Agenda Reg 07-16-02City of Delray Beach
Regular Commission Meeting
Tuesday, Jul.v 16. 2002
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
100 NW 1st 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 fight 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 slanderous remarks or who becomes boisterous while
addressing the Commission shall be barred by the presiding officer from speaking
further, unless permission to continue or again address the Commission is granted
by a majority vote of the Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by the City
Commission with respect to any matter considered at this meeting, such person
will need to ensure that a verbatim record includes the testimony and evidence
upon which the appeal is based. The City neither provides nor prepares such
record.
The City will furnish amaliary aids and services to afford an individual with a
chsabihty an opportunity to participate m and enjoy the benefits of a service,
program, or acUmty conducted by the City. Contact Doug Randolph at 243-
7127 (voice) or 243-7199 (TDD), 24 hours prior to the event in order for the
City to accommodate your request. Adapnve listening devices are available for
meetines in the Comrmssion Chambers.
2.
3.
4.
5.
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INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL.
APPROVAL OF MINUTES:
july 2, 2002 - Regular Meeting
July 9, 2002 - Special Meeting
PROCLAMATIONS:
· None
PRESENTATIONS:
Hamlet Country Club Donation: Delray Beach Fire Rescue and Delray Beach Police -
Perry Don Francisco
Ceremonial Grant Checks - Representative Anne Gannon
Distinguished Budget Award
CONSENT AGENDAx City Manager Recommends Approval.
A0
RESOLUTION NO. 55-02: Approve Resolution No. 55-02 abandoning a portion of
Royal Palm Boulevard, located on the east side of north Federal Highway,
approximately 3,600 feet south of Gulf Stream Boulevard, in conjunction with Old
Palm Grove Development.
B0
RESOLUTION NO. 61-02/VANTAGE CARE RETIREMENT HEALTH
SAVINGS PLAN: Approve Resolution No. 61-02 adopting the Vantage Care
Retirement Health Savings Plan.
RESOLUTION NO, 62-02/.ABANDO.NMENT AND ACCEPTANCE OF
UTILITY EASEMENTS/DELRAY LINCOLN MERCURY: Approve
Resolution No. 62-02 abandoning a poruon of a 12 foot wide water distribution
easement lying within tract "A" of Delray Lincoln Mercury Plat No. 2, and acceptance
of a 12 foot wide water distribution easement deed located approximately 20 feet to the
north.
D°
SERVICE AUTHORIZATION NO. 2/KIMLEY-HORN, INC.:
Service Authorization No. 2 to I4amley-Horn, Inc. for the design
Neighborhood Improvements Phase IV in the amount of $111,000.00.
available from 370-3162-541-65.43 (Lake Ida Road North).
Approve
of Seacrest
Funding is
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07-16-2002
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FINAL SUBDIVISION PLAT APPROVAL/ANTIQUE EXPERIENCE:
Approve the boundary plat for Antique Experience, located on the southeast comer of
S.E. 5th Avenue and East Atlantic Avenue.
CHANGE ORDER NO. 2/FINAL PAYMENT/GTE BUILDERS, INC.:
Approve Change Order No. 2 in the amount of $9,617.94 and final payment in the
amount of $65,583.45 to GTE Builders, Inc. for the City Marina Improvements and
Sarah Gleason Park Improvements Project. Funding is available from 334-4181-572-
63.90 (General Construction Fund/Other Improvements).
CHANGE ORDER NO, 2/FINAL PAYMENT/RO$SO PAVING &
DRAINAGE, INC.: Approve Change Order No. 2 in the deduct amount of
$48,989.85 and final payment in the amount of $35,489.91 to Rosso Paving & Drainage,
Inc. for the NW 18th Avenue Improvements Project. Funding is available from 442-
5178-536-63.90 for $25,685.70 (Water & Sewer/Other Improvements) and 334-6111-
519-46.90 for $23,304.15 (General Construction Fund/Other Improvements).
THIRD AMENDMENT TO PALM BEACH COUNTY/WEED AND SEED
PROGRAM AGREEMENT: Approve Amendment No. 3 to the Interlocal
Agreement between the City of Dekay Beach and Palm Beach County for the Weed and
Seed Program, extending the City's services as fiscal agent until September 30, 2003.
AMENDMENT TO SOUTH PALM BEACH COUNTY PUBLIC SAFETY
COMMUNIGATIONS COOPERATIVE/PALM BEACH COUNTY
AGREEMENT: Approve Amendment No. 2 to the interlocal agreement between
the South Palm Beach County Public Safety Commumcadons Cooperauve and Palm
Beach County for use of a portion of the County's Trunked Radio System (SmartZone
Controller).
RCC CONSULTANTS. INC. AGREEMENT: Approve an agreement between the
City and RCC Consultants, Inc. in the amount of $22,299.00 for the development of a
licensing package for two (2) additional frequencies on the 800 MHz communications
system and consulting services.
FDOT UTILITY pERMIT & HOLD HARMLESS AGREEMENT/
GOODISON PARK ESTATES: Authorize the City to act as the utility permit
applicant for the construction of a water mare extension within the state right-of-way
(south of Linton Boulevard and on the east side of A-l-A) and approve a Hold
Harmless Agreement with the developer (L.D.J.B. Development, L.L.C.).
DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve fund
subsidies for four (4) eligible applicants/families in the amount of $21,285.00 for 3302
Spanish Wells Drive C, $19,238.00 for 2809 Zomo Way #3-A-2, $21,375.00 for NW 5th
Avenue, and $18,226.00 for NW 6'h Avenue. This brings the number to 147
homeowners assisted under the Renaissance Program. Funding is available from 118-
1924-554-83.01 (SHIP Program).
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07-16-2002
REVIEW OF APPEAI. JkBLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
ju~y 1, 2002 through July 12, 2002.
N. AWARD OF BIDS AND CONTRACTS:
Contract award to Pioneer Contracting, Inc. in the mount of $116,886.55 for
the Dekay Shores Enhancements - Udell Lane Project. Funding is available
from 334-6111-519-63.89 (Neighborhood Enhancements).
Contract award to Conquest Engineering, Inc. in the amount of $304,534.00 for
the Seacrest Neighborhood Improvements Phase III, Water Main Upgrades
project. Funding is available from 442-5178-536-65.03 (Seacrest/Del-Ida).
Purchase award to Fisher Scientific Company in the amount of $46,560.00 via
the Broward Co-op Bid for replacement fire fighting personal protective
clothing. Funding is available from 001-2311-522-52.22, 001-2313-522.52.22,
001-2315-522.52.22, and 001-2317-522.52.22 (Uniforms/Linen).
Purchase award to Chemical Lime Company at an estimated annual cost of
$314,241.50 via the City of Boynton Beach Co-op Bid #052-2821-02/KR for
bulk quicklime for the City of Delray Beach. Funding is available from 441-
5122-536-51.21 (2002-2003 Budget).
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Bid award to Signcraft, Inc. in the amount of $18,134.00 for the installation of
seventy-one (71) signs for the Wayfmder Signs Phase II project. Funding is
available from 334-6111-519-64.90 (General Construction Fund/Other
Machinery/Equipment).
REGULAR AGENDA:
APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
DECISION/HESSLER PAINT AND .DECORATING CENTER: Consider an
appeal of a decision of the Site Plan Review and Appearance Board's action denying an
awning for Hessler Paint and Decorating Center, located at 4591 West Atlantic Avenue.
Quasi-Judicial Hearing
B. ITEM REMOVED
THE FRIENDS OF SANDOWAY HOUSE NATURE CENTER, INC.:
Consider approval of a request from the Friends of Sandoway House Nature Center,
Inc. to grant a temporary use permit per LDR Section 2.4.6(H) for the use of the
eastern portion of the Ingraham Parking Lot from 5:00 p.m. on November 21, 2002
through noon on November 25, 2002, and use of the balance of the Ingraham Parking
Lot and the Sandoway Parking Lot from 5:00 p.m. until midnight on November 23,
2002 to accommodate their annual fund-raiser; contingent on the sponsor providing
liability insurance and a hold harmless agreement.
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07-16-2002
10.
ESTABLISHMENT OF PROPOSED MILI~GE RATE; Consider establishing
the ptoposedmi~age rate for FY 2003.
APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY:
Appoint one (1) regular member to the Delray Beach Housing Authority to fill an
unexpired term ending July 14, 2004. Based on the rotation system, the appointment
will be made by Commissioner McCarthy (Seat #4).
Fo
APPOINTMENTS TO THE PLANNING AND ZONING BOARD: Appoint
four (4) members to the Planning and Zoning Board for two (2) year terms ending
August 31, 2004. Based upon the rotation system, the appointments will be made by
Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), Mayor Schmidt
(Seat #5), and Commissioner Perlman (Seat #1).
PUBLIC HEARINGS:
ORDINANCE NO. 24-02 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending the Land Development Regulations to add
Public Educational Facilities of the School District of Palm Beach County as a principal
use in Residential and Community Facilities (CF) zoning districts; Section 4.3.3 adding
supplemental regulations for Public Educational Facilities; modifying the definition of
Residential Zoning Districts; renaming Educational Facilities and clarifying that private
schools and other similar educational facilities are conditional uses in certain residential
zoning districts; and adding private schools and other similar educational facilities as a
conditional use in the Planned Residential Development (PRD) zoning district.
ORDINANCE NO. 25-02: An ordinance amending the Future Land Use Map
Amendment (Small-Scale) from CMR (Commerce) in part and GC (General
Commercial) in part to CMR (Commerce) and rezoning from MIC (Mixed Industrial
and Commercial) in part and GC (General Commercial) m part to MIC (Mixed
Industrial and Commercial) for a 1.80 acre parcel of land located at the northwest
comer of West Atlantic Avenue and Interstate-95 known as Depot Square Historic Site
(former train station - 80 Depot Avenue). Quasi-judicial (as to zoMng) Public
CONDITIONAL USE REQUEST: Consider a conditional use request
to allow the establishment of a monument and ornamental stone cutting
facility for Natural Stone Fabrication, located at the northwest comer of
West Atlantic Avenue and Interstate-95 (known as Depot Square Historic
Site).
ORDINANCE NO, 2.%02: An ordinance designating the S.E. O'Neal House located
at 910 N.E. 2"d Avenue to the local register of Historic Places.
ORDINANCE NO. 28-02; An ordinance amending Ordinance No. 70-89, regarding
615 North Ocean Boulevard, to increase the maximum floor area from 2,400 square
feet to 2,650 square feet for the enclosure of a 250 square foot porch.
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07-16-2002
11.
ORDINANCE NO. 16-02 (FIRST READING/TRANSMITTAL HEARING
FOR COMPREHENSIVE PLAN AMENDMENT 2002-01); Consider on first
reading an ordinance adopting Comprehensive Plan Amendment 2002-01 and
associated Future Land Use Map (FLUND amendments, and authorize transmittal to the
State Department of Community Affairs. Amendment 2002-01 includes:
City initiated Future Land Use Map amendment from County CHO/8 (Commercial
High Office with residential density of 8 units per acre) and MRS (Medium
Residennal, 5 un/ts/acre) to City GC (General Commercial) and LD (Low Density,
1-5 du/ac), for eleven parcels located north of Lake Ida Road, between Barwick
Road and Military Trail.
City initiated Future Land Use Map amendment from County MR5 (Medium
Residential, 5 units/acre) to City LD (Low Density Residential, 1-5 du/ac) for the
Winterplace Subdivision (now known as the Colony at Delray Beach), located at the
southeast comer of Military Trail and the LWDD L-30 Canal.
City initiated Future Land Use Map amendment from MD (Medium Density, 5-12
du/ac) to CC (Commercml Core) for a property located on the east side of Gleason
Street, approximately 94 feet south of East Atlantic Avenue.
RESOLUTION NO. 60-02: A resolution establishing a budget for the Stormwater
Utility System, establishing the rates for FY 2003 Stormwater Management
Assessments, and cerufying and adopting the Stormwater Assessment Roll.
ORDINANCE NO. 2~-02 (SECOND READING/SECOND PUBLIC
HEARING); An ordinance amending the Land Development Regulations Section
3.1.103) and Section 2.4.3(A)(9) to add public school concurrency as a required finding
and to modify submission requirements.
Ho
ORDINANCE NO. 29-02: An ordinance amending Ordinance No. 9-95, which
designated the Susan Williams House as a local historic sxte, to modify the description
and address of the property.
ORDINANCE NO, 30-02; An ordinance amending Chapter 35, "Employee Policies
and Benefits", Subheading "Retirement Plan" of the City Code of Ordinances by
amending Sections 35.0970) and 35.097(L)(2)(B) to comply with the recent Internal
Revenue Code requirements and Florida Statutes.
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.
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07-16-2002
12.
13.
FIRST READINGS:
ORDINANCE NO. 31-02: City initiated voluntary annexation of eleven parcels of
land (54.5 acres) located north of Lake Ida Road, between Barwick Road and Military
Trail. If passed, a public hearing will be scheduled for August 6, 2002.
B0
ORDINAN(~E NO. 32-02: City initiated voluntary annexation of a 34.6 acre parcel,
the Winterplace Subdivision (now known as The Colony at Delray Beach), located at
the southeast comer of Military Trail and the LWDD L-30 Canal. If passed, a public
heating will be scheduled for August 6, 2002.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
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07-16-2002
JULY 9, 2002
A Special Meeting of the City Commission of the City of Delray Beach, Florida, was
called to order by Mayor David W. Schmidt in the First Floor Conference Room at City Hall at 6:00
P.M., Tuesday, July 9, 2002.
Roll call showed:
Present
Commissioner Alberta McCarthy
Commissioner Jon Levinson
Mayor David W. Schmidt
Absent -
Commissioner Patricla Archer
Commissioner Jeff Perlman
Also present were -
City Manager David T. Harden
City Attorney Susan A. Ruby 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:
SPECIAL EVENT REQUEST/BLOCK PARTY: Consider a request from Community
Neighborhood Helping, Inc. for special event approval to allow the Old Fashion Block Party
with a Twist to be held on July 20, 2002 from 10 a.m. to 7 p.m., including a temporary use
permit for the street closures of S.W. 2"d Street between S.W. 12~' Avenue and S.W. 142 Avenue,
and staff support for barricading, site clean up/trash removal, security assistance with waiver of
overtime costs; contingent on the sponsor providing habtlity insurance and a hold harmless
agreement.
Ms. McCarthy moved to approve the Special Event request from Community
Neighborhood Helping, Inc. to hold an Old Fashion Block Party on july 20, 2002 subject to
staff recommendations, seconded by Mr. Levinson. Upon roll call, the Commission voted as
follows: Mr. Levinson - Yes; Commissioner McCarthy - Yes; Mayor Schmidt - Yes. Said
motion passed with a 3 to 0 vote.
PURCHASE OF PROPERTY: Consider approval of contract to purchase property located
at 180 Davis Road and 2300 Owens Baker Road and Contract for Sale and Purchase between
the City and Mr. Harvel in the amounts of $186,000.00 and $365,300.00.
Mr. Levinson moved to approve the purchase of property located at 180 Davis Road and
2300 Owens Baker Road m the amounts of $186,000.00 and $365,300.00, respectively,
seconded by Ms. McCarthy. Upon roll call, the Commission voted as follows: Commissioner
McCarthy - Yes; Mayor Schmidt - Yes; Mr. Levinson - Yes. Said mouon passed with a 3 to
0 vote.
PURCHASE OF PROPERTY: Consider approval of contract to purchase property located
at 2420 Owens Baker Road and Contract for Sale and Purchase between the City and Michael D.
and Ellie Baker in the amounts of $91,000.00.
Mr. Levinson moved to approve the purchase of property located at 2420 Owens Baker
Road m the amount of $91,000.00, seconded by Ms. McCarthy. Upon roll call, the
Commission voted as follows: Mayor Schmidt - Yes; Mr. Levinson - Yes; Commissioner
McCarthy - Yes. Smd motion passed with a 3 to 0 vote.
Mayor Schmidt declared the Special Meeting adjourned at 6:08 p.m., at which time the Commission
convened to the regularly scheduled Workshop Meeting.
ATTEST:
City Clerk
MAYOR
The undersigned is the City Clerk of the City of Dekay Beach, Florida, and the
informauon provided hereto is the Minutes of the Special Meeting of the City Commission held on
July 9, 2002, which Minutes were formally approved and adopted by the City Commission on
c ty 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 deleuons to
the Minutes as set forth above.
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JULY 2~ 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, July 2, 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 -
City Manager David T. Harden
City Attorney Susan A. Ruby
City Clerk Barbara Gadto
2...:. The opening prayer was delivered by Reverend Matthew "Bump" Mitchell, Christ
Missionary Baptist Church.
e
The Pledge of Allegiance to the flag of the United States of America was given.
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AGENDA APPROVAL.
Mayor Schmidt stated there is a request from EPOCH to remove Item 9.B. Loan
Repayment Request/EPOCH from the Regular Agenda.
Mayor Schmidt requested that Item 8.A. Resolution 55-02 of the Consent
Agenda be moved to the Regular Agenda as Item 9.A.A.
delay Item
resolved.
The City Manager stated he received a request from the Firefighters' Union to
10.B. Ordinance No. 23-02 because they have a few concerns that need to be
Mr. Levinson noted a typographical error to Item 8.G. and stated the words
should read "Ted Juracsik Tool & Die" not "Ted Juracsik Tool & Dye".
Ms. McCarthy moved to approve the Agenda as amended, 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.
5_. APPROVAL OF MINUTES:
Mr. Levinson stated on page 21 of the Minutes from June 4th, there is no address
listed for Anthony Vocaturo. Mr. Levinson asked the City Clerk to obtain Mr. Vocaturo's
address and include it in the Minutes.
Mrs. Archer moved to approve the Minutes of the Regular Meeting of June 4,
2002, as corrected, 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.
Mayor Schmidt noted comments from Rita Ellis are inadvertently duplicated on
page 13 and should be deleted and remain only on page 21. Also, on page 16 the word "not"
should be inserted into the comments by Mr. Iler.
Mr. Levinson moved to approve the Minutes of the Regular Meeting of June 18,
2002, as corrected, seconded by Ms. McCarthy. 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.
PROCLAMATIONS:
None.
PRESENTATIONS:
None.
CONSENT AGENDA: City Manager Recommends Approval.
8oAo
THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM
9.A.A.
8.B. RESOLUTION NO. 56-02/ABANDONMENT OF PUBLIC ACCESS
EASEMENT/CORNICHE REPLAT: Approve Resolution No. 56-02 and the abandonment of
a 24' public access easement within the Corniche Replat, located on the east side of Federal
Highway, approximately 800 feet south of S.E. 10th Street.
The caption of Resolution No. 56-02 reads as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A 24' PUBLIC ACCESS EASEMENT
LOCATED ADJACENT TO NORTHBOUND FEDERAL
HIGHWAY ON THE EAST SIDE AND JUST SOUTH OF
KNOWLES PARK, AS MORE PARTICULARLY DESCRIBED
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07/02/02
(The official copy of Resolution No. 56-02 is on file in the City Clerk's office.)
8.C RESOLUTION NO. 57-02:
portion of the east-west alley right-of-way,
Whidden's Subdivision.
Approve Resolution No. 57-02 abandoning a
located on the north side of Lot 6, Block 6 of
The caption of Resolution No. 57-02 reads as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING THE EAST/WEST ALLEY LYING NORTH OF
AND ADJACENT TO LOT 6, BLOCK 6, WHIDDEN'S
SUBDIVISION, AS MORE PARTICULARLY DESCRIBED BY
EXHIBIT "A".
(The official copy of Resolution No. 57-02 is on file in the City Clerk's office.)
8.D RESOLUTION NO. 58-02: Approve Resolution No. 58-02 abandoning Tract
"A" of the plat of Laver's North, located on the east side of S.W. l0th Avenue, approximately
240 feet south of Linton Boulevard.
The caption of Resolution No. 58-02 reads as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING TRACT "A", OF THE PLAT OF LAVER'S
NORTH, LOCATED ON THE EAST SIDE OF S.W. 10TM
AVENUE, APPROXIMATELY 240-FEET SOUTH OF LINTON
BOULEVARD, AS MORE PARTICULARLY DESCRIBED
HEREIN, BUT RESERVING AND RETAINING TO THE CITY
A GENERAL UTILITY EASEMENT OVER A PORTION OF
THE AREA THEREOF, AS MORE PARTICULARLY
DESCRIBED HEREIN.
(The official copy of Resolution No. 58-02 is on file in the City Clerk's office.)
8.E
REQUEST FOR SIDEWALK DEFERRAL/TROPIC SUPPLY
WAREHOUSE: Approve a request from Tropic Supply Warehouse to defer the installation of a
sidewalk in front of 1203 Poinsettia Drive. Staff recommends approval.
8.F. RELEASE OF INTERESTS/UTILITY EASEMENT: Approve the release of
City interests in easement deed regarding utility companies.
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07/02/02
8.G. ACCEPTANCE OF EASEMENT DEED/TED JURACSIK TOOL & DIE:
Approve and accept an easement deed granting to the City the means to construct and maintain a
stormwater drainage main for the completion of the N.W. 18th Avenue/Marty Fladell Drive
Construction Project.
8.H. FINAL SUBDIVISION PLAT APPROVALfMIL-ATLANTIC PLAT:
Approve the Mil-Atlantic plat, located on the west side of Military Trail, just south of the L-34
Canal.
8.I. TOWN OF HIGHLAND BEACH AGREEMENT: Approve an agreement
between the City of Delray Beach and the Town of Highland Beach for comprehensive fire and
emergency medical services.
8.J TEQUESTA POLICE DEPARTMENT AGREEMENT: Approve an
agreement between the City of Delray Beach Police Department and the Tequesta Police
Department for utilization of the National Crime Information Center and Florida Crime
Information Center System through the Delray Beach Police Department equipment.
PALM BEACH COUNTY FINANCIAL ASSISTANCE AGREEMENT:
Approve a financial assistance agreement with the Palm Beach County Board of County
Commissioners in the amount of $300,000.00 for beautification improvements to Lake Ida Road.
8.L. AMENDMENT NO. I/PIERCE MANUFACTURING~ INC./TEN 8
AGREEMENT: Approve Amendment No. 1 to the agreement between the City of Delray
Beach and Pierce Manufacturing, Inc./Ten 8 providing for an earlier trade-in of the 1971
Pierce/Pitman Snorkel.
8.M. CHANGE ORDER NO. 1/FINAL PAYMENT/FLORIDA BLACKTOP~
INC.: Approve Change Order No. 1 in the amount of $44,510.17 and final payment in the
amount of $92,717.37 to Florida Blacktop, Inc. for completion of NEfNW Area Infrastructure
Improvements Project. Funding is available from 370-3162-541-65.44 (2000 Roadway Bond
NE/NW Area).
g.N.
CHANGE ORDER NO. 2/FINAL PAYMENT/FLORIDA BLACKTOP~
INC.: Approve Change Order No. 2 in the amount of $41,090.14 and final payment in the
amount of $314.80 to Florida Blacktop, Inc. for completion of Pineapple Grove Way Project.
Funding is available from 448-5461-538-65.12 (Storm Water Utility Fund/NE 2nd Avenue).
8oOo
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).
8.P. SPECIAL EVENT REQUEST/COLUMBUS DAY: Approve a special event
request to allow the 3rd Annual Columbus Day Italian Fiesta sponsored by the Order Sons of
Italy in America Lodge #2719, to be held on October 11-12, 2002 from 12:00 p.m. until 10:00
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07/02/02
p.m., including a temporary use permit per LDR Section 2.3.6(H) for the use of Veterans park,
staff assistance for traffic control/security, and trash removal/clean up with event sponsor paying
50% overtime; contingent on the sponsor providing a hold harmless agreement and certificate of
insurance.
FINAL CLOSEOUT/4th BEACH RENOURISHMENT CONTRACT:
Approve the final closeout payment to Bean Stuyvesant in the amount of $411,103.64 for the 4th
Beach Renourishment Project.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period June 17,
2002 through June 28, 2002.
8.S. LEASE AGREEMENT/MARINE PATROL: Consider approval of a lease
agreement between the City of Delray Beach and Tropic Bay Homeowners' Association for
dockage space for the Police Department's Marine Patrol vessel.
goT,
AWARD OF BIDS AND CONTRACTS:
1_. Purchase award to Fischer Scientific Company (sole provider) in the
amount of $37,550.59 for the purchase of an integrated Personal Alert
Safety System (PASS) for the Scott Aviation Self-Contained Breathing
Apparatus (SCBA) used by the Fire Department. Funding is available
from 334-6112-519-64.90 (General Construction Fund/Other
Machinery/Equipment).
2_ Contract award to Th County Concrete Products in the amount of
$73,149.00 for the Tropic Isles drainage inlet replacements. Funding is
available from 448-5461-538-65.67 (Tropic Isles Catch Basin
Removal/Replacements).
3_. Contract award to Molloy Brothers, Inc. in the amount of $47,850.00 for
the Venetian Drive Infrastructure Improvements. Funding is available
from 441-5181-536-65.09 (Sewer/Venetian Drive).
Mr. Levinson moved to approve the Consent Agenda as amended, seconded by
Mrs. Archer. 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.
REGULAR AGENDA:
9.A.A. RESOULTION NO. 55-02: Approve Resolution No. 55-02 abandoning a
portion of Royal Palm Boulevard, located on the east side of north Federal Highway,
approximately 3,600 feet south of Gulf Stream Boulevard, in conjunction with Old Palm Grove
Development.
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O7/O2/O2
The caption of Resolution No. 55-02 reads as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF ROYAL PALM
BOULEVARD RIGHT-OF-WAY, LYING EAST OF FEDERAL
HIGHWAY, AS MORE PARTICULARLY DESCRIBED
HEREIN, BUT RESERVING AND RETAINING TO THE CITY
A UTILITY EASEMENT AND AN INGRESS/EGRESS
EASEMENT FOR PUBLIC ACCESS OVER THE ENTIRE
AREA THEREOF, AS MORE PARTICULARLY DESCRIBED
HEREIN.
(The official copy of Resolution No. 55-02 is on file in the City Clerk's office.)
Paul Dorling, Director of Planning and Zoning, stated staff has not received the
check and therefore will hold off recording the abandonment.
After brief discussion, Mrs. Archer moved to table Resolution No. 55-02,
seconded by Mr. Perlman. 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.A. CAROLINA CABANA AGREEMENT: Consider a request for relief from
Carolina Cabana regarding changes in their franchise agreement with the City.
The City Manager stated Carolina Cabana has requested changes to their
franchise agreement. The City Manager stated it would not be appropriate to grant an extension
or renewal. He continued to state that the appropriate course of action would be to terminate the
agreement under the provisions and that the franchise be put out for bid.
John E. Thomas~ Secretary/Treasurer of Carolina Cabana LLC~ stated his
customers arc primarily tourist based. Mr. Thomas stated 9-11 had a tremendous affect on the
tourist industry, and was one of the largest impacts that caused his business to go in default. Mr.
Thomas stated he virtually made no money from the month of October through December 2001.
Furthermore, Mr. Thomas stated there have been some events that were held during tourist
season that were financial harmful to his business (i.e., Volleyball Tournament) and stated in the
past he has lost as many as twenty units on the beach front due to the Volleyball Tournament
which runs for five consecutive days.
Joe Weldon, Director of Parks and Recreation~ statexl for clarification the
Volleyball Tournament that Mr. Thomas is referring to is held in Delray Beach during the month
of June for approximately the last ten years. Mr. Weldon stated he has never allowed this
tournament to go any further north than thc S-3 Tower and pointed out that the tournament is
usually held between thc S-3 and S-5 Tower in the vicinity of the Sandoway Parking Lot which
he believes has minimal impact on their business.
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07/02/02
Brief discussion followed by the Commission.
Mr. Perlman stated according to Joe Safford's (Finance Director) memo, there is
nothing in the documents that Mr. Thomas has provided that support the 9-11 impact. Mr.
Perlman inquired about why the payroll expenses have increased. Mr. Thomas stated there were
some minimal pay raises. Mr. Perlman commented about a concern Mr. Safford addressed in his
memo with regard to there being an increase in expenses of $25,000 during the month of May
2001. Mr. Thomas stated the company had to repay a loan in the amount of $16,000. Mr.
Perlman stated he would be willing to negotiate for those three months if Mr. Thomas is doing a
good job, but he feels there is not enough information being provided to the Commission to
make an educated decision.
Mayor Schmidt concurred with comments expressed by Mr. Perlman. Mayor
Schmidt stated he also has some concerns about reducing the fee for over a year when there is
not any current financial information. Mayor Schmidt suggested that Mr. Thomas discuss this
further with staff to see if a compromise can be worked out and bring back to the Commission
for approval.
Mr. Levinson stated he does not have a problem negotiating but feels that there
may be significant change in the agreement in terms of dollars. Mr. Levinson continued to state
that it becomes unfair to the other bidders that bid at the time or any other bidders that may come
along. Therefore, Mr. Levinson suggested that to put this back out to bid and make the bid
flexible enough that it could be different payments of rent for different months. Mr. Levinson
stated at this point because of the amount of the relief being requested he is reluctant to support
this without going back out to the market.
The City Manager stated the City has not had any problems with the service and
welcomes the re-bid.
Mayor Schmidt inquired as to how long it would take to issue a Request for
Proposal (RFP). In response, Mr. Weldon stated the process would take approximately three
weeks.
The City Manager suggested that staff negotiate some arrangement for continuing
service while the bid process goes on.
Mrs. Archer stated she too concurs with the comments expressed by the rest of the
Commission. She feels Mr. Thomas made a point when he expressed concern about other
activities that take place on the beach, the City needs to give some understanding to what that
means to any vendor's financial bottom line. Mayor Schmidt stated Mr. Thomas spoke about
this and the seasonal nature and feels this needs to be taken into account when writing the RFP.
The City Manager stated the City would like Mr. Thomas to help staff in
reformulating the RFP to address some of the concerns.
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07/02/02
Mr. Levinson moved to approve that staff negotiate with Mr. Thomas with regard
to his an'ears, and that the City re-bid and keep the contract in place until the City receives the
responses; and have staff look at how the bid will be put out, 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.
0oB.
THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
DESIGNATION OF VOTING DELEGATE/FLORIDA LEAGUE OF
9.C.
CITIES ANNUAL CONFERENCE: Designate voting delegate to the Florida League of
Cities' 76th Annual Conference to be held at the Boca Raton Resort and Club on August 15-17,
2002.
Mr. Levinson moved to appoint Mayor David W. Schmidt as voting delegate to
the Florida League of Cities' 76th Annual Conference to be held at the Boca Raton Resort and
Club on August 15-17, 2002, 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.
9.D. RESOLUTION NO. 53-02: Consider approval of Resolution No. 53-02
authorizing the City to purchase property located at 2475 West Atlantic Avenue and Contract for
Sale and Purchase between the City and Temple Sinai in the amount of $370,000.00.
The caption of Resolution No. 53-02 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, AS DESCRIBED
HEREIN, HEREBY INCORPORATING AND ACCEPTING THE
CONTRACT STATING THE TERMS AND CONDITIONS FOR
THE SALE AND PURCHASE BETWEEN THE SELLERS AND
THE CITY OF DELRAY BEACH, FLORIDA.
(The official copy of Resolution No. 53-02 is on file in the City Clerk's office.)
The City Attorney stated this is a resolution incorporating terms of a contract
between the City and Temple Sinai. The City Attorney explained that the City will place two
traffic calming devices in an area where an additional median cut will be made by the City to
help with the traffic flow and the contract contemplates the City will pay up to $100,000.00 on a
reimbursable basis for noise control measures upon the receipt of paid receipts for such work if
needed.
Ms. McCarthy asked for further explanation regarding the $100,000.00 on a
reimbursable basis for noise control measures. The City Attorney stated that the stadium may be
placed next to the Temple Sinai building and stated one of the conditions in the Interlocal
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07/02/02
Agreement was that the City would undertake noise control as it affected the Temple Sinai. The
City Attorney explained that this is a one time cost and fixes the cost for the City.
Mr. Levinson moved to approve Resolution No. 53-02, 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.
9.E. RESOLUTION NO. 54-02: Consider approval of Resolution No. 54-02
authorizing the City to purchase property fronting the Delray Beach Fire Station on the south
side of Germantown Road, southeast of Linton Boulevard and Contract for Sale and Purchase
between the City and Norman W. Blood, Jr. III and James D. Blood in the amount of $24,000.00.
The City Manager presented Resolution No. 54-02:
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, AS DESCRIBED
HEREIN, HEREBY INCORPORATING AND ACCEPTING
THE CONTRACT STATING THE TERMS AND CONDITIONS
FOR THE SALE AND PURCHASE BETWEEN THE SELLERS
AND THE CITY OF DELRAY BEACH, FLORIDA.
(The official copy of Resolution No. 54-02 is on file in the City Clerk's office.)
At this point, Mrs. Archer left the dais.
The City Attorney stated several years ago the City entered into an agreement to
acquire land from the Bloods to accommodate Orchard View Park and Fire Station #5. As part
of that purchase, the City acquired an access easement which was to cease when Germantown
Road was realigned. It was anticipated that the realigned road would alleviate the need for the
access easement but it appears that the realignment of Germantown Road was such that a gap
was created when the access easement expired.
Mr. Perlman moved to approve Resolution No. 54-02, seconded by Mr. Levinson.
Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes;
Mr. Perlman - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote.
9.F. PURCHASE OF BREEZY RIDGE PROPERTY: Consider approval of
contract for the purchase of one (1) Breezy Ridge property.
The City Attorney explained this property is one of the last Breezy Ridge
properties and the terms are the same as the other Breezy Ridge properties. The City Attorney
continued to state that the City is closing on all other properties in the Breezy Ridge area except
for one.
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07/02/02
Mr. Perlman moved to approve the contract for the purchase of one Breezy Ridge
property, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor
Schmidt - Yes; Mr. Perlman - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion
passed with a 4 to 0 vote.
9.G. RESOLUTION NO. 59-02: Consider approval of Resolution No. 59-02
adopting the Section 125 Flexible Benefits (Cafeteria) Plan.
The City Manager presented Resolution No. 59-02:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, ADOPTING A CAFETERIA
PLAN IN ACCORDANCE WITH SECTION 125 OF THE
INTERNAL REVENUE CODE, INCLUDING DEPENDENT
CARE IN ACCORDANCE WITH SECTION 129 OF THE
INTERNAL REVENUE CODE AND MEDICAL
REIMBURSEMENT IN ACCORDANCE WITH SECTION 105
OF THE INTERNAL REVENUE CODE; PROVIDING FOR
CONFLICTS; SUPERSEDING AND REPEALING PREVIOUS
PLANS; PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
(The official copy of Resolution No. 59-02 is on file in the City Clerk's office.)
At this point, Mrs. Archer remmed to the dais.
Joseph Safford, Finance Director, stated the IRS requires the City to adopt a
Section 125 Flexible Benefit Plan to encompass all the pre-tax benefits that the City is currently
offering to its employees. For example, Mr. Safford stated for the Cigna Healthcare Plan an
employee can elect to have pre-tax benefits or post-tax benefits. All post-tax benefits are not
included in the Section 125 plan.
Mr. Levinson commended Mr. Safford for offering the Section 125 Flexible
Benefit Plan to employees. Mr. Levinson commented that no two people have the same needs
and stated this allows employees to provide flexible benefits based upon their own needs.
Mrs. Archer moved to approve Resolution No. 59-02, 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.
oI-Io
RATIFICATION OF APPOINTMENT TO THE PARKING
MANAGEMENT ADVISORY BOARD: Ratify the appointment to the Parking Management
Advisory Board for a two (2) year term ending August 1, 2004.
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07/02/02
Mr. Perlman moved to reappoint Ronald Radabaugh to the Parking Management
Advisory Board for a two (2) year term ending August 1, 2004, 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.
9.Io
APPOINTMENTS TO THE DELRAY BEACH HOUSING AUTHORITY:
Appoint three (3) regular members to the Delray Beach Housing Authority for a four (4) year
term ending July 14, 2006. Based on the rotation system, the appointments will be made by
Commissioner Perlman (Seat # 1), Commissioner Archer (Seat #2), and Commissioner Levinson
(Seat #3).
Mr. Perlman moved to reappoint Yvonne Wilson as a regular member to the
Delray Beach Housing Authority for a four (4) year term ending July 14, 2006, seconded by Ms.
McCarthy. 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.
Mrs. Archer moved to reappoint Alfred Etienne as a regular member to the Delray
Beach Housing Authority for a four (4) year term ending July 14, 2006, seconded by Mr.
Perlman. 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.
Mr. Levinson moved to reappoint Dawn Guzzetta as a regular member to the
Delray Beach Housing Authority for a four (4) year term ending July 14, 2006, seconded by Mr.
Perlman. 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.J. APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD:
Appoint four (4) members to the Historic Preservation Board for a term ending August 31, 2004.
Based upon the rotation system, the appointments will be made by Commissioner Levinson (Seat
#3), Commissioner McCarthy (Seat #4), Mayor Schmidt (Seat #5), and Commissioner Perlman
(Seat #1).
Mr. Levinson moved to appoint Francisco Perez-Azua as a member to the
Historic Preservation Board for a term ending August 31, 2004, seconded by Ms. McCarthy.
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 reappoint Mary Lou Jamison as a member to the Historic
Preservation Board for a term ending August 31, 2004, 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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07/02/02
Mayor Schmidt moved to reappoint James Keavney as a member to the Historic
Preservation Board for a term ending August 31, 2004, 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.
Mr. Perlman moved to reappoint Rhonda Sexton as a member to the Historic
Preservation Board for a term ending August 31, 2004, seconded by Mrs. Archer. 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.
APPOINTMENTS TO THE SITE PLAN REVIEW AND APPEARANCE
BOARD: Appoint five (5) regular members to the Site Plan Review and Appearance Board for
a two (2) year term ending August 31, 2004. Based upon the rotation system, the appointments
will be made by Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), Mayor
Schmidt (Seat #5), Commissioner Perlman (Seat #1), and Commissioner Archer (Seat #2).
Mr. Levinson moved to appoint Daniel Carter as a regular member to the Site
Plan Review and Appearance Board for a two (2) year term ending August 31, 2004, 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.
Ms. McCarthy moved to reappoint Deborah Dowd as a regular member to the Site
Plan Review and Appearance Board for a two (2) year term ending August 31, 2004, 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.
Mayor Schmidt moved to reappoint Gary Eliopoulos as a regular member to the
Site Plan Review and Appearance Board for a two (2) year term ending August 31, 2004,
seconded by Ms. McCarthy. 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 appoint Mayer Abbo as a regular member to the Site Plan
Review and Appearance Board for a two (2) year term ending August 31, 2004, seconded by Ms.
McCarthy. 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.
Mrs. Archer moved to appoint Roger Cope as a regular member to the Site Plan
Review and Appearance Board for a two (2) year term ending August 31, 2004, seconded by Mr.
Perlman. 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.
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07/02/02
9.L. APPOINTMENT TO THE BOCA RATON AVIATION ADVISORY
COMMITTEE: Appoint one member to the Boca Raton Aviation Advisory Committee for a
two (2) year term ending June 1, 2004. Based on the rotation system, the appointment will be
made by Commissioner Perlman (Seat #1).
Mr. Perlman moved to appoint Bill Schwartz as a member to the Boca Raton
Aviation Advisory Committee for a two (2) year term ending June 1, 2004, 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.
At this point, the time being 7:05 p.m., the Commission moved to the duly
advertised Public Hearings portion of the agenda.
10.
PUBLIC HEARINGS:
10.A. ORDINANCE NO. 22-02: An ordinance amending Title VII, Chapter 71 of the
City Code of Ordinances "Parking Regulations". Prior to consideration of passage of this
ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this
time.
The City Manager presented Ordinance No. 22-02:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 71,
"PARKING REGULATIONS" OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING SECTION 71.041 "TIME LIMIT FOR
VEHICLES", TO PROHIBIT PARKING ON STATE ROAD
A1A, SOUTH OF MIRAMAR STREET AND NORTH OF
ATLANTIC AVENUE, BETWEEN THE HOURS OF l lPM
AND 5 AM; BY AMENDING SECTION 71.055,
"DEFINITIONS", TO ADD THE DEFINITION OF THE
"MULTI SPACE PARKING METER", "MULTI SPACE
PARKING METER ZONES", AND TO CLARIFY THE
DEFINITION OF "PARKING METER"; BY AMENDING
SECTION 71.059 "PARKING TIME LIMITS", TO PROVIDE
THAT THE SIGNS IN ANY GIVEN AREA SHALL
ESTABLISH PARKING TIME LIMITS; BY AMENDING
SECTION 71.060, "PARIrdNG METER PERMITS", FOR THE
PURPOSE OF INCLUDING ATLANTIC DUNES AND TO
UPDATE THE CURRENT COST OF THE PARKING
PERMITS; BY REPEALING CHAPTER 73, "PARKING
SCHEDULES", SCHEDULE I, "TWO HOUR/FOUR HOUR
PARKING ZONES" IN ITS ENTIRETY IN ORDER TO
PROVIDE FOR A CONSOLIDATED PARKING ORDINANCE;
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07/02/02
BY ENACTING A NEW SECTION 71.063 "LIMITED TIME
PARKING ZONES" TO ESTABLISH THAT IT IS A
VIOLATION TO PARK OR STAND A VEHICLE IN EXCESS
OF THE POSTED TIME LIMITS; BY REPEALING CHAPTER
73, "PARKING SCHEDULES", SCHEDULE II, "PARKING
METER ZONES" IN ITS ENTIRETY IN ORDER TO PROVIDE
FOR A CONSOLIDATED PARKING ORDINANCE; BY
ENACTING A NEW SECTION 71.064 "PARKING METER
ZONES" TO ESTABLISH THAT IT IS A VIOLATION TO
PARK OR STAND A VEHICLE AFTER TIlE TIME HAS
EXPIRED ON THE PARKING METER; BY AMENDING
SECTION 71.091 "LIABILITY FOR PAYMENT OF PARKING
TICKET VIOLATIONS" TO LIMIT AN AUTOMOBILE
OWNER'S LIABILITY IN THE CASE OF A STOLEN
VEHICLE; PROVDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 22-02 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public heating was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Mayor Schmidt declared the public hearing open.
John Benneth representing the Beach Property, Owner's Association
(BPOA)~ stated he would just like to confirm that the question arose at the first reading of this
ordinance that the BPOA was aware of it and they do not have any rejection, although it
apparently leaves a small strip of parking available for all times.
There being no one else who wished to address the Commission regarding
Ordinance No. 22-02, the public hearing was closed.
Mrs. Archer moved to adopt Ordinance No. 22-02 on Second and FINAL
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.
10.B. ORDINANCE NO. 23-02: An ordinance amending Chapter 35, "Employee
Policies and Benefits" of the City Code of Ordinances by enacting Section 35.056 "Designation
of Personnel as Critical to Security". Prior to consideration of passage of this ordinance on
Second and FINAL Reading, a public hearing has been scheduled to be held at this time.
The City Manager presented Ordinance No. 23-02:
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07~2~2
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND
BENEFITS", BY ENACTING SECTION 35.056,
"DESIGNATION OF PERSONNEL AS CRITICAL TO
SECURITY", TO PROVIDE FOR FINGERPRINTING A_ND
BACKGROUND CHECKS FOR CERTAIN EMPLOYMENT
APPLICANTS AND EMPLOYEES FOR THOSE
DEPARTMENTS WHICH ARE DESIGNATED AS CRITICAL
TO SECURITY; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 23-02 is on file in the City Clerk's office.)
Per the request of the Firefighters' Union, this item has been postponed.
10.C. ORDINANCE NO. 24-02 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending the Land Development Regulations to add Public Educational Facilities
of the School District of Palm Beach County as a principal use in residential and community
facilities (CF) zoning districts; Section 4.3.3 adding supplemental regulations for public
educational facilities; modifying the definition of residential zoning districts; renaming
educational facilities and clarifying that private schools and other similar educational facilities
are conditional uses in certain residential zoning districts; and adding private schools and other
similar educational facilities as a conditional usc in the planned residential development (PRD)
zoning district. Prior to consideration of passage of this ordinance on First Reading/First Public
Hearing a public hearing has been scheduled to bc held at this time. If passed, a Second
Reading/Second Public Hearing will be scheduled for July 16, 2002.
The City Manager presented Ordinance No. 24-02:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SECTION 4.4.1
"AGRICULTURE ZONE DISTRICT (A)", 4.4.2 "RURAL
RESIDENTIAL (RR) ZONE DISTRICT", SECTION 4.4.3,
"SINGLE FAMILY RESIDENTIAL (R-l) DISTRICTS",
SECTION 4.4.4 "MOBILE HOME (MH) DISTRICT", SECTION
4.4.5, "LOW DENSITY RESIDENTIAL (RL) DISTRICT",
SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM)
DISTRICT", SECTION 4.4.7, "PLANNED RESIDENTIAL
DEVELOPMENT (PRD) DISTRICT", AND SECTION 4.4.21,
"COMMUNITY FACILITIES (CF) DISTRICT", TO ALLOW
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07/02/02
PUBLIC EDUCATIONAL FACILITIES OF THE SCHOOL
DISTRICT OF PALM BEACH COUNTY AS A PRINCIPAL
USE PURSUANT TO REGULATIONS SET FORTH IN
SECTION 4.3.3(HH); AMENDING SECTION 4.4.3, "SINGLE
FAMILY RESIDENTIAL (R-I) DISTRICTS", SECTION 4.4.5,
"LOW DENSITY RESIDENTIAL (RL) DISTRICT", SECTION
4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT",
SECTION 4.4.7, "PLANNED RESIDENTIAL DEVELOPMENT
(PRD) DISTRICT", AND SECTION 4.4.21, "COMMUNITY
FACILITIES (CF) DISTRICT", TO ALLOW PRIVATE
EDUCATIONAL FACILITIES AS A CONDITIONAL USE
SUBJECT TO THE RESTRICTIONS SET FORTH IN SECTION
4.3.3(HHH); AMENDING SECTION 4.3.3 (HI-I),
"EDUCATIONAL FACILITIES", BY RENAMING THE
SUBSECTION TO "PUBLIC EDUCATIONAL FACILITIES OF
THE SCHOOL DISTRICT OF PALM BEACH COUNTY" AND
ADDING SUPPLEMENTAL REGULATIONS FOR PUBLIC
EDUCATIONAL FACILITIES; AMENDING APPENDIX "A",
"DEFINITIONS" TO MODIFY THE DEFINITION OF
"RESIDENTIAL DISTRICTS"; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 24-02 is on file in the City Clerk's office.)
The City Attomey read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated the amendment adds
supplemental regulations to Section 4.3.3 which include a minimum lot size of one acre, requires
a loading area with a minimum drop-off pick up area of 100 feet and requires landscape buffers
when adjacent to residential. It also adds "public facilities" as a permitted use in all residential
districts, changes public educational facilities from conditional use to permitted use in the
Community Facilities (CF) zoning district. It also modifies the definition in the LDR's to
include Agriculture (A), Mobile Home (MH), and Rural Residential (RR) zoning districts as
residential to be consistent with the Comprehensive Plan.
Mr. Doffing referred to a letter in the agenda packet from the Palm Beach County
School Board Planning Director which supports the proposed amendment. It further stipulates
that allowing schools as a permitted use in all zoning districts is preferable to other approval
processes like a conditional use or rezoning and would further public facilities policies B-I.1
which requires expedited review of school sites. Mr. Doffing stated LDR Section 2.4.5(M)(5)
requires the Commission to make a positive finding that the proposed amendment is consistent
with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. Mr. Doffing
stated the Planning and Zoning Staff Report identifies many applicable policies in both the
public facilities school element and the Future Land Use elements of the Comprehensive Plan.
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07/02/02
This includes Public School Facilities Element Policy B-I.1 which calls for expedited review of
development proposals and Public School Facilities Element Policy B-1.4 which allows schools
as a permitted use in all urban residential land use categories. Also, policies in the Future Land
Use Element Objective D-2, Future Land Use Element Policy D-2.2, D-2.3 and Future Land Use
Element Objective D-3 as well as Future Land Use Element Policy D-3.5 which states "Public
educational facilities of the School District of Palm Beach County shall be consistent with all
land use categories..." and Furore Land Use Element Policy D-3.6.
At its meeting of June 17, 2002, the Planning and Zoning Board considered this
amendment and an attorney representing the Coral Trace Homeowners' Association felt the
amendment was not properly advertised and the proposed amendment was too broad and
inconsistent with State Statutes. There was also discussion by a Board member and a resident
who felt the schools should be allowed as a conditional use rather than a permitted use. After
discussion, the Board recommended approval of this amendment on a 3-2 vote (Warner and
Randolph dissenting, Krall and Sowards absent). Staff recommends approval of the LDR
amendment upon positive findings with respect to LDR Section 2.4.5(M)(5).
Mayor Schmidt declared the public heating open.
Henry, Iler, Urban Planner with offices located at 11211 Prosperi~, Farms
Road Ste. #205-B, Palm Beach Gardens~ FL~ stated neither State law, the School Concurrency
Agreement that the City has with thc Palm Beach County School Board nor the Dclray Beach
Comprehensive Plan states that the City is required to adopt public educational facilities as a
permitted or allowable use in all residential areas. Mr. Iler made reference to the Comprehensive
Plan and noted on Page FL-41 under the definitions of low density residential and medium
density residential that only residential uses are permitted. Mr. Ilcr stated this ordinance would
be inconsistent with that particular policy which defines the Future Land Use Map (FLUM).
Also, Mr. Iler stated thc definitions for the FLUM only allow schools in community facility land
use category and feels the ordinance is inconsistent with this as well. Mr. Iler stated Future Land
Use Map Element Policy D-3.6 requires a finding that the proposal is compatible with adjacent
land uses and development patterns and he feels this has not been put forth. Mr. Ilcr read into
the record Objective A-12 of the Housing Element in the Comprehensive Plan which states: "To
assist residents of the City in maintaining and enhancing their neighborhood environment, the
City shall take steps to ensure that modifications in and around thc neighborhood do not lead to
is decline, such as those described in the following policies." Mr. Ilcr stated the proposed
ordinance permits public educational facilities (not just schools), and he feels this will negatively
impact the neighborhoods in Delray Beach.
Cari Podesta~ representing the Coral Trace Homeowners' Association~
thanked the Commission for advertising Ordinance No. 24-02 in the Sun-Sentinel News. Ms.
Podesta stated the Planning and Zoning Report does not indicate that the denial of Ordinance No.
19-02 and commented that the Minutes of the Regular Meeting of June 18, 2002, showed that the
Commission denied Ordinance 19-02 following the competent substantial expert testimony of
Mr. Iler as to why Ordinance No. 19-02 was not consistent with the City's Comprehensive Plan.
Ms. Podesta stated since Ordinance No. 19-02 was denied, it may be reasonably implied from the
denial, that the Commission determined that Ordinance No. 19-02 was not consistent with the
Goals, Objectives, and Policies of the Comprehensive Plan. Furthermore, Ms. Podesta stated if
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07/02/02
the Commission found Ordinance No. 19-02 to be inconsistent with the Comprehensive Plan,
then to the extent that Ordinance No. 24-02 attempts to make the same type of amendments to
the LDR's to allow for public educational facilities in all residential zoning districts, she feels the
Commission should likewise deny Ordinance No. 24-02.
Alice Finst~ 707 Place Tavant~ Delray Beach~ representing the Board of
Directors of the Homeowners' League of Chatelaine, stated she would like to know what the
Commission is going to do to protect her neighborhood. Mrs. Finst stated she understands a
requirement of one acre is required for what can be considered a school. Mrs. Finst expressed
concern over the zoning conditions throughout the City and commented that there are about five
houses per acre. In looking at the plat of her neighborhood, Mrs. Finst stated it could
conceivably be three houses joined together to make one acre and emphasized that this is of great
concern to her. Mrs. Finst commented that so many things could go wrong with the plan in a
residential neighborhood and feels the Commission is not looking far enough ahead to see what
it could potentially do to neighborhoods throughout the City.
Deborah Benneth 137 Seabreeze Avenue~ Delray Beach~ is co-owner of an acre
of land and stated she purchased the land in order to keep the "village by-the-sea" feeling. Mrs.
Bennett expressed concern over the deed restrictions and stated she likes the idea of having some
land around. Mrs. Bennett continued to state that if the Commission approves this ordinance it
will take away the only chance to express opinions as a landowner on what will be done with
their land. Mrs. Bennett stated if there are plans for the land to be taken by eminent domain she
urged the Commission to give the landowners a chance.
Gerry. Franciosa~ 939 Eve Street~ Delray Beach~ stated the people should have a
choice and by having a permitted use they will not have that choice. Mr. Franciosa suggested
that the amendment be sent back to staff for further review to have school locations in certain
residential areas as a conditional use.
John Bennett~ 137 Seabreeze Avenue~ Delra,y Beach~ expressed concern over
one sentence in the ordinance on page 10, Section 14, Paragraph (3) where it reads: "Landscape
Requirement: ..."This perimeter setback area may be decreased to 10' when an outdoor
recreation area is and abuts residentially zoned property." First, Mr. Bennett asked if this means
that SPRAB can do this or does it mean that the School District automatically reduces the
perimeter setback area. Secondly, Mr. Bennett stated if a school is being put in a residentially
zoned area that this setback reduction can occur but if the school happens to be in CF
(Community Facilities) and abuts a residentially zoned area then it can occur. Thirdly and most
significantly, Mr. Bennett stated it does not make sense from the standpoint of being kind to your
neighbors. This outdoor recreation area is where the children play at recess and he feels it would
be more beneficial to increase the buffer rather than reduce it and urged the Commission to
readdress that particular sentence in the ordinance.
There being no one else who wished to address the Commission regarding
Ordinance No. 24-02, the public hearing was closed.
With regard to a concern expressed by Mrs. Finst about someone aggregating
property in the neighborhood, Mr. Perlman asked Mr. Dorling what would be the protections for
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the neighborhood? In response, Mr. Dorling stated the requirements of Section 4.3.3 would
require adequate stacking. Mr. Dorling stated providing a 100 foot drop-off area may or may not
be accomplishable with the aggregation of three houses. Other than that, Mr. Dorling stated
there is really no additional protection.
The City Manager suggested that the City possibly require that schools take their
access from the collector and arterial roadways. Therefore, the City Manager stated someone
could not go in the middle of a neighborhood where ali the streets are local streets and put a
charter school.
Ms. McCarthy asked if Mr. Dorling agrees with Mr. Iler's comments about there
being two inconsistencies. In response, Mr. Dorling stated in the LDR's it talks about making a
finding of consistency with the Comprehensive Plan and particularly addresses that you need not
comply with every goal, objective, and policy and noted that there are certain situations where
the policies will contradict each other. Ms. McCarthy asked if staff mails out notices to the
public if there is going to be a proposed change in a neighborhood. Mr. Dorling stated if it is a
permitted use this would not be required. The City Attorney stated that there would be an
ordinance change and that would be advertised. Mr. Dorling explained staff sends courtesy
notices that are sent to people for any land development processes. Ms. McCarthy commented
about whether a school or educational facility is something that would devalue a piece of
property. Mr. Dorling stated he is not aware of any information that would support her concern.
Ms. McCarthy stated the City has land use compatibility in the LDR's and commented that she
does not agree with the statement expressed by Ms. Podesta regarding educational facilities
going into residential areas. Ms. McCarthy stated the City currently has educational facilities
within our residential areas now and feels it has worked very well, is very effective, and citizens
have been before the Commission requesting that the City approve different charter schools and
the full service center.
The City Manager stated most of the issues that people are particularly concerned
about are really addressed in the site planning process not in the land use approval process.
Mr. Levinson stated he is very pleased with Ordinance No. 24-02.
Mr. Levinson moved to approve on First Reading an amendment to the Land
Development Regulations to add "Public Educational Facilities of The School District of Palm
Beach County" as a permitted use in residential and Community Facilities (CF) zoning districts;
Section 4.3.3 adding supplemental regulations for Public Educational Facilities; modifying the
definition of Residential Zoning Districts; renaming Educational Facilities and clarifying that
Private Schools and Other Similar Educational Facilities are conditional uses in certain
Residential Zoning Districts; and adding "Private Schools and Other Similar Educational
Facilities" as a conditional use in the PRD (Planned Residential Development) zoning district,
based upon a positive finding with LDR Section 2.4.5(M)(5), that the text amendment is
consistent with and furthers the Goals, Objectives and Policies of the City's Comprehensive
Plan, and setting a public heating date of July 16, 2002, all as it pertains to Ordinance No. 24-02,
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.
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07/02/02
10.D. ORDINANCE NO. 26-02 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending the Land Development Regulations Section 3.1.1(B) and Section
2.4.3(A)(9) to add public school concurrency as a required finding and to modify submission
requirements. Prior to consideration of passage of this ordinance on First Reading/First Public
Hearing a public hearing has been scheduled to be held at this time. If passed, a second public
hearing will be scheduled for July 16, 2002.
The City Manager presented Ordinance No. 26-02:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING ARTICLE 3.1, "REQUIRED
FINDINGS FOR LAND USE AND LAND DEVELOPMENT
APPLICATIONS", SECTION 3.1.1 (B), "CONCURRENCY", TO
PROVIDE FOR THE IMPLEMENTATION OF THE PUBLIC
SCHOOL CONCURRENCY AMENDMENT; AMENDING
ARTICLE 2.4, "GENERAL PROCEDURES", SECTION
2.4.3(A), "STANDARD APPLICATION ITEMS", PROVIDING
FOR A COMPLETED SCHOOL CONCURRENCY
APPLICATION AS A STANDARD APPLICATION ITEM;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 26-02 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public heating was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated this change involves two
sections those being Section 3.1.1(B) and Section 2.4.3(A)(9). The amendment is being
processed in order to make the necessary changes to the Land Development Regulations to
implement public school concurrency into the development review process. Pursuant to LDR
Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the
amendment is consistent with and furthers the Goals, Objectives, and Policies of the
Comprehensive Plan.
At its meeting of June 17, 2002 the Planning and Zoning Board considered the
request at a public hearing. After review and discussion, the Board voted (5-0) (Sowards and
Krall absent), to recommend approval of the amendments to the LDR Sections 3.1.1(B) and
2.4.3(A)(9) based upon positive findings with LDR Section 2.4.5(M), and that the amendment is
consistent with and furthers the Goals, Objectives, and Policies of the City's Comprehensive
Plan.
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07/02/02
Mayor Schrnidt declared the public hearing open. There being no one who
wished to address the Commission regarding Ordinance No. 26-02, the public hearing was
closed.
Mr. Peflman moved to adopt Ordinance No. 26-02 on First Reading/First Public
Heating, seconded by Mr. Levinson. 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.
11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC-IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
ll.A.
CiW, Manager's response to prior public comments and inquiries.
In response to a prior concern expressed at the June 4th meeting regarding the
Seagate Beach Club leaving chairs on the beach where they might interfere with turtles coming
up on the beach to lay their eggs, the City Manager stated the Seagate Beach Club has been
contacted several times with respect to their chairs on the beach. The City Manager stated each
time they have agreed to comply only to resume non-compliance aRer a short period of time.
Palm Beach County Department of Environmental Protection has also visited the site to express
concern. The Code Enforcement Officer assigned to monitoring turtle issues will be meeting
with the Vice President of Hudson Hotels (owner of the Seagate) shortly to discuss this issue.
The hotel will be officially cited if compliance is not achieved and maintained.
Also, with regard to a complaint expressed at the June 4th meeting, regarding the
condition of the sidewalk along the east side of Coral Trace Boulevard, the City Manager stated
the sidewalk has been inspected and determined that some of the sidewalk had been removed
during the earlier construction work and that has now been replaced. In addition, the City
Manager stated the sidewalk has been cleaned off and overgrowth removed.
With regard to a concern expressed about dust control, the City Manager stated
the City will do its best to keep it under control.
With regard to a concern expressed by Mrs. Cohen about the Lake Ida Road
Project and its landscaping, the City Manager stated staff has informed her that the City is
coordinating the landscape design process. The City Manager stated landscape plans were
prepared by Jerry Turner and Associates and are currently under review by the County for
permitting. The landscaping will be similar to the medians on Lake Ida Road between Swinton
Avenue and Congress Avenue although some of the ground covers have changed. Furthermore,
the City Manager stated there are no renderings available. However, the landscape plans are
available in the City Horticulturist office for inspection by the public.
With regard to a complaint about the signage at the Snappy Turtle located at 1115
East Atlantic Avenue, the City Manager stated the store is currently using window signage which
appears to be a temporary situation. The City Manager stated there is no requirement that a
business must erect a permanent sign by any certain date. The City Manager continued to state
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07/02/02
that there is an approved standard sign package for the building they are in and when the tenant
decides to apply for signage they will be required to adhere to those standards.
ll.B.
From the Public.
ll.B. 1. Gerry. Franciosa~ 939 Eve Street~ Delray Beach~ commented that to his
understanding Item 11.B. (Comments and Inquires on Non-Agenda Items from the Public) on the
City Commission Agenda is intended to be an avenue for residents to express their opinions on
various topics and issues concerning the City. Mr. Franciosa commented about the visible
display of rudeness by some Commissioners during the public speaking portion of a recent
meeting. Mr. Franciosa continued to comment about the four page newsletter from State
Representative Bill Andrews detailing the reasons not to relocate Atlantic High School to the
Tate Property. Mr. Franciosa stated that controversial issues will bring people forward to voice
their opinions and he feels it is the responsibility of elected officials to react in an effective and
factual manner to criticism. Mr. Franciosa stated thc primary issue for City residents for the high
school relocation is fiscal responsibility and proper planning and feels all residents have a right
to decide upon whether their tax dollars are being spent wisely. Therefore, Mr. Franciosa
proposed to the Commission that the City initiate a Referendum for the November ballot
regarding the relocation of Atlantic High School and thus let the residents decide.
11.B.2. Alice Finst~ 707 Place Tavant~ Delra¥ Beach~ commented that it is difficult to
hear what is being said and urged the Commission to look into the sound system.
Mrs. Finst thanked the Commission for the invitation to the SW/NW Community
Plan Workshops. Mrs. Finst stated she was particularly interested in what people from other
communities had to say which were similar to the concerns in her community. Mrs. Finst stated
things that were brought up in discussions not only at this meeting but at other meetings were the
issues of overcrowding, excess parking on streets, blocking streets, parking on lawns, dog and
animal control. Mrs. Finst stated she hopes that the Commission will take this information
during the budget planning and include these in items of discussion for funding for the next fiscal
year.
ll.B.3. John Benne~ 137 Seabreeze Avenue~ Delray Beach~ distributed an invitation
to the Commission for the American Legion Post 65 Four Man Scramble Golf Tournament in
August to benefit the Children in Youth USA.
Secondly, Mr. Bennett commented about a correction mn by the Sun-Sentinel
regarding certain remarks attributed by his wife and distributed copies to the Commission of this
correction.
Lastly, Mr. Bennett commended the entire staffin the City Clerk's office for their
outstanding customer service. He personally thanked each employee calling each one by name.
In addition, Mr. Bennett stated the staff is always polite and feels the City is quite fortunate to
have these individuals for employees.
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07/02/02
ll.B.4. Jill Denio~ 308 Coral Trace Court~ Delra.y Beach~ commented that she attended
a recent School Board Meeting and stated she is appalled at how the School Board operates. Ms.
Denio expressed concern over the Atlantic High School relocation and stated the City will end
up being over budget, there will be increased traffic, and that there will be no new auditorium or
football stadium built.
ll.B.5. Kevin Warner~ 248 Venetian Drive, Delray Beach~ stated in February he sent
an email to one of thc Commissioner's regarding a School Board Meeting and has not heard a
response. Subsequently, Mr. Warner stated that an individual sent an email to the City Manager
with a copy of his email (Mr. Warner read the email into the record). Furthermore, Mr. Warner
stated he sent a letter to the Commissioner stating that the accusation is wrong and hurtful and
requested an apology. In addition, Mr. Warner stated he sent copies of the letter to the rest of the
Commission and has confirmation that these letters have been received. Mr. Warner stated as of
this date he has not received any response and encouraged the Commission to acknowledge that
this was inappropriate behavior from a colleague.
ll.B.6. Judy Price, 250 N.E. 16th Street~ Delray Beach, expressed concern over Mr.
Wamer's comments and asked if this is the way the Commission is going to act if someone
makes this type of allegation against one of their fellow colleagues?
ll.B.7. Candy Kiilian, 642 Riviera Drive, Deiray Beach, expressed concern over how
one municipality with one high school can warrant two football stadiums and two 680 seat
auditoriums. Ms. Killian stated she would like to know as a parent of a student and for future
students of Atlantic High School, if the students will have an auditorium and a football stadium
at the Tare site equal to what currently exists at Atlantic High School.
The City Manager responded to Ms. Killian stating all the plans given to the City
of Delray Beach by the School District staff include a stadium and an auditorium. Furthermore,
the City Manager stated the City has been assured verbally that the school will include a stadium
and an auditorium.
ll.B.8. Deborah Bennett, 137 Seabreeze Avenue~ Delray Beach, stated the City has
spoken very strongly about the need for a middle school and asked why this was not guaranteed
in the Interlocal Agreement?
At this point, the time being 8:00 p.m., the Commission moved to Item 12, First
Readings.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 25-02: An ordinance amending the Future Land Use Map
Amendment (Small-Scale) from CMR (Commerce) in part and GC (General Commercial) in part
to CMR (Commerce) and rezoning from MIC (Mixed Industrial and Commercial) in part and GC
(General Commercial) in part to MIC (Mixed Industrial and Commercial) for a 1.80 acre parcel
of land located at the northwest comer of West Atlantic Avenue and Interstate-95 known as
Depot Square Historic Site (former train station - 80 Depot Avenue). If passed, a public hearing
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O7/02/02
will be scheduled for July 16, 2002.
The caption of Ordinance No. 25-02 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
FUTURE LAND USE MAP DESIGNATION AS
CONTAINED IN THE COMPREHENSIVE PLAN FROM
CMR (COMMERCE) IN PART AND GC (GENERAL
COMMERCIAL) IN PART TO CMR (COMMERCE)
ELECTING TO PROCEED UNDER THE SINGLE HEARING
ADOPTION PROCESS FOR SMALL SCALE LAND USE
PLAN AMENDMENTS; AND REZONING AND PLACING
LAND PRESENTLY ZONED GC (GENERAL
COMMERCIAL) DISTRICT AND MIC (MIXED
INDUSTRIAL AND COMMERCIAL) DISTRICT TO MIC
(MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT;
SAID LAND BEING A PARCEL OF LAND LOCATED ON
THE NORTHWEST CORNER OF WEST ATLANTIC
AVENUE AND INTERSTATE-95 (FORMER TRAIN
STATION DEPOT), AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, FEBRUARY, 2002";
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 25-02 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance and stated this will be as a
quasi-judicial heating with respect to the zoning aspects at the meeting of July 16, 2002.
Paul Dorling, Director of Planning and Zoning, stated the 1.08 acre property
contains the train depot constructed in 1986 and has been used as an office for an interior
decorator and furniture repair business.
A companion Conditional Use application has been submitted to use the northern
portion of the building as a monument and ornamental stone cutting and polishing business. As
the stone cutting use is not a use allowed under the current commercial Future Land Use Map
(FLUM) and Zoning categories, the applicant has sought a change.
At its meeting of June 17, 2002, the Planning and Zoning Board held a public
hearing and after discussing the proposal, the Board unanimously voted to recommend approval
of the FLUM and Rezoning changes based on positive findings with respect to Future Land Use
Element Policy A-1.7 of the Comprehensive Plan (FLUM) Amendment Findings), LDR Section
3.1.1 (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals,
Objectives, and Policies of the Comprehensive Plan.
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07/02/02
Mrs. Archer commented about the stone cutting monument business in close
proximity to 1-95 will be clearly visible from the highway and asked if there will be appropriate
screening. In response, Mr. Dorling stated that use is only allowed as a conditional use and as
part of that review screening will be an issue. Mr. Dorling continued to state that this has been
identified to the applicant and also went before the Historic Preservation Board for a
recommendation. The Board had some concern over the outdoor storage and will be the site
planning organization that will deal with the screening. Mr. Dorling stated through the
conditional use process the height can be limited to that which can be appropriately screened.
Mr. Levinson moved to approve Ordinance No. 25-02 on FIRST Reading,
seconded by Mrs. Archer. 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.
12.B. ORDINANCE NO. 27-02: An ordinance designating the S.E. O'Neal House
located at 910 N.E. 2nd Avenue to the local register of Historic Places. If passed, a public
hearing will be scheduled for July 16, 2002.
The caption of Ordinance No. 27-02 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, DESIGNATING
THE O~NEAL HOUSE, LOCATED AT 910 N.E. 2ND
AVENUE, AS MORE PARTICULARLY DESCRIBED
HEREIN, AS A LOCAL HISTORIC SITE TO BE LISTED IN
THE LOCAL REGISTER OF HISTORIC PLACES;
PROVIDING FOR THE AMENDMENT OF THE "ZONING
MAP OF DELRAY BEACH, FLORIDA, 2002" TO SHOW
THE HISTORIC DESIGNATION IN AN OVERLAY
MANNER; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 27-02 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated the proposed designation is
for Lots 1-3, 28 & 29, Block 10 of the Dell Park subdivision, which consists of a lot with a single
family residence in the center of the property with vacant lots on either side. Mr. Dorling stated
it is a 1926 structure of Mediterranean-Revival style. The structure is outside the boundaries of
the five historic districts and the residence is unique and would be a good addition to the Local
Register Places as an individually listed property.
At its meeting of June 19, 2002, the Board unanimously (7-0) recommended
approval to list the O'Neal House in the Local Register of Historic Places. Mr. Dorling stated if
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07/02/02
approved, the applicant proposes to seek waivers through the Historic Preservation Board to
construct two single family homes on each side of the structure.
Mr. Perlman moved to approve Ordinance No. 27-02 on FIRST Reading,
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.
12.C. ORDINANCE NO. 28-02: An ordinance amending Ordinance No. 70-89,
regarding 615 North Ocean Boulevard, to increase the maximum floor area from 2,400 square
feet to 2,650 square feet for the enclosure of a 250 square foot porch. If passed, a public hearing
will be scheduled for July 16, 2002.
The caption of Ordinance No. 28-02 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
ORDINANCE NO. 70-89 BY AMENDING SECTION 2,
"REQUIREMENT OF DESIGNATION" TO INCREASE THE
MAXIMUM FLOOR AREA FROM 2,400 SQUARE FEET TO
2,650 SQUARE FEET FOR THE DWELLING UNIT WHICH
LIES EAST OF STATE ROAD A-1-A (615 N. OCEAN
BOULEVARD); PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 28-02 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated the ordinance relates to The
Fox Fontaine historic designation which contains approximately 2.5 acres of land and consists of
Lots 1, 2 and 3 of the Palm Beach Shore Acre plat. Lots 2 and 3 are on the west side of A-1-A
and have been the focus of recent activity by the City Commission. Lot 1 is located on the east
side of A-1-A and contains a modem 2,400 square foot home which was constructed in 1992.
The ordinance limited this home to a maximum of 2,400 square feet and the applicant now
wishes to enclose an existing porch increasing the square footage by 250 square feet for a total of
2,650 square feet.
At its meeting of June 19, 2002, the Historic Preservation Board considered the
request and unanimously recommended approval (7-0) to increase the square footage of the
building from 2,400 square feet to 2,650 square feet. There was no public comment regarding
this project and two letters of support by owners of neighboring property were read into the
record. Staff supports the Board's recommendation to amend Ordinance No. 70-89 to increase
the gross floor area from 2,400 to 2,650 square feet.
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07/02/02
Mrs. Archer asked if the home was sold or demolished, could a developer rebuild
another house with maximum square footage being a total of 2,650. Mr. Dorling explained that
the change will be specific from 2,400 to 2,650 and therefore during further modification of the
ordinance it would allow a 2,650 square foot house.
Mr. Levinson moved to approve Ordinance No. 28-02 on FIRST Reading,
seconded by Ms. McCarthy. 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.
12.D. ORDINANCE NO. 29-02: An ordinance amending Ordinance No. 9-95, which
designated the Susan Williams House, to modify the description and address of the property. If
passed, a public hearing will be scheduled for July 16, 2002.
The caption of Ordinance No. 29-02 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
ORDINANCE NO. 9-95 BY AMENDING THE CAPTION,
THE THIRD "WHEREAS" CLAUSE AND SECTION 1 TO
CORRECT THE PROPERTY DESCRIPTION AND
ADDRESS; PROVIDING FOR THE AMENDMENT OF THE
"ZONING MAP OF DELRAY BEACH, FLORIDA, 2002" TO
SHOW THE HISTORIC DESIGNATION IN AN OVERLAY
MANNER; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 29-02 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
The Susan Williams House historic designation was previously applied to the
house located at 30 N.W. 3~a Avenue on Lots 5 & 6 of Block 36. The structure has been moved
to 154 N.W. 5th Avenue just south of the Spady Museum. The ordinance currently lists the old
address and legal description and this change will be amended to update the property address and
legal description.
At its meeting of June 19, 2002 the Historic Preservation Board unanimously
recommended approval (7-0) of the amendment to Ordinance No. 9-95. Staff also recommends
approval of the modification to Ordinance No. 9-95.
Mrs. Archer moved to approve Ordinance No. 29-02 on FIRST Reading,
seconded by Ms. McCarthy. 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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07/02/02
12.E. ORDINANCE NO. 30-02: An ordinance amending Chapter 35, "Employee
Policies and Benefits", Subheading "Retirement Plan" of the City Code of Ordinances by
amending Sections 35.097(J) and 35.097(L)(2)(B) to comply with the recent Internal Revenue
Code requirements and Florida Statutes. If passed, a public hearing will be scheduled for July
16, 2002.
The caption of Ordinance No. 30-02 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35,
"EMPLOYEES POLICIES AND BENEFITS", SUBHEADING
"RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING
SECTION 35.097(J), "MAXIMUM PENSION", REVISING THE
LIMITATIONS ON MAXIMUM PENSION BENEFITS TO
CONFORM TO SECTION 415 OF THE INTERNAL REVENUE
CODE; AMENDING SECTION 35.097(L)(2)(B), "ELIGIBLE
RETIREMENT PLAN," PROVIDING ADDITIONAL ELIGIBLE
PLANS FOR ROLLOVER; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE,
AND PROVIDING AN EFFECTIVE DATE.
(The official copy of Ordinance No. 30-02 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Mrs. Archer moved to approve Ordinance No. 30-02 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.
At this point, the Commission moved to Item 13, Comments and Inquiries on
Non-Agenda Items.
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.
Comments and Inquiries on Non-Agenda Items.
13.A. Ci.ty Manager.
With regard to the late invitations to the Haitian Day, the City Manager stated
these invitations were hand delivered to the City Manager's office on Thursday afternoon.
Realizing the event was being held the following evening, the Park Ranger made a special
delivery to the Commission that evening otherwise it would have been too late if it went in the
Commission mail packets on Friday. The person who delivered the invitations was very
apologetic about the lateness of getting invitations to the Commission. The City Manager stated
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07/02/02
there are numerous occasions when invitations are received very late and if it is time sensitive,
the invitation is faxed out. The City Manager stated the City will try and alert people ahead of
time that if they want Commissioners to attend they need to indicate this early on.
The City Manager stated the first resident moved out of Breezy Ridge Estates and
relocated to another home in close proximity within the City. The City Manager stated this
resident actually paid less for the new home than what they received for the house they sold to
the City and commented they are very happy.
With regard to the 125 Plan, the City Manager stated the City will save money
because anything that goes into this plan is pre-taxed and therefore the City does not have to pay
Social Security taxes. The City Manager stated the level of participation is unknown at this
point.
13.B. Ci.ty Attorney.
The City Attomey had no comments or inquiries on non-agenda items.
13.C.
13.C.1.
Ci~. Commission.
Commissioner Archer
Mrs. Archer stated at the last MPO Meeting, she received information that they
will have applications available for bus shelter grants probably in the month of August.
Secondly, Mrs. Archer commented she is glad to have been able to attend this
meeting today because at the prior Commission Meeting she stated that she may not be here.
Mrs. Archer noted that she will be leaving tomorrow morning to go out of town and does not
expect to return until July 12th and therefore will miss the Workshop Meeting of July 9, 2002.
13.C.2.
Commissioner Perlman
Mr. Perlman stated he is happy to see that the property values have increased at
such a healthy pace and that the City of Delray has exceeded some of the neighboring cities. He
feels this goes beyond economic trends and is a testament to the work that has been done by the
City staff over the past decade.
Secondly, Mr. Perlman stated he had the opportunity to meet with Langton and
Associates who were in town for Palm Beach County. Mr. Perlman stated he had brief
discussion with Lisa King, Langton and Associates, regarding how they could be used to
leverage what is happening with the Downtown Master Plan and what is being created in the
Southwest Plan. Mr. Perlman stated she lef/with a list of ideas and implied that there is a
window now for some of the larger ticket transportation items (i.e. one-way pairs and some of
the suggestions on Federal Highway). Mr. Perlman stated she suggested going the Federal route
and she will contact Congressman Shaw's staff in Washington to see if there are things in the
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07/02/02
plan that Congressman Shaw may be able to tuck into an appropriations because the window is
closing rapidly.
Mr. Perlman stated he concurs with a comment expressed by Mr. Franciosa
regarding the Commission responding with facts and commented about Representative Andrews'
newsletter. Mr. Perlman stated he is proud of the Commission's decision for a new high school
and is very confident that a middle school is needed, that soccer fields are important, and
providing recreation for kids is a critical function the City provides. For the record, Mr. Perlman
stated he does not see a need for a referendum because he feels the last election in March became
a referendum regarding the relocation of Atlantic High School.
13.C.3.
Mayor Schmidt
Mayor Schmidt concurred with Mr. Perlman's comment about there not being a
need for a referendum. Mayor Schmidt stated at the last few meetings he finds it disturbing to
see residents wrapping themselves in the First Amendment thinking they can say anything to a
public official and not have to worry about possible repercussions or whether or not such speech
is permitted under the Constitution and the First Amendment. For example, Mayor Schmidt
stated that a false accusation made with malice is liable for slander depending on how it is
published. Mayor Schmidt stated he is upset over some of the comments that have been made
especially since people have been asked repeatedly to show information that supports these
accusations and they come forward with nothing.
Mayor Schmidt stated if Mr. Warner feels a certain amount of decorum needs to
be present on the Commission then Mayor Schmidt commented that this also should go down to
the Board level. Mayor Schmidt stated he is still waiting for an apology from Mr. Warner for his
actions at the Atlantic High School meeting.
13.C.4.
Commissioner McCarthy
Ms. McCarthy had no comments or inquiries on non-agenda items.
13.C.5.
Commissioner Levinson
Mr. Levinson stated he is pleased to see that there will be a Skate Board Park
Meeting and inquired as to how these flyers are being distributed.
Mr. Levinson stated the Gulf Stream Council Boy Scouts of America held an
Award Luncheon honoring the City Manager and complimented him for receiving the 2002
Delray Beach Distinguished Citizen Award. Mr. Levinson apologized for not being able to
attend the luncheon because he was Chairing the Leadership Florida Annual Meeting. He
publicly thanked the Downtown Joint Venture staff and stated seven restaurants along Atlantic
Avenue hosted cocktail receptions (free of charge) for the classes and commented it was
spectacular. In addition, Mr. Levinson stated there was a scavenger hunt held for the members
of the Leadership Florida class and approximately ninety forms were turned in and a weekend
away at a hotel for the winter was awarded to the winner.
-30-
07/02/02
With regard to Nancy Davila's comments about the Project Shade Tree, Mr.
Levinson stated he feels it would be great if something like this could be done and suggested that
Mrs. Finst assist staff in identifying how the program could be better.
With regard to the School Board Meeting, Mr. Levinson stated the middle school
is on the 6 through 10-year Capital Plan. Although the School Board was in a cash crunch for
the 2003 fiscal year, the tax increase has helped them mitigate that. Therefore, Mr. Levinson
stated the deferral (not the elimination) of the four auditoriums and the stadiums has now been
put back on track into 2003 fiscal year. Those schools that do not have them will be getting them
in the order of the way in which they were built. Mr. Levinson stated other schools Triple L
(West Boca) and Triple E (West Boynton) will get auditoriums and ball fields.
Lastly, Mr. Levinson stated he attended the League of Cities Meeting and stated
they are very anxious to get everyone to attend particularly because it is at the Boca Hotel this
year and hopes everyone will be able to attend.
Mr. Levinson stated and Frank Wheat chaired his last meeting for the Downtown
Development Authority (DDA). Mr. Levinson stated the new appointees were very appreciative
and focused on the new downtown branding. Mr. Levinson commented that this is very exciting
and will ultimately benefit the entire City and is not just a downtown branding effort.
At this point the time being 8:25 p.m., Mayor Schmidt adjourned the Regular
Meeting to Item 14, Closed Attorney/Client Session.
14. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011 (8) re: the
case of Gayle Nye vs. the City of Delray Beach.
Attendees:
Mayor David Schmidt
Commissioner Pat Archer
Commissioner Alberta McCarthy
Commissioner Jeff Perlman
Commissioner Jon Levinson
City Manager David Harden
City Attorney Susan Ruby
A certified court reporter
Purpose:
Discuss settlement negotiations and strategy related to litigation
expenditures in the above case.
Mayor Schmidt read the following statement for the record: "The City has
scheduled a closed attorney-client session pursuant to Florida Statutes 286.011 (8) regarding the
Gayle Nye v. City of Delray Beach case (Case No. CL 00-10795-AE). The estimated length of
the closed session shall be 15 minutes. The following persons will be attending: Mayor David
W. Schmidt, Commissioners Pat Archer, Alberta McCarthy, JeffPerlman and Jon Levinson, City
Manager David Harden, City Attorney Susan Ruby, and a certified court reporter."
-31-
07/02/02
At this point, the time being 8:40 p.m., Mayor Schmidt reconvened the Regular
Meeting and announced that the Closed Attorney/Client Session was terminated.
15. SETTLEMENT OF NYE V. CITY OF DELRAY BEACH: Consider
settlement of the referenced matter.
Mr. Perlman moved to settle for the terms outlined in the case of Nye v. the City
of Delray Beach and authorize the City Manager to sign the settlement agreement, seconded by
Mrs. Archer. Upon roll call the Commission voted as follows: Said motion passed with a 5 to
0 vote.
There being no further business, Mayor Schmidt declared the meeting adjourned
at 8:45 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 July 2, 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 some amendments, additions or deletions to the Minutes
as set forth above.
-32-
07/02/02
£1TY aF DELARY BER£H
DELRAY BEACH
1993
2001
100 N.W. lstAVENUE DELRAYBEACH, FLORIDA 33444 561/243-7000
MEMORANDUM
TO:
David Harden
City Manager
FROM:
Joe Weldon
Director of Parks and Recreation
SUBJECT: Receiving 2 F.R.D.A.P. Grant Checks
DATE: July 3, 2002
We have been advised by the Department of Environmental Protection that
we have been awarded two F.R.D.A.P. grants, one for $50,000 for
playground equipment at Barwick Park, and one for $107,250 for tennis
courts at Catherine Strong Center. We are not required to match for the
playground equipment since it is a 100% grant. Our match for the tennis
courts is $35,750.00 (25%) for a total of $143,000.00. Representative
Anne Gannon would like to present the checks at the City Commission
meeting on July 16, 2002 at 6:00 PM.
irecuor o~ Parks and Recreation
Attachment
cc: Chevelle Nubin
Agenda Coordinator
JW:cp
Ref:agfrdap$
THE EFFORT ALWAYS MATTERS
Date: July 2, 2002
AGENDA ITEM NUMBER:
AGENDA REQUEST
(if applicable)
Funding Available: Yes / No Initials:
Account Number
Description
Account Balance:
Funding Alternatives:
City Manager Review:
Approved for Agenda: e~/No Initials: ~
Hold Until:
Agenda Coordinator Review:
Received:
Request to be placed on:
Consent Agenda x Regular Agenda Workshop Agenda Special Agenda
When: July 16, 2002
Description of Agenda Item (who, what, where, how much): Request approval
to receive two ceremonial grant checks from F.R.D.A.P. to be presented by
Representative Anne Gannon. One check is in the amount of $50,000 for playground
equipment at Barwick Park; the other is in the amount of $107,250 for tennis
courts at Catherine Strong Center.
Department Hea~,_~ ~..~ .~~_,/
Signature:
City Attorney Revi~w/Recomrnendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDE~.~,__M A~
PAUL DORLING,'DIRECTORrOF I~I.~NNiNG AND ZONING
,4
NGUYEN TRAN, SENIOR PLAI~ '~
MEETING OF JULY 16, 2002 *CONSENT AGENDA*
ABANDONMENT OF A PORTION OF ROYAL PALM BOULEVARD, LOCATED ON
THE EAST SIDE OF NORTH FEDERAL HIGHWAY (U.S. 1), APPROXIMATELY 3,600
FT. SOUTH OF GULF STREAM BOULEVARD, IN CONJUNCTION WITH OLD PALM
GROVE DEVELOPMENT.
The request involves abandoning a 553' x 60' rectangular shaped parcel, containing approximately 27,501
square feet (0.63 acre). The parcel represents the remaining public portion of Royal Palm Boulevard right-of-
way. Royal Palm Boulevard east of the proposed abandonment area (the northerly projection of Lot 11, Block B,
Plat No. 3 of Royal Palm Gardens), has been abandoned and incorporated into the plat of "Estuary Ir' as a
private roadway in February of 2002.
The abandonment of right-of-way request was submitted by New Urban/RFC Developers, LLC. The applicant
intends to paver brick the abandonment area and use the road as access for a proposed residential development
called Old Palm Grove Village, which recently received Master Plan Approval. Currently, the subject parcel is
improved and functions as a public road. The City's Environmental Services Department and Florida Power &
Light have identified facilities within the subject area. A utility easement and ingress/egress easement will be
retained over the entire abandonment area.
At the City Commission Meeting of March 19, 2002, Resolution No. 26-02 was approved which finalized the
Royal Palm Boulevard Special Assessment District. This special assessment district was created in order to
share the cost for recently constructed improvements to Royal Palm Boulevard between the City of Delray
Beach, the Community Redevelopment Agency, and the adjacent property owners (The Estuary, Estuary II, and
New Urban/RFC Developers).
The DSMG (Department Services Management Group) considered the abandonment at its May 2, 2002 meeting
and discussed the appropriateness of abandonment given the recent expenditure of $34,314.00 by the City on
this improvement. The Community Redevelopment Agency (CRA) considered the abandonment at its May 23,
2002 meeting and discussed the appropriateness of abandonment given the recent expenditure of $30,138.00
by the CRA on this improvement.
The applicant is aware of the concerns of both the DSMG and the CRA with respect to the amount of public
money recently invested in this roadway. The applicant has offered to reimburse the City and the CRA for those
amounts.
At its meeting of May 20, 2002, the Planning and Zoning Board considered the request at a public hearing.
There was no public comment concerning this item. After reviewing the staff report and further discussion, the
Board voted 5-0 to recommend approval subject to conditions.
By motion, approve the abandonment of the remaining portion of Royal Palm Boulevard right-of-way and reserve
a utility and ingress/egress easement over the entire abandonment area based upon positive findings with
respect to LDR Section 2.4.6(0)(5).
Attachments: · Abandonment Resolution
· Planning & Zoning Staff Report of May 20, 2002
S:\ P&Z~boards~citycommission\Royal Palm Blvd -Aban-CCDoc.doc
RESOLUTION NO. 55-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF ROYAL PALM
BOULEVARD RIGHT-OF-WAY, LYING EAST OF FEDERAL
HIGHWAY, AS MORE PARTICULARLY DESCRIBED
HEREIN, BUT RESERVING AND RETAINING TO THE CITY
A UTILITY EASEMENT AND AN INGRESS/EGRESS
EASEMENT FOR PUBLIC ACCESS OVER THE ENTIRE
AREA THEREOF, AS MORE PARTICULARLY DESCRIBED
HEREIN.
WHEREAS, the C~ty of Delray Beach, Florida, received an application for
abandonment of a portion of Royal Palm Boulevard Right-of-Way, as more pamcularly described
herein (See Exhibit "A"); and
WHEREAS, said application for abandonment of a general pubhc right-of-way was
processed pursuant to Section 2.4.6(O), "Abandonment of Rights-Of-Way", of the Land
Devdopment Regulauons of the City of De[ray Beach; and
WHEREAS, pursuant to LDR Secuon 2.4.6(O)(3)(e), the Planning and Zoning
Board, as Local Planning Agency, formally reviewed the matter at a public hearing on May 20, 2002,
and voted 5-0 to recommend approval of the abandonment, based upon positive findings w/th
respect to LDR Section 2.4.6(O)(5), and subject to the condiuon that a general uulity easement and
an ingress/egress easement for the general pubhc be retained over the entire area; and
WHEREAS, the City Commission of the C~ty of Delray Beach, Florida, £mds that
its interest m the described property is no longer needed for the public good and deems ~t to be m
the best interest of the C~ty of Delray Beach to vacate and abandon said right-of-way, based upon
positive findings pursuant to LDR Section 2.4.6(0)(5), but does not abandon and retains and
reserves unto ~tself a uuhty easement over the entire area thereof, as more particularly described
herein, for the purpose of emergency access and constructing and/or maintaining, either over or
under the surface poles, wires, p~pes, sewers, drainage facilities, or any other fac~hues used for
various pubhc uuhfies whether owned by the City or private corporattons as well as an
ingress/egress easement over the entire area thereof, as more particularly described herein, for
general public access.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
RES. NO. 55-02
Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida
Statutes, it is hereby determined by the Dekay Beach City Comrmsslon to vacate and abandon all
right and interest it holds to the following real property for right-of-way purposes only, but does not
abandon and retains and reserves unto itself a utility easement over the entire area thereof, for the
purpose of emergency access and constructing and/or maintaining, either over or under, the surface
poles, w~res, pipes, sewers, drainage faciliues, or any other facilines used for various pubhc utilities
whether owned by the C~ty or private corporations, as well as an regress/egress easement for access
by the general public over the entire area thereof, more particularly described as follows:
See Exhibit "A"
2002.
PASSED AND ADOPTED in regular session on tins the __ day of
ATTEST:
MAYOR
City Clerk
2
RES. NO. 55-02
Exhibit "A"
A portion of Royal Palm Boulevard lying west of the northerly projection of the east
line of lot 11, block B, according to the plat of "Plat No. 3, Royal Palm Gardens" as
recorded m plat book 21 at page 57 of the pubhc records of Palm Beach County,
Florida, being more particularly described as follows:
Beginning at the northeast comer of lot 11 m block "B" of said plat: thence due west
(basis of bearings) along the south right of way of said Royal Palm Boulevard 553.75
feet to the east right of way of Federal H~ghway (State Road No. 5): thence north
8°29'00'' east along said right of way of Federal Highway, 50.55 feet to the southwest
comer of lot 3 in Block "A" of said plat and the north right of way of said Royal
Palm Boulevard: thence due east along the north right of way of said Royal Palm
Boulevard 546.29 feet: thence due south 50.0 feet to the point of beginning.
Said lands situate, lying and being m Palm Beach County, Florida and contaimng
27,501 square feet more or less.
RES. NO. 55-02
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
May 20, 2002
IV.J.
Abandonment of a Remaining 550' Portion of Royal Palm Boulevard,
Located on The East Side of North Federal Highway (U.S. 1), Approximately
Halfway Between Gulf Stream Boulevard and George Bush Boulevard (N.E.
8~ Street).
GENERAL DATA:
Owner ................................... General Public
Agent/Applicant ....................... New Urban / RFC
Developers, LLC.
Location ...................................... Royal Palm Boulevard
right-of-way
Property Size .............................. 0.63 Acre
Adjacent Zoning ................ North: RM (Multiple Family
Residential-Medium
Density) & PRD
East: RM
South: PRD
West: GC (General Commercial)
Existing Land Use ...................... Improved right-of-way
Proposed Land Use .................... Abandonment of the
remaining portion of Royal
Palm Boulevard to be
incorporated as part of Old
Palm Grove Village
Development.
Water Service ............................. N/A
Sewer Service ............................. N/A
IV.J.
The item before the Board is that of making a recommendation to the City
Commission on the proposed abandonment of a 553' x 50' portion of Royal
Palm Boulevard, located on the east side of North Federal Highway (U.S. 1),
approximately 3,600 feet south of Gulf Stream Boulevard.
This right-of-way abandonment is being processed pursuant to LDR Section
2.4.6(0), Abandonment of Rights-of-Way.
The subject parcel is located on the east side of North Federal Highway (U.S. 1),
approximately halfway between Gulf Stream Boulevard and George Bush
Boulevard (N.E. 8th Street). Royal Palm Boulevard was dedicated with the
recordation of Plat No. 3, Royal Palm Gardens (Plat Book 21, Page 57, of the
Public Records of Palm Beach County, Florida) in January of 1947.
Currently the subject parcel is improved, and functions as a public road.
Royal Palm Boulevard east of the proposed abandonment area (the northerly
projection of Lot 11, Block B, Plat No. 3 of Royal Palm Gardens), has been
abandoned and incorporated into "The Estuary" and "The Estuary I1"
Development as private roadway access.
Earlier this year, the City Commission adopted Resolution No. 26-02 which
established the Royal Palm Boulevard Special Assessment District. The Royal
Palm Special Assessment District was created in order to share the cost for
Royal Palm Boulevard street improvements between the City of Delray Beach,
The Community Redevelopment Agency (CRA), and the adjacent property
owners. The total cost for the street improvement was $124,728.00. The CRA
contributed $30,138.00, the adjacent property owners (Estuary II and The
Estuary Development) contributed $60,276.00 and the City of Delray Beach
contributed the remainder of the cost.
The subject area is a 553' x 50' rectangular shaped parcel, containing 27,501
square feet (0.63 acre). The parcel represents the remaining public portion of
Royal Palm Boulevard right-of-way.
The abandonment of right-of-way request was submitted by New Urban/RFC
Developers, LLC. The applicant intends to incorporate the abandonment area
into a proposed residential development consisting of single family homes and
townhouse units called Old Palm Grove Village which is currently under review
for Site Plan Approval.
Planning and Zoning Board Staff Report
Royal Palm Boulevard Abandonment
Page 2
Pursuant to LDR Section 2.4.6(O)(1), public right-of-way may be abandoned
(returned) to the adjacent property to the same degree in which it was originally
obtained (i.e. property dedicated exclusively from a single parcel shall be
returned to that parcel; property dedicated through subdivision shall be divided at
the center line and returned equally to abutting parcels).
The proposed abandonment portion of Royal Palm Boulevard is directly abutting
Lots 3 through 11, Block A; Lots 8 through 11, Block B and Lot 25, Block B of
Plat No. 3, Royal Palm Gardens. By vacating this right-of-way, all lots mentioned
previously are entitled to one half of this parcel divided equally at the center line.
The applicant is entitled to the majority of the abandonment area with the
exception of the area south of Lots 6 through 11, Block A. This one half portion
of the abandonment area (25' x 300') will be returned to the "Estuary I1"
development property owners to the north.
Since the applicant is seeking the entire abandonment area to incorporate it into
the proposed Old Palm Grove Village Development, an agreement to purchase
the property from the owners of the Estuary II will have to be executed.
Utility Services
The Environmental Services Department (ESD) has identified water & sewer
facilities in the subject area. ESD has requested a replacement utility easement,
to cover existing and planned facilities.
Florida Power & Light (FP&L) has identified existing poles and street light
facilities along the north right-of-way of Royal Palm Boulevard. FP&L has
requested a 10' wide easement be provided over their existing facilities.
Adelphia, BellSouth and Florida Public Utilities Company have reviewed the
proposed abandonment and have no objection.
Pursuant to LDR Section 2.4.6(0)(5), prior to any right-of-way abandonment
being approved, the following findings must be made:
A) That there is not, nor will there be a need for the use of the right-of-way
for any public purpose.
Royal Palm Boulevard is a dead end road, with its western terminus being
North Federal Highway (U.S. 1) and its eastern limit being the private roads
within the Estuary II townhouse development. Currently, Royal Palm
Boulevard functions as public access to a private road. Once Old Palm
Grove Village Development is constructed, the subject parcel will be
Planning and Zoning Board Staff Report
Royal Palm Boulevard Abandonment
Page 3
surrounded by private development and as long as access rights for the
private property owner across the abandonment area are retained through an
ingress/egress easement, there will not be public need for the roadway.
B) That the abandonment does not, nor will not, prevent access to a lot of
record.
The City will require the dedication of an ingress/egress easement over the
entire abandonment area as a condition of approval. The abandonment will
not prevent access to any parcel as long as this ingress/egress easement is
dedicated.
C) That the abandonment will not result in a detriment to the provision of
access and/or utility services to adjacent properties or the general area.
All utilities currently located in the subject area will remain as they exist. As a
condition of approval a utility easement over the entire abandonment area will
be retained for maintenance and improvement purposes.
The abandonment proposal is not within the geographical area requiring review
by H.P.B. (Historic Preservation Board), or the D.D.A. (Downtown Development
Authority).
The abandonment proposal is within the C.R.A. (Community Redevelopment
Agency) geographical area and is scheduled for the next CRA Board Meeting to
be held on May 23, 2002. Discussion will be held as to whether the CRA would
like to be reimbursed for their portion of Royal Palm Boulevard road construction.
The DSMG (Department Services Management Group) considered the
abandonment at its May 2, 2002 meeting. The City's Share of the improvement
was discussed. It was the consensus that the applicant reimburse the City for
the amount expended on the actual road improvements ($34,314.00). As the
City is to retain ownership of the other infrastructures (utilities), no
reimbursement will be required for these improvements. The DSMG
recommended approval subject to the following;
1. Reimbursement to the City the amount paid for that portion of the road
construction, and
2. A utility and access easement will be retained over the entire
abandonment area, and
3. No gate will be constructed without the written consent from the Estuary
and Estuary II Developments.
Planning and Zoning Board Staff Report
Royal Palm Boulevard Abandonment
Page 4
Courtesy Notices:
Courtesy notices have been provided to the following:
PROD (Progressive Residents of Delray)
La Hacienda Homeowners Association
Kokomo Key Homeowners Association
Presidents Council
North Palm Trail Homeowners Association
Town of Gulf Stream
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of
the subject property. Letters of objection or support, if any, will be provided at
the Planning and Zoning Board meeting.
The public portion of Royal Palm Boulevard currently functions as public right-of-
way leading to a private development. With the construction of Old Palm Grove
Village in the near future, this public right-of-way will be surrounded by private
development (Old Palm Grove Village, Estuary II and The Estuary). The public
need for the right-of-way is therefore limited. By retaining a utility easement and
dedicating an ingress/egress over the entire abandonment area, all future access
for private property owners, their guests and utility needs will be accommodated.
1. Continue with direction.
2. Recommend to the City Commission approval of the abandonment subject to
positive findings with respect to LDR Section 2.4.6(0)(5) with conditions.
3. Recommend to the City Commission denial of the abandonment based upon
a failure to make positive findings with respect to LDR Section 2.4.6(0)(5).
By motion, recommend to the City Commission approval of the i~bandonment of
the remaining 553' x 50' public portion of Royal Palm Boulevard right-of-way,
based upon positive findings with respect to LDR Section 2.4.6(0)(5), subject to
the following conditions:
The Official Resolution abandoning the subject area includes language
which establishes a utility easement and ingress/egress easement over
the entire abandonment area, and
Planning and Zoning Board Staff Report
Royal Palm Boulevard Abandonment
Page 5
2. Reimbursement to the City the sum of $34,314.00 for the recent roadway
construction for Royal Palm Boulevard, and
Reimbursement to the CRA the sum of $30,138.00 for their amount
expended on the recent roadway construction (dependent upon the CRA
Board's decision scheduled for May 23, 2002), and
4. No gate shall be constructed anywhere within the abandonment area
without the written consent of The Estuary and Estuary II developments.
Attachments:
· Location Map
· Reduced Survey
File: S:\Planning&Zoning\Boards\P&Z Board\Royal Palm Boulevard.doc
,SO 0c-
-_%00 OGoGC S
· ~A- i II 'J , " I
'-~1o1--- ri
' . KEY
/~/ (~ / ~~ ~~/
' ~.~ I
-- ~ ' ~ ~ ~ 'i
~III
~ II I - -~ / LAKE AVENUE N 1
[. 14TH ST. (LAKE AVE.) ~--- -'
~ / / / LAKE A~NUE S
I L~ I,,,, ,,,, ,,,,,,,,,,,~
/ i / /~
t /~~, ~ ~I ,r ~~~ t '
N ROYAL PALM BOULEVARD ABANDONMENT
aT~ or 0EmAr BEACh, rL J J - PORTION PROPOSED FOR ABANDONMENT
PL~NN~U~ ~ Z~N~
RESOLUTION NO. 61-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ADOPTING A RETIREMENT HEALTH
SAVINGS PROGRAM; PROVIDING FOR CONFLICTS; SUPERSEDING
AND REPEALING PREVIOUS PLANS; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission 'wishes to adopt a Retirement Health Savings Program
(VantageCare) for all employees.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA:
Section 1.
A. That the City adopt a Retirement Health Savings Program to provide retired employees
benefits for all medical expenses eligible under section 213 of the Internal Revenue Code.
B. That the program provide'for a voluntary, irrevocable election by employees to
participate.
C. That the program be funded by employer pick-up of unused accrued employee sick
and vacation leave.
That a copy of the to be adopted plan is attached hereto.
That the adoption extends to the plan adoption agreement and policies also attached
C.
hereto.
D.
That the City through its authorized officials execute such documents as may be
necessary to implement the plan.
E. That the City may amend the plan from time to time by resolution as may be necessary
or appropriate.
Section 2. That this resolution shall supersede any and all conflicting provisions of any
previously adopted resolutions dealing with plans to provide retiree benefits eligible under section
213 of the Internal Revenue Code.
Section 3. That the Retiree Health Savings Program adopted herein shall supersede any
such similar or equivalent plan previously adopted, and that any and all such similar or equivalent
plans are hereby repealed.
Section 4. That should any section or provision of this resolution or any portion thereof
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 5. That this resolution shall take effect on
PASSED and ADOPTED this ~ day of
,2002.
,2002.
ATTEST:
MAYOR
CiTY CLERK
2 RES. NO. 61o02
VantageCare Retirement Health Savings Plan
Implementation Data Form - Page 1
Instructions to Employer: Provide necessary ~nformation to establish your plan properly.
Please contact your New Business Analyst at 1-800-326-7272, if you have any questions.
General
Information
ICMA RETIREMENT CORPORATION
2. (902) Employer's Full Name: ~_.[-r',q or=
3. (924) Street Address: i 0<:3 ~ ,~¢,~',
(925)
ICMA-RC Use Only:
1. Employer Number
5
6.
7.
8.
9
(918) c~y: ---~~y' ~
(919) State:. ~::t..- (920) Zip Code: ~5~5~-
(633) Primary Contact/Plan Coordinator Name: '~--.~~ ~ , ~_~P,C-~OP-i~
(634) Primary Contact 'ritle: ~:::: ~ r~ ,~:~r.~ .~ [ ~~~
Plan
Implementation
information
(631) Primary Contact Telephone
(632) Fax#: ('5~) 7..J~-~
(PT00) E-mail Address:
10.
11.
13.
14.
15.
(882) Employer's Federal Tax Identification Number: ~'~1 -- ~ '.3¢"~'~ O ~
#of Employees: ' "-[~.,'Z- 12. #of Employees Eligible for Plan Participatmn: "/~.~-7
# of Employees Ehg~ble to Receive Medical Bepefits: -7 E>-~
Plan Level Quarterly Statements: (Note: * = defau!t),
a. Sort Order' {629) ~ S=SSN*
b. Output Med~a: (627) _'~, P=Paper* ~
c. Type: (626)j~ S=Summary* I~1
N=Name
M=Microfiche
D=Detail
~ B=Bound
(611) Contribution Information: (Note: * = default)
a. Frequency: (check one): ~ (0) Bi-weekly* ~ (4) Monthly ~1 (8) Semi-quarterly
[~ (1)Weekly ~ (5)Semi-Monthly ~1 (9) B~-annually
~ (2) Sem~-weekly ~ (6) Bi-quarterly ~ (10) Annually
~1 (3)B~-monthly [~1 (7)Quarterly ~1 (11)Semi-annually
~, ( ) Other: L~p~r4
Deposit Medium: (624) I~1 Check* ~ Wire ~1 EFT
Data Medium' EZ Link Required to participate in RHS Plan
First Contribution Date Following Implementatmn: ~,o[~%~r'' I 'Z~,~
ICMA Retirement Corporat*on - Attn Records Management Umt - P.O Box 96220 * Wast~mgton, DC 20090-6220 * Toll Free 1-800-669-7400
20
VantageCare Retirement Health Savings Plan
Implementation Data Form - Page 2
IPlan Contacts 1
(If any item #16-21 m left blank, the Pnmary Contact in G, #5 will rece,ve maihngs
Payroll
Contact
Information
16. PT01 Contact S~gnature: /~,z~¢%;
ICMA RETIREMENT CORPORATION
I ICMA-RC Use Only:
Employer Number
Please
indicate
alternate
addresses in
Comments
Section
Contribution
Contact
Information
Trustee
Contact
Information
Billing (Fees)
Contact
Information
Comments:
(Alternate
Addresses for
#16-20)
(200)
(200)
{420)
17. PT08
{200)
(200)
{420)
18. PT09
(2OO)
(200)
(420)
19. PT02
20. PT05
21. PT06
Contact Name:
GLENDA RIVERA
Contact T~le:
PAYROLL ADMINISTRATOR
Contact Signature: ,x~j'~
Contact Name BAi~ TURNER
Contact Title:
Telephone: ( 561)
Contact Signature:
Contact Name:
Contact Title:
ACCOUNTING ASSISTANT
243-7126 Fax: (561) 243-7166
Tele@hone: { ) Fax:{ )
GLENDA RIVERA
(2OO) Contact Name:
(200) Contact Trtle:
PAYROLL ADMINISTRATOR
(420) Telephone: (561-}243-7124 Fax: (561)-243-7166
(200) Trustee Name' ~'~;
(200) Trustee T~le: ~":;
(200) Trustee Address'
Street
C,ty State Zip
(420) Telephone:( ) Fax' ( ).
GLENDA RIVERA
{200) Contact Name:.
(200) Contact Title:
PAYROLL ADMINISTRATOR
(421) Telephone: { 561;-243-7124
Fax: {, 5.,6~[-243-7166
ICMA Ret{rerneni' Corpora{,on · At'tn Records Management Un,! - P O. Rox 96220 · Washington. DC 20090-6220 · Toll Free 1-800.669-7400
21
To;
From:
Date:
David T. Harden, City Manager
Joseph M. Sa .<~ance Director
July 3, 2002
Subject:
VantageCare Retiree Health Savings Plan
The International City Manager's Association (ICMA) has recently presented their
VantageCare Retiree Health Savings Plan. This plan allows all employees to make an
election to either receive payment for their accrued sick or vacation leave at termination
or to have the City deposit, all or a portion of, their accrued leave into the plan. For those
deposits made to the plan the deposit can be pretax at the time of deposit and, if used for
eligible health care costs after retirement, will be tax free upon distribution.
In the past, employees retiring and terminating from the City have been paid for their
appropriate amounts of sick and vacation leave in their final paychecks. These paychecks
usually had 20-25% taken out due to payroll taxes and thus the employee lost a
substantial amount of these funds at the point he/she retired. This plan will allow for the
deposit of accumulated leave without payroll taxes. Thus, the employee can use the
entire proceeds from the accumulated leave to pay medical premiums (City group health
plan, Medicare and Medicare supplement plan premiums, COBRA premiums, or other
health plan premiums), unreimbursed medical plan costs (co-payments, deductibles),
dental costs, vision costs and unreimbursed medical and prescription costs as long as they
are eligible Section 213 (Internal Revenue Code) costs.
The employee will be required to make an election in the year preceding termination
from the City for retirement purposes. The funds elected to be deposited into the plan
can only be used for these aforementioned purposes. These funds cannot be taken out for
any other reason other than the death of the employee. The spouse or dependents can
then use these funds for eligible purposes until their death with no tax or receive the
balance of the funds with taxes being imposed.
We would ask that the attached resolution and accompanying plan documents be
submitted to the City Commission for approval.
CC:
Ned Gusty, Human Resources Director
Susan Ruby, City Attorney
EMPLOYER VANTAGECARE RETIREMENT HEALTH
SAVINGS (RHS) PLAN
ADOPTION AGREEMENT
Plan Number: 8
Employer Retirement Health Savings Plan Name: J.~-~,,-"4-,~' ~--'~j~,~.~.~ ~-,~.~:,~'-~,-~ ¥-~.,pc.--r',A ~>~
I. Employer Name:
II.
The Employer hereby attests that it is a unit of a state or local government or an agency or instrumen-
tality of one or more units of a state or local government.
The Effectwe Date of the Plan:
The Employer intends to utilize the Trust to fund only welfare benefits pursuant to the following wel-
fare benefit plan(s) established by the Employer:
V. Eligib~le Groups and Participant Eligibility Requirements
A. The following group or groups of Employees are eligible to participate in the VantageCare Retire-
ment Health Savings Plan:
All Employees
All Full-Time Employees
Non-Union Employees
Public Safety Employees -- Police
Public Safety Employees -- Firefighters
General Employees
Collectively-Bargained Employees (Specify unit)
Other (specify below)
The group specified must correspond to a group of the same designation that is defined in the stat-
utes, ordinances, rules, regulations, personnel manuals or other mater~al in effect in the state or
locality of the Employer.
j~[ If this box is checked, in lieu of mandatory participatIon, the Employer provides for a one-time
irrevocable election by eligible Employees to participate in RHS. Until such time as the election is
made, the Employee shall not participate in the Plan or receive contributions pursuant to Section VI.
Newly eligible Employees shall be provided an election window of 513 days (no more than
60) from the date of initial eligibility during which they may make the elect~on to participate. Participa-
tion may begin no earlier than the calendar month following the end of the election window.
If the Employee does not make the election in the year of initial eligibility, the election to participate
may be made in a later year. An annual election window of t~."'J days (no more than 60)
shall be provided during which the election may be made. The election window shall run from
I~{o~,' t to _~"~.-~:-- ~ (insert your annual tIme frame for the election window, e.g. October 1 to
November 29). Participation may begin no earlier than the calendar year following the year of the
e~ect~on.
Once made, the election is irrevocable and may not be revoked.
10
If the Employer's underlying welfare benefit plan or funding under this VantageCare Retirement Health
Savings Plan ~s in whole or part a non-collectively bargained, self-~nsured plan, the nondiscrimination
requirements of Internal Revenue Code (IRC) Section 105(h) will apply. These rules may impose
taxation on the benefits received by highly compensated Employees if the Plan dmcriminates in favor
of highly compensated Employees m terms of ehg~bility or benefits. The Employer should discuss
these rules with appropriate counsel.
Bo
Participant Ehgibility
1. Minimum period of service required for participation is 101~, (write N/A if an Employee is
eligible to participate or to elect to participate immediately upon employment).
2. Minimum age required for eligibihty to participate is ,"ii/~ (write N/A if no minimum age is
required).
VI. Contribution Sources and Amounts
A. Mandatory Contributions
Direct Employer Contributions
The Employer shall contribute on behalf of each Participant ..
for the Plan Year.
kilO, % of earnings or $ ~ ~Pt
Definition of earnings:
Employee Manda~;Qry Annual Leave Contributions
The Employer will make mandatory contributions of annual leave as follows:
Accrued Sick Leave* ~1 Yes
Accrued Vacation* [~1 Yes
Other* (describe) ~ 1~,
,J~ No
~' NO
Yes _C1 No
* Please provide the formula f~r determining the Accrued Leave contribution:
An Employee shall not have the right to discontinue or vary the rate of annual leave contribu-
tions.
3. Employee Mandatory Compensation Contributions
The Employer will make mandatory contributions of Employee compensation as follows:
[~1 Reduction in Salary - I~)i~ % of earnings (as defined in VI.A.1.) or $ ~/10t willbe
contributed for the Plan Year.
11
[~1 Decreased Merit or Pay Plan Adjustment - All or a portion of the Employees' annual merit
or pay plan adjustment will be contributed as follows:
~,,. ) ~
An Employee shall not have the right to discontinue or vary the rate of mandatory contributions of
Employee compensation.
B. Elective Contributions
Voluntary After-Tax Contributions
Each Employee may contribute up to ~ i ^ % of earnings (as defined in VI.A,1.) or
$ ~ J ~ for the Plan Year on a voluntary after-tax bas~s. In no event may aggregate
Employee voluntary after-tax contributions exceed 25% of total contributions in any Plan Year.
An Employee shall have the right to discontinue or vary the rate of elective after-tax contribu-
t~ons of Employee earnings.
By adopting this section, the Employer acknowledges that the Internal Revenue Service has
declined to rule on Employee after tax contributions in an integral part trust. ICMA-RC has
obtained the advice of counsel that such contributions are allowable in an insubstantial
amount (i.e. no more than 25% of total contributions in any Plan Year). The Employer should
discuss this issue with appropriate counsel.
2. Elective Pre-Tax Contributions
The Employer will permit each Employee to make the following elections to make pre-tax
contributions to the Plan:
Irrevocable Election for Pre-Tax Contributions from Compensation: A one-time, irrevocable
election of the amount of Employer contributions of compensation made on his or her
behalf.
Yes ~No
The Employer limits the amount elected to either a fixed percentage or a range of percent
ages of an Employee's earmngs (as shown below):
up to ~ I ~ % of earnings (as defined in VI.A.1.) or $ I~ ) t~ for the Plan Year.
Newly eligible Employees shall be provided an election window of I',)i~ days (no
more than 60) from the date of imtial eligibility during which they may make the election to
contribute. Contributions may begin no earlier than the calendar month following the end of
the election window.
If the Employee does not make the election in the year of initial eligibility, the election to
contribute may be made in a later year. An annual election window of. t,I ~ ~ days (no
more than 60) shall be provided ,d~uring which the election may be made. The election window
shall run from r'~l~, to ~/1~ (insert your annual time frame for the election
window). Contributions may begin no earlier than the calendar year following the year of the
elect~on.
Once made, the election is irrevocable and may not be revoked.
12
Irrevocable Election for Pre-Tax Contributions of Accrued Leave: A onemme, ~rrevocable
election of the amount of employer contributions of Employee accrued
,~ s~ck '~ vacation [~1 other (describe) leave made on his or her behalf
~LYes [~1 No
The Employer limits the amount elected as shown below:
Newly eligible Employees shall be provided an election window of ::~O days (no
more than 60) from the date of initial eligibility during which they may make the elect~on to
contribute. Contributions may begin no earlier than the calendar month following the end
of the election window.
If the Employee does not make the election in the year of initial eligibility, the election to
contribute may be made in a later year. An annual election window of I~c~ days
b, pro during which the election may be made. The elect~on
(no more than 60) shall wded
window shall run from~ I to ..~_,L_ '~O (insert your annual time frame for the
election window). Contributions may begin no earlier than the calendar year following the
year of the election.
Once made, the election is irrevocable and may not be revoked.
Annual Prospective Election for Pre-Tax Contributions of Leave: An annual, irrevocable
election to have his or her Qsick Q vacation Qother (describe) leave to
be accrued in the next calendar year contributed to the Plan on his or her behalf.
Yes
The Employer limits the amount elected as shown below:
Contributions of future leave accruals will be remitted to the Plan
I~1 as earned [~1 at the end of the calendar' year.
The election to contribute must be made in the calendar year before the year in which
contributions are to begin. Once made, the election shall apply to succeeding calendar
years unless otherwise revised or revoked by the Employee on an annual basis.
An annual election window of ~ [ ~ days (no more than 60) is provided during
which eligible Employees ma~/make the election to contribute. The election window shall
run from ~ ~ P, to ~/,c~ (insert your annual time frame for the election
window).
By adopting section a, b, and/or c, the Employer acknowledges that the Internal Revenue
Service has not ruled on irrevocable election contributions in an integral part trust. ICMA-
RC has obtained the advice of counsel that such contributions are allowable under the
conditions outlined in this Adoption Agreement. The Employer should discuss this issue
with appropriate counsel.
13
C. Limits on Total Contributions
The total contribution on behalf.each Participant (including both Mandatory and Elective
Contributions) for each Plan Year shall not exceed the following hm~t(s):
% of earnings (as defined in VI.A.1.).
There is no Plan-defined limit on the percentage or dollar amount of-~a~L~ that may
be contributed. ~.,_.',~=~.~,~,,, IP=~,4~,rr', ~_,~-- ~ ~ ~ ~~
.~. ~ ~ ~~~ ...........
L~m~ts on mo~woual contr~Dut~on types are oetmed w~thm the appropriate section above.
See Section V.A. for a discussion of nondiscrimination rules that may apply to non-collectively bargained
self-insured Plans.
VII. Vesting Schedule
(~) TI're account is 100% vested at all times, unless specified otherwise ~n B. below.
B. The following vesting schedule applies to Direct Employer Contributions outlined in VI,A.I:
Years of Specified
Service Percent
Completed Vesting
~%
%
%
%
%
~%
%
%
%
Co
The account will become 100% vested upon the death, disability, retirement, or attainment of
benefit eligibility by a Participant.
Definition of retirement:
D. Any period of service by a Participant prior to a rehire of the Participant by the Employer shall not
count toward the vesting schedule outlined in B. above.
VIII. Forfeiture Provisions
Please complete this Section if a vesting schedule is indicated in Section VII. B.
Upon separation from the service of the Employer, a Participant's non-vested funds shall:
[~ Remain in the Trust to be reallocated among all Plan Participants as Employer Contributions for
the next and succeeding contribution cycle(s).
[~1 Remain in the Trust to be reallocated on an equal dollar bas~s among all Plan Participants.
,,
14
IX.
Remain in the Trust to be reallocated among all Plan Participants based upon Participant account
balances.
[~1 Revert to the Employer.
Eligibility Requirements to Receive Medical Benefit Payments from the VantageCare Retirement
Health Savings Plan
A. A Participant is eligible to receive benefits:
At retirement only (as defined in Section VII.C.)
At separation from service with the following restrictions
At age only
At retirement and age
At retirement or age
A Participant who dies or becomes totally and permanently disabled (as defined by the Social
Security Administration) will become immediately eligible to receive medical benefit payments
from his/her VantageCare Retirement Health Savings Plan account.
X. Permissible Medical Benefit Payments
Benefits eligible for payment consist of:
A. X All Medical Expenses eligible under IRC Section 213'
OR
B. The following Medical Expenses (select only the expenses you wish to cover under the
VantageCare Retirement Health Savings Plan):
Medical Insurance Premiums
Medical Out-of-Pocket Expenses*
Medicare Part B Insurance Premiums
Medicare Supplement Insurance Premiums
COBRA Premiums
Dental Insurance Premiums
Dental Out-of-Pocket Expenses*
Long Term Care Insurance Premiums
Long Term Care Benefits*
Other (Must be eligible under IRC Section 213)
* See Section V.A. for a discussion of nondiscrimination rules which may apply to non-collectively
bargained, self-insured Plans.
XI. Death Benefit
A. In the event of a Participant's death, the following shall apply:
Account Transfer: The surviving spouse and/or surviving eligible dependents (as defined in
Section XIII,F.) of the deceased Participant are immediately eligible to maintain the account and
utilize it to fund eligible medical benefits specified in Section X above.
15
Upon notification of a Participant's death, the Participant's account balance will be transferred into
the Vantagepoint Money Market Fund* The account balance may be reallocated by the surv~ving
spouse or dependents.
*Please read the current prospectus carefully prior to investing. An investment ~n this fund is
neither insured nor guaranteed and there can be no assurance that the Fund will be able to
maintain a stable net asset value of $1.00 per share. Vantagepoint Mutual Funds are
distributed by ICMA-RC Services, LLC, a controlled affiliate of ICMA Retirement Corporation.
Member NASD/SlPC.
In the event of an Account Transfer, if a Participant's account balance has not been fully utilized
upon the death of the ehgible spouse, the account balance may continue to be utihzed to pay
benefits of eligible dependents who have not reached the age of 19 (or 2~, for full-t~me students). If
no eligible dependents surwve the spouse, the remaimng account balance will be paid to the
eligible spouse's estate as soon as practical. After the death of the spouse, upon the attainment of
age 19 (or 24 for full-time students) by all ehgible dependents, any remaining account balance will
be paid to such dependent(s). Upon the death of all eligible dependents, the balance will be paid
to the estate of the last dependent to d~e as soon as practical. The age I~mit for eligible dependents
may be waived if the individual is incapable of self-sustaIning employment by reason of mental or
physical handicap and the incapacitation occurred prior to the Participant's death. The account
balance may continue to be utilized to pay benefits of the individual if he or she qualified as a
dependent of the Participant during the Participant's life, and the Plan has received due proof of
incapacity within 31 days of when the individual's coverage under the Plan would otherwise
terminate. The individual's coverage may be continued as long as the indiwdual remains incapaci-
rated. The Plan may request proof of the continued existence of such incapacity from t~me to time.
There will be no elective withholding of federal, state, or local taxes for death benefit lump sum
account payments to the Participant's spouse's estate, dependent(s), or dependent's estates.
If there are no living spouse or dependents at the time of death of the Participant, the account will
be paid to the designated beneficiary(les) as an Account D~stribution ~n the year of payout as
elected in B. below. If there are no liwng beneficiary(les), the account will be paid to the Part~c~-
pant's estate in the year of payout as elected in B. below.
There will be no elective withholding of federal, state, or local taxes for death benefit lump sum
account payments to beneficiary(les) or the Participant's estate.
If this box is checked, in heu of an Account Transfer, the following shall apply m the case of the
death of the Participant.
Account Distribution: The Employee's account balance will be paid to the Participant's designated
beneficiary(les).
Upon notification of a Participant's death, the Participant's account balance will be transferred into
the Vantagepoint Money Market Fund*. The account balance may be reallocated by the desig-
nated beneficiary(les).
* Please read the current prospectus carefully prior to investing. An investment m this fund is
neither ~nsured nor guaranteed and there can be no assurance that the Fund will be able to main-
tain a stable net asset value of $1.00 per share. Vantagepomt Mutual Funds are distributed by
ICMA-RC Services, LLC, a controlled affiliate of ICMA Retirement Corporation. Member NASD/
SIPC.
If there are no living beneficIary(les), the account will be paid to the Participant's estate. There will
be no elective w~thholding of federal, state, or local taxes for death benefit lump sum account
payments to beneficiary(ies) or the Participant's estate.
16
B. In the event of an Account Distribution due to the Participant's death, the death benefits will be
paid in the calendar year following the calendar year of the Participant's death.
If this box is checked, in lieu of the above paragraph, death benefits will be paid in the calendar
year of the Participant's death. The Employer is responsible for reporting and remitting any
applicable taxes, as outlined in the VantageCare Retirement Health Savings Plan Employer
Manual.
Xll. Severance Benefit
A. No severance benefit shall be provided under this VantageCare Retirement Health Savings Plan
unless otherwise provided in B. below.
B. [] If this box is checked, the Employer's VantageCare Retirement Health Savings Plan provides for
the payment of the Participant's account balance to the Participant upon termination of employ-
ment in advance of retirement (as defined in Section VII.C.) or pr, or to becoming eligible for medi-
cai benefits under the Plan.
The following termination events qualify the Participant for severance benefits:
If the Plan provides severance benefits, the vested value of the Participant's account will be paid as
a lump sum to the Participant upon notification from the Employer that the Participant has termi-
nated employment and is eligible to recewe a severance benefit.
All severance benefits will be paid as a lump sum. The Employer will be responsible for reporting
and remitting any applicable taxes, as outlined in the VantageCare Retirement Health Savings Plan
Employer Manual
Xlll. The Plan will operate according to the following provisions:
A. Employer Responsibilities
1 The Employer will submit all VantageCare Retirement Health Savings Plan contribution
data via electronic submission.
Participant status updates and/or changes or personal information updates and/or changes
(Participants' termination dates, Participants' benefit eligibility dates, etc.) will be provided
via electronic submission.
B. Participant account administration fees will be paid through the redemption of Participant
account shares, unless agreed upon otherwise in the Administrative Services Agreement.
C. Employer plan fees will be paid by the Employer as outlined in the Administrative Services
Agreement.
D. Assignment of benefits is not permitted.
E. Payments to an alternate payee (payee other than a Participant) are not permitted with the
exception of reimbursement of health insurance premiums to the Employer.
F. An eligible dependent is the Participant's lawful spouse and any other individual who is a
person described in IRC Section 152(a).
17
XlV.
Upon termination of employment prior to a Participant becoming eligible for medica~ benefits
from a VantageCare Retirement Health Savings Plan account, Participant accounts that are
$5,000 or less will be considered De Minimls, and will be paid to the Participant.
H. The Employer will be responsible for withholding, reporting and remitting any applicable
taxes, as outlined in the VantageCare Retirement Health Savings Plan Employer Manual.
The Employer hereby acknowledges it understands that failure to properly fill out this Employer
VantageCare Retirement Health Savings Plan Adoption Agreement may result in the loss of tax
exemption of the Trust and/or loss of tax-deferred status for Employer contributions.
EMPLOYER
By:
Title:
Attest:.
AccepteE: Vantagepoint Transfer Agents, LLC
Corporate Treasurer
18
VA N TAG E CARE
RETIREMENT HEALTH SAVINGS PLAN
Retain Booklet
This booklet contains the following documents:
· Model Integral Part Trust Document
· Private Letter Ruling
· Sample Welfare Benefit Plan
ICMA RETIREMENT CORPORATION
The Publm Sector Expert
RETAIN BOOKLET
USING THE VANTAGECARE RETIREMENT HEALTH SAVINGS PLAN
RETAIN BOOKLET
This is one of two booklets containing information to establish your VantageCare Retirement Health
Savings (RHS) Plan with the ICMA Retirement Corporation. For detailed information about plan adoption,
please see your VantageCare Retirement Health Savings Plan Employer Manual.
This booklet includes:
· Model Integral Part Trust Document
· Private Letter Ruling
-Sample Welfare Benefit Plan
Please read the information and retain it for your files.
MODEL INTEGRAL PART TRUST DOCUMENT
You will need to execute a trust document; you may execute the model trust document in this retain
booklet by inserting your information on pages 4, 5, 7, and 13. If you do not use the ICMA-RC model trust
document, your indiwdually designed document must be rewewed and approved by ICMA-RC prior to
your joining the RHS program. Th~s will ensure that ICMA-RC can admimster all provisions of your plan.
PRIVATE LETTER RULING
ICMA-RC has obtained a private letter ruling from the IRS approving one employer's RHS Plan trust. Your
use of ICMA-RC's model trust document will provide you with comfort that the trust for your Plan is also
within the IRS' requirements. (This is similar to the comfort provided when you use ICMA-RC's model 457
plan documents.) Of course, you may want to talk to your legal counsel about whether or not you should
obtain a private letter ruling on your own RHS trust document if you choose not to use the ICMA-RC
model document.
Note that the plan upon which the IRS private letter ruling was based did not include certain features that
have subsequently been added to the RHS program. These features include
· the irrevocable election to participate in the program,
· the irrevocable election to contribute compensation or accrued leave*,
· the irrevocable prospective election to contribute leave to be earned in the coming year*, and
· voluntary employee after-tax contributions (Article 7.2 of the Trust).
*These contribution types are treated as Employer contributions under Article 7.1 and 7.3 of the Trust.
However, ICMA-RC has obtained the opinion of counsel that these features should be allowed as long as
the requirements outlined in the Trust and Adoption Agreement are met. Any questions regarding these
features of the RHS program can be directed to your ICMA-RC Retirement Plan Specialist.
SAMPLE WELFARE BENEFIT PLAN
You will need to execute a welfare benefit plan if you do not already have one in place. You may execute
the sample welfare benefit plan provided herein or you may execute your own welfare benefit plan. It can
be a simple document, but it must be in writing in order for your employees to enjoy tax-free treatment of
the benefits they receive from this plan or any other welfare benefit plan you provide.
VANTAGECARE RETIREMENT
HEALTH SAVINGS PLAN
FOR ASSISTANCE
Please contact your VantageCare Retirement Health Savings Plan New Business Analyst at 1-800-326-7272.
Please note that the information in this booklet and the documents herein take into account only the
federal tax rules related to ICMA-RC's VantageCare Retirement Health Savings Plan. Prior to implementing
an RHS plan, the employer is responsible for determining that there are no state or local laws that would
prohibit it from offering the plan to its employees. The employer must also determine that the options ~t
selects in the VantageCare Retirement Health Savings Plan Adoption Agreement fall within state/local
requirements.
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DECLARATION OF TRUST OF THE
NAME OF EMPLOYER
INTEGRAL PART TRUST
VANTAGECARE RETIREMENT HEALTH SAVINGS PLAN
DECLARATION OF TRUST OF THE
NAME OF EMPLOYER
INTEGRAL PART TRUST
Declaration of Trust made as of the
by and between the
Name of Employer
(hereinafter referred to as the "Employer") and
referred to as the "Trustee").
day of
Name of Trustee
,20 ,
Stale Type of Enl~ty
or its designee (hereinafter
RECITALS
WHEREAS, the Employer is a political subdivision of the State of
exempt from federal income tax under the Internal Revenue Code of 1986; and
WHEREAS, the Employer provides for the security and welfare of its eligible employees (here-
inafter referred to as "Participants"), their Spouses, Dependents and Beneficiartes by the maintenance of
one or more post-retirement welfare benefit plans, programs or arrangements which prowde for life,
sickness, medical, disability, severance and other similar benefits through insurance and self-funded
reimbursement plans (collectively the "Plan"); and
WHEREAS, it is an essential function and integral part of the exempt activities of the Employer
to assist Participants, their Spouses, Dependents and Beneficiaries by making contributions to and accu-
mulating assets in the trust, a segregated fund, for post-retirement welfare benefits under the Plan; and
WHEREAS, the authority to conduct the general operation and administration of the Plan is
vested in the Employer or its designee, who has the authority and shall be subject to the duties with
respect to the trust specified in this Declaration of Trust; and
WHEREAS, the Employer wishes to establish this trust to hold assets and income of the Plan
for the exclusive benefit of Plan Participants, their Spouses, Dependents and Beneficiaries; and
NOW, THEREFORE, the parties hereto do hereby establish this trust, to be
known as the Declaration of Trust of the Integral Part Trust
Name of Employer
(hereinafter referred to as the "Trust"), and agree that the following constitute the Declaration of Trust
(hereinafter referred to as the "Declaration"):
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ARTICLE I
Definitions
1.1 Definitions. For the purposes of this Declaration, the following terms shall have the respective
meanings set forth below unless otherwise expressly provided.
(a) "Account" means the individual recordkeeping account maintained under the Plan to record the
interest of a Participant in the Plan in accordance with Section 7.4.
(b) "Account Transfer" means a transfer of the Participant's Account upon his or her death to be used
for the payment of benefits for the Participant's Spouse and Dependents.
(c) "Administrator" means the Employer or the entity designated by the Employer to carry out admin-
istrative services as are necessary to implement the Plan.
(d)
"Beneficiary" means the person or persons designated by the Participant pursuant to the terms of
the Plan, or, if the Plan provides otherwise, the Spouse and Dependents, who will receive any
b~nefits payable hereunder in the event of the Participant's death.
(e) "Code" means the Internal Revenue Code of 1986, as amended from time to time.
(f) "Dependent" means an individual who is a person described in Code Section 152(a).
(g)
"Investment Fund" means any separate investment option or vehicle selected by the Employer in
which all or a portion of the Trust assets may be separately invested as herein provided. The
Trustee shall not be required to select any Investment Fund.
(h)
"Nonforfeitable Interest" means the interest of the Participant or the Participant's Spouse, Depend-
ent or Beneficiary (whichever is applicable) in the percentage of Participant's Employer's contribu-
tion which has vested pursuant to the vesting schedule specified in the Employer's Plan. A Partici-
pant shall, at all times, have a one hundred percent (100%) Nonforfeitable Interest in the Partici-
pant's own contributions.
(i) "Spouse" means the Participant's lawful spouse as determined under the laws of the state in
which the Participant has his primary place of residence.
(j) "Trust" means the trust established by this Declaration.
(k) '"l'rustee" means the person or persons appointed by the Employer to serve in that capacity.
VANTAGECARE RETIREMENT HEALTH SAVINGS PLAN
ARTICLE II
Establishment of Trust
2.1 The Trust is hereby established as of the date set forth above for the exclusive benefit of Partici-
pants, their Spouses, Dependents and Beneficiaries.
ARTICLE III
Construction
3.1 This Trust and its validity, construction and effect shall be governed by the laws of the State of
3.2 Pronouns and other similar words used herein in the masculine gender shall be read as the feminine
gender where appropriate, and the singular form of words shall be read as the plural where appropriate.
3.3 If any provision of this Trust shall be held illegal or invalid for any reason, such determination shall
not affect the remaining provisions, and such provisions shall be construed to effectuate the purpose of
this Trust.
ARTICLE IV
Benefits
4.1 Benefits. Th~s Trust may provide benefits to the Participant, the Participant's Spouse and Dependents.
Death benefits may be provided to a Beneficiary pursuant to the terms of the Plan.
4.2 Form of Benefits. This Trust may provide benefits by cash payment. This Trust may reimburse the
Participant, his Spouse or Dependents for insurance premiums or other payments expended for permissi-
ble benefits described under the Plan. This trust may reimburse the Employer, or the Administrator for
insurance premiums.
ARTICLE V
General Duties
5.1 It shall be the duty of the Trustee to hold title to assets held in respect of the Plan in the Trustee's name
as directed by the Employer or its designees in writing. The Trustee shall not be under any duty to com-
pute the amount of contributions to be paid by the Employer or to take any steps to collect such amounts
as may be due to be held in trust under the Plan. The Trustee shall not be responsible for the custody,
investment, safekeeping or disposition of any assets comprising the Trust, to the extent such functions are
performed by the Employer or the Administrator, or both.
5.2 It shall be the duty of the Employer, subject to the provisions of the Plan, to pay over to the Adminis-
trator or other person designated hereunder from time to t~me the Employer's contributions and Partici-
pants' contributions under the Plan and to inform the Trustee in writing as to the identity and value of the
assets titled in the Trustee's name hereunder and to keep accurate books and records with respect to the
Participants of the Plan.
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ARTICLE VI
Investments
6.1 The Employer may appoint one or more investment managers to manage and control all or part of the
assets of the Trust and the Employer shall notify the Trustee in writing of any such appointment.
6.2 The Trustee shall not have any discretion or authority with regard to the investment of the Trust and
shall act solely as a directed Trustee of the assets of which it holds title. To the extent directed by the
Employer (or Participants, their Spouses and Dependents, or Beneficiaries to the extent provided hereto)
the Trustee is authorized and empowered with the following powers, rights and duties, each of which the
Trustee shall exercise in a nondiscretionary manner:
(a) To cause stocks, bonds, securities, or other investments to be registered in its name as Trustee
or in the name of a nominee, or to take and keep the same unregistered;
(b)
To employ such agents and legal counsel as it deems advisable or proper in connection with its
duties and to pay such agents and legal counsel a reasonable fee. The Trustee shall not be
liable for the acts of such agents and counsel or for the acts done in good faith and in reliance
upon the advice of such agents and legal counsel, provided it has used reasonable care in
selecting such agents and legal counsel;
(c)
To exercise where applicable and appropriate any rights of ownership in any contracts of
insurance in which any part of the Trust may be invested and to pay the premiums thereon;
and
(d)
At the direction of the Employer (or Participants, their Spouses, their Dependents, their Benefi-
ciaries, or the investment manager, as the case may be) to sell, write options on, convey or
transfer, invest and reinvest any part thereof in each and every kind of property, whether real,
personal or mixed, tangible or intangible, whether income or non-income producing and
wherever situated, including but not limited to, time deposits (including time deposits in the
Trustee or its affiliates, or any successor thereto, if the deposits bear a reasonable rate of
interest), shares of common and preferred stock, mortgages, bonds, leases, notes, debentures,
equipment or collateral trust certificates, rights, warrants, convertible or exchangeable securi-
ties and other corporate, individual or government securities or obligations, annuity, retire-
ment or other insurance contracts, mutual funds (including funds for which the Trustee or its
affiliates serve as investment advisor, custodian or in a similar or related capacity), or in units
of any other common, collective or commingled trust fund.
6.3 Notwithstanding anything to the contrary herein, the assets of the Plan shall be held by the Trustee as
title holder only. Persons holding custody or possession of assets titled to the Trust shall include the
Employer, the Administrator, the investment manager, and any agents and subagents, but not the Trustee.
The Trustee shall not be responsible or liable for any loss or expense which may arise from or result from
compliance with any direction from the Employer, the Administrator, the investment manager, or such
agents to take title to any assets nor shall the Trustee be responsible or liable for any loss or expense
which may result from the Trustee's refusal or failure to comply with any direction to hold title, except if
the same shall involve or result from the Trustee's negligence or intentional misconduct. The Trustee may
refuse to comply with any direction from the Employer, the Administrator, the investment manager, or
such agents ~n the event that the Trustee, in ~ts sole and absolute discretion, deems such direction illegal.
6.4 The Employer hereby indemnifies and holds the Trustee harmless from any and all actions, claims,
demands, liabilities, losses, damages or reasonable expenses of whatsoever kind and nature in connection
with or arising out of (i) any action taken or omitted in good faith by the Trustee in accordance with the
directions of the Employer or its agents and subagents hereunder, or (ii) any disbursements of any part of
the Trust made by the Trustee in accordance with the directions of the Employer, or (iii) any action taken
by or omitted in good faIth by the Trustee with respect to an investment managed by an investment
manager in accordance with any direction of the investment manager or any inaction w,th respect to any
4NTAGECARE
RETIREMENT HEALTH SAVINGS PLAN
such investment in
the contrary herein,
fication ~f the Truste
by it under the pro
,t~sence of directions from the investment manager. Notwithstanding anything to
-'mployer shall have no responsibility to the Trustee under the foregoing indemni-
ts negligently, intentionally or recklessly to perform any of the duties undertaken
as of this Trust.
6.5 Notwithstand~'
the Administrator
valuing all assets
of the same. The
actions, demands
from or are relate
assets.
3ything to the contrary herein, the Employer or, if so designated by the Employer,
:he investment manager or another agent of the Employer, will be responsible for
:quired for all purposes of the Trust and of holding, investing, trading and disposing
;loyer will indemnify and hold the Trustee harmless against any and all claims,
~,dities, losses, damages, or expenses of whatsoever kind and nature, which arise
any use of such valuation by the Trustee or holding, trading, or disposition of such
6.6 The Trustee
tions, claims, der
nature in connec
the Admmistratc
Section 6.3 ahoy
the investment r-
and hereby does indemnify and hold harmless the Employer from any and all ac-
ids, liabilities, losses, damages and reasonable expenses of whatsoever kind and
with or arising out of (a) the Trustee's failure to follow the directions of the Employer,
~e investment manager, or agents thereof, except as permitted by the last sentence of
t)) any disbursements made without the direction of the Employer, the Administrator,
~ager or agents thereof; and (c) the Trustee's negligence, willful misconduct, or reck-
lessness with ret, act to the Trustee's duties under this Declaration.
ARTICLE VII
Contributions
7.1 Employer Contributions. The Employer shall contribute to the Trust such amounts as specified in the
Plan or by resolution.
7.2 Participant Contributions. If specified in the Plan, each Participant may make voluntary after-tax
contributions. Under no circumstances shall Participant Contributions exceed an insubstantial amount.
These contributions shall be collected by the Employer and remitted to the Trust for deposit at such time
or times as required under the terms of the Plan.
7.3 Accrued Leave. Contributions up to an amount equal to the value of accrued sick leave, vacation
leave, or other type of accrued leave, as permitted under the Plan. The Employer's Plan must provide a
formula for determining the value of the Participant's contribution of accrued leave. The Employer's Plan
must contain a forfeiture provision that will prevent Participants from receiving the accrued leave in cash
in lieu of a contribution to the Trust.
7.4 Accounts. Employer contributions, Participant contributions, and contributions of accrued leave, all
investment income and realized and unrealized gains and losses, and forfeitures allocable thereto will be
deposited into an Account in the name of the Partmipant for the exclusive benefit of the Participant, his
Spouse, Dependents and Beneficiaries. The assets in each Participant's Account may be invested in
Investment Funds as directed by the Participant (or, after the Partmipant's death, by the Spouse,
Dependents or Beneficiaries) from among the Investment Funds selected by the Employer.
7.5 Receipt of Contributions. The Employer or, if so designated by the Employer, the Administrator or
investment manager or another agent of the Employer, shall receive all contributions paid or delivered to
it hereunder and shall hold, invest, reinvest and administer such contributions pursuant to th~s Declara-
tion, without distinction between principal and income. The Trustee shall not be responsible for the
calculation or collection of any contribution under the Plan, but shall hold title to property received ~n
respect of the Plan ~n the Trustee's name as directed by the Employer or its designee pursuant to thIs
Declaration.
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7.6 NO amount in any Account maintained under this Trust shall be subject to transfer, assignment, or
alienation, whether voluntary or involuntary, in favor of any creditor, transferee, or assignee of the Em-
ployer, the Trustee, any Participant, his Spouse, Dependent, or Beneficiaries.
7.7 Upon the satisfaction of all liabilities under the Plan to prowde such benefits, any amount of Employer
contributions, plus accrued earnings thereon, remaining in such separate Accounts must, under the terms
of the Plan, be returned to the Employer.
ARTICLE VIII
Other Plans
If the Employer hereafter adopts one or more other plans providing life, sickness, accident, medical,
disability, severance, or other benefits and designates the Trust hereby created as part of such other plan,
the Employer or, if so designated by the Employer, the Administrator or an investment manager or an-
other agent of the Employer shall, subject to the terms of this Declaration, accept and hold hereunder
contrlbut~ions to such other plans. In that event (a) the Employer or, if so designated by the Employer, the
Administrator or an investment manager or another agent of the Employer, may commingle for invest-
merit purposes the contributions received under such other plan or plans with the contributions previously
received by the Trust, but the books and records of the Employer or, ~f so designated by the Employer, the
Administrator or an investment manager or another agent of the Employer, shall at all times show the
portion of the Trust Fund allocable to each plan; (b) the term "Plan" as used herein shall be deemed to
refer separately to each other plan; and (c) the term "Employer" as used herein shall be deemed to refer to
the person or group of persons whIch have been designated by the terms of such other plans as having
the authority to control and manage the operation and administration of such other plan.
ARTICLE IX
Disbursements and Expenses
9.1 The Employer or its designee shall make such payments from the Trust at such time to such persons
and in such amounts as shall be authorized by the provisions of the Plan provided, however, that no
payment shall be made, either during the existence of or upon the discontinuance of the Plan (subject to
Section 7.7), which would cause any part of the Trust to be used for or diverted to purposes other than the
exclusive benefit of the Participants and their Beneficiaries pursuant to the provisIons of the Plan.
9.2 All payments of benefits under the Plan shall be made exclusively from the assets of the Accounts of
the Participants to whom or to whose Spouse, Dependents, or Beneficiaries such payments are to be
made, and no person shall be entitled to look to any other source for such payments.
9.3 The Employer, Trustee and Administrator may be reimbursed for expenses reasonably incurred by
them in the administration of the Trust. All such expenses, including, without limitation, reasonable fees
of accountants and legal counsel to the extent not otherwise reimbursed, shall constitute a charge against
and shall be paid from the Trust upon the direction of the Employer.
ARTICLE X
Accounting
10.1 The Trustee shall not be required to keep accounts of the investments, receipts, disbursements, and
other transactions of the Trust, except as necessary to perform ~ts title-holding function hereunder. All
accounts, books, and records relating thereto shall be maintained by the Employer or ~ts designee
VANTAGECARE RETIREMENT HEALTH SAVINGS PLAN
10.2 As promptly as possible following the close of each year, the Trustee shall file with the Employer a
written account setting forth assets titled to the Trust as reported to the Trustee by the Employer or its
designee.
ARTICLE Xl
Miscellaneous Provisions
11.1 Neither the Trustee nor any affiliate thereof shall be required to give any bond or to qualify before, be
appointed by, or account to any court of law in the exercise of its powers hereunder.
11.2 No person transferring title or receiving a transfer of title from the Trustee shall be obligated to look
to the propriety of the acts of the Trustee in connection therewith.
11.3 The Employer may engage the Trustee as its agent in the performance of any duties required of the
Employer under the Plan, but such agency shall not be deemed to increase the responsibility or liability of
the Trustee under this Declaration.
11.4 The Employer shall have the right at all reasonable times during the term of this Declaration and for
three (3) years after the termination of this Declaration to examine, audit, inspect, review, extract informa-
tion from, and copy all books, records, accounts, and other documents of the Trustee relating to this
Declaration and the Trustees' performance hereunder.
ARTICLE XII
Amendment and Termination
12.1 The Employer reserves the right to alter, amend, or (subject to Section 9.1) terminate this Declaration
at any time for any reason without the consent of the Trustee or any other person, provided that no
amendment affecting the r~ghts, duties, or responsibilities of the Trustee shall be adopted without the
execution of the Trustee to the amendment. Any such amendment shall become effective as of the date
provided in the amendment, if requiring the Trustee's execution, or on delivery of the amendment to the
Trustee, if the Trustee's execution is not required.
12.2 Upon termination of this Declaration and upon the satisfaction of all liabilities under the Plan to
provide such benefits, any amount of Employer contributions, plus accrued earnings thereon, remaining
in such separate Accounts must, under the terms of the Plan, be returned to the Employer.
ARTICLE Xlll
Successor Trustees
13.1 The Employer reserves the right to discharge the Trustee for any or no reason, at any time by giving
ninety (90) days' advance written notice.
13.2 The Trustee reserves the right to resign at any time by giving mnety (90) days' advance written notice
to the Employer.
13.3 In the event of discharge or resignation of the Trustee, the Employer may appoint a successor Trus-
tee who shall succeed to all rights, duties, and responsibilities of the former Trustee under th~s Declara-
tion, and the terminated Trustee shall be deemed discharged of all duties under thru Declaration and
responsibilities for the Trust.
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A T!CLEXIV
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ARTICLE XlV
Limited Effect of Plan and Trust
Neither the estabhshment of the Plan and the Trust or any modification thereof, the creation of any fund or
account, nor the payment of any benefits, shall be construed as giving to any person covered under the
Plan or other person any legal or equitable right against the Trustee, the Administrator, the Employer or
any officer or employee thereof, except as may otherwise be expressly provided ~n the Plan or in th~s
Declaration.
ARTICLE XV
Protective Clause
Neither the Administrator, the Employer, nor the Trustee shall be responsible for the validity of any con-
tract of insurance or other arrangement maintained in connection w~th the Plan, or for the failure on the
part of the insurer or provider to make payments provided by such contract, or for the action of any per-
son which may delay payment or render a contract void or unenforceable in whole or in part.
11
VANTAGECARE RETIREMENT HEALTH
SAVINGS PLAN
IN WITNESS WHEREOF, the Employer and the Trustee have executed this Declaration by their respective
duly authorized officers, as of the date first hereinabove mentioned.
EMPLOYER:
By: Title:
TRUSTEES:
By: Title:
By: Title:
By:. Title:
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VANTAGECARE RETIREMENT HEALTH
SAVINGS PLAN
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SAMPLE
RETIREE MEDICAL AND DENTAL EXPENSE REIMBURSEMENT PLAN
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VANTAGECARE
RETIREMENT HEALTH
SAVINGS PLAN
SAMPLE
RETIREE MEDICAL AND DENTAL EXPENSE REIMBURSEMENT PLAN
Article I Preamble
1.01 Establishment of Plan
1.02 Purpose of Plan
Article II Definitions
2,01 "Benefits
2.02 "Code"
2.03 "Dependent"
2.04 "Eligible Medical or Dental Expenses"
2.05 "Employer"
2.06 "Entry Date"
2.07 "Participant"
2:08 "Plan Administrator"
2.09 "Plan Year"
2.10 "Retiree"
2.11 "Spouse"
Article
III Eligibility
3.01 General Requirements
3.02 Termination of Coverage of an Eligible Dependent
Article
IV Amount of Benefits
~,.01 Annual Benefits Provided by the Plan
4.02 Cost of Coverage
Article
V Payment of Benefits
5.01 Eligibility for Benefits
5.02 Claims for Benefits
Article
VI Plan Administration
6.01 Allocation of Authority
6,02
6.03
6.04
6.05
6.06
6.07
6.08
Provision for Third-Party Plan Service Providers
Several Fiduciary Liability
Compensation of Plan Administrator
Bonding
Payment of Administrative Expenses
Timeliness of Payments
Annual Statements
Article
VI Claims Procedure
7.01 Procedure if Benefits are Denied Under the Plan
7.02 Requirement for Written Notice of Claim Denial
7.03 Right to Request Hearing on Benefit Denial
7.04 Disposition of Disputed Claims
7.05 Preservation of Other Remedies
Article
VIII Amendment or Termination of Plan
$.01 Permanency
8.02 Employer's Right to Amend
8.03 Employer's Right to Terminate
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Article
IX General Provisions
9,01 No Employment Rights Conferred
9,02
9.03
9.04
9.05
9.06
9.07
9.08
9.09
9.10
9.11
9.12
9.13
Payments to Beneficiary
Nonalienation of Benefits
Mental or Physical Incompetency
Inability to Locate Payee
Requirement of Proper Forms
Source of Payments
Tax Effects
Multiple Functions
Gender and Number
Headings
Applicable Laws
Severability
19
VANTAGECARE
RETIREMENT HEALTH SAVINGS PLAN
ARTICLE I
Preamble
THIS INSTRUMENT made and published by
"Employer") on the ..... day of ,20
and Dental Expense Reimbursement Plan, as follows:
, creates the
(hereinafter called
Retiree Medical
1.01 Establishment of Plan
The Employer named above hereby establishes a Retiree Medical and Dental Expense Reimbursement
Plan as of the day of ,20 ....
1.02 Purpose of Plan
Th~s Plan has been established to reimburse the eligible Retirees of the Employer for medical and dental
expenses incurred by them, their Spouses and Dependents, pursuant to the Employer's VantageCare
Retirement Health Savings (RHS) Plan.
ARTICLE II
Deft nitions
The following words and phrases as used herein shall have the following meanings, unless a different
meaning is plainly required by the context:
2.01 "Benefits" means any amounts paid to a Participant in the Plan as reimbursement for Eligible Medical
and Dental Expenses incurred by the Participant during a Plan Year by him, his Spouse, or hm Dependents.
2.02 "Code" means the Internal Revenue Code of 1986, as amended.
2.03 "Dependent" means any individual who is a dependent of the Participant within the meaning of Code
Sec. 152.
2.04 "Eligible Medical or Dental Expenses" means those expenses designated by the Employer as eligible
for reimbursement in the VantageCare Retirement Health Savings Plan Adoption Agreement.
2.05 "Employer" means the unit of state or local government creating this Plan, or any affiliate or succes-
sor thereof that likewise adopts this Plan.
2.06 "Entry Date" means the first day the Participant meets the eligibility requirements of Article III as of
such Date.
2.07 "Participant" means any Retiree who has met the eligibility requirements set forth in Article III.
2.08 "Plan Administrator" means the Employer or other person appointed by the Employer who has the
authority and responsibility to manage and d~rect the operation and administration of the Plan.
2.09 "Plan Year" means the annual accounting period of the Plan, which begins on the ~ day of
.... 20 ., and ends on the day of . ,20 , with respect to the first
Plan Year, and thereafter as long as this Plan remains in effect, the period that begins on . ,
and ends on
20
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2.10 "Retiree" means any individual who, while in the service of the Employer, was considered to be in a
legal employer-employee relationship with the Employer for federal withholding tax purposes, and who
was part of the classification of employees designated as covered by the Employer's VantageCare Retire-
ment Health Savings Plan.
2.11 "Spouse" means the Participant's lawful spouse as determined under the laws of the state in which
the Participant has his primary place of residence.
All other defined terms in this Plan shall have the meanings specified in the various Articles of the Plan in
which they appear.
ARTICLE III
Eligibility
3.01 General Requirements
Each Reti'ree who meets the eligibility requirements outlined in the Employer's VantageCare Retirement
Health Savings Plan shall be eligible to participate in this Plan.
3.02. Termination of Coverage of an Eligible Dependent
An Eligible Dependent's coverage shall terminate -
(a) after the death of the Retiree, upon the attainment of age 19 (or 24 for a full time student);
(b)
Notwithstanding (a) above, an Eligible Dependent's coverage shall not cease if the individual is
incapable of self-susta~ning employment by reason of mental or physical handicap and he or
she became handicapped while an Eligible Dependent of the Participant. The account balance
may continue to be utilized to pay Benefits of the individual if he or she qualified as a Depend-
ent of the Participant during the Participant's life, and the Plan has received due proof of
incapacity within 31 days of when the individual's coverage under the Plan would otherwise
terminate. The individual's coverage may be continued as long as the individual remains
incapacitated. The Plan may request proof of the continued existence of such incapacity from
time to time.
ARTICLE IV
Amount of Benefits
4.01 Annual Benefits Provided by the Plan
Each Participant shall be entitled to reimbursement for his documented, Eligible Medical or Dental Ex-
penses incurred during the Plan Year in an annual amount not to exceed the account balance of the Partici-
pant in the Employer's VantageCare Retirement Health Savings Plan.
4.02 Cost of Coverage
The expense of providing the benefits set out in Section 4.01 shall be contributed as outlined in the Em-
ployer's VantageCare Retirement Health Savings Plan.
21
VANTAGECARE
RETIREMENT
HEALTH SAVINGS PLAN
ARTICLE V
Payment of Benefits
5.01 Eligibility for Benefits
(a)
Each Participant in the Plan shall be entitled to a benefit hereunder for all Eligible Medical and
Dental Expenses incurred by the Participant on or after the Entry Date of his or her participa-
tlon, (and after the effective date of the Plan) subject to the limitations contained in Article V,
below, regardless whether the mental or physical condition for which the Participant makes
application for benefits under this Plan was detected, diagnosed, or treated before the Partici-
pant became covered by the Plan.
(b) In order to be eligible for benefits, the Participant must meet the benefit eligibility criteria
outlined in the Employer's VantageCare Retirement Health Savings Plan Adoption Agreement.
(c)
A Participant who becomes totally and permanently disabled (as defined by the Social Security
Administration) will become immediately ehgible to receive medical benefit payments from the
Plan. Pursuant to Section 9.02 and Employer's VantageCare Retirement Health Savings Plan
Adoption Agreement, the surviving Spouse and Eligible Dependents shall become immediately
eligible to receive or to continue receiving medical benefit payments from the Plan upon the
death of the Participant.
5.02 Claims for Benefits
No benefit shall be paid hereunder unless a Participant has first submitted a written claim for benefits to
the Plan Administrator on a form specified by the Plan Administrator, and pursuant to the procedures set
out in Article VI, below. Upon receipt of a properly documented claim, the Plan Administrator shall pay the
Participant the benefits provided under this Plan as soon as is administratively feasible.
ARTICLE VI
Plan Administration
6.01 Allocation of Authority
The Employer shall control and manage the operation and Administration of the Plan. The Employer shall
have the exclusive right to interpret the Plan and to decide all matters arising thereunder, including the
right to remedy possible ambiguities, inconsistencies, or omissions. All determinations of the Employer
with respect to any matter hereunder shall be conclusive and binding on all persons.
Without limiting the generality of the foregoing, the Employer shall have the following powers and duties:
(al To decide on questions concerning the Plan and the eligibility of any Employee to participate in
the Plan, in accordance with the provisions of the Plan;
(b)
To determine the amount of benefits that shall be payable to any person in accordance with the
provisions of the Plan; to inform the Plan Admimstrator, as appropriate, of the amount of such
Benefits; and to provide a full and fair review to any Participant whose claim for benefits has
been denied in whole or in part; and
(c) To designate other persons to carry out any duty or power which would otherwise be a fiduci-
ary responsibility of the Plan Admimstrator, under the terms of the Plan.
22
RETAIN BOOKLET
(d) To require any person to furnish such reasonable ~nformatmn as it may request for the purpose
of the proper administration of the Plan as a condition to receiving any benefits under the Plan;
(el To make and enforce such rules and regulations and prescribe the use of such forms as he
shall deem necessary for the efficient admimstration of the Plan.
6.02 Provision for Third-Party Plan Service Providers
The Plan Administrator, subject to approval of the Employer, may employ the services of such persons as
it may deem necessary or desirable in connection operation of the Plan. The Plan Administrator, the
Employer (and any person to whom it may delegate any duty or power in connection w~th the administra-
tion of the Plan), and all persons connected therewith may rely upon all tables, valuations, certificates,
reports and opimons furnished by any duly appointed actuary, accountant, (including Employees who are
actuaries or accountants), consultant, third party admimstration service provider, legal counsel, or other
specialist, and they shall be fully protected in respect to any action taken or permitted in good faith m
reliance thereon. All actions so taken or permitted shall be conclusive and binding as to all persons.
6.03 Several fiduciary Uability
To the extent permitted by law, neither the Plan Administrator nor any other person shall incur any liability
for any acts or for failure to act except for his own willful misconduct or willful breach of this Plan.
6.04 Compensation of Plan Administrator
Unless otherwise agreed to by the Board, the Plan Administrator shall serve without compensation for
services rendered in such capacity, but all reasonable expenses incurred in the performance of his duties
shall be paid by the Employer.
6.05 Bonding
Unless otherwise determined by the Employer, or unless required by any Federal or State law, the Plan
Administrator shall not be required to give any bond or other security in any jurisdiction in connection
with the administration of this Plan.
6.06 Payment of Administrative Expenses
All reasonable expenses incurred in administering the Plan, including but not limited to administrative
fees and expenses owing to any third party administrative service provider, actuary, consultant, account-
ant, attorney, specialist, or other person or organization that may be employed by the Plan Administrator
in connection with the administration thereof, shall be paid by the Employer, provided, however that each
Participant shall bear the monthly cost (if any) charged by a third party admimstrator for maintenance of
h~s Benefit Account unless otherwise paid by the Employer.
6.07 Timeliness of Payments
Payments shall be made as soon as administratively feasible after the required forms and documentation
have been received by the Plan Administrator.
6.08 Annual Statements
The Plan Administrator shall furnish each Participant with an annual statement of his medical and dental
expense reimbursement account w~thin ninety (90) days after the close of each Plan Year.
23
VANTAGECARE
RETIREMENT
HEALTH
SAVINGS PLAN
ARTICLE VII
Claims Procedure
7.01 Procedure if Benefits are Denied Under the Plan
Any Participant, Spouse or Eligible Dependent, or his duly authorized representative may file a claim for a
plan benefit to which the claimant believes that he is entitled. Such a claim must be in writing on a form
provided by the Plan Administrator and delivered to the Plan Admimstrator, in person or by mail, postage
paid. Within -thirty (30) days after receipt of such claim, the Plan Administrator shall send to the claimant,
by mail, postage prepaid, notice of the granting or denying, in whole or in part, of such claim, unless
special circumstances require an extension of time for processing the claim. In no event may the exten-
sion exceed ninety (90) days from the end of the initial period. If such extension is necessary, the claimant
will be given a written notice to this effect prior to the expiration of the initial 30-day period. The Plan
Administrator shall have full discretion to deny or grant a claim in whole or in part. If notice of the denial
of a claim is not furnished in accordance with this Section, the claim shall be deemed denied and the
claimant shall be permitted to exercise his r~ght to review pursuant to Sections 7.03 and 7.04.
7.02 Requirement for Written Notice of Claim Denial
The Plan Administrator shall provide, to every claimant who is denied a claim for benefits, written notice
setting forth in a manner calculated to be understood by the claimant:
(a) The specific reason or reasons for the denial;
(b) Specific reference to pertinent Plan provisions on which the denial is based;
(c) A description of any additional material of information necessary for the claimant to perfect the
claim and an explanation of why such material is necessary, and
(d) An explanation of the Plan's claim review procedure.
7.03 Right to Request Hearing on Benefit Denial
Within sixty (60) days after the receipt by the claimant of written notification of the denial (in whole or in
part) of his claim, the claimant or his duly authorized representative, upon written application to the Plan
Administrator, in person or by certified mail, postage prepaid, may request a review of such denial, may
review pertinent documents, and may submit issues and comments ;n writing.
7.04 Disposition of Disputed Claims
Upon its receipt of notice of a request for review, the Plan Administrator shall make a prompt decision on
the review. The decision on review shall be written in a manner calculated to be understood by the claim-
ant and shall include specific reasons for the decision and specific references to the pertinent plan provi-
sions on which the decision is based. The decision on review shall be made not later than sixty (60) days
after the Plan Administrator's receipt of a request for a review, unless special circumstances require an
extension of time for processing, in wh;ch case a decision shall be rendered not later than one hundred-
twenty (120) days after receipt of a request for review. If an extension is necessary, the claimant shall be
given written notice of the extension prior to the exp;ration of the initial sixty (60) day period. If notice of
the decision on the review is not furnished in accordance with this Section, the claim shall be deemed
demed and the claimant shall be permitted to exercise his right to legal remedy pursuant to Section 7.05.
7.05 Preservation of Other Remedies
After exhaustion of the claims procedures provided under this Plan, nothing shall prevent any person from
pursuing any other legal or equitable remedy otherwise available.
24
RETAIN BOOKLET
ARTICLE VIII
A~nendment or Termination of Plan
8.01 Permanency
While the Employer fully expects that this Plan will continue indefinitely, due to unforeseen, future busi-
ness contingencies, permanency of the Plan will be subject to the Employer's right to amend or terminate
the Plan, as provided ~n Sections 8.02 and 8.03, below.
8.02 Employer's Right to Amend
The Employer reserves the right to amend the Plan at any time and from time-to-time, and retroactively if
deemed necessary or appropriate to meet the requirements of the Code, or any s~milar provisions of
subsequent revenue or other laws, or the rules and regulations in effect under any of such laws or to
conform with governmental regulations or other policies, to modify or amend in whole or in part any or all
of the prowsions of the Plan.
8.03 Eml~loyer's Right to Terminate
The Employer reserves the right to discontinue or terminate the Plan at any time without prejudice.
ARTICLE IX
General Provisions
9.01 No Employment Rights Conferred
Neither this Plan nor any action taken with respect to it shall confer upon any person the right to be con-
tinued in the employment of the Employer.
9.02 Payments to Beneficiary
Any benefits otherwise payable to a Participant following the date of death of such Participant shall be
paid as outlined in the Employer's VantageCare Retirement Health Savings Plan Adoption Agreement.
9.03 Nonalienation of Benefits
No benefit under the Plan shall be subject in any manner to anticipation, alienation, sale, transfer, assign-
ment, pledge, encumbrance or charge, and any attempt to do so shall be void. No benefit under the Plan
shall in any manner be liable for or subject to the debts, contracts, liabilities, engagements or torts of any
person. If any person entitled to benefits under the Plan becomes bankrupt or attempts to anticipate,
alienate, ~le~l, transfer, assign, pledge, encumber or charge any benefit under the Plan, or if any attempt is
made to subject any such benefit to the debts, contracts, liabilities, engagements or torts of the person
entitled to any such benefit, except as specifically provided in the Plan, then such benefit shall cease and
terminate in the discretion of the Plan Administrator, and he may hold or apply the same or any part
thereof to the benefit of any dependent or beneficiary of such person, in such manner and proportion as
he may deem proper.
9.04 Mental or Physical Incompetency
If the Plan Administrator determines that any person entitled to payments under the Plan is incompetent
by reason of physical or mental disability, he may cause all payments thereafter becoming due to such
person to be made to any other person for h~s benefit, without responsibility to follow the application of
amounts so paid. Payments made pursuant to this Section shall completely discharge the Plan Admmis-
trator and the Employer.
25
VANTAGE. CARE RETIREMENT HEALTH
SAVINGS PLAN
9.05 Inability to Locate Payee
If the Plan Administrator is unable to make payment to any Participant or other person to whom a pay-
ment is due under the Plan because he cannot ascertain the identity or whereabouts of such Participant or
other person after reasonable efforts have been made to identify or locate such person (including a notice
of the payment so due mailed to the last known address of such Participant or other person as shown on
the records of the Employer), such payment and all subsequent payments otherwise due to such Partici-
pant or other person shall be escheated under the laws of the State of the last known address of the
Participant or other persons eligible for benefits.
9.06 Requirement of Proper Forms
All communications in connection with the Plan made by a Participant shall become effective only when
duly executed on forms provided by and filed with the Plan Administrator.
9.07 Source of Payments
The Employer shall be the sole source of benefits under the Plan. No Employee or beneficiary shall have
any right.to, or interest in, any assets of the Employer upon termination of employment or otherwise,
except as provided from time to time under the Plan, and then only to the extent of the benefits payable
under the Plan to such Employee or beneficiary.
9,08 Tax Effects
Neither the Employer nor the Plan Administrator makes any warranty or other representation as to
whether any payments received by a Participant hereunder will be treated as includible in gross income
for federal or state income tax purposes.
9.09 Multiple Functions
Any person or group of persons may serve in more than one fiduciary capacity with respect to the Plan.
9.10 Gender and Number
Masculine pronouns include the feminine as well as the neuter gender, and the singular shall include the
plural, unless indicated otherwise by the context.
9.11 Headings
The Article and Section headings contained herein are for convenience of reference only, and shall not be
construed as defining or limiting the matter contained thereunder.
9.12 Applicable Laws
The provisions of the Plan shall be construed, administered and enforced according to the laws of the
State of
9.13 Severability
Should any part of this Plan subsequently be invalidated by a court of competent jurisdiction, the remain-
der thereof shall be given effect to the maximum extent possible.
26
RETAIN BOOKLET
IN WITNESS WHEREOF, we have executed this Plan Agreement the date and year first written above.
(Employer)
By:
ATTEST
Secretary
27
ICMA RETIREMENT CORPORATION
777 North Capitol Street, NE
Washington, DC 20002
1-800-326-7272
www. icmarc.org
BKTO00-O06-200205
VantageCare Retirement Health Savings Program
A
Process for Adoption and Implementation and
Preview of Plan Design Options
The process for adoption and implementation of a VantageCare Retirement Health Savings (RHS) Program is
designed to be as streamlined as possible. With all the features available to employers, ICMA Retirement
Corporation (ICMA-RC) knows that you will have questions concerning plan options and how the adoption process
works. Your ICMA-RC Retirement Plan Specialist is the best starting point for your questions about the adoption and
implementation of RHS.
Following the steps below will ensure an orderly adoption process:
Speak with an ICMA-RC Retirement Plan Specialist
and review the benefits and features of the RHS pro-
gram. Determine how they may apply to your cur-
rent needs and capabilities. If you have technical
questions, you may be referred to an RHS Technical
Expert in the Corporate Office.
Meet with covered employee groups as appropriate.
These may include collective bargaining groups.
Arrive at a preliminary decision on the following
(more information on the breadth of your choice is
shown on the back of this page):
a. Covered groups.
b. Contributions to be made.
c. Eligibility for benefits.
d. Medical benefits to be reimbursed.
Notify your Retirement Plan Specialist when you are
ready to proceed and have the relevant adoption
materials provided to you for your consideration.
ICMA-RC supplies you the Return and Retain
Booklets. These booklets contain all materials neces-
sary to adopt the plan, and an amendment to the
Administrative Services Agreement containing fee
information.
Specifically, the Return Booklet contains:
a. Suggested Adoption Resolution - Adopted by
your governing body, if you require this action.
b. Employer VantageCare Retirement Health
Savings Plan Adoption Agreement - Details your
selection of options available within the
Program (see back of this page).
c. VantageCare Retirement Health Savings Plan
Implementation Data Form - Gives ICMA-RC the
contact information necessary to set up your
plan.
d. Administrative Services Agreement Addendum -
Requires execution to detail the agreement
between you and ICMA-RC for the plan's admin-
istration.
The Retain Booklet contains:
a. Model Trust Agreement- Required element for
plan; you may adopt this trust document or one
of your own design.
b. Private Letter Ruling - a copy of the IRS ruling
on the initial employer's plan.
c. Sample Welfare Benefit Plan - A writ'ten plan is
required to be in place in order to offer tax-
advantaged benefits.
ICMA RETIREMENT CORPORATION
The Pu~t~c Sector Exl~ert
o
Finalize your plan features and complete all the doc-
uments in the Return Booklet. Verify that you have
adopted a Trust and have a written welfare benefit
plan. Sign the Admimstrative Services Agreement.
Return this package to ICMA-RC.
ICMA-RC sends you an Acceptance Letter and sam-
ple RHS Plan Announcement Letter detailing the
specific features of your plan for your employees.
Your employees are introduced to the plan and its
features and complete enrollment forms.
You enroll the participants electronically and begin
to transmit data and contributions to ICMA-RC via
EZ Link.
Plan Design Options
Your introduction to the features in the program is
included in the VantageCare RHS Employer Question
and Answer Brochure. The specific language for adopt-
ing the features of the program will be provided to you
by your Retirement Plan Specialist in the RHS Return
Booklet, sent to you after you express interest in contin-
uing the adoption process.
The specific items that appear in the Adoption
Agreement give you the opportuniW to tailor the plan to
your needs. The following options are available:
· Effective Date of the Plan - You may g~ve the plan
an effective date that matches your collective bar-
gaining agreement or that coincides with your fund-
ing cycle.
· Eligible Groups - You may name eligible groups that
cover all employees, separately bargained groups,
or other designated groups. One plan may cover all
of your employees, or you may have separate plans
with different features for different groups.*
· Mandatory/Elective Participation - Employer deter-
mines whether employees in the covered group
must participate or may elect participation on a one-
time irrevocable basis.*
· Contributions - Overall participant contribution limit
may be specified.
May include any or all of the following:
· Mandatory Contributions
Direct employer contributions of a percent-
age of salary* or fixed dollar amount per
participant.
Mandatory employee contributions of a per-
centage of salary* or fixed dollar amount.
Mandatory employee contribution of accrued
sick, vacation, and/or other leave on sched-
ule determined by employer.*
· Employee Elective Contributions
Voluntary after-tax contributions up to 25%
of total contributions.
One-time irrevocable election for ongoing
pre-tax contributions of compensation
and/or accrued sick, vacation, and/or other
leave.*
Annual election of sick, vacation, and/or
other leave accruing in the following calen-
dar year.*
Vesting - The employer may adopt a vesting sched-
ule for direct employer contributions.
Forfeiture - The employer determines how forfeited
funds are applied if a vesting schedule is estab-
lished.
Eligibility - Eligibility may be any combination of
retirement, separation from service, and age speci-
fied by the employer.
Medical Benefits - Employer chooses all or specific
medical expenses from those permitted by the IRS
for medical expense deductions.
Death Benefits - Employer chooses whether the
account is transferred to a surviving spouse/eligible
dependent for use for eligible medical expenses on
a tax-free basis or the account is paid out to a desig-
nated beneficiary. In either case, the assets do not
revert to the trust in the event that a participant has
no spouse/eligible dependent.
Severance Benefit - Employer can choose to have
the account paid out to the participant on separation
from service if the participant is not eligible for ben-
efits at that time.
Clearly, the choices the VantageCare RH$ program pro-
vides you with will accommodate a wide range of plan
designs. Funding formulas may be complex so long as
the employer is able to administer them. Examples of
employer contribution formulas are included in the
Employer Retirement Health Savings Question and
Answer Brochure.
Refer to the VantageCare RHS Employer Question
and Answer Brochure for information regarding
possible application of welfare plan nondiscrimina-
tion rules.
777 North Capttol Street, NE, Washington, DC 20002-4240 · 1-800-299-9249 · www.~cmarc.org
FLY000-094-200206
VantageCare Retirement Health Savings Plan
Money Market Fund MW
US Govenment Securmes Fund* MT
Asset Allocation Fund ...... MP
Equ~t7 Income Fund ... MM
Growth & Income Fund ....... MJ
Growth Fund ........... MG
Aggressive Opportumtles Fund .......... MA
International Fund ................. MO
Core Bond Index Fund WM
500 Stock Index Fund WJ
Broad Market Index Fund . WG
M~d/Small Company Index Fund WP
Overseas Equity Index Fund ..... W8
Savings Oriented (Code SF)
5% International Fun~,i
10% Growth & Income FunI
10% F_qu~W Income Fund ~
I0% US Government ~ /'
Secumles Fund* ~
65% Income Preservation
Fund
Long-Term Growth (Code SM)
)0% lntemat~onal Fund
5% Overseas j 20% Core Bond Index Fund
Index Fund
15% Aggressive 10% Equm¢ income
Fund
Fund
20% Growth &
20% Growth Fund
Income Fund
Conservative Growth (Code S G )
5% International Fund
5% Aggressive Opportunmes Fund
10% Growth Fun~
t0% Growth &
Income Fund
10% Equity Income Fund
50% income Preservation
Fund
10% Core Bond Index Fund
Ail-Equity Growth (Code SP)
20% International Fund -, j 15% Equity Income Fund
20% Aggressive
Opportumties
Fund
20% Growth &
- Income Fund
25% Growth Fund
Traditional Growth (Code SL)
10% International Fund
10% Aggressive
j30% Income Preservation
Opportunities
Fund
15% Growth Fund
Core Bond index Fund
15% Growth &
Income Fund 10% Equity income Fund
Renamed from U S i'reasun/Securme$ Fund, as of Oecomber I, Z001
Th~s page d~splays each of the Model Portfoho funds avadabie to ICMA
Retirement Corporation participants Vantagepomt secunt~ee are d~stnb-
uted by ICMA-RC Services, LLC, a controlled broker-dealer affihate of
ICMA-RC. member NASD/SIPC For complete details on funds, including
charges and expenses call 1-$00-669-7400 to obtain the Vantagepo~nt
Funds Prospectus Please read ~t carefully before ~nvestmg
ICMA RETIREMENT CORPORATION
The Pubhc Sector Exper~
777 North Cap~tol Street, NE
Washington, DC 20002-4240
1-800-669-7400
Para asistencla en Espahol Iiame aI 1-800-669-8216
www. icmarc.org
FLYOOO-O24-2002OG-C32~
Actively Managed Funds
Money Market Fund
US Government Securittes Fund*
Asset Allocation Fend
Equity Income Fund
Growth & Income Fund
Growth Fund
~reservatlon al ca~ltat, hquldd¥, and a pOSltWe
lotal return each month
H~gh level of protection against credit risk. and long term camtal
appreciation, pnmard¥ throt~gn re~nvestment of periodic ~ncome
Long-Term COOl[at aporecTatlon with Jess rTsk than a gor~oho
contsnmg all stacks
Long-term total return, primarily through remvestment of
current raceme
Long-term tarot return Jrom both CapltaJ appraoat~on and
current mcame
Long-term capital appreaat~on due to price gain
Aggressive Opportunities
Fund
International Fund
H~gh long-term capital appreciation
Long-term cap,tel appreciation and dwers~bcau(~*] by
investing m fore~gn compames
Money market and a vorle~/of short term fixed
income securities
U S ]'reasur¥ and agency securities
S(ocks. bonds, and cash m proportions determined by
each subadwser's assessment el market oond;tlons
Common stocks of estabitshed coral]ames [~at pay
dwidends
Common stocks of compames wd'h good potential [or cap,tel
appreoa(~on, emphas~z~ncj those that may also pay dw~dends
0ommon stocks of core,ames w~th above-average
~otennal for earmngs growth
Common stocks of small- to medium-sized domestic
and foreign compames
Stocks of coml~ames headquartered outside
the Umted States
Low
Low Io moderate, SUbleCt to
changes ~n ~nterest ra~es
Moderate
Jl J,,l Iii jI[~E~ J~i~] f..~ iIlil'
Moderate
Average
Above average
S~gmhcant
S~gmhcant
500 Stock Index Fund
Broad Market Index Fund
Mid/Small Company Index
Fund
Over,dos Equ~ Index Fund
Index Fund Series
I ~ ):4 q,al,,[~[,l,,d:l =Ih, Il Il, j,l ~,1 i,,,I ~,,I (.l:~i ~j I j,j
Core Bond Index Fund Long-term camtal aBprec~a[~onr primarily ~hrough
relnves[men[ of periodic tncome
Long-term cap,tel apprec,a~ron re~l~mg the ~arge-
cam[al~zat~on segmem of the U S stock marke~
Long-term cap,tel ap~ec~at~on mfl~tm9 ~he bmod
U S stock ma~e~
Long-term ~p~tal appreciation reflecting the m~um- to
small-cap~ahza~on segment of me U S stock ma~e~
Long-term cap,tel a~r~a~on and d~vers~flca~on by
mves~ln9 m formgn companies
Bonds are chosen to replicate The characteristics of the
Lehman Brothers Government/Corporate Bond Index
Stocks are chosen To fully rephcate the Standard & Poor's
500 Index
Stocks are chosen to rephcate the characteristics dj the
Wdsh~ra 5000 Index
Stocks are chosen to rephcate the characteristics of the
Wdsh~re 4500 Index
Stocks are chosen to rephcate the charactenst~cs et The
Morgan Stanley Cap,tel International F. AFE Free Index
Moderate. SUblect to changes
m ,nterest rates
Moderate
Moderate to above average
S~9mflcant
S~gmflcaot
Model Portfolio Funds (comprised of Vantagepoint Funds)
I fr~ [,I ~l :l I t,t~] ;I I ;[~Jll j~
Savings Oriented
Conservative Growth
Preservation of prmc~gal. ~easonabte current ~ncome. and
some growth of pn~Qpal w~th minimal risk
Reasonable current income and 8 modest emphasis on
growth of prmapai
Moderate capital growth and reasonable current income
Traditional Growth
Long-Tefl~ Growth Growth of pnnc~al
Hrgh long-term cap,tel grov~h
AII-EquiWGrowth
5% VP International Fund. 10% VP Growth & Income
Fund. 10% VP Equity Income Fund. ~0% VP US
Government Socurmes Fund'. 65% Vantagepo~nt
Income Preservation Fund
5% VP Internatmnal Fund. 5% VP Aggrosswe
Opportun,tles Fund, 10% VP Growth Fund, 10% VP
Growth & Income Fund, 10% VP Equity Income Fund.
10% VP Core Bond Index Fund, 50% Vantagepomt
Income Preservation Fund
10% V? Internatmnai Fund. 10% VP Aggressive
Opportumt~es Fund. 15% VP Growth Fund. 15% VP
Growth & income Fund. 10% VP Equ,w Income Fund.
10% VP Core Bond Index Fund. 30% Vantagepomt
Income Preservation Fund
10% VP International Fund, 5% VP Overseas Equ~L,/Index
Fund. 15% VP Aggressive Opportunmes Fund. 20% VP
Growth Fund. 20% VP Growth & Income Fund, 10% VP
Equm/Income Fund. 20% VP Core Bond index Fund
20% VP Internat~onaJ Fund, 15% V? Equity Income
Fund. 20% VP Growth & Income Fund. 25% VP Growth
Fund. 20% Vi) Aggrasswe Oapor~unmes Fund
Renamed from U $ Treasu,~/Secunnes Fund. as of December 1 2001
[I j~,l I[lljt [p/,.1 I¥i~] IF:~l Il I I I'
Low
Moderate
Moderate
Above average to s~gmflcant
Above average to significant
Instructions for Completing the VantageCare Retirement Health Savings Plan
Implementation Data Form
Please ensure that each section of this form is completed before returning it to ICMA-RC along
with the other RHS Plan adoption materials. You may contact Employer Services at 1-800-326-
7272 if you have questions.
The following list of designations should help you while completing the Implementation Data
Form:
5. Primary Contact/Plan Coordinator
This person is responsible for the day-to-day administration and processing of RHS transactions.
This is the person we call if general questions arise concerning your RHS Plan. ICMA-RCwill
also call this person regarding all EZ L~nk transmission questions with the exception of questions
regarding contributions.
16. Payroll Contact
This person(s) will be responsible for coordinating with Zenith Administrators, Inc.
19. Contribution Contact
This person is responsible for sending contributions to ICMA-RC. If there are discrepancies in
the actual EFT, check or wire amounts and the corresponding detail transmitted via EZ Link, this
is the person we will contact to resolve the issue. This person should have access to all payroll/
contribution information to ensure efficient processing of contributions.
20. Trustee
The title of this person is design.ated in the resolution, if required by state or local law. If a differ-
ent person obtains the same title, you may use this form to update the name change. If your
state or local law requires a resolution, you must have your legislative body pass a new resolu-
tion to update the title of the person designated as Trustee. This person will receive all quarterly
statements as well as confirmations for each contribution received and confirmations for all
reinvested dividends.
21. Billing (Fees)
If ICMA-RC charges any employer paid fees to your account, this person will receive the in-
voices.
19
USING THE VANTAGECARE RETIREMENT HEALTH SAVINGS PLAN RETURN BOOKLET
This is one of two booklets conta~mng ~nformation needed to estabhsh your VantageCare Retirement Health Savings
(RHS) Plan with the ICMA Retirement Corporation {ICMA-RC).
This booklet includes:
· Suggested Resolution for Adoption of the VantageCare Retirement Health Savings Plan
· Employer VantageCare Retirement Health Savings Plan Adoption Agreement
· VantageCare Retirement Health Savings Plan Implementation Data Form
· Admimstrative Services Agreement Addendum for the RHS Plan prepared for employers expecting to
adopt the Plan
Please return the following to ICMA-RC using the envelope provided:
OA copy of the approved and executed Suggested Resolution (if required).
Your governing body may require the execution of a Resolution to adopt the RHS Plan. If so, you may use
this model Resolution. Please execute the Resolution and return a copy to ICMA-RC along with the other
forms in this Return Booklet.
If a Resolution is not required, please inform your VantageCare Retirement Health Savings Plan New
Business Analyst at 1-800-326-7272.
Theoriginal completed Agreement.
RHS
Adoption
Detailed instructions for completion of the Adoption Agreement follow. You may wish to consult with your
ICMA-RC Retirement Plan Specialist and your benefits counsel on the various choices in the Adoption
Agreement.
If your governing body requires the execution of this Adoption Agreement at the same time as the Sug-
gested Resolution, please execute it prior to returning it to ICMA-RC along with the other forms in this
Return Booklet.
.The original completed RHS Implementation Data Form.
This form provides ICMA-RC with the necessary contact information in order to set up your new
VantageCare Retirement Health Savings Plan.
4. Two executed originals of the Administrative Services Agreement Addendum.
Please execute both copmes of the Administrative Services Agreement Addendum and return them to
ICMA-RC along with the other forms in this Return Booklet.
Please note
Upon receipt and processing of your Return Booklet, ICMA-RC will send you a written Notice of Plan Acceptance, an
executed copy of the Administrative Services Agreement Addendum, employee enrollment kits including an em-
ployee RHS announcement letter, and complete instructions for submitting contributions that may also be found in
Chapter Three of the VantageCare Retirement Health Savings Plan Employer Manual.
For assistance
Please contact the VantageCare Retirement Health Savings Plan New Bus~ness Analyst at 1-800-326-7272.
Please note that the information in this booklet and the documents herein take into account only the
federal tax rules related to ICMA-RC's VantageCare Retirement Health Savings Plan. Prior to imple-
menting an RHS plan, the employer is responsible for determining that there are no state or local
laws that would prohibit it from offering the plan to its employees. The employer must also deter-
mine that the options it selects in the VantageCare Retirement Health Savings Plan Adoption Agree-
ment fall within state/local requirements.
SUGGESTED RESOLUTION FOR ADOPTION OF THE
VANTAGECARE RETIREMENT HEALTH SAVINGS (RHS) PROGRAM
State: ~'~.~,-~ c~,
Resolution of the above-named Employer (the "Employer"):
WHEREAS, the Employer has employees rendering valuable services; and
WHEREAS, the establishment of a retiree health savings plan for such employees serves the interests of
the Employer by enabling it to provide reasonable security regarding such employees' health needs
during retirement, by providing increased flexibility in its personnel management system, and by assisting
in the attraction and retention of competent personnel; and
WHEREAS, the Employer has determined that the establishment of the retiree health savings plan (the
"Plan") serves the above objectives;
NOW, TH~=REFORE BE IT RESOLVED, that the Employer hereby adopts the Plan in the form of the ICMA
Retirement Corporation's VantageCar~ Retirement Health Savings program.
BE IT FURTHER RESOLVED that the assets of the Plan shall be held in trust, with the Employer serving as
trustee, for the exclusive benefit of Plan participants and their beneficiaries, and the assets of the Plan
shall not be diverted to any other purpose prior to the satisfaction of all liabilities of the Plan. The Em-
ployer has executed the Declaration of Trust of the ~,-r~ m~ -~E~.~.~'~ [~(name of Employer)
integral Part Trust ~n the form of: (Select one)
The model trust made, available by the ICMA Retirement Corporation
The trust provided by the Employer (executed copy attached hereto).
BE IT FURTHER RESOLVED, that the F; ~r~- .[~ ~ ~.~.c~--~,~._ (use title of Employer's official, not
name) shall be the coordinator and contact for the Plan and shall receive necessary reports, notices, etc.
I, , Clerk of the (City, County, etc.) of
do hereby certify that the foregoing resolution, proposed by (Council Member, Trustee, etc.)
, was duly passed and adopted in the )Council, Board,
etc.) of the (City, County, etc.) of
meeting thereof assembled this ~ day of ,20 , by the following vote:
AYES:
NAYS:
ABSENT:
at a regular
(Seal)
Clerk of the (City, County, etc.)
Instructions For Completing The Employer VantageCare Retirement Health
Savings Plan Adoption Agreement
The Employer VantageCare Retirement Health Savings (RHS) Plan Adoption Agreement specifies the
details of how your RHS Plan will operate. For example, the adoption agreement details employee eligibil-
ity requirements, sources of contributions, the level of contributions, vesting provisions (if any), the types
of benefits that will be funded by the RHS Trust, and procedures to be followed in case of the death of the
employee. The following instructions outline how the adoption agreement should be completed. Any
questions regarding the adoption agreement can be directed to your ICMA-RC Retirement Plan Specialist.
You may also wish to consult with your benefits counsel.
Employer Name - Enter the official name of the employer sponsoring the RHS Plan (e.g. City of
Anytown, State).
Ill. Effective Date of the Plan - Enter the date your RHS Plan will become effective.
IV. Welfare Plan - Enter the name(s) of the employee welfare benefit plan(s) that will be funded through
the RH"S Plan. If you do not already have a retiree welfare plan in place, a sample plan is provided in
the VantageCare Retirement Health Savings Plan Retain Booklet.
Your welfare plan document(s) identifies the underlying benefits available to the retiree such as medi-
cal, dental and long-term care coverage. It can be a simple document, but it must be in writing in
order for your employees to enjoy tax-free treatment of the benefits they receive.
V. Eligible Groups and Participant Eligibility Requirements
A. ~lioible Grouos: This sectior) is used to designate the employee group(s) that are covered under
your RHS Plan. If you intend to'~rovide different benefits to different groups of employees, you
should establish distinct RHS Plans and complete a separate adoption agreement for each group.
Please note that if your RHS Plan covers non-collectively bargained employees, AND if it provides for
reimbursement of any medical expenses other than insurance premiums, the welfare plan nondis-
crimination rules will apply. More ~nformation regarding these rules is available in the VantageCare
Retirement Health Savings Plan Questions And Answers For Employers and the VantageCare Retire-
ment Health Savings Plan Employer Manual.
The coverage group specified in your adoption agreement must correspond to a group of the same
designation that is defined in the statutes, ordinances, rules, regulations, personnel manuals or other
material in effect in your state or locality.
Irrevocable Election to Participate: Unless you check this box, all employees in the eligibility group(s)
you designate must participate in the RHS program.
If you desire, you may allow your employees to make a one-time irrevocable election to participate in
the RHS program by checking the Irrevocable Election box. Employees in the designated eligibility
group(s) will be allowed to elect to participate in the program on an irrevocable basis.
For newly eligible employees, you may allow an election window of no more than 60 days from the
date of initial eligibility during which they may make the election to participate. Participation may
begin no earlier than the calendar month following the end of the election window. If the employee
does not make the electLon in the year of initial eligibility, the election to participate may be made in a
later year. You may provide an annual election window of no more than 60 days during which these
employees may make their elections. Participation may not begin until the following calendar year for
employees that wait until a later year to make their participation election. In either case, the election
may not be revoked.
VI.
Employees that do not elect to participate in RHS will not be eligible to receive direct employer contd-
butions or to make employee contributions (mandatory or elective).
If you do not check this box, all employees in the covered group (current employees and future hires)
will be required to participate in the RHS program.
Note that the RHS plan upon which the VantageCare RHS IRS private letter ruling was based did not
include elective employee participation (see shaded port, on of the Adoption Agreement). However,
ICMA-RC has obtained the opinion of P3ounsel that this feature should be allowed as long as the re-
quirements outlined in the RHS Declaration of Trust and this Adoption Agreement are met. You may
wish to discuss this feature with your own benefits counsel. Any questions regarding this feature of
the RHS program can be directed to your ICMA-RC Retirement Plan Specialist.
B. Participant Eligibility: If desired, you may specify a minimum period of service (e.g. 6 months)
and/or minimum age (e.g. age 21) requirement.
Contribution Sources and Amounts - This section outlines the amount and types of contributions to
your RHS Plan.
A. Direct Emolover Contributions and Mandatory EmDIovee Contributions
You, as the employer, may choose to make
direct employer contributions of a specific amount or percentage of earnings (as defined by you in
this section),
mandatory contributions of,accumulated unused leave,
[.
mandatory contributions of employee compensation, or
combination of the above.
Your selection is made in Section VI.A. of the Adoption Agreement. Use Section VI.A.1. to define your
direct employer contribution formula. Use Sections VI.A.2. and 3. to define your mandatory accrued
leave or compensation contribution requirements.
Direct employer contributions
Direct employer contributions can be made as either a specific dollar amount or a percentage of
earnings.
Please note that this definition of earnings is referred to in other sections of the Adoption
Agreement. You may need to complete the definition of earnings even if you do not
choose to make direct employer contributions.
Mandatory contributions of employee compensation and accumulated leave
Mandatory contributions can be used as a way to share responsibility for funding your retirement
health plan with your employees. Mandatory compensation contributions may take the form of either
a reduction in salary (e.g., 1% of compensation is contributed to the Trust) or a decrease in the annual
pay plan or merit increase (e.g., 1% of a 3% pay plan adjustment is contributed to the Trust). For
mandatory contributions of both compensation and leave, no FICA or income tax are payable at the
time of contribution, and, if used for medical expenses, no FICA or income tax are payable at d~stribu-
tion.
Mandatory contributions of employee compensation or accrued leave are established by the employer
- ~mplovees may not choose whether or not to make these contributions and they may not revise the
contribution amount. The employer can establish an unused leave or compensation contribution
formula that best fits the needs of its covered employees. For example, the employer might require all
accumulated leave in excess of a certain number of hours to be contributed to the RHS Plan on an
annual basis.
Note that direct employer contributions made as a percentage of earnings, mandatory contributions of
employee compensation that are made as a percentage of earmngs, as well as mandatory contribu-
tions of accumulated leave, may be subject to nondiscrimination testing. See the d~scussion in the
VantageCare Retirement Health Savings Plan Questions And Answers For Employers and the
VantageCare Retirement Health Savings Plan Employer Manual, or contact your benefits counsel.
B. Employee Elective Contributions
In addition, you may also choose to allow your employees
~' to elect to make voluntary after-tax contributions,
v' to ~nake a one-time irrevocable election of the amount of their compensation that will be contrib-
uted on an ongoing basis to your RHS Plan as an employer contribution,
~' to make a one-time irrevocable election of the amount of their accrued leave that will be contrib-
uted (generally at retirement) to your RHS Plan as an employer contribution,
v' to make an annual, irrevocable election to have all or a portion of their leave accruing in the next
calendar year contributed to your RHS Plan as an employer contribution, or
combination of the above.~,
If you desire to allow after-tax contributions or irrevocable employee elections described above,
complete Section VI.B. See immediately below for additional information regarding each of these
contribution types.
Note that the RHS plan upon which the VantageCare RHS IRS private letter ruling was based did not
include elective employee contributions (see shaded portion of the Adoption Agreement). However,
ICMA-RC has obtained the opimon of counsel that these features should be allowed as long as the
requirements outlined in the RHS Declaration of Trust and this Adoption Agreement are met. You may
wish to discuss these features with your own benefits counsel. Any questions regarding these fea-
tures of the RHS program can be directed to your ICMA-RC Retirement Plan Specialist.
Note that elective employee contributions (with the exception of voluntary after-tax contributions and
contributions of a fixed dollar amount of compensation made pursuant to an irrevocable election) may
be subject to nondiscrimination testing. See the discussion in the VantageCare Retirement Health
Savings Plan Questions And Answers For Employers and the VantageCare Retirement Health Savings
Plan Employer Manual, or contact your benefits counsel.
Voluntary After-Tax Contributions
If you choose, your employees may elect to make voluntary after-tax contributions to their RHS ac-
counts. In order to protect the tax-exempt status of your RHS Trust, ~3qore(3ate emolovee after-tax
contributions are limited to no more than 25% of total contributions to your RHS plan. You may specify
a lower limit, and/or enforce the limit at the employee level if you wish.
After-tax contributions are subject to FICA (if applicable) and income tax. To allow your employees to
make voluntary after-tax contributions, complete Section VI.B. 1.
Your employees may modify their after-tax contribution election at any time by completing the
VantageCare RHS Plan Employee After-Tax Contribution Election Form.
Irrevocable Election to Contribute Compensation or Accrued Leave
Your RHS Plan can provide a way to shelter previously accrued s~ck, vacation, and other types of leave
- the employer and employee will pay no FICA or income tax on the contributed funds, and, if used for
medical expenses, no FICA or income tax will be due at distribution. Please note that employees may
not choose whether or not to receive their leave or compensation in cash once they elect to contribute
it to the RHS plan. Once your employees make an irrevocable election to contribute compensation or
accrued leave, the election will apply to ali succeeding years in which they participate in the RHS
program. The election cannot be revised or revoked.
You may allow employees to make an ~rrevocable election with respect to compensation or accrued
leave, or both. In addition, you may specify the type(s) of leave that may be contributed. To allow your
employees to make irrevocable elections to contribute compensation or accrued leave, complete
Section VI.B.2.a. or b.
There is no fixed maximum or minimum contribution amount or percentage for irrevocable election
contributions of compensation or leave. If you desire to provide for such limits, however, you may do
SO.
For newly eligible employees, you may allow an election window of no more than 60 days from the
date of imtial eligibility during which they may make the election to contribute. Contributions may
begin no earlier than the calendar month following the end of the election window. If the employee
does not make the election in the year of initial eligibility, the elect~on to contribute may be made in a
later year. You may provide an annual election window of no more than 60 days during which these
employees may make their elect,ions. Contributions may not begin until the following calendar year
for employees that wait until a I~er year to make their election. In either case, the election may not
be revoked.
Annual Irrevocable Election to Contribute Leave Accruing in the Next Calendar Year
Your RHS Plan can also provide a way to shelter sick, vacation and other types of leave that is sched-
uled to be accrued in the next calendar year. As with irrevocable election contributions of compensa-
tion and accrued leave, no FICA or income tax ~s payable on these future accrual contributions and, if
used for medical expenses, no FICA or income tax will be due at distribution. To allow your employees
to make annual elections to contribute leave accruing in the next calendar year, complete Section
VI.B.2.c.
Future leave accrual contributions must be elected prior to the start of the next calendar year- em-
ployees may not elect to contribute the value of their sick and vacation leave for the calendar year
during which the election is made. There is no exception for newly eligible employees -- all elections
must be made in the prior calendar year.
You may specify the type(s) of leave that may be contributed pursuant to the annual irrevocable elec-
tion to contribute future accruals. In addition, you may specify whether you wish contributions of
future leave accruals to be made as the leave is earned or at the end of the year. In either case, the
leave must be retained for contribution to the RHS plan. In the case where you specify contributions
to be made at the end of the year, the leave must be placed in "reserve" as it accrues such that the
employee cannot access it. The leave must be contributed to the RHS Plan.
There is no fixed maximum or minimum contribution amount or percentage for annual irrevocable
election contributions of future leave accruals. If you desire to provide for such limits, however, you
may do so,
Your employees' election to contribute future leave accruals will apply to all succeeding years until
revised by the employee on the VantageCare RHS Plan Annual Prospective Leave Elect~on Form.
C. Limits on Contributions
You may establish limits on each type of RHS Plan contribution by completing the pertinent sec-
tions referenced above. In addition, you may establish an overall limitation on RHS plan contribu-
tions by completing Section VI.C. You may wish to speak with your benefits counsel.
Recordkeeping of Contribution Types
Note that the IRS considers direct employer contributions, mandatory accrued leave and mandatory
compensation contributions, irrevocably elected employee compensation and accrued leave contribu-
tions, and future leave accrual contributions, to be employer contributions. In other words, all contri-
butions other than voluntary after-tax contributions are considered to be employer contributions.
However, ICMA-RC will recordkeep the direct employer contributions as a d~stinct source for partici-
pant reporting purposes. Voluntary after-tax contributions will also be sourced to a distract employee
after-tax source. All other types of employee contributions -- mandatory accrued leave, mandatory
emplc~yee compensation, irrevocably elected employee compensation and accrued leave contr~bu-
tions, and future leave accrual contributions -- will be comb'ined and shown as employee pre-tax
contributions on partmipant stater~ents.
See the VantageCare RHS Employer Manual for directions on how to report your contribution detail
properly via EZ Link.
VII.
VIII.
Vesting - Mandatory unused leave, mandatory employee compensation, irrevocably elected employee
compensation and accrued leave, future leave accrual and employee voluntary after-tax contributions
are always 100% vested. In adc~jtion, the RHS Plan default is 100% vesting for direct employer contri-
butions.
However, if you desire, you may specify a vesting schedule for your direct employer contributions in
this section.
Note that a participant's RHS account will automatically become 100% vested upon the death, disabil-
ity, retirement (as you define it in Section VII.C.) and attainment of benefit eligibility by the participant.
Note also that the "years of service completed" for a participant that separates from service and is then
rehired will start over for vesting purposes upon rehire.
Forfeiture Provisions - If you establish a vesting schedule for direct employer contributions in Sec-
tion VII, you must also designate a forfeiture provision in this section. There are four choices:
[~1 Forfeited account balances will be used to offset your direct employer contributions for the next
and succeeding contribution cycles.
[~1 Forfeited account balances are reallocated on an equal dollar basis among remaining plan
participants.
~ Forfeited account balances are reallocated among remaining plan participants based on account
balances.
[~ Forfeited account balances revert to the employer. (It is anticipated that few employers will
choose this option, in order for RHS funds to continue to be used for medical benefits for
retirees.)
Regardless of which option you choose, you must inform ICMA-RC at the time you wish to use the
forfeited funds.
IX.
XI.
Eligibility Requirements to Receive Medical Benefit Payments from the VantageCare Retirement Health
Savings Plan - This section defines your benefit eligibility provisions. You may select:
Retirement, as defined in Section VII.C.
Separation from service, with criteria defined by the employer, if desired
Attainment of a certain age
A combination of retirement and a certain age.
If you designate retirement as a portion of your eligibility criteria, you must define "retirement" in
Section VII.C. even if you did not specify a vesting schedule in Section VII.B.
It is important to note that the designated eligibility event(s) will determine eligibility for terminated
employees in the situation where the employer has not opted to include the severance feature in its
plan (see Section XlI). For example, an employee that separates from service prior to reaching an
eligibility event will become eligible at a future date, when that eligibility milestone is reached.
Note that employees will automatically become eligible for medical benefits if they are disabled. In
addition, upon the death of the employee, the surviving spouse and dependents will automatically
become eligible for benefits, provi~led the employer has selected Account Transfer for its plan. See
Section Xt.
Permissible Medical Benefit Payments - This section is used to designate the medical expenses that
will qualify for reimbursement under your RHS Plan. You may offer reimbursement for all qualifying
medical expenses as defined in Internal Revenue Code Section 213 (i.e. medical costs that would
otherwise be deductible to the employee on his or her individual income tax return). Alternatively,
you may pick and choose the benefits that will be provided. For example, reimbursements may be
made available only for health ~surance premiums, COBRA premiums, Medicare supplemental insur-
ance premiums, dental insurance premiums, out-of-pocket medical costs, qualified long-term care
insurance, etc. The employer may allow reimbursement for only one benefit, or for any combination
of qualifying medical costs. Information about what constitutes a qualifying medical expense can be
found in IRS Publication 502, Medical and Dental Expenses (available on the IRS Web site at http://
www. irs.gov/).
Death Benefit - This section is used to designate the treatment of the participant's account balance at
death. The Plan default is an Account Transfer: upon the death of the participant, the surviving spouse
and/or surviving eligible dependents are immediately eligible to maintain the account and utilize it to
fund eligible medical benefits.
However, if you do not desire to allow this, you may select Account Distribution: upon the death of the
participant, the remaining account balance will be paid to the participant's designated beneficiary(les).
You must also designate the timing of the Account Distribution. Unless you select otherwise, death
benefits will be paid on the first business day of the year following the year of death of the participant.
This timing simplifies the tax reporting and withholding consequences of the distribution - no FICA tax
withholding or reporting will be required. For this reason, it is recommended that you choose this
option. However, if you determine that it is not in the best interest of your employees, you may desig-
nate that death benefits should be paid in the year of death of the participant.
Note that a timing designation must be made even if you choose Account Transfer - in the event that
there are no surviving spouse or dependents, an Account Distribution will be made.
Upon notification of the death of the participant, ICMA-RC will create a new account in the transferee's
or beneficiary's name and move alt funds into the Vantagepoint Money Market Fund*. The beneficiary
or transferee may move the money into other investments once the new account has been established.
* Please read the current prospectus carefully prior to investing. An investment in this fund is neither
insured nor guaranteed and there can be no assurance that the Fund will be able to maintain a stable
net asset value of $1.00 per share. Vantagepoint Mutual Funds are distributed by ICMA-RC Services,
LLC, a controlled affiliate of ICMA Retirement Corporation. Member NASD/SIPC.
XII. Severance Benefit - The RHS Plan is primarily intended to provide retiree health benefits. As such,
there is normally no severance benefit provided under the RHS Plan.
However, you may w~sh to provide your employees with a means of receiving funds from the RHS
Plan upon termination of service under certain circumstances (e.g. in case of a reduction in force). In
order to accomplish this, your RHS Plan may provide for a severance benefit payment upon termina-
tion of employment prior to the RHS Plan's designated retirement age (as defined in Section VII) or
prior to the participant meeting other eligibility criteria you have established. Section XII.B. defines
the events that the employer has designated as qualifying for severance payments.
You will be responsible for notifying ICMA-RC via EZ Link when a participant has met the requirements
set out in the Adoption Agreement, and is eligible for a severance benefit.
Upon notification by the employer, !CMA-RC will initiate payment of the participant's vested account
value as a taxable lump sum payment to the participant.
XIII. Other Provisions - This section defines other provisions of the RHS Plan, including:
[~1 RHS Plan administration must be accomplished via ICMA-RC's EZ Link System.
RHS Plan fee payment.
De Minimis benefit - An employee that separates from service prior to eligibility for health benefits
w~th a vested account balance of $5,000 or less is considered to have a "de minimis" account
balance. ICMA-RC will automatically pay the participant the vested account balance in a lump
sum. If the employee is already eligible for health benefits through the RHS Plan, his/her account
will not be considered de minimis regardless of the size of the balance. Likewise, if the employee
dies or becomes disabled, no de minimis payment will be made.
[~1 Employer responsibilities for tax reporting and remitting.
After you have completed the Adoption Agreement, it should be signed (and executed, if required by your
state or local law), and returned to ICMA-RC with the other documents in this booklet.
Questions regarding completion of the Adoption Agreement can be directed to your ICMA-RC Retirement
Plans Specialist.
VantageCare
Retirement Health
Savings Plan
Questions and Answers
for Employers
ICMA RETIREMENT CORPORATION
The Public Sector Expert
VANTAGECARE RETIREMENT HEALTH SAVINGS PLAN
QUESTIONS AND ANSWERS FOR EMPLOYERS
INTRODUCTION TO VANTAGECARE RETIREMENT HEALTH SAVINGS
01: What is the VantageCare Retirement Health Savings Plan? ...................................................................... 1
02: What are the key features of RHS? .............................................................................................................. 1
BENEFITS OF RHS
03: What are the benefits of RHS to the employer? .......................................................................................... 1
04: What are the benefits of RHS to the employee? .......................................................................................... 2
INTEGRAL PART TRUST
05:
06:
07:
08:
What is the legal basis for RHS? .................................................................................................................. 2
What are the requirements for qualifying as an "integral part" of a governmental employer? ............ 3
What constitutes an eligible employer? ........................................................................................................ 3
How does RHS compare to a VEBA or 401(h) plan? Can these assets be transferred to
an RHS plan? .................................................................................................................................................. 3
ESTABLISHING AN RHS PLAN - PLAN DESIGN, ADOPTION AND IMPLEMENTATION
09:
010:
011:
012:
013:
What is the adoption procedure for establishing an RHS Plan? ................................................................ 5
What documents govern the RHS Plan? ...................................................................................................... 5
What plan design features are available under the RHS Program? .......................................................... 6
How much individual choice is permitted? .................................................................................................. 6
How do the employees get started? .............................................................................................................. 7
CONTRIBUTIONS
014:
015:
Q16:
017:
018:
019:
What types of contributions can be made to the RHS Plan? ...................................................................... 7
What are some examples of contributions allowed by employers? .......................................................... 9
Are there limits to the amount of contributions that are made in a given year? .................................... 9
How are the contributions coordinated with Section 457 and 401 plans? ................................................ 9
Are contributions made to the account included in "pensionable" compensation? .............................. 9
When does the employer make contributions? ........................................................................................ 10
PLAN INVESTMENTS
020: Where will RHS assets be invested? .......................................................................................................... 10
MEDICAL BENEFITS AND PLAN DISTRIBUTIONS
O21:
022:
023:
024:
Q25:
026:
At what point are employees eligible for and what procedure do they
follow to begin receiving medical benefits? .............................................................................................. 10
What medical benefits can be provided to participating employees? .................................................... 11
What circumstances permit an employee to receive assets from the account? .................................... 11
Are there any emergency withdrawal provisions? .................................................................................... 11
What happens when employees leave the employer prior to benefit eligibility? .................................. 11
What happens to the account balance if the participant dies? ................................................................ 11
PROCEDURES FOR MEDICAL EXPENSE REIMBURSEMENT
027: Who will pay medical benefit claims? ........................................................................................................ 12
028: Who is Zenith Administrators? .................................................................................................................... 12
029: What is the procedure for reimbursement? How long does it take? ...................................................... 12
TAXES
030:
031:
How are payments from RHS accounts treated for tax purposes? .......................................................... 12
What is the employer's responsibility with respect to tax reporting and remittance? .......................... 12
ADMINISTRATION
032:
033:
034:
035:
036:
Are there any ongoing employer responsibilities related to the
administration of the RHS Program? ........................................................................................................ 13
What is EZ Link? ............................................................................................................................................ 14
Are there nondiscrimination requirements that apply to the RHS Plan? ................................................ 14
What types of reports will employers and employees receive? .............................................................. 14
What fees does ICMA-RC charge for the RHS Program? .......................................................................... 15
RESOURCES
037: What information will I receive to assist in ongoing plan administration? ............................................ 15
038: Whom should I call with other questions regarding the RHS Program? ................................................ 15
QI:
What is the VantageCare Retire-
ment Health Savings Plan?
VantageCare Rettrement Health Savings (RHS)
Plan is the ICMA Retirement Corporation's
employer-sponsored health benefit savings vehi-
cie that allows employees to accumulate assets to
pay for medical expenses (e.g., health insurance,
co-pays, prescription expenses, etc.) at retirement
(or upon meeting other elig~bihty criteria) on a tax-
free basis. The plan breaks new ground for health
care savings in the public sector and is offered
through a concept p~oneered by ICMA-RC that has
received IRS approval (see Q5).
RHS is similar to other ICMA-RC products such as
the 401 and 457 plans in that it allows an employ-
ee to invest dollars on a pre-tax basis in the Van-
tagepoint Mutual Funds* for financial needs dur-
lng retirerr]ent (or when otherwise eligible). RHS
offers a number of benefits, including tax-deferred
accumulation of earnings and, if account assets
are used to pay for tax qualified medical benefits,
the additional benefit of tax-free withdrawals.
Vantagepoint Mutual Funds are distributed by
ICMA-RC Services, LLC, a controlled affiliate of
ICMA Retirement Corporation. Member NASD/SIPC.
Q2: What are the key features of RHS?
The plan allows for flexibility in plan design to
meet employer/employee needs and permits
significant employee choice (see Q12).
Employers make tax-free contributions (includ-
lng unused employee sick and vacation leave
dollars) to an employee account (see Q14).
Mandatory, pre-tax employee contributions
may be required (see Q14).
· Employees may make voluntary after-tax con-
tributions (see Q14).
The plan may permit employee elective pre-
tax contributions on a one-time irrevocable
election basis (see Q14).
· The plan may permit employees to irrevocably
elect to contribute accrued leave (see Q14).
The plan may allow employees to annually
elect to contribute the following year's accru-
als of vacation and sick leave (see Q14).
All earnings grow tax-deferred, and as long as
the account assets are used to pay for quah-
fled medical benefits, withdrawals will be tax-
free (see Q30).
Plan assets remaining at the t~me of the
employee's death are not forfeited. The
account can continue to be used for medical
expenses by the employee's spouse or
dependents, or passed on to beneficiaries,
depending on the employer's plan selections
(see Q26).
BENEFITS OF RHS
Q3: What are the benefits of RHS to
the employer?
The cost of medical care goes up every year, while
escalating long-term care and prescription drug
expenses are not fully covered by Medicare. This
continuing medical inflation, particularly for serv-
ices not covered by Medicare and employer-spon-
sored retiree health plans, means that retirees are
increasingly responsible for growing medical
costs. The RHS Program enables employers - and
their employees - to save in advance for these
costs.
There are several benefits to employers that
choose to offer the RHS Program:
No unfunded liability -- Existing retiree med-
ical programs, offered either through a retire-
ment system or by the employer directly, may
burden employers with unfunded liabilities in
the future, particularly when the Governmental
Accounting Standards Board implements
reporting requirements for Other Post Employ-
merit Benefits. RHS now offers a way to pre-
fund some or all of these costs.
Low cost t RHS provides the ability to offer a
Iow-cost employee benefit that complements
your current retirement savings package. Also,
employer and most employee contributions
are not subject to FICA and unemployment
taxes.
Easy administration t By using ICMA-RC's EZ
Link System, RHS can be offered with limited
administrative effort by the employer (see Q32
and 33).
· Attract and retain valued employees.
Security -- Allows the employer to prowde
additional security to employees saving for
their retirement health needs. Similar to a
defined contribution retirement plan, it also
provides employees with greater respons~bili-
ty and control over saving for retirement
health needs.
Flexibility -- The employer can design its RHS
Plan to best fit the needs of employee groups,
including collective bargaining units.
Unused leave -- Provides the employer with
additional flexibility in the payout of accrued
vacation or sick leave. In addition, no FICA tax
is payable on contributions of unused leave
(see Q14). Employers can structure an RHS
program to reward the responsible use of a
sick and vacation leave program and discour-
age its, abuse.
Q4:
What are the benefits of RHS to
the employee?
Employees can reap substantial benefits as well.
Convenience -- Once an employee is eligible
to participate in RHS (See Q12), the employee
only has to enroll (see Q13) and make deci-
sions regarding investment of RHS funds (see
Q20). Contributions are made d~rectly by the
employer or through converting employee
unused leave (see Q14). Additional employee
contribution options may include mandatory
and irrevocably elected pre-tax, annual leave,
terminal leave, and voluntary after-tax contri-
butions (see Q14).
· Most contributions are pre-tax (see Q14).
· Tax-deferred accumulation of savings-
Assets grow in a tax-deferred account.
Tax-free withdrawals -- Withdrawals are tax-
free when used for qualified medical expenses
covered by the employer's RHS Plan (under
Section 213 of the Internal Revenue Code).
Only de minimis, severance or death benefit
withdrawals will be taxed (see Q30).
Familiar investment options -- RHS allows
investment in the Vantagepoint Mutual Funds*
employees are familiar with from their retire-
ment plan, including ICMA-RC's Iow-cost index
funds (see Q20).
Flexibility ~ Participants may use RHS dollars
to pay medical expenses for themselves and
their spouse and dependents.
No account balance forfeiture upon death --
At the death of the participant, the account
balance ~s either transferred to an account for
the spouse and/or dependents, or paid out to
a beneficmry, depending on the employer's
election in the adoption agreement. (see Q26).
Vantagepoint Mutual Funds are distributed by
ICMA-RC Services, LLC, a controlled affiliate of
ICMA Retirement Corporation. Member NASD/SIPC.
INTEGRAL PART TRUST
QS: What is the legal basis for RHS?
ICMA-RC has pioneered a new concept for offer-
ing retirement health savings to the public sector
through the use of an integral part trust vehicle.
The legal basis for RHS stems from several private
letter rulings (PLRs) issued by the Internal Rev-
enue Service (IRS) which allow non-profit organi-
zations, including state and local government hod-
les, to establish "funds" which are deemed to be
an "integral part" of the organization. Because the
provision of welfare benefits is considered an inte-
gral part of the government's activities, the vehicle
used to fund the activity is also considered part of
the governmental entity, and enjoys the entity's
tax-exempt status.
ICMA-RC has crafted program documents for you
to adopt and use based on a PLR obtained from
the IRS for an initial employer. Your use of a simi-
lar trust document will provide you with assur-
ance that your Program is also within the IRS's
requirements. (This is identical to the assurance
provided when you use ICMA-RC's model 457
plan documents.) A copy of the PLR on RHS will
be provided to you by ICMA-RC in the Retain
Brochure provided in the adoption process (see
Q9).
Since obtaining the original PLR, ICMA-RC's out-
side counsel has issued an opinion broadening
the types of contributions which may be made to
the plan and permitting certain elections by the
participant. ICMA-RC is offering these enhanced
opportunities as part of the RHS plan design. You
may wish to have your benefits counsel review
this opinion prior to adoption. An Executive Sum-
mary of the opinion is available from your ICMA-
2
RC Retirement Plan Specialist. The opimon of
counsel ~s also available on request.
Please note that the ~nformation in th~s document
takes into account only the federal tax rules relat-
ed to ICMA-RC's VantageCare Retirement Health
Savings Plan. Prior to implementing an RHS plan,
the employer is responsible for determining that
there are no state or local laws that would prohibit
~t from offering the plan or any of the selected
options to its employees.
Q6:
What are the requirements for
qualifying as an "integral part" of
a governmental employer?
In order for a trust to qualify as an "integral part"
of the employer, the employer must exert "sJb-
stantial control" directing the plan and must have
"substantial financial involvement".
"Substantial control" simply means that the
employer controls the integral part entity by hold-
ing the power to amend or terminate it, and by
naming the parties that manage the daily opera-
tions of the entity. These parties include trustees
appointed by the employer to hold title to trust
assets on behalf of the employer. The trustees can
be named solely by the employer, named in con-
junction with the employee group(s) covered by
the Trust, or can be a directed trustee hired by the
employer. ICMA-RC's model trust agreement gives
the employer the authority to amend or terminate
the trust and to name the trustees. Thus, the req-
uisite level of control is automatically present.
"Substantial financial involvement" means that
the employer has the primary responsibility for
funding the trust. The IRS considers direct
employer contributions, mandatory contributions
of accumulated unused vacation and sick leave,
mandatory pre-tax contributions, and irrevocably
elected pre-tax contributions to be employer con-
tributions (see Q14).
Q7: What constitutes an eligible
employer?
Any state or local government employer or ;ts
agency or instrumentality is legally eligible to use
the program. At the current time, however, ICMA-
RC is limiting use of RHS to only those employers
who participate in ~ts 457 and/or 401 programs.
Other employers wishing to pursue adoption may
contact (800) 299-9249 to imtiate a discuss,on on
adoption.
Q8: How does RHS compare to a VEBA
or 401(h) plan? Can these assets
be transferred to an RHS plan?
The RHS Program is considerably more flexible
and less restrictive than either a Voluntary
Employees' Beneficiary Association (VEBA) or a
Section 401(h) medical account. The chart on the
next page lays out the s~milarities and differences
between the three types of retirement medical
funding vehicles.
Based on advice of ICMA-RC's counsel, assets of
the employer that are in a VEBA may be trans-
ferred to RHS accounts for the individual employ-
ees covered. Section 401(h) assets may also be
transferred; however, the employer should obtain
a determination letter on the 401 plan to which the
401(h) account is attached to ensure that the quail-
fled status of the retirement assets is protected. If
there are general assets of the employer that are
held for future retiree health care costs, they may
be able to be transferred to RHS so long as the
individual employee doesn't have a vested interest
in the assets (i.e., no option to receive the assets
in cash rather than transferring them to the RHS
program). ICMA-RC will work with employers on a
case-by-case basis to determine if their existing
retiree health assets are transferable and to assure
an efficient transition. Employers may also want
to consult with their own counsel.
Program Feature
Legal Basis
Types of Contributions
Allowed
· Employer
· Mandatory Unused
Leave
· Mandatory Pre-
Tax Employee
· Irrevocable Elective
Pre-Tax
· Voluntary after-tax
Employee
Limit on Contributions
Tax Treatment
of Earning
Types of Benefits
Allowed
Tax Treatment of
Health Benefits
Participation
Treatment of assets
remaining after
employee's death
Application of welfare
plan non-discrimination
rules
Assets subject to claims
of employer's creditors7
IRS ruling required?
RHS
Private Letter Rulings
and Treas. Reg.
301.7701-1(a)(3)
Available
Available
Available
Available
Available
None, except 25%
limit on voluntary
after-tax
Tax-deferred
· Health
· Death Benefit
· De Minimis
· Severance
Tax-free
Irrevocable
election
Determined by plan provi-
sions: balance may remain
available to survivors for
medical expenses or be
paid to beneficiary
Apply to self-insured,
non-collectively
bargained plans (see Q341
No
Not required but may be
obtained if desired
Section 401(h) Account*
IRC Section 401(h)
Available
Unclear+
Available with 414(h)
Unclear+
Unclear+
Limited to 25% of total
Section 401 Plan
contributions (or 33% of
retirement contributions)
Tax-deferred
· Health
Tax-free
Mandatory for
covered employees
Must revert to
the employer
Apply to self-insured,
non-collectively
bargained plans
No
Part of qualified
Section 401 plan
determination letter
VEBA*
IRC Section 501(c)(9)
Available
Available
Available
Unclear+
Unclear+
None for governmental
VEBA
Tax-deferred
· Health
· Death Benefit
· Other welfare
benefits
Tax-free
Generally mandatory for
covered employees
Determined by VEBA
provisions: balance may
be forfeited back to trust
or be paid to beneficiary
Apply to self-insured,
non-collectively
bargained plans
No
Yes
* Please note that the theoretical ability of a 401(h) or VEBA to include a particular feature does not suggest that
the programs currently offered to local governments are structured with these features.
+ ICMA-RC is not aware of an ex~sting 401(h) or VEBA program that allows these features.
ESTABLISHING AN RHS -
PLAN DESIGN, ADOPTION AND
IMPLEMENTATION
Q9:
What is the adoption procedure
for establishing an RHS Plan?
The employer first talks to an ICMA-RC Retire-
ment Plan Specialist and reviews the benefits
and features of the RHS program and how
they may apply to the employer's current
needs and capabilities. A preliminary decision
is made on the following:
Co
Whether benefits will apply to all employ-
ees or to a specific group or collective bar-
gaining unit (if applicable).
What contributions will be made and what
the funding formula will be.
When employees will become eligible for
benefits.
d. What medical benefits the program will
reimburse.
The employer makes a decision to proceed
with the adoption and implementation
process. The employer notifies the Retirement
Plan Specialist that it is ready to proceed and
undertake a complete evaluation of relevant
adoption materials.
The employer meets with covered employee
groups as appropriate. These may include col-
lective bargaining groups.
ICMA-RC supplies the employer with the
Return and Retain Booklets. These booklets
contain all materials necessary to adopt the
plan, including an amendment to the Adminis-
trative Services Agreement containing fee
information.
5. The necessary documents are prepared:
Welfare benefits plan (if one does not
already exist - see Q10). The Retain Book-
let includes a sample which may be adopt-
ed by the employer.
VantageCare Retirement Health Savings
Plan Adoption Agreement. ICMA-RC pro-
vides th~s document as part of the Return
Booklet. All specifics of the program are
outlined in the Adoption Agreement. (See
Q10 and Qll.)
RHS Declaration of Trust. ICMA-RC pro-
vides a model trust declaration in the
Retain Booklet. (See Q10.)
The employer obtains governing body
approval, if required, to establish the RHS Pro-
gram. ICMA-RC provides a model resolution in
the Return Booklet.
7. The employer amends the Admimstrative Ser-
vices Agreement between itself and ICMA-RC.
8. Employees enroll in the plan.
The employer begins to transmit data and con-
tributions to ICMA-RC via EZ Link (see Q32 and
33).
QIO: What documents govern the RHS
Plan?
The provisions of an employer's RHS Program are
governed by three documents that collectively
comprise the VantageCare Retirement Health Say-
ings Plan. All three documents are provided by
ICMA-RC as part of the adoption process. You may
alternatively work with your human resources and
benefits counsel to develop your own welfare ben-
efit plan and RHS Trust documents.
The welfare benefits plan: A written document
must be in place in order to offer any tax-advan-
taged welfare benefit plan, and you may have one
in place already. This document(s) identifies the
underlying benefits available to the
employee/retiree such as medical, dental and
long-term care coverage.
VantageCare Retirement Health Savings Plan
Adoption Agreement: The Adoption Agreement
specifies the details of how the employer's RHS
Program works. For example, the adoption agree-
ment details employee eligibility requirements,
sources of contributions, the level of contribu-
tions, vesting provisions (if any), the types of ben-
efits that will be funded by the RHS trust, and pro-
cedures to be followed in case of the death of the
employee. See Qll for more information on
employer options in the RHS program.
RHS Declaration of Trust: The Declaration of Trust
estabhshes the legal entity ("integral part trust")
that holds the assets set aside to pay for employees'
retirement health benefits. As part of the adoption
process, ICMA-RC provides a model trust agreement
that has already received approval by the IRS for
another employer for the basic plan concepts.
(See Q5.) You should check with appropriate coun-
sel prior to adopting th~s document. Alternatively,
this document may be drafted by you in conjunction
with your human resources or benefits counsel.
However, if you develop your own Trust agreement,
it must be reviewed by ICMA-RC prior to adoption
to ensure compliance with integral part trust rules
and conformity with ICMA-RC's administration of
the RHS program.
Ql1: What plan design features are
available under the RHS Program?
The RHS Program has been designed to both (1)
allow the employer flexibility in establishing its
Plan to best meet the needs of its employees and
(2) minimize the administrative effort by the
employer. In completing the RHS Plan Adoption
Agreement, the employer may make choices
regarding ~the following features.
Employee groups: The employer can choose
which groups of employees will be included in
the RHS Plan (e.g. all employees, full-time
employees, or a specific unit of collectively-
bargained employees). A separate plan should
be adopted for each group if different features
are selected for different groups.
Employee plan participation and eligibility crite-
ria: The employer may make participation by the
covered employees elective based on an irrevo-
cable election (See Q12) and can establish a
minimum age and/or period of service for par-
ticipants.
Contributions: The employer can determine
the funding level (e.g. direct employer contri-
butions and/or elective employee contribu-
tions). (See Q14.)
Vesting: The employer can establish a vesting
schedule for direct employer contributions if
desired.
Forfeitures: If a vesting schedule is estab-
lished, the employer can determine how for-
feited funds will be used when an employee
separates from service prior to becoming fully
vested (e.g. used to offset future employer
contributions or reallocated among all eligible
employees).
Benefit eligibility: The employer determines
when participants will become eligible to
receive medical benefits (e.g. at retirement or
upon attainment of a certain age). (See Q21.)
Permissible medical benefits: The employer
can pick and choose the medical benefits that
wdl be covered by the RHS Plan. (See Q22.)
Death benefits: The employer determines how
funds will be apphed at the death of the partic-
ipant.
The Program default is Account Transfer
(funds remain available for the surviving
spouse and dependents to use for medical
benefits).
Account Distribution is also an option (bal-
ance is paid to the designated beneficiary
upon the participant's death). The employ-
er may also choose when the benefit will
be pa~d - in the year of death or the year
following death. (Benefits paid in the year
following the year of death are not subject
to FICA taxation. See Q30.)
Severance benefits: The employer may opt to
include a severance feature in its RHS Plan,
mandating that employees terminated as part
of a reduction-in-force, for example, must
receive a taxable severance payment rather
than medical benefits (see Q25).
Q12: How much individual choice is
permitted?
A significant amount of individual choice is avail-
able depending on options selected by the
employer in the Adoption Agreement.
A plan may permit employees ;n the covered
group to irrevocably elect to participate. Until
such time as the employee elects to partici-
pate, he or she does not participate in the pro-
gram and does not receive or make contribu-
tions. Once an employee elects to participate,
there is no opportunity for the participant to
rescind participation. Employers may provide
an election "window" of up to 60 days. For
newly hired or newly eligible employees, the
election to participate may be effective no ear-
lier than the calendar month following the end
of the election window. If an employee does
not make the election in the year of initial eli-
gibility, the election may be made in a later
year. However, participation may not begin
until the year following the election year in
th~s case.
6
· speaking to an ICMA-RC Investor Services
associate.
A plan may permit employees to make a one-
t~me ~rrevocable elect~on to make pre-tax con-
tributions from compensation (either fixed dol-
lars or percentage of compensation) on an
ongoing basis. Once made, the participant
may not elect to recewe the contribution as
cash or part of compensation. (See Q14.)
A plan may permit employees to ~rrevocably
elect to contribute accrued vacation and/or
sick leave to the plan, for example, making the
election in the year prior to separation from
service or retirement. (See Q14.)
A plan may permit employees to annually
make an election to contribute a portion of the
following year's accrual of vacation and/or sick
leave. (See Q14.)
· A plan. may permit voluntary after-tax contri-
butions. (See Q14.)
Q13: How do the employees get started?
The employer announces the RHS Plan to
employees, informs them of the Plan provi-
sions as selected by the employer in the Adop-
tion Agreement, notifies them of their eligibdi-
ty to participate and distributes ICMA-RC pro-
vided enrollment kits containing forms and
necessary information.
The employee completes the form and returns
it to the employer. This form includes partici-
pant indicative data (e.g. name and address)
and a beneficiary designation. Employees that
are not electing to participate (see Q12) should
not complete the enrollment form.
Once the employer receives the completed
form, the employer verifies the participant's
eligibihty to participate, transmits the partici-
pant data to ICMA-RC via EZ Link (see Q 33),
and retains the beneficiary data.
ICMA-RC sets up the participant's account that
day, if the information is received prior to 4:00
p.m. Eastern ~me.
ICMA-RC sends the participant a welcome let-
ter the business day following the establish-
merit of the new account.
The participant can make changes to the
account, including investment allocation (see
Q20), by VantageLine, VantageLink or by
If any employees are eligible for benefits upon
enrollment, the employer should notify ICMA-
RC of their benefit eligibility the day following
enrollment (see Q21).
CONTRIBUTIONS
Q14: What types of contributions can be
made to the RHS Plan?
All contributions must be specified in the Adop-
tion Agreement. These contributions may be any
or all of the following:
· Direct employer contributions+
Direct employer contributions can be either a flat
dollar amount or a percentage of earnings for
each participant. (Note that percentage-of-earn-
ings contributions may be subject to nondiscrimi-
nation testing for non-collectively-bargained plans
or plans that permit benefit payments for other
than insurance premiums. (See Q34.) The RHS
Program default is immediate 100% vesting for
direct employer contributions, but, if desired, the
employer can establish a vesting schedule.
· Mandatory unused leave contributions+
The RHS Plan can also provide a way to shelter
unused sick, vacation and other types of leave -
the employer and employee will pay no FICA or
income tax on the contributed funds, and, if used
for medical expenses, no FICA or income tax will
be due at distribution. Unused leave contributions
are mandated by the employer -- employees may
not choose whether or not to make these contri-
butions. The contribution formula may provide for
annual contributions or balloon contributions at
the time of retirement. The employer can establish
an unused leave contribution formula that best fits
the needs of its covered employees. Contributions
of unused leave are always 100% vested.
· Mandatory pre-tax contributions+
A plan may require individuals to contribute a cer-
tain portion of their salary. This may occur, for
example, when the employer grants a salary
increase of which part is paid to the individual and
the other porbon directed to RHS for all covered
employees. Employees may not choose whether
or not to make these contributions; they are man-
dated by the employer. Mandatory pre-tax contd-
butions are always 100% vested. As w~th manda-
tory unused leave contributions, neither the
employer nor the employee wdl pay FICA or
income tax on the contributed funds, and, if used
for medical expenses, no FICA or income tax will
be due at distribution.
Prospective election to contribute annual
leave+
The employer's plan may allow participants to
make an election each year to contribute annual
leave (sick, vacation, compensatory, etc.) to their
accounts. The election is valid for accruals earned
during the following calendar year and may be
changed for subsequent years.
Neither the employer nor the employee will pay
FICA or in(~ome tax on prospective annual leave
contributions, and, if used for medical expenses,
no FICA or income tax will be due at distribution.
Although ICMA-RC accepts prospective annual
leave contributions and is confident that the IRS
would find them acceptable, employers should be
aware that the PLR doesn't cover prospective
annual leave contributions. ICMA-RC accepts them
as a result of an opinion of outside counsel, which
is available from ICMA-RC. (See Q 5.)
· Irrevocable elective pre-tax contributions+
A plan may also provide for pre-tax contributions
to be made by the individual on an elective basis,
but once elected, these contributions may not be
changed or rescinded. Employers may provide an
election "window" of up to 60 days. For newly
hired or newly covered employees, the elect~on to
contribute may be effective no earlier than the
month following the end of the elect~on window. A
participant that does not make the election in the
year of imtial eligibility may make the election in a
subsequent year. However, in this case, contribu-
tions will not begin until the year following the
election year.
The plan may provide for an employer-fixed per-
centage (e.g. 5%) that all participating employees
would be required to make, a range chosen by the
employer ( e.g., 3%, 5%, 7% or 10%), or employee
choice of the percentage, as long as the election ~s
irrevocable. The employer may specify the accept-
able range or the limit in the Adoption Agreement.
Neither the employer nor the employee will pay
FICA or income tax on elective pre-tax contribu-
t~ons, and, ~f used for medical expenses, no FICA
or ~ncome tax will be due at distribution.
The employee may also be permitted to irrevoca-
bly elect to contribute accrued vacation and/or sick
leave, for example, at separation from service or
retirement; th~s election must be made in the cal-
endar year prior to the contribution. Newly hired
or newly eligible employees may make the elec-
tion to contribute in the month prior to the month
of contribution, although it is anticipated that
most employees will wait until closer to retire-
merit.
Although ICMA-RC accepts these contributions and
is confident that the IRS would find these types
acceptable, employers should be aware that the
PLR doesn't cover elective pre-tax contributions of
compensation or accrued leave. ICMA-RC accepts
them as a result of an opinion of outside counsel,
which is available from ICMA-RC. (See Q 5.)
· Voluntary after-tax contributions*
Up to 25% of total RHS plan contributions may be
voluntary after-tax participant contributions.
(These contributions are the only RHS contribu-
tions subject to FICA and income tax.) Earnings
on these contributions are tax-deferred, and bene-
fit payments are, of course, nontaxable if used for
medical expense reimbursements. These contribu-
tions should be tested for the 25% limit at the plan
level. The contributions may be started and
stopped by the participant as permitted by the
employer.
Although ICMA-RC accepts these contributions
and ~s confident that the IRS would find these
types acceptable, employers should be aware that
the PLR doesn't cover voluntary after-tax contribu-
tions. ICMA-RC accepts them as a result of an
opinion of outside counsel. (See Q 5.)
These contributions are treated as employer
contributions by the IFPS and not subject to
FICA or income tax. Since they are considered
employer contributions by the IRS, these con-
tributions satisfy the requirement for "sub-
stantial financial involvement" as required by
the integral part trust rules (see (26). However,
ICMA-RC will recordkeep the contributions
separately in employer (subject to vesting) and
employee pre-tax (mandatory leave, mandato-
ry pre-tax and elective pre-tax) sources.
8
Voluntary after-tax contributions will be
sourced separately and are subject to FICA
and income tax.
Q15: What are some examples of con-
tributions allowed by employers?
Employer #1 has chosen to provide all of the fol-
lowing types of contributions for employees:
Flat dollar contribution for all employees in
the amount of $350 to a reimbursement
account covering all medical expenses;
1% of each full-time employee's salary above
$35,000 as a direct employer contribution to
an account that reimburses only for insurance
premium reimbursement in order to ehrninate
any potential for nondiscrimination issues (see
Q34);.
10% of an employee's accumulated sick leave
at the time an employee leaves service with
the employer (if the employee has at least 10
years of service with the City).
Employer #2 contributes $1,300 per employee per
year plus, at retirement, the dollar equivalent of
accrued vacation and sick leave up to $40,000 per
retiree.
Employer #3 contributes on a mandatory basis:
· Annual unused sick leave as prescribed in the
existing employee contract;
· One-time bonuses and awards;
· Annual unused vacation accruals exceeding
320 hours;
Annual unused administrative leave, not to
exceed 64 hours;
· All unused sick leave not to exceed 500 hours
upon retirement or other separation of service;
· All unused administratwe leave and vacation
accrual on retirement or separation.
Employer #4 contributes direct employer contribu-
tions equal to 3% of compensation per employee,
plus additional 1% of compensation for employ-
ees contributing annual leave of 16 hours per
year. An employee who has accrued 40 or more
hours of unused annual leave must contribute on
a mandatory basis all such leave over 40 hours to
a maximum of 16 hours per year.
Employer #5 granted a 1% salary increase which
must be contributed to RHS as a mandatory pre-
tax employee contribution. Participants may ~rrev-
ocably elect to contribute a whole percentage of
salary as a pre-tax contribution; the contribution
may be from 1 to 5% of salary. The participant
may irrevocably elect m the year prior to retire-
ment eligibility to contribute accrued vacation and
sick leave at separation from service.
Other employers use age, years of service and
date of hire as part of the formulas that determine
contributions.
Q16: Are there limits to the amount of
contributions that may be made in
a given year?
There are no percentage or dollar limitations on
the amount of contributions to RHS made on a
tax-advantaged basis to RHS. The only current
limitation is that no more than 25% of total plan
contributions may be voluntary after-tax contribu-
tions. The employer may want to consider placing
a reasonable fixed dollar limit on elective pre-tax
contributions, in order to ensure the RHS program
does not provide benefits in excess of reasonable
benefits normally provided by such a welfare
plan.
Q17: How are the contributions coordi-
nated with Section 457 and 401
plans?
Contributions to RHS are not coordinated with
and do not offset contributions that may be made
to Section 457 and 401 plans. However, there may
be an impact relative to mandatory and elective
pre-tax contributions. Since these contributions
are not considered 'gross compensation' for Form
W-2 purposes, they may lower the base on which
the contributions to a 457 or 401 plan are calculat-
ed, depending upon the terms of the 457 or 401
plan.
Q18: Are contributions made to the
account included in "pension-
able" compensation?
The definition of compensation covered by the
employer's pension will need to be examined to
determine whether any of the various RHS contn-
bution types (employer, sick and vacation leave
9
accrual, mandatory pre-tax, elective pre-tax, and
voluntary after-tax pre-tax) are considered part of
compensation on which pension benefit calcula-
tions are made.
Q19: When does the employer make
contributions?
The employer can elect to send contributions to
ICMA-RC monthly, weekly, annually, bimonthly, at
retirement or by some other prearranged date. In
addition, the employer can remit the contributions
via check or electronic funds transfer (EFT).
against a market downturn. This will avoid poten-
t~al problems arising from a reduction in the value
of a participant's account due to a drop in the mar-
ket. The spouse/dependents or beneficiary(les)
may transfer the account balance from the Money
Market Account into the investments of their
choice at any t~me.
Please read the current prospectus carefully prior
to investing any money. Vantagepoint securities
are distributed by ICMA-RC Services, LLC, a con-
trolled broker dealer affihate of ICMA-RC, member
NASD/SlPC.
PLAN INVESTMENTS
Q20: Where will RHS assets be invested?
The investment funds available to RHS partici-
pants are ICMA-RC's Vantagepoint Funds, with the
exception of the Vantagepoint Income Preserva-
tion Fund. These 18 funds consist of eight actively
managed funds, five model portfolio funds, and
five index funds.
Upon initial enrollment in the RHS Program, a par-
ticipant's investment allocation is automatically
established as the Vantagepoint Money Market
Fund*. The participant may subsequently change
the investment allocation for future contributions
at any time through ICMA-RC's VantageLine (toll-
free automated service line), VantageLink (Internet
Web site), or an ICMA-RC Investor Services Repre-
sentative. Additionally, existing balances can be
transferred among the Vantagepoint Funds at any-
time through VantageLine, VantageLink, or an
ICMA-RC Investor Services Representative.
When ICMA-RC is notified of a participant's death,
the account balance will automatically be trans-
ferred into the Vantagepoint Money Market Fund.
Moving the account balance into the Vantagepoint
Money Market Fund may provide protection to the
employee's spouse/dependents or beneficiary(les)
An investment in the Vantagepoint Money
Market Fund is neither insured nor guaranteed
by the U.S. Government and there can be no
assurance that the Fund will be able to ma~n-
tain a stable net asset value of $1.00 per share.
Please read the current prospectus carefully
prior to investing any money. Vantagepoint
securities are distributed by ICMA-RC Services,
LLC, a controlled broker dealer affiliate of
ICMA-RC, member NASD/SIPC.
MEDICAL BENEFITS AND PLAN
DISTRIBUTIONS
Q21:
At what point are employees eligi-
ble for and what procedure do
they follow to begin receiving
medical benefits?
The employer determines the benefit eligibility cri-
teria for participating employees via the Adoption
Agreement (see QIO). The RHS program has been
designed to allow the employer the flexibility to
choose the benefit eligibility standard that best
meets the needs of its employee group. For exam-
pie, the employer might select "retirement" as the
appropriate time for benefit eligibility. Alternative-
ly, a specific age (e.g. 65) could be chosen, or a
combination of retirement and a specific age. The
plan may allow for eligibility prior to separation
from service or retirement; this should be given
careful consideration, however, as it may some-
what undermine the purpose of the plan in provid-
lng for medical expense reimbursements in retire-
ment.
There are two steps that must be taken when an
employee becomes eligible for medical benefits.
Benefit payments cannot be processed until both
steps are completed.
· The employer must notify ICMA-RC via EZ Link
(see Q33) when an employee attains eligibility.
The employee must complete, obtain employ-
er signature, and send the VantageCare RHS
Plan Employee Benefit Eligibility Form to
Zenith Administrators, Inc, ICMA-RC's third
party claims administrator (see Q28).
The employee will then be able to submit reim-
bursement requests directly to Zenith on the Van-
70
tageCare RHS Plan Benefits Reimbursement
Request Form, available through the employer,
ICMA-RC, or Zenith.
Q22: What medical benefits can be pro-
vided to participating employees?
When adopting the RHS Plan, the employer
chooses the medical benefits that will be offered
to participating employees. The employer may
offer reimbursement for all qualifying medical
expenses as defined in Internal Revenue Code
Section 213 (i.e. medical costs that would other-
wise be deductible to the employee on his or her
individual income tax return). Alternatively, the
employer may pick and choose the benefits that
will be provided. For example, reimbursements
may be made available only for health insurance
premiums, COBRA premiums, Medicare supple-
mental insurance premiums, dental insurance pre-
miums, out-of-pocket medical costs, qualified
long-term care insurance, etc. The employer may
allow reimbursement for only one benefit, or for
any combination of qualifying medical costs.
Information about what constitutes a qualifying
medical expense can be found in IRS Publication
502, Medical and Dental Expenses, available on
the IRS Web site at http://www, irs.gov/and in the
RHS Employer Manual (see Q37). Generally, the
expenses permitted are all expenses "paid for
diagnosis, cure, m~tigation, treatment, or preven-
tion of disease, and for treatments affecting any
part or function of the body." Insurance premiums
covering these expenses are also permissible.
Cosmetic surgery and expenses that may be
merely beneficial (such as vacations) are not per-
missible.
Q23:
What circumstances permit a par-
ticipant to receive assets from the
account?
As the sole function of the trust is to provide for
medical expenses for the participant, spouse and
dependents, there are no other circumstances
under which the participant may receive account
assets, except in the case of de minimis accounts
(see Q25) and depending on employer elections
when the plan is established, death (Q26) or sev-
erance (Q25).
Q24: Are there any emergency with-
drawal provisions?
Unlike Section 457 plans, there are no provisions
for withdrawals m the event of a financial hard-
ship. However, an RHS participant that ts eligible
for medical expense reimbursement will be able
to use RHS assets in the event of a medical emer-
gency or hardship.
Q25:
What happens when a participant
leaves the employer prior to
benefit eligibility?
When an employee separates from service, imme-
diate lump-sum payments will potentially be
made in two circumstances:
A de minimis benefit is provided for employ-
ees that separate from service prior to attain-
lng benefit e[igibdity (see Q21) with vested
account balances of $5,000 or less. If a partici-
pant is benefit-eligible or has a balance of
more than $5,000, the de minimis provision
will not apply.
If the employer has elected to include a sever-
ance benefit (see Qll) in its plan, a participant
who separates under the terms established by
the employer in the Adoption Agreement (see
Q10) before becoming benefit-eligible or
reaching retirement age will receive a lump
sum payment, regardless of account balance.
See Q30 for a discussion of the tax treatment of
de minimis and severance benefits.
Q26: What happens to the account bal-
ance if the participant dies?
An important feature of the RHS Program is that it
provides for a death benefit for survivors of
deceased employees. At the time the plan is
established, the employer elects the treatment of
death benefits which will govern payments to all
beneficiaries, choosing either:
Account Transfer - the survwing
spouse/dependents of the employee will con-
tinue to use the account for tax-free medical
expense reimbursement; or
Account Distribution - a death benefit pay-
ment will be made to the employee's designat-
ed beneficiary(les), either in the year of the
participant's death or in the year following.
If an employer elects Account Transfer and a par-
tic,pant dies with no surviving spouse or depend-
ents, the account assets will be paid out to a bene-
11
ficiary designated by the participant.
See Q30 for a discussion of the tax treatment of
death benefits.
Q27: Who will pay medical benefit
claims?
The participant will make the initial payment for
medical expenses that are pa~d directly to the
service provider. Either the participant or the
employer will generally make the initial payment
for insurance premiums. Reimbursement for eligi-
ble benefits (whether direct expenses or insurance
premiums) wdl be handled by Zenith Administra-
tors, Inc., a third-party administrator hired by
ICMA-RC (see Q28). Zenith will reimburse on
receipt of completed benefit reimbursement forms
submitted by the participant. An exception to this
procedure,exists for situations where the partici-
pant has recurring expenses (e.g. insurance pay-
merits). In this case, reimbursement can be made
on an automatic payment basis after the appropri-
ately completed request is filed with Zenith.
In situations where the employer pays insurance
premiums on behalf of the participants, the
employer may request reimbursement directly
from Zemth by using the appropriate form.
Q28: Who is Zenith Administrators?
Zenith Administrators, Inc., is a third-party claims
administrator hired by ICMA-RC to perform
administrative services for the RHS program as
directed by ICMA-RC. Zenith is well-versed in
medical benefit claims processing (its 700 employ-
ees currently serve 400 client funds), and is famil-
iar with the workings of ICMA-RC's RHS Program.
All questions regarding claims should be d~rected
to Zenith at 1-800-788-5885. Please request to
speak with the ICMA-RC VantageCare RHS claims
representative. Zenith's claims representatives are
available from 9:30 a.m. to 5:30 p.m. Eastern 'l~me.
Q29:
What is the procedure for reim-
bursement? How long does it
take?
After a participant becomes benefit-eligible, the
employer notifies ICMA-RC and the participant
notifies Zenith Administrators (see Q21). The par-
ticipant may then submit medical claims to Zenith
Administrators for reimbursement on the Vantage-
Care RHS Plan Benefits Reimbursement Request
Form. Zenith reviews the claim to ascertain that
the indiwdual is benefit-eligible and that the
expense is one covered by the employer's plan. If
these conditions are met, Zenith will process the
claim and coordinate payment with ICMA-RC. All
claims will be paid, suspended, or demed in writ-
lng within 30 days. If claims are denied, there is an
appeal process, which ends with a final determi-
nation on any denied claim by the employer. The
RHS Plan Employer Manual includes a detailed
description of the appeal process (see Q37).
Q30: How are payments from RHS
accounts treated for tax purposes?
RHS benefits paid in the form of medical expense
reimbursements will never be taxed to the part~ci-
pant, his or her spouse, or dependents (whether
paid before or after the death of the participant).
No income tax w~thholding or reporting is
required, and the benefits need not be reported at
all by the recipient on his or her income tax
return.
Death, de minimis, and severance benefits, on the
other hand, are taxable benefits. In these
instances, the recipient of the funds (either a bene-
ficiary or the participant) will receive a tax report-
ing form, and income tax will be payable. In some
cases, FICA taxes will also be payable.
The chart on the next page outlines the tax rules
for RHS payments.
Q31:
What is the employer's responsi-
bility with respect to tax reporting
and remittance?
The responsibilities of Zenith and the employer
relative to FICA taxes and federal and state
income taxes are somewhat detailed, and employ-
ers should become familiar with the requirements
on plan adoption, through review of the RHS Plan
Employer Manual (see Q37.)
For de minimis and severance payments, the dis-
tribution will be sent to the employer, along with a
transaction summary. The employer will then cal-
culate, withhold, and transmit the employer and
employee shares of FICA (if applicable) as well as
the applicable Federal and state/local income
taxes and pay the net amount to the participant.
The employer includes the distribution on the
employee's year-end W-2 as FICA and income tax
wages.
12
Type of RHS Benefit
Medical benefits
paid to employee
Medical benefits
paid to
spouse/dependents
Death Benefit- Paid
in year of death
Death Benefit - Paid
in year following
year of death
De Minimis
Account Payout
Severance Payout
Is the Benefit
Income Taxable?
No
No
Yes - to beneficiary
or estate receiving
the payment
Yes - to beneficiary
or estate receiving
the payment
Yes - to participant
Yes - to participant
Income Taxes
Is Federal Income
Tax Withheld?
No
No
No
No
Yes - 27.5%
Yes - 27.5%
Is State/Local Income
Tax Withheld?
No
No
No
No
Yes, if required
by state/local law
Yes, if required
by state/local Daw
FICA
Is OASDI/HI*
Withheld if Applicable?
No
No
Yes - if employee
was covered by
OASDI and/or HI
No - OASDI/HI taxes
are not required
to be pa~d
Yes o if employee
was covered by
OASDI and/or HI
Yes - if employee
was covered
by OASDI and/or HI
* OASDI = Social Security and HI = Medicare
In the case of death payments made in the year of
death, the payment will be handled in the same
fashion as de minimis or severance payments
with the exception that there will be no Federal
taxes withheld, and the payment amount will be
included on the deceased employee's year-end W~
2 as FICA wages (if applicable), but not as income
tax wages. ICMA-RC will prepare a Form 1099-R
for the total d~stribution and remit the form to the
beneficiary(ids) of the deceased.
If the death payments are made in the year follow-
ing the death of the participant, there will be no
withholding or remittance of FICA taxes by the
employer. ICMA-RC will prepare a Form 1099-R for
the total distribution and remit the form to the
beneficiary(ids) of the deceased.
ADMINISTRATIVE
Q32: Are there any ongoing employer
responsibilities related to the
administration of the RHS Pro-
gram?
The primary responsibilities of the employer are
to provide enrollment materials to employees
when they become eligible to enroll in the Pro-
gram and to send RHS contributions and contribu-
tion detail to ICMA-RC. Ongoing responsibilities
include the following:
· Establish the RHS Plan by following the adop-
tion procedures (see Q9 ).
· Provide enrollment data via EZ Link (see Q33)
for employees participating in the Plan.
· Retain file copies of employee enrollment,
change, and benefit eligibility forms.
· Submit all VantageCare Retirement Health
13
Savings Plan employee information changes
via EZ Link.
Provide benefit eligibility dates, termination
dates, and reason for termination via EZ Link.
· Maintain employee beneficiary designations.
Remit withheld employee FICA, federal and
state income taxes to the appropriate taxing
authorities and file Forms W-2 for any taxable
benefits [death (if paid in the year of death), de
minimis and severance] (see Q31).
Q33: What is EZ Link?
EZ Link is an Internet-based program developed
by ICMA-RC that provides employers with greater
control over plan administration. EZ Link g~ves
employers, electronic access to a wide range of
plan specific information, transaction-processing
capabilities such as contribution processing,
enrollments and indicative data changes and
keeps employers up-to-date on the latest in plan
changes. RHS Plan administration is done almost
entirely through EZ Link - participant enrollment,
account changes, benefit eligibility notification,
and termination notification are all communicated
to ICMA-RC electronically via the Internet. More
information on EZ Link is available from the
Employer Services Unit of the Investor Services
Division at ICMA-RC's Corporate Office. Please call
(800) 326-7272.
Q34:
Are there nondiscrimination
requirements that apply to the
RHS Plan?
As with your other health and welfare benefit
plans, RHS plans are generally covered by nondis-
crimination requirements found under Internal
Revenue Code Section 105(h).
There are two circumstances under which a plan
will not be subject to these requirements:
1. If your RHS Plan is limited to one or more col-
lective bargaining groups.
If your RHS Plan limits reimbursement to
insurance premiums only (health insurance
premiums, Medicare supplemental insurance
premiums, Medicare Part B insurance premi-
urns, COBRA insurance premiums, long-term
care insurance premiums, etc.)
If your RHS Plan falls into one of the two cate-
gories above, health and welfare nondiscrimina-
tion requirements will not apply.
What does all this mean for your RHS Plan?
It means that if your plan covers only a collective
bargaining unit or only covers insurance premi-
urns, you can establish it without concern for the
nondiscrimination requirements. Otherwise, you
need to consider the nondiscrimination require-
merits when developing your Program. Should
your plan be determined to not meet the nondis-
crimination requirements, the effect will be that
the non-insurance benefits paid for your highly
compensated employees may be taxable to those
individuals. You may want to consider talking to
your benefits counsel regarding your responsibili-
ties for testing this and other welfare benefit
plans. Also feel free to contact your ICMA-RC
Retirement Plan Specialist.
Q35: What types of reports will employ-
ers and employees receive?
The RHS employer will receive two types of state-
ments for an RHS Plan -
Quarterly and Annual Summary Plan State-
ments provided by ICMA-RC and listing infor-
mation on contributions, investment earnings,
and distributions for all participating employ-
ees. The statements will use the same format
as the ICMA-RC 401/457 Summary Plan State-
ments you currently receive.
Quarterly Disbursement Report that is provid-
ed by Zenith Administrators, Inc. summarizing
all claims paid out of the employer's RHS Plan.
This quarterly Disbursement Report will out-
line on an aggregate basis, as well as on a per-
participant basis, the types of claims paid (i.e.
insurance, other medical, severance, de min-
imis, and death). This report will allow the
employer to track participant usage of its RHS
Plan.
The employer will also receive confirmations of
contributions and reinvested earnings.
Note: all employer-level reports will be sent to the
employer's RHS Trustee. If the employer is not the
Trustee, the employer may request a copy be sent
to itself as well.
14
Employees will receive Quarterly and Annual
Summary Plan Statements, showing the activity in
their individual RHS accounts. Employees will also
receive confirmations of benefit payments,
address changes, investment allocation changes,
and fund to fund transfers.
Q36: What fees does ICMA-RC charge
for the RHS Program?
There are potentially two types of fees charged for
the RHS Program: an employee-level account fee
and an employer-level plan fee.
Employee Account Fee: The employee-level
account fee is assessed directly against the partic-
ipant's account, and will be shown as a fee on the
quarterly statement.
The annuaJ account fee is calculated as follows:
Account ASSets
$1-$7,000
Annual fee of 0.90% of plan
assets, assessed quarterly.
There is a minimum annual
charge of $35 ($8.75 per quarter)
PLUS
$7,001-$23,000
Annual fee of 0.55% of plan
assets, assessed quarterly.
Account balances exceeding $23,000 will be
charged a maximum annual fee of $150 ($37.50
per quarter).
For de minimis and severance payouts, ICMA-RC
will assess a flat $25 fee in lieu of the quarterly
account fee, which will be collected through the
extinguishing of shares in the participant's
account just prior to the payout. The quarterly
account fee will not be charged to the participant's
account for the quarter of the de minimis or sev-
erance payout.
ICMA-RC reserves the right to introduce an advis-
er class of its funds at a higher expense ratio. If
ICMA-RC's breakeven levels have been achieved,
ICMA-RC agrees to make corresponding reduc-
tions of the account fee outlined above.
Employer Plan Fee: For smaller municipalities and
others that do not already have a sufficiently large
plan balance with ICMA-RC, there may be a sepa-
rate employer-level plan fee. Employers with
ICMA-RC-administered 457 and/or 401 plan assets
of at least $5 million OR average 457 and/or 401
plan participant balances of at least $25,000 will
not be assessed an employer-level plan fee.
Employers not meeting one of these criteria will
be charged an annual fee equal to the greater of
(1) $200 OR (2) the number of participants multi-
plied by $25. This fee will be assessed and billed
on a quarterly basis directly to the employer. For
example, an employer not meeting the m~nimum
average balance or asset criteria with 100 RHS
participants would pay an annual fee of $2,500,
payable in four quarterly installments of $625.
RESOURCES
Q37:
What information will I receive to
assist in ongoing plan admini-
stratio n ?
The VantageCare Retirement Health Savings Plan
Employer Manual is available on line through EZ
Link, the required portal for submission of enroll-
ment, contribution, termination and eligibility
information to ICMA-RC (see Q33). This document
is invaluable in detailing all the administrative
procedures involved in maintaining an RHS plan.
You may download and print this manual if
desired. The Manual includes as exhibits all forms
used in plan administration, a copy of Publication
502 (the IRS publication detailing eligible medical
expenses), and examples of confirmations for var-
ious transactions.
Q38:
Whom should I call with other
questions regarding the RHS Pro-
gram?
For adoption questions, your ICMA-RC Retirement
Plan Specialist (RPS) is the best starting point for
questions about RHS. He or she can point you to
an RHS expert at ICMA-RC for technical or com-
plex inquiries. If you don't have an RPS or don't
know who the individual is, you may call (800)
299-9249.
For EZ Link questions, supplies of publications
and forms and administrative assistance once you
have adopted the plan, you may contact RC's
Employer Services Unit (ESU) in the Investor Ser-
vices Division at (800) 326-7272. Employees will
be provided a separate number to call in the pro-
gram material they are provided at the time of
adoption.
15
ICMA RETIREMENT CORPORATION
777 North Capitol Street, NE
Washington, DC 20002-4240
1-800-299-9249
vvvvw, icmarc.org
B RC000-050-200206-C331
RESOLUTION NO. 61-02
participate.
C.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ADOPTING A RETIREMENT HEALTH
SAVINGS PROGRAM; PROVIDING FOR CONFLICTS; SUPERSEDING
AND REPEALING PREVIOUS PLANS; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission wishes to adopt a Retirement Health Savings Program
(VantageCare) for all employees.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA:
Section 1.
A. That the City adopt a Retirement Health Savings Program to provide retired employees
benefits for all medical expenses eligible under section 213 of the Internal Revenue Code.
That the program provide for a voluntary, irrevocable election by employees to
That the program be funded by employer pick-up of unused accrued employee sick
and vacation leave.
That a copy of the to be adopted plan is attached hereto.
That the adoption extends to the plan adoption agreement and policies also attached
C.
hereto.
D.
That the City through its authorized officials execute such documents as
necessary to implement the plan.
may be
Eo
or appropriate.
Section 2.
previously adopted resolutions dealing with plans to provide retiree benefits eligible under section
213 of the Internal Revenue Code.
Section 3. That the Retiree Health Savings Program adopted herein shall supersede any
such similar or equivalent plan previously adopted, and that any and all such similar or equivalent
plans are hereby repealed.
Section 4. That should any section or provision of this resolution or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 5. That this resolution shall take effect on ,2002.
PASSED and ADOPTED this ~ day of ,2002.
That the City may amend the plan from time to time by resolution as may be necessary
That this resolution shall supersede any and all conflicting provisions of any
ATTEST:
MAYOR
CITY CLERK
2 RES. NO. 61-02
AGENDAITEM NUMBER
AGENDA REQUEST
Date: 07-05-02
Request to be placed on:
X Consent Agenda Special Agenda Workshop Agenda
When: 07-16-02
Description of agenda item: Approval of Resolution #61-02 and Employer VantageCare
Retirement Health Savings Plan Adoption Agreement (see attached memo of explanation)
ORDINANCE/RESOLUTION REQUIRED:
Draft of Resolution Attached:
YES X NO
YES X NO
Recommendation: Approval is recommended by the F~nance Director
Department Head Signature: f ~.~ ~ ~----"~_ ~-v~
Determination of Consistency with ~prehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review
(required on all items involving expenditure of funds):
Funding available. Yes
Funding alternatives (if applicable)'
Account Number:
Account Descripbon.
Account Balance
City Manager Review:
Approved for Agenda
Hold Until:
Agenda Coordinator Review:
Received:
Action:
No
No
Approved:
D~sapproved
P.O. #
I
TO:
THRU:
FROM:
SUBJECT:
CITY COMMISSION DOCUMENTATION
PAUL DORLING, DIRECTO~pF PLANNING AND ZONING
NGUYEN TRAN, SENIOR P~ANNER
MEETING OF JULY 16, 2002 *CONSENT AGENDA*
ABANDONMENT OF A PORTION OF A 12-FOOT WIDE WATER
DISTRIBUTION EASEMENT LYING WITHIN TRACT "A" OF DELRAY
LINCOLN MERCURY PLAT NO. 2, AND ACCEPTANCE OF A 12-FOOT
WIDE WATER DISTRIBUTION EASEMENT DEED LOCATED
APPROXIMATELY 20 FEET TO THE NORTH.
BACKGROUND
The request involves abandoning a portion of a 12-foot wide water distribution
easement lying within Tract "A" of the Delray Lincoln Mercury site, and replacing it with
a 12-foot wide water distribution easement to be located approximately 20' to the north.
Delray Lincoln Mercury is located on the west side of South Federal Highway (U.S. 1),
approximately 600' south of Linton Boulevard. The water distribution easement was
created with the recordation of Delray Lincoln Mercury Plat No. 2 (Plat Book 82, Pages
14 & 15) in February of 1998.
The abandonment request was submitted by Caulfield & Wheeler, Inc. on behalf of
Southeast Investments of Palm Beach County, Inc., the owner of Delray Lincoln
Mercury. Currently, a two-story storage/office building is being constructed near the
south end of the site which encroaches into the easement area. The City's water main,
previously located within the easement area, has been relocated to the north
approximately 20 feet. The applicant will dedicate the replacement easement by
"Easement Deed", which will be recorded concurrently with the abandonment resolution.
Pursuant to LDR Section 2.4.6 (P) (5) the following finding must be made prior the City
Commission granting an abandonment: The abandonment will not result in the
detriment for the provision of utility services to the adjacent properties or the genera/
area.
The City's Environmental Services Department (water & sewer service) has reviewed
the request, and have no objection to the abandonment.
RECOMMENDED ACTION
By motion, approve the abandonment of a portion of a 12-foot wide water distribution
easement lying within Tract "A" of Delray Lincoln Mercury Plat No. 2, and accept a 12-
foot wide water distribution easement deed located approximately 20 feet to the north,
based upon positive findings with respect to LDR Section 2.4.6(P)(5)
Attachments:
· Abandonment Resolution
· Location Map
· Survey and Legal Description of Area to be Abandoned
· Survey and Legal Description of Replacement Easement
S ~boards~c~tycomm~ss~on\Delray bncoln Mercury-e-Aband doc
RESOLUTION NO. 62-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
PORTION OF A 12 FOOT WATER DISTRIBUTION EASEMENT
LYING WITHIN TRACT "A" OF DELRAY LINCOLN MERCURY
PLAT NO. 2 (PB 82, PGS 14-15), AS MORE PARTICULARLY
DESCRIBED BY EXHIBIT "A".
WHEREAS, the City of Delray Beach, Florida, received an apphcation for abandonment
of a portion of a 12 foot water chstribuuon easement lying within Tract "A" of Delray Lincoln Mercury
Plat No. 2, as more parucularly described m Exhibit "A", attached hereto; said Dekay Lincoln Mercury
Plat No. 2 being located on the west side of South Federal Highway (U.S. 1), approximately 600 feet south
of IAnton Boulevard; and
WHEREAS, the application for abandonment of smd easement was processed pursuant to
Section 2.4.6(P), "Abandonment of Public Easements", of the Land Development Regulations of the City
of Delray Beach, Florida; and
WHEREAS, pursuant to LDR Section 2.4.6(P)(3)(c), the applicatton was forwarded to the
City Commission with the recommendauon that the abandonment be approved, based upon positive
findings; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, pursuant to LDR
SecUon 2.4.6(1))(5), finds that the abandonment will not result in detriment for the provision of utihty
services to adjacent properues or the general area, that its interest in the described property is no longer
needed for the pubhc good and deems it to be in the best interest of the City of Dekay Beach to vacate
and abandon said easement, as more particularly described hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the foregoing recitals are hereby incorporated herein by this reference.
Section 2. That pursuant to Chapter 177.101 (5) and Chapter 166 of the Florida Statutes, it is
hereby determined to vacate and abandon all right and interest it holds to the following real property,
more particularly described in Exhibit "A".
PASSED AND ADOPTED m regular session on this the __ day of
.,2002.
ATTEST:
MAYOR
City Clerk
Resolution No. 62-02
LIN
TON
BOULEVARD
ROYAL
PALM
MOR TGA GE
SUN BA
BURGER
KING
NATIONS
BANK
LIN TON
CENTER
DELRAY
PLAT No. 2
L~NCOLNiHERCURY
(PB 82, PGS ~4-~5)
12' Wide
Dis~ribufion
Easement L
EVE
'i
STREET
TROPIC BLVD.
/--Portion to be
DEDICATED
ABANDONED
DAN BURNS
OLDSMOBILE
CiTY OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
ABANDONMENT OF EASEMENT
(WITHIN TRACT "A" OF DELRAY LINCOLN MERCURY PLAT NO. 2, PB 82, PGS 14-15)
-- I)IGIT/II BA$£ 1~4P SYSE'M
STATE ROAD NO. 5 POINT OF COMMENCEMENT
U.S. HIGHWAY NO. 1 S,E. CORNER TRACT "A"
120' RIGHT-OF-WAY DELRAY LINCOLN MERCURY PLAT NO,
PLAT BOOK 82, PAGES 14.-15
I
~ I- EXISTING 12' WATER
60 30 0 30 60 DISTRIBUTION EASEMENT /
/
POINT OF ~RMIN*~O~ /I /
J .~ /
S8713'3 ~ ~, ~ ~'
EXISTING 12' WATER S87'00'~,5"E I / /'/&-¢~
DISTRIBUTION EASEMENT 43.24~ I
' I
~ 24.40 ~
28.
~ ~a~'oo As w
~J.~EXlSTINO 12' WATER
~ 2 ~ 2 /~l DISTRIBUTION EASEME~
~ CAULFIELD & WHEELER, lNG. DATE 7/8/02
~ ~ CIVIL ENGINEERING - LAND PLANNING
~ ~ ~ LANDSCAPE ARCHITECTURE - SURVEYING
~ b~ ~ 7301A W. PALMETTO PARK ROAD- SUITE 100A DRAWN BY JC
PHONE (5~i)-~92-i99I / F~X (~I)-7~0-~5~
~E~A~ u.co~ a~cu~ I ~ SC~E ~S SH0W~
12" WA~ DIS~IBU~ON ~~T ABANDONMENT
~ET~ OF DES~IP~ON J0~ N0. 1271
DESCRIPTION: 12 FOOT WATER DISTRIBUTION EASEMENT ABANDONMENT
A PORTION OF THAT CERTAIN 12 FOOT WIDE WATER DISTRIBUTION EASEMENT LYING WITHIN TRACT "A",
"DELRAY LINCOLN MERCURY PLAT NO. 2", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 82, PAGES 14. AND 15 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING 6.00
FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT "A"; THENCE N56'24'27"W, A DISTANCE OF
.372.41 FEET TO A POINT OF INTERSECTION WITH THE CENTERLINE OF SAID WATER DISTRIBUTION
EASEMENT, AND THE POINT OF BEGINNING (SAID POINT TO BE LATER REFERED TO AS POINT A);
THENCE S87'00'35"E ALONG SAID CENTERLINE, A DISTANCE OF 45.24 FEET; THENCE S87'13'.39"E ALONG
SAID CENTERLINE, A DISTANCE OF 92.09 FEET TO A POINT OF TERMINATION.
TOGETHER WITH:
BEGINNING AT THE AFOREMENTIONED "POINT A"; THENCE N02'14'34"E ALONG SAID CENTERLINE, A
DISTANCE OF 24.49 FEET TO A POINT OF TERMINATION.
TOGETHER WITH:
BEGINNING AT THE AFOREMENTIONED "POINT A"; THENCE N87'O0'55"W ALONG SAID CENTERLINE, A
DISTANCE OF 12.95 FEET; THENCE N42'35'll"W ALONG SAID CENTERLINE, A DISTANCE OF 28.16 FEET
TO A POINT OF TERMINATION.
SAID LANDS SITUATE IN THE CITY OF OELRAY BEACH, PALM BEACH COUNTY, FLORIDA.
SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS AND RIGHTS-OF-WAY OF RECORD.
NOTES:
1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S
SEAL.
2. LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS-OF-WAY, EASEMENTS, OWNERSHIP, OR
OTHER INSTRUMENTS OF RECORD.
.3. BEARINGS SHOWN HEREON ARE RELATIVE TO THE SOUTH LINE OF TRACT "A", "DELRAY LINCOLN
MERCURY PLAT NO. 2", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 82, PAGES 14
AND 15 OF THE PUBLIC RECORDS OF PALM COUNTY, FLORIDA. BEARING N86'55'50"W
4. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR.
5. DATA SHOWN HEREON WAS COMPILED FROM THE INSTRUMENT OF RECORD AND DOES NOT CONSTITUTE
A FIELD SURVEY AS SUCH.
CERTIFICATE:
I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY
IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION
ON dULY 8, 2002. I FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE MINIMUM
TECHNICAL STANDARDS SET FORTH IN CHAPTER 61G17-6 ADOPTED BY THE FLORIDA BOARD OF
SURVEYORS AND MAPPERS PURSUANT TO FLORIDA STATUTES 472.027,
i7CAULFIELD & WHEELER, INC.
CIVIL ENGINEERING - LAND PLANNING
LANDSCAPE ARCHITECTURE - SURVEYING
30lA W. PALMETTO PARK ROAD - SUITE 100A
BOCA RATON, FLORIDA 53433
PHONE (561)-392-1c)91 / FAX (561)-750-1b, 52
DELRAY UNCOI..N MERCURY
12' WATER DISTRIBUTION EASEMENT ABANDONMENT
SKETCH OF DESCRIPTION
IIDAV, D P LINDLEY II
IIRECISTERED LAND II
IIISURVE¥OR NO. ~00511
IISTATE OF FLORIDA II
II
SHEET I OF 2
DATE 7/8/02
DRAWN BY JC
F.B./ PG. N/A
SCALE AS SHOWN
JOB NO. 1271
Prepared by: RETURN:
R. Brian Shun, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
EASEMENT DEED
~...,_a~..,. ,.'I~l~~~, made this c/ day of /P~"~/t , 200~ by ~d be~een
~1~ t~'5'_ ~3~Tf~v~wi~ a m~l~g address of ~)P~ ~ ~E~L /~ j DZ~ /~ ~4ff 3
'°75i pm, ~d ~e CITY OF DEL~Y BEACH, ~ a mailing adme s of 100 N.W. 1st
Avenue, Dekay Beach, Florida 33444, a mmcip~ coworation N P~m Beach Co~, State of
Florida, p~ of ~e second
WlTNESSETH: That the party of the first part, for and in consideration of the mutual
promises herein contained and other good and valuable considerations, does hereby grant,
bargain, sell and release unto the party of the second part, its successors and assigns, a right of
way and perpetual easement for the purpose of the construction and maintenance of public
utilities with full and free right, liberty, and authority to enter upon an&to install, operate, .and
maintain such milities well under, across, through and upon, over, under or within the following
described property located in Palm Beach County, Florida, to-wit:
DESCRIPTION
See Exhibit "A"
Concomitant and coextensive with this fight is the further right in the party of the second
party, its successors and assigns, of ingress and egress over and on that portion of land described
above, to effect the purposes of the easement, as expressed hereinafter.
That this easement shall be subject only to those easements, restrictions, and reservations
of record. That the party of the first part agrees to provide for the release or subordination of any
and all mortgages or liens encumbering this easement. The party of the first part also agrees to
erect no building or effect any other kind of constmction or improvements upon the above-
described property.
It is understood that upon completion of such construction, all lands disturbed thereby as
a result of such construction performed thereon, will be restored to its original or like condition
without expense to the property owner.
Party of the first part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever claimed by, through or under it, that it
has good right and lawful authority to grant the above-described easement and that the same is
unencumbered except as provided above. Where the context of this Easement Deed allows or
permits, the same shall include the successors or assigns of the parties.
IN WITNESS WHEREOF, the parties to this Easemem Deed set their hands and seals the
day and year first above written.
WITNESS #1:
(name printed or typed)
PARTY OF THE FIRST PART
(name printed or typed)
STATE OF ~-,/~ff/D~
couNtY OF P3- A
~e forego~g ~s~ent w~ ac~owledged before me ~s day of'
_ ~/~ ,200~by ~ ~ ~~ ¢~e of offic~ or agem), of
~ E ~7 ]~T~ 0~nP~ j, [~e of co~oration), a fLP ~ ~ (State or place of
inco.oration) co.orafion~[~ff~'~e co~oration. He/She~
h~ produced _ (~e of idfnfification~~ficafion ~d ~did
S~a~e ofNo~ P, ublic -
State of ~~D~
(SEAL)
STATE ROAD NO. 5 POINT OF COMMENCEMENT.
U.S. HIGHWAY NO. 1 S.E. CORNER TRACT "A"
120' RIGHT-OF-WAY DELRAY LINCOLN MERCUR.Y PLAT NO. 2~
PLAT BOOK 82, PAGES 14-15
~ A=5'59'31" R=2822.95' L=295.22'
'= EXISTING 12' WATER
-'~ DISTRIBUTION EASEMENT
GRAPHIC SCA~ ~ /
(IN FEET) .X~/
S47'24'~9"W
14.7 POINT OF ~RMINA~ON
~q ~EXISTINC 12' WATER
SH~ ~ OF ~ ~ ISTRIBUTION EASEMENT
~ LANDSCAPE ARCHITECTURE - SURVEYING
~7301A W. PALMETTO PARK ROAD - SUITE 100A DRAWN BY JC
~ BOCA RATON, FLORIDA 35~5~
PHONE (561)-392-1991 / FAX (561)-750-1~52 ~AVID ~ LINDLEY F.B./ PC. N/A
' REGISTERED LAND
DE~AY UNC~ M~CURY I SURVEYOR NO. 5005 SCALE AS SHOWN
12' WA~R DIS~IBU~ EAS~TI STATE OF FLORIDA
SK~CH OF D~CRIP~ON L B 359~ JOB NO. 1271
DESCRIPTION: 12 FOOT WATER DISTRIBUTION EASEMENT
A PORTION OF TRACT "A", "DELRAY LINCOLN MERCURY PLAT NO. 2", ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 82, PAGES 14 AND 15 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, LYING 6.00 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT "A"; THENCE N41'15'55"W, A DISTANCE OF
256.84 FEET TO A POINT OF INTERSECTION WITH THE CENTERLINE OF THAT CERTAIN 12 FOOT WIDE
WATER DISTRIBUTION EASEMENT AS SHOWN ON SAID PLAT, AND THE POINT OF BEGINNING; THENCE
NO2'46'21"E, A DISTANCE OF 1.3.19 FEET; THENCE N42'35'11"W, A DISTANCE OF 54.45 FEET; THENCE
N87'35'11"W, A DISTANCE OF 147.87 FEET; THENCE S47'24'49"W, A DISTANCE OF 14.78 FEET TO THE
POINT OF TERMINATION, THE SIDELINES SHALL BE SHORTENED OR LENGTHENED TO TERMINATE ON THE
EASTERLY LINE OF SAID EXISTING WATER DISTRIBUTION EASEMENT.
SAID LANDS SITUATE IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA.
SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS AND RIGHTS-OF-WAY OF RECORD.
NOTES:
1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S
SEAL.
2. LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS-OF-WAY, EASEMENTS, OWNERSHIP, OR
OTHER INSTRUMENTS OF RECORD.
3. BEARINGS SHOWN HEREON ARE RELATIVE TO THE SOUTH LINE OF TRACT "A", "DELRAY LINCOLN
MERCURY PLAT NO. 2", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 82, PAGES 14
AND 15 OF THE PUBLIC RECORDS OF PALM COUNTY, FLORIDA. BEARING N86'55'50"W
4. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR.
5. DATA SHOWN HEREON WAS COMPILED FROM THE INSTRUMENT OF RECORD AND DOES NOT CONSTITUTE
A F IELO SURVEY AS SUCH.
CERTIFICATE:
i HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY
IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION
ON dULY 8, 2002. I FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE MINIMUM
TECHNICAL STANDARDS SET FORTH IN CHAPTER 61G17-6 ADOPTED BY THE FLORIDA BOARD OF
SURVEYORS AND MAPPERS PURSUANT TO FLORIDA STATUTES 472.027.
i~~7CAULF-IELD & WHEELER, INC.
CIVIL ENGINEERING - LAND PLANNING
LANDSCAPE ARCHITECTURE - SURVEYING
30IA W. PALHETTO PARK ROAD - SUITE 100A
BOCA RATON, FLORIDA 35&35
PHONE (561)-392-1991 / FAX (561)-750-tL,52
DELRAY UNCOLN MERCURY
12' WATER DISTRIBUTION EASEMENT
SKETCH OF DESCRIPTION
I DAVID P. LINDLEY I
IIREOISTERED LAND II
llllSU VE'rO NO 500 11
IISTATE OF FLORIDA I
IIL.B-5591
I
DATE 7/8/02
DRAWN BY dC
F.B./ PG, N/A
SCALE AS SHOWN
JOB NO. 1271
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CIT~:~ISSIONERS
CITY MANAGER ~ t~"7'r',,
AGENDA ITEM ~-)' - REGULAR MEETING OF JULY 16, 2002
SERVI(;E AUTHORIZATION #2/KIMLEY-HORN, INC.
DATE: JULY 12, 2002
This is before the City Commission to approve Service Authorization #2 with Kimley-Horn, Inc. in
the amount of $111,000.00, for the design of Seacrest Neighborhood Improvements Phase IV.
Funding is available from 370-3162-541-65.43 (Lake Ida Road North).
Recommend approval of Senrice Authorization #2 with Kimley-Hom, Inc. for the design of Seacrest
Neighborhood Improvements Phase IV.
S:\C~ty Clerk\chevelle folder\agenda memos\SenaceAuth. #2Knnley-Hom.07.16.02
www.delrayesd.com
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D
U M
TO:
FROM:
DATE:
SUBJECT:
David T. Harden
Randal L Krejcarek, P.E./~~--'~'
02 July 2002
Seacrest Neighborhood Phase IV
Service Authorization for Design Services
Project #2002-040
The attached agenda request is for Commission authorization/approval for Mayor to
execute service authorization #02 with Kimley-Horn& Associates, Inc., for the design of
Seacrest Neighborhood Phase IV. This project is the final phase of the Seacrest/Del
Ida Neighborhood Beautification Project.
The attached map shows the location of this project.
Total Cost of Service Authorization = $111,000.00
Funding will be provided from account #370-3162-541-65.43.
Please place this item on the 16 July 2002 Commission Agenda.
Thanks!
Enc
cc: file
S:~EngAdmin~Projects~2OO2~2OO2-O40~OFFICIAL W 8jun2002 sa02 agenda memo doc
CONSULTING SERVICE AUTHORIZATION
DATE:
SERVICE AUTHORIZATION NO. 5 FOR CONSULTING SERVICES
CITY P.O. NO.
CITY EXPENSE CODE
TITLE: Seacrest Neighborhood Improvements Phase IV, Project No. 2002-040
I. PROJECT DESCRIPTION
The City has requested that Kimley-Hom and Associates, Inc. (CONSULTANT) prepare
construction plans and specifications for Phase ~ of the Seacrest Neighborhood Improvement
Program. Detailed design plans were begun and have been partially completed by the City. The
CONSULTANT will utilize, to the extent practical, the plan data already prepared by the City.
The CONSULTANT shall provide survey, geotechnical, and utility location services in support of
the detailed designs. The CONSULTANT also shall prepare complete bid documents and assist
City staff through the award of the construction contract(s). Construction phase services are not
included under this service authorization, but they can be provided as additional services with
written authorization from the City.
1I. SCOPE OF SERVICES
The individual street improvements included under this service authorization are described in the
following paragraphs. Please note that all labor and expense estimates are based on the limits of
work described. We can provide services beyond the defined scope as additional services with
written authorization from the City.
NE 14th Street - From Seacrest Boulevard to NE 3rd Avenue. This project includes the
design of: a sidewalk on the north side, swale improvements from end to end on both sides,
new driveway connections where required, a divided median on the west end, and the
installation of street trees without irrigation (tree locations provided by the City on a separate
plan sheet). These plans were brought to about the 75 percent completion stage by the City.
The CONSULTANT will be required to backcheck the City design in order to accept
liability.
NE 15th Street - From Seacrest Boulevard to NE 3fd Avenue. This project includes the
design of: swale improvements from end to end on both sides, new driveway connections
where required, removal of the existing 2" watermain on the north side, and the installation of
street trees without irrigation (tree locations provided by the City on a separate plan sheet).
Bonnie Briar Lane - From Highland Lane to Seacrest Boulevard. This project includes the
design of: swale improvements from end to end on both sides, new driveway connections
where required, and the installation of street trees without irrigation (tree locations provided
by the City on a separate plan sheet).
h'\044300003~adnunistraUon~scope and fee~2002-040 Scope 052902 Rev.doc
NE 16th Street - From Swinton Avenue to NE 3ra Avenue. This project includes the design
of: swale improvements from end to end on both sides, divided medians at Swinton Avenue,
Seacrest Boulevard, and NE 3ra Avenue, new driveway connections where required, and the
installation of street trees without irrigation (tree locations provided by the C~ty on a separate
plan sheet). The base maps, with some design on the east end, for these plans were set up by
the City. The CONSULTANT will be required to backcheck the City design in order to
accept liability.
NE 16th Court - From Swinton Avenue to Seacrest Boulevard. This project includes the
design of: swale improvements from end to end on both sides, new driveway connections,
where required, and the installation of street trees without irrigation (tree locations provided
by the City on a separate plan sheet).
NE 17th Street (East End) - From Seacrest Boulevard to NE 16th Street. This project
includes the design of: swale improvements from end to end on both sides, new driveway
connections where required, and the installation of street trees without irrigation (tree
locations provided by the City on a separate plan sheet).
NE 17th Street (West End) - From Swinton Avenue to Seacrest Boulevard. This project
includes the design of: a sidewalk on the north side (with some utility adjustment), swale
improvements from end to end on both sides, new driveway connections where required, and
the installation of street trees without irrigation (tree locations provided by the City on a.
separate plan sheet). The sidewalk design portion of these plans was completed by the City.
The CONSULTANT will be required to backcheck the City design in order to accept
liability.
NE 18th Street - From Swinton Avenue to Seacrest Boulevard. This project includes the
design of: swale improvements from end to end on both sides, new driveway connections
where required, and the installation of street trees without irrigation (tree locations provided
by the City on a separate plan sheet).
NE 19th Street - From Swinton Avenue to Seacrest Boulevard. This project includes the
design of: swale improvements from end to end on both sides and the installation of street
trees without irrigation (tree locations provided by the City on a separate plan sheet). The
base maps for these plans were set up by the City.
Sea Crest Circle - From Seacrest Boulevard to Northridge Road. This project includes the
design of: the installation of street trees without irrigation. All plans for this work will be
provided by the City. A survey of this project site has been requested by the City.
NE 21st Street - From North Ridge Road to NE 3rd Avenue. This project includes the design
of: resurfacing of the pavement from end to end, a 6" watermain with service connections and
fire hydrants, grouting and abandoning in place an existing AC pipe watermain, swale
improvements from end to end on both sides, new driveway connections from end to end on
both sides, and the installation of street trees without imgation (tree locations provided by the
City on a separate plan sheet). A survey of this project site has been requested by the City.
NE 22nd Street - From Seacrest Boulevard to NE 3~d Avenue. This project includes the
design of: a divided median at NE 3ra Avenue, a sidewalk on the north side (with some utility
h.\044300003~administration~scope and fee~2002-040 Scope 060302 Rev.doc
adjustment), a 6" watermain with service connections and fire hydrants, swale improvements
from end to end on both sides, new driveway connections on the north side and over the new
watermain, and the installation of street trees without irrigation (tree locations provided by
the City on a separate plan sheet). The sidewalk design portion of these plans was completed
by the City. The CONSULTANT will be required to backcheck the City design in order to
accept liability.
NE 22nd Lane - From Seacrest Boulevard to east end (approximately 350 feet). This project
includes the design of: a reconstruction/paving of the existing dirt road, a sanitary sewer main
with service connections, swale improvements from end to end on both sides, and new
driveway connections from end to end on both sides. The base maps, with some "mark up"
of a design, for these plans were set up by the City. The CONSULTANT will be required to
backcheck the City design in order to accept liability.
Highland Lane - From Heather Lane to NE 16th Street. This project includes the design of:
a resurfacing of the pavement from end to end, swale improvements from end to end on both
sides, new driveway connections from end to end on both sides, removal of the existing 2"
watermain on the east side, and the installation of street trees without irrigation (tree locations
provided by the City on a separate plan sheet).
North Ridge Road - From NE 19th Street to NE 22~a Street. This project includes the design
of.' a sidewalk on one side (with some utility adjustment), a 6" watermain with service
connections and fire hydrants, grouting and abandoning in place an existing AC pipe
watermain, swale improvements from end to end on both sides, new driveway connections on
the sidewalk side and over the new watermain,, and the installation of street trees without
irrigation (tree locations provided by the City on a separate plan sheet). A survey of this
project site will be requested by the CONSULTANT.
West Pine Ridge Court - From NE 22na Street to end. This project includes the design of.' a
6" watermain with service connections and fire hydrants where required, swale improvements
from end to end on both sides, new driveway connections on the west side, and the
installation of street trees without irrigation (tree locations provided by the City on a separate
plan sheet). The watermain design portion of these plans was completed by the City. The
CONSULTANT will be required to backcheck the City design in order to accept liability.
East Pine Ridge Court - From NE 22na Street to end. This project includes the design of: a
6" watermain with service connections and fire hydrants on the west side, swale
improvements from end to end on both sides, new driveway connections where required and
the installation of street trees without irrigation (tree locations provided by the City on a
separate plan sheet). The watermain design portion of these plans was completed by the City.
The CONSULTANT will be required to backcheck the City design in order to accept
liability.
NE 3~ Avenue (South End) - From NE 14th Street north to just South of the old Water
Tower location. This project includes the design of: a resurfacing of the pavement from end
to end, storm drainage (including two retention ponds with and interconnect), a sidewalk on
the east side (with some utility adjustment), swale improvements from end to end on both
sides, new driveway connections on both sided, irrigation service connection for retention
pond landscaping (landscaping/irrigation system design to be done by the City as a separate
h:\044300003Xadministrat~on~scope and fee~002-040 Scope 060302 Rev doc
project), and the installation of street trees without irrigation (tree locations provided by the
City on a separate plan sheet). No base mapping has been prepared, but survey data is
available for this project area. The CONSULTANT will need to request geotechnical borings
for the proposed retention pond areas.
NE 3~ Avenue (North End) - From South of the old Water Tower location to the north end.
This project includes the design of: a reconstruction or resurfacing (to be determined by the
City) of the pavement from end to end (to improve drainage), storm drainage (including a
retention pond), a sidewalk on the east side (with some utility adjustment), swale
improvements from end to end on both sides, new driveway connections on both sides,
parking area modifications at Plumosa Elementary School, irrigation service connection for
retention pond landscaping (landscaping/irrigation system design to be done by the City as a
separate project), and the installation of street trees without irrigation (tree locations provided
by the City on a separate plan sheet). The base maps for these plans were set up by the City.
The CONSULTANT will need to request geotechnical borings for the proposed retention
pond area.
Seacrest Boulevard - From NE 8th Street to NE 22~d Street. This project includes the design
of: a resurfacing of the pavement from end to end. The CONSULTANT will need to request
geotechnical pavement corings along Seacrest Boulevard to determine what type of pavement
restoration strategy is required. Based on the results of the analysis of the pavement cores the
CONSULTANT will recommend a resurfacing or reconstruction design strategy and then
prepare necessary construction plans for that proposed design. No grade changes, drainage
improvements, utility modifications, driveway connection modifications, sidewalks, street
trees, or other design work will be included in this project. Base mapping for this project will
be provided by the City.
NE 5th Court and 3rd Avenue - This project includes the design of a five foot sidewalk on
the east side of this intersection. No landscaping, irrigation, paving, drainage improvements,
utility modifications, driveway connection modifications, or other design work will be
included in this project. There is currently no known survey or base mapping for this project
area. Some form of base mapping will be required for this project. Survey of this project
area will be provided as an additional service in the event that the City does not already have
sufficient base mapping.
Kimley-Horn will prepare construction documents for each of these projects, apply for the
required permits from Palm Beach County Health Department, and SFWMD and assist the City
through award of a construction contract. All permit fees will be paid directly by the City. We
will apply for SFWMD permits or permit modifications whenever we create an outfall or connect
to an existing system. We assume that no FDOT permits will be required. Permits will be
required from the Palm Beach County Health Department for all water line connections and the
sanitary sewer on NE 22na Lane.
The estimated labor and expenses represent our proposed effort to create one complete set of
plans encompassing all the above described work related to this projects. We can repackage the
plans into smaller groupings as an additional service with written authorization from the City.
Kimley-Horn will subcontract the survey and geotechnical work in each case where the need for
such services has been identified. The survey will include sufficient data to represent right-of-
h \044300003~administmtaon~scope and feeL2002-040 Scope 060302 Rev.doc
way lines, existing roadway profiles, existing utilities, and other pertinent features. The
geotechnical work will include sufficient data and analyses to allow for design of the proposed
retention ponds and the pavement resurfacing on Seacrest Boulevard. Underground utility
location services will be obtained by the CONSULTANT, as necessary, as an additional service.
The City will provide legal descriptions of the lots within each project area as well as plats for our
reference.
We understand that the roadway design is primarily resurfacing, with no proposed widening. We
assume that the term resuffacing, in the project descriptions provided by the City, means the
overlay of an existing asphalt pavement and that the term reconstruction means building a new
asphalt pavement section or removing the existing asphalt surface for reworking of the base
material or making changes in the road grade. We also understand that pavement marking and
signage will be returned to their existing condition. No additional traffic engineering is proposed
under this service authorization, except for the traffic calming described above. We can provide
traffic engineering as an additional service if authorized by the City.
We understand that the City will provide AutoCAD files for the work that they have already
done. These files will require manipulation to be useable by the CONSULTANT and to include a
Kimley-Horn and Associates, Inc. border. The City will also provide any additional survey or
base mapping data, in AutoCAD format, that is available and necessary for use on this project. In
addition, the City has agreed to provide a "Street Tree Master Plan," in AutoCAD format, that
show the location of trees to be installed on these projects. The CONSULTANT will also
perform a field review of the survey and base-mapping data provided for these projects.
Kimley-Horn has prepared an estimate of the effort required to complete the scope of services.
The labor and expense projections for each of the nine projects, including bid phase services, are
attached as Exhibit 1.
1II. BUDGET
Kimley-Horn will provide the basic services described in this scope of services for the lump sum
amount of $111,000. This estimate includes approximately $93,000 of engineering and drafting
labor, $1,840 of survey, $5,486 of geotechnical, and $10,674 of expenses. The lump sum amount
does not include an allowance of $20,000 for Additional Services (if authorized by the City).
IV. COMPLETION DATE
100% Construction Documents are expected to be completed within six weeks of the Notice to
Proceed.
This service authorization is approved contingent upon the City's acceptance of and satisfaction
with the completion of the services rendered in the previous phase or as encompassed by the
previous service authorization. If the City in its sole discretion is unsatisfied with the services
provided in the previous phase or service authorization, the City may terminate the contract
without incurring any further liability. The CONSULTANT may not commence work on any
service authorization approved by the City to be included as part of the contract without a further
notice to proceed.
h:\044300003Xadmimstmt~on~scope and fee't2002-040 Scope 060302 Rev doc
Approved by:
CITY OF DELRAY BEACH:
Date
Mayor
Attest:
KIMLEY-HORN AND ASSOCIATES, INC.
Date ~//"[/0~
Approved as to Legal
Sufficiency and Form
B~E[&RE ME, the foregoing instrument, this
day of ~'~*~.e. ,2002
was acknowledged by/~,, ~,4 a,~ 7' . ~t~,,a
on behalf of the Corpora~on ~nd said person
executed the same free and voluntarily for the
purpose there-in expressed.
Witness my hand and seal in the County and
State aforesaid this 6/e '~ day of
~ ,2002.
State of Florida / t~/~F/A
My Commission Expires: [
,,,~.~.~.ti~,~ Marilyn E. Carton
.,.~.-' -.~-~.
:'*:~'.'~.~,:,: MY COIvtMtS,',',',',',',',',',~ON # CC991~17 EXILES
~". :,E February 4, 2005
80HD~D THRU TROY FAIN INSURANCE,
h \044300003\adrmmstrataon~scope and fee~002-040 Scope 060302 Rev.doc
EXHIBIT 1
CITY OF DELRA Y BEACH
Seacrest Neighborhood Improvements - Phase IV (City Project Number 2002-040)
D~r~
Ex~nses
1.00 Project Coordination and Data Collection
Survey Subcontract (North Rldg. e Road Water Mare Replacement) $I ,840 0~ $1,840
Geotechmcal Subcontract (Retention Ponds and Seacrest Pavement) $5,486 0G $5,486
Total Task 1.00 $7326.0~ 0 0 0 0 0 $7,326
2.00 Detailed Design and Permitting (90%, and 100% Submittals)
Revise Plans and Spemflcations Based on City Review Comments 100 2200 2 $2,340
PreparedSubnut Pet-nutting Documents (PBCHD, SFWMD) 40 200 4 $560
Respond to Penmt A~ency RFI's 4 $40
Prepare 100% Constmctmn Documents 45 1100 I $1,120
Total Task 2.00 $0.00 0 185 3500 0 11 $4,060
3.00 Bid Phase Services
Produce Final Bid Documents For City Reproducnon 45 1 $500
Respond to Contractor inqumes and Issue Addenda 10 50 2 $150
Total Task 3.00 $0.00 0 55 50~ I 2 $650
0 240 355{ 1 131
Total Direct Expense $7,326.00 $0 $2,400 $2,13~ $50 $13{ $12,036
CITY OF DELRA Y BEACH
Seacrest Neighborhood Improvements - Phase III (City Project Number 2002-040)
Manhour/Fee Summary (06/03/02)
Labor Effort (Hours)
Task Description Principal Senior Junior Designer CADD Office Subtask
Professional Professional Operator Support
No. ~7/~ P4/Ps/P6 P1/P.~P3 D7 CO31CO41CO5 AI/A2/C2/C6 Total
$150 $105 $75 $7S $65 $55
1.00 Project Coordination and Data Collection
I 01 Collect/Rewew Water, Sewer. and Drainage Atlas and Other Base Data 4 4 $72£
I 02 F~eld Rewew of Saes and Prepare Photograph Lol]s 12 6 8 $2,15¢
103 Surve~t Subcontract Coordmauon/Revlew 4 I $475
I 04 Geotechmeal Subcontract and Coorchnatson/Rewew 4 I $475
I 05 Coordinate Underground Uuhty Service Locatmn w/Utdny Owners 2 6 4 2 $1,07(
1 06 Project Coordmatmn and Admantstrat~on 3 24 4 $3,1912
1 07 Sublmttal Rewew Meetings (2 Remew Meetangs) 16 24 8 $3,92£
Total Task 1.00 3 66 36 8 0 24 $12,00~
2.00 Detailed Design and Permitting (90% and 100% Submittals)
2 0t Sheet Converston, Sheet Creation, Standar&ze Survey Data 10 40 I $4,105
202 Review/Confirm Ex~sting Design Prepared by Ctty Staff 4 10 4 $1,95C
2.03 Cover Sheet [1] 2 4 $51(
2 04 !Key Sheet [11 2 4 $51(
2 05 Oenerai Notes and Information [lJ 3 4 $615
2.06 NE 14th Street Plans [IJ 3 4 $615
207 NE 15th Street Plans [IJ 3 4 $615
2 08 Bonme Bna( Lane Plans [1] 3 4 $615
2 09 NE 16th Street Plans [2J 6 12 $1,53(
2 10 NE 16th Court Plans [lJ 3 4 $615
2 11 INE 17th Street (East End) Plans [11 3 4 $615
2 12 iNE 17th Street (West End) Plans [11 3 4 $615
2 13 iNE 18th Street Plans [I] 3 4 $615
2.14 'NE 19th Street Plans [ 1 ] 8 12 $1,74~
2 16 NE 21st Street Plan and Profile [2] 13 4 24 $3,465
2 17 NE 22nd Street Plan and Profile [3] 8 4 16 $2,34£
2 18 NE 22nd Lane Plan and Profile [1] 8 3 16 $2,265
2 19 I-h~ehland Lane Plans [1J 4 4 $72C
2 20 North Pddge Road Plan and Profile [11 8 20 $2,3412
2 21 West Pine Pddfte Court Plan and Profile [1J 4 6 $87(
222 East pine Rsdge Court Plan and Profile [I1 4 6 $87(
2 23 NE 3rd Avenue (South End) Plan and Profile [3] 2 16 12 32 $5,28(
2 24 NE 3rd Avenue (North End) Plan and Profile [2J 2 20 28 36 $7,20~
2 25 lea(rest Boulevard Plans [4] 12 16 $2,46(
2 26 NE 5th Ct @ 3rd Ave S~dewalk Plan [1] 4 6 $87(
2 27 Retentton Pond Plans and Sectmns [21 8 24 16 $3,84E
2 29 IPawnlg, Grading, Water, Sewer. and Drainage Detatls [6] 4 4 24 $2,52¢
232 Prepare Techmcal Specffica~ons/Fmnt End Documents 16 24 15 $4,305
2 33 Prepare Engineer's Op~mon of Probable Construcuon Cost {2 t~mes) 12 24 16 4 $4,48(
2 34 Prepare/Sub(mt Per(rotting Documents (PBCHD, SF'%VMD) 4 16 4 $1,84f
2 35 Respond to Permit A~ency RFI's 2 4 8 4 $1,54f
236 Respond to Crty CD Rewew Comments 12 12 20 $3,66(
2 37 Prepare 100% Constmcuon Documents 12 12 12 4 $3,28(
238 Quahty Control/Quabty Assuranee Review 19 8 4 $3,9~
Total Task 2.00 29 243 175 382 0 32 $73,40~
3.00 Bid Phase Services
3 01 'roduce Fmai Bid Documents For C~t¥ Reproducnon 10 10 8 3 $2,565
3 02 Prepare and Advemse Request for B~ds 2 2 $320
3 03 Attend Pre-B~d Conference 4 4 l $775
3 04 Respond to Contractor Inquiries and Issue Addenda 16 8 2 $2,390
3 05 Attend B~d Opemng 4 $420
3 06 ~evtew B~ds and Make Award Recommendauons to Ot¥ Staff 4 8 2 $1,130
Total Task 3.00 0 40 30 8 0 10 $7,600:
4.00 Additional Service $20,000:
Labor Effort (Hours) 32 349 241 398 0 66
Labor Effort ($) $4,800 $36,645 $18,075 $29,850 $0 $3,630 $93,000
Office Expenses $5,964
Direct Expenses $12,036
TTOTAL PROJECT COST°~ $111,000
Notez
Total project cost doe~ not include the $20, O00 fi~r Addtttonal Servtces (tf authonzed by the Ct~)
oo
8" WATER MAIN
mm mm
~ ~ STORM DRAINAGE (POND)
/ D.~vEw~ CO..ECnO.S
~ ~ ~ (NORTH SIDE)
~ ~ STREET TREES
~ i ~ S, DEW.~. (NO.~S, DE)
, ~ RECONST., RESURF. OF
~ PAVEMENT
~/~/ ~ SANITARY SEWER W/
, ) LA~RALS,
' ~/ ~ 5 SIDEWALK ON EAST
/ ~ / ~ DRIVEWAY CONNEC~ONS
~ ,~ ~ ~.,v.w~ ~ONN.O~o~
~ ~ ~ STREET TREES
~ ~' ~ SIDEWALK (ONE SIDE)
~ I ) 'Il/ ~ 2" W.M. rEMOVAL
I/ill
1~1111 ~,~~~1
C~ of D~LRAY B~ACH SEACREST PHASE ,V
~~ SI TE PLAN ~EST-~4
~~A~~Y~~~ 2~2-~
Date: 02 Jul 2002
Request to be placed on:
AGENDA ITEM NUMBER:
AGENDA REQUEST
X Consent Agenda Regular Agenda Workshop Agenda __Special Agenda
When: 16 July 2002
Description of Agenda Item (who, what, where, how much):
The attached agenda request is for Commission authorization/approval for Mayor to
execute service authorization #02 with Kimley-Horn, Inc., for the design of Seacrest
Neighborhood Phase IV. This project is the final phase of the Seacrest/Del Ida
Neighborhood Beautification Project.
The attached map shows the location of this project.
Total Cost of Service Authorizatio~ll~.00 ~ ~ ~ )
Department Head Signature:~ X '~f~f~/ f'~ ~/~-~q~-~ ~ ~ ~ ]~ ~ [~/~'1~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items i~ing expenditure of funds):
Funding Available~No Initials: [~~--~)(I~IoL
''
Account Number 370-3162-1541-¢15.43
Description
Lake Ida road North
Account Balance: $530~.~
Funding Alternatives:
City Manager Review:
Approved for Agenda: ~No
Hold Until:
Initials:
(if applicable)
Agenda Coordinator Review:
Received:
S:XEngAdmin\Projects\2002\2002-040\OFFICIAL\18jun2002 sa02 agenda doc
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
AGENDA ITEM - REGULAR MEETING OF IULY 16, 2002
FINAL PLAT APPROVAL/ANTIQUE EXPERIENCE PLAT
DATE: JULY 12, 2002
This is before the Commission to approve the final subdivision plat for Antique Experience.
property is located on the southeast comer of S.E. 5m Avenue and East Atlantic Avenue.
An technical and staff comments have been addressed and the plat is ready for approval.
Recommend approval of the final subdivision plat for Antique Experience.
The
~\City Clcrk\chevelle fokkn:\agenda memos\Final Plat. AnmlueExperience.07 16.02
RECEIVED
~UL 1 0 2002
City Of Delray Beach ¢~w ~a.~G~n
Department of Environmental Services
TAC COMMENTS
TO:
FROM:
DATE:
PROJECT:
ACTION:
David T. Harden
Randal L. Krejcarek, P.E.
09 July 2002
Antique Experience
Subdivision Plat Approval
The attached agenda request is for Commission approval of the subdivision plat for
Antique Experience. Also attached is a location map and reduced copy of the plat.
The property is located on the southeast corner of SE 5th Avenue and E Atlantic
Avenue.
Please place this agenda request on the 16 July 2002 Commission Agenda.
enc
cc TAC file
file: s:/engadmin/tac/antique experience/plat agenda memo 07-16-2002
Printed: 7/9/2002
ATLANTIC
AVENUE
]'"?Ii iL
Date: 09 July 2002
AGENDA ITEM NUMBER:
AGENDA REQUEST
Request to be placed on:
X Consent Agenda Regular Agenda Workshop Agenda Special Agenda
When: 16 July 2002
Description of Agenda Item (who, what, where, how much):
Request for Commission approval of the subdivision plat for Antique
Attached is a location map and reduced copy of the plat.
The property is locate on the southeast corner of SE 5th/Avenue and E Atlantic Avenue
Department Head Signature:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials: N.A.
Account Number
Description
Account Balance:
Funding Alternatives:
City Manager Review:
Approved for Agenda: ~q~/No
Hold Until:
Agenda Coordinator Review:
Received:
Initials:
(if applicable)
Experience.
S:\EngAdmin\TACXAntique Experience\plat agenda 07-16-2002.doc
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~,
AGENDA ITEM '~T' . REGULAR MEETING OF JULY 16, 2002
(;HANGE ORDER NO. 2/FINAL PAYMENT/GTE BUILDERS, INC,
DATE: JULY 12, 2002
This is before the City Commission to approve Change Order No. 2 in the net add mount of
$9,617.94 and final payment in the amount of $65,583.45 to GTE Builders, Inc. for the City Marina
Improvements and the Sarah Gleason Park Improvements.
Funding will be from 334-4181-572-63.90 (General Construction Fund/Other Improvements).
Recommend approval of Change Order No. 2 and final payment to GTE Builders, Inc.
S:\Ctty Clerk\chevelle foide~\agenda memos\Final Payment. GTEBmldets, Inc,07.16.02
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
SUBJECT:
DAVID T. HARDEN
City Manager
VICTOR MAJTENYt~
Assistant Construction Manager
www delrayesd, corn
CITY MARINA IMPROVEMENTS (PN 98-042) AND SARAH GLEASON PARK
IMPROVEMENTS (00-018)
Change Order #2/Final, Final Payment
DATE: JULY 9, 2002
Attached for Commission approval is an agenda request for closeout Change Order//2, Final to
GTE Builders, Inc. on the City Marina Improvements and Sarah Gleason Park Improvements
project, PN 98-042/00-018. It is for the final plus/minus quantity adjustments and miscellaneous
changes to the original contract. Change Order #2/Final is a net add amount of $9,617.94.
A request is also made for final payment in the amount of $65,583.45 to GTE Builders, Inc. A
Contractor Evaluation form is attached for your review.
Funding is available from account 334-4181-572-63.90 (General Construction Fund/Parks &
Rec./Other Improvements) in the amount of $9,617.94, after budget transfer.
CC:
Richard Hasko; Director of ESD
Randal Krejcarek; City Engineer
Rafael Ballestero; Dep. Dir of Construction
C~ty Clerk's Office
Agenda File 07/16/02
Project File 98-042(A)
S ~EngAdtntn~Projectsl1998198-O421CONSTRCI~CO#2.Ftnalmem-OZ16 02 doc
CHANGE NO.
PROJECT TITLE:
TO CONTRACTOR:
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
2/Final PROJECT NO. 98-042 & 00-018 DATE:
City Marina Improvements and Sarah Gleason Park Improvements
GTE Builders
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 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
PER CENT INCREASE THIS CHANGE ORDER 1.35 %
TOTAL PER CENT INCREASE TO DATE 11.51%
$749,522.60
$76,162.00
$825,684.60
$9,617.94
$835,302.54
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.
GTE Builders
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding is available from account 334-4181-572-63.90, General Construction Fund/Other Improvements.
DEPARTMENT FUNDING CERTIFIED BY
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND:
for Environmental Services
APPROVED:
By:
ATTEST:
By:
Mayor
City Attorney City Clerk
S ~EngAdm]n~Projects\1998~98-042\CONSTRCTxCOg2 F~naI.GTE-07 16 02.doc
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Agenda Item No.~
AGENDA REQUEST
Date: July 9, 2002
Request to be placed on:
--X--Regular Agenda
Special Agenda
Workshop Agenda
When: July 16, 2002
Description of item (who, what, where, how much):
Attached for Commission approval is an agenda request for closeout Change Order #2/Final to GTE
Builders, Inc. for the complebon of the City Marina Improvements and Sarah Gleason Park Improvements
project, PN 98-042/00-018. It is for the final plus/m~nus quantity adjustments and miscellaneous changes
to the original contract. Change Order #2/Final is a net add in the amount of $9,617.94.
A request is also made for final payment in the amount of $65,583.45 to GTE Builders Inc
Funding is available from account 334-4181-572-63.90, after budget transfer.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recommends award of Change ,Order ~2/Final and Final Payment to GTE
Builders lnc. ~ ~1~~..: ~
Department head signature: /'~, ~ '~ ·/~'~4-,,~'"~ ~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Budget Director Review (r~ on all items involving expenditure of funds):
Funding available: YEI~.~O .......
Funding alternatives(if applicable): see above
Account No. & Description ,.,33~
Account Balance ,[/I.,:~'~f
City Manager Review: ' ~. ~ ~//-.5"7,,,3:
Approved for agenda: ~E,.~/NO
Hold Until: L.../' ~ t I ' ' '
I
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
s'~.. ~98-042~CO~2 AgReq closeout 07.16 02
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM )~:r- REGULAR MEETING OF JULY 16, 2002
CHANGE ORDER NO. 2/FINAL PAYMENT/ROSSO PAVING
DRAINAGE, INC,
DATE: JULY 12, 2002
This is before the City Commission to approve Change Order No. 2 in the net deduct mount of
$48,989.85 and final payment in the amount of $35,489.91 to Rosso Paving & Drainage, Inc. for the
N.W. 18th Avenue Improvements project.
Funding will be from 442-5178-536-63.90 (Water & Sewer/Other Improvements) and 334-6111-519-
46.90 (Other Repair/Maintenance).
Recommend approval of Change Order No. 2 and final payment to Rosso Paving & Drainage, Inc.
S:\C~ty Clerk\chevelle folder\agenda memos\Final Paymem. Rosso,Inc.07.16.02
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D
TO:
FROM:
SUBJECT:
DAVID T. HARDEN
City Manager
VICTOR MAJTE~
Assistant Construction Manager
NW 18T}I AVE IMPROVEMENTS (PN 2000-044)
Change Order #2/Final, Final Payment
DATE: JULY 8, 2002
U M
www. delrayesd com
Attached for Commission approval is an agenda request for closeout Change Order #2, Final to
Rosso Paving & Drainage Inc. on the NW 18th Avenue Improvements project, PN 00-044. It is
for the final plus/minus quantity adjustments and miscellaneous changes to the original contract.
Change Order #2/Final is a net deduct amount of $48,989.85.
A request is also made for final paymem in the amount of $35,48~.91 to Rosso Paving & Drainage
Inc. A Contractor Evaluation form is attached for your review.
Residual funds to be liquidated from PO#593402 to accounts 442-5178-536-63.90 (Water &
Sewer, Renewal & Replacement Fund/Other Improvements) in the amount of $25,685.70 and 334-
6111-519-46.90 (General Construction Fund/Other Repair and Maintenance) in the amount of
$23,304.15.
CC:
Richard Hasko, Director of ESD
Randal Krejcamk; City Engineer
Rafael Ballestem; Dep. Dir. of Construction
City Clerk's Office
Agenda File 07/16/02
Project File 00-044(A)
$ ~EngAdmtn~Projects1200012000-O441CONSTRCT~co2finalmem-07 16 02 doc
CHANGE NO.
PROJECT TITLE:
TO CONTRACTOR:
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
2, Final PROJECT NO. 2000-044
NW 18 Avenue and Marry Fladell Drive Road Reconstruction
Rosso Paving and Drainage Inc.
DATE:
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 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
PER CENT DECREASE THIS CHANGE ORDER 6.97%
TOTAL PER CENT INCREASE TO DATE 1.02%
702,501.25
56,186.70
758,6q .95
(48,989.85)
709,~.I0
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.
Rosso Paving and Drainage Inc.
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding Source is 441-5161-536-65.47 ($28,293.06) and 442-5178-536-63.90 ($20,696.79)
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND:
for Environmental Services
APPROVED:
By:
ATTEST:
By:
Mayor
City Attorney City Clerk
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Agenda Item No.(~
Request to be placed on:
AGENDA REQUEST
Date: July 8, 2002
--X--Regular Agenda
Special Agenda
Workshop Agenda
When: July 16, 2002
Description of item (who, what, where, how much):
Attached for Commission approval is an agenda request for closeout Change Order #2/Final to Rosso
Paving & Drainage, Inc. on the NVV 18th Avenue Improvements project, PN 00-044. It is for the final
plus/minus quantity adjustments and miscellaneous changes~.t.~ the original contract. Change Order
#2/Final is a net deduct in the amount of $48,989.85.
A request is also made for final payment ~n the amount of $35,48~F9'1 to Rosso Paving & Drainage, Inc.
Residual funds to be liquidated from PO#593402 to 442-5178-536-63.90 and 334-6111-519-46.90.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recommends award of Change (~rder #2/.F~nal and Final Payment to Rosso
Paving&Drainage, Inc. ~ - ///~/~..~,~_ ~
Department head signature: ~ ~ /~,~'~"//~--.,~/ ~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):.
Budget Director Review (re,.Qu~ on all items involving expenditure of funds):
Funding available:
Funding alternatives'(if appli~"~.' ~'~a-"~
Account No. & Description v/.,/./~ -,.d"/"2'2". ~. ~, /',, ~,.~ 70 g/JJ,..c -. ,~'~: ,,~'~.~/3~'- ~/11,.~'~ ~_~.~
Account Balance ,~/f)
City Manager Review: '
Approved for agenda: NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
s'\ \00-044~AgReqCO2 closeout 07,16 02
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM '~C~ . REGULAR MEETING OF JULY 16, 2002
THIRD AMENDMENT TO INTERLOCAL AGREEMENT WITH PALM
BEACH COUNTY (WEED & SEED PROGRAM)
DATE: JULY 12, 2002
This is the third amendment to the interlocal agreement between the City and Palm Beach County
under which the City agreed to serve as the fiscal agent for the Countywide Administration
Component of the Weed and Seed Program.
The agreement provides that the City will be reimbursed from Federal Local Law Enforcement Block
Grant (LLEBG) funds for the salaries, benefits and operating expenses for the Program. This third
amendment extends the term of the agreement to September 30, 2003 with a budget not to exceed
$272,921.00.
Recommend approval of the Third Amendment to the Interlocal Agreement with Palm Beach County
for the Weed and Seed Program.
S:City Clerk\chevelle folder\agenda memos\Weed&Seed. IntedocalAgmt.7.16.02
Attachment 2
TH]RD AMENDMENT TO INTERLOCAL AGREEMENT
THIS THIRD AMENDMENT, dated , 2002 to the Agreement (R-99-1775-D) of
September 28, 1999, by and between the City of Delray Beach, (hereinafter referred to as
'CITY") and Palm Beach County, a political subdivision of the State of Florida, (hereinafter
referred to as 'COUNTY"), each one constituting a public agency as defined in Part I of
Chapter 163, Florida Statutes.
WITNF_,SSETH:
WHEREAS, the parties have entered into the Agreement of September 28, 1999
under which the CITY agreed to serve as the fiscal agent for the Countywide Administration
Component of the Weed and Seed Program; and
WHEREAS, the COUNTY agreed to reimburse the CITY from federal Local Law
Enforcement Block Grant (LLEBG) funds for the salaries, benefits, and operating expenses
for the Program as more specifically set forth in Exhibit 'A'; and
WHEREAS, the term of said Agreement was from September 25, 1999 through
September 30, 2000; and
WHEREAS, the budget set forth in 'Exhibit A' was based on an amount not to
exceed $300,000; and
'WHEREAS, the parties mutually desire to extend the Agreement until September 30,
2003.
NOW, THEREFORE, ki consideration of the mutual covenants and agreement
expressed herein, the COUNTY and CITY agree as follows:
1. Section 1.2. Term of Agreement~, September 30, 2000 is amended to provide that
the Agreement shall continue until September 30, 2003.
2. The CITY agrees to be the fiscal agent for the Community Justice Program as the
umbrella entity in which Weed and Seed will be a sub-component.
o
The total amount to be paid by the COUNTY under this Third Amendment for
eligible expenses set forth in "Exhibit A' shall not exceed Two Hundred Seventy-
Two Thousand Nine Hundred Twenty-One Dollars ($272,921) from the Local Law
Enforcement Block Grant.
All other provisions of said Agreement are hereby con6, ..-.ed, and except as provided
herein are not otherwise altered or amended. All the terms and conditions of the
Agreement of December 21, 1999, are confu'med and remain in full force and effect.
In accordance with Palm Beach County Code, Chapter 2, Article HI, Section 2.51., this First
Amendment shall not take effect until executed by the CITY and COUNTY.
In WITNESS WHEREOF, the parties, by and"~hrough their duly authorized agents,
have hereunto set their hands and seal.
ATTEST:
DOROTHY H. WILKEN, Clerk
PALM BEACH COUNTY, FLORIDA
BY ITS BOARD OF COUNTY
COMMISSIONERS:
BY:
Deputy Clerk
BY:
Chair
WITNESSES:
CITY OF DELRAY BEACH
BY:
Print Name:
Title:
APPROVED AS.2~FORM . A~ROVED AS TO TERMS & CONDITIONS
By:. Executive Director, CJC
APPROVED AS TO FOl~i
~ L~GAL $~FFICI~C~
County Attorney
2
Delray Beach olice Department 1
300 West Atlantic Avenue Delray Beach, Florida 33444-3695
(561) 243-7888 Fax (561) 243-7816
Joseph L. Schroeder 2oo~
Chief of Police
To:
From:
Date:
Subject:
David T. Harden
City Manager
Captain Ross Licata ~
Acting Deputy Chief of Police
July 10, 2002
REQUEST COMMISSION APPROVAL OF AN AMENDMENT TO
THE COOPERATIVE INTERLOCAL AGREEMENT WITH PALM
BEACH COUNTY
Attached for your review is a proposed second amendment to the South Palm Beach County
Public Safety Communications Cooperative Interlocal Agreement with Palm Beach County
regarding the use of a portion of their 800 MHz Tnmked Ratio System (i.e., SmartZone
Controller).
The proposed changes in the amendment provide necessary language clarification to certain
sections of the original agreement signed in 2001. There is no fiscal or adverse operational
impact to our City. The board of directors of the South Palm Beach County Public Safety
Communications Cooperative approved the agreement at their meeting on July 3, 2002. I
recommend its placement on the upcoming Commission Agenda for approval.
If you have any questions, do not hesitate to contact me.
CC:
Chief Schroeder
Captain Phillips
Serving with P.R. LD.E.
Professionalism, Respect, Integrity, Diversity and Excellence
Facilities Development
& Operations Department
3323 Belvedere Road
Bmldmg 503
West Palm Beach, FL 33406
(561) 233-0200
F~X
Adm (561) 233-0206
PREM (561) 233-0210
CID (561) 233-0270
www pbcgov corn
Palm Beach County
Board of County
Commissioners
Warren H Newell. Chairman
Carol A Roberts, Vice Chair
Karen T Marcus
Mary McCarty
Burt Aaronson
Tony Masflottl
Addle L Greene
County Administrator
Robert We~sman
*An Equal Opportumty
Aff~rmartve Actton Employer~
July 3, 2002
Captain Ralph Phillips, Police Department
City of Delray Beach
300 W. Atlantic Ave.
Delray Beach, Fl. 33444
Re: Palm Beach County 800 MHz System
South Hub Agreement - 2ad Amendment
Dea~s,
Per your request, attached please find an original second amendment to the
South Hub Agreement along with 5 original signature pages for your City.
When approved by your Council, please have all five signed by the Mayor,
witnessed by the Clerk, and returned to my office. When ! have received all
three signature pages, I will schedule for approval by the Board of County
Commissioners. After approved by the Board, I will have an fully executed
original returned to the City for your files.
If you have any questions, feel free to call.
Sincerely,
Audrey ~ Director
Facilities Development & Operations
attachments
c: Robert Weisman, County Administrator (w/o attach)
Robert Zelazny, Director Communications (w/o attach)
Clark Curtis, 800 MHz Project Manager (w/o attach)
Mark Filla, 800 MHz, System Administrator
Hugh McCaffrey, South County Public Safety Cooperative
~ printed on recycled paper
INTEKLOCAL AGREEMENT
This Amendment #2 to an INTERLOCAL AGREEMENT, is made and entered into this day of
,2002, by and between PALM BEACH COLFNTY, a political subdivision of the State of Florida
("COUNTY") and the cities of BOCA RATON ("BOCA IL&TON") and DELRAY BEACH
('DELRAY BEACH") and BOY'NTON BEACH ("BOYNTON BEACH"), each a separate municipal
corporation existing under the laws of the State of Florida.
WITNESSETH
WHEREAS, the Cities of Boca Raton, Delray Beach, and Boynton Beach, have established via interlocal
Agreement the South Palm Beach County Public Safety Communications Cooperative for the purpose
of expanding the geographic use of available frequencies for mutual assistance and daily activities and for
the establishment and operation of radio communications systems; and
WHEREAS, the COUNTY has purchased, designed, installed, and committed to the operation of an 800
MHz Tnmked Radio System to meet the needs of the Palm Beach County Sheriff's Office, Palm Beach
County Fire Rescue, Palm Beach County Emergency Management Service, and various Palm Beach
County general government agencies; and
WHEREAS, the COUNTY and the Cities have determined that the ability to provide interoperable
systems is critical to the effective and efficient provision of public safety services; and
WHEREAS, it has been determined mutually beneficial to all Parties to execute this Agreement which
sets forth the parameters under which the radio systems of the Cities and the COUNTY can be connected
saving the taxpayers money of both the COUNTY and the Cities as well as the opportunity to receive
the public safety benefit of interoperability;
WHEREAS, Section 163.01, Florida Statutes, permits public agencies to enter into Interlocal Agreements
to jointly exercise any power, privilege, or authority which such agencies share in common and which
each might exercise separately; and ..
WHEREAS, the parties agree that this Amendment #2 is appropriate to update the original Interlocal
Agreement, as amended from time to time, and that this amended .agreement rescinds and terminates
Agreement #2001-0199,and replaces it in its entirety:
NOW THEREFORE, in conjunction with the mutual covenants, promises and representations contained
herein the parties hereto agree as follows.
SECTION 1: Purpose
The purpose of this Agreement is to set forth the parameters under which; 1) the COUNTY will
make specific components of its 800 MHz Trunked Radio System available to the COOPE1LATIVE in
order to provide for interoperable radio communications between the COUNTY and the cities
participating in the COOPERATIVE and 2) identify the use and monitoring requirements for the
Common Talk Groups established oh. the County System.
South Hub Amend #2
Last Update: 7/3/02 17:35
Page I of 19
SECTION 2: Definitions
2.01 Boynton Beach Site The City of Boynton Beach's primary radio communications
site located in Tract B, Rolling Green Ridge Second Addition, City of Boynton Beach.
2.02 Central Hub The Central Hub consists of the radio communications system
operated by the City of West Palm Beach and includes those cities utilizing the system through interlocal
agreement with the City of West Palm Beach.
2.03 Cities The City of Boca Raton, the City of Delray Beach, and the City of Boynton
Beach, as individual entities, but used in context of this Agreement to mean each city acting in the
collective.
2.04 City-County Roaming Talk Group Talk groups established on a municipal radio
communications system for which the SmartZone controller will assign channel resources on the County's
communications systems when units from the talk group are registered on the System.
2.05 Common Countywide Talk Groups Talk groups established on the County's
communications system that are made available to municipalities and other non-County agencies. These
talk groups must be programmed into agency radios and be selected by the user.
2.06 Coun .ty Talk Groups: Talk groups established on the County's cmmunication
system that are made available to county agencies providing for inter-departmental communications. These
talk groups are reserved for particular departments/agencies and only available to outside departments by
separate agreements.
2.07 Controller The Controller is the group of equipment components that provide
audio routing and control signaling functions required to interface various independent communications
system and provides interoperable operations between the individual systems.
2.08 Cooperative The ~;outlkPalm Beach County Public Safety Communications
Cooperative which was established by BOCA RATON, DELRAY BEACH AND BOYNTON BEACH
to collectively provide a radio communications system which provides radio communications for the three
cities. All references to the COOPERATIVE shall also refer to each 9f the Cities of Boca Raton, Delray
Beach and Boynton Beach and to the approval of all actions of the COOPERATIVE by the Cities
pursuant to the Interlocal Agreement establishing the COOPERATIVE dated 2/2/98.
2.09 Cooperative's System The 800 MHz trunked radio system or systems, funded,
purchased, installed, maintained and owned by the COOPERATIVE or the individual cities. The system,
or systems, shall include the fixed network and field radio transmitting and receiving equipment,
microwave equipment and/or leased communication transport lines as required for communications
between sites, dispatch center equipment and facilities required for the operations of each city's public
safety and government services functions, and the towers and physical facilities require to house and
maintain the system equipment.
South Hub Amend//2
Last Update: 7/3/02 17:35
Page 2 of 19
2.10 CSOPAC Communications System and Operations Policy Advisory Commktee
established to develop policies for the system in which both the COUNTY and the COOPERATIVE
participate.
2.11 CRSSC Countywide Radio System Steering Committee established to oversee
implementation of the policies established by the CSOPAC and to modify existing policies or create new
policies as required over the life of the System.
2.12 Microwave System A communications system utilizing frequencies in the
microwave range to route audio and control signals between sites in a multi-site communications system.
2.13 Network Administrator: Is the County staff position responsible for maintenance
and administration of the COUNTY system including the SmartZone Controller.
2.14 North Hub The North Hub is a communications system proposed to be
developed by the municipalities in the northern County area.
2.15 Part.les Ail entities that have executed this Agreement which include the
COUNTY, BOCA RATON, DELRAY BEACH AND BOYNTON BEACH.
2.16
Prime Site The location of the County's SmartZone'" Controller.
2.17 Radio Alias: The unique name assigned to an operator's radio that displays on
the dispatchers console when a radio transmits.
2.18 Roaming Feature A feature of the SmartZone controller that allows units from
specified talk groups to register onto communications systems associated with the SmartZone controller
when beyond the coverage of their primary system. Additionally these talk groups are assigned
communications channels on the systems where units registered when there is talk group activity.
2.19 South Hub The South Hub refers to the communications system, ~acilities and
operations proposed by the South Palm Beach County Communications Cooperative.
2.20 System The 800 MHz Trunked Radio system fun&d, purchased, installed,
maintained and owned by the County. The system will include fixed and field transmitting and receiving
equipment, a microwave system for communications between sites, remote and prime site control and
management equipment, dispatch consoles and related equipment and a SmartZone controller located at
the prime site.
2.21 System Administrator: An employee within the County's Communication
Division of the Department of Facilities Development & operations Department responsible for day to
day administration and management of the System and County's designated contact person pursuant to
various sections of this Agreement.
South Hub Amend #2
Last Update: 7/3/02 17:35
Page3 of 19
SECTION 3: COUNTY'S 800 MHz Trunked Radio System
3.01 The COUNTY has purchased, installed, and operates a SmartZone" Controller, capable
of expansion to 48 ports, at its Prime Site. The COUNTY will solely fund the purchase and own the
Controller. The COUNTY will allow the COOPERATIVE to connect to the Controller utilizing a
maximum of nine (9) ports.
3.02 COOPERATIVE agrees to pay its fair share of the operation and maintenance
costs associated with the Controller on pro rata basis. The operations and maintenance costs to be
included are: system administration costs (which includes personnel costs), utilities, equipment, software
and component renewal, replacement costs, and controller maintenance costs (which may be out-sourced
or performed by the County). The COOPERATIVE'S maintenance costs are calculated in Section 5.01
and 5.012 of this Agreement.
3.03 COOPERATIVE will be solely responsible for any and all permitting and/or
licensing costs associated with its use of the Controller.
3.04 COOPERATIVE will be solely responsible for any and all costs associated with
the purchase of equipment components, modules, interfacing hardware and the installation services
required to utilize the SmartZoneTM Controller.
3.05 The COOPERATIVE agrees that only the COUNTY will connect to, expand,
or otherwise modify System components which are owned by the COUNTY. The COOPERATIVE will
fund such actions to be undertaken by the COUNTY on the COOPERATIVE's behalf, and pursuant
to the terms of this Agreement.
3.06 The COOPERATIVE will only be £mancially responsible for those actions
undertaken on the COOPERATIVE's behalf when the COOPERATIVE has agreed to the costs in
writing prior to commencement of the activity.
SECTION 4: County's Digital Microwa{,e Communications System
4.01 Pursuant to a separate agreement between the COUNTY and BOYNTON
BEACH, the COUNTY will locate digital microwave communicatigns equipment at the Boynton Site.
The COUNTY will allow the COOPERATIVE to use the microwave system as a communication path
between the COOPERATIVE and the Controller located at the COUNTY's Prime Site.
4.011 Boynton Beach will solely utilize the 6 T1 capacity in the Microwave System
reserved for use by the COOPERATIVE pursuant to separate agreement and that Delray
Beach and Boca Raton will transport from their systems to the COUNTY's Prime Site
via leased Tls and not via the Microwave System.
4.012 If Delray Beach and Boca Raton subsequently decide to utilize the Microwave
System directly from their respective systems to the COUNTY's Prime Site, the
individual City will be totally responsible for all costs associated with the purchase,
installation, ownership, operations and maintenance of equipment solely for its benefit.
South Hub Amend #2
Last Update: 7/3/02 17:35
Page 4 of 19
The provisions of Section 4.03 will also then apply to Delray Beach and/or Boca Raton.
4.02 COOPERATIVE will be solely responsible for all costs associated with interfaces between
the Microwave System or the commercial telephone system and the COOPERATIVE's radio system.
4.03 The COOPERATIVE agrees that only the COUNTY will connect to, expand,
or otherwise modify Microwave System components which are owned by the COUNTY.
COOPERATIVE will fund such actions to be undertaken by the COUNTY on the COOPERATIVE's
behalf, and pursuant to the terms of this Agreement.
SECTION 5: COOPERATIVE's Maintenance and Administration Costs
5.01 The COOPERATIVE shall pay an annual maintenance and administration fee
based on the following percentage of staff and material costs. The costs provided below present as not to
exceed cost through October 2003. The costs for agencies using the SmartZone Controller are derived as
follow: the capped Estimate Annual Costs for fiscal 2003 are multiplied by the fixed percentages and the
sum of the costs for each category are apportioned out to the user agencies based on the number of active
talk groups for each agency. As additional non-County users connect directly to the SmartZone
Controller, the COOPERATIVE'S percentage of the total cost will reduce.
Estimated Annual Annual
Staff or Materials Cost Percent Cost
Network Administrator $75,000
Network Engineer' S67,000
Field Engineer $50,500
Data Entry $25,000
Parts/Supplies/Software $50,000
Total
20% $15,000
10% $ 6,700
10% $ 5,050
10% $ 2,500
30% $15,000
$44,250
5.011 The COUNTY reserves the right to charge the COOPERATIVE on a time and
materials basis for the after hours emergency trouble reports that are not the result of a
failure of the SmartZone Controller, the Ambassador switch, microwave system or related
subsystems or software.
5.02 The COUNTY shall inform the COOPERATIVE of any adjustments to the
maintenance administration costs each year during the month of March. The COOPERATIVE
shall pay the maintenance and administration fees as a check payable to the Board of County
Commissioners. The COUNTY shall invoice for payment in October and payment shah be due
November 30'h. Each year the COUNTY shall re-calculate the fees provided in this Agreement.
The new calculation shall consider increases to the number of active talk groups and annual
maintenance and administrative costs. Using the allocation methodology described in this
Agreement, the costs contained in Section 501 can be modified annually based on a letter
agreement executed by the County Administrator (of his designee) and the Chairman of the
COOPERATIVE.
South Hub Amend #2
Last Update: 7/3/02 17:35
Page 5 of 19
5.03 The COOPE1LATIVE shall provide to the COUNTY copies of their software licenses
for the use of the SmartZone system features associated specifically with the COOPERATIVE. These
licenses shall be submitted to the COUNTY prior to the COOPERATIVE commencing operations on
the SmartZone Controller and renewals shall be provided thereafter as prescribed by the license(s).
5.04 The COOPERATIVE shall have the authority to connect and utilize the features and
capabilities of the SmartZone Controller to provide interoperability between the cities of the
COOPERATIVE and other agencies as may be authorized at a future date. The COOPERATIVE shall
have access authority to the SmartZone Controller that will allow the COOPERATIVE to establish talk
groups and subscriber units on the System within the allotments provided in Attachment B to this
Agreement. The COOPERATIVE shall program talk groups or subscriber units for operation only on
radio systems owned and operated by the cities of Boynton Beach, Delray Beach and Boca Raton.
5.05 The COUNTY shall attempt to notify the COOERATIVE a minimum of seventy two
hours in advance of all scheduled interruptions of the SmartZone Controller's capabilities. The COUNTY
shall make every effort to limit scheduled interruptions of the SmartZone Controller service to no longer
than ninety minutes. Scheduled interruptions of service shall occur between 2:00 a.m. and 6:00 a.m.
whenever possible.
5.06 The COOPERATIVE shall be responsible for maintaining the equipment components
that make up the COOPERATIVE'S System and the associated equipment used to interface wkh the
County's system.
5.07 The COOPERATIVE shall have the authority to utilize private call and telephone
interconnect features for the operations of their agencies. The COOPERATIVE recognizes that the
COUNTY'S use of the System does not include these features. As a resuk, additional equipment and
software licenses may be required to implement these features.
SECTION 6: System Capacity Forecast Assumptions
6.01 The COUNTY and the COOPERATIVE agree that it would be mutually beneficial to
maximize the number of city-county talk groups'with capabilities for System-wide roaming. The system
design forecast does not project any System capacity is available to achieve this objective. However, as the
System is used, the COUNTY will have actual System use data that can be used in lieu of the System use
assumptions used for the original system capacity projection. The' COUNTY agrees to periodically
reevaluate law enforcement's use of the System compared to the use projections. The specifics of this
evaluation are identified in Attachment A to this Agreement.
6.02 Roaming shall be allowed between the radio systems of the COOPERATIVE members
at the discretion of the COOPERATIVE. Roaming shall not be allowed, as of the date of this Agreement,
from COOPERATIVE systems onto the COUNTY system nor from the COLrNTY system onto the
COOPERATIVE systems.
South Hub Amend #2
Last Update: 7/3/02 17:35
Page 6 of 19
SECTION 7: COOPERATIVE's Acknowledgment of COUNTY Expenditure
The COOPERATIVE acknowledges that by entering into this Agreement, the COUNTY has
allowed the COOPERATIVE to save in excess of $1,000,000 as well as avoid costs associated with
establishing a microwave link from the Boynton site to the Prime Site in excess of $125,000.
SECTION 8: COUNTY'S Obligations to COOPERATIVE's System
g.01 Nothing in this Agreement shall represent a commitment by the COUNTY, or shall be
construed as intent by the COUNTY, to fund any portion of the COOPERATIVE's System.
8.02 After system acceptance warranty expiration, the COUNTY shall provide a response by
a qualified technician to failures of SmartZone functionality that impact the operation of any of the
COOPERATIVE'S radio systems within two hours of being notified of such failure. The COUNTY
shall take all possible actions to restore SmartZone functionality to full operation without delay.
8.03 COOPERATIVE shall give the COUNTY twenty four hours notice of the need to access
the SmartZone Controller facility for routine maintenance or installation of COOPERATIVE equipment.
8.04 COOPERATIVE shall have continuous access to the SmartZone Controller facility to
repair problems with their connectivity systems. After hours access shall be provided through the
emergency trouble reporting procedures established for the System.
SECTION 9: Utilization of Countywide Common Talk Groups
9.01 The EMS Talk Groups were implemented specifically for emergency medical
communications between the emergency providers and hospitals in and around Palm Beach County. The
usage of the talk groups are defined below.
9.011
1.
Scenario of Usage
A field umt requesting commumcatmn with a hospital will request communication
with a hospital through the Palm Beach County EMS Dispatch Center on the MED
Control Talk Group.
The EMS Dispatch Center will assign the unused MED Talk Group and request the
field unit switch to the appropriate MED Talk Group.
The EMS Dispatch Center will contact the hospital and perform a console patch
between the Hospital Talk Group and the corresponding MED Talk Group uniting
the field unit and the hospital. The units will commence communication with
dispatch intervention.
At the conclusion of the communication, the Dispatch Center will break the patch
between the talk groups and return the MED Talk Group back to the pool for other
users. ~..
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Page 7 of 19
9.02 The Common Talk Groups were implemented specifically for inter-agency communication
among multiple agencies, regardless of their specific discipline or affiliation. They were also created to
allow communications between agencies without requiring cross-programming operational talk groups in
each agencies radios. Proper usage of the Common Talk Groups are defined below.
9.021 Scenario of usage:
A unit requesting to coordinate a multi-jurisdictional operation or call for mutual
assistance, places a call on the Call Talk Group for the appropriate discipline (ie.
Law Enforcement, Fire Rescue, or Local Government) to the dispatch center of the
required agency(ies).
The responding dispatch center assigns one of the Common Talk Groups to the
requesting unit and contacts its agency's unit(s) and request the user switch to the
corresponding talk group.
o
The participating units would communicate on the Common Talk Group(s) and
upon completion of the operation, the talk-group is cleared of all radio traffic and
put back into the pool for other agencies.
9.022 Examples of approved usage for Common Talk Group are following:
1. Working ialk group for multiple agencies fighting a fire together.
2. Coordination during a police chase through multiple jurisdictions.
3. Coordination during disaster recovery.
Coordination for a. special event which requires participation of multiple agencies
and disciplines. (i.e.? undercover operations, investigations, perimeter
communications, fire ground coordination, etc.)
5. Coordination for scene security and establishment of landing zone for aircraft.
In addition, the Common Talk Groups could be used by any agency experiencing
catastrophic failures of their own communication system for a predetermined amount of
time. A request to utilize the Common Talk Groups for this situation requires permission
of the System Administrator. Once approved by the System Administrator, the Common
Talk Groups could be temporarily utilized until repair of the agency's communication
system is complete.
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Page 8 of 19
9.03 The Common Talk Groups shall not be used for every-day routine communications.
9.031 Examples of improper use are the following:
1. As an extra talk group for agencies that have cross programming agreements and
duplicate talk groups programmed into their radios.
2. To provide an extra working talk-group for a single agency supporting a special
event or operation. (i.e.. undercover operations, investigations, perimeter
communications, fire ground coordination, etc.)
3. As an additional dispatch, administrative, or ear-to car talk-group for use by a single
agency.
SECTION 10: Frequencies
The Parties agree that the frequencies held by Palm Beach County and the frequencies held by the
COOPERATIVE shall be separate and shall be implemented and used at the sole discretion of the
individual parties.
SECTION 11: Liability
The parties to this Agreement and their respective officers and employees shall not be deemed to
assume any liability for the acts, omissions and negligence of the other party. Further, nothing herein shall
be construed as a waiver of sovereign immunity by ekher party, pursuant to Section 768.28, Florida
Statutes.
SECTION 12: Term of Agreement
The term of this Agreement shall be for a period of five (5) years from execution. The Agreement
may be renewed for a period of three 0) years upon written modification by all Parties. Should the
Agreement not be renewed at any time in the lustre, the provisions of the termination clause shall apply.
SECTION 13: Amendments to this Agreement
13.01 This Agreement may be mended from time to time by written amendment by all Parties.
13.02 In the future, if the County enters into an agreement(s) with other municipalities which
terms are more favorable than those contained in this Agreement, the County agrees to amend this
agreement, by written amendment executed by the County Administrator or his designee, the Director
of Facilities Development & Operations to match the more favorable. This provision does not apply to
Sections 4 and 7 of this Agreement.
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Page 9 of 19
SECTION 14: Termination
14.01 The COUNTY can only terminate this Agreement as a result of any default of the
COOPERATIVE pursuant to this Agreement.
14.02 The COOPERATIVE may terminate the Agreement with 60 days notice to the
COUNTY. All improvements made to the SmartZone Controller, the Ambassador Switch, the
microwave system, and related subsystems by the COOPERATIVE, or on its behalf, shall remain part
of the equipment where installed and ownership shall transfer to the COUNTY.
SECTION 15: Administration
15.01 The Palm Beach County Communications Divisions is charged with responsibility for
administering the System. Within the Communications Division a position with the title of 800 MHz
System Administrator will be the City's day to day contact and can be reached at 561-2334417. The
Communications Division is staffed from 0800 to 1700 hours Monday through Friday, excluding County
holidays. After hours emergency contact can be made through the County's Fire Rescue Dispatch Center
at 561-712-6550 and the appropriate contact will be made.
15.02 The administrative policies for the SmartZone Controller shall be established by the
CRSSC. The COUNTY and the COOPERATIVE agree to abide by the policies so established.
15.03 The COOPERATIVE shall assign representative to attend the User Committee
meetings for each of the law enfoi'cement, fire rescue and public works disciplines for which the Cities
have subscriber units programmed on the System. Participants at these meetings will discuss all system
maintenance and administration issues. Non-critical problems or suggested changes shall be presented at
the meetings. As agreed to by the user Committee members, issues discussed at the meetings shall be
forwarded to the Network Administrator of the CRSSC for final approval.
15.04 The COOPERATIVE shall be responsible for adhering to the policies and procedures
established for System use. Should the COOPERATIVE not follow the established procedures, there shall
be three warnings before corrective action is taken. The CRSSC shall have the authority to direct the
Network Administrator to implement modification to the network including disabling units or disabling
access to the System.
15.05 The COOPERATIVE shall receive certain access codes to the Palm Beach County
system and shall be responsible to safe guard the code information from release to unauthorized parties.
Service staff directly employees by the Ckies of the COOPERATIVE shall be considered authorized to
receive access and program ~rning codes for the maintenance of their agencies' radio equipment. Commercial
service providers are not considered authorized to receive access of programming codes for the
COUNTY's System. Agencies that plan to use commercial services for their system or subscriber unk
maintenance must include confidentiality requirements in their contracts wkh the commercial service
providers acceptable to the Network Administrator before access or programming codes may be released
to these companies.
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Page 10 of 19
15.06 Commercial maintenance service providers are not considered authorized to receive
access or programming codes for the County system, unless meeting the requirements of Section 15.061
and/or 15.062 below. If the City does not have employees capable of programming City radio equipment
or prefers to have others program City radio equipment, it may request that the Palm Beach County
Sheriff's Office, Palm Beach County Fire Rescue or Palm Beach County Communications program City
radio equipment under the terms of a separate agreement.
15.061
If the City uses a commercial service provider to program City radio equipment
at the time of execution of this Agreement and desires that the commercial service
provider program the City radio equipment with the Common Talk Groups, the
City must submit its existing contract with the commercial service provider to the
System Administrator for review. The review will focus on whether the contract
terms between the City and the commercial service provider are adequate to
protect the County's radio system from mis-use, harm or release of access and
programming codes to unauthorized persons. Notwithstanding the previous
statement, the County retains the right, in its sole opinion with or without
written reason or cause, to approve the use of a commercial service provider. If
approved, the System Administrator will release the access and programming
codes to the commercial service provider. The City will be responsible for
ensuring that the commercial service provider adheres to the terms of this
Agreement pertaining to the proper use of the programming codes and radio
equipment use. If not approved, the City shall use either the Palm Beach County
Sheriff's Office, Palm Beach County Fire Rescue or Palm Beach County
Communications Division to program City radio equipment with Common Talk
Groups.
15.062
If the City intends on using a commercial service provider to program City radio
equipment with the Common Talk Groups, the City shall submit the appropriate
bid documents/contract to the System Administrator for approval prior to
soliciting a bid or.quote from the commercial service provider. The System
Administrator will work with the City to develop the appropriate language for
the contract which will allow for approval of the commercial service provider.
Notwithstanding the previous statement, the County retains the right, in its sole
opinion with or without written reason or cause, to approve the use of a
commercial service provider. If approved, th~ System Administrator will release
the access and programming codes to the commercial service provider. The City
will be responsible for ensuring that the commercial service provider adheres to
the terms of this Agreement pertaining to the proper use of the programming
codes and radio equipment use. If not approved, the City shall use either the
Palm Beach County Sheriff's Office, Palm Beach County Fire Rescue or Palm
Beach County Communications Division to program City radio equipment with
Common Talk Groups.
15.07 The City is solely responsible for the performance and the operation of City equipment
and any damages or liability resulting from the use thereof. Should the County identify malfunctioning
City owned equipment, the County will?equest the City to discontinue use of the specific device until repairs
South Hub Amend #2
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Page 11 of 19
are completed. The County may, at it's discretion, disable the equipment from the system after properly
notifying the City in writing if the device is causing interference to the system.
15.08 In the case of stolen or lost equipment, the contact person identified in Section 15.01will
notify the System Administrator by e-mail or fax authorizing the System Administrator to disable the
equipment. The authorization shall provide the County issued individual unit ID number and the serial
number of the radio. The System Administrator will advise back via e-mail when the radio has been
disabled. A request by the City to re-activate a disabled radio will also be required in writing by e-mail or
fax to the System Administrator.
15.09 The COOPERATIVE shall have the capability to generate call activity reports, faulty
reports and reports about the infrastructure equipment, as well as subscriber units established on the
individual radio systems of the COOPERATIVE.
15.10 The COOPERATIVE shall have access through their SmartZone Manager Terminal
to receive alerts and alarms for the SmartZone Controller as well as the infrastructure equipment for their
individual communications systems.
15.11 The COOPERATIVE shall be responsible for including the requirements of Section 9
and Section 15.06 of this Agreement in any Agreement with another municipality or agency for
communications, dispatch, police or fire rescue services.
SECTION 16: Annual Budget Appropriations
The COLrNTY'S and Cities' performance and obligation to pay pursuant to this Agreement are
contingent upon annual appropriation for its purpose by the Board of County Commissioners and each
individual City Council.
SECTION 17: Notices
Any notice given pursuant to the terries of this Agreement shall be in writing and done by
Certified Mail, Return Receipt Requested. The effective date of such notice shall be the date of receipt,
as evidenced by the Return Receipt. All notices shall be addressed to the following:
As to the COUNTY:
Director, Facilities Development & Operations
3323 Belvedere Road, Building 503
West Palm Beach, Florida 33406
With copy to:
Director of Communications Division
3323 Belvedere Road, Building 506
West Palm Beach, Florida 33~06
South Hub Amend #2
Last Update: 7/3/02 17:35
Page 12 of 19
County Attorney's Office
301 North Olive Ave, Suite 601
West Palm Beach, Florida 33402
As to BOCA RATON:
City Manager
City of Boca Raton
201 W. Palmetto Park Rd.
Boca Raton, F1 33432
With copy to:
Chief of Police
City of Boca Raton
100 ~ Boca Raton Blvd
Boca Raton, FI. 33432
As to DELI~Y BEACH:
City Manager
City of Delray Beach
100 NW First Ave.
Delray Beach, Fl. 33444 '
With copy to:
Chief of Police
City of Delray Beach
300 W. Atlantic Ave
Delray Beach, Fl. 33444
As to BOYNTON BEACH:
City Manager
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, Fl. 33435
With copy to:
Chief of Police
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, Fl. 33435
South Hub Amend #2
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Page 13 of 19
SECTION 18: Applicable Law/Enforcement Costs
This Agreement shall be governed by the laws of the State of Florida. In any litigation brought by
a party to this Agreement to enforce the terms of this Agreement, each party shall bear its own costs and
attorney's fees incurred in connection therewith.
SECTION 19: Filing
A copy of this Agreement shall be filed by Palm Beach County with the Clerk of the Circuit
Court in and for Palm.Beach~County.
SECTION 20: Delegation of Duty
Nothing contained herein shall be deemed to authorize the delegation of the Constitutional or
Statutory duties of any party.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year
first written above.
ATTEST:
DOROTHY H. WILKEN, Clerk
PALM BEACH COUNTY, FLORIDA BY ITS
BOARD OF COUNTY COMMISSIONERS
BY:. BY:
Warren H. Newell, Chair
AS TO FORM AND LEGAL SUFFICIENCY
BY:
County Attorney
AS TO TERMS AND CONDITIONS:
BY:
Dir. Facilities Dev & Ops
South Hub Amend #2
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Page 14 of 19
CITY OF BOCA RATON, Clerk
CITY OF BOCA RATON, BY ITS CITY
COMMISSIONERS
BY:
BY:
Signature of Mayor
BY:
Printed Name of Mayor
Legal Sufficiency:
City Attorney
South Hub Amend #2
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Page 15 of 19
CITY OF DELRAY BEACH, Clerk
CITY OF DELRAY BEACH, BY ITS CITY
COMMISSIONERS
BY:
BY:
Signature of Mayor
BY:
Printed Name of Mayor
Legal Sufficiency:
City Attorney
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Page 16 of 19
CITY OF BOYNTON BEACH, Clerk
CITY OF BOYNTON BEACH, BY ITS CITY
COMMISSIONERS
BY:
BY:
Signature of Mayor
Legal Sufficiency:
BY:
Printed Name of Mayor
City Attorney
800MHz~outh hub 2nd
South Hub Amend #2
Last Update: 7/3/02 17:35
Page 17 of 19
Attachment A
System Capacity Forecast Re-evaluation
In order to implement Section 6 of the Agreement, the COUNTY agrees to the following.
Two (2) years after final acceptance of the System and complete migration of PBSO to the system and
every three 0) years thereafter, the forecast of System capacity will be re-evaluated. The re-evaluation will
entail the substitution of actual System use data for System use assumptions used to determine System
capacity. The re-evaluation will be done by performing an Erlang study based on actual system usage data,
actual unit quantities and, revised unit quantity growth for the remaining system build-out.
The System use assumptions used to determine the original system capacity projections are identified as
follows:
System Build-out: 2013
Number of Voice Channds: 27 (See note bdow)
Calculation Model: Erlang-C
Standard Call - Seconds/Units: 3.778 seconds
Loading: Call/Hour/Unit: 1.7036 call-seconds
Working Channel Overhead: 0.5 seconds
Maximum Acceptable Delay: 1 second
Average Message: 4.278 seconds
Offered Load: 14.3634 erlangs
Basic Grade of Service: 0.20 percent
Delayed Call Grade of Service: 0.01 percent
Percentage of Time each Channel in Use: 53.2%
Agency Parameters:
Law Enforcement Fire-Rescue/EMS Gen. Govern. Total
Unit Quantity by 2013 3412
Peak Erlang by 2013 6.91
1405 2278 7095
2.84 4.61 14.36
Note: Implementation of two additional channels capable of countywide coverage is required to meet
the operational minimums for the full 15 year system life cycle.
To determine the availability of system capacity to support city-county talk groups, the above assumptions
will be compare with actual use data and the assumptions will be adjusted accordingly for law
enforcement. Using the adjusted parameters an Erlang-C study shall be performed to determine capacity
usage.
In the event that the re-evaluation indicates that overall law enforcement usage is less than that computed
by the assumptions (including the projected growth in number of COUNTY law enforcement radios and
the actual use for those projected radios), the COUNTY will re-direct that law enforcement capacity
difference to allow for certain talk groups to have the roaming feature activated. Municipalities proposing
South Hub Amend #2
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Page 18 of 19
roaming talk groups shall provide Erlang study data to demonstrate the identified available capacity can
support the call traffic from the proposed city-county talk groups. To ensure comparable Erlang study
results, municipal studies shall be based on the same methods and calculation model as used for the
County's study.
The number of specific city-county talk group to use the roaming feature will be based on an evaluation
of all city-county talk groups, capacity needs for each talk group, the capacity available, the number of
radios with access to the talk group, the risk/stress involved in activities using each talk group, and any
monitoring requirements.
All cities in the County will be able to participate in the identification of law enforcement city-county talk
groups for consideration to go to System-wide roaming. The COOPERATIVE acknowledges that any
capacity which may be reassigned to enable city-county talk groups with the roaming feature is available
to all cities in the County not only those in which the COOPERATIVE routinely participates.
As the System has countywide coverage it will not be necessary for COUNTY users to activate a roaming
feature. As a result, any costs associated with the re-programming of subscriber units and the SmartZone
controller will be borne in its entirety by the entity proposing the city-county talk group.
The re-assignment of any capacity initially forecasted to fire rescue and general government users, is at the
sole discretion of the COUNTY.
h:southubasr
South Hub Amend #2
Last Update: 7/3/02 17:35
Page 19 of 19
CITY OF DELRrlY BEACH
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's D~rect Line' 561/243-7091
1993 DATE: July 9, 2002
MEMORANDUM
TO:
FROM:
City Commission ~
Brian Shutt, Assistant City Attorney
SUBJECT: Agreement with RCC Consultants Inc.
The attached agreement is between the City and RCC Consultants Inc. RCC has
previously worked with the City on the development of its 800mhz communications
system for police and fire services. RCC shall develop a licensing package for 2
additional frequencies that the city has applied for from the FCC and RCC shall
also provide consulting services for coverage issues in certain areas of the City.
The City shall pay RCC $22,299.00 for these services.
By copy of this memo to David Harden, our office requests that this item be placed
on the July 16, 2002 City Commission agenda. Please call if you have any
questions.
Attachment
CC'.
David Harden, City Manager
Barbara Garito, City Clerk
Capt. Licata, Police Dept.
AGREEMENTBETWEEN THE crrY OF DELRAY BEACH
CONSULTANTS, INC.
THIS AGREEMENT between RCC CONSULTANTS, INC. (RCC), and the CITY
OF DELRAY BEACH, FLORIDA (City) is made this 3rd day of Ju]y ,
2002.
WITNESSETH:
WHEREAS, the City has developed an 800mhz radio system for use by City
employees including the police and fire departments; and
WHEREAS, RCC has previously worked with the City on the installation and
development of the 800mhz system; and
WHEREAS, the system is in need of expansion on certain channels.
NOW, THEREFORE, for the mutual promises and consideration set forth herein,
the parties agree as follows:
1. Recitals. The recitals are incorporated as if fully set forth herein.
2. Work. RCC shall provide the work as set forth in Exhibit "A" in the manner
and time prescribed.
3. Insurance. RCC agrees to secure and maintain such insurance as
required under the Worker's Compensation laws of the State of Florida. RCC agrees
further to secure and maintain liability insurance to protect the City from claims for
bodily injury, death or damage which may arise from the performance by RCC of the
terms of this Agreement. The insurance shall be written for not less than the limits of
liability specified below, or required by law, whichever shall be the greater.
General Liability Aggregate
Products - Comp. OPS Aggregate
Products & Advertising Injury
Each Occurrence
Workers Comp & Employer's Liability
Automotive Liability
Professional Liability
$2,000,000
$2,000,000
$1,000,000
$1,000,000
$100,000 each accident
$500,000/500,000/500,000
$1,000,000
RCC agrees to file with the City a Certificate of Insurance indicating the extent of
coverage and naming the City as additional insured for the duration of this Agreement.
RCC shall provmde the City with 30 days written notice of cancellation or restriction.
4. .Drawin.cjs and Documents. All drawings and documents supplied by
RCC under the terms of this Agreement shall become the property of the City and may
be used by the City, at its risk, as reference for any future work. RCC agrees to send to
the City five copies and one camera-ready original of all drawings and documents.
5. Indemnification. RCC shall defend, indemnify, and save harmless the
City, its officers, agents, and employees, from or on account of any claims, losses,
injuries, or damages, received or sustained by any person or persons during or on
account of its performance under this Agreement as a result of the unlawful actions or
omissions of RCC, its subcontractors, agents, servants, or employees, or by or in
consequence of any negligence of RCC, its subcontractors, agents, servants, or
employees (excluding the sole negligence of the City), in connection with the same; or
by or on account of any use of any improper material, products, including but not limited
to software and hardware, or by or on account of any unlawful or negligent act or
omission of RCC, its subcontractors, agents, servants~ or employees. RCC agrees to
defend, indemnify, and save harmless the City, its officers, agents, and employees,
against any liability arising from or based upon the violation of any federal, state,
county, or city laws, by-laws, ordinances, or regulations by RCC, its subcontractors,
agents, servants, or employees. RCC further agrees to defend, indemnify, and save
harmless the City from all such claims and fees, and from any and all suits and actions
of every name and description that may be brought against the City on account of any
claims, fees, royalties, or costs for any invention or patent, and from any and all suits
and actions that may be brought against the City for the infringement of any and all
patents or patent rights claimed by any person, firm, or corporation.
The indemnification provided above shall obligate RCC to defend at its own expense or
to provide for such defense, at the City's option, any and all claims or liability and all
suits and actions of every name and description that may be brought against the City
which may result from the unlawful or negligent operations or negligent activities under
this Agreement, the operations performed by RCC, its subcontractors, or by anyone
directly or indirectly employed by either. This indemnification includes all costs and
fees, including attorney's fees and costs at trial and appellate levels.
6. .S. taff. RCC shall maintain an adequate and competent staff of
professional qualified personnel of the purpose of rendering the required engineering
services hereunder and shall diligently execute the work and make a best effort to meet
the completion time established by Exhibit "A".
7, Modification in Writinq. This Agreement sets forth the complete
understanding and intent of the parties, any prior writings or verbal agreements
notwithstanding. Any modification to this Agreement shall be in writing and signed by
the parties hereto.
8. No Discrimination. RCC agrees that it will not discriminate against
employees or applicants for employment because of race, creed, color, religion, sex,
age, har~dicapped Status, or nat~on-al' origiri. Such action shall include, but not be-limited
to, the following: employment upgrading, demotion, or transfer; recruitment advedising;
lay-off or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. RCC agrees to post in conspicuous places, available
to employees and applicants for employment, notices setting forth this non-
discrimination clause. This provision applies to all RCC's subcontractors, and it is the
responsibility of RCC to ensure subcontractor's compliance
g. Statement of No Interest. RCC covenants that it presently has no
interest and shall not acquire any interest, direct or indirect, in any project to which this
Agreement pertains or any other interest which would conflict in any manner or degree
with the performance of its services hereunder. RCC further covenants that in the
performance of this Agreement, no person having such interest shall be employed.
10. Compliance with Applicable Laws. RCC shall comply with the
applicable federal and state laws, rules, regulations, and applicable county laws and all
codes and ordinances of the City, as amended from time to time.
11. Venue. RCC hereby covenants, consents, and yields to the jurisdiction
for the state or federal civil courts of Palm Beach County, Florida and Federal Court of
the Southern District of Florida. Any dispute between RCC and the City shall be
governed by the federal laws of the State of-Florida with venue in Palm Beach County
Court.
12. ,Payment. The City shall pay RCC as provided by Exhibit "B". The
payment shall not exceed the amounts as set forth in Exhibit "B". The City shall provide
payment to RCC within 30 days of receipt of an invoice from RCC.
13. Entire A.qreement. The parties agree that this Agreement contains all the
rights and obligations between the parties and there are no oral or written agreements
between the parties which are not expressly set forth herein.
ATTEST:
THE CITY OF DELRAY BEACH,
a Flodda Municipal Corporation
By:
City Clerk
Approved as to form:
David W. Schmidt
Mayor
City Attorney
~ ~(Pleas' ~'-' e pnnt Or'~ype name)
RCC Consultants, inc.
By:
Printed: Michael W. Hunter
Title: President and CEO
(Please print or type name)
(Corporate Seal)
STATE OF NEW JERSEY
COUNTY OF MIDDLESEX
The foregoing instrument was acknowledged before me this 3rdday of
July ..... 2002, by Michael W.Hunter , as President/CEO (name of
officer or agent, title of officer or'agent), of R(;C COnsultants, :Inc. (name of
corporation acknowledging), a Delaware (state or place of
incorporation) corporation, on behalf of the corporation. He/She is personally known to
~ or has produced (type of ider~tification) as
identification. ~JJ~.,' ('~. Z'~/~J,.~,"~,,z ~-','~
Signature of Person Taking~Acknow'i~dgment
Name Typed, Printed or Stamped
LORI G. BEAUREGARD
NOTNW PUBUC OF NEW JERSEY
COMMISSION EXPIRES 121512006
4
07/]0/02 15.35 FAX 561 243 7816 DELRAY BEACH POLICE DEPT ~ CITY ATTORNEY ~003
May 14, 2002
RCC CONSULTANTS, INC. TECHNICAL SERVICES CONTRACT
800 MHz Expansion Project
City of Delray Beach
Task# Description II Hours
1 Update City of Delray Beach Region 9, FCC and APCO 800 MHz Applications for two expansion
channels (YF) 10
2 Update City of Delray Beach Region 9. FCC and APCO 800 MHz Applications for portable talk-
around channels (GF) 2
3 Prepare PSCC Region 9, FCC and APCO 800 MHz applications for seven NPSPAC channels at
Delra¥ Beach (YF) 10
4 Coordinate and track applications referenced in Tasks 1 2 and 3 at Region 9, APCO and FCC
levels ' 7
Coordinate and validate system design and equipment list for Delray Beach 2-channel expansion
5 with City and Motorola 27
6 System walk-through with Motorola and study of Smart-Zone optimimzation for enhanced fire
scene communications* 29
7 Installation inspection and witness acceptance testing by Motorola' 24
8 !System design and acceptance contingencies 9
9 Punchlist resolution and final report 10
*On-Site Task
ON SITE TASKS TOTAL 128
Delray I~each Propose1.020514 Rev_A.xls
07/10/02 WED 15:32 [TX/RX NO 5094]
5UL-10-2002 12:32 RCC Consult~nt~ Southeast 1050224~050 P.00/02
_CC
July 10,2002
City of Delray Beach
200 N.W. 1't Avenue
Delray Beach, FL 33444
Attn: Brian Shutt, Assistant City Attorney
RE: RCC Consultants Proposal for 800 MHz Expansion Project for Delray Beach
Dear Mr. Shutt:
RCC Consultants, Inc. offers the following schedule for performance of the 800 MHz Expansion
Project:
· Task 1 and 3 will be complete by July 30, 2002.
· Task 2 has been deferred at the request of the City.
· Task 4 completely depends on the application processing by Region 9 Committee, APCO
Frequency Advisor, and FCC.
· Task 5 completion date is estimated at 90 days but dependent on system vendor (Motorola).
· Task 6 will be complete by July 30, 2002.
· Task 7 is dependent on MotoroJa's installation time. Motorola will advise the City when
ready to test. The City will direct RCC with a notice to proceed. The task will be performed
within 30 days of Notice but dependent on Motorola's successful completion of tests.
· Task 8 is performed at the direction of the City on an as needed basis.
· Task 9 will be completed within 30 days of the completion of the test in Task 7.
If you have any questions, please feel free to contact me at 850-224-4451.
Sincerely,
G~. Kessler
Director
GMK/Irb
File GfiDELRAY1J. ETTERS~ioO MHZ E.,Y, PANSION TO ciTY ATTORNY 02D710.DOC
RCC Conss ltants, Inc., Southeast Region
930 Thomasvill.e. Road, Suite 200 · Tallahassee, FL 323Q3. tel (li.qo) ~-4r44.~1 · fzor {SRo) zza-_'4o~q
TOTI~I_ P. 92
07/10/02 WED 11:36 [TX/RX NO 50931
' Majy
RCC CONSULTAId'TS, INC TECHNICAL SERVICES CONTRACT
BOO MHZ Expansion Project
City of Delre.y Beach
~ £.ginaeri~g Expenses , ,.
Director 1z $ ZOo. OD $ ~..400.00
Project ~_~.q~l, er. ez s ~so.oo s
9,, .....
Senior Comrnunic~.tlons ..Eh eer 24 $ IS0.D~
" To~, ' s,, '~g, sqp.cm s ~e.,~f-Z-,..~
2 Round~'ri~.,'AltlineFere~llll ~ $ =~ 4Sn.DD S 900.00
6 Days Rm~.'~l ~Jeh~l~ ~) ..... S 76.00 S 4~o.oO_
, M e~ T"om~ s .... -Z.~oo.~o S Z, lOO. OO_
Miscellaneous Expenses .... ' .....
...... · ...... $
TD~t . , , '- '
RCC will invoice City on a monthly basis for services performed and expenses incurred.
06/27/02 TTIU 14:39 [TX/RX NO 50531
[ITY OF OELRI:IY 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 561/243-709l
1993
DATE: July 9, 2002
MEMORANDUM
TO:
FROM:
City Commission --
Brian Shutt, Assistant City Attorney
SUBJECT: FDOT Utility Permit/Hold Harmless Agt. with Developer
Goodison Park Estates is a proposed development located South of Linton Boulevard and
on the East side of A1A. Goodison Park has been required to construct an 8" water main
within the State right-of-way in order to connect to an existing water main. The Florida
Department of Transportation (FDOT) requires the City to act as the utility permit
applicant.
The attached hold harmless agreement will hold the City harmless for work performed by
the developer in the State right-of-way. I have also attached a copy of the standard FDOT
utility permit for work within the State right-of-way.
By copy of this memo to David Harden, our office requests that this item be placed on the
July 16, 2002 City Commission agenda. Please call if you have any questions.
Attachments
David Harden, City Manager
Barbara Garito, City Clerk
Diane Beckers, Plan Reviewer II
RECEIVED
JUL 0 2 2OO,~
City Of Delray Beach ct~ ATI'ORNEY
Department of Environmental Services
M E M 0 R A N D U M
TO:'
FROM:
Brian Shutt, Assistant City Attorney
/
Diane Beckers, Plan Reviewer II cp (Ex.
7327)
DATE: July 2, 2002
SUBJECT: Goodison Park Estates FDOT Hold Harmless Agreement and Utility Permit
Please find attached a hold harmless agreement for work performed within the state
right-of-way. Goodison Park Estates, located at 1845 South Ocean Boulevard, South
of Linton Boulevard on the East side of SR A-l-A, has been required to construct an
eight inch water main within the State right-of-way. The FOOT requires the City to act
as the utility permit applicant. This agreement will hold the City harmless for the work
performed under the permit.
Also, for your review please find the FOOT utility permit application for this project. I
understand that it will be signed and returned to the developer only after the hold
harmless is executed. If the attached is acceptable, please have it executed by the
Mayor.
SSEngAdmin~ TAC~Goodison Park EstatesV-fldHrmls.doc
SENT BY: ENVI~ODESI~N A880CIATEg, INO,; ~6t ~74 85~8; JUN-21-02 4:~OPM; PA~E 3/6
HOLD HARMLESS AGREEMENT FOR WORK
PERFORMF, D WITHIN TIt E STATE RIGHT-OF-WAY
HOLD HARM'LEI$$ AGREEMENT, is enterccl into this ,a~'~'day of
, 2(J0o~ by and between the CITY OF DELRAY BEACII, FLORIDA.
re~:rrcd m as "DEYELOPER").
WI'rNESSETH:
WHEREAS, DEVELOPER wishes to inst:~il/cort~truct utilities in the ri~ll-o£-way of
the Slate of Florida; and
WHEREAS, the CITY is requ~d to si~ the pem~it on bet~alf of thc DE~;I.OPER to
allow the inst~hfio~cons~ction [o ~e place ~ the State ~ght-of-w~y; ~d
~ERE~, ~ C~ is r~uir~ to ind~f ~d hold harmless ~e State for ~e
p~fo~ed by DgVELOPER ~ ~e State 6ght-of-wa~
~E~AS, this A~e~cnt sh~l provid~ ~at DEVELOPER shall hold ha~icss and
de~(1 ~e CI~ ~d thc State for ~e work perfo~ in ~c State ~gh{-of-w~y by
DE~LOPE~, ~ts contr~tor ~ agent.
NOW, T~FO~, l~r the m~tual coronets ~d ma~¢rs s~ ~h h~ei~. ~ of
d~te s~t ~rth above, thc p~ics hereby a~c¢ as roi lows:
The recitation; ~ct fo~ above ~e ~co~orated heroin.
2. DEVELOPER, in consideration of Ec payroll of T~ Dollars ($ I0.00), receipt
of which is h~eby ~owledg~d, a~cc~ to defend, Jnde~, ~d hold ]~less the CITY
· e State, their agent, otEccrs, employees ~,nd se~ ~om ~ny ~d all cla~s, suit, cad, scs
action or any cla~ wlm~cv~ made, m~d dam~cs, includ~g, but not limit~ to r~onablc
9ENT BY: ENV~RODES~N A880OIATEg, INC.; BSt ~74 8~S8~ JUN-et-O~ 4:30PM; PA~E 4/8
attorney's fees and costs at thc trial and appellate levels, which may result Ii'om at~y activity
conducted by DEVELOI~ER, its contractors or agents in relation to rite work performed in the
State right-of-way and as more particularly shown on the enginec.~i.ng plans submitted fer the
developw~nt known as ~'-e~aolt~6,q '~.~
3. DI!;VELOPER warrm~ts and guarantees to the CI'rY ttmt all work on tim utility
improvement shall be conzmtcted in accordance with the applicable codes of the City of D¢lray
Beach and the State et' Florida. The DEVELOPER'S warranty and guarantee shall remain
effect for one year from the date of final acceptance. Unremcdied defects identified for
correction during thc warrant,j/suaranteo period but reatainLag alter its expiration shall he
comidcrml, as part of the obligations of the guarantcu and warranty. D¢fccts in the ii~stallation or
constrttction of tine utility improvemem, which ,'tm remedisd aa a result of obligations of the
warram"y/guatantee shall subject the rm3e.,diecl portion of the work to an extended
warranty/guarantee period of one year after the al,feet has b~¢n rcmuditxl. DEVELOPER shall
deliver this agreemmt to its Surety. The Surety shall be bound with and for the DEVELOPER
in the DEVELOPER'S faithfiil observance of the guarantee.
4. DEVELOI)ER, fl:tall sup;o"ciao and direct the h~stal 'latio[t and constructioll of the
utility improvement, applying .~uch .qkills and expertise as may be necessary to perlbrm the work
in accordance wi~ the approved engineering pla. ns. DEVELOPER shall be solely respomible
for the means, methods, teclmiques, s~!.uen¢¢s and procedures of the construction and
installation of the utility improve, meat.
5. Any claims, lawsuits or disputes that may arise under this Agreement shall be
governed by the l.,awa of 1;'lerida, with venue in P',dm Beach County, Florida.
SENT BY: ENVI~ODESI~N A~8OC~ATE~, INC.~ 58i 274 85~8~ JUN-21-02 4:3tPM~ PA~E 5/e
6. This Agreement constitutes the entire aiffeement and understanding o?the parties,
~,s it pertahxs to the cm~-'tru~;fion or installation of the utility. There are no repr~zeatation~
und~taudinlgs of any kix:d not set fetch herein. Any nmendmen~ to this Agreement nmst be in
writing and executed by bo~
7, DEVELOPER or i~ c~tractor shall m~tmn work~'s compensation insures
in an ~ount r~uked by law a~d general hability insu~ce ~; ~c ~ount ofo~ ~llion doll.s
($1,~0,~0.00) govet~t~ belly jEjg~ ~d prepay ~mage ~ ~d~ fo~, insu~g CITY
a~ ~e State ~ ~/ional named inswcds. DE.LOPER or its eon~ctor shall provide this
~b~ation to the CITY on a Ce~ficatc or Insurance, tha is gceptable to the C~, prior to
co~ene~ ins~atmn ~ censtmction.
8 DEVELOPER sh~l be bog~d by all the te~s ~d conditions found in lite Utai~
P~ A~emcnt bc~een th~ CI~ ami the Sate for ~s proj~ ~d a~ached hereto ~ Exhibit
Clerk.
9. This agreement shall not be valid unless signed by the City's Mayor and City
IN WITNESS WREREOF, the parties hereto have entered inl:o this agreement thc day
and year first wrill, on above.
ATTEST:
By:
City Clerk
Approved a~ to Form:
By:.
City Attm-ney
CITY OF DELRAY BEACH, Iq.~ORIDA
By:
David Sehmidt, Mayor
3
~EN~V: ENV~ODE~QN AS~8C~ATEg, ~NC,~ ~Bt ~74 8~81 JUN-~t-O~ ~:3~PM; PAQE 6/e
WITN'E$ SF, S
(~.or Type
(Print or Type Name)
DEVELOPE~.'
(Print or Type Name)
STATE OF FLORIDA
officer or agcnt) of k O~ ~ek/el~pme,~ r, &, ' ' (namc of cowomtion
acknowled~n8), a ~bt~ (~te or place of inco~ration) c~oration, on
of ~ co~o~on. H~Sh~ is ~o~Iy ~ow~ ~ m~ or hm produc~
{t~ of id~ification) ~ ~dentificatmn and did (did not) take
StYe of Florida
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY PERMIT
PERMIT NO SECTION NO
FDOT construction ~s proposed or under~vay O Yes
Is th~s work related to an approved Ubhty Work Schedule'~
PERMITTEE City of Oelray Beach
STATE ROAD A-I-A
(~) No Financial Project ID
O Yes (~) No If yes, Document Number'
COUNTY
710-o10-85
UTILITIES
OGC. 01/99
Page ! of 3
PALM BEACH
ADDRESS 434 South Swlnton Avenue
Delrey Beach, Florida 33444
TELEPHONE NUMBER
(561) 243-7341
The above PERMIT-tEE requests perrmss~on from the State of Flonda Department of Transportation, heremafter called the FOOT, to construct, operate
and rnamta~n the followmg
8" DIP watermam connection in FDOT right-of-way located at 1845 South Ocean Boulevard, Oelray Beach, FL 33444, approximately 300' south of
Linton Boulevard On the east s~de ot ~SP, A-1-A ~5outtl Ocean 15oulevard)
FROM TO
Submitted for the PERMITTEE by Brian A Beckers, Project Manager
Name and Title (Typed or Printed Legibly) S~gnature Date
1 The PERMITTEE declares that prior to flhng th~s apphcabon, the Iocabon of all ex~stmg utilities that ~t owns or has an ~nterest m, both aerial and
underground, are accurately shown on the plans and a letter of nobficatlon was mailed on to the followmg utdR~es known
to be ~nvolved or potentially ~mpacted in the area of the proposed ~nstallatlon
2. The local Maintenance or Resident Engineer, hereafter referred to as the FDOT Engineer, shall be notified forW-eLqht (48) hours prior to starting
work and again immediately upon completion of work The FDOT's Engmeer is B T Drou~n , located at
7900 Forest Hill Boulevard, West Palm Beach, Florida 33413 , Telephone Number (561) 432-4966
The PERMf~i'EE's employee responsible for Maintenance of Traffic ms , Telephone Number
(Th~s name may be provided at the brae of the 48 hour notice prior to starting work)
3 All work, materials, and equipment shall be subject to inspection and approval by the FDOT Engineer
4 All plans and mstallations shall conform to the requirements of the FDOT's Utility Accomodat~on Manual m effect as of the date of th~s permit is
approved by FOOT, and shall be made a part of this Permit Th~s provision shall not hilt the authority of the FOOT under Paragraph 8 of this
Permit
5 The PERMITTEE shall commence actual construction m good faith within ,,. days after issuance of permit, and shall be completed w~thln
__ days after the permitted work has begun If the beg~nnmg date is more than 60 days from the date of permit approval, the PERMITTEE
must rewew the permR w~th the FOOT Engmeer to make sure no changes have occurred to the Transportation Facd~ty that would affect the
permitted construcbon.
6 The construction and mamtenance of such utility shall not mterfere wRh the property and rights of a prior PERMITTEE
7 It is expressly sbpulated that th~s permit is a hcense for permissive use only and that the placmg of utlhbes upon public property pursuant to this
permit shall not operate to create or vest any property right ~n sa~d holder, except as provided ~n executed subordination and Railroad Ubhty
Agreements
8 Pursuant to Section 337 403(1 ), Florida Statues, any ubhty placed upon, under, over, or along any pubhc road or pubhcly owned ra~l corndor that
is found by FOOT to be unreasonably interfering m any way w~th the convement, safe, or contmuous use, or mamtenance, improvement,
extension, or expansion, of such public road or pubhcly owned rail corridor shall, upon 30 days wntten not~ce to the utlhty or its agent by FDOT,
be removed or relocated by such ubhty at ~ts own expense except as provided m paragraphs (a) and (b), and except for reimbursement rights
set forth ~n prewously executed subordination and Railroad Utlhty Agreements, and shall apply to all successors and assigns for the permRted
facility
9 It ~s agreed Ihat m the event the mstallat~on, adlustment or relocabon of sa~d ut~hbes are scheduled to be done simultaneously w~th the FDOT's
construction work, the PERMITTEE will coordmale w~th the FOOT before proceeding and shall cooperate with the FDOT's contractor to arrange
the sequence of work so as not to delay the work of the FDOT's contractor, defend any legal claims of the FDOT's contractor due to delays
caused by the PERMITTEE's failure to comply w~th the approved schedule, and shall comply w~th all prows~ons of the law and the FDOT's
current Ubhty Accommodabon Manual The PERMITTEE shall not be responsible for delay beyond its control
10 In the case ot~ non-comphance wRh the FDOT's requ~rernents ~n effect as of the date this permR ~s approved, th~s permR ~s void and the fac~hty
will have to be brought mto cornphance or removed from the nght of way at no cost to the FOOT, except for reimbursement rights set forth ~n
previously executed subordmat~on and Railroad Ubhty Agreements Th~s prowslon shall not hmR the authority of the FOOT under Paragraph 8 of
th~s Permit
EXHIBIT "A"
11.
12.
710-01 O-S5
UTILITIES
OGC - 01199
Page 2 of 3
It is understood and agreed that the rights and pnvlleges herein set out are granted only to the extent of the State's right, title and interest ~n the
land to be entered upon and used by the PERMI'I-I'EE, and the PERMIT'FEE will, at all times, and to the extent permitted by law, assume all risk of
and mdemnry, defend, and save harmless the State of Florida and the FOOT from and against any and all loss, damage, cost or expense
arising m any manner on account of the exercise or attempted exercises by said PERMI'I-I'EE of the aforesaid rights and pnwleges
During construction, all safety regulations of the FOOT sha~l be observed and the PERMITTEE must take measures, including placing and the
d~splay of safety devices that may be necessary in order to safely conduct the public through the project area ~n accordance with the Federal
Manual on Umform Traffic Control Oewces, as amended for h~ghways, the requirements of the Standard Apphcabon Package for railways,
~ncludlng flagging services and Radroad Protective Insurance or acceptable alternabve, when apphcable, and the FDO'I"s latest Roadway and
Traffic Design Standards and Standard Specifications for Road and Bndge Construction, as amended When a Ubl~ty deems ~t necessary to
conduct Traffic Control actlwbes and methods significantly d~fferent from those addressed ~n the above references, the Utility must submit an
alternative plan s~gned and sealed by a quahfied registered Florida professional engineer quahfled to develop Traffic Control Planning ~n
accordance w~th the prows~ons of the Utility Accommodation Manual, Chapter 8
13 Should the PERMITTEE be desirous of keeping its ubht~es in place and out of service, the PERMITTEE. bv execution of this cermet acknowledges
~ts present and continuing ownership of ~ts utilities located between Lmton Blvd and
Bermuda Gardens Rd w~th~n the FDOT's nghts of way as set forth above Whenever the
PERMITTEE removes ~ts fac~hties, it shall be at the PERMITTEE's sole cost and expense The PERMITTEE, at its sole expense, shall promptly
remove said out of service ublltles whenever the FDOT determines said removal ~s ~n the pubhc ~nterest
14 In the event contaminated sotl ~s encountered by the Ubhty or anyone w~th~n the permitted construction limits, the Utility shall ~mmed~ately cease
work and notify the FOOT The FOOT shall coordinate w~th the appropriate agencies and not~fy the PERMI'FT'EE of any suspension or revocabon
of the permit until contamination assessment and remed~abon, as appropriate under Rule Chapters 62-770 and 62-730, Florida Administrative
Code, has progressed to a state that all enwronmental regulatory agencies hawng jurisdiction have approved the s~te of the contamination for
resumption of work
15
16
17
Ounng excavation operabons, an on-s~te representabve of the PERMITTEE may be required to perform the follow~ng act~v,tles with respect to
their own facll~bes physically expose or d~rect exposure of underground facilit~es, prowde any necessary support to facilities and/or cover
aerial fac~hbes as deemed necessary to a~d construction
Pursuant to Secbon 337 401(2), Florida Statutes, the permit shall require the perm,t holder to be responsible for damage resulting from the
~ssuance of the permit The Department may imtlate injunctive proceedings as provided m Secbon 120 69, Flonda Statutes, to enforce
prowslons of this subsection or any rule or order ~ssued or entered into pursuant thereto
Pursuant to Secbon 337 402, Florida Statutes, when any public road or publicly owned ra~l corridor is damaged or impaired ~n any way because
of the installation, inspection, or repair of a utility located on such road or publicly owned tad corndor, the owner of the utility shall, at h~s or her
own expense, restore the road or publicly owned rad corridor to ~ts ong~nal condition before such damage If the owner fa~ls to make such
restoration, the authority ~s authonzed to do so and charge the cost thereof against the owner under the prows~ons of Secbon 337 404FIonda
Statutes
18. Special FOOT ~nstruct,ons
19
It ~s understood and agreed that commencement by the PERMITTEE ~s acknowledgment and acceptance of the binding nature of all the above
hsted permit cond~bons and special instructions
By the below s~gnature, the Perm~ttee hereby represents that no change to the FDOT's standard Ut~hty Permit form, as incorporated by
reference rotc Rule 14-46 001, Flonda Admm~strabve Code, for th~s Ubhty Permit has been made which has not been prewously called to the
attention of the FOOT (and s~gmfied to by checking the appropriate box below) by a separate attached written document showing all changes
and the written and dated approval of the FOOT Engineer Are there attachments reflecting change/s to the standard form?
You MUST slgnry by selecbng or checking which of the following applies
(~) No changes have been made to this Forms Document and no Appendix enbtled "Changes To Form
Document" ~s attached
O No changes have been made to th~s Form Document, but changes are included on the attached Appendix
entitled "Changes to Forms Document"
PERMITTEE SIGNATURE DATE
Name & T~tle of Authorized Permlttee or Agent
(Typed or Printed Legtbly)
APPROVED BY
D~stnct Maintenance Engineer or Designee
ISSUE DATE
PERMIT NO SECTION NO STATE ROAD A-1-A COUNTY
710-010-85
UTILITIES
OGC - 01199
Page 3 of 3
UTLITY PERMIT FINAL INSPECTION CERTIFICATION
DATE
DATE WORK STARTED'
DATE WORK COMPLETED'
INSPECTED BY Permlttee or Agent
REMARKS (Brief summary of approved plans changes).
CHANGE APPROVED BY
D~stnct Ma,ntenance Engineer or Designee
DATE
I the undersigned PERMITTEE do hereby CERTIFY that the utility construction approved by the above numbered permit was ~nspected and
installed ~n accordance w~th the approved plans made a part of this permit and ~n accordance with the FDOT's current Ubhty Accomodabon
Manual. All plan changes have been approved by the FDOT's Engineer and are attached to this permit I also certl~ that the work area has
been left ~n as good or better condition than when the work was begun
PERMITrEE. . SIGNATURE DATE:
Name & T~tle of Authorized Perm~ttee or Agent
(Typed or Pnnted Legibly)
CC' O~stnct Permit Office
Perm~ttee
~ I : BROOKS LN.
I [ ~ RHODES -VILLA AVE.
' DEL-HAVEN DR.
I I '~ , ~ , ,
LIN T0N BOULEVARD
¢ , / ' / /
/i < <: DEL HARBOUR DR.i:~/ t m
~ ~I /, I ¢I o i!L
,
of DELRAY BEACH LOCAnON MAP D,~: ~.[ 2~2
E~M~ ~8 ~~ Goodison P~rk Esfefes 1
~~A~~Y~~~ 1845 Soufh Ocean Blvd.
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~¢/~
AGENDA ITEM Y~/--REGULAR MEETING OF JULY 16, 2002 DELRAY
BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST
DATE: JULY 12, 2002
This is before the Commission for approval of four (4) subsidy awards to eligible applicants/families
under the De[ray Beach Renaissance Program for the following properties:
· $21,285.00 for 3302 Spanish Wells Drive, C
· $19,238.00 for 2809 Zomo Way #3-A-2
· $21,375.00 for N.W. 5~' Avenue
$18,226.00 for N.W. 6m Avenue
Two (2) are for acquisition rehabilitation and two (2) are for new construction. This subsidy brings
the total to 147-homeowner assistance grants provided under the City Renaissance Program.
Funding for the total amount of $80,124.00 for these subsidy awards is available from 118-1924-
554-83.01 (SHIP Program).
Recommend approval of the funding subsidies under Delray Beach Renaissance Program as
outlined above.
S'\(hty Clerk\chevelle folder\agenda memos\Remussance Program 07 16 02
MEMORANDUM
TO:
FROM:
THRU:
DATE:
SUBJECT:
David Harden, City Manager
Kendra W. Graham, C. D. Specialist
Lula Butler, Community Improvement Director
May 28, 2002
Delray Beach Renaissance Program Subsidy Requests
ITEM BEFORE THE COMMISSION
City Commission authorization and approval to issue a subsidy to four (4) eligible
applicants/families under the Delray Beach Renaissance Program. This subsidy brings the
total to 147 homeownership assistance grants provided under the city Renaissance
Program to date.
BACKGROUND
The Delray Beach Renaissance Program Memorandum of Understanding was approved
by the City Commission on January 23, 1996. In partnership with the Delray Beach
Community Development Corporation, the TED Center, the Community Redevelopment
Agency, the Community Financing Consortium, the Federal Home Loan Bank of Atlanta
and the Delray Beach Housing Authority, we committed to providing homeownership
opportunities to 80 homebuyers through new construction and acquisition rehab
beginning October 1, 1995 through September 30, 1998. The initial agreement was
extended for a term of one year in 1999 and 2000 by all partners and the City
Commission. A new Memorandum of Understanding beginning October 1, 2001 through
September 30, 2004 was approved by all parties and the City Commission on February
19, 2002.
Each potential homebuyer is required to attend a homebuyer's seminar sponsored by the
Community Financing Consortium, Inc., the Renaissance Program's parmer and first
mortgage lender. The seminar includes training and information on financial planning,
credit and borrowing, budgeting, fair housing issues, mortgage and closing costs and a
comprehensive glossary of real estate terms.
The Grant is secured by a Promissory Note/Second Mortgage approved by the City
Attorney and requires the applicant to maintain ownership/residence for a specified
period according to the amount of the Grant. Grant amounts less than $15,000 per unit are
forgiven at a rate of 20% per year for a period of five (5) years and Grant amounts equal
DELRAY BEACH RENAISSANCE PROGRAM
SUBSIDY REQUEST BREAKDOWN
NEW CONSTRUCTION NO
CENSUS TRACT 69.05
NAME Gertrude Plummer
PROPERTY ADDRESS 3302 Spanish Wells Drive, C Spanish Wells Condominium
LEGAL DESCRIPTION Span±sh lgell$ Condo II Unit C Bldg /~0
% OF AREA MEDIAN HOUSEHOLD INCOME 60%
FIRST MORTGAGE
RATE 6.625%
LTV 80.00%
PROJECT/SUBSIDY BREAKDOWN
COST OF UNIT
COST OF LOT
COST OF DEVELOPER'S FEE
Estimated Pre-paids (Lender 1003)
Estimated Closing Costs (Lender 1003)
TOTAL TRANSACTION:
FIRST MORTGAGE
TOTAL SUBSIDY
Second Mortgage $ 17,785.00
Developer's Fee $ 3,500.00
$ 107,000.00
$ N/A
$ 3,500.00
$ 1,389.13
$ 1,841.80
$ 113,730.93
$ 85,600.00
$ 21,285.00
THIRD MORTGAGE
OTHER CREDITS
Estimated Cash To/From Borrower (Lender 1003)
$
$
$
1000.00
5,845.93
NO. IN HOUSEHOLD 3_~
(includes Rehabilitation)
AmTrust Bank
City of Delray Beach (SHIP)
Deposit
LIN TON BOULEVARD
CANAL . L-36 ,
ELEMENTARY
i. ............................................ i CANAL L-37
N
CITY OF DELRAY BEACH, FL
PLANNING & ZOfllNG DEPARTMEN'T
3302 SPANISH WELLS CONDO
PCN# 12-42-46-25-03-002-0403
-- D1~11',4£ ~4S~ MAP SYSTEM -- MAP RET LMK¢
DELRAY BEACH RENAISSANCE PROGRAM
SUBSIDY REQUEST BREAKDOWN
NEW CONSTRUCTION NO
CENSUS TRACT 69.04
NAME Lachezar & Anelia Pavlova
PROPERTY ADDRESS 2809 Zorno Way #3-A-2 Lago Del Rey Condominium
LEGAL DESCRIPTION Lago Del Rey Condo 1 [Init 3-A-2
% OF AREA MEDIAN HOUSEHOLD INCOME 70%
FIRST MORTGAGE
RATE 5.990%
LTV 87.36%
PROJECT/SUBSIDY BREAKDOWN
COST OF UNIT
COST OF LOT
COST OF DEVELOPER'S FEE
Estimated Pre-paids (Lender 1003)
Estimated Closing Costs (Lender 1003)
Discount
TOTAL TRANSACTION:
FIRST MORTGAGE
TOTAL SUBSIDY
Second Mortgage $ 15,738.00
Developer's Fee $ 3,500.00
$ 95,000.00
$ N/A
$ 3,500.00
$ 485.91
$ 2,804.00
$ 753.83
$ 102~543.74
$ 79,35O.00
$ 19,238.00
THIRD MORTGAGE
OTHER CREDITS
Estimated Cash To/From Borrower (Lender 1003)
2,777.00
1,178.74
NO. IN HOUSEHOLD
(includes Rehabflxtatton)
AmTrust Bank
C~ty of Delray Beach (SHIP)
Deposit
~N VERNESS AVE
WAY
LOWSON
FA IR WA Y COND OS
BOULEVARD
DEL-AIRE BLVD
LAKEVIEW
GOLF COURSE
BLVD
LAKE~EW
GREENS
CONDO
CROWN CT
S W 1,3TH
LINTON
ST.
--0
15'~-I ST.
PANSY LANE
JUNIPER DRIVE
HIBISCUS BLVD,~,
BLACK
SUMAC CT
OLIVE BLVO
BOULEVARD
MALAYAN DR
CANAL
L-36
N
CITY OF OELRAY REACH, FL
PLANNING .z.. ZONING DEPARTMENT
2809 ZORNO WAY, 3-A-2
PCN# 12-43-46-19-18-001-0312
---- DIGITAJ. J~ASE MAP SYSTEM -- MAP REF: LMK1
DELRAY BEACH RENAISSANCE PROGRAM
SUBSIDY REQUEST BREAKDOWN
NEW CONSTRUCTION YES
CENSUS TRACT 67
NAME Zabella St-Fleur
PROPERTY ADDRESS _xxx NW 5 th Avenue, Delray B each (12-43-46-16-01-025-0210) _
LEGAL DESCRIPTION Town of Delra¥ S 50 let of lq 200 Ft of lg 120 Ft of Blk 25
% OF AREA MEDIAN HOUSEHOLD INCOME 53%
FIRST MORTGAGE
RATE 6.625%
LTV 80.00%
PROJECT/SUBSIDY BREAKDOWN
COST OF CONSTRUCTION
COST OF LOT
COST OF DEVELOPER'S FEE
Estimated Pre-paids (Lender 1003)
Estimated Closing Costs (Lender 1003)
TOTAL TRANSACTION:
FIRST MORTGAGE
TOTAL SUBSIDY
Second Mortgage $ 17,875.00
Developer's Fee $ 3,500.00
$ 93,800.00
$ 12,500.00
$ 3,500.00
$ 1,265.76
$ 3,028.00
$ 114~093.76
$ 85,000.00
$ 21,375.00
THIRD MORTGAGE
OTHER CREDITS
Estimated Cash To/From Borrower (Lender 1003)
100.00
7,618.76
NO. IN HOUSEHOLD
Northern Trust
City of Delray Beach (SHIP)
Lot Deposit
NW
ELDORADO
7TH
ST
LAKE TERR
N.W 6TH ST
N E. 6TH ST
SUNSHtNE
KII LYNN
WOOD LANE
ENFI£LD
BOY SCOUT
HUT
' I
CARE
CENTER
3RD ST
[ (
LAKE
MARTIN LUTHER ,.-., KING JR
TRINITY N E 5TH ST.
LUTHERAN ~ ~
I D A R 0 A D N.E 4TH ST.
METHODIST ~]~1
N e 3RD ST.
CITY
ATTORNEY
BUILDING
Z
DRIVE N E. 2ND
ST
N
CITY OF DELRAY BEACH, FL
PLANNING & ZONINGDEPARTMENT
XXX NW 5TH AVENUE
PCN# 12-43-46-16-01-025-0210
--- DId;Il'AL ~4$~ MAP GY$~M --- MAP RE.F LMK2
DELRAY BEACH RENAISSANCE PROGRAM
SUBSIDY REQUEST BREAKDOWN
NEW CONSTRUCTION YES
CENSUS TRACT 67
NAME Gamett and Glorith Johnson
PROPERTY ADDRESS
LEGAL DESCRIPTION
Blk 10
XXX NW 6th Avenue, Delray Beach ( 12-43-46-16-01-010-0081
Town of Delrav N 58 Ft of S 312.12 Ft of E 135 Ft
% OF AREA MEDIAN HOUSEHOLD INCOME 59%
FIRST MORTGAGE
RATE 7.00%
LTV 91.00%
PROJECT/SUBSIDY BREAKDOWN
COST OF CONSTRUCTION
COST OF LOT
COST OF DEVELOPER'S FEE
Estimated Pre-paids (Lender 1003)
Estimated Closing Costs (Lender 1003)
TOTAL TRANSACTION:
FIRST MORTGAGE
TOTAL SUBSIDY
Second Mortgage $ 14,726.00
Developer's Fee $ 3,500.00
$ 98,600.00
$ 10,000.00
$ 3,500.00
$ 1,512.38
$ 5,277.20
$ 118,889.58
$ 97,000.00
$ 18,226.00
THIRD MORTGAGE
OTHER CREDITS
Estimated Cash To/From Borrower (Lender 1003)
$
$
$
3,663.58
NO. IN HOUSEHOLD ~2
Repubhc Bank
City of Delray Beach (SHIP)
7TH ST.
NW
LAKE
MARTIN
LUTHER
TRINITY
LUTHERAN
IDA ROAD
CA SON I
METHODIST I
CHURCH
CITY
ATTORNEY
BUILDING
KING JR
CITY
HALL
NE 6TH ST
N E. 5TH ST.
N.E. 4TH ST
POST
OFFICE
N E 3RD ST
DRIVE N,E 2ND ST
CITY OF DELRAY BEACH, FL
PLANNING z,. ZONING DEPARll~IENT
-- DI~'ITAI. ~$£ tI~P SYSTEM --
XXX NW 6TH AVENUE
PCN# 12-43-46-16-01-010-0081
MAP REF LMK3
Agenda Item No.:
AGENDA REQUEST
Request to be placed on:
__ Regular Agenda
Special Agenda
Workshop Agenda
__ Consent Agenda
Date: July 12, 2002
When: July 16, 2002
Description of item:
Authorization and approval to issue subsidies to four (4) eligible applicant under the
Delray Beach Renaissance Program totaling $80,124
Note: This applicant brings the total homeownership assistance grants provided under the
Renaissance Program to date to 147.
Recommendation:
Staff recommends approval of four (4) subsidy awards. Funds are to be awarded from the
State Housing Initiatives Partnership (SHIP) Program.
SHIP Total: $80,124 Account Number: 118-1924-554.83-01
Department Head Signature:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: ~/NO
Funding Alternatives:
Account No. & Des~cription: \~-I°['Lq- ~3'~ 23,0/
Account Balance: ~
~(if applica.ble)
City Manager Review:
Approved for Agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
AGENDA ITEM ~[~/ - REGULAR MEETING OF JULY 16. 2002 AWARD OF
BIDS AND CONTRA(frs
DATE: JULY 12, 2002
This is before the City Commission to approve the award of the following bids:
Contract award to Pioneer Contracting, Inc. in the amount of $116,886.55 for the
Dekay Shores Enhancements - Udell Lane Project. Funding is available from 334-
6111-519-63.89 (Neighborhood Enhancements).
Contract award to Conquest Engineering, Inc. in the amount of $304,534.00 for the
Seacrest Neighborhood Improvements Phase III, Water Main Upgrades project.
Funding is available from 442-5178-536-65.03 (Seacrest/Del-Ida).
Purchase award to Fisher Scientific Company in the amount of $46,560.00 via the
Broward Coop Bid for replacement fire fighting personal protective clothing.
Funding is available from 001-2311-522-52.22, 001-2313-522.52.22, 001-2315-
522.52.22, and 001-2317-522.52.22 (Uniforms/Linen).
Purchase award to Chemical Lime Company at an estimated annual cost of
$314,241.50 via the City of Boynton Beach Co-op Bid #052-2821-02/KR for bulk
quicklime for the City of Delray Beach. Funding is available from 441-5122-536-
51.21 (2002-2003 Budget).
Bid award to Signcraft, Inc. in the amount of $18,134.00 for the installation of
seventy-one (71) signs for the Wayfmder Signs Phase II project. Funding is
available from 334-6111-519-64.90 (General Construction Fund/Other
Machinery/Equipment).
Recommend approval of the above bids and purchases.
S:\Ctty Clerk\chevelle folder\agenda memo\Bid Memo.07 16.02
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D
U M
www.delrayesd.com
TO: David T. Harden
City Manager
FROM:
Rafael Ballestero
Deputy Director of Construction
DATE: July 5, 2002
SUBJECT:
Delray Shores Enhancements - Udell Lane (Project # 2002-008)
Commission Agenda Item, Construction Contract Award
Attached is an Agenda Request for City Commission to approve an award of contract to Pioneer
Contracting Inc., for the Delray Shores Enhancements - Udell Lane project The improvements
include' asphalt paving, brick pavers, curbing, concrete driveways, sidewalks, and traffic markings.
Funding source ~s account # 334-6111-519-63.89, Neighborhood Enhancement. The cost for this
contract ~s $116,886.55.
Attached for your review is a map showing the project locations and a bid tabulation.
enc
cc:
Richard Hasko, P E., D~rector of ESD
Randal Krejcarek, City Engineer
C~ty Clerks Office
Agenda File 07-16-02
Project File 2002-008 (A)
S'~EngAdmtn~Projects~2OO2~2OO2-OOS~CONSTRC'l'~gnd Memo Conquest 07.16 02. doc
,ooo~oo,oo,oo~o, ~ g~
ooo~o~o~o~ol 'o ~ - ·
AGENDA REQUEST
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda
Agenda item No. ~2" ~
Date: July 5, 2002
When: July 16, 2002
Description of item (who, what, where, how much):
Commission approval for contract award to Pioneer Contracting, Inc., for the Delray Shores
Enhancements - Udell Lane proiect, PN 2002-008, for b~d in the amount of $116,886.55. The
improvements include' asphalt pavm.q, brick pavers, curbing, concrete driveways, sidewalks, and traffic
markin.qs Fundin.q source ~s account # 334-6111-519-63.89. Neighborhood Enhancements.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval/authorization
Department head signature ~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review,/o"-eq,uired on all items involving expenditure of funds):
~ Funding availabl_~___~/NO
~/j~) Funding alternatives _--- (if.applicable)
~,'~--~\~. Account No. & Description'~'~q
~ Account Balance ~
City Manager Review:
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:\EngAdmin\Projects\2002\2002-008\CONSTRCT\Agnd Req Conquest 07.16.02.doc
City Of Delray Beach
Department of Environmental Services
M E M 0 R A
N D U M
www.delrayesd.com
TO: David T. Harden
City Manager
FROM:
Rafael Ballestero
Deputy Director of Construction
DATE: July 5, 2002
SUBJECT:
Seacrest Neighborhood Improvements Phase III (Project # 2001-016)
Commission Agenda Item, Construction Contract Award
Attached is an Agenda Request for City Commission to approve an award of contract to Conquest
Engineering Inc., for the Seacrest Neighborhood Improvements Phase III, Water Main Upgrades
project. The ~mprovements include: installation of water mains, roadside swale grading and sodding
Funding source is account # 442-$178-536-65.03, Water I Sewer - Seacrest I Del Ida
· The cost for th~s contract is $304,534.00.
Attached for your review is a map showing the project locations and a bid tabulation.
enc
cc:
Richard Hasko, P.E, D~rector of ESD
Randal Krejcarek, City Engineer
C~ty Clerks Office
Agenda File 07-02-02
Project File 2001-016 (A)
S IEngAdmin~Projectst2001t2001-O16~CONSTRCT~Agnd Memo Conquest 07 16.02 doc
/~/
PINE RIDGE RD. _ -
SEA CREST L N.E. 21ST ST.
~ E~ENTARY /
, ~c~oo~ / /
Dill
~ LN. ~
~ = ~S ~ ~K
C~ of DELRAY BEACH SEACREST NEI~BORHOOD OA~:~-s-o~
~~~~~~ IMPROVEMENTS PHASE III
~ ~ ~ ~ ~ ~ ~ ~ 2001-016
AGENDA REQUEST
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda
Agenda Item No.~'~, ~
Date: July 5, 2002
When: July 16, 2002
Description of item (who, what, where, how much):
Commission approval for contract award to Conquest Engineering, Inc., for the Seacrest
Neighborhood Improvements Phase III Water Main Upgrades proiect, PN 2001-016, for b~d in the
amount of $304,534.00 The improvements include ~nstallation of water mains, roadside swale .qradin.q
and soddin.q Fund~n.q source is account # 442-$178-536-65.03, Water I Sewer - Seacrest I Del Ida.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval/authorization
Department head signature /~~~~?
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review~ired on all items involving expenditure of funds):
~ Funding availabl~Y~ES.~NO
~ Funding alternative~'~' .- . (if ~pplicable)
{<~..~\b~ Account No. & Description clc~Z-::::)i~l'~
Account Balance ~> ~:2x-~. (o~-~
" - r d- x__.) ' '
City Manager Review:
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
/NO ~
Placed on Agenda:
Action:
Approved/Disapproved
S:~EngAdmin~Projects~2001~2001-O161CONSTRCTtAgnd Req Conquest 07 16.02 doc
[ITY OF DELRI:I¥ BEI:I[H
FIRE DEPARTMENT
DELRAY BEACH
AiI.Amedca City
1993
MEMORANDUM
TO:
FRQM:
DATE:
SUBJECT:
SERVING DELRAY BEACH
David T. Harden, City Manager
. GULFSTREAM ·
Kerry B. Koen, Fire Chief
July 8, 2002
Purchase of Replacement Personal Protective Clothing
HIGHLAND BEACH
The Fire Department recommends awarding the purchase of forty (40)
sets of replacement fire fighting personal protective clothing from Fisher Scientific
in the amount of $46,560.00 from the Broward Fire Co-op contract. Funding is
available in this current budget year from categories 001-2311-522-52-22; 001-
2313-522-52-22; 001-2315-526-52-22; and 001-2317-522-52-22. This purchase
will enable us to continue our current replacement schedule for this personal
protective equipment.
kBK/tw
Kerry B. Koen
Fire Chief
FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444
(561) 243-7400 · SUNCOM 928-7400 · FAX (561) 243-7461
Printed on Recycled Paper
FISHER SCIENTIFIC
QUOTATION
JUNE 27, 2002
DELRAY BEACH FIRE DEPARTM
501 WEST ATLANTIC AVENUE
DELRAY BEACH
FL 33444
PAGE: I
FISHER SCIENTIFIC COMPANY LLC
6507 N. HARNEY ROAD
TAMPA FL 33610
(800) 226-1126
CUST REF NBR QT/ GEAR 2002
ACCOUNT NBR: 813864-001
QUOTE NBR: 2178-1613-08
TERMS: NET 30 DAYS
DUE DATE:
REQUESTOR: TAMMY
PHONE: 5612437413
FOB: DEST
AUTHORIZED BY: MARY GRIFFITH
*** PRICES ARE FIRM THRU 07/27/02 ***
PLEASE REFER TO THE QUOTE NBR ON ALL CORRESPONDENCE
THANK YOU FOR YOUR INTEREST IN FISHER SCIENTIFIC COMPANY LLC
SAFETY REP: CARTER HALL
NBRI QTY lUNI CATALOG NBR I DESCRIPTION I UNIT PRC I EXTD PRC
1
EA
NON-CATALOG
NON-CATALOG
BPR25E0 TAILS GLDN BROWN
VNDR NBR = 0061647
I VNDR CAT NBR = FLDELB00021
BPR25E0 PANTS GLDN BRWN
i VNDR NBR = 0061647
VNDR CAT NBR = FLDELB00022
MERCHANDISE TOTAL
688.00
476.00
1,164.00
QUOTATION TERMS AND CONDITIONS
F~sher Sc~enbfic Company and/or ~ts Curbn Matheson Scientific division (collectively the "D~stributor") will sell to the customer ("Customer") and Customer w~ll
purchase from D~stnbutor the quoted products, subJect to the following terms and conditions
PRICES' All pnces are quoted F O B sh~pp~ng point for the Indmated firm period Customer shall pay all federal, state, munm~pal or other sales or use tax or
any other taxes upon the Products or services provided to Customer by D~stnbutor D~stnbutor reserves the nght to make additional charges for special
packaging, sh~ppmg and handhng required to comply with manufacturers' spec~ficabon, apphcable DOT or other regulabons, or to meet Customer requirements
D~stnbutor expressly disclaims any representation or warranty concern~ng"most favored customer" pncmg which may appear in any Customer's documents ~n
connection with the sale of any Products by Dmtnbutor to Customer
TERMS: D~stnbutor's standard terms of 30 days net are applicable to all domestic and foreign shipments Invoices against Products shipped outside the
Un,ted States are payable in United States currency Dmtributor reserves the right to collect interest at a rate equal to the higher apphcable lawful interest rate
on mvomed amounts not pa~d w~th~n thirty (30) days of mvome date, v, nth interest to accrue monthly until full payment is received.
DELIVERY: All shipping dates are approximate Distributor reserves the right to substitute alternate Products with equivalent specifications for those ordered
Customer shall have the nght to return any substituted Products at no charge by following Distributor's return goods policy
PRODUCT WARRANTY AND INDEMNITY: To the extent possible, Dmtributor w~ll make available to ~ts Customers the manufacturers' warrant~es for Products
purchased by Customer, without recourse to D~stnbutor Distributor warrants to Customer that dunng the manufactures specified warranty period, Distributor or
manufacturer wdl, upon prompt not~ficabon and compliance w~th D~stnbutor's instrucbons, repair or replace, at D~stnbutor's sole opbon, any Product which Is
defecbve tn matenal or workmanship No employee, agent or representative of D~stnbutor has the authonty to bind Dmtnbutor to any oral representation or
warranty concerning any Product sold Any oral representation or warranty made prior to the purchase of any Product and not set forth ~n wntmg and s~gned by
a duly authonzed officer of Dmtnbutor shall not be enforceable by Customer DIstnbutor makes no warranty and shall have no obhgatlon w~th respect to
expendable or consumable parts and supphes nor w~th respect to damage caused by resulbng from accident, m~suse, neglect, or unauthonzed mstallabon,
alterations or repairs to the Products
DISTRIBUTOR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES
OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. Dmtnbutor's sole responsibility and the Customer's exclusive remedy for any
claim ans~ng out of the purchase of any Product ~s repair or replacement, as described above In no event shall D~stnbutor's hab~ilty exceed the purchase price
pa~d therefor, nor shall D~stnbutor be Imble for any claims, losses or damages of any third party or for lost profits or any special, redirect, ~nc~denta{,
consequential, or exemplary damages, howsoever ansmg, even If Dmtrlbutor has been advised of the possibility of such damages
Except as otherwise expressly set forth herein, D~stnbutor d~sclalms any obligation to defend or indemnify Customer, its officers, agents, or employees, from
any losses, damages, liabilities, costs or expenses which may arise out of Distributor's acts or omissions or the sale or use of the Products provided to
Customer by Distnbutor
RETURN GOODS POLICY Products descnbed m O~stnbutor's pohcy may be returned to D~stnbutor w~thin 30 days for replacement or adjustment To assure
prompt handling, Customer must obtain a return goods authori.zatlon number from DJstnbutor and reference this number on return sh~ppmg documents. Returns
made w~thout the authonzatlon number w~ll be returned to the Customer, freight collect D~stnbutor reserves the nght to reserve any credit ~ssued to Customer
(I) for any Product not returned after authorization and request by D~stnbutor, or (ii) if, upon return, such Product ~s determined by Distributor not to be
defective Cop~es of D~stnbutor's pohcy are available upon request,
FREIGHT CLAIM POLICY Even w~th the greatest of care, occasional damages or shortages are unavoidable. Upon receipt of a shipment from Distnbutor,
Customer shall unpack and inspect ~t for damage and shortage Customer shall not accept a damaged or short shipment unbl the dehvenng carner's dnver has
made a "damage" or "shortage" notabon on Customer's copy and the carrier's copy of the freight b~ll Customer must notify the carder ~mmediately
If damages are noted Customer should immed~ateiy request the carrier to make an inspection Concealed damage must be reported to the carner within 15
days of delivery All sh~ppmg containers and packing materials must be retained by Customer for the inspecbon. Salvage must be held for career's disposition
MEDICARE/MEDICAID REPORTING REQUIREMENTS: The pnces shown on this quotabon are net of discounts provided at the brae of purchase Some
Products may be subject to additional discounts agreed upon between the parties By accepting such Products, customer agrees to comply with such reporting
requirements as may be ~mposed on ~t under federal Medicare and Medicaid programs and state health care programs. 42 CFR Section 100 1 952 IN)
SOFTWARE: If the Products ~nclude computer programs ("Software"), the "sale" of such Software shall not constitute a sale or transfer of propnetary nghts ~n
or to the Software but rather shall only constitute the nght and license to use the Software in accordance with applicable specifications, instructions and license
terms and condltmns of the licensor
PATENTS: If notified promptly m writing of any acbon or claim against Customer, that Customer's purchase or use of the Product infnnges a United States
patent Distnbutor will defend such actmn at ~ts expense and will pay the costs and damages awarded Jn any such actions, provided D~stnbutor shall have sole
control of the defense of the acbon and all negobat~ons for ~ts settlement or compromise Distributor shall not have any liability to Customer ff the infringement
or claim thereof is based on (I) the use or sale of the Product m combination with other products or devices which are not furnished in combination by
Dmtnbutor or (l~) the furmsh~ng to Customer of any mformabon, servme or apphcabons assistance In no event shall D~stributor's total hablhty to Customer under
th~s provismn exceed the amount pa~d by Customer to Dmtnbutor for the Product alleged to infringe The foregoing states the entire liability of Dmtnbutor to
Customer vath respect to infnngement of patents by the Products, any parts thereof or their operabon
FORCE MAJEURE: The performance by D~stnbutor of any covenant or obhgabon on ~ts part to be performed under any agreement v, nth Customer shall be
excused by floods, strikes, or other labor d~sturbances, nots, fires, accidents, wars, embargoes, delays of corners, fmlure of power, or regular sources of
supply, acts, injunctions, or restraints of government, or any other cause prevenbng such performance, beyond Dmtnbutor's reasonable control
LIMITATION OF ACTIONS: Any cause ofacbon for breach of warranty must be brought by the Customer, ~f at all, within one (1) year from the date the cause
of actmn accrued Any d~screpancy ~n D~stnbutor's pncmg or other charges shall be deemed waived by Customer unless Customer nohfies D~stributor thereof,
In writing, within ninety (90) days from the date of the invoice on which such disputed transaction is reflected
MISCELLANEOUS: These Terms and Conditions shall control as to any Products provided by D~stnbutor to Customer hereunder None of the terms and
cond~bons contained hereto may be added to, modified, superseded or otherwise altered except by wntten ~nstrument s~gned by duly authonzed representatives
of Distributor and Customer
ATTACHMENT "B"
Safety Equipment Company
Public Safely Division
February 2, 2000
To: Pa t Greenstein
City of/HarEate
From: Carter/-/off
Safety Equipment Company
Subject: Coop pr/c/nE
£n accordance with our GSA price structure, we will be able to offer you
the fo/Iow/nE discounts for manufacturers covered under our agreement.
/Morn/nE Pride {bunker ~enr)
. ~6P~injT~Pnid~'.fh, lmet$) ......... .~ .' ..-
A4oe. ning. Pride,fhoods)--.=,. ·
~orning Pride ~loves)
~anger
~arrington
50Y~
34~
35 ,~
These price~ will be from the current manufacturer price//st. In
add/t/on, we will extend to all those bu),inE throuEh the Coop, a 90 day
extension of oil listed manufacturers pr/ce lists. ~f you have any
questions, please don't hesitate to contact me.
Carter Hall
l~eyioa A4anager
Sal~ety Equipment C~mpany , Public Safety Division , Tampa, Florida
(888) 263-5319 , (813) 622-7554 ' Fax: (813) 62[-7413
June 26, ;ZUo2 ti:l ,' I'M Prom: carter Hall I-aX R:: ~::)4-q.,.lq-:D~zu rage '1 oT *,
Safety Equipment Company
Public Safety Division
June 26, 2002
To: Tammy Wheatley
Delray Beach Fire Rescue
From: Carter Hall
Safety Equipment Company
Subject: Morning Pride Pricing
Tammy,
This is to confirm that Safety Equipment Company will honor Morning Pride
pricing for you based on the Broward Fire Co-op contract. This pricing is a set
discount (50%) from manufacturer list. Under this, you are price protected
according to the Morning Pride 2002 price list. Please note that Safety
Equipment Company was acquired by Fisher Scientific and is now a wholly
owned subsidiary. Purchase orders can be addressed to Fisher Scientific or
Safety Equipment, but all invoicing comes from Fisher. If you have any
questions, please don't hesitate to call me.
Safety Equipment Company ~ Public Safety Division ~ Tampa, Florida
(888) 263-5319 · (813) 622-7554 ~ Fax: (813) 621-7413
Request to be placed on:
X Consent Agenda
When:
AGENDAITEMNUMBER. ~[~..~
AGENDA REQUEST
July 16, 2002 Date: July 8, 2002
Special Agenda
Workshop Agenda
Description of agenda item: Request City Commission's approval on the purchase of forty (40)
sets of replacement fire fighting protective clothing from Fisher Scientific Company as budgeted in
the current budget year Amount of this purchase ~s $46,560 00 and we will p~ggy back the b~d
from the Broward Co-op.
ORDINANCE/RESOLUTION REQUIRED: YES
Attached. YES
NO X
NO
Recommendation: Approve purchase of fire fighting protective clothing
Department Head Signature:
Kerry B. Koen,JFire Chief
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available' Yes X No
Funding alternatives:
Account Number
Account Description.
Account Balance:
(if applicable)
001-2311-522-52-22, 001-2313-522-52-22, 001-2315-526-52-22
And 001-2317-522-52-22.
Un~forms and Linen
City Manager Review:
Approved for agenda: ~,)
Hold Until.
Agenda Coordinator Review:
No
Received:
Action: Approved
Disapproved
P.O. #
MEMORANDUM
TO:
FROM:
THROUGH:
David T. Harden, City Manager
Jacklyn Rooney, Purchasing Supervisor
Joseph Safford, Finance Director
DATE:
July 10, 2002
SUBJECT:
DOCUMENTATION - CITY COMMISSION MEETING
JULY 16, 2002 - BID AWARD - PUCHASE OF BULK
QUICKLIME FROM CHEMICAL LIME COMPANY VIA THE CITY
OF BOYNTON BEACH CO-OP BID #055-2821-02/KR
Item Before Commission:
City Commission is requested to approve the award for the purchase of bulk quicklime from
Chemical Lime Company via the City of Boynton Beach Co-op Bid #052-2821-02/KR at an
estimated annual cost of $314,241.50.
Background:
The City of Boynton Beach is the lead agency for this cooperative bid. Bids were received on
May 21, 2002, from two (2) vendors based on estimated annual quantities of the participating
governmental entities of this co-op bid. (Documentation on file in the Purchasing Office). A
tabulation of bids is attached for your review.
The City of Boynton Beach awarded this co-op bid to Chemical Lime Company at their City
Commission meeting of July 02, 2002. See attached memo dated July 03, 2002 to participating
members of the Cooperative Purchasing Council of Palm Beach.
The Manager of the Water Treatment agreed to the recommended award to Chemical Lime
Company as stated on attached memo dated June 03, 2002.
Recommendation:
Staff recommends award to Chemical Lime Company for the purchase of bulk quicklime at an
estimated annual cost of $314,241.50. Funding from account code 441-5122-536-52.21 (fiscal
year 2002 - 2003).
Attachments:
Tabulation of Bids
Memo From City of Boynton Beach
Memo from Manager Water Treatment Plant
o
o
.~t ~l Prmo~l
14AY 282062
PROGUREIIENT SERVK:EB
May 23, 2002
Karen
CITY OF BOYNTON BEACH
P.O. Box 310
Boynton Beach, FL 33425-0310
RE: Bid #055-2821-02/KR CO-OP BULK QUICKLIME
Dear Karcn:
As further clarification of the above reference bid please note the
base pr/ce of$109.00 per ton listed on the proposal page includes
the rail freight rate of $32.80 per ton. To arrive at a delivered
price for the various co-op entities, please add the base price per
ton and the truck freight rate per ton.
Should you require additional information or if I can be of any
further assistance, please contact me at 1-800-633-4889.
Respectfully,
Caroly .n~addox
Sales Atlministrator
Southern Region
attc
CARI US
CHIMIE. MINE, RACE
A Member' t,f the
GOVERNMENTAL UNIT DELIVERY LOCATION
CITY OF BOYNTON BEACH
100 E. BOYNTON BEACH BLVD.
P.O. BOX 310
BOYNTON BEACH, FL 33425-0310
CITY OF DELRAY BEACH
100 N.W. 1ST AVENUE
DELRAY BEACH, FL 33444
CITY OF LAKE WORTH
1900 2t4~) AVENUE
LAKE WORTH, FL 33461-4298
CITY OF RIVIERA BEACH
800 W. BLUE HERON BOULEVARD
RIVIERA BEACH, FL 33404
CITY OF WEST PALM BEACH
1045 CHARLOTTE AVENUE
WEST PALM BEACH, FL 33401
SO. CENTRAL REGIONAL WWTP
1801 N. CONGRESS AVENUE
DELRAY BEACH, FL 33445
TOWN OF HIGHLAND BEACH
3614 S. OCEAN BLVD.
HIGHLAND BEACH, FL 33487
VILLAGE OF WELLINGTON
14000 GREENBRIAR BLVD.
WELLINGTON, FL 33414
1620 S. SEACREST BLVD.
BOYNTON BEACH, FL 33435
200 S.W. 6TM STREET
DELRAY BEACH, FL 33444
*Delivery driver must check with operator
on duty before un-loading. Ticket will not
be signed until after delivery.
301 S. COLLEGE STREET
LAKE WORTH, FL 33460
*Delivery times between 8 AM - 6 PM,
Monday - Friday
800 W. BLUE HERON BOULEVARD
RIVIERA BEACH, FL 33404
1009 BANYON BLVD.
WEST PALM BEACH, FL 33401
1801 N. CONGRESS AVENUE
DELRAY BEACH, FL 33445
6800 N. FEDERAL HWY.
BOCA RATON, FL 33431
1100 WELLINGTON TRACE
WELLINGTON, FL 33414
Requested C~ty Commission
Meeting [)ales
[] March 19,2002
[] April 2, 2002
[] April 16, 2002
[] May 7, 2002
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned
tn to C~ty Clerk's Office
March 6, 2002 (5 00 p rn )
March 20, 2002 (5.00 p m )
April 3, 2002 (5.00 p rn )
April 17, 2002 (5 00 p m )
Requested City Commisswn
Meetint Dates
[] May21,2002
[] June 4, 2002
[] June 18,2002
[] July 2,2002
Date Final Form Must bc Turned
m to City Clerk's Office
May 8, 2002 (5 00 p.m.)
May 22, 2002 (5'00 p.m.)
June 5, 2002 (5.00 p.rn )
June 19, 2002 (5 00 pm.)
NATURE OF
AGENDA ITEM
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Heating [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION: Motion to award "CO-OP BULK QUICKLIME", Bid #055-2821-02/KR, to Chemical
Lime Company in the amount of $1,389,146.00 with an estimated annual expenditure of $113,850.00 for the City of
Boynton Beach Utility Department.
CONTRACT PERIOD: JULY 3, 2002 TO JULY 2, 2003
EXPLANATION: On May 21, 2002, Procurement Services received and opened two (2) sealed proposals for the bid
mentioned above. Chemical Lime Company of Alabama, Inc., Mulberry, Florida was the lowest, most responsive,
responsible bidder ;vho meets all specifications. Dependent upon rainfall, water restrictions, and other factors, we
anticipate a usage of approximately 1100 tons per year. Chemical Lime Company has previously supplied lime to the
City in a satisfactory manner. Bob Kenyon, Deputy Utilities Director, concurs with this recommendation (see
attached Memo #02-69).
The City of Boynton Beach is the lead entity for this Palm Beach County Cooperative Purchasing bid. The total
cooperative bid is $1,389,146.00. There are seven (7) other entities participating in this bid and survey results indicate
that all agree with this award (survey attached).
PROGRAM IMPACT: The purpose of this bid is to secure a source to provide the best quality Bulk Quicklime
available at the most economical price and deliver to various government entities that have elected to participate in
the Cooperative Bid. Bulk quicklime is used by the East Water Treatment Plant to precipitate calcium carbonate
from the ~vater. The provisions of this bid award will allow for a one (1) year extension at the same terms, conditions,
and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best
interest of the City.
FISCAL IMPACT:
BUDGET ACCOUNT
PROCESS CHEMICALS
#401-2811-536-52-35
ESTIMATED ANNUAL
EXPENDITURE
$113,850.00
S \BULLETIN\FORMSXAGENDA ITEM REQUEST FORM.DOC
AGENDA ITEM NUMBER:
AGENDA REQUEST
Request to be placed on: July 16, 2002
Date: July 10, 2002
XX Consent Agenda __ Special Agenda __ Workshop Agenda
Description of agenda item:
Purchase Award of Bulk Quicklime from Chemical Lime Company via the City of Boynton Beach
Co-op B~d #052-2821-02/KR at an estimated annual csot of $314,241.50 for the City of Delray
Beach.
ORDINANCE/RESOLUTION REQUIRED: YES
Draft Attached: YES
NO
NO
Recommendation:
Approve award to Chemical L~me Company for the purchase of bulk quicklime wa the City of
Boynton Beach Co-op Bid #052-2821-02/KR at an estimated annual cost of $314,241.50.
Funding from account code 441-5122-536-5',[~1 (2002-2003 budget)
Department Head Signatur;~-~_~-g~', ~-~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
available: [Ye~ ~ No
Funding
Funding alternatives:~"~ 0'~ _~i,j ~,~ ~ ~ EO I, 2-'~.~
Account Number: qql-5 Z?_-5 .SZ-Zl
Account Description: ~XO.4~; ~'.fl~ [ S
Account Balance: ~ d'~,"~'~'~f
(if applicable)
City Manager Review:
Approved for agenda:(~
Hold Until:
No
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
MEMORANDUM
TO:
FROM:
THROUGH:
David Harden, City Manager
Jacklyn Rooney, Purchasing Supervisor( ~
Joseph Safford, Finance Director
DATE:
July 11, 2002
SUBJECT:
DOCUMENTATION - CITY COMMISSION MEETING
JULY 16, 2002 - AWARD APPROVAL
FOR INSTALLATION OF SEVENTY-ONE (71) SIGNS
THROUGHOUT THE CITY OF DELRAY BEACH
Item Before Commission:
City Commission is requested to approve the award for the installation of seventy-one (71) signs
throughout the City of Delray Beach to the most qualified low bidder, Signcraft, for the total
amount of $18,134.
Background:
The City is in need of a vendor for the installation of seventy-one (71) signs located throughout
the City for the Wayfinder Sign project. This work is for installation of the signs only as the sign
materials are being supplied by the City. Bids were received from seven (7) vendors all in
accordance with Purchasing Policies and Procedures. Bid #2002-31 on file in the Purchasing
Department. A tabulation of bids is attached for your review.
The Parking Specialist for the City of Delray is recommending award to the second low bidder,
Signcraft, for a total amount of $18,134. The Parking Specialist has checked references of the
second low bidder, and comments received were positive.
The low bidder, Play Space Services, Inc. has submitted a letter requesting withdrawal of his bid
due to misinterpretation of the scope of work. Copy of the letter dated July 11, 2002 is attached.
Recommendation:
Staff recommends award to Signcraft for the installation of signs for the Wayfinder Sign project
at a total cost of $18,134. Funding from account code 334-6111-519-64.90.
Attachments
Planning & Zoning Department
MEMORANDUM
TO:
FROM:
DATE:
RE:
Jackie Rooney I Purchasing SuperVisor
Scott Aronson / Parking Specialis(t,~
Bid # 2002 - 31 ~
I have reviewed the responses for Bid # 2002 - 31 and recommend that Signcraft be
awarded the contract for the installation of the Wayfinder Signs.
Questioning the disparity between the first and second bids it was apparent that Play
Space Services Inc. had misunderstood the scope of work. Subsequently, the attached
request for withdrawal would leave Signcrafter as the lowest qualified bidder in the
amount of $18,134.00.
Feel free to contact me at ext. 7286 if I may be of any further assistance in this matter.
07/11/2002 10:01 4079579129 PAGE 01
PLAY SPACE SERVICES, INC.
109 E 17wrI STREET
ST CLOUD, FL 34769
1-888-653-7529 FAX 407-957-9599
Sulyll, 2002
City of Delray Beach
100 NW 1st Ave
Del[ray Beach, F1 33444
Dear Mr. Anderson
At this time Play Space Services would like to withdraw it's bid for the installation of the
signs in and around the City of Delray Beach (Bid # 2002-31). Our reason for this
request is that we have misinterpreted the scope of work and apparemly left a portion of
the estimate out of our price. We apologize for any inconvenience this may have caused
you and your staff and hope this will not reflect poorly on our company. I thank you and
the City of Delray Beach for your understanding and cooperation in this matter. As
always, Please feel frefi~? contact us with any questions you may have.
Sincerely, ~i] /
Play S ervices, Inc.
Lazaro Oonzalez
AGENDA REQUEST
Request to be placed on: July '16, 2002
Date: July 11, 2002
XX Consent Agenda
Special Agenda
__ Workshop Agenda
Description of agenda item:
Bid award approval to Signcraft for the installation of seventy-one (71) signs for the Wayfinder
Sign Project for a total amount of $18,134.
Funding from account code 334-6111-519-64 90
ORDINANCE/RESOLUTION REQUIRED: YES
Draft Attached: YES
Recommendation:
Department Head Signatu~
Determination of Consistency with Comprehensive Plan:
Budget Director Review (required on all items involving expenditure of funds):
Funding available.
Funding alternatives:
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agenda'~)
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved
Yes V"' r.~ No
(if applicable)
_.~ No
Disapproved
NO
NO
City Attorney Review/Recommendation (if applicable):
TO:
THRU:
FROM:
SUBJECT:
DAV~~~I~ANAGER
PAUL DORMNG, DIRE(~T~R OF PLANNING AND ZONING
MEETING OF JULY 16, 2002.
APPEAL OF THE SITE PLAN REVIEW AN'D APPEARANCE BOARD'S DENIAL OF AN
AWNING FOR HESSLER PAINT AND DECORATING CENTRE.
The action requested of the C~ty Commission is that of considerabon of an appeal of the Site Plan Review and
Appearance Board's denial of elevations associated with a Class I site plan modification for Hessler Paint and
Decorating Centre. The subject property is located at 4591 West Atlantic Avenue.
The SPRAB actions were taken on June 26, 2002 and appealed on July 3, 2002 by Dan Hessler, Owner of
Hessler Paint and Decorating Centre. The appeal is being processed pursuant to LDR Section 2.4.7(E)
Appeals.
The development proposal involves a Class I site plan modification for the installation of a red convex style
back-lit storefront awning along the building's south elevation. The awning was to be back-lit to accommodate a
sign. The proposed awning was thirty feet (30') in length and will project four feet (4') from the building. The
awning itself was five feet (5') in height and was to be suspended seven feet-s~x inches (7'-6") above the
existing entrance. A complete analysis of the proposal is found in the attached Site Plan Review and
Appearance Board staff report.
At its meeting of June 26, 2002, SPRAB considered the Class I site plan modification, for the installation of an
awning. After significant discussion, the Board voted to deny the installation of the awning.
The staff report contained a recommendation of approval subject to modification of the awning type (to one
which did not extend above the building elevation) and modification of the color to a less vibrant red. The
applicant presented a modified request (box style awning and less vibrant color) to the Board. The Board had
significant discussion with respect to required findings of LDR Section 4.6.7(H)(2)(b), which states "the overall
effect of the configuration or color of a sign shall not be garish. "Garish" signs are those that are too bright or
gaudy, showy, glaring, and/or cheaply brilliant or involving excessive ornamentation".
The Board had reservations concerning the less vibrant "red" and found the proposed awning was not in
compliance with the Land Development requirements of Section 4.6.18 and Section 4.6.7(H)(2)(b). The
applicant is appealing this decision. The specific reasons for the appeal are that the action is:
· Inconsistent with prior approvals of the Board to allow vibrant colors on other awning within the City;
· Contrary to the weight of the evidence presented at the meeting of June 26, 2002."
Board discretion
Attachments: SPRAB Staff Report
Appeal Letter
essler Paint & Decorating Center
CITY CLERK OF DELRAY BEACH 7-03-02
100 NW 1ST AVENUE
DELRAY BEACH, FLA. 33444
ATTENTION: BARBARA GARITO
LAST WEEK ON JUNE 2STH THE PLANNING AND ZONING COMMITEE REVIEWED
MY APPLICATION FOR A NEW AWNING. A PREVIOUS SUBMISSION WAS MADE
TO THE PLANNING AND ZONING DEPARMENT AND WAS DECLINED BASED ON THE
STRUCTURE BEING ABOVE THE ROOF LINE AND THE COLOR BEING TO VIBRANT.
DURING THE MEETING LAST WEEK THE ISSUE WAS DISCUSSED AT GREAT
LENGTH. SO MUCH SO THAT, I COULD TELL THE COMMITTEE WASN'T
REALLY SURE WHAT TO DO.
DURING THE MEETING I SUBMITTED NEW DRAWINGS SHOWING THE REDESIGN
DF A SHED STYLE CANOPY BELOW THE ROOF LINE AS RECOMMENDED BY THE
PLANNING AND ZONING DEPARTMENT! I ALSO CHANGED THE COLOR FROM A
BRIGHT RED TO A DARK RED. I ALSO SUBMITTED SEVERAL PICTURES OF
OTHER BUSINESSES ON ATLANTIC AVENUE AND FEDERAL HIGHWAY WITH RED
AWNINGS. I DO BELIEVE THE COLOR. IS THE MAIN ISSUE FOR THE DENIAL
FOR THE AWNING. MY PROBLEM IS THAT THIS IS BENJAMIN MOORE PAINTS
TRADEMARK COLOR AND I CAN'T DEVIATE TOO FAR FROM THEIR
SPECIFICATION.
BECAUSE I BELIEVE I MET THE ORIGINAL RECOMMEDATIDNS AND REQUIRMEMTS
OF THE PLANNING AND ZONING DEPARTMENT, I FEEL MY APPEAL TO YOU FOR
RECONSIDERATION IS APPROPRIATE.
THANK YOU FOR YOUR CONSIDERATION OF THE ABOVE.
SINCERELY,
4591 W. Atlantic Ave. · Delray Beach, FL 33445
(561) 495-8900 · Fax (561) 495-9850
Agent: Jay Post, Delray Awning
Project Name: Hessler Paint & Decorating Center
Project Location: 4591 West Atlantic Avenue (North Side of West Atlantic Ave)
The item before the Board is approval of a building elevation change associated with a
Class I Site Plan Modification for Hessler Paint & Decorating Center, pursuant to
LDR Section 2.4.5 (G)(1)(a).
The subject property is located on a portion of the property consisting of Lots 1-4 and
the west 35 foot of Lot 5 (less the north 8 foot and the south 28.75 foot of the road right-
of-way thereof) of Highland Trailer Park and is zoned Neighborhood Commercial (NC).
The property was annexed into the City in 1992, with the NC zoning designation. The
building was previously occupied by a furniture store and is now occupied by Hessler
Paints.
The development proposal consists of the installation of a red convex style back-lit
storefront awning along the building's south elevation. The awning is back-lit to
accommodate a sign. The proposed awning is thirty feet (30') in width and-will project
five feet (5') from the building. The awning itself is three feet (4'6"') in height and is
suspended seven feet-six inches (7'-6") above the existing entrance.
LDR Section 4.6.18(B)(14) Criteria for Board Action: The following criteria shall be
considered, by the Site Plan Review and Appearance Board (SPRAB), in the review of
plans for building permits. If the following criteria are not met, the application shall be
disapproved:
(a) The plan or the proposed structure is in conformity with good taste, good
design, and in general contributes to the image of the City as a place of
beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality.
(b) The proposed structure, or project, is in its exterior design and appearance of
quality such as not to cause the nature of the local environment or evolving
environment to materially depreciate in appearance and value.
Meeting Date: June 26, 2002
Agenda Item: III.D.
SPRAB Staff Report
Hessler Paint & Decorating Center- Site Plan Modification
Page 2
(c) The proposed structure, or project, is in harmony with the proposed
developments in the general area, with the Comprehensive Plan, and with the
supplemental criteria which may be set forth for the Board from time to time.
The convex style awning style awning is inconsistent with the style of the structure.
Also, as the proposed awning/sign will project above the roof line of the building, the
proposed sign would be considered a roof sign, which is prohibited pursuant to LDR
section 4.6.7(E). The awning should be shed style to be consistent with the building
style, similar to the entrance awnings that previously existed. This would also enable
the proposed sign to comply with LDR Section 4.6.7 as the sign lettering can be applied
to the face and would not project above the building.
In addition, there is a concern with regard to the awning color. The building is a very
pale crbme color. To install this bright of an awning color, which will be back-lit, is
inappropriate. Thus, the awning color should be less vibrant.
Based upon the above, installation of an awning on the subject building is appropriate
provided the awning is shed style and the color is less vibrant, which has been attached
as a condition of approval.
Approve the
based upon
Regulations,
Class I Site Plan Modification for Hessler Paint & Decorating Center,
positive findings with respect to Section 4.6.18 of the Land Development
subject to the following conditions of approval:
That a shed style awning be installed to be consistent With the structure;
and,
That the proposed awning be of a less vibrant color.
Attachments:
· Proposed Site Plan and Awning Detail
\\x,
\
I
I
I
\
\
\
\
ADMINISTRATIVE SERVICES
MEMORANDUM
TO:
FROM:
SUBJECT:
David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Agenda Item City Commission Meeting July 16, 2002
Request from The Friends of Sandoway House Nature Center,
Inc. - Parking Lot Use
DATE: July 9, 2002
Action
City Commission is requested to consider a request from The Friends of Sandoway House,
Nature Center, Inc. to grant a temporary use permit per LDR's Section 2.4.6 (H) for the use of the
eastern portion of the Ingraham parking lot from 5:00 p.m. November 21, 2002 through noon on
Monday November 25th, and use of the balance of the Ingraham lot and the Sandoway parking lot
from 5:00 p.m. until midnight on Saturday November 23rd for their annual fund-raiser.
Back~round
Attached are letters I have received from Carolyn Patton requesting the use of the Ingraham
parking lot and Sandoway parking lots for their annual fund-raiser scheduled to be held on the
site this year on November 23, 2002.
A portion of the Ingraham lot is needed on November 21~t for the tent set up and the balance of
this lot and the Sandoway lot are needed for the event parking.
The Nature Center is preparing to hold this event on site this year to showcase the center, coral
reef pool and other exhibits.
No staff overtime is needed. Barricades would be dropped off at the site and would be set up and
the lots manned by volunteers.
This item has been reviewed by the Parking Management Advisory Board and they recommend
approval.
Recommendation
Staff recommends approval of the temporary use permit for the use of the east end of the
Ingraham lot from November 21 ~t at 5:00 p.m. through November 25th at noon and the use of the
balance of this lot and the Sandoway lot on November 23rd from 5:00 p.m. until midnight for the
Sandoway House fund-raiser contingent on the receipt of the liability insurance certificate and a
hold harmless agreement.
RAB/tas
Cc: Matt Reid
File:u. Sweeney/agenda
Doc: Sandoway House Fund-Raiser
The Friends I of Sandoway House Nature Center, Inc.
A NON-PROFIT
ORGANIZATION DEDICATED TO
SUPPORTING A NATURE CENTER
IN A HISTORIC BEACHFRONT SETTING
President
William S. Weisman, Esq.
Vice-President
Carolyn H.R. Patton
Secretary
Yvonne Templeton
Michael 1. Daszkal, CPA
Board of Directors
Hon. Jay Alperin
Former Mayor, City of Delray Beach
Michael I. Daszkal, CPA
Mary Higgins
Jean M. Irwin
Amanda Jones
Anne Marie Krejcarek
Dr. Scott McOwen
Carolyn H.R. Patton
JoAnn Kern Peart
Alieda N. Riley
Mary Lou Schillinger
Hon. David W. Schmidt
Mayor, City of Delray Beach
Yvonne Templeton
Lisa Tieman
William S. Weisman, Esq.
Executive Director
Matthew Reid
SANDOWAY HOUSE
NATURE CENTER
(561) 274~SAND
A New Community
Resource for
Palm Beach County
142 South Ocean Blvd.
Delray Beach, Florida
33483
Mr. Robert Barcinski
Assistant City Manager
100 N.W. 1st Ave.
Delray Beach, FL 33444
JUL, 0 l 2802
June 29, 2002
Dear Bob,
We met with the tent company (Tents and
Events ) of Pompano yesterday, and these
are the particulars that you needed.
1. The tent will be set up in the east por-
tion of the Ingraham lot as approved by the
Parking Management Advisory Board.
2. We will set the tent up on Thursday
November 21, after 5:00 P.M.
3. We will take the tent down on
Monday November 25, in the morning.
Thank you so much for all your help with
this matter.
[lTV OF DELRI:I¥ BEI:I[H
DELRAY BEACH
NI-AmmicaC~
1993
2001
May 29, 2002
100 N.W. 1st AVENUE
RECEIVED
NAY 3 '1 200~'
CITY MAN^GER
DELRAY BEACH, FLORIDA 33444 561/243-7000
Ms. Carolyn H.R. Patton
Sandoway House Nature Center
142 South Ocean Boulevard
Delray Beach, FL. 33483
Dear Ms. Patton:
The Parking Management Advisory Board, at their meeting of May 28, 2002,
approved your request for the use of the Sandoway and Ingraham Parking Lots
for your fundraiser, to be held on November 23, 2002.
Due to concerns of traffic flow within the Sandoway Lot, the approval requires the
location of the tent to be in the east end of the Ingraham Lot. Pursuant to our
discussion, as the tent will be placed in the area currently designated for
handicapped parking, I suggest reserving a few spaces immediately west of the
entrance to provide convenient parking for any handicapped visitors attending
the fundraiser.
Should you encounter problems with the placement of the tent in Ingraham Lot,
feel free contact me at 243 - 7286 to discuss alternative solutions.
Yours truly,
Scott Arodson
Parking Management Specialist
Cc: Bob A. Barcinski, Assistant City Manager
FROM.: SAN~)OWAY PHONE NO. : 561 368 3639 MaW. 16 ~00~ 08: 1~
!
Friends of Sandoway House Nature Center, Inc.
A NON-PROFIT
ORGANIZATION DEL')ICoATED TO
IN A HISTORIC BE~CHFRONT
~ident
William S. Weisman.
Vicc-~idg~
Carolyn H.R. Patto~
Yvonne Templ~on
Michael I Da~Tka],
~d o~ Directs,
HO~. Jay Aiperin
f~me; ~. C~ ~ ~1~
Mi~ael 1. D~zkai. CPA
Ma~ ~i~ns
Jean M. l~in
Atlne M0rie ~r~:k
Dr. ~ott McOwen
~ol~ H.R. Pa~on
JoAnn ~rn
~ieda N. Riley
Ma~ ~u ~hilling~r
Hon. David W.
Mawr, O1y o~ Deir~
Yvonne
~ ~ernan
Willi~ S- Wclsman.
Ma~hew Reid
SANDOWAY HOUSE
NATURE CENTER
(561) 274-SAND
A New C~mmunity
Resource for
Palm Beach County
J 42 South Ocean Blvd.
Deiray l~ach. Florida
33483
May16,2002
Mr. Bob Barcinski, Assistant City Manager
City of Defray Beach
100 N.W. First Avenue
Delray Beach, Florida 33444
Dear Mr. Barcinski:
We write at this time to update our May 8 request for use of portions of
lngraham/Sandoway parking lots, north and south of thc Sandoway House,
on thc evening of Nov. 23, 2002. On that date, we plan om major fall
thndraJser which contributes almost one-third of our operating budget for
the next year.
After a site visit today by the tent company, it was brought to our attention
that the tent may have to be erected in the western section of the Sandoway
Parking lot instead of the eastern section of the tngraham lot. The tent
would only be on one side of the central island, so that the remainder of
the two parking lots would be open to the public (the tent would be erected
on Friday morning).
Thank you again for all your help in this matter.
Carolyn [I R. PaRon, ~reside~t ,,
The Friends of Sandoway House Nat e Center, Inc.
A NON-PROFIT ~IF~O~~ ,~ ~ ~/
ORGANIZATION DEDICATED TO
SUPPORTING A NATURE CENTER ~,r,~- - RI~CI~IVED
IN A HISTORIC BEACHFRONT SETTING
President
William S. Weisman, Esq.
Vice-President
Carolyn H.R. Patton
5ecreta~
Yvonne Templeton
Treasurer
Michael I. Daszkal, CPA
Board of Directors
lion Jay Alperin
Former Mayor, Cl~ of Delray Beach
Michael I. Daszkal, CPA
Mary Higgins
lean M. Irwin
Amanda Jones
Anne Marie Krejcarek
Dr. S~ott McOwen
Carolyn H.R. Patton
,loAnn Kern Peart
Alieda N. Riley
Mary Lou Schillinger
Hon David W. Schmidt
Mayor. CRy of Delray Beach
Yvonne Templeton
Lisa Tiernan
William S. Weisman, Esq.
Executive Director
Matthew Reid
SANDOWAY HOUSE
NATURE CENTER
(561 ) 274-SAND
A New Community
Resource for
Palm Beach County
142 South Ocean Blvd.
Delray Beach, Florida
33483
May 8, 2002 MAY 1 3 2002
CITY MANAGER
Mr. David Harden, City Manager
City of Delray Beach
100 N.W. First Avenue
Delray Beach, Florida 33444
Dear Mr. Harden:
We write at this time to request the use of portions of the
Ingraham/Sandoway parking lots, north and south of the Sandoway House,
on the evening of Nov. 23, 2002. On that date, we plan our major fall
fundraiser which contributes almost one-third of our operating budget for
the next year.
We need to hold this event on-site this year partly because of the lack of
facilities available to us on this date, but, more importantly to showcase
our nature center, our new coral reef pool, and a new, exciting
shell collection we have been given.
We would erect our tent in the east section of the Ingraham parking lot,
which the Parking Advisory Board has already said we can use for special
events (please see attached). The only difference would be that we would
need to erect the tent one or two days prior to the event to allow us time to
set up tables, buffet, stage, etc.
That evening, as we anticipate about 200-250 guests (120 cars), we would
utilize available parking spaces in the remainder of the Ingraham lot and
the Sandoway lot. We would have valet parkers and off-duty policemen to
monitor the parking situation. Because there would be a total of 176
remaining spaces in both lots, we do not think on Nov. 23, prior to
Thanksgiving, that the public would suffer a lack of spaces. We suggest
that during the day on Thursday, Friday and Saturday, a portion of the
metered spaces be given to permit parkers to make up for the spaces of
th_eir_s that our t.ent would oover.
Thank you for your help in this matter. Please call if we can answer any
additional questions.
Sincere/15h ~~
Caro~n, Vice-President
Cc:Robert Barcinski
Z
LO
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
LORE'ITA McGHEE, DEPUTY CITY CLERK, ~
AGENDA ITEM~~-~ - REGULAR MEETING OF _IULY 16, 2002
ESTABLISHMENT OF PROPOSED MILLAGE RATE~
DATE: JULY 12, 2002
Per the City Manager, information regarding Item 9.D, "Establishment of Proposed Millage Rate" will
be sent to you on Monday for your review.
MEMORANDUM
TO:
FROMi
SUBJECT:
MAYOR AND CITY OOMMISSIONERS
CITY MANAGER~
AGENDA ITEM~ ~- REGULAR MEETING OF JULY 16, 2002
APPOINTMENT TO DELRAY BEACH HOUSING AUTHORITY
DATE: JULY 12, 2002
The Delray Beach Homing Authority has informed our office Mr. Herman Green passed away on June
21, 2002. Mr. Green's untimely death has created a vacancy on the Board for an unexpired term ending
July 14, 2004.
Per statute, an appointee may not be an officer or employee of the Cat),. Further, each housing authority
must have at least one member who is a resident, cunent in rent, of the housing project or a person of
low or very low income who resides within the housing authority's jurisdiction and is receiving rem
subsidy through a program administered by the authority. There is a resident member ctmently serving
on the Housing Authority.
The following have submitted applications for consideration:
Joseph Bemadel
Gineger Eisenrod
Joe Farkas (also applying for PlaNning & Zoning~
Philip Friedman
Ilse Nathan
W'fllie Ports
GaryRosen (curre~ntly serving as an alternate for Board of Adjustment)
Voter registration verification was completed and all are registered with the exception of Wtllie Potts.
According to Florida Statutes, members are appointed by the Mayor and ratified by the Commission.
However, at the City Commission meeting of June 5, 1991, a comensus was reached whereby each
Commissioner would, on an inforrml basis and according to the rotation procedure, make a
recommendation to the Mayor as to the Housing Authority appointees.
Based on this system, the recommendation/appoinmmnt will be made by Commissioner McCarthy (Seat
#4).
Recommend appointment of one (1) reg~,lar member to the Delray Beach Housing Authority to fill an
unexpired term ending July 14, 2004.
Bo;nd commission memo dbha 07-16-02
DELRAy BEACH HOUSING AUTHORITY
770 S.W. 12th TERRACE · DELRAY BEACH, FLORIDA 33444-1396 · (561) 272.6766 -- FAX: (561) 272-7352 -- TDD: (561) 265.1434
June 25, 2002
Mr. David Schmidt, Mayor
City of Delrhy Beach
100 NW 1" Avenue
Delray Beach, Florida 33444
Subject: Delray Beach Housing Authority Board Vacancy
Dear Mr. Schmidt:
This is lo inform you that Mr. Herman Green, Vice Chairman of the DBHA Board of
Commissioners passed away on Friday, June 21, 2002. Mr. Green's untimely death has
created a vacancy on the Board fl~at needs to be filled. Our records indicate tha! his term
would have expired July 24, 2004.
Thank you for your attention.
Sincerely,
DOROTItY ELLINGTON
Executive Director
CC: DBHA Board of Commissioners
I l '~ BOARD MEMBER APPLICATION
'-- lgg3
' ~?,~ ,,
Nr-~.,~','a, ~~ .....
_ , r,~~~ · ,' -,,," , '
~fi'. Describe ~xperio~, ~ills ~ k~te wh{~h ~ you t~ I~'~ ~ bo~ '(?le~ ~h i ~rief~me) -'
~here~ certify ti?~t ~11 the ~bove statements are true, 'and ~ a§ree and understand lh~t any
f~cts 6ontalned m this applic~tion ma~ cause forfeiture upOi~ rny part
"~ot.: ~.is apPli~io~ will r~._ ,,i" o~ ~c ~ ~bc City Ci~k*s Oll~c. for · lxriod ot~l ),~..~-s from ~e
submi.ncd. Ii v-ill bo the .,~lica~'s responsibi:.lt~ to c. nsme that a curt'eh! application is on 6lc.
RECEIVED
FEB 0 9 20D1
OlTY CLERK
JOSEPH M. BERNADEL
2901 CLI]~IT MOORE ROAD~ SUFI'E 158
BOCA RAXTON, FLORIDA:~3.496" _ _.
Telephone 561 $83-3457; Fax 561.883-5465
E-mail: haifimuseum~aol.~om; Website: www.~p~.net
OB3E~E
To promote ed .,u~ation and fadlitate dialogue on cross-cu .ltura! .iss.ueS, race
reconciliation, diversity and leadership among -msldents of our South Rorida""
community, ~
SUMMARY OF EXPEI?3ENCE
Leadership experience as a U.S. Army Officer in Increaslngly responsiblq
and sensitive positions in The.united' States,. Afri'~a,'Asla, Central America ahd'
'the Caribbean for 22'y~.ars~' with three years active duty on the Army Staff at the"
Pentagon.
Professional experience as a Senior H!litary Znstru~ with emphasis on.
Performance Oriented Training in ~ld and dassroom environment, Experi. er~e
with all aspects of curriculum development, desigh' and delivery of hundreds of
hours of instruction,
Global competence as a US Military Attach~ (soldier-diplomat:) in .three
foreign countries; acquired .c0ncePtual and Practical knowledge of Global/sm'as
· comprising worldwide systems of contemporaneously Influential event~, options'
and constraints: the human activity happening around the globe is'
Interconnected and Interdependent.
Extensive IntemaUonal travels and fluehcy, l.n five languages: French,
Spanish, Portuguese, Halfian-Creole,-and English.
Prudential Youth Leadership National Trainer; .received this highly
regarded certification by the P01nts of Ught Foundation.
· Anfl-DefamaUon League (ADL) Dia!.ogue Facilitato.r; .a $1.3 Million grant,
awarded to ADL by the Quantdm ~u. ndation of Palm Beach"County unc!erw'tot~
the ddve t~ train teachers and students of Palm'l~..aCh County school~ in anU-
bias and anU-discrimlnation sldlls. ' -
Extensive Community Service commitment In Palm Beach County.
Non-Profit management and grant writing experience, as CEO of a
Multicultural, not-for- profit center.
Advocate for Education and Social ,~ustice,
BZOGRAPHY
!
EP, l:regGa, l: 3 year resident of Palrh'Beach County; Narrled 14 years to Victoria;
two children
Graduate studies in Latin Arnerican Studies with a concentration in
Caribbean politics. Unlverslty of Florida, Gaihesville, Rodda."
' E~c~fully defended b~Is (1~J92)~ -.
be
Bachelor In Sciences In Business AdministraUon, Hawaii Pacific
University, Honolulu Hav~ra~i (1984)" '
Professional accomplishments:
Founder and Co-Director o,f the Toussalnt Louverture Arts ~
.lusflce High School, a Charter sdiO01 scheduled 'to open'ln Delra~ Beach in'
August 2001.
Founder and President of the Natipnal Haitian Coalition, Inc. a not for.
profit organization dedicated to brlnging .tbge~ the more thari 100000'Haitian' '
residents of South Rorida. (2000) ' '
Founder and President of the 3OD! Training ]n~ Inc. a training and
management consultancy operating in Flora. [2000)
Founder and Vice-President of the Center for Tra!ning,~ Education and
Holistic Approaches, ]nc (CETHA~ ]nc), a'~n;pr0fit 50! c (3) organizatibn
dedicated to the training and ..edu'cation of ~s!dents of Palm Beach County, using
a whole person (holistic) approach (2000).
Founder and President of the Haiti Museum of Arts and Culture~. schedul~
to open in Delray Beach in 2004 &s part of the Bi-centennial celebration Of Haiti
Independence. (1999) -
CEO and Board president of the Hilagro Center, a 5o! (c) 3 Rorida
organtzation dedicated to commuriity development~ thru artistic endeavors (1999-
2000)
Graduate of r-ocur/Zeader~/p .~. !m~ .aeach county, an intens~
educational program devoted to teaching alx)ut the commdnlty E,a~, problems
and how ~the county functions (1999).. '
Trainer in Drug Preven~ and .Drug Demand Reduction curriculum, with
extensive knowledge on how to-develop and sustain an action plan for a
community anti-drug coaliUon (lCj92).
Partidpant at the State of the World ,Forum (Oct. 1 .-6. 1999) in San
Frandsco, a gathering of active worldwide community leaders supporting one
another in their ongoing efforts to envision and ci~ate a compasslona~ and
sustainable global civilization,
2
Corl?orate Involvement:
· 1't Vice-President for Government/Commu. ni. ty relations, Delray Beach-
Herchants Association, a .cpnsortlum of.'minortty merchants seeking a voice.in
the development projects of Deli-ay Beach West AtlantiC A~'e. (~999).
Member, Delray Beach Chamber of Commerce (1999).
Member, Steering Committee of the Delray Beach Downtown Business District
Plan (2000):.
Community Service:
Director~ Lake Worth Community Development Corporation (1999).
Director, World Centers of Compass/on for Child.mn, an Inltlattve of Nobel
Peace Laureate Betty William to help orphans children ~oi'ldwi~le C2000).
· Treasurer and Parliamentarian, Palm Beach County Charter School Nlianc~, a
lobbying group pi'omoflng the In~erests and Issue~ affecting Charter Schools
in Palm Beach County (2001).
Member, Palm Beach County School District, ~ Committee of the
Multicultural Task Force; charg .ed With the' .development of.the Hardan:' '
Amedcan Curriculum to.be taught in all Palm Beach County si:hools' (2000).
· Member, Palm Beach County School Distrtct,.Safe Schools Task Force,
dedicated to seeking new ways to maintain our kids and schools safe from
v ence C20O0).
· Member, FAU-Quantum Foundption Uteracy ProJ~, aiming to bring literacy
to Haitian Immigrants residing In Palm Beach County (2000). "-
· Member, FAU symposium on Iden~fty, Ex#eand Migration: Car/bbean Culture
anff ,4r~ In Eou~ F/or/ifa, to be held in March 2001. '
Member, Advisory Board of the Haitian-American Educators Coalition, an_
advocacy group examining issues affecting Haitian stbdents in Palm Beach
County (2000).
Member, Haitian Studies .Asso~_.tion, a University .o.f. Hassachusetts/.Boston' .
organization dedicated to the. ~bn of aca.clemiC'reseafi:h on HaiU and'.
Haitian Issues both from a disdplinary arid Interdisdplina~ perspectives *
(2ooo). ,
· Member, KZWANZS Oub of Delray, a community service organization (1999).
· Member, Palm Beach County Cultural CoUnCil, Friends of Murdculturalism. A
support group for multicultural events In the county (2001). ':-
3
Member, Ho~: Committee at the Norton Huseum during ff~e./acob Lawrence
Tou.~a/nt Zouverture series exhibit* (2000).;.'
· Hoderator, Colloquium on Outsider Arts, The Levenger forum in Delray Beach
- A Palm Beach County Cultural Council sponsored event. (2000) '
· Member, Community Chat of I:~. lray Beach,.a c0. mmunity grouR d.edicated to
seeking, among other goals, peac~l, solutiqn tO ~ conflicts between "-~
Haitlans and African-~n yodth (2000). '
· 'Co-Host, ~ on ~ a fadlitated panel discussion with audience
partidpaflon discussing ~lmllari.fles.* an.al,differenceS afnong people of color and
what it means to be Black (1999).
· Team member o~ Otizens Emergency Response~Team (CERT)~ of Boca Raton,
a team of volunteer dttzens paramedics organ[zed .to*support Rte and Rescue
authorrdes during periods of local *emergencies (1999 - Present)'.
· Graduate of Otlzen Police A~demy of Boca 'Raton, an 11-week educational
program designed to familiarize citizens of Boca Raton with the Internal
workings of the Police Dept:and emergency ~rvices.
Recent SDeaklna enaaaementsfDresentations:
· .lupiter High School, Peer trainers C10~ and 11m graders)
· Ughthouse Elementary, Teachers (all grades)
· Indian Pines Elementary, Teachers (all grades)
· Galaxy Elementary, Teachers (all grades)
· Palm Beach County Health Care Dis[rio% Supervisors and Staff
· comprehensive Aids Program (CAP), Supe~ and staff
· Fellowship for Ethical Humanism, Members and Guests
· Abbey Delray Hen Oub, Members and Guests
4
"' .CITY OF DELRAY BEACH '
IIII~ BOARD MEMBER APPLICATION
1993
2001 ; _ ._.- .~ ,,.
'Please the infmmadon:
5. Home Phone: B~ess Phonm ~ Ad.ess: ~ Phone: F~:
7. ~at Boud(s) ~ you ~e~ed ~ s~g? ~e ~t ~ md~ ofp~f~ce:
~OoS~g~ flo~HORIT~ ; ~$T~{~ ~(TICS
8. Ust ~ 0~' ~ou~ ~ ~ you m~'
11. G~e Iow p~s~g ~ most recent mplo}~, md
Note: a'~ =ppUc=tion ~iU ~ on r~ in ~e cit7 a=k', or~.. ce t'o, · period o~ ~ L~l~te it -..s
submitted. It ~ be the applicant's zaipoaa'bilit7 to emma that a c6mmt apI~Irca-aon as on me.
JUN -..i~"'
CiTY CLERK
C
DELRAY BEACH ·
t.&.,,~.c,,~"- CITY OF DELRAY BEACH
IIII. BOARD MEMBER APPLICATION
1993
2001
.. Please type or print the followiniiI inf~mmtion: , --
11. I. est Name.: .~ _.,., I Name I ~'~-x. I.
3. Legal Residence: ' Zip Code
4. Pzincipal Business Address: Zip Code
6. At~ y.o-u ~-tei~teted vot~ If so, where rte you tegisteted? -
7. ~qt~t Board(s) are you interested in serve. Please list in Order of preference~
10. List ~y tehted professional cetii~cations and lic~".nses which you hold:
11. Give youz present, or most recent employer, and position:
City [ State
City State
12. Describe experiences, skills or knowled~ which quslify you to serve on this board: (Plesse attach a brief resume)
I hereby cer~ that nil the abov.e submenu sre tree, anffI sgree snd unden.tand that si~lt miss.tatement of mst,.ri.! hcts
contained in this tpp~cation may cause forfeiture upon my pan of any appointment I may receive.
...... ..
Note: This application will temzin on file in the City Clitk's Office for a peziod of 2 yeszs~91p, d~L-~i.~t,~
submitted. It will be the applicant's responsibility tp e.nsu.,~ that n cun~t stpplicatiorl ]~]v/ff~.. v s=. ~
"+*"a , i"i'ii i''''°'
~7 Noru~uZ ~Tm Avenue
I II I
SUMMARY OF OUALITICATIONS
'1
Porltfve "can do' attftude ' '
ExcelJent tn~rpe..nontl rehtl'ons ." .'-.
:]~e~ wrl~n' ~=n='ualcai~0n' t3a'lb
..A.~.~]e and au~ble :,:, , .
Ability to remain calm h Wesdul sftudons
woR~c wX~£R,~_cE. .. ..
J2C~RTJ$~ ~JU~C; LOJ~' 0~=?XCER, .10CA
'co.mo]~n~ r=.t)£]ut~ s~os &' LOAN
IBranch M~na~er'; P?mpano. lhuh
12/1/92 to present
4/SSto~nusunix 11/92
IAssJrtant Branch Manager · Boca Fast
(1086 to 1987)
· Auisted fn ell operational treu o! breech muqement
IFJoater- Braw'aM and Pnlm ~4a~ Cou~tJu
Involved in teller and savin~s functions for branches wltl~ Brow~rd and
P&Lm Beach Coun~
II. lud Teller
·Controlled dally eg~era .tfon~.
· Supervtud staff of
· Conducted m~ ted trit~j ~nee~p
· pravlded custome, r #tv~M ·
· Minimized Iou~,s"
UNIVERSITY OF TOLEDO - Toledo, Ol~io
Bachelor of Business, 1082
BOARD MEMBER ApPLicATION
199;1 ..
Pleue The iz~fomugon:
RECEIVED &-/-" ~-~ ~ ~,.-~
APR 2 3 200!
CITY' CLERK
,., '.' 'BOAkD MEMBER APPLicATIoN
I
.RECEIVED
JAN J.6 2002'
CaTY ~..LERK
· 1974 to 19~6
f.' 19'/8 to 1~89
1983 io 1987
I~l to 1992
.~K~T~'ICATIONS AND LIL"~I~ES:
Hew Yodo~e~/J~...'
": l,ecmr~, WMbbos~ Parrot ~lu~
Em- Cou~ c .oa~e, New..,d~, ~
· Adjunc~'Profe~or, Women's C~t~
Permanent. Hiab School 'Z'e.~ (Spqmlsh/Yrench)
rermm~ mr, e~ g tO ,th. Orade ....
LIST'F..O:
W~o'.~ '0~o of Ame~ca.n Women
V;h.., .. ~,'~,o in the East ,
.Iht .~. ',~t;onal l~aders of the World
~.~.,~c~./Disorders As.~ciation of America
?tc~'~o,~ Co~m.~dors Regisr~
National' As.sedation So~ Wortm
OTI,:f]E R TNTER.~STS:
lOiue.':: ir, :-..t, anish, Fzench, C-ennan, .some l~ian. Grant writing. Tr~v~li~ ext~vel~ i~ £uro~ and
Souc~ Am~cs. Working &ith.~~ed mi~orkies. .
® BOARD MEMBER APPLICATION
1993
Please ~ · or print the followin~ information: '- '
Name Middle Initial
I. Last Name:: Name Middle Initial
2. Home Address: City State Zip Code
634 Anffler Drive Velray Beach FL 33465
2.
Residence
City
State Zip Code
'4. 1~. cipal Business Address: City State Zip Code
9~f~ '~ '~'"-
:~. Home Phone: 274=9087 Business Phone:~?4=9087 ] Fax: '
6. What Board(s) are you interested in.,~rving?
7., List ali City Boards on which you are currently serving or'have previohsllTs-erVed: (Please in~lu-de dates)
8. Educational qualifications:
9. List any related professional certifications and licenses which you h,f)ld: o.
1,,2 re,r,
i O. Give yom' present, or most recent employer, and posmon:
! 1. ~Descnl~ exp~rie.n, ces, skills or knowledge which qu~ah~ you to serv. e on ~his board: (Please a~.~h a br~fresume)
I hereAy cert/A/that all the above statements ore true, and ~ agree on~ understand~that any
misstatement of mater/a/facts contained In this application may cause forfeiture upon my part
of ani,~ ~ ~ppointme~t ~ may receive. R E C E I VE D
~ JAN o 12ooJ D^= I' I'0 I ,,
CITY CI~ERK
Note: This application will rematn on file in the Ci..ty. Clerk's Office for a period of 2 years from the date it was
submitted. It will be the npplicant's responsibility to ensure that a current npplication is on file.
I~,LRAY BEACH' · ' :. ' -'- ~ ~ ;-'
BOARD MEMBER'APPLicATIoN
1993 -
2001 -
Please type oz p~int the following information:
1. Last Name:
Rosen
2. Home Address:
817 NW Second Avenue
3. ~ Residence:
4. Pfincip.~ Business Address:
1515 N, Federal B~y,
5.
Suite 300
Home Phone: [ Business Phone:
330-0099 [ 266-9669
Are you a registered voter?
Name M.I.
· State _Z~_'p Code
~ray Beach FL 33444
ci,~ stat/, zit, Code
City State Zip Code
Boca Raton FL 33432
l:_.~".~,ddr&s: IC~ Pho~ie:"
garyro.senSatt,ne~ 251.-1065 266-9166
If so, where rte you registered.~
Yes Delta? Besch.'FL *
7..XX~.~oard(O ' '' '_' ~' ' ' _ ' -' ' ~
areroumte~stedmse~RrPlease~stm orderofpre~rence:
Planning & ~oning~ Board.of AdJustment,'C0mm. Re.~evelopment, Housing Aut
8. List all Cin.' Board.~ on which you are currently sen'lng or have previoUdy served: (Please include dates)
City of Boca Raton ~.oniBg Board Of Adjustment - 10 Years
Educational quahficadons:
St, ate .Uniyerstty. o~ NY - AA
Ohio Stat~. University
~0. List any zelnted professional cergfications and licenses which you hold:
Flo. ri. da Real Estate &...N. ort~age l~r0ker Ltcens ....
11. _Givej, ou~ p. tesept, ~ most recent employer, and position:
Taylor ~arnetlng Group - President
wen Years OZ service as a Kemoer ana ~nairman OZ ~ne Boca..Ka=on '
Zoning Board o£ Adjustment, Real Estate Developer, ~onsultant,"
Builder.
submitted. It will be the applicant's tesponsibilit3' to ensure thata cutest apt~licanon is on . .
CITY OLERK /
(FOR HEARING ~PAJRED) TOD: (561) 367-7046
8UNCX:)~ (~el) 022-7'/0o
August 20~ 2001
Mr. Cr=y Roeen
1027 Pepper Ridge T=race
Boca Raton FL 33486
We went to thank you very much for your .m-~ice es a member ofthe Zoning Board of
Adjustment over the past ten year~. Because ofyour dedication, Boca Raton is abetter
place for all of us. ,,'
In recognition of your service, please find enclosed our Certificate of Appreciation.
We wish you success in your famre eudeavom.
L~jr
GARY ROSEN
10Z7
'perldge
-- 'race
Boca Raton
R. 33486
'--No~ 12, 2001'
100 NWIs Avenue
I have recently moved to Delray Beth having been a resident ofBoca Rmon
for the past fifteen years.
While residing in Boca Raton I...s~-r~._ as e Member and Chairman oftbe
Zoning Board of Ad~ for · period of iCh yeers.'
I now have an interest in ,zrving as a ~mem. k.r oran Advisollt Board or
Committee for the City Of Delray Beach. -
Since 19791 have acquired and developed ~ estate in South Florida,
and have served u Pr. cs~dcnt otth~ FIO '.ri~. A~lant*ic Builders AssocJ~t~ mn
repre~nting more than one thousand builder and'ass6ciatc
My preference would be a position with P .lanning & Zoning, Board of
Adjustment, Community Redevelopment Agency or Hous'ms Authority.
I can be reached by mail ertl7 NW 2'~ Avenue, Delrey Beech 33444,
tek'phone ~t 251-1065 or via tax st 266-9166."
Your consideration on n~ behlf' Js sppreciaI~
TO:
FROM:
SUBJECT:
MEMORANDUM
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~/~
ACENDA IWEM "~'~- REOULARMEEWiNO OF ~SLY ]6, 2002
APPOINTMENTS TO THE PLANNING AND ZONING BOARD
DATE: July 12, 2002
The terms for Kenneth Peltzie, Dwayne Randolph, Jess Sowards and Kevin Warner will expire
on August 31, 2002. Mr. Peltzie and Mr. Sowards have completed one full term are eligible and
would like to be considered for reappointment for another term ending August 31, 2004. Mr.
Randolph and Mr. Warner are not interested in being reappointed at this time thereby creating
two vacancies for a two year term ending August 31, 2004.
In order to qualify for appointment, a person shall either be a resident of, own property, own a
business or be an officer, director or manager of a business located within the City of Delray
Beach.
The following have submitted applications for consideration:
See Exhibk "A" attached
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 appointments will be made by Commissioner Levinson (Seat
# 3), Commissioner McCarthy (Seat # 4), Mayor Schmidt (Seat # 5) and Commissioner Perlman
(Seat # 1).
Recommend appointment of four (4) members to the Planning and Zoning Board all for a two
year term ending August 31, 2004.
boardapptmemo p&z 07/16/02
PLANNING & ZONING
EXHIBIT "A"
David Beale
John Bennett
Diane Borchardt (Planner)
Ronald Brito (Contractor)
Christopher Brown (Architect)
Janine Dabney-Battle (Real Estate)
Joe Farkas (Financing)
David Hawke (Architect)
Shirley Israel (Retired)
Cecil Jamison (Architect)
(hhristina II. Morrison (Real Estate)
Suzanne Page (Real Estate)
(RetiredNaw Officer)
(currently serving on Board of Construction Appeals)
(currently serving on Site Plan Review and Appearance)
Kenneth Pekzie (Corporate Strategy) (incumbent)
Benjamin Ricker III (Risk Management)
Jerome Sanzone (Building Official)
Kathleen Schoenberg (Attomey)
Jeffrey Silberstein (Architect)
Jess Sowards (Architect) (incumbent)
Jillian Woehlkens (Architect) (currently serving as an alternate on the Board of
A jus= nt)
Board commission memo p&z 07-16-02
L
vtLRAY BEACH
BOARD MEMBER APPLICATION
1993
Please type ,0r print the followin8 information:
1. I~st N~ne: ~' ~ I,.-~ --
Home Ad&ess:
.~p~Code
3. Leg~ Residence: City
4. Pfindp~l Business Ad&ess: City
5. Home Phone: ~ Business Phone: I E-M..il Ad&ess: I Cell Phone:
'~. ~s~e you a zegistered vote~? V~..~ I£ so, where ~e ¥o. ~egistered?./~
'/. w~t Bo~d(s) .~e you interested in se~.~ ~_ ~-'t ~ ~ ~' I ~ ~ ~
State Zip Code
State Zip Code
8. I2st .110ty Bo~ds on which you .~e'cu~endy se~'ing or have previously served: (Please include d~tes) /t~ O~.
11. Give your present, or most re. cent employer, and_position:
IZ De~erib~ ~xp~:mn¢~, skill~ or knowledge which~ualifv you to ,~'v~ on t. hi~ board: ~1~, attach a brief r~$ume) _
i ! hereby :e.~f'y ~t ~ll th, above smemems ~e tree. sncl ! ~gre, ~d undersr~t ',.h~t ~y .~ssuteme, t o£m~e~ £~cts
l ~ed ~ m ~fio. m.y ~use eo,f~e ~on my p~ of.y ,ppo~mt I ~y
I
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.
ADIqITI'ED~
FLORIDA AND Nl~ YORK
DAVID A. BEALE, P.A.
HI'tAIL ~~u
rv~l_!~PHON~ ~61121~-2~0
DAVID A. BEALe.
David A. Beale is a graduate of Cornell University (B.S. 1971) and Fordham Law School O.D.
1974, Law Review 1972-74). He is a member of the New York Bar (1975) and Florida Bar (1990).
David Beale is a member of ri'he Florida Bar Association, New York State Bar Association, and
Association of the Bar of City of New York. He belongs to the Entertainment Arts and Sports Law
Section of the Florida Bar, where he is on the Executive Council and Chairman of the Publishing
Committee. He is also active in the Media Law Committee of the Florida Bar, and the Intellectual
Property Law Section of the New York Bar Association.
Mr. Beale has spent his entire career representing the needs of small businesses and their owners,
the sizes of which range from start-ups to companies with $100 million in sales. His practice encompasses
all types of corporate, partnership, employment and commerdal agreements, including leases, property
purchases, and financing agreements, as well as all types of litigation that relate thereto. He is able to
work with clients who have sole proprietorships as well as partnerships and corporations, and to guide
them through the intricacies of licenses, fictitious names, incorporation, corporate document
requirements, employment agreements, shareholder, voting and buy-sell agreements, confidentiality and
non-compere agreements, mergers and acquisitions and creditor/rights. Mr. Beale can give guidance on
vendor, service and software agreements, as well as negotiate and litigate disputes over same.
On a personal level, Mr. Beale can advise and counsel on all types ofmattets, including wills,
trusts, health surrogates, powers of attorney, living wills, and probate, real estate, rentals, name changes,
bankruptcies, debtors and creditors righrs and homeowner and association rights. When a client's need
arises, he works with the best attorneys in the fields of marrimonial, personal injury and estate planning.
Real estate closings can take place in his suite, with tide work done by associated counsel.
Clients of the firm are found in the areas of banking, publishing, distribution, marketing,
licensing, food, drugs, cosmetics, restaurants, real property, direct mail, fulfillment, accounting, non-
profits, party planning, catering, equipment sales and financing, and employee management and training.
He'has extensive experience in employment law issues, and spends a great amount of time counseling
companies and their human resources professionals with questions concerning discrimination, harassment,
disabilities, EEO, Family Medical Leave and Fair Labor Standards. If such issues cannot be resolved by
counseling and negotiation, Mr. Beale has litigated all types of employment law issues. ,.
Mr. Beale is outside general counsel to a national and international distributor ofmagazines and
books, employing over 1500 persons nationally. Mr. Beale has also represented national magazine and
book publishers, and film and video producers, and has negotiated and drafted contracts for clients that
cover every conceivable area of need, including copyright, trademark, rights acquisition, licensing,
publishing, distribution, printing, mergers, and assets and stock purchase and sale agreements.
He also has extensive litigation experience in state and federal courts all over the country in all
related areas, which include infringements of all types, libel, slander, invasion of rights of privacy and
publicity, First Amendment issues, unfair competition, as well as enforcement of contract rights in these
PROPERTY AND MEDIA PRACTICE
David A. Beale is experienced to handle a wide array of issues and problems in this practice area,
including representation of magazine and book publishers, distributors, film and video producers.
The areas of expertise covered by Mr. Beale's practice indude the following:
Trademark and Cot~vri2ht Practice- This area encompasses everything from registrations,
development, licensing, infringements and unfair trade practices. Experience includes
litigation of all types, from the Trademark Office to federal court actions for infringement
action, including the prosecution and defense of preliminary injunctions.
Publishin2 - The firm has extensive experience in negotiating both magazine and book
contracts covering the following areas: publishing rights, printing, distribution, licensing
and fulfillment.
Media - The firm can meet all need in this area, induding, libel, slander, tights of privacy
and publicity and all other First Amendment issues.
Television and Film - The firm has experience in development and production deals, as
well as performance and location rights. Experience has included the clearance for
production companies for copyright, trademark and location rights.
Mr. Beale frequently develops new approaches to issues and problems, advising clients and
litigating on a national level, while remaining constantly aware of the client's desire to remain cost
efficient in today's economy.
EbIPLOYMENT LAW PRACTICE
David A. Beale believes the most effective way to handle employment law claLms is through a
preventive approach. This means that he will work with each client long before any claims arise. If a
problem surfaces, litigation can be handled in a cost effective and professional manner.
In today's business environment, companies are recognizing that it is essential for an experienced
lawyer to draft and/or review employment policies, procedures and provide training to all supervisory
personnel. After extensive consulting with the client's Director of Human Resources, or other responsible
individuxls, in order to determine the problems and issues specific to each client, Mr. Beale will ensure
that the client is prepared to handle the wide array of employment law issues that may arise. These may
include one or more of the following areas of employment law:
*Hirin8 and evaluating employees
*Supervisory training
*Employment discrimination, and harassment
Title VII, ADEA, ADA
*Employee personnel ~es and right to priva~
*Employee evaluation ~
*job ~tfery
*Reduction in force; re-engineering
*Compensation & work schedules
*Employee Compensation & fringe benefits
*Employment termination
*Employment contracts & agreements
*Drug testing
*No smoking policies
*Disciplim~ry programs and procedures
*AIDS
His loss prevention and litigation skills are needed to serve your needs, and work with your
Human Resources on a regular basis (daily, weekly, as required) to create a partnership. No employer
should face today's employment law problems nlone. David Beale will always be available to be your
parmer in problem solving.
DAVID A. BEALE, P.A.
355 NE $'m
D]~LRAY B~,
~0~ (~1) ~1~
~fi~l~ (~1) ~1~
~L~~
March 11, 2002 '
CIiLL I~IONI~ (561) 213-2040
750 THIRD AVENU~ - 29TH FLOOR
NEW YORK, NE~ YORK 10017
TELEPHONE (212~ 682-2288
FACSIMILE (212) 682-2¢?4
City of DeL'ay Beach
100 NW 1" Avenue
DeL-ay Beach, FL 33444
Dear Sir/Madam:
Enclosed please find my Board Member Application for P&Z, CRA, and DDA, together with
information about me and my law practice.
I appreciate your consideration of my Application, and look forward to hearing from you.
DAB:dsl
Enclosure
Very truly yours,
VID A. BEALE, P.A.
RECEIVED
FIAR 1 3 2002
CiTY CLERK
u~'LKAT Iir.~ll
® BOARD MEMBER APPLICATION
1993
Please type or print the following information:
l. ].,asr Name:: Name Middle Initials
2. Home Address: State Zip Code
3. Legal Residence City State Zip Code
4. Principal Business Address: City State Zip Code
5. Home Phone: 2.,'~' t-t - ~ ~,O Business Phone: ~]/~ I Fax: _
6. ~hat Board(s) are you interested in serving?
7~ ' List all City Boards on which you are currently serving or have previously servedl (Please include dates)
8. Educational qualifications:
9. List any related professional certifications and licenses which you hold:
! O. Give pour~-~ ~ost r~,oent ~nployer, and pgsition: _
11. l~scril~ experiences, skills or knowledge which qualify you to serve on this board: (Plcase attach a brief resume)
I hereby certify that all the above statements are true.., and I agree and understand that any
misstatement of material facts contained in this application may cause forfeiture upon my part
appointment I may receive,
01TY OLEFIK
Note' This application will remain on file in the City Clerk's Office for a period of 2 years from the dae it was
submitted. It will be the applicant's responsibility to ensure that a ccrrLe_ nt application is on file.
, ,/
EMPLOYMENT:
]olo~ C. W. B~
137 S~B~ AVENUE
D~.RAY BFA~, FL 33483-7017
1995-present, retired naval officer (Judge Advocate)
1974-1995, naval officer with a variety of assignments, induding 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;
LL.M., Law & Marine Affairs: University of Wasb!ngton 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 RelaUons and Trustee, Beach Property
Owners' AssoclaUon
Member, School Advisory Committee, Atlai1Uc Community High School
Member and Volunteer, Atlantic C.H.S. Band Boosters Organization (Pit
Crew, 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 (inacUve)
American Bar AssoctaUon
American Society of international Law
U. S. Naval institute
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. I bring education In economics and law,
as well as broad-based general knowledge, to the table, but have no clients
whose patronage might require me to recuse myself from Board actions. As 1
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 IL
With regard to the Plannin~ and Zonine Board. I have attended many meetings,-
usually gavel to gavel (In 2001, I m!ssed one.). I have spoken for and against
individual development proposals and have co_mmented on proposed plans
and ordInances. In the cgurse 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 Htstoric 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
10ss of contributing structures in the West Settlers Histortc 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 provtded to the City contractor undertaking a survey of
the Ctty's _h_!storlc (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.
.C
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1993
2001
C
infonni~ion:
2. Home Add:c,,: "
RECEIVED
MAY 1'5 2002
(~I'TY CLERK
3u'n 17' 02 09: 34a Enterprise Contractors {$61 ) 2?9-0335
06/]4/02 FR! 12:13 FA! 561 243 3774 CITY CLERK
DELRAY BEACH
~ CITY OF DELRAY BEACH
lllJ: BOARD MEMBER APPLICATION
1993 -
2001
Please type or p~iot the fulJow~ infonmtion:
2. Home Address:
3. Legnl RcsM~ce: City Sma ~ Code
4. l:2iOcipal ])usiness Addz~: ' Ci~ ' State Zip Code
7. _ ~,t Bo~(s) m you h~.t~ ~ ~ PJ~e ~t ~ ~d~ of P~f~ce:
Note: This application ~ zemain on file in the City Clerk's Or, ce foz a period of 2 yeass from the date itwas
submhxed. It w;ll be ~ apigicant's respon~ib~ty to ensure laNat a ¢urr. e. nt application i~ on file.
RECEIVED
JUN 1 ~7 2002
CITY CLERK
R ON BRITO
BOYNTON BEACH, FL/L 33435
RONJO20~?,AOL..COM
PERSONAL RESUME
WORK HISTOR Y:
1965 - 1979
14 years as a framing and finish carpenter in Riverside, San Bernardino,
and Laguna Beach, California. Production framing on several multi.
family complexes, kousing tracts encompassing slab layout, framing,
joisting, trussing, fascia, siding, setting doors, windows, cutting rafters &
stairs eta Eventually started kigh quali(y custom finish work. 7years as
carpenter, 2 years as Leadman, 5 years as Foreman on new residential
and commercial projects, as well as some renovation and remodeling.
1979 - 1983 ,
Obtained Building Contractor License /B-388997 Calif. (currently in-
active status) still valid thru 4-30-00
Spent S years sub-contracting and running framing, siding, trussing, floor
joisting, stair fabrication and installation on multi-family complexes from
large contractors. During this time I contracted new single family homes,
additions, remodeling, commercial roofs, and commercial tenant
improvements.
1983-1985
Job superintendent on custom housing in the Nashville, Tennessee area
for 1 year. Sub-contracting framing, trussing, siding jobs for the next two
years.
1986-1989
Obtained General Contractor License /CGC-047569/FLORIDA (Active)
~Yorlced at "T~e Township ~ as punch out foreman for 1 year. Worlced for
David Jones ConsL at Gleneagles, Polo Club as lead Carpenter.
Foreman for 1 year on 32 eight-plex wood frame multi-family duplexes.
Constructed custom kousing from Manalapan to SL Andrews, Boca
Raton. Received General Contractor's License in February 1989.
1989-1991
LICENSED GENERAL CONTRACTOR/U.S. EL 2-01392-91
Went to S~ Croix, U.S. EL after Hurricane Hugo for $ days to bring
supplies and help restore power and water to units of condos for a frient~
Agreed to come back to restore 2 houses. Acquired General Contractors
l~cense in the U.S~EI. in February 1990. Restored 14 residences, 2
commercial buildings and 6 rental units. HIso completed renovations in
St. Thomas and S~ John on custom komes.
Returned to Florida July 2, 1991 and began new additions and remodeling
projects. After Hurricane Andrew, opened a field oj~we in Miami for
restoration work My Miami o2flce completed 16 residential restorations
and about 44 roofing projects.
1992 - 1993
Was asked to take over operations of Fulkav Construction and to qualify
the company. Although thorough research into Falkav prevented me from
qualifying the compqny, I did bring the Delray Tennis Center to
substantial completion in time for the gTrginia Slims Tournamen~ Falkav
Construction was at that time under contract with the City of Delray
Beach for the Tennis Center (2.$ million-dollar contract) and was also
engaged in 6 school projects for school districts from Palm Beach CounW
to Dade Coun(y. Falkav Construction went into bankruptcy and was
di~solvetL
Currently, my company, Enterprise Contractors Ina is located at 2210 IV.
Federal Hwy. Delray Beach. · do Custom Homes, Historical Renovations,
and Commercial Projects. I do my own estimating, contract negotiations,
and am computer literate and familiar with several different estimating
and accounting programs. · also run most of my own projects. · am a 30-
year carpenter, experienced in material take-offs for jobs, flow chart and
scheduling for jobs with deadlines and fast track completion. Familiar
with A1A contracts & draw requests. I am used to hard work and long
hours. · remain teachable with an open mintL I believe that a good leader
has to first be a good follower.
PERSONAL HISTORY
I am 52 years old, married, with four children. I'm a high school
graduate with 2 years junior college in business management. I have 30
years of construction experience. I hold three different Contractor's
Licenses: Florida, the U.S. Virgin Islands and Californi~ I am currently
applying for a State of Tennessee General Contractor's License. I am an
active member of my church (SD.~) where I am a Sabbath (Bible Study)
teacher for an adult class. I am also on the Church Building and
Nomi~_~_~ Committee and a Deacon. I am a 13.year member orA. A.
and active on several committees within (2 yr. Former board member of
Crossroads Club). I am the Cludrman of the Construction Board of
Appeals for the City of Delray Beach. 15vo years on Brentwood Hills
Home O~ner's Architectural Committee. I own a Iwuse in Boynton
Beach where my family and I have lived for the last 14 years. · also own
property in White Home, Tennessee and Delray Beach, Flori&r Tennis,
surfing, and jogging are my favorite pastime~
. CITY OF DELRAY BEACH
--BOARD MEMBER APPLICATION.
1993
Pie~e type or print the followin$ information: .
State ~p C°de..,
8. ~u~a~i%nal qualifi[~ti~n~:
9. List an~ glared prof~sibnal cmifi~tions ~d licenses which you hold: '
'l'i'. Describeex~rienees, skills or knowl.d~e which qu. li~y~gs~~:~ha~iefresume)~ ~~ m ~
m~a~'ent ~aterial fa~ ~ntain~ in this appli~tion may ~use ~iture upon my pan
Cl~ CLERK
C
Note: This application will remain on file in the Ciw Clerk': a period of 2 years bom the date it was
submitted. It will be the applicant's responsibility to ensm'e that a current application is on file.
~'WYCLEAK ~O.~Dq~J'I,LIC · TIO~
CHRISTOPHER J. BROWN
218 N. W. Ninth Street
Delray Beach, FL 33444
chrjambrownC~aol.com
(561) 265-1148 and (561) 265-1419 fax
PROFESSIONAL DEVELOPMENT
Christopher J. Brown & Associates Delray Beach, FL 2000-Preaent
President of consuhing firm specializing in planning, market research, economic analysis, and urban
development.
Deh, ay Beach Community Redevelopment Agency Delray Beach, FL 1991-2000
Executi'~e Director of Tax Increment Financing District, concentrating on commercial and residential
re~ ita lization of the downtown and adjacent residential neighborhoods.
Court Realty. and Development Boca Ratoe, FL 1983 - 1991
Preaidem of real estate development and consulting f'u-m, specializing in residential, single, family and
multi-family projects.
Campeau Corporation West Palm Beach, FL 1980 - 1983
Florida Regional Vice President of international real estate development company, concentrating on large
scale, ocean-front condominiums and golf course communities..
Christopher J. Brown & Assoc/ates Houston, TX 1975 - 1980
President of consulting firm specializing in planning, mariner xesearch, economic analysis, and urban
development.
Mitchell i~nergy & Developn~ent Corp. Houston, TX 1973 - 1975
General Manager of diversified residential commercial, and industrial rea] estate development company.
Company developed new town, "Woodlands."
EDUCATION A.N'D OTHER EXPERIENCE
Master of City Planning, University of Pennsylvania, School of Fine Arts and Wharton Business
School; Master of Architecture, Universily of Pennsylvania; Bachelor of Arts, Fine Arts, Yale
Universily; Adjunct Professor, Rice University School of Architecture, Universily of HoustOn Law
Memberships: Florida Redevelopment Association, International Council of Shopping Centers, Urban
Land Institute, Congress of New Urbanism, and Council of Urban Economic Development
Boards: Palm Beach Counly Impact Review Board (1994-present), Florida Redevelopment ~ialion
(1995-present), Palm Beach Photographic Center (2000-present), Palm Beach County Overall Economic
Development Board (1996-2000), Business Loan Fund of the Palm Beaches (1996-present) and Palm
Beach County Convention Center Task Force (1997-1998).
Licensed: General Contractor, Real Estate Broker; Slate of Florida
Language: Spanish
DELRAY BEACH
.
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1993 '
Please type or print the following information:
l. Lask~ame:: Name Middle Initial
2. Home Address:~ City State Zip Code
¢ r-'.-~___~:~ff:3 Legal Residence ......... ~3q.4)/z) z//4J i'4t'~ __ ~3~City ~ re..,~"i~o, c_~ Statei::/_Z~
4. Principal Business Address: City State Zip Code'
,°-z:~"~ ,-,em,-,". -.. Rusine' ~sP_.honez...a3-~T&;'.~.5~A:~e:v I Fax:
5. Home Phone: ~t~ ,- ~,, , - o ~ , ~,~/¢'-~o~/_ , - , [ :5-~
61 What Board(s) are you interested in servipg? ~~ ~1/.~, ~ ~0, ee,~,¥
7, List all City l~oaras on wnicn :you are currently serving or nave pre~iou$1y servel:l; (Please include
~. Educational qualifications:
9. List any rehtext professional certifications and licenses' which you hold:
10. Give your preSent7 or most recent employer, and position: ./~J,0 bh~fg
'11. Describe experience~, skills or knowl?ge which qualify you to serve on this board: (Please attach a brief resume)
Lb-_-~...i,,,~- d '
6 '
I hereby certify that ali the above statements are true, a'nd I agree and understand that any
s,~r^"ru~ (~ CITY CLE.~^~
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 currem application is on file.
S~LYI'YI~I~RK~llO,~,II~O~LICATI ON
(_
1998.1999
1996-1998
1989-1995
198~1989
1985
Janine DabneY-Battle
Delmy Beach, FL, 33445
Fax 561.637.8176
Home Phone ,561-637-8778
/.,~censedMortga~e Bra~, The ,~d~son Mortgage Gro~
Top producing Senior Loan Officer $111VfiHion in do~d loan files year -to-date. Loan files
include residential conforming, non-conforming, VA and FHA ns well a~ Commercial.
F_~cut~ Vice Prts/dem Operat/~ WorMMortgag~ ~on
Recruited to develop World u a wholesale subprime Lend~. Duties included but not limited
to num~ement ofi. oan openin~ proc. e~ undetwriti~ closing and post-closin~
departing. Responsible for the pricing and sale of'bulk" loan salet Authorized to employ
F/ce Pres/dent - Sub-Pr/me Lem//ng D/v/s~on, Bankers D/rect Mortgage Corpom~on
Responn~ole for the super~on of the Sub-prime lending divisio~ Duties included the
supervision oftmderwriti~ loan proce~nl~ loan c. io~ and post-dosin~ depanmem.
Responsible for supervising and training a staff often Underwriters. Supervised the
underwriting of Non-conformin8 (B/C) loans; communication with the sales force,
Mortgage Training & Placement
Landlor~ ManaSer
Dual Major, BSBA in Finance and Real Estate, Ohio State University
~lllllllff IIIItlBIBIt
· Bonrd Member, Delray Rocks Youth Organization
· Vice Chair & Board Member, Delray Phoenix, Inc.
· Member, Delray Beach Chamber of Commerce
Member, Florida Association of Mortgage Brokers
· Member, National Association ofgmltor~
Member, Boca Raton Chamber of Co~
· Mmic'r, Roots F~siival 6olfClassic Or?,~,~ional ~ttee
Mmi~r, Boynton B~u:h Clmnba' of Comm~
· Member, ~RadEsm~Womm
· lVlm~, Modkami Park FJmmaaty PTA
· Weatberspoon Connection, self serve car wuh
Como Apartments, 24 unit apmment buildin
· lasmin V'dla, 28 unit bead~ont motel
DELRAY BEACH
~.~-S,,.,d.~ CITY OF DELRAY BEACH
~11~~ BOARD MEMBER APPLICATION
1993
2001
Please type or print the followin~ information:
2. Home Address:
3. Legal Residence:
4. Principal Business Address:
N~tne
-_To~'
City
Stnte
State
State
M. I.
Zip Code
? xvts-
Zip Code
Zip Code
6. Are )~ou a re~steted voter? If so, where ~e you're~stezed?
7. ~at ~o~d~s~ ~e you mt~ested ~ se~ Please ~st ~ ord~ o~ preference=
8. J..ist all~C, it3. Boards on wl~ich you ate cu~ently serving or h,ve previously sereed: (Ple~'se-'~de dates)
9. Educational qualifications:
10. List any related professional certifications and licenses which you hold:
11. Give you~ present, or most recent employea, and position:
1g Describe experiences, skills or knowledge which qualify you to serge on this board: (Please attach a brief resume)
I hereby certify that ~II the above statements ~ tree, lnd'I agree md understand that any misstatement of material facts
contained in this application may cause forfeiture upon my paxt of any appointment I rmy receive.
Note:
This application will remain on file in the City Clerk's Office for. period of 2 years
submitted. It will be the applicant's responsibility to ensure that ss current sspplicafi~rl ~qffl~.
$~ClTYCLERK'~B 0 AI~3~.~,FI"~ ATION
· #or 2 ~ 2001
~.rrv C'.LF_RK
L
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1993
2001 _. "
Please type or print the following information:
2, Home Adch'ess:, , City State Zip Code
3. ~ R-'__,idence: City State Zip Code
4. Pzin~ Business Address: City Stzte Zip Code
5. Home Phone: Business Phone: ]~-Mail Add~eSs: Cell Phone Fax:
6. Are you a ~gistered voter? If So, where gte you registered.
9. Educstior~ qualifications:
~'0. L~t .ny ~.~ted profe's~on./cen~cafions and ~c~nses w~ch you hold=
11. Gi~e your presem, or most recent empIo~',er, snd posigon: '
12. Desc2ibe experiences, Skills or knowlecl~ which q,_,,l;~/you to serve on this bosrd: (Plesse attach · bgefresume)
I h=eby certif~ tbs{ all the'above statements are u, ue, and I a~ree a~d undentand that any misstatement of mat=iai facts
contained in this al:q~ication may cause forfeiture upon my part of any appointment I may receive.
submitted. It will be the applicant's responsibility to ensure that a cun-ent appucauon IS on mc.
~A¥ 10q~Z~'°'~'~
CITY CLERK
DAVID MATTHEW HAWKE
121 Heather Lane
' Delray Beach, Florida 33444
is61) 74o- 4440
OB~E~:
To advance and broaden my knowledge ofcomplex archit~ aviation,
lransit, and public facilities projects; To intensify my contract negotiations,
deign/build expertise, and design/construction supervisory experience.
EDUCATION:
Mast~ of Business Adminim~on
~ount & Oeorgetown Universities, In-Prol~ss
u~ity of X~da~d
Bachelor of Science Degree in Ar~hit~mr~
Clemson University
PROFESSIONAL EXPEI~rFNC~;
HAWKE & ASSOCIATES ARCHrFECTS. LLC~- President, May 1998 to Present -
Design Director and Principal of a full-service architectural firm in South Florida.
Specializint~ in commercial structures, medical complexes, and public facilities. The office pursues
and has teamed up with large finns on joint-venture projects in aviation and transit as a consultant
throughout the nation.
MASSACHUSETTS PORTAUTHORITY- S~orProject Mm~er, February 1997 to April 1998
Logan Moderni~*tion Program
T~minal ,~rea Romim~s - Developed a preliminary design to complete Construction
Documents in eleven months. The 1.5 mile two level roadway system has + 60 caisson foundations
and complex structural design. The airport traffic and roadways must be maintained during difficult
phased construction. Estimated cost - $125M.
Peo/de Mo~,r ~ (A/TO - Assisted in the development of a ElS for a automated
intermodial transit connector awaiting Federal approval and ISTEA funding. Prelimin~ transit
station design, airsidd landside alignments and profiles, curbside disruption, passenger convenience,
and busing interface. ~ cost - $30 M Phase I / 1;375 M Phase H.
Qua//~ Assurance Manager - Supervised four construction inspectors and construction
supervisors for active Lol~n terminal expansion and aviation projects. Airport passenger
movements, air carrier, and nutnerous concession must be maintained during complex construction.
-RECEIVED
HAY 2~1 2002
CITY CLERK
DANIEL, MANN, JOHNSON. ~ MENDEN'HALL: November 1989 to January 1997
Project Unit Manager and Contract & Procurement Construction Manager:. Tren
Urbano Mass Transit Project, San Juan, Puerto Rico - July 1995 to January 1997
Bayamoa Alignment ,Vtz~$on - Negotiated procuremem and optimi-*6on, including design,
procuremem, proposal evaluation and construction management, of a large design/build contract for
two transit stations, concession areas, retail spaces and 2A Irm elevated guideway. Contract Award
Centro Medico Alignment Sections - Negotiated procurement and optimization, including design,
procurement and proposal evaluation, of a complex design/build contract for three transit stations and
a 3.2 Inn elevated, at-grade, and retained-cut guideway. Contract Award - $72M.
Project Design/Construction Manager: Metropolitan Washington Airports Authority,
Capital Development Program, Washington, D.C. - November 1989 - July 1995
New Terminal Bridges to Metro at Washington National Airport- Coordinated design, supervised
and managed Cesar Pelli and Walker Parking Consultants for the design of the pedestrian bridges
interface with Metro Transit (WMATA). Contract Award - $39M.
Middle./Nartk Parking 3~Wtures - Supervised design of two structured parking facilities for
Wasl~gton National Airport and coordinated with Metro Transit (WMATA). Managed design and
early construction of retail spaces adjacent to and construction wi~hln North Terminal Mall. Contract
Award - $57M.
Rental Cars Quielt Turnaround Fadli~y. Coordinated with Rental Car Represematives and
supervised the selection, negotiation, design, and direction of the architectural/engineering firm of
Dewberry & Davis for the design/construction ofrental car facilities at Washington National Airport.
Contract Award - $21M.
Americans Disal~litles Act, Title 11, Design/Implementation - Contracting Office~s Techr~cal
Representative in selection, negotiation, and direction of Cvreiner, Inc. for all public faciliti~, tenants,
retail construction at Washington National and Dulles International Airports. Implementation Costs
- $157M~
Delta 3-Gate Addition Interim Terminal- Managed and directed Delta Airlines and its architect
lff. dton Pate Associates. Full range of airport issues and interface with the airlines, concessions, retail
vendors, construction and operations adjacent to active gates. Contract Award - $38M.
ELLERBE ][IECIO!IT. INC. Architect - March 1989 to October 1989
Leader of a convention center and hospital design teams (Children's Hospital C_~nter,
Washington Convention Center, WMATA). Designed and produced construction documents on five
Washington office buildings with retail on ground floors. Designed long span convention centers.
SICIDMORE OWNINGS & M~RRII.1.-Architect-January 1988 to March 1989
Significant role in the design of two large-scale public projects (Metro Center, David Childs,
Washington, D.C.; and Sears Franklin Center, Dean Johnson, Chicago, Illinois) and their interface
with the local urban fabric and WMATA.
THOMPSON. VENTULETT. & STAINBACK & ASSOCIATES - Consultant -1986-1987
Worked directly with the Project Manager of the Philadelphia Convention Center. Long span
stmciural designs incorporating convention space and interface with existing mass transit (SEPTA)
facilities. Developed designs related to .Atlsnta Convention Facilities and Exp~on of an existing
convention center.
I~ORTMAN. RABON. HATCl][, & McWHORTER. ARCHITECTS -Architect - May 1986
Member ofdesign teams 0-Iilton Intercontinental and Hyatt Hotels). Experienced hotel design
from schematics through construction. Working rehtionships with three principals, mass transits
stations with MARTA engineers, gift shop, retail shops, and hotel management. Member ofdesign
teams (l-rllton Intercontinental and Hyatt Hotels). Experienced convention center design from
schematic design through construction. Working relationships with three principals, mass transits
stations with MARTA engin~ ~fl shop, retail shops, and hotel management.
PROFILE:
LANGUAGES:
Massacl~setts - License # 9840
District of Columbia - License #5030
Commonwealth of V'trginia - License #10736
State ofMaryiand - License # 9846- MD
State of Florida - # AR 0016510
NCARB Certifi~tion # 42,428/File # 37,412
American Institute of Architects - January 1983 - Present
Southern, Standard, & BOCA Building Codes - Examiner and Inspector
AutoCAD2000, lnter~aph, G.D.S., WordPerfect, Primavera
Maryland Graduate School of Architecture
Palazzo, Massimo and Roma, Italy
Cultural Associations - Pension 1Vrunosa, Pantheon, & Florence, Italy
Fr~cl~ mi Italian (Broken)
C
M_ny 10, 2002
- www. Hawkearchitects.com
Ms. Karen Schelk City Cledt Manager
City Clerk's r~-par~nent
City of Delray Beach
100 NW 1' Avenue
Delray Beach, Florida 32~.~.~.
Application for Advisory Board & Commi~s - Request for Membership
or Alternate Position - City of Delray Beach- 2002 Board(s)
Dear Ms. Schell:
Thank you foryour assistance in thc application process of the City of Deln~ Beach
Advisory Boards and Committees. I nm requesting in writing a potential position on the
following City of Delray Beaches' Advisory Boards and Committees. As requested, the list
of boards are arranged in order of preference. Please note, the following list:
Site Plan Review & Appearance Board
Planning & Zoning Board
Downtown Development Authority
I appreciate your assistance to submit my name for the board(s) listed above. Thank
you for your assistance. If you have any questions, please contact me at (561) '/40 - 4440.
Thank you in advance.
Respectfully submitted,
Hawke & Associates, Architects LLC
Florida Licence # AR 0016510
file, Am,_~hrnents (Ground Floor Plan)
121 Heather Lane Delmy Beach, Florida 33444
P. (561) 740-
RECEIVED
NAY 1 11'2002
444~1TFY. CLERK
(~61) 921 - 0444
FF'C~q
C
BOARD MEMBER APPLICATION'
~,. ~ R.idenc¢:
$. Home .pbon. e: ,B~sinesl .Phone: E-MsgAdd..,'ose: Cell Phone:
6. Axe you ' li%o. wbe. z'e
Code
Code
8. L.~c 'Al Cirv Bo.u:da on whle. h you m'~ ~ea.d'~ set'ring c~' h~,e ~y r,~ed: ,rPl~.,. b~¢lude d.t~)
_ ~c,~' _ ,
NOV 19 2001
CiTY CLERK
Shirley Israel
1361 N.W. lgth Terrace CBIO9
Delr~y.B~acl% FI.33445
U.S.A.
I.tom~ Phone ~61-272-4734
At lhe pegsmn lime, I mn Ibc Pte~lent of the Pinea Of Deirny North Condominitun
AssociaIivn. I ba~c b~n Prcsi~n~ for the past ~e y~ts I havc _t~-_ _n a member of th,'
l~oard ofAdministrstioa sirme 1',)~1. I am extremcly interested in civic nffairs.
I attend meetings with tlw ~nayor concerning city aff'ai~s snd I bare aneudcd ~ffait$ for Cny.
! have t~en s tcsidcm ol'Delray Bea~ for twcm3/oneyearr.
film
Prior to mo,~nS ~o De. lray Bcaeb, I w~ t~ ~ ~ N~.~ ~l ~ fm a ~on
~ ~a~ ~ ~hc ~ic ~irs ~ F~ ~. I ~ m~ ~ t~ ~o~ ~
A~'~.
I m~l ~ ~ F~r ~ ~ ~~ ~ ~ ~, f~ ~t ~.
I sm s gradnmc ~t'Qn~ns Co]]ege, New York City, ,,,i*h z BA delp~ i~ Art.
I atten~t~i 1~4ontclair State College, in Ne~v JeP~-y., m~! I h~vc credits lowards my ~las~ers
~rt m~ ~
BOARD MEMBER APPLICATION
1993
Please type or print the following information:
1. Last Name:: ~ , I Name,,,, . ~, '% I Midc~ initial
12' HomeAd~ess: ~-~ _/~ ~ ~ [Ci~ ~ ~ ~ ~S~t~ [Zip Code.
1 3. ~eg~ Residence __ - I Ci~ / ' i S~te I Zip Code
14- ~cip~B~c~d~ . ICi~ ./ ~ JS~ IZipCodc
{'7. Li~ ali Ci~ Bo~ds~hich you ~ cu~ntly se~ing or have previously se~: ~le~e include dates)
8. Educational qualifications: ~
9. List any related professional certifications and licenses which you hold:
~our Present, or most recent empl~¢r, and ~n, _ :._ :.:...
1].. D?crijte exp~ene~l~es, §k~lls or l~ow~ich cLualify yoAtto serve o ~i~ease ~ch a brie resume)
hereby certi~ that al/the above statements are true, and ! agree and understand that any
missta~rnen~, of ~erial facts c~ntained in this application may cause forfeiture upon my part
may rece · RECEIVED
S GN CITY cLEFIK
'~ote: This application
will remain on file in the City Clerk's O'f~ce for a period of 2 years fi.om the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
1993
2001
Pless.e type or print the followi~ infommtion:
1. Last Name:
mnR~ /~c~t
2. Home Ad&ess:
3. Lag~lResidence:
N ·
city- ' I s~t~ I Zip Code
4..Pgncipal Business Address:'
Home Phone: ' Busines's Phone:
E-Mail Adckes~:
Zip Code
Cell Phone:
6. A~e you~,/r~:~te_,'ed voter? _. If ,o, w_here ge yo31 regist~ed? _.
-- edge whJch, clutn6]-you to s~ve on this .board: ~lease amch a b'~ieftesume)
I h~'eb¥ cenif~ that tn th, shove ,tatements rte tme~~4 ~~~d ~,t ~y msatm~t of mt~ fa
con~ & ~pfi~~e fo, f~e upon my p~ of my ,p~mt I ~y ~.
~ JUL2? 2001 ~
~~ ' Cl~ CLERK D~/ -
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 zesponsibility to ensure that st cu~ent application is on file.
CHRISTINA MORRISON, CPM
BACKGROUND DATA
Christina Morrison is a Certified Property Manager (CPM) and a Licensed Florida Real
Estate Broker. She has been active in the real estate industry for over 20 years; her
areas of expertise include acquisitions, development, property manageme.nt, sales and
leasing management,' training, a~d all pha,se~ of real estate marketifig.
For the past several years~Chr~ has been the Director of Property Management for the
Southern Division of the Pennsylvani_a Real Estate Investment Trust (PREIT), a
publicly-traded company based in Philadelphia, Pennsylvania. Her duties included
the supervision of apartment portfolios ranging from 2300 units to 3100 units in several
states, the successful re-development of three apaxl-.ent properties, and the authoring
of the company's Policies and Procedures Manual and various training seminars on
Leasing, Fair Housing, Safety, and assorted other topics.
Prior to joining PREIT, Chris ~,vas National Marketing and Training Director for
Regency Windsor Companies, an apartment development and management firm based
in Veto Beach, Florida. Chris' responsibilities with Regency Windsor included the
analysis, development, and coordination of marketing activities for all proper~es
managed by Regency Windsor, encompassing over 12,000 apaxhi~ent homes in eight
states, and the development and implementation of various training programs for all
Managers and Leasing Consultants.
l~rom 1991 until 1994, Chris was Direcl~ of Property Management for First
Montgomery Properties of King of Prussia, Pennsylv~a, overseeing the management
~nd leasing of over 3,900 apa~:..~ent and condominium units in four states.
(~lxris. is'a graduate ~f Penn .State Universit~ and is a Past .Director ~n.d President of The
' Institute of Real Estate'Management, Delaware Valley Chapter. She m currently
President-Elect of the IREM - West Palm Beach Chapter. Chris is also a national
instructor for the In~tu~ of Real Estate Management, based in Chicago, Ill;r~ois, and
trains Property Managers and Leasing Consultants throughout the country.
2~4 ~A BLVD.
DELRAY I~EACH, I~OR1DA 35483
~6~
DELRAY BEACH
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1993
2001
Please type or print the following information:
3. Legal~.~Resldence: City __ State Zip Code
4. Principal Business Address: City State,. Zip Code
5. Home Phone: -- Bu~i[ness P.~hone: .. E-Mail Address: Cell Phone: Fax:
o. .re you a registered voter? v~ --~-~wherea~ste~~~L
~5~.What Board(s~,a. re you interested in serving? Please list in order of preference:
8. List all City Boards on which you are currently serving or have previously served: (Please include dates)
9. Educational qualifications:
0.'IJist any related professional certifications and licerises which you ~hob~:
11. Give your ,resent, or most recent emDlove;, and l>osition:
~.~ experiences.k 0 ~ ~skills or~~kno.ledge which quali~fy~~~you to serve on this board:, .¢,~w(Please
~l~crc. by .~~t~ the above statements ar~'u~,{~nd I agree ~d understand that~y misstateme,~t,o,~m, ate~al fac~
/:i~l~ia~ ~'ha/Xlli'~aplbli~ation may cause forfeiture upon my part o, any appointraent I may receive.
Np/{e: ~~2..n fil_~/m _t~_e City Clerk's'Offi~[~h~r~la~V~ears from the date itwas
~ ~ be the applicant's responsibility to ensure th.a.t..a cu.r,rlntq~l~llication
JUL 1 1 2(]
r. suZANNE PAGE
"GoOoSTEIN REALTY' Boca Raton, FL
Real EState Sales Associate - License # SL-0702472
Mortgage Broker - License # MB-0200228
PAGE CONSULTING, Oelray Beach, FL
President & CEO -... --,. -_"
-,Consulting Firm DomestiC and International
American Institute of Certified Planners -~ # 85613 ..
' CITY OF BOCA RATON, Boca Raton, FL _ Economist Planner.
comprehensive Planning '. , -.- "
Strategic Planning ' - ' " ..
Grant Writing -. _-
CONSULTANT, West Hartford, cT ..
International and Domestic Finance ' - ,. -'. - '
UNIvERsITY oF HARTFORD' Hartford, CT
Visiting ASsistant Professor of Finance ," ..-'
FAIRFIELD UNIVERSITY, Fairfield, CT
-' ' Area Coordinator and Assistant ProfesSor of Finance
UNivERsITY'oF BRIDGEPORT., Bridgep°rt".CT "--' ' ..
-Assistant Professor of Economics and Finance .....
ACADEMIC CREDENTIALS
Economics, Universi -
ph.D., ty of Illinois
Econometrics
" 'Monetary Theory ~ ~:. :... ~ .
International Economics ~
Corporate Finance
~ Investments Analysis ..~
DiSsertation . Title: "inflation, ~
'Investment,, *
Exchange Rates; and 'Foreign
Doctoral Testing Fields:
Econometrics ~.
Monetary Theory-
Master of Science, Economics, University 0flliin01s
Microeconomic Theory ·
Macr°economic Theory
Direct
Bachelor of Science Business Administration; University of Alabama
Aerospace Engineering Minor - _. ~
American Institute of Certified Planners (AiCPi. # 85613; 7 years experience
as Economist Planner with the Cit~ of Boca Retch (5 'years required) and 6
months intensive Study prior to passing a national exam - ·
_Gold Coast School of Real Estate- 63 hours intensive classroom Studyi 40
hours intensive field Study (Real Estate Program)
Gold Coast Professional schooI, Inc. - 24 hours intensive classroom study;
1..5 hours intensive field Study (Mortgage Broker Program)
Real Estate Fast Track- 54 hours intensive classroom' study; 54 'hours
intensive field study .-- ~ -' ' ' · '
Real Estate Listing Masters - 30 hours intensive (~la~sr0om 'study; 30 hours
.intensive field Study .~ ,.
Real Estate Cornmercial~ Transactions _ Investment 'Analysis of the
Commercial Transaction _ 4 hours
'L
C
,.[..,----- o, .,...,.,.
BOARD MEMBER APPLICATION
1993
7. List ali City Boards on which you ere currently servii~8 or have previously served: (Please include d~tes)
- Ealucational qualificationS:
9. List ~ny related professional certifications and hcenses ~hich you hold:
10. Gis;~ your present, or most recent employer, and j~osition: '
I I. Describe'ixpe.~ences, skills or knowledge Which qualif), you to serve on this boa':d:'(Please amsch a brief resume)
I i ,~ ....
ff hereby certify' that all the above statements are t'/ue, 'and r. agree*and understand that any '
misstatement of material facts contained in this application may cause forfeiture upon my part of
RECEIVED
OCT 1 2 1999 DATE ....
~ITY 1".1 I=RK
This application will remain' orl file Fn'the City Clerk's O~ce for a ~riod of 2 years ~rom the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
BOARD MEMBER APPLICATION
1993
200'1
'Please t~e or pziat the followi~ im'om~6on:
2.
Horpc ~al, clxc. ~s:
3. ~ ~csidence: ~
5. Home Phone: ] B~ness Phpne:
6. Are you · re~stered voter? y- ~/~
!1. i6.
Snt~ ! 74p Code
I
I ~'~ Cod~
I
Address: Ceil Phon~" l Fax:
/
8. List all Ci~ Bosrds oo which you arc currently serving or have previously served: (Please include &t~)
9. Educsfiond quslsficstions:
10. List sn)' related professio~sl cerfificagons and l~ceo~ses ~r~c~ you hold:
11. Give roux present, ox most recent employex, and position:
12. Describe expegences, slglls o~ knowledge which elmllf7 you to serv~ on/IAi$ board: &les~e amcb ~ bsief~.sume)
f,'~.,,-_,:. ~ .,: ~. :F:::/ ' '
,~lote: 'l~is application will remain on f. de in the City Clerk's Office for · period of 2_¥e-ars_~c~m the. datc it was
~:: rr v~Lrd~ ~g)MtD~lq~JC&110~
#0¥ 1'6 2001
b '/~' K4~J-~ GITY CLERK
RTW NC.
RISK MANAGERS
BENJAMIN FRANKLIN RICKER III
MA~CH 1987-PRESENT
CfRPORATE PRESIDENT. RTW, Risk Managers was organized to provide
risk management functions such as risk financing and loss control
for industries within the realm of light manufacturing.
Motive for the company's operation was to fill the risk manage-
ment requir~nent for cc~oanies whose size would nozmally preclude
them fr~n hiring a risk manager.
~,1982-F~RC~,1987
CCRPORATE VICE PRESIDENT OF B.D.COLE,INC. Respon~ible for new
business production. To ma/ntain a viable working relationship
with present cc~panies. Executive Vice President and Director
of Cole Associates Syndicate,Inc. of the Insurance Exchange of
the Americas, Miami, Florida. Elected Charter Treasurer of the
Insurance Exchange of the Americas' Brokers Associatloa, Inc.
B~ F. RICK~R & ASSOCIATES
Ft. Lauderdale, Fl.
D~C~R, 197 8-October, 1982
Ben F. Ricker & Associates operated as a c~,,,~rcial general
insurance agency
F'm'.'rART.R INSURANCE OOMPANY
Columbus, Ohio
JA~3ARY 1977-DEC~GER, 1978
National Director of Marketing. responsJble for d/rect marketing
and contract negotiation with Independent Insurance Agents through-
out the United States. Managing sales force within the company
creating a total of 83 agency appointments and producing 2.6
million dollars /n volume over the 12 month period.
-1-
P.O. BOX 83-2041 ,, DELRAY BEACH, FLORIDA 33483 · (305) 794-773~ · FAX ~
407-274-8907
,vc.
RISK MANAGERS . . -
Ho113/Io:~, Fl.
March, 1976-January 1977
Consultant to c<~,,,~ruial banks, large retail risks in the fields
of risk management, general /nsurance self insurance programs.
Worked with insurance agencies in the fields of sales motivation,
validation requirements for new sales people and agency management.
RICKER ~ENCY, INC.
Cocoa Beach, Florida
June 1953-March 1976
Started in general tunsurance sales. Became President of the
company responsible for administration and sales. Agency volume
increased in this period frc~ $132,000 per year to over $700,000 -
per year.
-2-
P.O. BOX83-2041 · DELRAY BEACH, FLORIDA 33483 . (305)794-7735
407-274-8907
,l ,'.q;- l ::- ~'~ '_' WE[, 9'"'1 !M ?,:.',~E'!tI,;, l?. E .a, ,.' I{ ~:[[,,k [,I~?T F.%'.' 1E,, %4 ?,'.::6 !677 ?. '"
,
CITY OF DELRAY BEACH
1993
2001
Please type or_p~im the followia8 info~,,-tiou:
...... ~
3. ~ R~idence: ~ S~te ~p C~e
4. P~ Bus'ess Ad&ess: ~ Sute ~ip C~e
5. ~o~'~ Phone: ........ ~us~ess Phone: ~M~ Ad,els: .... C~ Phone: F~:
~"~" ~,t Bo~dC,) ~e you ~t=ested ~ ,e~'~g? PJesse ~st ~ order ofpr'ei~enc~"
10. ~st ~), zchtcd pzofessio~ c~fi~fions ~d Ecens~ w~ch you hold:
This applicationL/~l reft-in on file in the City Clerk's Office fox n period of 2 yea.rs flora the date It was
submitted. It will be thc applicant's responsibility to ensue th2t[::[ F:: C~ [~ in cu~cn~t~tion isroTy~o,Af~rA~c^~o,On file.
JUN 1 3, 200Z
t"rT'V ~.1 [::RI{
J[rlkl3-0" WEt, ')'22' .:bi ?0MLA}K, ::E:A'.'H [:Lr,5. bEPT FAX }I0. '354 786 .t677
JEROME SANZONE
200 MACFARLANE DR
DELRAY BEACII, FL. 33483
($61) 243-3299
OUTLINE KESL,%iE
March, 1989-
June, 1986-
March, 1989
June, 1984-
June, 1986
June, 1980-
June, 1984
April, 1978-
August, 1980
October, 1986-
April, 1979
August, 1965-
October, 1966
February, 1963-
August, 1965
April, 1960-
December, 1962
February, 1960-
February, 1963
June, 1959-
September, 1959
City of Delray Beach
1 O0 NWI u Ave
Delray Beach, Fl. 33444
City of Oaldand Park
3650 NE 12~ Ave
Oakland Park, Fl. 33334
City of Pompano Beach
141 SW l~Ave
Pompano Beach, Fi. 33060
Self-Employed
RK2, Box 816
Pompano Beach, Fl. 33067
GeneraI Development Corp.
1111 South Bayshore Dr
Miami, Fi. 33131
American Plywood Assoc.
PO Box ! 1700
Tacoma, WA. 98411
Rinker Materials
805 N. Railroad Ave.
West Palm Beach, Fl.
Lindsky Lumber Co.
Steel Division
Dania, Fl.
Security Planning, Inc.
First National Bank Bldg.
Miami, Fl
Dade County Highway
Design Section
C & C Construction
613 Tabor Place
Investor Plarming Corp.
60 E 42~ S~reet
New York, N Y
Building Official
Building Official
Assistant Building
Official
Construction Cousuhant &
General Contractor
Director of Primary
Housing
Sr. International
Field Services
Representative
Eng. Coordinator
Field & Fabrication
of Projects
Estimation,
Delailing, Field
Supervision,
Customer Relations
Sales Representative
Estimator &
Designer
Estimator &
Designer
Sales Representative
JUH-i::-O" WEE, 9:"5: ~.M F'C,MF'A~t,2' BE:-:..H BLDG. [,EF'I FAX ItCh. 954 .,-,v, 4~.,,'; F'. 4
JEROME SANZONE
200 MACFARLAlqE DR.
DELRAY BEACH, FL. 33483
(561) 243-3299
OUTLINE RESUME (CONT'D)
Sept. 195B-
Jan, 1960
Sept., 1955-
Sept., [958
June, 1954-
Sept, 1955
New York C~ty Community
College
300 Pearl St.
B rooldyn, NY
United States Army
Levy & O'Keef
171 Madison Ave
New Y, otk, NY
Construction Tech.,
ABS Degree
Corp of Engineers
Mechanical Design
JU[I-I::-.'~" HI, 9'"4 Alii Y',~,M}'AtI,~ E',E$.CH £'.Lri~L I, EF'T L.':,X ITC,. '954 .'7:~:~, 4~,77 L 5
Date of Birth:
Marital Status:
General Heahh.
Military Service
Certification:
School:
Organiza t~ons:
PROFILE
August 2'7, 1936
Married
Excellent
US Army Corps of Eng.- Honorable Discharge, 1955-1958
Florida State General Contractors
License #CGC-007690
Certified by the Department of Professional Regulations m the
Followlng areas:
Buildfl~g Code Administrator;
Structural Plans Examiner and Inspector;
Electrical Plans Inspector;
Mechanical Plans Inspector
Plumbing Plans Inspector
C.A.B.O. Certified Building# Official #923
Florida Board of Building Code and
Standards Certificate #111
Building Officials Association Building Code
Director Certificate #147
Soufl~ Florida Building Code Building Official,
Chief Structural Inspector and Plans Examiner
NYCCC A.B.S. Degree in Construction Technology
Florida Atlantic Builders Association Chairman of
Affordable House Conm~ittee
Governmental Affairs Committee
Builders Association of South Florida
Co-Chairman of Technical & Cosxstructlon
Commiltee
Construction Specifications Institute
Building Officials Association of
Florida
JUII-I::-0'" :~"E[, 9'24 AM N,M~'Alt':' HA,'..H E:lK, G. l:,l}'I ~AX II,:,. '954 77., 4~.,77 ~'. ~-,
JEROME SANZONE
200 M^CFARLANE DR
DELICAY BEACH, FL.
PROFILE (COlqT'D)
Boards:
Langnages:
Bro~vard County Construction Industry Licensing Board
Palm Beach Connty Building Code Advisory Board
Palm Beach County Fire Code Advisory Board
Fire Code Board oF Adjustments and Appeals
SBCC[ By-Laws Committee
SBCCI Code Interpretation Conunittee
SBCCI Existing Building Code Committee
SBCCI General Design Comn~itt¢c
BOAF Resolution Commitiee
Palm Beach County Hurrican~ Retrofit CommiRec
Palm Beach County plumbing, Electrical and
Mechanical Review Committee
Italian, Spanish, ~Iapanese and Latin
J;JH-!_::-0"- ~&'E[, 9"-5 A.M F',>MD.N,], ~:E~.,Z.H E:LE,,3, I,h}'r LO['lt,],. -954
CLII:iNT
US Dept of Agriculture
National Homes, Inc.
R.yan Homes
G.D.C.
Heller, Weaver & Assoc.
Genstar
ITT
G.P.
Northwood Industries
NlarChem
Everglades Chemical
MCI-Carter Coating
C.A. Marando
Flortda Division of
Law Enforcement
3EROME SANZONE
200 MACFARLANE DR
DELI:LAY BEACH, FL. 33483
CONSULTrNG
ACTIVITY
Set up constxuction con~anies to build mass housing and train
Personnel in Venezuela, S.A., 3 projects started.
Acquire produc~ approvals for their system undcr the
SBCCI and SFBC.
Analyze and solve construction problems
Analyze and solve constructioa problen~
Evaluate buildings for condo conversions.
Developed site plan for planned commun,ty in S. Dade
Evaluated structures at Palm Coast iq Bmmell, Fl.
Approved as expert wimess in American Arbitration and
Federal Court.
Analyze and solve problems of consh'uction applications.
Advised on marketing of construction products and gained
code approvals.
Advised on marketing of construction products and gained
Code approvals
Advised on marketing of' construction products and gained
Code approvals.
Advised on marketing of construction products and gamed
Code approvals.
Advised on marketing of construction products and gained
Code approvals.
Analyze, investigate and evaluate projects as well as testify as
An expert witness for the Construction Fraud Case
JEROME SANZONE
200 MACFARLAN]~ DR.
DELKAY BEACH, FL. 33483
PROFESSIONAL ASSOCIATIONS
American Concrete Institute (ACI)
American Institute of Timber Construction (AITC)
Building OfFicials Association of Florida
Building Officials Association of Palm Beach County (BOAFPBC)
Building Officials and Code Administrators (BOCA)
Construction Specification Institute (CSD
Council of American Building Officials (CABO)
International Coni~rence of Buildh~g Officials
Southern Building Code Congress International (SBCCI)
PROFESSIONAL CERTIFICATIONS
Broward County Board of Rules and Appeals:
Building Official/Plans Examiner
Building Officials Association of IFlorida:
Building Official/Department Director
Council of American Building Officials:
Building Official
Florida Association of Plumbing-Gas-Mechanical Inspectors, Inc.
State of Florida, Department of Business & Professional Regulation:
Building Official/Code Administrator, Plans Examiner, Inspector
State of Florida, Department of Business & Professional Regulation:
General Con~xactor
State of Florida, Florida Board of Building Codes & Standards:
Building Official
RELATED IND. USTR¥ ACTIVITIES
Building Association of South Florida:
Co-Chairman, Construction & Codes Committee 1980-81
Chaim~an, Palm Beach County Fire Code Advisory Board 1990-94
Chairman, Palm Beach County Fire Code of Appeals & Adjustments 1990-94
College of architects, Engineers & Surveyors Seismic Committee 1968-'/3
Low Cost Housing Committee- Puerto Rico 1963-68
President, Building Officials Association ofBroward County 1987-88
President, Building Officials Association of Palm Beach County 1994-95
Southern Building Code Congress International By-Laws Committee 1992-93
Southern Building Code Congress International Code Interpretation Committee 1994-95
Southern Building Code Conference International Existing Building Code Commit-tee 1995-97
Southern Building Code Conference International General Design Committee 1997-Present
DELRAY BEACH
BoARD MEMBER APPLICATION
1993
2001
Please type or p~int the follo~infi infornutlon:
I. last Name': " Name M. ].
SCHOENBERG KATHLEEN W
2'
· Home Add/ess: City State Zip Code
1050 BROOKS LANE DELRAY BEACH FL 33483
3. Legal Residence: City State Z~p Code
1050 BROOKS LANE DELRAY BEACH FL 33483
4. Principal Business Add/ess: City State Z~p Code
110 S.E. 6TH STREET FORT LAUDERDALE FL 33301
5. Home Phone: Business Phone: E-Mail Add/ess: Cell Phone: Fax:
561-274-7428, ..... 954-525-7500 KATHLEEN e SEAtJCEMANOR Cl~l 561-350-3343 561-274-9728
6. Are you a registered ,-otet? It' so, ~.'hete rte you registered.~
YES FLORIDA
7. \~'hat Board(s) are you interested in sea-inS? Please list in order of preference:
1 .Education, 2., Downtown Development Authority, 3. Community Redevelopment Agency, 4. Planning & Zoning
8. Lm ~ll Cit5' Bo~rd.~ on which rou ere ~,ren~' ~errins or h,ve p~cviously ser,'cd: (Ple,ts¢ include d~tcs)
NONE
9. Educauonal quahficauons:
Rutgers University, B.A., 1992, Temple University, d.D.~ 1998
10. L~st an}' r. clatcd pro. fessionsl certifications and licenses which you hold:
MEM,BER' FLORIDA BAR, PENNSYLVANIA BAR AND NEW JERSEY gaR (INACTIVE}
l 1. Give }'our present, or most recent employe, t, and position:
TRIPP SCOTT~ ATTORNEY (COUNSEL FOR CHARTER SCHOOLS USAI INC}
]Z Describe experiences, skills or Im .o~'leclge which qu~i~)- lou to serve on this board: ~lease atuch n brief re?urne)
My law practice focuses exclusively on charter schools and real ,e, state. Please see my attached resume·
! hereby ccrlif)' that si] the t, bove st~temet,,ts ,Lte tt~e, 'and ! agree 'amd under,'and that ~y misstatement of rn~enal fact.~
contuned in this npplicntion rnsy cause forfeiture upon my pLrt of any appointment 1 mn)' receive.
S]dN:~TUR~ C DATE
Note: This application will remain on file_ in the City Clerk's Office for a period of 2 ye~rs from the date it
submitted. It will be the applicant's tesponsibitit)' to ensure that n current application is on file.
. Kathllen form.max
NAY 2:2 2002
CITY CLERK
KATHI;EEN W.
EDUCATION
SCHOENBERG, ESQUIRF,
Temple University School of Law
J.p., cum laude, Mo, 1998
· Top 10% of class; Dean's List every semester
I)ouKlass College, Rutgers University
~.,4. C~s~, ~'~b honor3, M~ 19~2
· Dean's List five semesters
PROFESSIONAL EXPERIENCE
Philadelphia, PA
New Bm~w;~, N]
M~y 2000 - present Tripp Scotts P.A. Fort Lauderdaie, FL
¢~rp~rau/lttorn~
· Serve as in-house counsel for an education mansgtm~t org~ni-~tion, one of 6rm's larl~st chents. · Draft and negotiate s vsxlety of contracts ('mduding development and management sgreements, teal
property and equipment leases, service contracts, and employment and consulting agreements) with
municipalities, non-profit corporations and private oqp-i-ations and persons.
· Advise client on employment issues, such as te-ni-~gon, employee stock option phm, .nd
compliance with applicable laws.
· Advise client on all matters affecting corporate parent, fifteen subsidisries and ten non-profit
foundations.
· Advise client on pl*~i~g and zoning issues ~ganting school f~:ilities.
· Supervise compliance with local, state and federal laws.
1996 - 1999 Robert O'Donnell, Esq., Former Speaker PA House
/.~ C./~rk/Attorn~
·
·
·
·
·
·
Ph~ade~M~, PA
Drafl~ and negotiated commercial real estate leases.
Applied for zoning variances and represented clients before the Zoning Bosrd of Adiuslment
Supervised site compliance with environmental tests and other state requirements.
Filed articles o£incorporation, drafted by-laws, supervised boa_rd o£directo~s meeting.
Drafted and negotiated employment agreements.
Supervised and monitored charter schools' compliance with complex state law.
1993-1994 O'Donnell for Governor Campaign Philadelphia, PA
D~#~ ~d&# Manas~r
· Developed and maintained a targeted, proactive daily schedule for gubernatorial candidate, including
briefing candids~ directly on details and key issues for each event.
· Negotiated and dealt with all invitafiom from news media, individuals, organizations, and campaign staff
to meet the strategic goals of the campaign plan.
ACHIEVEMENTS
· Licensed to practice in Florida, Pennsylvania and New Jersey.
· Member of Moot Court Honor Society.
· Recipient of the Reuben E. Cohen Memorial Award for schievement in zoning and land development
· Recipient of tl{e CALI award for highest grade in legal writing and research.
· Legal Writing and Research and Intro to Trial Advocacy notations for outstanding oral sdvocacy.
· Nationally published poet.
T~J]k'PHONE: (561) 274-7428 · FAX (561) 274-9728
E-MAII.: KW~!.I.10(~IAOLCOM
1050 BROOKS LANE
DvJ.~¥ BEACH, FL 33483
~ CITY OF DELRAY BEACH
~llIJ BOARD MEMBER APPLICATION
AY 3 0 2001. ~
JEFFREY Sn.RER,VFEIN, ~.t~ JLA.
EDUCAT O q: ' '
Chrk Un ty, Won s r. M& Am hjor
Boston College, Boston, ~ Boonomics major, one year
Archi~cts Medal for Exccll~ in Architectural F. xiuc~on
Harvard University Oraduate School of Design, Amc 1989
Harvard University (hadua~ School of Design, July, 1996
CERTIFICATION:
Registered Architect: Florich and min~is
S~rstein Architects was founded'in 1990. We m~ n ,m~ll firm with n r~mtmion for
innovative design and delivering projects wi~ budg~ and on schedule. This is evide~
SU~e~ ~'01¥~ aS W~ a..~ist elicit', in defining projecl goa~s well before suggestin~
solutions, ~ process that creates a full ~ of objectives befor~ mmsformalion
imo reality.
residences, mixed - use developm~tq and ~ projects.
special' ,honor~ In 1998 .Jeffrey ~ilber~dn was awarded The Award of Honor for De~.*gn
.by The-American Img'tute of. Architec~ He ~ .r~cognized for "the high iluality and
originality of ~ work over-an extended period of time". I-lis work has been featured in.
The Miami Herald, The Son - Sentinel, The pslm Beach Post, Florid Architect, Interior
lVir. Silberstein has served as, · gnest writer for the Hertford ArchitecUnl Conservancy
and The Palm Beach Post, a critic m~nbor of the Works of Art Comm~ of the Boca
Psion Museum of Art, · member of Junior Achlev~nent and on the Boca Ratcm
Cnmmunity Redevelopment Agency Task Force on The Grace Commission. He currently
serves as Chairman of the Board for The Tonssaint L'Ouveture High School forAm and
Social Sunice in Delray Beach, Florida.
PROJECTS
l.l.qT OF PROJECTS:
Boca Raton Con~munf~ Hlgh&bool,~cience'Add~'on and ]dflster Pbm, Boc~ Raton,
Fl. AZA Awar~l for excellence in Design
*Fioridil Atlantic UnJversi~, ~)llege ofF. duc~(xl, Boca Rat(m, FL
Hunt Elementary School, Coral Spr~-~ FI.
Hsrld Conservntor~, Boca Raton, FL
Temple brael Early Childhood, West Palm Beac~ FL
All * Star Academy & Spore Camp, Z)clray Bem:~ FL
TempJe Bet Emet Esrly Childhood nd Grades 1,2 ~, Cooper City, FI.
Tousstint L'Ouvertura Hi.~h School rot Arts and Sochl Justice, DeLr~ Beach, FL
MUSEUMS:
Museum of Modern Art, Scoul, South Korea. AIA Awm'd for Ex~lence in l)esian.
The Gallery Center, Boca Raton, FL
Morihmi Mueum, l:)ehy Beach, 1~
~PECTJ~TY-PROJECTS:.
we t Reaionfd Courthouse, Pim c Fl.
B'nal Torah Congregation, Boca R]iton, FL
Temple brnel, West Palm Beth, FL
Boca Rston Mausoleum, Boca Paton, FL
Temple Bet Emet, Cooper Ci~, FL ( Current )
Temple Israel, West Palm Beach, FL (Ca'rem)
National Custom Homes: ~ Homes
WyclifY Cout~? Club: Custom Homes
Governor's Wali~ Delr~ Beech~ FL
Nesl's Market Townhouse Community, Delray Beach, FI. (
Kalbvtn Residence, Les Jardin.% Boca Pduon, FL (Current)
Hakkenber~ Residence, Boneire, Netl~lands Antilles Featm*ed in ~.aribbe~n World
Magazine
Fogbt Residence I, Bonaire, Netherlands Antilles AIA Award or Honor For l)esJLrn
Foght Residence 1~ Chicago, !l~innb (CLurent)
Fo~ht Residence Yr~ Bonaire, Netherlands Anf~es (~'~rrent)
RJchman Residence, Delray Beach, Florida
Liffman Residence, Bonaire, lq~ Antilles
o
Residence, Bonab%]q~ Antilles -
Gardenia Place Townboue Community, Lauderdalc By The Se~ FL
One YounE Circle Condominium Tower, HollF~ood Beach, FL
Andrew's Residence 1~ Ocean Ridge, Florida ( curre~ )
Tlcktin Residence, Ft. Lauderdale, FL
LIST OF RF, S~~ PROJECTS CONTINUED RESIDENTIAL:
' Lmit~r Resid. enc~ Bonair~'N~ Antilles
Botman Residence, Bomire, NetherlaMs Antilles
Epstein Residence, Wceton, Florida
Green Residence, Boca Raton, Florida
Pfneapple l'itce Condominfumo, Debuy Beach, Florida
Schmier Residence, Delray Beach, Florida
Schlicht Residence, Boca Raton, FL
Nuckles Residence, Delray Beach, Florida
Caribbean Blue Condominiums, Bomire, NeRterlands Antilles (Current)
Cohen Residence, Delray Beach, FL (Current)
lkoh Residence, Boca l~aton, FL (Current)
Schrer Residence, l~nalapan, FI. (Current)
King's Row Tow~house Community, Delray Beach, FI. (Curruxt)
LL~ OF PRO,IECI~:
OFFI~ BII~.F)INGS: .
'Bank.or lqova oiia,-Curacs . l,,Tethe/ A. tiller
Presidential Circle, Hollywood, FL Winner or many design awlrds;
Management Systems Worldwide, I1,C., Delra¥ Beach, FI. (CuFrent)
WJMK Studios, Boca Raton, FL AIA Award for Excellence in Design.
NCNB Ba~, Boca P. aton, FL
Over ~)0,000.00 squar~ of office spsce phmfla~ for Hmderson ~kntal Health Center,
WP. Grace, Trammel Crow, Oampel ~on, Panthu- P.,ealty, and other corporate
clients. ~
Spectrum Office Park: Two Phs~ 45,000 s.f Office Building, Ft Laudmlale, FL
Sirs Inc~ D~lray Bx~ch, FL
Sflbersteia Archit~cts, Delray Bx~.l~, FL AIA Award for Excellence ia D~gn, 2000.
Office Building for Dr. Rxllly, Delray Beach, FL (Currem)
COMlVIER~~H~ PROJECTS:
Hertz Service nd Rental Facility, W*mdsor Loch, Connecti~ AIA AwIFd
Boc~ Valley Shopping CeMm*, Bo~ P4ton, FL
K~ West F4preeso & Ice Cream, Key West, FL
Littmsn Jewelers, Bonabe, Nelbatands p.,di!t~
Lit*man's At The Piam, Bomire, Nelheflands Antilles
Littnmn's, Bomtre, Netherlands Amilles
Peppercorn's Cafe, Key West, FL
LIST OF PROJECTS:
o
HOTELS & RESORTS:
Paradise Village Tulip Hotel, Cm-acao. Netherlands Antilles
The Hamlet Resort. Bomire. Netherlnds .d. nfines
Avila Beach Resort. Ctncao. Netherlands Antilles
MIXED USE FROJECTS:
Union Station. Hartford, Connecti~
Pineapple Place. ~ Beach. FL
One Young Circle Condominium Tower. Hollyw~xl Beach. FL
Sirs Office and Retail Complex, ~ Beach. FL
DFIT. RIOR ARCHITECTURE:
Foght Residence, ]3~dtre Nettarlmds Antilles. A.LA Award 1997
Agardy Resldenc~ Boca Raton, FL
Katzev Residence, Bomb'e, Netherlands Antillas
Green Residence, Boca Raton. Florida
Simon & Simon Law Offices. Dehy Beach. Florida
WJMK Studios. Boea ~ FL AIA Award rot Excellence in Design.
RECOGNITION
RECOGNITION:
American Institute or. ,~UTM~ Xwtrds for Exce~ence in
-
Boca Retort Co..~.;.~ity Hi~b school, Boca ~ PI.
WLMK Studio, Boca ~ 1:'1.
Foght Residence, Boneire, Netberlands Antilles
Becket l~esidence, Boca ~ PL
Museum of Modem Art, Seoul, Sou~h Korea
$il~ Architects, Delrsy Bcacb, Pl.
Award of Honor for Design from The Palm Chapter of the
American Institute of Architects to Silbemein Architects for thek
outstanding contribution towards srchi~ design. Jeffrey
Silba3tein was cited for the "high quality nd originality of his
work over an extended period of time'. 1998
Publications:
Arcbi~ Record
Florida/Caribbean Architect
Boca Raton News
Sun- Sentinel
Miami Herald
Interior Design
Antillean Review
' Caribbean World Mapzin~
!.tqT OF PROJECTS:
Presidential ~e, Ho~ ~. W~ner oTmny d~i~ ~
Manage~nt S~t~ Wo~id~d~ ~ ~hy ~ ~ (~)
W~ Smdl~, B~ ~ ~ ~ A~ for ~en~ h ~
N~ Ba~ B~ ~ ~
~ ~,~.~ ~ua~ of o~ce space phn~g f~ H~ M~ H~ ~,
~ ~ce, T~el ~w, ~ ~~o~ P~ ~, ~ o~ ~2
c~.
S~c~m O~ce Par~ ~ P~ 4S,~ ~f~ B~, Ft ~e, ~.
Sflbem~ A~t~ ~ B~ ~ ~ Awa~ for ~en~ h ~ ~.
O~ce B~g for Dr. b~, ~ Bu~ FL (~)
COMMER~T~ PROJECTS:
Hertz ~erviee and Rental Facilf~, W~.mdsor Lock3, ConnecticuL AIA Award
Boc~ ~'all~ Shopping C. enbr,~ .l~
Key West Espresso & Ice Cretan) Key West, FL
Ltttman Jewelers, Bomire, ~ Amines.
Littman's, Bomire, Netherlands ~n~lles
Peppercorn's Cafe, Key West, FL
~.~T OF PROJECTS:
HOTELS & RESORTS:
Psr~dbe Village Tulip Hotel, Curacao, Netherlands Antilles
The Hmmlet Resort, Bomir~ N~rlands Amilles
Avlla Beach R~ort, Curacao, Natm~mds ~n~s
MIXED USE PROJECTS:
Union Station, Ihrtfor~ Connec~cut
Pineapple Place, Delray Beach, FL
One Young Circle Condomt-tum Tower, Hollywood Beach, FL
Sirs Office tnd Retail Complex, Delray Beach, FL
' INTERIOR A~. CHFI~CTURE:
. Becket i~eslde~ce, B.oc~ Raton, FL A.LA. Amlrd 199~
Foght Residence, B_~e ~Ietheflnds An~illas. A.LA Award 1997
- Ibtzev Residence, Bomir~ Netherlmds,~nes
Gram Rmdd~ Boca Raton, Fl~id~
$1mou & Simou Law Ore,me, ~ Bm~h, Flori~
W~lVIK Studios, Bo~ Raton, Fl. AIA Award for Exeellencm i~ D~ig~
RECOGNITION
RECOGNITION:
A~neric~ Institute or- Archi/ecU A~ards rot Exceilene~ in
Design: '
Boca RJ~on Co,,,,,,uni~ liish school, Boca P, JMn, FL
WLMK Studio, Boca R,Wm, FL
Foght Residence, Bonaire, Nethedands
Becket Residence, Boca RaIon, Fl.
Museum of Modem An, Seoul, South Koru
Silberstein ArchitecU, Delray Beach, FL
Award of Honor for Design from The pnlm Chapter of the
American Institute of Architects to Silbersteln Architects for their
outstandin~ contribution towards architectural desi~. Jeff3~y
Silbersteln was cited for the "high quality and oriiinality of his
work over an extended period oftim¢'. 1998
Publications:
Architectural Record
Florida ICaribben Amhilzct
Boca Ra~on News
Sun- Sentinel
Miami Herald
lht~or Iksign
DB~Z Gernhn D~. "~n publication
Antillemi Review -.
Caribbean Woidd lV[n~ine
2001
Silberstein Architects, delray beach, florida
Foght Residence, Bonaire, Netherlands Antilles
The island of Bonaire in the --
Netherlands Antilles is located 38
miles north i~fVenezuela. After
spending ten winters on the island,
the owners of this house bought
property on which to build a
permanent winter home. Boundezl
on three sides by.r~sidential lots
and a twoS-lane road, the house
faces west toward the oce. an.
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 re. suited
from a clear program and specific
site 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
doo?. ay leading into the courtyard
or through 'the garage. -The court-
y~rd is enclosed by the gu~sr'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 ~nd fronted by a terrace on
the west that overlooks the court-
Photo, lop: We~t elevation of the house a~ ~een from thc ouan; Above: &cond floor
2001
yard as well as the ocean beyond. The
courtyard, with its 30-foot long fountain
fringed with 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
ocean.
The floor plan i~'axial. From the -
oma'mental cour~ard 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
radial cedar deck that cantilevers over the
cliff. This 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 sm'faces are painted stucco. -
Doors and windows were custom de-
' sign~:d and fixade of ma.ho'gany b'y
craftsmen on the' island.
Photo, top: ~.mrr~rd
t~ntr/ ~f tbr ~i~n.
,?~/~ AR~Hrl'ECT Z.~
Mater 2001
PALM
AWARD OF HONOR FOR DESIGN
l~OR~ oiYrSTANDING CO~I.]TION
TOWARDS ARCH1T~~ DI~IGN '
BUSINE'S-S
lllill
FUTLIRE DESIGN-': ....
Architects are remodeling~,,,,,~ : ".'~' "':
'-to satisfy'sophisticated buyers. 8
'WHEIa:' -ONCE ROAMEI
~We liked the idea of
having a park so i~iose ~..'
4
Archite:t Jeffr~,',Siibt. qaehl Hvu ua who{ used
to bca ~e pr~f'~e in l~).'a Rmon.
;,....rr,a¢in mul wihr R~m~' w~*c told i
-,,,:r~:,a L'S,~,' when Ih~ were hou,K,-buflrbtj.
· ...t !_i~e~ dm ~ea t~ t~ ~ ~ a ~'k
dlfd ,~im ~ ~ II~ ,rid veyg~ado~
-.~ffh:a U~'~ from ~ 195 I.m !~
~wh. ! ~ years ash i~ Car~o. Galdiu~L
l~r dr~r~hcs it as 'Beflnuh*t)*pe
41ih ~hit~ ~ dl~ roof. by ~m~ ~
· ~ Imm~ ~r his work on d~ ]~oca Ratm~ I.Ush
~'h~ ac~ml~ add~ttnn, t)~ Mm'lkami Museum
~ tx. lmm, lk~-t~ t!,-. Ha~ Cmeer~atory amd
was'6nce
Moving Up-
effrey $il erstein
Owner, Silberstein Architects,
Int~, in Boca Raton
Recent e¢compliMt-
ments: Jeffrey Silberatein of
Silberstein Architects tnt%
Boca Raton, is the 1998 Award
of Honor winner from the Palm
Beach Chapter of the America~
Institute of Architects.
Silberstein was recognized
for advaacing the cause of out-
standing architecture and pro-
viding inspiration to fellow
prac'dtioners. His design of a
two-story, four-bedroom resi-
dence in Bonaire, The Nether-.
lands Antgles, was the ove~!
wL, mer in the "Bui]t Project"
category.
The home design was noted
rangement built into a cantile-
vered decking, overlooki~ the
Jeffrey Sllbersteln
(above) designed
the Ali-Star Academy
in Delray Beach. His
design of a two-sro-
fy, four-bedroom res-
idence in Bonaire,
The Netherlands An-
Ulles (left) won an
8ward from the Palm
Beach Chapter of-
the Amedc~n Insti-
tute of Architects. *
HEATHER sEcwrrz/
:'It was-a challenge ~ ~,t~?use.
it was a very narrow lot, he.
ays. "I was able to create i
ome that pre I lot of p~.
"The award is only given
once, a yea:. ~ other entries _An~U. '?,. 1.0, nd., Sarah, 6. An architect for i? yem,
· rec~ved merits. I~8 a real ~ Originally from buracao, Neth- Silberstein's projects ia Florida
o~ because you're judged by erlands Antilles, Silberstein has iadude designing of the Mori-
your peers." lived in Boca since 1985. kami Museum, Harid ~ser-
vatory, College of Education at
Eduemtlon: Gradtmte of Oarmmr Ifl~hlights: Sflber- FAU and Presidential Circle.
Clark University and received stein also received AIA awards Hot'hims: Reading, art, ten-
his professional degree from for several proj ~e,~ts including nis and going to the gym.
Pratt Institute in New York. ' the Boca Raton Community
Age: 44. WJMK Studios and the Muse- stop learning," he says. "You
Pmrsonal: Married to Rose- tun of Modem Art, Soou], never know enough, and I love
mary and has two daughters -- South Korea.. what I do."
o % .
4 ~oc. Fl-ton ,Newa/~oct.ty Monday, September ~. 1997
.nJI-S~r Academy holds dedication ceremony for new campus
m~mth ami Ali-Stat ~Xlnma Io In fully
~ouncil uf ind~pgndem ~
· opmdm, b fan I)ec~nifll (x~ or,he lop
~a~ hi~ full ~,~ ~mi~
~y ~ ~k~ il] fl~ ~unmlit)
AIl*~A~my
~i6~ of ~c~
C~n~. ~ ~ ~ flw ~)' h, a
~id'a ~. AII-~ ~-~my'a ~c-
'The IOld d'lhe Lowa'
Schod b Io hslJll in ,,u-
fRa. I
ROBERT G. O.F~RIE PART/ERSHIP PHOIE t~. : 561 243 Bi84 Jun. 27~ ~00~ ~
p~,~ ~-.¢~
® BOARD MEMBER APPLICATION
2001
07: 47F~.! P2
S~L~ Zip Code
Suite Zip
If so, where ~ze you zw.~gi*t~d~ ~ g~TOKI
'il. Give tow wescnr, or most rccem ~mploF4, ~:l posi~i~
D~ac~e ex"petiences, ,kill~ ~ Imo~le&=e ~-hieSa qu~T 7ou to ,er~c on tl~ bo, rid: t'Ple~e-~ a-I=i~£z~m~)
JE55 M. 50WARDS, AIA
P^RTNER
CURRICULUM VITAE
As a partner and senior architect with the ROI~ERT G. CUERIE FARTNERSHIFo Jess 5owards
has bun responsible for design and management of a variety of project types. His
responsibilities have also included slte investigations, cost estimating, and specifications
~levelopment. He has worked ~xtensively with both public and private clients in master planning.
programming, coordination, and implementation of projects. His attention to design detail,
· r, horough follow-up procedures, and commitment, to ~uality drawings combine to produce
successful projects.
EDUCATION
UNIVEF, SlTY OF KENTUCKY · Dachelor of Architecture, 19/~7
REGISTRATION
Flotilla. # 13205 NC^F,t~, # 4D/~01
PROFE5510NAL AFFILI^TION5
Vice Chair
Past Chair
Member
City of Delray l~each
i~oard of Adjustments
City of Delray l~each
Site Plan IP,~view and Appearance 5oard
Open ~pace Design Guide Lines
Pineapple Gr~e Main Stre~
EXPERIENCE
Relevant to the planning r~vi~v tabks assoclat~l with participation on the City of Delray l~each
Planning and Zoning I~oard is Mr. Sowards ~xperience on planning charr~ttes throughout South
Florida including the Pineapple Grove Design Charrette, the Delray Deach Public Library Design
Charrette, the I~oynton l~each Marina Design Cha~ette and the Village of Key l~i~cayne Design
Charrette. In addition, in his role as an architect, Mr. 5owards has over the last 12 year~ made
numerou~ presentation~ to Planning and Zoning I~oards and has developed a keen
umterstanding and res. pect for the responsibility of the~e boards.
RECENTLY COMPLETED PROJECT5
Palm Beaoh Communi~y College Foundation Reet, orat, ion
Wee1; Palm l~cach. Florida
Proje~ l~udg~: $1.500.000
Delray iseaoh Cil;~ Hall
Delray 15each. Flor~a
Project, Dudg~: $~.000,000
Palm Tran Main Adminlet, mt, ion FaGility
Wee1; ?aim 15gach, Florbta
Project, 13udg~r,: ~6,000,000
Palm Tran ,~at, ellit, e Mairrt, enan/;e I~uildinit
D=lray 15=ach, Floric/a
?roj~ct; 5uc/g~rl;: ,~4,000.000
Bo~nton Beaoh Hietorio 5ohool and Cultural Arte Center
I~oynt, on I~ach. Florida'
Projec'r, Dudget,: 91.500.000
07/12/01 TRI.~ 1~:07 FAX 5~1 ~43 3774 CTT~ CLERK
~ CITY OF DELRAY BEACH
.O~,D MEMBER APPLICATION
1993
2001
N0~= Woehlkens
Same
205 George ~ush ~LVD
Name Jillian
-~q'Delray Bch
C~t~
Delray Beach
FL
· S~te
FL
I
- zip code I
I
33444
I
J 2~4-9315J 2~6011 ! jwo~ns,_,
J .... I . i., ~1 ~ ........
' ' ~n t~ -proces% recently Just chan~eda~re... I have ~ked' in
of years~ ~owever~
H.P.B and'P & '~. and S.P.R.A.B " ~ecently moved into the~
~ ~. ~.,,~. city.
~"' ~t ~ 0v Bo=~ on ~ich ~u *~ ~m~ se~ ~ ~e'p~s~ s~e& ~l~c ~du~ dit~)
None a~ presen: ~tme. ..
None at ore~ent- t'~ma._
'Elxoploulos i Assoctates~ Graduated Archttect~
ormer ~. mresent work experience under current board membe.r of
'- s.~.R,A.B~ Extre~e'ly dedtcate-~ & eager to enhance my knowledge an
skills especially r, elated to communXtv as wgl} a~ oul~urA1 i~suea~
pertaining to' future endevor~.
submkt,.~ ~t ~r~ be the ,pp~t's :esl)OnsibilLT to ensue tl~ a cu~eat,~p]i~do. ~ o~ tim.
RECEIVED
JUL'I 3 2001
CITY CLERK
t
ELIOPOULOS &
ASSOCIATES, INC.
Architects, Plamms & Interior Designers
AA0003179
JILLIAN M. WOEHLKENS
205 George Bush Blvd.
Deh'ay Beach, FL
3~~.
lrnone: 561/276-6011
Fax: 561/276-6129
OI~IECTIVE
EDUCATION
WORK
EXPERIENCE
Acnyn'lEs
INT~m~
RElt~,RENC~S
· Rg~l~gllt 0~~ SC]IOIa/x~p for osJt__~'nt~lin..~ l~a~a{ll/l~i~ilnr IK~JVJfi~ all foot ygli~.
· On~ of a font person Imm to design and build an addition to existing hom~ in a design-lmild ~o.
fo~ obtninlng building pexmits. ~ field n~mn'ements to then be placed on CAD, produce
Norwich Univerdty: Nordtfield, VT 1996 - $/01
,~d-,~.i.~n'a~iv~ A~?m for Swim ,.,d Soccer C~__eh -recruit ~ athle~ database
A.LD. M~Jeb Ine., Wn_s~i-_~m, NI 9/95 - 7/96
~ - conmuct~ trees, pu,.~_, furnitt~ etc.., for mi,,;,,t.~e scaled mode~ worked with casting
· ~ - AutoCAD, ~ Studio Max, M_~-~,i,-~ Desktop, Microsoft Word, Minusoft
~ Word ~ ]aedic Comput=.
· Norwich Univu3ity Women's ~ Team - ~__.~in 1,2,3,4
* AlAS - Memlx~ 1,2,3,4,5
· C-iff Scouts - recipient et gold and silver awards, higlm honors m+oi~Me
* A.rcbJtectm'e ~on -2nd place for design and ccmmucfion et scaled model
Avaihble utm n~lmst
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM ~ - REGULAR MEETING OF JULY 16, 2002
ORDINANCE NO, 24-02 (AMENDING LAND DEVELOPMENT
REGULATIONS)
DATE: JULY 12, 2002
This is second reading and second public hearing for Ordinance No. 24-02 which amends the Land
Development Regulations (LDR) by adding Public Educational Facilities as a permitted use in
residential and community fadlities (CF) zoning districts, amending Section 4.3.3, "Special
Requirements for Specific Uses" to add supplemental regulations for public education facilities, and
allowing private schools and other similar educational facilities as a conditional use in certain
residential zoning districts and planned residential development (PRD) zoning districts.
The Planning and Zoning Board held a public hearing in conjunction with the request. There were
several members of the public who spoke regarding this request. After discussing this amendment,
the Board voted 3-2 to recommend the request be approved, based upon a positive finding with LDR
Section 2.4.5(M)(5) that the text amendment is consistent with and furthers the goals, objectives, and
policies of the City's Comprehensive Plan.
At first reading and first public heating on July 2, 2002, the City Commission passed the Ordinance
No. 24-02 unanimously.
Recommend approval of Ordinance No. 24-02 on second and final reading.
S:\C~ty Clerk\chevelle folder\agenda memos\Ord.24.0Z07.16.02
THRU:
FROM:
DAVID T. HARDEN, CITY MANAGER~_~
PAUL DORLING, DIRECTOR OF PLANNING AND
JEFFREY A. COSTELLO, PRINCIPAL PLANNE~
I I,~t~'
MEETING OF JULY 2, 2002 - CONSIDERATION"~'F AN AMENDMENT TO THE LAND
SUBJECT:
DEVELOPMENT REGULATIONS TO ADD PUBLIC EDUCATIONAL FACILITIES OF THE SCHOOL
DISTRICT OF PALM BEACH COUNTY AS A PRINCIPAL (PERMITTED) USE IN RESIDENTIAL AND
COMMUNITY FACILITIES (CF) ZONING DISTRICTS; SECTION 4.3.3 ADDING SUPPLEMENTAL
REGULATIONS FOR PUBLIC EDUCATIONAL FACILITIES; MODIFYING THE DEFINITION OF
RESIDENTIAL ZONING DISTRICTS; RENAMING EDUCATIONAL FACILITIES AND CLARIFYING THAT
PRIVATE SCHOOLS AND OTHER SIMILAR EDUCATIONAL FACILITIES ARE CONDITIONAL USES IN
CERTAIN RESIDENTIAL ZONING DISTRICTS; AND ADDING PRIVATE SCHOOLS AND OTHER
SIMILAR EDUCATIONAL FACILITIES AS A CONDITIONAL USE IN THE PRD ZONING DISTRICT.
The proposed amendment adds supplemental regulations for public educational facilities and modifies the
definition of residential zoning district in the LDRs to be consistent with the Comprehensive Plan. Further,
the current regulations within the Community Facilities (CF) zoning district have been modified to allow
public educational facilities as a permitted use. The amendment also incorporates changes per the
Commission's direction, which related to removal of the reference to charter schools and adding public
schools as a permitted use in the A (Agriculture), MH (Mobile Home), and RR (Rural Residential) zoning
districts, based upon public comments. Additional background and a complete analysis are found in the
attached Planning and zoning Board staff report.
The Planning and Zoning Board held a public hearing regarding this item at its meeting of June 17, 2002.
There were several members of the public who spoke regarding the request. An attorney representing the
Coral Trace Homeowners Association felt the amendment was not properly advertised and that the
proposed amendment was too broad and inconsistent with State Statutes. A comment was also made that
the School District should review and provide a recommendation on the proposed the amendment. Another
person felt public schools should be allowed as a conditional use rather than a permitted use. After
discussing the amendment, the Board voted 3-2 (Warner and Randolph dissenting, Krall and Sowards
absent) to recommend to the City Commission approval of the proposed amendment to the Land
Development Regulations, based upon a positive finding with LDR Section 2.4.5(M)(5), that the text
amendment is consistent with and furthers the Goals, Objectives and Policies of the City's Comprehensive
Plan. With regard to the comment regarding the School District's review of the proposal, attached is a letter
from the School District supporting the proposed text amendment.
By motion, approve on first reading an amendment to the Land Development Regulations to add "Public
Educational Facilities of The School District of Palm Beach County" as a permitted use in residential and
Community Facilities (CF) zoning districts; Section 4.3.3 adding supplemental regulations for Public
Educational Facilities; modifying the definition of Residential Zoning Districts; renaming Educational
Facilities and clarifying that Private Schools and Other Similar Educational Facilities are conditional uses in
certain Residential Zoning Districts; and adding "Private Schools and Other Similar Educational Facilities"
as a conditional use in the PRD (Planned Residential Development) zoning district, based upon a positive
finding with LDR Section 2.4.5(M)(5), that the text amendment is consistent with and furthers the Goals,
Objectives and Policies of the City's Comprehensive Plan, and setting a public hearing date of July 16,
2002.
ORDINANCE NO. 24-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES, BY AMENDING SECTION 4.4.1
"AGRICULTURE ZONE DISTRICT (A)", 4.4.2 "RURAL
RESIDENTIAL (RR) ZONE DISTRICT", SECTION 4.4.3,
"SINGLE FAMILY RESIDENTIAL (R-l) DISTRICTS",
SECTION 4.4.4 "MOBILE HOME (NIH) DISTRICT",
SECTION 4.4.5, "LOW DENSITY RESIDENTIAL (RL)
DISTRICT", SECTION 4.4.6, "MEDIUM DENSITY
RESIDENTIAL (RM) DISTRICT", SECTION 4.4.7,
"PLANNED RESIDENTIAL DEVELOPMENT (PRD)
DISTRICT", AND SECTION 4.4.21, "COMMUNITY
FACILITIES (CF) DISTRICT", TO ALLOW PUBLIC
EDUCATIONAL FACILITIES OF THE SCHOOL DISTRICT
OF PALM BEACH COUNTY AS A PRINCIPAL USE
PURSUANT TO REGULATIONS SET FORTH IN SECTION
4.3.3(HH); AMENDING SECTION 4.4.3, "SINGLE FAMILY
RESIDENTIAL (R-I) DISTRICTS", SECTION 4.4.5, "LOW
DENSITY RESIDENTIAL (ILL) DISTRICT", SECTION 4.4.6,
"MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT",
SECTION 4.4.7, "PLANNED RESIDENTIAL
DEVELOPMENT (PRD) DISTRICT", AND SECTION 4.4.21,
"COMMUNITY FACILITIES (CF) DISTRICT", TO AI,I.OW
PRIVATE EDUCATIONAL FACILITIES AS A
CONDITIONAL USE SUBJECT TO THE RESTRICTIONS
SET FORTH IN SECTION 4.3.3(HHI-I); AMENDING
SECTION 4.3.3 (HI-I), "EDUCATIONAL FACILIITIES", BY
RENAMING THE SUBSECTION TO "PUBLIC
EDUCATIONAL FACILITIES OF THE SCHOOL DISTRICT
OF PALM BEACH COUNTY" AND ADDING
SUPPLEMENTAL REGULATIONS FOR PUBLIC
EDUCATIONAL FACILITIES; AMENDING APPENDIX
"A", "DEFINITIONS" TO MODIFY THE DEFINITION OF
"RESIDENTIAL DISTRICTS"; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on June 17, 2002 and voted to recommend that
the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and furthers
the goals, objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 4.4.1, "Agriculture Zone District (A)", Subsection (B), "Principal
Uses and Structures Permitted", of the Land Development Regulations of the Code of Ordinances
of the City of Delray Beach, Florida, be amended to read as follows:
Section 4.4.1 Agriculture Zone District (A):
03) Principal Uses and Structures Permitted: The following types of use are allowed within
the (A) District as a permitted use:
(1) The conduct of agricultural operations such as: crop lands, poultry, dairies,
grazing lands, flower growing and fruit, citrus, and orchard groves; and structures normally
associated there with such as: barns, chicken coops, drying sheds, farmhouses, greenhouses.
(2) Horse Ranches, Horse Boarding Stables, R/ding Stables and Academies; and
structures normally associated there with such as: stables and training facilities.
(3) Single family detached dwellings.
(4) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I).
Public educational facilities of The School District of Palm Beach County,
pursuant to the regaflations set forth in Section 4.3.3(HH).
Section 2. That Section 4.4.2, "Rural Residential (RR) Zone District", Subsection 03),
"Principal Uses and Structures Permitted", of the Land Development Regulations of the Code of
Ordinances of the City of De[ray Beach, Florida, be amended to read as follows:
Section 4.4.2 Rural Residential (PR) Zone District:
03) Principal Uses and Structures Permitted: The following types of use are allowed within
the (A) District as a permitted use:
(1) Single family detached dwellings.
2 ORD. NO. 24-02
(2) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(1).
Public educational facilities of The School District of Palm Beach County,
pursuant to the regulations set forth in Section 4.3.3(HH).
Section 3. That Section 4.4.3, "Single Family Residential (R-l) Districts", Subsection (B),
"Principal Uses and Structures Permitted", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be amended to read as follows:
Section 4.4.3 Single Family Residential (R-l) Districts:
03) Principal Uses and Structures Permitted: The following types of use are allowed within
the Single Family Districts as a permitted use:
4.3.3(I).
(1) Conventionally sited single family detached residences.
(2) Group Home, Type 1, pursuant to the restrictions
set forth in Section
(3) Parking lots not associated with a use, pursuant to an adopted neighborhood
or redevelopment plan.
(4) Pocket parks.
Public educational facilities of The School District of Palm Beach County,
pursuant to the regulations set forth in Section 4.3.3(HH).
Section 4. That Section 4.4.4, "Mobile Home (NIH) District", Subsection (B), "Principal
Uses and Structures Permitted", of the Land Development Regulations of the Code of Ordinances
of the City of Delray Beach, Florida, be amended to read as follows:
Section 4.4.4 Mobile Home (NIH) District:
03) Principal Uses and Structures Permitted: The following types of use are allowed
within the (NIH) District as a permitted use:
(1) Mobile Home Parks which provide the sale or rental of sites for occupancy
by mobile homes, wherein the park is operated as a unit.
(2) The sale, by its owner or licensed dealer, of used mobile homes on sites
presently or previously occupied by the owners of such mobile homes.
3 ORD. NO. 24-02
(3) Storage or parking of mobile homes on sites preparatory to occupancy or
between periods of occupancy.
~ Public educational facilities of The School District of Palm Beach County,
pursuant to the regulations set forth in Section 4.3.30-11-1).
Section 5. That Section 4.4.5, "Low Density Residential (ILL) District", Subsection (B),
"Principal Uses and Structures Permitted", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be amended to read as follows:
Section 4.4.5 Low Density Residential (RL) District:
(B) Principal Uses and Structures Permitted: The following types of use are allowed within
the 0{L) District as a permitted use:
(1)Single family detached dwellings.
(2) Duplex structures.
(3)Multiple family structures.
(4) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(1).
(5) Parking lots not associated with a use, pursuant to an adopted neighborhood or
redevelopment plan.
(6) Pocket parks.
1~ Public educational facilities of The School District of Palm Beach County..
pursuant to the regulations set forth in Section 4.3.3(HH).
Section 6. That Section 4.4.6, "Medium Density Residential (RM) District", Subsection (B),
"Principal Uses and Structures Permitted", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be amended to read as follows:
Section 4.4.6 Medium Density Residential (RM) District:
03) Principal Uses and Structures Permitted: The following types of use are allowed within
the (KM) District as a permitted use:
(1) Single family detached dwellings.
4 ORD. NO. 24-02
(2)
(3)
(4)
(5)
Duplex structures.
Multiple family structures.
An abused spouse residence with twelve (12) or fewer residents.
Group Homes, Types 1 and 2, and Community Residential Homes, pursuant
to the restrictions set forth in Section 4.3.30).
(6) Parking lots not associated with a use, pursuant to an adopted neighborhood
or redevelopment plan.
(7) Pocket parks.
Public educational facilities of The School District of Palm Beach County,
pursuant to the regulations set forth in Section 4.3.3(HH).
Section 7. That Section 4.4.7, "Planned Residential Development (PRD) District",
Subsection (B), "Principal Uses and Structures Permitted", of the Land Development Regulations of
the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows:
Section 4.4.7 Planned Residential Development (PRD) District:
(B) Principal Uses and Structures Permitted: The following types of use are allowed
within the (PRD) District as a permitted use:
(1) Single family detached dwelling whether conventional or zero lot line
(2) Duplex structures.
(3) Multiple Family structures.
~ Public educational facilities of The School District of Palm Beach County,
pursuant to the r%mflations set forth in Section 4.3.3(HH).
Section 8. That Section 4.4.21, "Community Facilities (CF) District", Subsection (13),
"Principal Uses and Structures Permitted", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be amended to read as follows:
(13) Principal Uses and Structures Allowed: The following types of use are allowed
within the CF District as a permitted use:
5 ORD. NO. 24-02
(1) Governmental, such as: civic centers, courts, courthouses, temporary holding
facilities, fire stations, governmental offices, public health facilities, law enforcement offices and
facilities, post offices, public utility facilities (e.g. lift stations), water storage tanks, water treatment
plants, water wells, wastewater treatment plants, drainage facilities.
(2) Community, such as: civic centers, community centers, community theater,
cultural facilities and auditoriums, arts and crafts centers, libraries, museums, public parking lots and
garages.
(3) Recreation, such as: community centers, tennis centers, swimming centers.
(4) Services, such as: abused spouse residences, child care centers, day care
centers, community residential facilities with six or less occupants.
(5) Religious, such as: churches and places of worship with attendant uses of
day care, pre-school, educational facilities, and with other normal educational (Sunday school) and
recreational facilities, and support facilities (e.g., parsonage).
(6) Restricted usage allowed pursuant to an ordinance enacted to sever
developments tights under a Transfer of Developments (IT)R). (See Section 4.6.20).
~ Public educational facilities of The School District of Palm Beach County,
pursuant to the re~mdations set forth in Section 4.3.3(HH).
Section 9. That Section 4.4.3, "Single Family Residential (R-l) Districts", Subsection (D),
"Conditional Uses and Structures Allowed", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be amended to read as follows:
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the Single Family Districts.
(1) Child care and adult day care.
(2) Churches, or places of worship, and their attendant educational, nursery, Sunday
school, recreational, and columbarium facilities. The foregoing does not allow establishment of
educational and care uses such as elementary school and general day care; however, such uses may
be established by a separate conditional use application for child care or rezoning to C.F., as
appropriate.
(3)
4.3.3(HHH__).
Private E-educational facilities subject to the restrictions set forth in Section
6 ORD. NO. 24-02
(4) The use of common recreational facilities such as swimming pools and tennis
courts, associated with a subdivision, for club or commercial purposes.
(5) Single family detached residences in zero lot developments but only in the R-
1-A and R-I-AA Districts.
(6) Level I group homes.
Section 10. That Section 4.4.5, "Low Density Residential (P_L) District", Subsection OD),
"Conditional Uses and Structures Allowed", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be amended to read as follows:
OD) Conditional Uses and Structures Allowed: The following uses are allowed as conditional
uses within the RL District.
(1) Child care and adult day care
(2) Churches, or places of worship, and their attendant educational, nursery,
Sunday school, recreational, and columbarium facilities. The foregoing does not allow establishment
of educational and care uses such as elementary school and general day care; however, such uses
may be established by a separate conditional use application for child care or rezoning to C.F. as
appropriate.
(3)
4.3.3(HHH__).
Private E'educational facilities subject to the restrictions set forth in Section
(4) The use of common recreational facilities such as swimming pools, tennis
courts, and golf courses (associated with a subdivision) for club or commercial purposes.
(5) Single family detached residences in zero lot developments.
(6) Group homes, Level II.
Section 11. That Section 4.4.6, "Medium Density Residential (RIM) District", Subsection
OD), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the Code
of Ordinances of the City of Delray Beach, Florida, be amended to read as follows:
OD) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the RM District.
(1) Adult congregate living facilities and continuing care facilities.
7 ORD. NO. 24-02
4.3.3(HHH__).
Alcohol and drug abuse treatment facilities.
Child care and adult day care.
Private ~-~educational facilities subject to the restrictions set forth in Section
(5) Churches, or places of worship, and their attendant educational, nursery,
Sunday school, recreational, and columbariurn facilities. The foregoing does not allow establishment
of educational and care uses such as elementary school and general day care; however, such uses
may be established by a separate conditional use application for child care or rezoning to CF, as
appropriate.
(6) Convalescent homes, homes for the aged, nursing homes, and rest homes.
(7) The use of common recreational facilities such as swimming pools, tennis
courts, and golf courses (associated with a subdivision) for club or commercial purposes.
(8) Single family detached residences in zero lot developments.
(9) Group homes, Level III.
(10) Yacht club with facilities.
(11) Dock master facilities when associated with a multi-family development
which has a marina.
(12) Private beach clubs with attendant recreational, dining, and related accessory
facilities within the area lying south of Atlantic Dunes Park and east of State Road A1A.
Section 12. That Section 4.4.7, "Planned Residential Development (PRE)) District",
Subsection (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations
of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows:
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the PRD District.
(1) Child Care and Adult Day Care
(2) The use of common recreational facilities such as swimming pools, tennis
courts, and golf courses for club or commercial purposes.
8 ORD. NO. 24-02
0)
Private educational facilities subject to the restrictions set forth in Section
4.3.3(HHH).
Section 13. That Section 4.4.21, "Community Facilities (CF) District", Subsection 02)),
"Conditional Uses and Structures Allowed", of the Land Development Regulations of the Code of
Ordinances of the City of DeLray Beach, Florida, be amended to read as follows:
02)) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses:
(1) Health Care, such as: adult congregate living; continuing care; homes for the
aged; nursing homes; substance abuse treatment facilities; hospitals, with or without helipads and
associated laboratories, treatment centers, rehabilitation centers, and testing facilities; and mental
health treatment facilities including residential care.
(2) Private geducational facilities pursuant to the reguLations set forth in Section
4.3.3(HHH),, _:,u ..... t.u .... .: ..... and vocational schools except for training or programs which
can be conducted in multipurpose buildings or offices (e.g. a dance school, real estate school, etc.)
which may be located in various commercial districts, pursuant to the regulations set forth in Section
4.3.3(HHH).
(3)
Services, such as: community residential homes with seven or more
occupant.
(4) Transportation, such as: bus stations, railway stations, taxi dispatch (more
than one taxi), and park and ride areas.
(5) Special Services and Facilities, such as: privately operated parking lots and
garages; stadiums and arenas; refuse transfer stations; resource recovery facilities, pursuant to
provisions of Section 4.3.3(Z); and power transfer stations.
Section 14. That Section 4.3.3, "Special Requirements for Specific Uses", Subsection (HI-I),
"Educational Facilities", of the Land Development Regulations of the Code of Ordinances of the
City of Delray Beach, be amended to read as follows:
Section 4.3.3 Special Requirements for Specific Uses:
0-IH) Public Educational Facilities of The School District of Palm Beach County:
9 ORD. NO. 24-02
r- ...... :'~' e--:':'"-~ '::~"'--'~ The following retmlafions amply. Relief from these reauirements
shall only be granted by the City Commission through the waiver process [Section 2.4.703)].
(1) ~,.A,, L_ -~ enn ....... c~_, is one (1) acre.
Lot Area: The minimum lot area ..... .. , ....,~ ...... . ~. .
($2) Loading Area: A pickup and drop-off area for children shall be provided in a
convenient area adjacent to the building and shall provide clear ingress and egress to the building.
A minimum of a 100' dedicated vehicular drop-off/pick-up lane shall be provided. The stacking
area is measured from the loading area and shall not block drive-aisles or parking areas. A greater
distance may be required by the approving body based on the capacity of the facility. A reduced
stacking distance may be approved by the Board based on a traffic impact statement. Pathways that
cross vehicular use areas shall be defined by special paving, brick, striping or other method
acceptable to the Board.
Landscape Requirement:: When abutting residentially zoned properties.
excluding separators such as streets, canals, and r~ilroads, a perimeter setback area of 15' must be
provided. The perimeter landscape area shall be a landscaped area. No paving is allowed except for
driveways and walkways leading structures on the premises provided they are perpendicular to the
property line. This perimeter setback area may be decreased to 10' when an outdoor recreation area
is and abuts residentially zoned property..
(4) Parking Requirement: Parking for public educational facilities of The School
District of Palm Beach County must be provided pursuant to Section 4.6.9(6)(e).
.... ~ .... ~ .... AH ~bHc Educafion~ Fac~fies of ~e School Board of Pa~ Beach Co~ must
comply ~ Chapter 23S of ~e Florida Statutes and ~e S~te Req~ements for EducafionM
Fac~fies as amended.
Section 15. That Appendix "A", "Definitions", "Residential Districts" of the Land
Development Regulations of the Code of Ordinances of the City of Delray Beach be amended to
read as follows:
10 ORD. NO. 24-02
APPENDIX "A"
TERM DEFINITION
RESIDENTIAL DISTRICTS
All R-1AA, R-IAAA-B, R-1AA, R-1AA-
B, R-lA, R-lA-B, RL, RM, PRD, A, PR,
and MH zoning districts.
Section 16. 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 17. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 18. 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 ., 2002.
ATTEST
MAYOR
city Clerk
First Reading
Second Reading
11 ORD. NO. 24-02
06/25/2002 ~6:20 56143488~5 PA6E 02/02
THES~'KX~DISTRIGT OF
PALM BEAOH OOUNTY, FLORIDA
3300 FOREST HiLL BLVD., C-110
WEST PALM BEACH, FL 33406-,.~13
(561) 434-8020 FAX: (56t)434-8187
Ame 24, 2002
I~UPERINTEND~g,~I'
Mr. Paul Dorling
Planning and Zoning Director
City of Delray Beach
100 N,W. First Avenue
Delray Beach, Fl.
RE: Proposed L~nd Development Regulations Amendment Affecting Schools
The following is provided in respome to a request for our input on the proposed land development
code amendment to allow schools as a permitted use in all residential and community facilities
zoning districts. The School District supports the proposed amendment and has advocated this
position to other municipalities in Palm Beach County.
In 1998, Florida Statutes Chapter 163.3177 was amended to require that local goverrunents'
comprehensive plans show the land use categories in which public schools are an allowable use,
including sufficient land proximate to residential development to meet projected needs for schools.
In January 2001, Palm Beach County opted for school concurrency, establishing a level of service
for schools, These concurrency provisions support the proposed land development regulation
amendment to enable construction of schools in pace with residential development.
The School District has adopted an aggressive capital plan for building and modernizing schools.
In order to keep pac~ with r~sidential development and meet thc needs of the growing student
population, school construction is necessarily on a very tight schedule. Allowing schools as a
permitted use in all zoning districts is preferable to other approval processes (conditional use,
rezoning, etc) and would greatly assist the School District in maintaining the concurrency level of
service for schools. Moreover, Policy B-l.1 of thc City's adopted Public School Facilities Element
requires expedited review of schools sites, Clearly thc proposed amendment furthers this policy,
We fully support the proposed amendment. If there are any questions, plcas¢ do not hesitate to
contact me at 434-8935.
CP
Js~t M~ks, Education Coordinator, City of Delray B~ch
Joseph Sauohes, Chief of Facilities Mansl~ SDFBC
WiJHRm F. Malone, Chief Operating Officer, SDPBC
S :~titBkPublic'~ma\llg'I~G~~l-2.4o¢
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
_MEETING DATE:
AGENDA ITEM:
JUNE 17, 2002
IV.A. - AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS TO ADD PUBLIC EDUCATIONAL FACILITIES OF
THE SCHOOL DISTRICT OF PALM BEACH COUNTY AS A
PRINCIPAL (PERMITTED) USE IN RESIDENTIAL AND
COMMUNITY FACILITIES (CF) ZONING DISTRICTS; SECTION
4.3.3 ADDING SUPPLEMENTAL REGULATIONS FOR PUBLIC
EDUCATIONAL FACILITIES; MODIFYING THE DEFINITION OF
RESIDENTIAL ZONING DISTRICTS; RENAMING EDUCATIONAL
FACILITIES AND CLARIFYING THAT PRIVATE SCHOOLS AND
OTHER SIMILAR EDUCATIONAL FACILTIES ARE CONDITIONAL
USES IN CERTAIN RESIDENTIAL ZONING DISTRICTS; AND
ADDING PRIVATE SCHOOLS AND OTHER SIMILAR
EDUCATIONAL FAClLTIES AS A CONDITIONAL USE IN THE PRD
ZONING DISTRICT.
ITEM'BEFORE~-THE BOARD
'1
The item before the Board is that of making a recommendation to the City Commission
regarding an amendment to the Land Development Regulations to add "Public Educational
Facilities of the School District of Palm Beach County"as a permitted use in residential and
Community Facilities (CF) zoning districts; Section 4.3.3 adding supplemental regulations
for Public Educational Facilities; modifying the definition of Residential Zoning Districts;
renaming Educational Facilities and clarifying that Private Schools and Other Similar
Educational Facilities are conditional uses in certain Residentia~ Zoning Districts; and
adding ''Private Schools and Other Similar Educational Facilities" as a conditional use in
the PRD (Planned Residential Development) zoning district, pursuant to LDR Section
2.4.5(M).
Pursuant to Section 1.1.6 (A), an amendment to the Land Development Regulations may
not be made until a recommendation is obtained from the Planning and Zoning Board.
~'~BACI(GROUND
Currently, in the City's LDRs public educational facilities are only allowed in the CF
(Community Facilities) zoning distdct as a conditional use. Educational facilities with a
focus towards special needs students are also allowed as a conditional use subject to
special criteria, similar to child care facilities.
At its meeting of May 20, 2002, the Planning and Zoning Board held a public hearing on an
amendment to the Land Development Regulations to allow Public Educational Facilities of
Palm Beach County School Board as a permitted use in all residential zoning districts.
IV.A.
Planning and Zoning Board Memorandum Staff Report
LDR Text Amendment - Public Educational Facilities in Residential Zoning Districts
Page 2
The amendment was being processed to obtain consistency with the City's Comprehensive
Plan as it relates to the Public Schools Facilities Element (adopted in 2001) as well as
other policies (adopted in 1999) relating to schools. The policies adopted in 1999 were in
response to an amendment to Section 163.3177(6)(a), Florida Statutes, in 1998, which
required local governments to include school siting location criteria in their comprehensive
plans and designate the land use categories where public schools are an allowable use.
There were several members of the public who spoke in opposition to the request which
were site specific and primarily opposed the relocation of Atlantic High School to the
property south of the Coral Trace subdivision, known as the Tate property. Also, they felt
that as the CF (Community Facilities) zoning district currently allows schools as a
conditional use, the proposed change to allow schools in residential areas is not necessary.
Another person was concerned with privately operated public facilities, such as charter
schools, being permitted within the residential zoning districts. After discussing the
amendment, the Board voted 5-1 (Warner dissenting, Randolph absent) to recommend to
the City Commission approval of the amendment to the Land Development Regulations to
allow "Public Educational Facilities of Palm Beach County School Board, excluding Charter
Schools" as a permitted use in all residential zoning districts, based upon a positive finding
with LDR Section 2.4.5(M)(5).
At its meeting of June 4, 2002, the City Commission considered the amendment as
proposed by the Planning and Zoning Board. The Commission discussed the amendment
and felt that the reference to charter schools should be removed. There were also
comments from the public stating that the proposed ordinance was incorrect as it did not
list public educational facilities in all residential zoning districts, as intended, as public
educational facilities were excluded from the Rural Residential (RR) zoning district. The
Commission directed staff to make the appropriate changes and re-advertise the ordinance
for first reading.
Subsequent to the City Commission meeting and dudng review of the proposed ordinance,
staff felt that supplemental regulations for public educational facilities should be added to
the LDRs and that the definition of residential zoning district in the LDRs should be
modified to be consistent with the Comprehensive Plan. Further, in light of the
amendment, the current regulations within the Community Facilities (CF) zoning district
should be modified to allow public educational facilities as a permitted use. In addition to
the above, the amendment incorporates changes per the Commission's direction.
LDR TEXT AMENDMENT ANALYSIS
LDR Section 2.4.5(M)(5) (Findin_cls}: Pursuant to LDR Section 2.4.5(M)(5) (Findings),
in addition to LDR Section 1.1.6(A), the City Commission must make a finding that
the text amendment is consistent with and furthers the Goals, Objectives and
Policies of the Comprehensive Plan.
Planning and Zoning Board Memorandum Staff Report
LDR Text Amendment - Public Educational Facilities in Residential Zoning Districts
Page 3
As presented in the Planning and Zoning Board Staff Report of May 20, 2002, the following
goals, objectives, and policies apply.
PUBLIC SCHOOL FACILITIES ELEMENT OBJECTIVE B-1 - School Facility Siting:
To establish a process of coordination and collaboration between the County, local
governments, and the School District in the planning and siting of public school facilities in
coordination with planned infrastructure and public facilities.
Public School Facilities Element Policy B-1.1 The City of Delray Beach shaft coordinate
and provide for expedited review of development proposals with the School District during
the development review process to ensure integration of public school facilities with
surrounding land uses and the compatibility of uses with schools.
Public School Facilities Element Policy B-1.4 The City of Delray Beach shaft encourage
the location of schools proximate to urban residential areas by:
· Assisting the School District in identifying funding and/or construction opportunities
(including developer participation or City of Delray Beach capital budget
expenditures) for sidewalks, traffic signalization, access, water, sewer, drainage and
other infrastructure improvements;
· Providing for the review for aft school sites as indicated in Policy B-I. 1 above; and,
· Allowing schools as a permitted use within aft urban residential land use categories.
FUTURE LAND USE ELEMENT GOAL AREA "D": THE PUBLIC SCHOOL SYSTEM
WHICH SERVES DELRAY BEACH SHALL BE AN ASSET TO THE COMMUNITY
THROUGH CONTRIBUTING TO THE STABILIZATION OF NEIGHBORHOODS AND
ACCOMMODATING THE NEEDS AND DESIRES OF EXISTING AND FUTURE
RESIDENTS OF THIS CITY.
Future Land Use Element Objective D-2 - The role of schools in their neighborhoods
shaft be enhanced so that the school facilities aid in achieving the goals and objectives of
this Comprehensive Plan, particularly those identified in the Housing element, which are
directed toward stabilization and revitalization of neighborhoods.
Future Land Use Element Policy D-2.2- The City Commission shaft work in concert with
the School District to reduce and minimize the busing of Delray Beach out of Delray Beach,
in order to enable as many children as possible to attend schools that are in or near their
own neighborhoods.
Future Land Use Element Policy D-2.3 - The City shaft strive to achieve better
cohesiveness of neighborhoods by lessening the number of school attendance districts to
which students are assigned, and/or the number of students bused out of the City. This
shall be accomplished through drawing such boundaries be adding or subtracting areas
adjacent to existing districts, rather than by drawing from enclaves located elsewhere.
Planning and Zoning Board Memorandum Staff Report
LDR Text Amendment - Public Educational Facilities in Residential Zoning Districts
Page 4
Future Land Use Element Objective D-3 - The City shall cooperate with the School
Board to achieve placement of new schools inside of the County's urban services area, to
upgrade and enhance existing facilities with the City, and to schedule individual facility
needs in an orderly and timely manner that is responsive to meeting the other objectives of
this goal area.
Future Land Use Element Policy D-3.5- Public educational facilities of the School
District of Palm Beach County shall be consistent with all land use categories except
Conservation.
Future Land Use Element Policy D-3.6 - The location and construction of new public
educational facilities and the expansion of existing facilities shall be permitted based upon
a finding that the proposal is consistent with applicable goals, objectives, and policies of the
Comprehensive Plan, and is compatible with adjacent land uses and development patterns.
In addition to Goal Area D above, there are a number of objectives and policies which
support public educational facilities in residential zoning districts. State Statutes 235.193
requires coordination between School Boards and local governing bodies to ensure that
plans for the construction and opening of public educational facilities are facilitated and
coordinated in time and place with plans for residential development, concurrently with
other services. Further, local governing bodies may not deny a proposal, but may impose
reasonable development standards and conditions. Given the above, it is more appropriate
to allow public educational facilities as a permitted use. Construction of public schools are
subject to the Florida Department of Education's "State Requirements for Educational
Facilities", which are development standards for public schools.
As previously discussed, at its June 4th meeting, the City Commission reviewed the text
amendment and felt that the reference excluding charter schools should be removed and
that the Rural Residential (RR) zoning district should not have been omitted. The
Commission directed staff to make the appropriate changes.
The text amendment has been amended to read: "Public educational facilities of the School
District of Palm Beach County"; and includes public educational facilities as a permitted use
in not only the Rural Residential (RR), but also the Mobile Home (MH) and Agriculture (A)
zoning districts. The Mobile Home and Agricultural categories have been added as the
Comprehensive Plan refers to these as residential zoning districts. This text amendment
also modifies the CF zoning district regulations to allow educational facilities as a permitted
use,
The definition of residential districts in the Land Development Regulations is being modified
to be consistent with the City's Comprehensive Plan. This modification adds Rural
Residential, Mobile Home, and Agriculture as zoning districts, which are classified as
residential. The proposed supplemental regulations are provided to address concerns
related to schools on small lots, where vehicle stacking, parking and setbacks may be a
concern. These regulations will replace the current LDR Section 4.3.3(HH), which have
been incorporated into proposed LDR Section 4.3.3(HHH) pertaining to private schools,
Planning and Zoning Board Memorandum Staff Report
LDR Text Amendment- Public Educational Facilities in Residential Zoning Districts
Page 5
and are scheduled for second reading/adoption at the June 18th City Commission meeting.
In addition, this amendment clarifies that private schools are allowed as a conditional use in
certain residential zoning districts (R-ls, RL, and RM) and adds "Private Schools and Other
Similar Educational Facilities" as a conditional use in the PRD (Planned Residential
Development) zoning district, to obtain consistency with the other residential districts that
allow conditional uses. The proposed regulations now before the Planning and Zoning
Board include loading/stacking, landscape, and parking requirements, a minimum lot size,
and compliance with Chapter 235 of Florida Statutes and the State Requirements for
Educational Facilities.
Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon
a finding that the amendment is consistent with and furthers the Goals, Objectives, and
Policies of the Comprehensive Plan. This amendment clearly is consistent with and
furthers the Goals, Objectives, and Policies of the City's Comprehensive Plan.
Other Policies:
At the June 4, 2002 City Commission meeting, a member of the public spoke in opposition
to the changes and felt that there are policies of the Comprehensive Plan which did not
support the proposed amendment to the Land Development Regulations. These policies
are discussed below.
Future Land Use Element Policy A-1 - Future proposals to establish regional public
facilities shall be supported by data which demonstrates that the loss of property tax
revenue and other negative impacts will be offset by mitigating measures which may
include, but are no limited to: payment of fees, creation of significant numbers of local jobs,
and measures to control odors, noise, traffic, and other potential impacts on the
surrounding communities. If the approving body determines that the negative impact of a
particular facility cannot be substantially offset by mitigating measures, the application shall
be denied.
This policy was adopted in 1997 in response to the EAR (Evaluation and Appraisal Report)
of the City's Comprehensive Plan, which occurred in 1996. The policy was created as a
result of a proposal by the Solid Waste Authority to construct a transfer station for
recyclables on Congress Avenue for the south Palm Beach County area. In the Analysis
section of the Future Land Use Element there is a discussion that the City is a strategic
location for regional public and semi-public facilities as the City is centrally located in south
Palm Beach County (Solid Waste Authority transfer station, County courthouse, County
bus maintenance facility, County administrative offices, County mental health and drug
rehabilitation centers, etc). The paragraph goes on to state that the City has assumed the
burden for these services facilities in the south Palm Beach county area, and is not
obligated to accommodate additional facilities. The context of this policy cleady relates to
regional facilities that service the south Palm Beach County area, and does not relate in
any way to schools.
Planning and Zoning Board Memorandum Staff Report
LDR Text Amendment - Public Educational Facilities in Residential Zoning Districts
Page 6
Description of Low Density and Medium Density Future Land Use Map designations:
Low Density: This designation is applied to land which is developed, or is to be
developed, at a density of five units per acre or less. Such land is usually developed for
single family purposes although mixed residential uses may occur under a planned
residential zoning district. Home ownership is characteristic of this designation. Where this
designation exists, uses other than Iow density residential shall not be considered.
Medium Density: This designation is applied to land which is developed, or is to be
developed, at a density between five and twelve units per acre. Such land is usually
developed in planned communities or exists in older areas where there are duplexes and
condominiums. Home ownership is characteristic of this designation. Where this
designation exists, uses other than those which are residential in character shall not be
considered.
The majority of the corresponding residential zoning districts currently allow other uses
such as churches, child care facilities, and educational facilities, while others allow
substance abuse treatment facilities and assisted living facilities. Inclusion of public
educational facilities as a permitted use into residential zoning districts is probably more
appropriate than other uses currently allowed. Schools are typically located in residential
areas as is evident with the majority of schools in Delray Beach. There are policies at the
local, state and national level which focus on neighborhood schools.
Housing Element Objective A-14 - The City recognizes that the condition and operation
of its schools has a direct bearing on the stability of its neighborhoods. A poorly
maintained physical plant can have a blighting influence on a surrounding neighborhood,
and a school with poor educational performance can have a depreciating impact on
property values of homes located with the district. The City will continue its efforts to
upgrade and improve schools located within its boundaries.
Housing Element Policy A-14.1 - The future of the public schools located in rehabilitation
and revitalization areas (Atlantic High, Plumosa Elementary, Spady Elementary, and Pine
Grove elementary) is vital to the future of the associated neighborhoods. The City will
continue to lobby the Palm Beach County School District to provide investment in physical
improvements, staffing, and curriculum in order to have these facilities be assets to the
neighborhoods
Housing Element Objective A-4- For those areas identified as needing "stabilization" on
the residential Neighborhood Categorization Map", the City shall take measures to prevent
further decline, and to help move the neighborhood toward a classification of "stable".
These objectives and policies acknowledge that poorly maintained school facilities can
have a negative impact on adjacent uses. However, conversely, a well-maintained facility
will add to the stability of neighborhoods and these policies affirm the City's commitment to
assure that adequate resources to upgrade and improve school facilities are provided.
Planning and Zoning Board Memorandum Staff Report
LDR Text Amendment- Public Educational Facilities in Residential Zoning Districts
Page 7
RECOMMENDED ACTION
By motion, recommend to the City Commission approval of an amendment to the Land
Development Regulations to add "Public Educational Facilities of the School District of
Palm Beach County" as a permitted use in residential and Community Facilities (CF)
zoning districts; Section 4.3.3 adding supplemental regulations for Public Educational
Facilities; modifying the definition of Residential Zoning Districts; renaming Educational
Facilities and clarifying that Private Schools and Other Similar Educational Facilities are
conditional uses in certain Residential Zoning Districts; and adding "Private Schools and
Other Similar Educational Facilities" as a conditional use in the PRD (Planned Residential
Development) zoning district, based upon a positive finding with LDR Section 2.4.5(M)(5),
that the text amendment is consistent with and furthers the Goals, Objectives and Policies
of the City's Comprehensive Plan.
Attachments: LDR Proposed Amendment
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM # \~-) ~>. REGUI..M! MEETING OF JULY 16, 2002
ORDINANCE NO. 2S-02 (AMENDING FUTURE LAND USE MAP)
JULY 12, 2002
This ordinance is before Commission for second reading to amend the Future Land Use Map (small
scale) from CMR (Commerce) in pan and GC (General Commercial) in part to CMR (Commerce)
and rezoning from MIC (Mixed Industrial and Commercial) in part and GC (General Commercial) in
part to MIC (Mixed Industrial and Commercial) for a 1.80 acre parcel of land located at the northwest
comer of West Atlantic Avenue and Interstate-95 known as Depot Square Historic Site (former train
station - 80 Depot Avenue). The building was constructed in 1926 and is currently the office of an
interior decorator and furniture repair.
A companion conditional use request has been submitted to allow the usage of the northern portion
of the building as a monument and ornamental stone cutting and polishing business including
outdoor storage on the northeast side of the property. The interior decorator and furniture repair will
continue to utilize the southern portion.
On June 5, 2002, The Historic Preservation Board considered this request and expressed concerns
with respect to the adverse impacts the outdoor storage would have on the historic structure and feels
this use is not compatible with the historic nature of the building.
The Planning and Zoning Board held a public hearing in conjunction with the request, and no one
from the public spoke. After discussing this proposal, the Board unanimously voted to recommend
that the request be approved. At the first reading on July 2, 2002, The City Commission passed
Ordinance No. 25-02 unanimously.
At this time, the applicant has requested that the second reading of this ordinance be postponed to a
date certain of August 6, 2002.
S:\City Clerk\chevell¢ folder\agenda memo~\Ord.25.0~-07 16 02
Deiray Showroom
137 £. At]antic Ave.
Delray Beach, FL 33444
Tel (561) 243-1609
Fax (561) 276-1~97
MARKET PLACE
Factory
SO Depot Ave.
Delray Beach, FL 33444
Tel (561) 243-1152
Fax (561) 243-3741
Abacoa Showroom
1209 Main St. Ste 116
Jupiter, FL 334~
Te~ (561) 826-~1
Fax (561) 626-~511
July 8, 2002
Paul Doriing
Delray Beach Planning & Zoning
lO0 NW 1= Avenue
Delray Beach, Florida 33~.~I
Via Fax - 561-243-7221
RE: 80 Depot Avenue
Dear Paul,
I thank you and your staff for all their assistance in getting a zoning change. At
this time, because of a possible change in use as per our existing zoning, I would
like to ask that you put off the final hearing until the August meeting.
Thank you,
Aido Conlgliaro, President
~r & More Market~lace
R EC,~',,.,'E D
JUL 0 8 20O2
PLAt~ii",t!i~lu & ./UNING
TO:
THRU:
FROM:
SUBJECT:
DAVID T. H~IE~.~,~c~M~AGER
PAUL DORLING, DIRECTO/R~F PLANNING AND ZONING
SCOTT D. PAPE, SENIOR~'JPLANNER ~ ~~
MEETING OF JULY 16, 2002
CONDITIONAL USE REQUEST TO ESTABLISH A MONUMENT AND ORNAMENTAL
STONE CUTTING FACILITY (NATURAL STONE FABRICATION) LOCATED AT THE
NORTHWEST CORNER OF INTERSTATE HIGHWAY 95 AND WEST ATLANTIC
AVENUE (80 DEPOT ROAD - HISTORIC TRAIN DEPOT).
The property is 1.80 acres, and contains the 8,593 sq. ft. train depot which was listed in the National
Register of Historic Places in September, 1986 and in the Local Register of Historic Places in October,
1988. The building was constructed in 1926 and has been used as an office for an interior decorator and
furniture repair, which are permitted uses in the proposed MIC zoning district.
An application has been submitted to change the FLUM designation from General Commemial to
Commerce and a rezoning from GC (General Commercial) to MIC (Mixed Industrial and Commercial)
and have been processed concurrently with the subject conditional use. These designation changes are
necessary as the proposed conditional use is not allowed in the commercial designations. At its meeting
of June 17, 2002, the Planning and Zoning Board recommended approval of the proposed FLUM
amendment and Rezoning.
The applicant proposes to occupy 7,200 square feet of the train depot (northern portion) with a stone
cuffing business. The use will include outdoor storage along the northeast side of the property. The
hours of operation will be 7:00 a.m. to 3:30 p.m. Monday through Saturday and will employee 8 persons.
The Historic Preservation Board considered this request on June 5, 2002 and expressed concerns with
respect to the adverse impacts the outdoor storage would have on the historic structure. The Board felt
that this type of use was not compatible with the historic nature of the building and had particular concern
with the outside storage component.
At its meeting of June 17, 2002, the Planning and Zoning Board held a public hearing in conjunction with
the Conditional Use request and no one from the public spoke. After discussing the proposal, the Board
unanimously voted to recommend approval of the Monument and ornamental stone cutting facility
subject to the conditions in the attached staff report.
Approve the Conditional Use request to establish a Monument and ornamental stone cutting facility
for Natural Stone Fabrication, based upon positive findings with respect to Chapter 3 (Performance
Standards), Section 2.4.5(E)(5) (Conditional Use Findings), and the policies of the Comprehensive Plan,
subject to the conditions contained in the attached staff report.
Attachment: P&Z Staff Report and Documentation of June 17, 2002
OKDINANCE NO. 25-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DI=.I.RAY BEACH, FLORIDA, AMENDING THE
FUTURE LAND USE MAP DESIGNATION AS
CONTAINED IN THE COMPREHENSIVE PLAN FROM
CMR (COMMERCE) IN PART AND GC (GENERAL
COMMERCIAL) IN PART TO CMR (COMMERCE)
ELECTING TO PROCEED UNDER THE SINGLE
HEARING ADOPTION PROCESS FOR SMALL SCALE
LAND USE PLAN AMENDMENTS; AND REZONING
AND PLACING LAND PRESENTLY ZONED GC
(GENERAL COMMERCIAL) DISTRICT AND MIC (MIXED
INDUSTRIAL AND COMMERCIAL) DISTRICT TO MIC
(MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT;
SAID LAND BEING A PARCEL OF LAND LOCATED ON
THE NORTHWEST CORNER OF WEST ATLANTIC
AVENUE AND INTERSTATE-95 (FORMER TRAIN
STATION DEPOT), AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, FEBRUARY, 2002";
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, The Atlantic Group Holdings, Corp., is the fee simple owner of a 1.80 acre
parcel of land located on the northwest comer of West Atlantic Avenue and Interstate-95 (former
train station depot); and
WHEREAS, the subject property hereinafter described has an existing Future Land Use
Map CMR (Commerce) in part and GC (General Commercial) in part; and
WHEREAS, the owner of the property requested to change the Future Land Use Map
designation from CMR (Commerce) in part and GC (General Commercial) in part to CMR
(Commerce); and
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated February, 2002, as being zoned Ge (General Commercial)
District and MIC (Mixed Industrial and Commercial) District; and
WHEREAS, at its meeting of June 17, 2002, the Planning and Zoning Board for the City of
Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 5 to 0 to
recommend that the property hereinafter described be rezoned, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Future Land Use Map designation of the subject property is hereby
officially affixed as CMR (Commerce).
Section 2. That the City of Delray Beach elects to make this small scale amendment by
having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 3. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of MIC (Mixed Industrial and Commercial)
District for the following described property:
See Exhibit A attached hereto and made a part hereof.
Section 4. That the Planning and Zoning DLrector of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Deltay Beach, Florida, to conform
with the provisions of Section 3 hereof.
Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 6. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 7. That this ordinance shall become effective as follows: thirty-one (31) days after
adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged,
the effective date of this amendment shall be the date a final order is issued by the Departiixent of
Community Affairs, or the Administration Commission, finding the amendment in compliance with
Section 163.3184, F.S. No development orders, development permits, or land uses dependent on
this amendment may be issued or commence before it has become effective. If a final order of
noncompliance is issued by the Administration Commission, this amendment may nevertheless be
made effective by adoption of a resolution affirming its effective status, a copy of which resolution
shall be sent to the Deparixixent of Community Affairs, Bureau of Local Planning, 2740 Centerview
Drive, Tallahassee, Florida 32399-2100.
2 ORD. NO. 25-02
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,2002.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
3 ORD. NO. 25-02
EXHIBIT "A" TO ORDINANCE NO. 25-02
PARCEL 1
A parcel of land lying in Section 18, Township 46 South, Range 43 East, City of Delray Beach, Palm
Beach County, Florida, said parcel being more particularly described as follows:
Commencing at the Northeast comer of said Section 18; Thence with a bearing of South 00° 30' 00"
East, along the East line of Section 18, a distance of 690.00 feet to a point; thence with a bearing of
South 89° 30' 00" West, a distance of 264.00 feet to a point; thence with a bearing of South 00° 30'
00" East, along a line 264.00 feet West of and parallel to the East line of Section 18, a distance of
1,280.24 feet to a point; thence with a beating of South 32° 53' 57" West, a distance of 43.58 feet to
a point of curvature; thence with a curve to the left, having a radius of 632.00 feet, an arc length of
215.00 feet to the Point of Beginning: thence with a bearing of South 07° 50' 46" West, a distance of
399.94 feet to a point; thence with a beating of South 22° 58' 54" West, a distance of 81.05 feet to a
point; thence with a bearing of South 81° 46' 47" West, a distance of 17.99 feet to a point; thence
with a bearing of North 00° 30' 00" West, a distance of 629.54 feet to a point; thence with a beating
of North 89° 30' 00" East, a distance of 97.15 feet to a point; thence with a curve concave to the
West, having an initial tangent bearing of South 07° 04' 59" East, a radius of 541.40 feet, a central
angle of 16° 21' 56", an arc length of 154.64 feet to a point; thence with a bearing of South 79° 19'
23" East, a distance of 15.62 feet, more or less, to the Point of Beginning.
PARCEL 2
A parcel of land lying in Section 18, Township 46 South, Range 43 East, City of Delray Beach, Palm
Beach County, Florida, said parcel being more partio~hrly described as follows:
Commencing at the Northeast comer of said Section 18, thence with a bearing of South 00° 30' 00"
East, along the East line of Section 18, a distance of 690.00 feet to a point; thence with a bearing of
South 89° 30' 00" West, a distance of 264.00 feet to a point; thence with a bearing of South 00° 30'
00" East, along a line lying 264.00 feet West of and parallel to the East line of Section 18, a distance
of 670.10 feet to a point; thence with a bearing of North 89° 17' 11" West, a distance of 172.85 feet
to a point; thence with a bearing of North 89° 16' 05" West, a distance of 30.00 feet to a point;
thence with a bearing of South 00° 30' 00" East, a distance of 549.97 feet to the Point of Beginning;
thence with a bearing of South 89° 16' 05" East, a distance of 51.99 feet to a point; thence with a
bearing of South 13° 30' 39" East, a distance of 83.23 feet to a point; thence with a curve concave
to the Southwest, having an initial tangent bearing of South 14° 33' 49" East, a radius of 541.40 feet,
a central angle of 06° 11' 07", an arc length of 58.45 feet to a point; thence with a bearing of South
89* 30' 00" West, a distance of 97.11 feet to a point; thence with a bearing of North 00° 30' 00"
West, a distance of 139.89 feet to a point; thence with a beating of South 89° 16' 05" East, a distance
of 15.28 feet more or less, to the Point of Beginning.
PARCEL
A parcel of land lying in Section 18, Township 46 South, Range 43 East, City of Delray Beach, Palm
Beach County, Florida said parcel being more particularly described as follows:
Commencing at the Northeast comer of Section 18; thence with a bearing of South 00° 30' 00"
East, along the East line of said Section 18, a distance of 690 feet to a point; thence with a bearing
of South 89° 30' 00" West, a distance of 264.00 feet to a point; thence with a bearing of South 00°
30' 00" East, along a line lying 264.00 feet West of and parallel to the East line of Section 18, a
distance of 670.10 feet to a point; thence with a beating of North 89° 17' 11" West, a distance of
172.85 feet to the Point of Beginning; thence with a beating of South 00° 30' 00" East, a distance of
453.54 feet to a point; thence with a curve concave to the East, having an initial bearing of South
02° 56' 43" East, a radius of 25.00 feet, a central angle of 13° 07' 13", an arc length of 5.72 feet to a
point; thence with a beating of South 13° 30' 39" East, a distance of 93.70 feet to a point; thence
with a beating of North 89° 16' 05" West, a distance of 51.99 feet to a point; thence with a beating
of North 00° 30' 00" West, a distance of 549.97 feet to a point; thence with a bearing of South 89°
16' 05" East, a distance of 30.00 feet, more or less, to the Point of Beginning.
Subject to a 16 foot Railroad track easement for railroad purposes, being more particularly described
as follows: Commencing at the Northeast comer of said Section 18; thence with a bearing of South
00° 30' 00" East, along the East line of Section 18, a distance of 690.00 feet to a point; thence with a
bearing of South 89° 30' 00" West, a distance of 264.00 feet to a point; Thence with a bearing of
South 00° 30' 00" East, along a line lying 264.00 feet West of and parallel to the East line of Section
8, a distance of 670.10 feet to a point; thence with a bearing of North 89* 17' 11" West, a distance of
172.85 feet to a point; thence with a beating of South 00° 30' 00" East, a distance of 222.16 feet to
the Point of beginning of the boundary of 16 foot track easement; thence with a beating of South
00° 30' 00" East, a distance of 39.70 feet to a point; thence with a curve concave to the Northeast,
having an initial tangent bearing of North 25° 23' 41" West, a radius of 924.65 feet, a central angle
of 04° 51' 58", an arc length of 78.53 feet to a point; thence with a beating of North 00' 30' 00"
West, a distance of 50.31 feet to a point; thence with a curve concave to the northeast, having an
initial tangent bearing of South 17° 32' 49" East, a radius of 908.65 feet, a central angle of 05* 34'
34" East, an arc length of 88.43 feet, more or less, to the Point of Beginning
Also subject to an easement of ingress and egress over the roadway located on the hereinabove
described Parcels 2 and 3 for the purpose of access to the team track West of said property, for so
long as said tracks remain in place. And there is further reserved to Amtrak and the public, an
easement on ingress and egress over said roadway for the purpose of access to the present Amtrak
facility located thereon.
2 ORD. NO. 25-02
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH --- STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
June 17, 2002
IV. E.
Conditional Use Request to Allow the Establishment of a Monument and Ornamental
Stone Cutting Facility For Natural Stone Fabrication, Located at the Northwest Corner
of West Atlantic Avenue and Interstate-95 (Former Train Station Depot).
GENERAL DATA:
Owner/Applicant/Agent .....
Location ..........................
Property Size ..................
Existing FLUM ................
Proposed FLUM .............
Current Zoning ................
Proposed Zoning .............
Adjacent Zoning ....North:
East:
South:
West:
Existing Land Use ...........
Proposed Land Use ........
Water Service .................
Sewer Service .................
The Atlantic Group Holdings,
Corp.
Northwest Comer of West
Atlantic Avenue and
Interstate-95 (Former
Train Station Depot).
1.80 Acres
GC (General Commercial) &
CMR (Commerce)
CMR (Commerce)
GC (General
Commercial) & MIC (Mixed
Industrial and Commercial)
MIC (Mixed Industrial and
Commercial)
I (Industrial)
MIC (Mixed Industrial and
Commercial) & R-1-A (Single
from Interstate-95)
CD (Conservation District-
Across from West Atlantic
Avenue).
MIC (Mixed Industrial and
Commercial)
Office Buildings
Monument and stone
cutting facility with
attendant showroom.
Existing on site.
Existing septic tank on
site, with drainage field at the
southernmost end of
property.
CO~DO
** IV.E.
The action before the Board is making a recommendation to the City
Commission on a request for Conditional Use approval to establish a
Monumental and ornamental stone cutting use for Natural Stone
Fabrication, pursuaht to Section 2.4.5(E).
The subject property is located at the northwest corner of Interstate
Highway 95 and West Atlantic Avenue (80 Depot Avenue).
The property is 1.80 acres, and the property contains the 8,593 sq. ft. train depot which
was listed in the National Register of Historic Places in September, 1986 and in the
Local Register of Historic Places in October, 1988. The building was constructed in
1926 and has been used as an office for an interior decorator and furniture repair,
which are permitted uses in the proposed MIC zoning district.
At its meeting of November 25, 1986 the City Commission approved a Future Land Use
Map Amendment from Industrial to Commercial and a Rezoning from MI (Medium
Industrial) to GC (General Commercial). These were privately initiated applications by
the owner of the property. The applicant indicated that change to commercial
designations from industrial were appropriate since the use of the property by AMTRAK
had ended and that the property was appropriately sited for office and retail uses.
These proposed changes were requested despite the lack of access to West Atlantic
Avenue.
In 1988, site plan approval was requested for the conversion of the 8,593 sq. ft. train
station to offices and associated additions to accommodate approximatelY 11,000 sq. ft.
the Historic Preservation Board provided direction to address comments, however the
applicant did not re-submit and the file closed.
An application has been submitted to use the northern portion of the building as a
monument and ornamental stone cutting and polishing business and is now before the
Board for action.
The conditional use request to establish a Monumen~ and ornamental stone cutting use.
The development proposal includes the following:
Conversion of 7,200 square feet of the train depot (north portion) to a monument
and ornamental stone cutting use. The use involves the cutting and polishing of
granite and marble slabs, which will occur within the existing building;
Designation of an Outdoor storage area along the northeast side of the property.
The applicant proposes no exterior upgrades including landscaping, parking, dumpster
enclosures or screening of outdoor storage areas. The hours of operation will be 7:00
P & Z Board Staff Report
Natural Stone Fabrication - Conditional Use Request for Monument and Ornamental Stone
Cutting
Page 2
a.m. to 3:30 p.m., Monday through Sunday. The proposed stone cutting business will
employee 8 persons.
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 consistency with the Future
Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance
with the Land Development Regulations.
With the FLUM amendment to CMR (Commerce) and rezoning to MIC (Mixed Industrial
and Commercial), positive findings were made with respect to Concurrency,
Comprehensive Plan Consistency and Future Land Use Map Consistency. These
findings and Compliance with Land Development Regulations are discussed below.
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 GC (General Commercial) in part and CMR (Commerce) in
part Future Land Use Map (FLUM) designations and is currently zoned GC (General
Commercial) in part and MIC (Mixed Industrial and Commercial) in part. Applications
have been submitted to change the FLUM designations to CMR and rezone the
property to MIC. The proposed MIC zoning is consistent with the CMR-land use
designation. The proposal is to convert a portion of the property for a monument and
ornamental stone cutting business. The remainder of the building will be occupied by
the existing interior decorator office and furniture repair business. These are allowed
uses in the MIC zoning district. Pursuant to the LDR Section 4.4.19(D)(2), within the
MIC zone district monumental and ornamental stone cutting is allowed as a conditional
use. Based upon the above, a positive finding can be made with respect to consistency
with the Future Land Use Map designation.
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.
P & Z Board Staff Report
Natural Stone Fabrication - Conditional Use Request for Monument and Ornamental Stone
Cutting
Page 3
Traffic:
The applicant has submitted a traffic statement that indicates that the northern 7,200
square feet of the building utilized for an industrial use, will generate 47 average daily
trips onto the surrounding road network. The 7,200 square foot building's highest
intensity under the existing commercial land use designation may result in a maximum
of 170 trips (7,200 sq.ft./1,000x42.92-45%=170 trips). Therefore a reduction in traffic
impact is to be expected.
Water and Sewer:
ID Water service is provided to the site via an 8" water main, which is located along the
south side of the property on West Atlantic Avenue.
ID Sewer service is provided via a septic tank system. The drainage field is located
along the south side of the property.
1:3 Adequate fire suppression is provided to the site via an existing fire hydrant along
the northeast side of the building.
The Comprehensive Plan states that adequate water and sewer treatment capacity
exists to meet the adopted LOS at the City's build-out population based on the current
FLUM. Pursuant to the Public Facilities Element Policy A-1.1, existing septic tanks
which are located in sewered areas throughout the City shall be removed from use as
necessary pursuant to Florida Statutes. There are no sewer mains located adjacent to
the property or within reasonable distance to extend to the subject property. The
proposed conversion of the commercial property to industrial will decrease the demand
on all public services. Thus, a positive finding with respect to this level of service
standard can be made.
Parks and Recreation:
There will be no impact on the City's Parks and Recreation facilities system 'due to the
FLUM and Rezoning changes on the Conditional Use request.
Solid Waste:
Trash generated each year by the 7,200 square foot stone cuffing operation will be will
be 16.92 tons per year. The existing 7,200 square foot general commercial generates
26.28 tons per year. The conversion will result in a net decrease in the impact on this
level of service standard. It is anticipated that there will be environmental resource
recovery equipment required with this use by the Department of Environmental
Protection. The applicant will be required to include the location of the equipment with
the site plan modification.
Based on the above a positive finding can be made that a net reduction of the impacts
on these Levels of Service Standards will occur.
P & Z Board Staff Report ' '
Natural Stone Fabrication - Conditional Use Request for Monument and Ornamental Stone
Cutting
Page 4
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.
COMPREHENSIVE PLAN POLICIES:
Future Land Use Element Policy C-1.3 - The City shall concentrate efforts in the
heavy industrial and undeveloped areas along arterial roadways in order to
provide a better image of the community.
Such efforts should include:
Enhanced and continuous code enforcement,
Regulations which required heavy industrial uses to provide perimeter
landscaping of their sites,
Owners of vacant property shall provide a landscape appearance of their
properties.
The applicant has not submitted a conceptual plan for the subject property. A condition
of approval is attached that a site plan modification be submitted that addresses
perimeter and interior landscaping, parking area, dumpster enclosure, and outdoor
storage area improvements. These improvements will be required to address this
Policy as well as the Historic Preservation Board's concerns regarding the proposed
use at this property and specifically the outdoor storage of material. These issues are
addressed as conditions of approval in the attached Exhibit "A."
SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use)
Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of chapter 3,
the City Commission must make findings that establishing the conditional use
will not:
A. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
B. Nor that it will hinder development or redevelopment of nearby properties.
The following zoning designations and uses border the property:
Direction Zoning Uses
North MIC
West MIC
South CD
East MIC & R-1-A
Vacant
Industrial
Preserve Area
Industrial & Single Family (Across 1-95)
P & Z Board Staff Report
Natural Stone Fabrication - Conditional Use Request for Monument and Ornamental Stone
Cutting
Page 5
The proposed monumental and ornamental stone cutting business will be
compatible with the existing industrial uses to the north, east and west. There
will be several improvements that will be required such as perimeter/interior
landscaping, dumpster enclosure, parking area, and outdoor storage area
screening improvements that will be required due'to compatibility to the south,
which will be discussed in the following section.
The Historic Preservation Board considered this request on June 5, 2002 and
expressed concerns with respect to the adverse impacts the outdoor storage
would have on the historic structure. The Board felt that this type of use was not
compatible with the historic nature of the building and had particular concern with
the outside storage component.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
If the Conditional Use is approved a site plan submittal complying with the Land
Development Regulations will be required. Along with the Conditional Use
request, a survey has been submitted and reviewed by staff. Based upon staff's
review of the sketch plan and site inspections, "Technical Items" were identified
which are attached as Exhibit "A." Most of the items relate to site plan issues.
These items have been transmitted to the applicant and will need to be addressed
with the site plan modification submittal. The following regulations relate to the
proposed monument and ornamental stone cuffing facility.
Outdoor Storage:
Pursuant to LDR Section 4.6.6(C)(2), materials and equipment stored outside must be
screened from view from adjacent public rights-of-way in a manner approved by the
Historic Preservation Board. Outside storage may not be located within a required
setback area. It is not intended that sales or customer service be conducted in an area
designated for storage. The applicant has indicated that the outdoor storage of
supplies will be provided along the northeast side of the property, which is adjacent to
Interstate Highway 95. Furthermore, there is no screening provided for this storage
area. The setback along this side of the property is 25'. A condition of approval is
attached that the outdoor storage area is relocated out of the required 25' setback. It is
appropriate to relocate the outdoor storage to the north side of the building to screen it
from view from the adjacent 1-95 and West Atlantic Avenue rights-of-way. This together
with appropriate screening of the outdoor storage area should address the Historic
Preservation Board's concern. Aside from the storage of material, no other element of
the stone cutting business may be conducted outside. A condition of approval is
attached that the outside operation of the business, besides outdoor storage in a
designated area, is prohibited.
There are materials currently being stored beneath the depot canopy along the west
side of the property. This material contains no screening and is not located in an
P & Z Board Staff Report
Natural Stone Fabrication - Conditional Use Request for Monument and Ornamental Stone
Cutting
Page 6
approved outdoor storage area. With the site plan modification, this material must be
relocated to a designated outdoor storage area and appropriately screened.
Loading Area:
Pursuant to LDR Section 4.6.10, a loading area is required and must be designated.
The applicant has not indicated where the loading area will be located. A condition of
approval is attached that the location of the loading area is provided on the site plan.
Dumpster Enclosure:
Pursuant to LDR Section 4.6.16(H)(3)(n), all dumpster and refuse areas must be
screened. The property contains several dumpster located on the north side of the train
depot without any screening. A condition of approval is attached that a dumpster
enclosure is provided together with landscaping.
The subject property is not in a geographical area requiring review by the DDA
(Downtown Development Authority) and CRA (Community Redevelopment Agency).
Historic Preservation Board (HPB)
The HPB reviewed the FLUM amendment, Zoning Map change and Conditional Use at
its meeting of June 5, 2002 and recommended approval of the FLUM amendment and
Zoning Map change. The Board recognized that the CMR FLUM designation and MIC
zoning designation were appropriate for the property. However, the Board did not
support the Conditional Use request. The Board felt that the proposed monument and
ornamental stone cutting business is an inappropriate use for the train depot.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic
associations:
[3 PROD
[3 President's Council
[] United Property Owners Association
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. Letters of support and objection, if any, will be presented at the
Planning and Zoning Board meeting.
P & Z Board Staff Report
Natural Stone Fabrication - Conditional Use Request for Monument and Ornamental Stone
Cutting
Page ?
The proposed conditional use will allow for the adaptive reuse of the train depot, which
has struggled as a commercial property. There is a concern that the business be
conducted within the building and that the outdoor storage be adequately screened.
There are conditions of approval that address these issues. Additionally, a site plan
modification must be submitted that address the site specific issues. There are
conditions of approval that are attached in Exhibit "A" that address improvements for
the property such as parking, landscaping, and dumpster enclosure improvements.
Subject to these conditions of approval, the proposed monument and ornamental stone
cutting business is consistent with Chapter 3 of the Land Development Regulations and
the policies of the Comprehensive Plan. Positive findings with respect to LDR Section
2.4.5(E)(5) (Conditional Use Findings) can be made.
1. Continue with direction.
Recommend approval of the conditional use request for a Monument and
ornamental stone cutting for Natural Stone Fabrication based upon positive
findings with respect to Chapter 3 (Performance Standards) and Section
2.4.5(E)(5) (Required Findings) of the Land Development Regulations, and the
policies of the Comprehensive Plan subject to conditions.
Recommend denial of the conditional use request for a Monument and
ornamental stone cutting for Natural Stone Fabrication based upon a failure to
make positive findings with respect to Section 2.4.5(E)(5) (Conditional Use
Findings) of the Land Development Regulations, that the-proposed use will
hinder development or redevelopment of nearby properties.
Recommend to the City Commission approval of the conditional use request for a
Monument and ornamental stone cutting for Natural Stone Fabrication, based upon
positive findings with respect to Chapter 3 (Performance Standards) and Section
2.4.5(E)(5) (Required Findings) of the Land Development Regulations, and the policies
of the Comprehensive Plan subject to the following conditions:
1. That a site plan modification be submitted which addresses the 'q'echnical Items"
attached in Exhibit "A";
2. That the outdoor storage area is relocated out of the required 25' setback and
appropriately screened;
P & Z Board Staff Report
Natural Stone Fabrication - Conditional Use Request for Monument and Ornamental Stone
Cutting
Page 8
3. Aside from the storage of material, any other element of the stone cutting business
may not be conducted outside. This will include a prohibition on cutting, polishing
anywhere except inside the enclosed building;
4. That the location of the loading area is provided on the site plan;
5. Provide location of any environmental equipment and provide appropriate screening.
This equipment should not be visible from offsite;
6. That a dumpster is provided together with landscaping.
Attachments:
[3 Exhibit A
Report prepared by: Scott Pape, Senior Planner
P & Z Board Staff Report
Natural Stone Fabrication - Conditional Use Request for Monument and Ornamental Stone
Cutting
Page 9
o
10.
11.
That a site plan modification be submitted that demonstrates compliance with the
Land Development Regulations.
Pursuant to LDR Section 4.3.4(H)(6)(b)(3), a special landscape area shall be
provided along West Atlantic Avenue, which shall be the smaller distance of
either 30' or 10% of the average depth of the property. The property is
approximately 1,319' deep, therefore, a 30' special landscape setback from the
ultimate right-of-way is required along West Atlantic Avenue. A landscape plan
identifying proposed landscape material in this area is required.
That a photometric plan be provided that demonstrates compliance with LDR
Section 4.6.8.
That a revised traffic study is submitted and a letter received from the Palm
Beach County Traffic Engineering Division, which indicates that the development
proposal complies with the Palm Beach County Traffic Performance Ordinance
prior to issuance of a building permit.
A type "D" curb shall be required to buffer the landscape areas from the vehicular
areas.
That the parking area be resurfaced.
That perimeter and interior landscaping and landscape islands_ in the parking
area are provided in accordance with LDR Section 4.6.16(H)(3).
All landscape areas shall be irrigated.
That the northern 25' of the property be dedicated for Depot Avenue with Road
determined by the Development Services Management Group.
That the service utilities be placed underground per LDR Section 6.1.8.
That the unpaved portions of the adjacent rights-of-way shall be landscaped with
sod and irrigated. This includes the small portion along Atlantic Avenue.
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CITY OF' DELRAY BEACH, FL
PLANNING & ZONINGDEPARTMENT
NATURAL STONE FABRICATION
~ - AREA OF MODIFICATION
---- O/GIT, A1 ~IASE MAP SYSTEM --- MAP REF LM615
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~P~
%
AGENDA ITEM $$ \
ORDINANCE NO. 27,-02
LOCAL HISTORIC SITE)
DATE: JULY 12, 2002
- REGULAR MEETING OF JULY I6. 2002
(DESIGNATING S,E. O'NEAL HOUSE AS
This is second reading and a public hearing for Ordinance No. 27-02 which designates the S.E.
O'Neal House as a local historic site to be listed in the Local Register of Historic Places. The house is
located at 910 N.E. 2na Street on property legally described as Lots 1-3, 28 & 29, Block 10, Dell Park
Subdivision, recorded in Plat Book 8 at Page 56 of the Public Records of Palm Beach County.
Constructed in 1926 in the Mediterranean Revival architectural style, this was the home of S.E.
O'Neal, one of Delray's boom time settlers. The construction dates mn parallel to the early
settlement of nearby Dd-Ida Park Historic District and has common architectural influences of that
district as well as 1920 South Florida Mediterranean-Revival Influences.
The home is unique and architecturally sound having retained many of its features including a high-
relief door surround, barrel file roof, stucco exterior, arched fenestration, and a garage lying to the
west behind the house.
The Historic Preservation Board considered the historic designation at a public heating on June 19,
2002, and voted unanimously (7-0) to recommend approval. At first reading on July 2, 2002, the City
Commission passed Ordinance No. 27-02 by unanimous vote.
Recommend approval of Ordinance No. 27-02 on second and final reading.
S:\City Clerk\chevelle folder\agenda memos\Ord 27-02.07.16.02
TO:
THROUGH:
SUBJECT:
PAUL DORLING, DIRECTO~jqiF PLANNING AND ZONING
WENDY SHAY, HISTORIC PRESERVATION PLANNER
MEETING OF JULY 2, 2002
REQUEST FOR AN ORDINANCE TO ESTABLISH AN INDIVIDUAL HISTORIC
DESIGNATION FOR THE PROPERTY AT 9'10 NE 2"9 AVENUE INCLUDING LOTS
1-37 28~ & 29 OF BLOCK '107 LOCATED BETWEEN NE 9TM STREET AND NE 10TM
STREET ON THE WEST SIDE OF NE 2"0 AVENUE.
The proposed designation is for Lots 1-3, 28, & 29, Block 10 of the Deli Park subdivision, which
consists of a lot with a single family residence in the center of the property with vacant lots on either
side. Constructed c. 1926, the 3,057 sq. ft. structure and garage at 910 NE 2nd Avenue, located on Lot
3, is a good example of a Mediterranean-Revival style residence. Home to S.E. O'Neal, one of
Delray's boom time settlers, the structure remains architecturally sound having retained many of its
stylistic features including a high-relief door surround, barrel tile roof, smooth stucco exterior, and
arched fenestration. In addition to the house, a 400 sq. ft garage was constructed and lies to the west
(behind) of the house. The construction dates run parallel with the early settlement of nearby Del-Ida
Park Historic District and shares some common architectural influences of that district as well as the
Mediterranean-Revival influences in South Florida during the 1920s. The structure is outside the
boundaries of the five historic districts. The residence is unique and would be a good addition to the
Local Register of Historic Places as an individually listed property.
In 1987, the City of Delray Beach passed Ordinance 13-87 establishing the Historic Preservation
Board and the process for promoting and listing historically, archaeologically, and architecturally
significant sites and properties in a Local Register of Historic Places. Currently, there are five historic
districts and twenty-five individually listed properties.
During its meeting on June 5, 2002, the Historic Preservation Board set the public headng for June
19, 2002 to discuss the proposed designation and provide a recommendation to the City Commission
for the individual historic property listing. On June 19, 2002, the Board unanimously (7-0) approved
the recommendation to the City Commission to list the O'Neal House in the Local Register of Historic
Places. Public comment during this meeting was in favor of the designation.
The residence at 910 NE 2nd Street, built c. 1926 as a single-family residence is being considered for
listing in the Local Register of Historic Places for historical significance under the criteria listed in LDR
Section 4.5.1(B)(2)(a) as the residence of one of Delray's early residents, politically and socially active
in the community. The dwelling can also be designated under the criteria listed in LDR Section
4.5.1(C)(3)(a) and (b) as the structure is architecturally significant for its unique interpretation of a
Mediterranean-Revival style structure and for its representation of architectural development in Delray
Beach and South Florida in the 1920s. If approved, waivers will be requested from the Historic
Preservation Board to allow construction of two single family houses on the balance of the property.
Approve Ordinance 27-02.
ORDINANCE NO. 27-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, DESIGNATING
THE O'NEAL HOUSE, LOCATED AT 910 N.E. 2ND
AVENUE, AS MORE PARTICULARLY DESCRIBED
HEREIN, AS A LOCAL HISTORIC SITE TO BE LISTED IN
THE LOCAL REGISTER OF HISTORIC PLACES;
PROVIDING FOR THE AMENDMENT OF THE "ZONING
MAP OF DELRAY BEACH, FLORIDA, 2002" TO SHOW
THE HISTORIC DESIGNATION IN AN OVERLAY
MANNER; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, Section 4.5.1 of the Land Development Regulations of the Code of Ordinances
of the City of Delray Beach provides for the designation and protection of historic sites; and
WHEREAS, a designation report was prepared for the O'Neal House located at 910 N.E.
2nd Avenue; and
WHEREAS, the Historic Preservation Board of the City of Delray Beach held a duly
noticed public hearing in regard to the historic designation on June 19, 2002, and voted unanimously
to recommend that the O'Neal House be designated a local historic site; and
WHEREAS, the City Commission of the City of Delray Beach has conducted a duly noticed
public hearing in regard to the designation of the O'Neal House as a local historic site.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOIJ.OWS:
Section 1. That the following described property in the City of Delray Beach, Florida, is
hereby designated as a local historic site in accordance with and under the provisions of Section
4.5.1 of the Land Development Regulations of the City of Delray Beach, Florida, to-wit:
THE O'NEAL HOUSE, located at 910 N.E. 2nd Avenue, Delray Beach, Florida,
more particularly described as follows:
Lots 1, 2, 3, 28 and 29, Block 10, Dell Park, Delray Beach, Palm Beach County,
Florida, according to the Plat thereof, recorded in Plat Book 8 at Page 56 of the
Public Records of Palm Beach County, Florida.
Section 2. That the Planning Director of said City shall, upon the effective date of this
ordinance, amend the "Zoning Map of the City of Delray Beach, Florida, 2002" to show the historic
designation, in an overlay manner.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 4. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 5. That this ordinance shall become effective immediately upon passage on second
and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ~ 2002.
ATYEST
MAYOR
City Clerk
First Reading
Second Reading
2 ORD. NO. 27-02
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM XD~). REGULAR MEETING IULY 16, 2002
ORDINANCE NO. 28-02 {AMENDING ORDINANCE NO. 70-89)
DATE: JULY 12, 2002
This is second reading and a public heating for Ordinance No. 28-02 amending 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) 0ying 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 0) lie on the west
side of Ocean Boulevard (610 North Ocean Boulevard) between North Ocean Boulevard and
Andrews Avenue. Lot one (1) located on the east side of Ocean Boulevard contains a 2,400 square
foot home.
The proposal is to amend Section 2, "Requirements of Designation" of Ordinance No. 70-89 to
increase the square footage of the building from the maximum 2,400 square feet of gross floor area to
2,650 square feet of gross floor area to allow the enclosure of a 250 square foot porch.
The Historic Preservation Board considered the request at a public hearing on June 19, 2002, and
voted unanimously (7-0) to recommend approval. At first reading on July 2, 2002, the City
Commission passed Ordinance No. 28-02 by unanimous vote.
Recommend approval of Ordinance No. 28-02 on second and final reading.
S:\C~ty Clerk\chevcBe folder\agenda memos\Ord.28 0Z07.16.02 amenchng Ord 70-89doc
TO:
THROUGH:
FROM:
SUBJECT:
PAUL DORLING, DI~CTOR OF PLANNING AND ZONING
WENDY SHAY, HISTORIC PRESERVATION PLANNER
MEETING OF JULY 2, 2002
REQUEST FOR AN AMENDMENT TO ORDINANCE 70-89 TO ENCLOSE A 250 SQ.
FT. BALCONY INVOLVING A PARCEL OF LAND LOCATED AT 610 & 615 NORTH
OCEAN BOULEVARD~ APPROXIMATELY 900' SOUTH OF GEORGE BUSH
BOULEVARD BETWEEN ANDREWS AVENUE AND THE ATLANTIC OCEAN; AN
INDIVIDUALLY LISTED HISTORIC PROPERTY.
The Fontaine Fox historic designation contains approximately 2.5 acres of land and consists of Lots 1,
2 and 3 of the Ocean Apple Estates Plat and the south 10' of Lot 3 (lying east of A1A) of the Palm
Beach Shore Acres plat. The properties are located approximately 900' south of George Bush
Boulevard between Andrews Avenue and the Atlantic Ocean. Lot 1 is on the east side of Ocean Blvd.
(615 N. Ocean Blvd.) while lots 2 and 3 are on the west side of Ocean Blvd (610 N. Ocean Blvd.),
between N. Ocean Boulevard and Andrews Avenue. The lot on the east side of North Ocean
Boulevard, (Lot 1) contains a modern 2,400 square foot home, which was constructed in 1992.
The Historic Preservation Board recommended approval of Ordinance 70-89 (Fontaine Fox historic
designation) to the City Commission on September 20, 1989 with the stipulations that on Lot 1, the
oceanfront lot, one dwelling unit of no more than 2,400 square feet could be built and that the entire
Fontaine Fox site be subdivided into no more than three lots for no more than three dwelling units
(one house per lot). The Ordinance was adopted by the City of Delray Beach on October 24, 1989. In
conjunction with the designation, the beachfront lot (Lot 1) received a variance to allow for a lot that
did not comply with the minimum lot area and side building setback requirements of the R-l-AAA
zoning district. The gross lot size was reduced from 12,500 sq. ft. to 8,042 sq. ft. and the side
setbacks reduced from 12' to 5'.
A request to amend Ordinance 70-89 was submitted in June 1992 which proposed an 850 square foot
addition to the gross floor area for the single family home to be constructed on Lot 1 (615 N. Ocean
Boulevard). This amendment would have allowed a dwelling unit of 3,250 gross square feet as
opposed to the 2,400 square foot restriction as imposed by the Ordinance. Upon review of the
request, the Historic Preservation Board recommended approval of the amendment to the City
Commission at its meeting on October 27, 1992. The amendment request was denied by the City
Commission during its meeting on October 27, 1992. The Commission felt that the increase of 850 sq.
ft. was not appropriate due to the alteration of the footprint's impact on the surrounding properties.
On June 19, 2002, the Historic Preservation Board considered the current request and unanimously
recommended approval (7-0) to the City Commission to increase the square footage of the building
from 2,400 sq. ft. to 2,650 sq. ft. There was no public comment regarding this project. Two letters of
support by owners of neighboring property were read into record.
The 250 sq. ft. balcony enclosure will include the demolition of the northeast corner wall on the first
floor on the seaward side and the removal of the existing sliding glass doors. The enclosure will be
completed with the construction of new walls and the installation of impact resistant windows and
City Commission Documentation
Meeting of July 2, 2002
Fontaine Fox Historic Property
Page 2
glass doors to match the extant fenestration. Sidelights will also be added to the doors of the first floor
master bedroom. The first floor window (at the bathroom) will be relocated from the west elevation to
the north.
As there is no change to the building's footprint and the increase in square footage does not
detrimentally affect the historic structure on the west side of North Ocean Boulevard, staff supports
the Board's recommendation to amend Ordinance 70-89 to increase the gross floor area from 2,400
sq. ft. to 2,650 sq. ft.
Approve Ordinance 28-02.
ORDINANCE NO. 28-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
ORDINANCE NO. 70-89 BY AMENDING SECTION 2,
"REQUIREMENT OF DESIGNATION" TO INCREASE
THE MAXIMUM FLOOR AREA FROM 2,400 SQUARE
FEET TO 2,650 SQUARE FEET FOR THE DWEI.I,ING
UNIT WHICH LIES EAST OF STATE ROAD A-1-A (615 N.
OCEAN BOULEVARD); PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, Ordinance No. 70-89 was passed and adopted in regular session on second and
final reading on October 24, 1989; and
WHEREAS, on June 19, 2002, the Historic Preservation Board of the City of Delray Beach
recommended 7 to 0 that Ordinance 70-89 be amended to increase the maximum floor area for the
property which lies east of State Road A-1-A (615 N. Ocean Boulevard) from 2,400 square feet to
2,650 square feet for the enclosure of a 250 square foot porch.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOIJ.OWS:
Section 1. That Section 2, "Requirements of Designation" of Ordinance 70-89 be amended
to read as follows:
Section 2. Requirements of Designation.
Notwithstanding any provision of the City Code of the City of Delray Beach and
any other provision of this Ordinance, the following requirements shall apply to the use and
development of the Fontaine Fox Historic Site:
1) no more than three 0) dwelling units shall be used and developed within the
boundaries of the Fontaine Fox Historic 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 '~u.c.-,;aana.. and
.......... v-, 'vw two thousand six hundred fiftw. (2.650~. . square feet of gross floor area.
Section 2. That all ordinances or parts of ordinances in express conflict herewith be, and the
same are hereby repealed, provided, however, aH other terms and provisions of Ordinance No. 70-
89 shah remain in full force and effect.
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 this ordinance shall become effective immediately upon passage on second
and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ., 2002.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
2 ORD. NO. 28-02
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CITY OF' DEl..RAY BEACH, FL
PLANNING & ZONING DEPARIMENT
SUBJECT PROPERTY
615 N. OCEAN BOULEVARD
BOUNDARY OF THE FONTAINE FOX HOUSE HISTORIC SITE - 4'
--- D/G/1/IL ~4~,E li~,4P SYSTEI~ ---- MAP REF LM585
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CITY COMMISSION DocuMENTATION
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TO:
THRU:
FROM
SUBJECT:
DAVID T. HARDEN
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DAN MARFINO, PRINCIPAL PLANNER~V~
MEETING OF JULY 16, 2002 FIRST READING AND TRANSMITTAL OF
COMPREHENSIVE PLAN AMENDMENT 2002-1 (02-1)
BACKGROUND
The City Commission initiated Comprehensive Plan Amendment 02-1 on April 16, 2002.
One City initiated Future Land Use Map Amendment, the Enclave PUD, has been
removed from this amendment. In addition, the sole privately initiated Future Land Use
Map Amendment for a parcel located on Venetian Drive has been removed, and is
being processed as a small scale amendment. The remaining items in the Plan
Amendment consist of two City Initiated Future Land Use Map amendments, numerous
text changes, and table updates.
PL~N'i~i'iNG &
cONSIDER~¥rON
,I
The Planning and Zoning Board held its public hearing regarding the amendment on
May 20, 2002. During the Public Hearing, John Bennett, President of PROD,
questioned why the term "village by the sea", was being removed from Future Land
Element Policy C-4.2. After discussion, the Board unanimously (6-0) recommended the
City Commission approve the amendment on first reading and transmit Comprehensive
Plan Amendment 02-1 to the Florida Department of Community Affairs.
REGQM~ENDED ACTION
By motion, recommend that the City Commission transmit to the Florida Department of
Community Affairs, proposed Comprehensive Plan Amendment 02-1, containing the
material in the staff report and attachment.
Attachments:
· Summaryof Comp Plan Amendment 02-1
· Comprehensive Plan 02-1
S:\LongRange\Comp~Amend 02-1\02-1 ccxm~ttal.doc
FUTURE LAND USE MAP AMENDMENTS:
City initiated Future Land Use Map amendment for City-owned parcels located in
the northwest quarter of Section 12 (Range 42, Township 46), from County CHO/8
(Commercial High Office with residential density of 8 units per acre) and County
MR5 (Medium Residential - 5 units/acre) to City GC (General Commercial) and LD
(Low Density Residential, 0-5 units/acre), for 54.5 acres;
City initiated Future Land Use Map amendment for the Winterplace Development
(now known as "The Colony at Delray Beach") from County MR5 (Medium
Residential, 5 units/acre) to City LD (Low Density, 1-5 untis/acre). The parcel is
approximately 34.6 acres in size, and is located on the east side of Military Trail,
south of the L-30 Canal;
City initiated corrective Future Land Use Map amendment for the Gleason Street
Parcels (Lots 4-8, Block 4, plat of Ocean Park), from MD (Medium Density, 5-12
du/acre) to CC (Commercial Core). The parcel is approximately 0.34 acres in size
and is located on the east side of Gleason Street, approximately 100 south of
Atlantic Avenue;
TEXT AMENDMENTS:
Modification of Policy A-2.5, of the Future Land Use Element, relating to updating
the Land Development Regulations regarding non-conforming uses, to reflect a new
completion date of FY 02/03;
Eliminate Policy A-5.1, of the Future Land Use Element, relating to updating the
Land Development Regulations for consistency with Comprehensive Plan
Amendment 97-1, as it has been accomplished;
Eliminate Policy A-5.6, of the Future Land Use Element, regarding the need to
increase densities in the GC (General Commercial) Zone district, as it has been
accomplished;
· Eliminate Policy B-1.1, of the Future Land Use Element, regarding the
establishment of a neighborhood park in the Blood's Hammock Grove Area;
Modification of Policy C-4.2, of the Future Land Use Element, in order to
acknowledge adoption of the Downtown Business Plan, and provide that all future
development will be consistent with the plan;
Modification of Public Schools Facilities Element Table A-1.1 (Standards for
Tiered Level of Service) and Table A-1.2 (Maximum Utilization Table), to reflect the
most current available information from the Palm Beach County School Board.
COMPREHENSIVE
CITY OF
PLAN AMENDMENT
DELRAY BEACH, FLORIDA
~ TABLE OF CONTENTS ~
Pace
AMENDMENTS TO THE FUTURE LAND USE MAP
City Owned Parcels
Winterplace PUD (aka The Colony at Delray Beach)
Gleason Street Parcels
2
2
3
3
4
4
TEXT CHANGES - (CITY INITIATED)
FUTURE LAND USE ELEMENT
Policy A-2.5 (Modifying Land Development Regulations
regarding non-conforming uses)
Policy A-5.1 (Review and Update of LDRs)
Policy A-5.6 (Increased Densities in General
Commercial - West Atlantic Overlay)
Policy B-1.1 (Southwest Park Needs)
Policy C-4.2 (CBD Development Plan)
PUBLIC SCHOOLS FACILITIES ELEMENT
Table A-1.1 Standards for Tiered Level of Service
Table A-1.2 Maximum Utilization Table
COMPREHENSIVE PLAN AMENDMENT 02-1
CITY OF DELRAY BEACH, FLORIDA
AMENDMENTS TO THE FUTURE LAND USE MAP
City Owned Parcels
City initiated Future Land Use Map amendment for City-owned parcels located in the
northwest quarter of Section 12 (Range 42, Township 46), from County CHO/8
(Commercial High Office - 8 units/acre) and County MR5 (Medium Residential - 5
units/acre) to City GC (General Commercial) and LD (Low Density Residential, 0-5
units/acre), for 54.5 acres;
See Support Document #1 (City Owned Parcels Future Land Use Map Amendment
staff report)
Winterplace PUD
City initiated Future Land Use Map amendment for the Winterplace Development
(aka The Colony at Delray Beach) from County MR5 (Medium Residential, 5
units/acre) to City LD (Low Density Residential, 0-5 units/acre). The parcel is
approximately 34.6 acres in size, and is located on the east side of Military Trail,
south of the L-30 Canal;
See Support Document #2 (Winterplace Future Land Use Map Amendment staff
report)
Gleason Street Parcels
City initiated corrective Future Land Use Map amendment for the Gleason Street
Parcels (Lots 4-8, Block 4, plat of Ocean Park), from MD (Medium Density, 5-12
du/acre) to CC (Commercial Core). The parcel is approximately 0.34 acres in size
and is located on the east side of Gleason Street, approximately 100-feet south of
Atlantic Avenue;
See Support Document #3 (Gleason Street Parcels Future Land Use Map
Amendment staff report)
CITY INITIA TED TEXT CHANGES
FUTURE LAND USE ELEMENT
1) Location: Pg. FL-25, Policy A-2.5 (Modifying Land Development Regulations
regarding non-conforming uses)
Policy A-2.5 The section of the Land Development Regulations that deals with
nonconforming uses and structures shall be comprehensively evaluated in order to
ensure that the restrictions on the continuation, expansion, and improvement of
nonconforming structures and uses are clear and enforceable. This evaluation and
the subsequent LDR changes shall be completed in FY 98/99-02/03.
Change: REVISION
Comment: The completion date for this policy is being modified to reflect FY 02/03.
2) Location: Pg. FL-26, Policy A-5.1 (Review and Update of LDRs)
Policy A-5.1 Following review of this plan, the LDRs shall be reviewed and updated
for consistency with Amendment 97-1. This will occur within one (1) year from the
date of adoption of the EAR based amendment.
Change: ELIMINATION
Comment: This policy relates to updating the Land Development Regulations for
consistency with Comprehensive Plan Amendment 97-1. This task was completed
within the required time frame.
3) Location: Pg. FL-26, Policy A-5.6 (Increased Densities in General
Commercial - West Atlantic Overlay)
Policy A-5.6 The City shall amend the General Commercial (GC) zoning district to
accommodate increased multiple family densities over 12 units per acre, but not to
exceed a maximum of 30 units per acre as a Conditional Use in the West Atlantic
Avenue Redevelopment Area Overlay.
Change: ELIMINATION
Comment: This policy is being eliminated as it was accomplished with the passage
of Ordinace #54-01, on November 20, 2001.
(2)
4) Location: Pg. FL-27, Policy B-1.1 (Southwest Park Needs)
Policy B-1.1 In the area of Blood's Hammock Grove, provisions shall be made for a
neighborhood park. (See Policy A-2.5 of the Open Space & Recreation Element, and
Policy D-2.3 of the Public Facilities Element)
Change: ELIMINATION
Comment: This policy relates to the establishment of a neighborhood park in the
southwest area of the City, which has been accomplished.
5) Location: Pg. FL-35, Policy C-4.2 (CBD Development Plan)
Policy C-4.2 A special CBD plan shall be developed jointly by the CRA and the
City. It shall address the maximum development which can be accommodated in a
competitive market while still retaining the "village like, community by-the-sea"
character of the CBD. It shall further identify the infrastructure requirements,
including parking, which will be needed to accommodate such an intensity of
development. Such a plan shall be formally processed as an amendment to the
Comprehensive Plan. The plan shall be instituted under the lead of the Community
Redevelopment Agency but conducted through close participation with the City's
Planning & Zoning Department.
Change: MODIFICATION
Policy C-4.2 The "Downtown Delray Beach Master Plan" was adopted by the City
Commission on March 19, 2002. Covering the downtown business districts
surrounding the Atlantic Avenue corridor between 1-95 and A-l-A, it represents the
citizens' vision for the growth and unification of Delray Beach. The Plan addresses a
wide range of issues including infill development, neighborhood parks, shared
parking, public art, the roadway and alleyway systems, marketing/economic
development, and the need to modify the Land Development Regulations to include
design guidelines to retain the character of Delray Beach. Future development and
redevelopment in this area shall be consistent with the Master Plan.
Comment: This policy is being modified in order to reflection adoption, and create
future policy direction.
(3)
PUBLIC SCHOOLS FACILITIES ELEMENT
6) Location: Pg. PS-31 Table A-1.1 Standards for Tiered Level of Service
Pg. PS-34 Table A-1.2 Maximum Utilization Table
See existing tables attached as Support Documents ~4 and #5.
Change: REVISION
See proposed tables attached as Support Documents #6 and #7.
Comment: The above listed tables are being modified to reflect the most current
available data from the Palm Beach County School Board.
S:\LongRange\CompV~mend 02-1\02-1amendment.doc
(4)
I COMPR':H":N~,V': PLAN AMENDMENT 02-1I
CITY OF DELRAY BEACH, FLORIDA
SUPPORT DOCUMENTS INDEX
INDEX #
S.D. #1
S.D. #2
S.D. #3
S.D. #4
S.D. #5
S.D. #6
S.D. #7
ITEM
City Owned Parcels FLUM Amendment Staff Report
Winter Place PUD FLUM Amendment Staff Report
Gleason Street Parcels FLUM Amendment Staff Report
Existing Standards for Tiered Level of Service Table
(Public Schools Facilities Element - Table A-1.1 )
Existing Maximum Utilization Table
(Public Schools Facilities Element - Table A-1.2)
Proposed Standards for Tiered Level of Service Table
(Public Schools Facilities Element - Table A-I. 1 )
Proposed Maximum Utilization Table
(Public Schools Facilities Element - Table A-1.2)
SUPPORT DOCUMENT INDEX
I COMPREHENSIVE PLAN AMENDMENT
CITY OF DELRAY BEACH, FLORIDA
02-1
SUPPORT
DOCUMENT #1
City Owned Parcels FLUM Amendment Staff Report
SD #t
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
May 20, 2002
IV. I-1.
City Initiated Future Land Use Map Amendment From County CHO/8 (Commercial
High Office - 8 Units/Acre), and MR5 (Medium Residential- 5 Units/Acre) to City
GC (General Commercial) and LD (Low Density Residential, 0-5 Units/Acre) for
Several Parcels Located South of the L-30 Canal, Between Barwick Road and
Military Trail.
GENERAL DATA:
Owner/Applicant ...............
Location ..........................
Property Size ..................
Existing FI_UM ................
Proposed FLUM .............
Current Zoning ................
Adjacent Zoning ..... North:
East:
South:
West:
Existing Land Use ............
City of Delray Beach
Located South of the L-30
Canal, Between Barwick
Road and Military Trail.
54.5 Acres
County CHO/8 (Commercial
'High Office - 8 Units/Acre)
& MR5 (Medium Residential- 5
Units/Acre)
City of Delray Beach GC
(General Commercial) & LD
(Low Density Residential,
0-5 Units/Acre)
County AR (Agricultural Residential)
& CG (General Commercial)
County AR (Agricultural Residential) &
RS (Single Family Residential)
County AR (Agricultural Residential) &
City of Delray Beach R-l-AA
(Single Family Residential)
City of Delray Beach RM
(Multiple Family Residential)
County AR (Agricultural) &
GC (General Commercial) &
PUD (Planned Unit Development)
Residential, Vacant, &
Agricultural/Commercial
The item before the Board is that of making a recommendation on a Future Land Use
Map amendment from County MR-5 (Medium Residential - 5 units/acre) and County
CHO/8 (Commercial High Office - 8 units/acre) to City LD (Low Density Residential, 0-5
units/acre) and City GC (General Commercial), and assign initial zoning of PRD
(Planned Residential Development) and PC (Planned Commercial), for eleven (11)
parcels of land located in the northwest quarter of Section 12 (Range 42, Township 46).
LDR Sections 2.4.5 (A) and (D) provide rules and procedures for the processing of this
petition.
The subject parcels are generally located between Barwick Road and Military Trail,
north of Lake Ida Road.
The subject property contains 11 unplatted parcels of land totaling 54.5 acres. The
.subject parcels are currently in unincorporated Palm Beach County within the City's
Planning Area, more-particularly described as a portion of Annexation Area "E" (the
North Military Trail Area), as per the Future Land Use Element of the Comprehensive
Plan. All parcels were recently acquired by the City of Delray Beach, and are being
separately processed as voluntary annexations at this time. All parcels will maintain
their current County Zoning and Future Land Use Map Designations; until such time that
Comprehensive Plan Amendment 2002-1 (02-1) is adopted.
Please see Reference Map "City Owned Parcels FLUM Amendment", for the
next section.
For identification purposes, each of the eleven parcels has been given an arbitrary
number. These numbers correspond to numbers assigned to each parcel at the onset
of acquisition by the City. The numbering system is being maintained in order to
provide continuity and ease of identification.
Under direction of the City Commission, staff is in the process of issuing a Request for
Proposal (RFP) to Master Plan this area for future development. Although this
amendment will assign FLUM designations and individual zoning districts to the subject
area, the Master Plan will descdbe a more comprehensive and detailed use of the land.
General direction was given for three over-all goals:
Parcels I & lA (6.63 acres), should be designated for commercial development.
Due to their proximity to Military Trail, these parcels appear to be the most
marketable for commercial development, and will help to off-set the land acquisition
costs incurred by the City. Consideration should also be given to the dedication of
Planning and Zoning Board Staff Report
City Owned Parcels FLUM & Rezonings
Page 2
right-of-way to provide access from Military Trail to the residential parcels to the
east.
2. The balance of the subject area (47.87 acres) should be designated for single family
residential development. Moderate-income housing should be emphasized.
Reserve approximately 10-15 acres of the residential component for a neighborhood
park. Preliminary analysis by the Parks & Recreation Department identified several
parcels which would suitable. Emphasis will placed on certain parcels which have
heavy concentrations of existing trees.
The existing land uses for each of eleven properties are as follows: Parcels 1, 1 A, 3, 4,
and 5 are vacant; Parcels 2 and 11 have single family homes; Parcels 9, 10, 17, and 18
have agriculture/commercial uses.
The proposal before the board is to apply City zoning and Future Land Use Map
designations to all 11 parcels. Annexation of all 11 parcels is being concurrently
processed. Existing County FLUM designations and zoning will be maintained, until
Comprehensive Plan.Amendment 02-1 is adopted.
The following table represents the existing County FLUM designations and zoning, and
the proposed designation of City FLUM and zoning for each parcel:
EXISTING PROPOSED
County County City City
Parcel ID Zoning FLUM Zoning FLUM
1 AR MR-5 I PC GC
lA CG CHO/8 I PC GC
2 RTU MR-5 PRD LD
3 AR MR-5 PRD LD
4 AR MR-5 PRD LD
8 AR MR-5 PRD LD
9 AR MR-5 PRD LD
10 AR I MR-5 PRD LD
11 AR MR-5 PRD LD
17 AR MR-5 I PRD
LD
18 AR MR-5 PRD LD
Planning and Zoning Board Staff Report
City Owned Parcels FLUM & Rezonings
Page 3
Current Land Use Designations: All parcels with exception of Parcel #lA have a
County Future Land Map Designation of MR-5 (Medium Residential - 5 units/acre).
Parcel #lA has a county designation of CliO-8 (Commercial High Office - 8 units/acre).
Requested Land Use Desiqnation: Parcels 2, 3, 4, 8, 9, 10, 11, 17, & 18 will each be
assigned a City Future Land Use Map designation of LD (Low Density Residential, 0-5
units/acre). Parcels 1 & lA will receive a designation of GC (General Commercial).
Land Use Analysis:
Pursuant to Land Development Regulations Section 3.1 .I(A) (Future Land Use Map), all
land uses and resulting structures must be allowed in the zoning district within which the
land is situated and, said zoning must be consistent with the land use designation as
shown on the Future Land Use Map.
The City is seeking initial zoning designation of PC (Planned Commercial) for Parcels 1
& lA. Both parcels are currently vacant, and the PC zone district is consistent with the
GC (General Commercial) FLUM designation.
Parcels 2, 3, 4, 8, 9, 10, 11, 17, & 18 are to be assigned to the PRD (Planned
Residential Development) zone district. All parcels are currently vacant or
underdeveloped, meaning sparse single family or agricultural/commercial uses. All
commercial uses on these parcels will be phased out by the time this amendment is
adopted, or will become non-conforming. The PRD zone district is consistent with the
LD (Low Density Residential, 0-5 units/acre) FLUM designation.
Consistency between the City and County Land Use Designations:
The existing County Future Land Use Map designation of MR-5 (Medium Residential-
5 units/acre) and the City's Future Land Use Map designation of LD (Low Density
Residential, 0-5 units/acre) are consistent, in that both are designed for single family
residential development at a maximum density of 5 units an acre.
The City GC (General Commercial) FLUM designation and the County's CHO/8 are
similar in that they both allow a vadety of commercial and office uses, as well as multi-
family development. The main difference between the two is that the City's GC FLUM
designation allows multi-family development up to 12 units an acre, where as the
County designation only allows 8 units to the acre.
Parcel I has a current County FLUM designation of MR-5 (Medium Residential - 5
units/acre), but is seeking assignment to the City GC (General Commercial) FLUM
designation. While these two designations are not consistent with one another, due to
this parcel's proximity to Military Trail and adjacent commercial development to the west
and north, the designation is appropriate.
Planning and Zoning Board Staff Report
City Owned Parcels FLUM & Rezonings
Page 4
REQUIRED FINDINGS:
Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map
must be based upon the following findings:
· Demonstrated Need - That there is a need for the requested land use. The
need must be based upon circumstances such as shifts in demographic trends,
changes in the availability of land, changes in the existing character and FLUM
designations of the surrounding area, fulfillment of a comprehensive plan
objective or policy, annexation into the municipal boundaries, or similar
circumstances. The need must be supported by data and analysis verifying the
changing demographics or other circumstances. This requirement shall not
apply to requests for the FLUM designations of Conservation or Recreation and
Open Space; nor shall it apply to FLUM changes associated with annexations
when the City's advisory FLUM designation is being applied, or when the
requested designation is of a similar intensity to the advisory designation.
However, the findings described in the remainder of this policy must be
addressed with all FLUM amendments.
The application is being processed concurrently with an annexation application, which
requires changing the FLUM designation from County to City. All parcels which are to
be assigned to the._City's LD (Low Density Residential, 0-5 units/acre) designation,
currently have a City "advisory designation" of the same. Thus, the need for this
designation has been established previously, and this requirement is therefore, not
applicable.
The proposed GC (General Commercial) FLUM designation for Parcels 1 & lA, which
allows a variety of commercial, office, and multi-family residential uses, is more intense
than its "advisory designations" of TRN (Transitional) and LD (Low Density Residential,
0-5 units/acre). However the subject properties are located immediately adjacent to
commercial uses on the north and west sides. The subject property will have frontage
on Military Trail, an artedal roadway, with a variety of intense commercial uses between
Atlantic Avenue and the L-30 Canal. Proposed residential development to the east and
existing residential development to the south can be propedy protected and buffered
from the future commercial development through the site plan review process.
· Consistency - The requested designation is consistent with the goals,
objectives, and policies of the most recently adopted Comprehensive Plan.
A review of the goals, objectives and policies of the Comprehensive Plan was
conducted and the following applicable objective was identified.
Future Land Use Element Objective A-l: Property shall be developed or
redeveloped in a manner so that the future use and intensity is appropriate in
terms of soil, topographic, and other applicable physical considerations, is
complementary to adjacent uses, and fulfills remaining land use needs.
Planning and Zoning Board Staff Report
City Owned Parcels FLUM & Rezonings
Page 5
The subject property does not have any unique environmental characteristics that would
prohibit development of the site or require mitigation measures. All property included in
the amendment is vacant or underdeveloped, and will be developed in such a way to
complement adjacent uses.
~ Concurrency - Development at the 'highest intensity possible under the
requested designation can meet the adopted concurrency standards.
Water: There are existing distribution lines associated with several developments in the
area, i.e. Winterplace (northeast comer of Military Trail and the L-30 canal) Barwick
Ranch, and Sabal Lakes. As the area is proposed for development, water main
extensions will be required by this development. Pursuant to the Comprehensive Plan,
treatment capacity is available at the City's Water Treatment Plant for the City at build-
out.
Sewer: Sewage mains and a new lift station sized for future development have been
constructed as part of the infrastructure improvements of Winterplace development.
With redevelopment of the subject properties, further sewer main extensions will be
required. Pursuant to the Comprehensive Plan, treatment capacity is available at the
South Central County Waste Water Treatment Plant for the City at build-out.
Streets: The prope[ties have access from either Military Trail or Barwick Road.
Additionally, two local roads, 133 Road South and Palm Ridge Boulevard, provide
access from Barwick Road into the properties. Depending on the development pattern,
additional local roads internal to future residential development are anticipated with
redevelopment of the property. Military Trail and Barwick Road are under the
jurisdiction of Palm Beach County. The jurisdictional responsibility and the associated
maintenance responsibility will not change upon annexation. The development of the
property under the current County MR-5 and CH-O designations and the proposed City
LD and GC designations would be similar with the exception of an increase with the
change of designation for parcel 1. With future development, site plan approval will be
required along with a full analysis of the traffic impact. However, there is adequate
capacity on Military Trail to accommodate additional tdps under either scenario.
Parks and Open Space: The annexation of the property to accommodate future
residential and commercial development will have some impact on park and
recreational facilities. However, part of the future development of the area includes a
public park site. The provision of new neighborhood parks has been identified as a
future need in the City's recently completed Parks and Recreation Master Plan.
Solid Waste: The future development of this area will continue to have similar solid
waste impacts. The solid waste authority has indicated they have sufficient capacity to
service this area. The service provider will not change, as described later in this report.
Planning and Zoning Board Staff Report
City Owned Parcels FLUM & Rezonings
Page 6
~ Compatibility - The requested designation will be compatible with the existing
and future land uses of the surrounding area.
The property is surrounded by the following Future Land Use Map Designations, Zoning
Designations and Land Uses:
Parcels 2, 3, 4, 8, 9, 10, 11, 17, & 18 [Currently County MR-5 (Medium Residential - 5
units/acre), proposed for City LD (Low Density Residential, 0-5 units/acre) 47.87 acres]:
North: The subject property is bordered on the north by Lake Worth Drainage District L-
30 Canal, which has a 140-foot wide right-of-way, and the Ridgewood Road right-of-way
(100-feet). Beyond Ridgewood Road is the Cocoa Pine Estates subdivision and several
unplatted homes, with some agricultural uses. The Cocoa Pine Estates subdivision has
a County FLUM designation of MR-3 (Medium Residential - 3 units/acre) and Zoning of
RS/SE (Single-Family Residential, Special Exception). The unplatted parcels have a
County FLUM designation of MR-3 (Medium Residential - 3 units/acre) and Zoning of
AR (Agricultural Residential).
East: The subject property is bordered on the east by Barwick Ranch Estates, an
existing single family development with a Future Land Use Map designation of City LD
(Low Density Residential, 0-5 units/acre) and an R-l-AA (Single Family Residential)
zoDing designation and by the Gulf Club Estates subdivision and several unplatted
single family parcels with a County FLUM designation of MR-5 (Medium Residential- 5
units/acre) and Zoning of AR (Agricultural Residential).
South: The subject property is bordered on the south by two (2) unincorporated County
parcels, one of which has a agricultural/commercial use, and the other is vacant. Both
parcels have a County FLUM designation of MR-5 (Medium Residential - 5 units/acre)
and Zoning of AR (Agricultural Residential). A portion of the subject area is also
bordered on the south by the 90-foot wide Lake Worth Drainage Distdct L-31 Canal
right-of-way. Beyond the canal is the multi-family Country Manors subdivision, with a
City FLUM designation of MD (Medium Density Residential, 5-12 units/acre), and
zoning of RM (Multiple Family Residential).
West: The subject property is bordered on the west by the Winterplace (now known as
The Colony at Delray Beach) housing development, several unplatted single family
homes, and Parcel 1, which is to receive Commercial land use and zoning designations.
The Winterplace Development has a zoning of PUD (Planned Unit Development), and
the unplatted homes are AR (Agricultural/Residential). Both have a County FLUM
designation of MR-5 (Medium Residential - 5 units/acre).
Parcels 1 & lA (currently County MR-5 and CHO-8, proposed for City GC (General
Commercial):
West: The subject property is bordered on the west by a variety of intense commercial
uses, which front on Military Trail. The uses include outdoor automotive storage,
automotive & marine repair, and golf cart repair and sales. The adjacent parcels have
Planning and Zoning Board Staff Report
City Owned Parcels FLUM & Rezonings
Page 7
County Land use designations of CHO-8 (Commercial High Office - 8 units/acre) and
CHO-5 (Commercial High Office - 5 units/acre), and zoning of CG/SE (General
Commercial - Special Exception). Parcel lA is bordered on the west by Military Trail.
Beyond Military Trail there are two medical offices.
North: The subject property is bordered by the same twd commercial properties which
have the golf cart repair & sales, and automotive storage uses.
South: The subject property is bordered on the south by the 90-foot wide Lake Worth
Drainage District L-31 Canal right-of-way. Beyond the canal is the multi-family Country
Manors subdivision, with a City FLUM designation of MD (Medium Density Residential,
5-12 units/acre), and zoning of RM (Multiple Family Residential).
East: The subject property is bordered on the east by Parcel 2, which currently has one
(1) single family home, and a County FLUM designation of MR-5 (Medium Residential-
5 units/acre) and zoning of RTU (Residential Transitional Urban District). The proposed
FLUM designation for this parcel is LD (Low Density Residential, 0-5 units/acre), with
accompanying PRD (Planned Residential Development) zoning.
As described in the Future Land Use Element of the Comprehensive Plan, the Low
Density residential land use designation is applied to land which is developed, or to be
dev. eioped, for single family residential uses. The majority of the land involved in this
application (47.87 ac~s) is slated for, and has had an "advisory designation" of Low
Density Residential. This use is compatible with all adjacent uses.
The proposed FLUM designation of GC, however will allow for the development of
commercial uses on parcels 1 & IA. As this property is currently vacant, and bordered
by existing and proposed residential uses, mitigation of any adverse impacts of the
commercial development, will be addressed via the site plan review process, through
provision of site design and perimeter buffering.
· Compliance - Development under the requested designation will comply with
the provisions and requirement of the Land Development Regulations.
As all property involved in this request is vacant or underdeveloped, compliance with
the Land Development Regulations for all post-annexation development be addressed
through the City's development review process.
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.'1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which is part
of the official record. This may be achieved through information on the
application, the Staff Report or Minutes. Findings shall be made by the body,
Planning and Zoning Board Staff Repod
City Owned Parcels FLUM & Rezonings
Page 8
which has the authority to approve or deny the development application,
findings relate to the following four areas:
These
Future Land Use Map, Concurrency and Comprehensive Plan Consistency were
previously discussed under the "Future Land Use Map Amendment" section of this
report. Compliance with tl~e Land Development Regulations with respect to
Standards for Rezoning Actions and Rezoning Findings are discussed below:
Section 3.2.1 (Basis for Determining Consistency): The performance standards
set forth in this Article either reflect a policy from the Comprehensive Plan or a
principle of good planning practice. The performance standards set forth in the
following sections as well as compliance with items specifically listed as required
findings in appropriate portions of Section 2.4.5 shall be the basis upon which a
finding of overall consistency [Section 3.1.1(C)] is to be made. However,
exclusion from this Article shall not be a basis for not allowing consideration of
other objectives and policies found in the adopted Comprehensive Plan in the
making of a finding of overall consistency.
Section 3.2.2 (Standards for Rezoninq Actions): Standard A, B, C and E are not
applicable with respect to this rezoning request. The applicable performance
standards of Section 3.2.2 are as follows:
D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land uses both existing and proposed; or
that if an incompatibility may occur, that sufficient regulations exist to
properly mitigate adverse impacts from the new use.
Parcels 2, 3, 4, 8, 9, 10, 11, 17, & 18 [Currently zoned County AR (Agricultural
Residential) and RTU (Residential Transitional Urban District), proposed for City PRD
(Planned Residential Development), 47.87 Acres]:
As the surrounding uses are primarily residential or vacant with a small amount of
commercial, compatibility with the adjacent uses is not a concern.
Parcels 1 & lA [Currently zoned CG/SE (General Commercial - Special Exception) and
AR (Agricultural Residential), proposed for City PC (Planned Commercial), 6.63 Acres]:
Parcels 1 & lA are bordered by commercial uses on two sides and residential on
two sides. Compatibility is an issue with the two residential uses, but as both
parcels are currently vacant, future commercial development would be subject to the
City's development review process. Thus any potential adverse impacts can be
properly mitigated through the applicable requirements of the Land Development
Regulations.
Planning and Zoning Board Staff Report
City Owned Parcels FLUM & Rezonings
Page 9
Section 2.4.5(D}(5) (Rezonin_cl Findin_qs}:
Pursuant to Section 2.4.5(D)(5), in addition to the provisions of Section 3.1.1, the
City Commission must make a finding that the rezoning fulfills one of the reasons
for which the rezoning change is being sought. These reasons include the
following:
That the zoning had previously been changed, or was originally
established, in error;,
That there has been a change in circumstances which make the current
zoning inappropriate;
That the requested zoning is of similar intensity as allowed under the
Future Land Use Map and that it is more appropriate for the property based
upon circumstances particular to the site and/or neighborhood.
Items "b" and "c" are the basis for which the rezoning should be granted. The property
is in the unincorporated area of Palm Beach County, however, it is within the City of
Delray Beach Planning Area, as defined in the Comprehensive Plan. The City, being
the current owner, is seeking annexation of this property into the City, which requires
that. appropriate City zoning designations be applied. The requested GC (General
Commercial) zoning A~d PRD (Planned Residential Development) zoning is consistent
with the GC (General Commercial) and LD (Low Density Residential, 0-5 units/acre)
designations, respectively.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
Properties involved with this proposal are vacant or have sporadic single family
structures. There are several commercial/agricultural uses located with the subject area,
which will be phased out, and the single family homes will be demolished in order to
provide for a larger master planned community. All post-annexation development, both
commercial and residential, will be through the City's development review process, and
in compliance with all Land Development Regulations.
The subject property is not in a geographical area requiring review by the CRA
(Community Redevelopment Agency), DDA (Downtown Development Authority) or the
HPB (Historic Preservation Board).
Palm Beach County Notice:
On April 10, 2002 the Palm Beach County Planning Division was notified of the City's
intent to annex this property. To date, a response has not been received.
Planning and Zoning Board Staff Report
City Owned Parcels FLUM & Rezonings
Page 10
IPARC Notice:
Notice of the Future Land Use Map Amendment was also provided to the Intedocal Plan
Amendment Review Committee (IPARC)which distributes the information to adjacent
municipalities. To date, a response has not been received.
Courtesy Notice:
Courtesy notices were sent to the following homeowner's and civic associations:
· Progressive Residents of Deiray (PROD)
· President's Council
· United Property Owners
· Barwick Estates HOA
Sabal Lakes HOA
· Chatelaine HOA
· Country Manors HOA
· Rainberry Woods HOA
Public Notice:
Formal public notice has been provided to all property owners within a 500 foot radius of
th~ subject property.--Letters of objection, if any, will be presented at the Planning and
Zoning Board meeting.
The requested LD (Low Density Residential, 0-5 units/acre) Future Land Use Map
designation is appropriate given that the advisory designations and long term plans for
this area are Iow density single family residential. The PRD (Planned Residential
Development) zone district is consistent with the LD FLUM designation.
The GC (General Commercial) FLUM designation, although not the advisory
designation for this area, is an appropriate use for the area, given its proximity to
Military Trail and compatibility with adjacent commercial uses. The proposed PC
(Planned Commercial) zone district is consistent with the GC (General Commercial)
FLUM designation. Issues and concerns with adjacent residential uses and impacts of
commercial development can be properly mitigated through the City's development
process.
Planning and Zoning Board Staff Report
City Owned Parcels FLUM & Rezonings
Page 11
A. Continue with direction.
Bo
Recommend approval of the Future Land Use Map amendments from County
CHO/8 (Commercial High Office - 8 units/acre) and MR-5 (Medium Residential -
5 units/acre) to City GC (General Commercial) and LD (Low Density Residential,
0-5 units/acre) and initial zoning designations of PC (Planned Commercial) and
PRD (Planned Residential Development), based upon positive findings with
respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan
(FLUM Amendment Findings), Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land
Development Regulations and the Goals, Objectives, and Policies of the
Comprehensive Plan
Co
Recommend denial of the Future Land Use Map amendments from County
CHO/8 (Commercial High Office - 8 units/acre) and MR-5 (Medium Residential -
5 units/acre) to City GC (General Commercial) and LD (Low Density Residential,
0-5 units/acre) and initial zoning designations of PC (Planned Commercial) and
PRD (PlannedJ~esidential Development), with the basis stated.
Recommend approval of the Future Land Use Map amendments from County CHO/8
(Commercial High Office - 8 units/acre) and MR-5 (Medium Residential - 5 units/acre)
to City GC (General Commercial) and LD (Low Density Residential, 0-5 units/acre) and
initial zoning designations of PC (Planned Commercial) and PRD (Planned Residential
Development), based upon positive findings with respect to Future Land Use Element
Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), Sections 3.1.1,
3.2.2, and 2.4.5(D)(5) of the Land Development Regulations and the Goals, Objectives,
and Policies of the Comprehensive Plan
Attachments:
[~ Location Map
1--I Aerial Photo Map
s:\planning & zoning~boards\p&z board\cityownedflum.doc
VAC AGR SFR
AR AR AR
MR5 MR5 MR5 I' l
VAC
VAC SFR VAC
1.33 ROAD
SOUTH
--~ AR RTU AR
MR5 MR5 MR5
· .F ~I~l~l~l~I~I~I~ffi~I~l~l~lC~TY LIMIT$1ttllII~I
L-51
1.33 ROAD
CANAL
N
MAY 2002
.... CITY LIMITS .......
(~)- PARCEL ID
(s.o) - ACREAGE
CITY OF DELRAY B[ACH. FL
PLANNING & ZONING DEPARTMENT
·
CITY OWNED PARCELS F.L.U.M. AMENDMENT
AG R -'- Ex~s~'~NS LAND USE
AR ----- COUNTY ZONING DESIGNATION
MR5-.,,.I COUNTY FUTURE LAND USE
MAP DESIGNATION
AGR
COM
SFR
VAC
- AGRICULTURE AR, RTU - RESlDENTIALZONING
- COMMERCIAL CG - COMMERCIAL ZONING
- SINGLE FAMILY
MR5 - RESIDENTIAL LAND USE, 5 UNITS/ACRES
- VACANT CHO/8 ' COMMERCIAL HIGH OFFICE LAND USE
UAP RE~=. LMSg2
SITE
MAY 2002
.... CiTY LIMITS ....... ~
(~ - PARCEL ID ,~
($ o) - ACREAGE ~
L CI'TY Or DELRAY EIEA~:H, FL ~
PLANNING ,,~ ZONING D~PARTMENT
PHOTO FLIGHT DATE. 1999 I
CiTY OWNED PARCELS F.L.U.M. AMENDMENT
PC NUMBERS
00-42-46-12-00-000-3040
00-42-46-12-00-000-3170
00.42-46-12-00-000-3020
00-42-46-12-00-000-3210
00-42-46-12-00.000-3201
00-42-46-12-00-000-3025
SITE
PC NUMBERS
00..-42-46-12-00-000-3220
00-42-46-12-00-000-3023
00-42-46-12-00-000-3021
00-42,-46-12-00-000-,3026
00-42...46-12-00-000-3180
COMPREHENSIVE PLAN AMENDMENT 02-1
CITY OF DELRAY BEACH, FLORIDA
SUPPORT
DOCUMENT
#2
Winterplace FLUM Amendment Staff Report
(aka The Colony at Delray Beach)
SD #2
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
May 20, 2002
IV. I-2.
City Initiated Future Land Use Map Amendment From County MR5 (Medium
Residential - 5 units/acre) to City LD (Low Density Residential, 0-5 units/acre)
for the Winterplace Subdivision (aka The Colony at Delray Beach), Located at
the Southeast Comer of the L-30 Canal and Military Trail.
GENERAL DATA:
Owner/Applicant ............... Colony of Palm Beach
Location .......................... Located at the Southeast
~operty Size ..................
Existing FLUM ................
Proposed FLUM .............
Current Zoning ................
Adjacent Zoning ..... North:
East:
South:
West:
Existing Land Use ............
Proposed Land Use .........
Water Service ..................
Sewer Service ..................
Comer of the L-30 Canal
~i~d Military Trail.
34.6 Acres
County MR5 (Medium
Residential - 5 units/acre)
City of Delray Beach LD (Low
Density Residential - 0-5 units/acre)
County PUD (Planned Unit
Development)
County AR (Agricultural Residential)
& RTU (Residential
Transitional Urban)
AR (Agricultural Residential)
AR (Agricultural Residential) & RS
(Single Family Residential)
PO (Public Ownership District)
& AR (Agricultural Residential)
Residential
Same as existing
Existing on site
Existing on site
LAKE IDA ROAD
I
The item before the Board is that of making a recommendation on a Future Land Use
Map amendment from County MR-5 (Medium Residential - 5 units/acre) to City LD (Low
Density Residential, 0-5 units/acre), and assign zoning of PRD (Planned Residential
Development) for the Winterplace Subdivision.
LDR Sections 2.4.5 (A) and (D) provide rules and procedures for the processing of this
petition.
The subject parcel is located on the east side of Military Trail, approximately ¼ mile
north of Lake Ida Road, just south of the LWDD L-30 Canal.
The subject property is the plat of Winterplace (Plat Book 89, Page 179), recorded in
February of 2001. The site, now known as The Colony at Delray Beach, contains 151
zero lot line single family homes, situated on 34.6 acres land. The development is
currently in unincorporated Palm Beach County within the City's Planning Area, more
particularly described-as a portion of Annexation Area "E" (the North Military Trail Area),
as per the Future Land Use Element of the Comprehensive Plan. Annexation of this
development is being processed concurrently as voluntary annexations, pursuant to a
water service agreement dated March 8, 2000. The water service agreement contains
a clause that states the property owner agrees to annex into the City, when the project
becomes eligible for annexation. In conjunction with the annexation of this
development, the City is also processing an annexation of 54.5 acres immediately to the
east of this development. Once those properties are annexed, this parcel will be
contiguous and eligible for annexation. The development will maintain its current
County Zoning of PUD (Planned Unit Development) and Future Land Use Map
Designation of MR-5 (Medium Density - 5 units/acre); until such time that
Comprehensive Plan Amendment 2002-1 (02-1) is adopted.
The subject property, although not currently located within the City limits, has several
previous City land use actions associated it, which are summarized below:
February 4, 1994: City Commission approved a water service agreement for the
subject property. The agreement was to allow the establishment of a wholesale nursery
operation (Southern Omamental Plants).
September 5, 1995: City Commission approved a Future Land Use Map amendment
for the property from the City's advisory Future Land Use Map designation of RR (Rural
Residential) to City LD (Low Density Residential, 0-5 units/acre). This created
consistency with the County's designation of the property of MR-5 (Medium Density
Residential - 5 units per acre),
Planning and Zoning Board Staff Report
Winterplace FLUM & Rezoning
Page 2
January 27, 1997: Planning and Zoning Board approved a conceptual master plan for
173 single family units and recommended approval to the City Commission of the
associated water service agreement.
February 4, t997: City Commission approved the water service agreement for the
proposed development.
October 11, 1999: Planning and Zoning Board approved a master development plan for
151 single family units.
November 2, 1999: City Commission approved the current water service agreement for
the proposed 151 single family subdivision.
There have been several master plan modifications to the project subsequent to these
approvals, none of which were considered a material change to the project.
Currently the subject area is platted as a 151 unit single family subdivision.
Approximately 6 units have been constructed and sold, and several additional units are
under construction.
The proposal before the board is to apply a City zoning designation of PRD (Planned
Residential Development) and Future Land Use Map designation of LD (Low Density
Residential, 0-5 units/acre) to the 151 unit subdivision. Annexation of the subject area
is being concurrently processed. The existing County FLUM designation of MR-5
(Medium Residential - 5 unit/acre) and zoning of PUD (Planned Unit Development) will
be maintained, until Comprehensive Plan Amendment 02-1 is adopted.
Current Land Use Designations: Currently the entire subject area has a County
Future Land Map Designation of MR-5 (Medium Residential - 5 units/acre).
Requested Land Use Designation: The intent of this application is to adopt the City's
"Advisory" Future Land Use Map designation of LD (Low Density Residential, 0-5
units/acre).
Land Use Analysis:
Pursuant to Land Development Regulations Section 3.1 .I(A) (Future Land Use Map), all
land uses and resulting structures must be allowed in the zoning district within which the
land is situated and, said zoning must be consistent with the land use designation as
shown on the Future Land Use Map.
Planning and Zoning Board Staff Repor~
Winterplace FLUM & Rezoning
Page 3
The subject area consists of 151 single family homes, and is seeking a PRD (Planned
Residential Development) zoning designation. Planned single family communities are a
permitted use within the PRD zone district. Further, this development received master
plan approval from the City on October 11, 1999. As part of the master plan approval,
the proposed development was reviewed under the PRD criteria, and it was identified
that upon annexation this development would be assigned to the PRD zone district.
The PRD zone distdct is consistent with the LD (Low Density Residential, 0-5 unit/acre)
FLUM designation.
Consistency between the City and County Land Use Designations:
The property currently has a County Future Land Use Map designation of MR-5
(Medium Residential - 5 du/ac) and a County zoning designation of PUD (Planned Unit
Development). The current City "Advisory" designation for this property is LD (Low
Density Residential, 0-5 units/acre), which is consistent with the County MR-5 FLUM
designation. In addition the City zoning designation of PRD (Planned Residential
Development) which is consistent with the County zoning designation of PUD (Planned
Unit Development). Based upon the above, a positive finding with respect to
consistency with the Future Land Use Map can be made.
REQUIRED FINDINGS:
Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map
must be based upon the following findings:
I~ Demonstrated Need - That there is a need for the requested land use. The
need must be based upon circumstances such as shifts in demographic trends,
changes in the availability of land, changes in the existing character and FLUM
designations of the surrounding area, fulfillment of a comprehensive plan
objective or policy, or similar circumstances. The need must be supported by
data and analysis. This policy shall not apply to requests for the FLUM
designations of Conservation or Recreation and Open Space; nor shall it apply to
FLUM changes associated with annexations when the City's advisory FLUM
designation is being applied, or when the requested designation is of a similar
intensity to the advisory designation. However, the findings described in the
remainder of this policy must be addressed with all FLUM amendments.
The application is being processed concurrently with an annexation application, which
requires changing the FLUM designation from County to City. The subject area, which
is to be assigned to the City's LD (Low Density Residential, 0-5 units/acre) designation,
currently has a City "Advisory Designation" of the same. Thus, requirement is not
applicable.
~ Consistency - The requested designation is consistent with the goals,
objectives, and policies of the most recently adopted Comprehensive Plan.
Planning and Zoning Board Staff Report
Winterplace FLUM & Rezoning
Page 4
A review of the goals, objectives and policies of the Comprehensive Plan was
conducted and the following applicable objective was identified.
Future Land Use Element Objective A-f: Property shall be developed or
redeveloped in a manner so that the future use and intensity is appropriate in
terms of soil, topographic, and other applicable physical considerations, is
complementary to adjacent uses, and fulfills remaining land use needs.
The subject property has been disturbed and does not have any unique environmental
characteristics that would prohibit development of the site or require mitigation
measures. Streets have been installed and individual lots are being developed. The
use and intensity of the development were determined to be appropriate with the master
development plan approval.
· Concurrency - Development at the highest intensity possible under the
requested designation can meet the adopted concurrency standards.
Findings of Concurrency for the 151 unit single family subdivision were made at the time
of the master plan approval, approved in 1999. There will be no changes to the
development. However, the following summary is provided.
Water: Water service is currently provided from a connection to 12" water main on the
east side of Military Trail and along the property's south property line, which connects to
the existing mains within Military Trail and Barwick Road, as per the approved
development plan.
Sewer: Sewage mains and a new lift station sized for future development have been
constructed as part of the infrastructure improvements of Winterplace development.
Pursuant to the Comprehensive Plan, treatment capacity is available at the South
Central County Waste Water Treatment Plant for the City at build-out.
Streets and Traffic: A traffic study was been provided to the Palm Beach County
Traffic Division during the master development plan process. This study indicated that
the proposed 151-unit single family development will generate 1,510 new vehicle trips
onto the surrounding roadway network. With the widening of Lake Ida Road, there is
sufficient capacity available to accommodate the impact of the development.
Parks and Recreation Facilities: The single family residences will not have a
significant impact with respect to level of service standards for parks and recreation
facilities. Upon annexation, each unit constructed will be required to pay the City's
recreation impact fee of $500.
Solid Waste: Trash generated each year by this development (when fully developed),
will be approximately 1.99 tons per single family residence per year (151 units) for a
total of 300.49 tons/year. This increase can be accommodated by existing facilities and
thus, will not be significant with respect to this level of service standard.
Planning and Zoning Board Staff Report
Winterplace FLUM & Rezoning
Page 5
~ Compatibility - The requested designation will be compatible with the existing
and future land uses of the surrounding area.
The property is surrounded by the following Future Land Use Map Designations, Zoning
Designations and Land Uses:
North: The subject property is bordered on the north by Lake Worth Drainage District L-
30 Canal, has a 140-foot wide fight-of-way, and the Ridgewood Road right-of-way (100-
feet). Beyond Ridgewood Road there are several unplatted homes, with some
agricultural uses. The unplatted parcels have a County FLUM designation of MR-5
(Medium Residential - 5 units/acre) and Zoning of AR (Agricultural Residential) and
RTU (Residential Transitional Urban).
East: The subject property is bordered on the east by two (2) unincorporated County
parcels, which currently contain commercial agricultural uses. These parcels are part of
a separate annexation and FLUM designation change, currently in process. Both
parcels have a County FLUM designation of MR-5 (Medium Residential - 5 units/acre)
and Zoning of AR (Agricultural Residential). These parcels are seeking City FLUM
designations of LD (Low Density Residential, 0-5 units/acre), and zoning of PRD
(Planned Residential Development).
South: The subject_p_roperty is bordered on the south by four (4) unincorporated County
parcels, which currently contain variety of uses, which include: agricultural/commercial,
single family, and vacant. The parcel which contains the agricultural/commercial use
(western most, adjacent to Military Trail), is are zoned AR (Agricultural Residential) and
has a County FLUM designation of MR-5 (Medium Residential - 5 units/acre). The next
parcel east, contains a single family home, and has County FLUM designation of MR-5
(Medium Residential- 5 units/acre) and zoning of RTU (Residential Transitional Urban).
The Next parcel east is vacant, and has the same County FLUM designation and zoning
as the previous. The eastern most parcel is also vacant. This parcel is owned by the
City and part of a separate annexation and FLUM designation change. Currently the
parcel has a County FLUM designation of MR-5 (Medium Residential - 5 units/acre)
and Zoning of AR (Agricultural Residential). This parcel is seeking a City FLUM
designation of LD (Low Density Residential, 0-5 units/acre), and zoning of PRD
(Planned Residential Development).
West: The subject property is bordered on the west by Military Trail right-of-way.
Beyond Military Trail is the Delray Garden Estates single family subdivision, and a
parcel which contains offices and related maintenance facilities for the Lake Worth
Drainage District and the Farm Bureau of Palm Beach County. The single family
subdivision has a County FLUM designation of MR-5 (Medium Residential- 5
units/acre) and Zoning of AR (Agricultural Residential). The office parcel has a County
FLUM designation of INST (intuitional) and Zoning of PO (Public Ownership District).
As described in the Future Land Use Element of the Comprehensive Plan, the Low
Density Residential FLUM designation is applied to land which is developed, or to be
Planning and Zoning Board Staff Report
Winterplace FLUM & Rezoning
Page 6
developed, for single family residential uses. The entire subject area consists of single
family uses, which is compatible with all adjacent uses.
1~ Compliance - Development under the requested designation will comply with
the provisions and requirement of the Land Development Regulations.
Compliance with the Land Development Regulations was addressed with the Master
Plan approval, which was approved by the Planning & Zoning Board at their meeting of
October 11, 1999. Given this fact, a positive finding with respect to compliance with the
City's Land Development Regulations can be made.
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which is part
of the official record. This may be achieved through information on the
application, the Staff Report or Minutes. Findings shall be made by the body,
which has the authority to approve or deny the development application. These
fin~lings relate to the-following four areas:
Future Land Use Map, Concurrency and Comprehensive Plan Consistency were
previously discussed under the "Future Land Use Map Amendment" section of this
report. Compliance with the Land Development Regulations with respect to
Standards for Rezoning Actions and Rezoning Findings are discussed below:
Section 3.2.1 (Basis for Determini.ng Consistency): The performance standards
set forth in this Article either reflect a policy from the Comprehensive Plan or a
principle of good planning practice. The performance standards set forth in the
following sections as well as compliance with items specifically listed as required
findings in appropriate portions of Section 2.4.5 shall be the basis upon which a
finding of overall consistency [Section 3.1.1(C)] is to be made. However,
exclusion from this Article shall not be a basis for not allowing consideration of
other objectives and policies found in the adopted Comprehensive Plan in the
making of a finding of overall consistency.
Section 3.2.2 (Standards for.Rezoning Actions): Standard A, B, C and E are not
applicable with respect to this rezoning request. The applicable performance
standards of Section 3.2.2 are as follows:
D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land uses both existing and proposed; or
that if an incompatibility may occur, that sufficient regulations exist to
properly mitigate adverse impacts from the new use.
Planning and Zoning Board Staff Report
Winterplace FLUM & Rezoning
Page 7
As the property is platted for a 151 single family units, and has received approval
previously from the City, as well as the County, in the form of a master plan,
compatibility with all adjacent uses is not a concem. Perimeter landscape buffers
are provided to mitigate any potential impacts with adjacent properties.
Section'2.4.5('D)(5) (Rezoning Findinqs):.
Pursuant to Section 2.4.5(D)(5), in addition to the provisions of Section 3.1.'1, the
City Commission must make a finding that the rezoning fulfills one of the reasons
for which the rezoning change is being sought. These reasons include the
following:
a. That the zoning had previously been changed, or was originally established, in
error;
b. That there has been a change in circumstances which make the current zoning
inappropriate;
c. That the requested zoning is of similar intensity as allowed under the Future
Land Use Map and that it is more appropriate for the property based upon
circumstances particular to the site and/or neighborhood.
· Items "b" and "c" are the basis for which the rezoning should be granted. The property
is In the unincorporated area of Palm Beach County, however, it is within the City of
Delray Beach Planning Area, as defined in the Comprehensive Plan. The subject
property is being voluntarily annexed into the City, pursuant to the water service
agreement, which requires that appropriate City zoning designations be applied. The
requested PRD (Planned Residential Development) zone district is consistent with the
proposed LD (Low Density Residential, 0-5 units/acre) designation.
COMPLIANCE WiTH LAND DEVELOPMENT REGULATIONS:
As stated previously in this report, compliance with the Land Development Regulations
was addressed with the Master Plan approval, which was approved by the Planning &
Zoning Board at their meeting of October 11, 1999. Given this fact, a positive finding
with respect to compliance with the City's Land development Regulations can be made.
The subject property is not in a geographical area requiring review by the CRA
(Community Redevelopment Agency), DDA (Downtown Development Authority) or the
HPB (Historic Preservation Board).
Palm Beach County Notice:
On April 10, 2002, the Palm Beach County Planning Division was notified of the City's
intent to annex this property. To date, a response has not been received.
Planning and Zoning Board Staff Report
Winterplace FLUM & Rezoning
Page 8
IPARC Notice:
Notice of the Future Land Use Map Amendment was also provided to the Intedocal Plan
Amendment Review Committee (IPARC) which distributes the information to adjacent
municipalities. To date, a response has not been received.
Courtesy Notice:
Courtesy notices were sent to the following homeowner's and civic associations:
· Progressive Residents of Delray (PROD)
· President's Council
· United Property Owners
· Barwick Estates HOA
· Sabal Lakes HOA
· Chatalaine HOA
· Country Manors HOA
· Rainberry Woods HOA
Public Notice:
Formal public notice has been provided to all property owners within a 500 foot radius of
the.subject property. Letters of objection, if any, will be presented at the Planning and
Zoning Board meeting.
The requested LD (Low Density Residential, 0-5 units/acre) Future Land Use Map
designation it is consistent with the advisory designation currently applied, and
consistent with analysis preformed as part of the master plan approval for this
development. Further, the zoning of PRD (Planned Residential Development) is
consistent with the proposed LD (Low Density Residential, 0-5 units/acre) FLUM
designation, and the approved development.
Planning and Zoning Board Staff Report
Winterplace FLUM & Rezoning
Page 9
A. 'Continue with direction.
Recommend approval of the Future Land Use Map amendment from County MR-
5 (Medium Residential - 5 units/acre) to LD (Low Density Residential, 0-5
units/acre) and initial zoning designation of PRD (Planned Residential
Development) based upon positive findings with respect to Future Land Use
Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings),
LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), and consistency with the goals,
objectives and policies of the Comprehensive Plan, subject to the following
condition:
Co
Recommend denial of the Future Land Use Map amendment from County MR-5
(Medium Residential- 5 units/acre) to LD (Low Density Residential, 0-5
units/acre) and initial zoning designation of PRD (Planned Residential
Development) based upon positive findings with respect to Future Land Use
Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings),
LDR Sections-3.1.1, 3.2.2, and 2.4.5(D)(5), with the basis stated.
Recommend approval of the Future Land Use Map amendment from County MR-5
(Medium Residential- 5 units/acre) to LD (Low Density Residential, 0-5 units/acre) and
initial zoning designation of PRD (Planned Residential Development) based upon
positive findings with respect to Future Land Use Element Policy A-1.7 of the
Comprehensive Plan (FLUM Amendment Findings), LDR Sections 3.1.1, 3.2.2, and
2.4.5(D)(5), and consistency with the goals, objectives and policies of the
Comprehensive Plan, subject to the following condition:
Attachments:
· Location Map
L-30 CANAL
· f -- 'MR5
P. tJ.I~.
.ou~v~ ~' ~' 't ~ ~ MRS ]~ SUeR,SE BOULEVARD
~ ~ AR AR ~, ~ ~
, ~ MR5 MR5 ~ ~ - --
,
COM AR
· MR5
N
MAY 2002
CITY LIMITS
C~TY OF DE]RAY BEACH. FL
PLANNING &: ZONING DEPARTMENT
WINTERPLACE F.L.U.M. AMENDMENT
AG R -- EX,ST, NG LAND USE
AR -.-,-- COUNTY ZONING DESIGNATION
MR5-..-_ COUNTY FUTURE LAND USE
MAP DESIGNATION
AGR - AGRICULTURE
COM - COMMERCIAL
SFR - S,NGLE FAMILY
VAC - VACANT
AR, RTU - RESIDENTIALZONiNG
CG - COMMERCIALZONiNG
MR5 - RESIDENTIAL LAND USE, 5 UNITS/ACRES
CHO/8 - COMMERCIAL HIGH OFFICE LAND USE
MAP REF LM5g2
COMPREHENSIVE PLAN AMENDMENT 02-1
CITY OF DELRAY BEACH, FLORIDA
SUPPORT
DOCUMENT
#3
Gleason Street Parcels FLUM Amendment Staff Report
SD #3
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
May 20, 2002
IV. i-3.
City Initiated Future Land Use Map Amendment From MD (Medium Density
Residential 5-12 du/ac) to CC (Commercial Core) for a Property Located on
the East Side of Gleason Street, Approximately 94 Feet South of East
Atlantic Avenue.
Applicant/Agent ............... City of Delray Beach
Owner ............................. William R. Swindle, TR.
Location .......................... Located on the East Side of
Gleason Street, Approximately
. 94 Feet South of East
At]antic Avenue.
Property Size .................. 0.27 Acres
Existing FLUM ................ MD (Medium Density Residential
5-12 du/ac)
Proposed FLUM ............. CC (Commercial Core)
Current Zoning ................ CBD (Central Business District)
Adjacent Zoning ..... North:
East:
CBD (Central Business District)
CBD (Central Business District)
CF (Community Facilities)
CF (Community Facilities)
RM (Multiple Family Residential) &
CBD (Central Business District)
Offices
Same as existing
Existing on site
South:
West:
Existing Land Use ............
Proposed Land Use .........
Water Service ..................
Sewer Service .................. Existing on site
STREET
,OROVE
CONDO
tllJl~lltl
E£ACH
BERKSHIRE
BY THE SEA
MANOP HOUSE
CONDO
RESORT
ATLANTIC
DELRA Y BEACH
MARRIOTT
AV
IV. 1-5.
The action before the Board is making a recommendation to the City Commission on a City
initiated corrective Future Land Use Map (FLUM) amendment from MD (Medium Density
Residential 5-12 dulac) to CC (Commercial Core) for a portion of the Frances Brewster
property (1100 E. Atlantic Avenue).
The subject property is located on the east side of Gleason Street, approximately 94' south
of East Atlantic Avenue and contains 0.27 acres.
Pursuant to LDR Section 2.2.2(E), the Local Planning Agency (Planning and Zoning Board)
shall review and make a recommendation to the City Commission with respect to all
amendments to the City's Future Land Use Map.
The subject property consists of Lots 4-8, Block 4, Ocean Park Subdivision, and is part of a
mixed-use development (Lots 1-8) consisting of retail shops, offices and apartments. The
original structure was built in 1954 as a mixed-use development with retail on the first floor
and apartments on the second floor. There have been numerous modifications over the
years. The site currently contains an 8,300 sq.ft, building with approximately 5,800 sq.ft, of
retail on the first floor, 2 apartments and 2 offices on the second floor, and 22 on-site
parking spaces.
Prior to 1989, the property's Future Land Use Map designation was C (Commercial) and
the zoning designation was LC (Limited Commercial). With the adoption of the City's
Comprehensive Plan and Future Land Use Map in November 1989, the FLUM designation
for Lots 4-8 was changed to MD (Medium Density Residential 5-12 du/ac) and the
designation for Lots 1-3 (adjacent to Atlantic Avenue) was changed to CC (Commercial
Core). Subsequently, the entire property was rezoned from LC to CBD (Central Business
District) with the adoption of the Land Development Regulations and Citywide rezoning in
October 1990.
Pursuant to Land Development Regulation Section 3.1.1(A) (Future Land Use Map),
all land uses and resulting structures must be allowed in the zoning district within
which the land is situated and, said zoning must be consistent with the land use
designation as shown on the Future Land Use Map.
The property's current MD (Medium Density Residential 5-12 du/ac) Future Land Use Map
designation is inconsistent with its current CBD (Central Business District) zoning
designation, and does not permit the existing mixed-use development. This portion of the
site is part of an overall commercial development and as such should have a similar
commercial designation. The Future Land Use Map amendment is being sought to
eliminate an existing inconsistency with the CBD zoning and commercial use of the site.
P & Z Board Staff Report
1100 E. Atlantic Avenue (former Frances Brewster Property) - Corrective FLUM Amendment from
MD to CC
Page 2
REQUIRED FINDINGS:
Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map
must be based upon the following findings:
Demonstrated Need - That there is a need for the requested land use. The need
must be based upon circumstances such as shifts in demographic trends,
changes in the availability of land, changes in the existing character and FLUM
designations of the surrounding area, fulfillment of a comprehensive plan
objective or policy, or similar circumstances. The need must be supported by
data and analysis. This policy shall not apply to requests for the FLUM
designations of Conservation or Recreation and Open Space.
The current FLUM designation of MD on the property (south 166.7') is inappropriate as
the Medium Density Residential designation is inconsistent with the commercial use on
the property as well as the property's commercial zoning of CBD. This corrective
amendment will apply a Future Land Use Map designation of Commercial Core on the
entire property reflecting the commercial use of the property which has continued since
the 1950's. Thus, the amendment will eliminate an inconsistency and correct a mapping
error.
Consistency -- The requested designation is consistent with the goals, objectives,
and policies of the most recently adopted Comprehensive Plan.
The proposed FLUM amendment to CC is corrective in nature and eliminates the
confusion of having dual Future Land Use Map designations on one mixed-use site.
Comprehensive Plan Policies:
A review of the applicable Comprehensive Plan Policies was conducted and the
following applicable policy was identified.
Coastal Manaqement Element Policy C-3.2 - There shall be no change in the intensity
of land use within the barrier island and all infill development which does occur shall
connect to the City's storm water management system and sanitary sewer system.
It is noted, the proposed FLUM amendment will change the potential intensity of the
land use, as the Commercial Core designation allows commercial uses. However, the
current MD FLUM designation was established in error and there are currently no
changes proposed to the site with this FLUM amendment that would increase the
intensity of the uses on the property. With regards to residential density, within the CBD
zoning district residential density is limited to 12 units per acre on properties east of the
Intracoastal Waterway. Thus, there will be no increase in residential density potential.
Concurrency -- Development at the highest intensity possible under the
requested designation can meet the adopted concurrency standards.
P & Z Board Staff Report
1100 E. Atlantic Avenue (former Frances Brewster Property) - Corrective FLUM Amendment from
MD to CC
Page 3
The proposed FLUM amendment is corrective in nature and no new development or
redevelopment is proposed with the request. Thus, the request will have no impact with
respect to Concurrency.
Compatibility - The requested designation will be compatible with the existing
and future land uses of the surrounding area.
The requested designation of Commercial Core is consistent with existing uses on the
property as well as the land use designation of the adjacent commercial properties. The
designation is compatible with the adjacent land uses. The property is surrounded by a
mix of commercial, multi-family residential and church uses. It is noted that the multi-
family development to the west currently has an underlying land use designation of
Commercial Core and is currently in the process of being rezoned from RM to CBD.
Since no development changes are proposed and the current uses have existed on the
site since the 1950's, no compatibility concerns are noted with the surrounding uses.
Compliance -- Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
T. he subject property is developed and no additional improvements are proposed with
this request. -'
The development proposal is not located within the geographical area requiring review by
the Historic Preservation Board.
Community Redevelopment Agency
The CRA reviewed and recommended approval of the request at its meeting of May 1,
2002, and recommended approval.
Downtown Development Authority
The DDA reviewed and recommended approval of the request at its meeting of May 15,
2002, and recommended approval.
Courtesy Notices:
A special courtesy notice was provided to the PROD (Progressive Residents of Delray), the
President's Council and the following homeowners associations:
· Beach Property Homeowners Association
· Via Marina
P & Z Board Staff Report
1100 E. Atlantic Avenue (former Frances Brewster Property) - Corrective FLUM Amendment from
MD to CC
Page 4
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. Two letters opposing the proposed FLUM amendment have been
received from residents of the Venetian Village Condominium. Additional letters of
objection or support, if any, will be provided at the Planning and Zoning Board meeting.
The existing FLUM designation of MD (Medium Density Residential 5-12 du/ac) is
inappropriate for the property as it is zoned CBD (Central Business District) and contains
an existing commercial development, which has existed for many years. The uses will not
be affected by the proposed change. The FLUM amendment will correct a mapping error
and result in FLUM and zoning consistency for the property. No new development or
redevelopment is proposed with this request. Positive findings can be made with respect
to Future Land Use Element Policy A-1.7 (FLUM Amendments Findings) of the
Comprehensive Plan, and Section 3.1.1 of the Land Development Regulations. Further,
the FLUM amendment is consistent with the goals, objectives, and policies of the City's
Comprehensive Plan.
Continue with direction.
Recommend to the City Commission approval of the corrective Future Land Use
Map amendment from MD to CC based upon positive findings with respect to Future
Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment
Findings), and LDR Section 3.1.1, and consistency with the goals, objectives, and
policies of the City's Comprehensive Plan.
Recommend to the City Commission denial of the corrective Future Land Use Map
amendment from MD to CC, based upon a failure to make positive findings with
Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM
Amendment Findings) and Section 3.1.1 (A) of the Land Development Regulations,
with the basis stated.
Recommend to the City Commission approval of the corrective Future Land Use Map
amendment from MD to CC based upon positive findings with respect to Future Land Use
Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings) and LDR
Section 3.1.1, and consistency with the goals, objectives, and policies of the City's
Comprehensive Plan.
Attachments: Location map, Future Land Use Map & Zoning Map
P & Z Board Staff Report
1100 E. Atlantic Avenue (former Frances Brewster Property) - Corrective FLUM Amendment from
MD to CC
Page 4
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. Two letters opposing the proposed FLUM amendment have been
received from residents of the Venetian Village Condominium. Additional letters of
objection or support, if any, will be provided at the Planning and Zoning Board meeting.
The existing FLUM designation of MD (Medium Density Residential 5-12 du/ac) is
inappropriate for the property as it is zoned CBD (Central Business District) and contains
an existing commercial development, which has existed for many years. The uses will not
be affected by the proposed change. The FLUM amendment will correct a mapping error
and result in FLUM and zoning consistency for the property. No new development or
redevelopment is proposed with this request. Positive findings can be made with respect
to Future Land Use Element Policy A-1.7 (FLUM Amendments Findings) of the
Comprehensive Plan, and Section 3.1.1 of the Land Development Regulations. Further,
the FLUM amendment is consistent with the goals, objectives, and policies of the City's
Comprehensive Plan.
A. Continue with direction.
Recommend to the City Commission approval of the corrective Future Land Use
Map amendment from MD to CC based upon positive findings with respect to Future
Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment
Findings), and LDR Section 3.1.1, and consistency with the goals, objectives, and
policies of the City's Comprehensive Plan.
Co
Recommend to the City Commission denial of the corrective Future Land Use Map
amendment from MD to CC, based upon a failure to make positive findings with
Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM
Amendment Findings) and Section 3.1.1 (A) of the Land Development Regulations,
with the basis stated.
Recommend to the City Commission approval of the corrective Future Land Use Map
amendment from MD to CC based upon positive findings with respect to Future Land Use
Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings) and LDR
Section 3.1.1, and consistency with the goals, objectives, and policies of the City's
Comprehensive Plan.
Attachments: Letters of Opposition, Location Map, Future Land Use Map & Zoning Map
Wi'LLIAM M. HAYTER
14 EMMA PLACE
EATONTOWN, N.J. 07724
'OR
75 'v~NETIAN DR_
DELRAY BEACH, FLA~ 33493
C/TY OF DELRAY BEACH
DELKAY BEACH, rW_A.
A~: PLA_N~G ~ ZONE~G
TO "~nHOM iT I~&Y CONu_--!R_N:
I .kND ]v3' ?._~LOW ESDF_.NTS )~S ~SB=I~kTLY OPPOSSED TO
~SE CN~i~GE5, )~ ~ 1¢~2~R ~ '~C~CH ~Y .~ PROPOSED
~Y ~ COi~5~_Y i~ DC b!~T~ MOST OF Tl~ ~S~S
~ OO~ FOR ~ SEASON. RE~T!.~ A~ P~pLTT~ ~l ~ A~ SNOW
B~5, ~ PAY Ob~ Y.~S A~ SHO~D ~&%~ A PdG~ TO BE
AGO ~d T~ D~T.~DqG T~AT I WAS ~ A ~S~~
A~OUGH O~ OF ~GH D~S~, D~ TO ~ FACT ~_~T ~
BECAUSE I LOW *~= TOg,~ .~ND ~ LOCATION. ~ DON'T
CO]~kCL~ BUn D~GS _~ P_~G OA3~OES ~ O-~ BACK
! ~ON ~S ONW_Y BBCAUSE I ~~ TI~&T ~S IS O~_Y A
32~ USE C~¢E. BLT I i~PP~ TO i~OW T-IAT A ~iGH ~SE
SUCH CHkNC-ES. CE'_RTAiNLY NOT ~ RESIDENq'S, WHO, BY TI-iS WAY.
~U~AVE lUST Br~-N ASSESSED A 33% TAX INCKEASE, MAtNrLY DUE TO TH~
CITY TAX TfiAT HAS R/SEN DRAST}CALLY UNDER TH]5 NEW
ADMINISTi~iTION.
PLEASE CONSIDL-R DAR.KY'L BUSH MY R~PRESL-N. U~ATI\m: TO SPEAK
~ MY BE:4LF. ~ BUSH tS A ~LL ~O%~ LOC~ ~.~ ESTA~ PERSO:<
~T C.~ CO]~ ON W~AT ~SE CIA~NOES W~L DO TO OUR
PR OP~TY VALUES.
IRE_'~.
PS 1 AM ALSO T_----_-- PP~S,,~ENT 0.-- \:E]~7!.'-£< ViLLA.S_=
.-'.SSOCLATiON
Venetian Village Condominium Assoc., Inc
75 Venetian Dr/ve
Delray Beach, Flor/da 33483
May 14, 2002
Mt. Paul 'o '"'" ' ' o
Doflm~, Dir_mr P,annm= and Zoning
] 00 N.W.]~ Avmme
RE: Fries 2002-200, 2t4, and ~_~4
Dgar ldr. Dorhng.
'~;~an Vili~-" Condominium .~soziafion is ifi~__2gy oppos=d ~:o am' cl-~.n=~e m
fe~ zonm,, ciassflSza~-bn ~ ofth~ mwacoastal bridge on Atlamic Avsnu_% We feel thaz
'rh~ zoning ciassLfir, m:ion,. '-mukipl~ fatuity residential - m~diurn der. sin?' is x,e~~
iliuswadvs of om. b-'..a~5.d b:azh n=ighborhood. We are srrongty a~ an5, changs
~ .sper. ial}y to, "Cmu'a] B,~iness Dis-a-icl'. W~ resid, on a bm'Tier island not in a eentr-at
business disrri~
PI,me. plaze om' a.~. asition on the public rezord._
Thank you ior yom' ronsid..'-ml:ion.
Joseph A. Regan
75 Venetian Drive 4B
Dekay Beach, Florida 33483
May 14, 2002
]Va. Paul Darling Dir-~'tor Planning and Zoning
] 00 N.W. ] ~ Avmue
Dzlray Beach, r--'lofid~ 33~-~ ~,
/RE: 2002500: 234, and 234
Dsm- Mir. Doflm~
We are i~ rezei.w, of letters fi-om your office re=~arding pro.tx)seal chan~es in zonin~
or furore la~d map ,use for three pro?~.~es vem~ ciese
My wif~ ~m~ ~ fee! ~-rron~y a~ an), changes from medium ciensi~' rssicientia~
u,-/.'lizarion
We are v~-~3.' happy iixfing on our idyllic bm~--ier island as it exi~r.s at present.
A~iantic Avenue mst of th, intracoasml a,~w~' should n~ver b~ changed io be part of
D~kay B~ach's, "cznu-a] business
Our quali~' of iifz in thi_q p-~'aceful neigJaborhood as it now exLv. s is exactly whm
we dream~ about since our first, xdsk m D~iray Beach/n late 1972. Pl~ase note that
hal say Delray Central Business District Beach.
This i ~d,eal and the po~ thr~a~ to our protym-y values d~..,-riomting demands
tb~t we stand very. strongly ~ an5' change in the cra-rent zoning regulaZions.
Please ent.'-r om fu-'m d~j~ons ~ Files~,_ ~ *00'-'~00__ ,_*00'-*1~__ . and _*00'-*~4___
Thank you for yom awmrion to '~s roamer.
BY: BD&W REALTORS,IN~.; 5Bt ~78 BBBB; MAY-14-02 12:41PM; PIDE I/1
6D-80 V~ DR/V~
DELRJkY BEACH, FLOR.IDA 33483
May 14. 2002
City of Dclray Beach
Plmming and Zoning D~m-~t
R~.: pbmned z_.~ning ehang_=s from Ol:ason to V=nsti~n
Th= r:sid:nts of Miramar Gard:n Apda.. inc. vigorously obj=c't to this zoning change. I r=fcr to
th~ Tr:~ur= Co~t P, cgion~l plm',ning Council publication page 47 designating thig m'-..a for ~_
parking garag:./'nc imp~t off, is four story commm-oia] sU-mztur¢ would be dev~mdng zb thc
citiz:ns who Iiv: in this m-=m Tn: traAgc on Vom~tim~ would bc horrific. Think Linton Blvd.
Th= b=mlty of DeL-ay b=ach is in th: oa:~u, the beatttiful gr~=n are,~, th= tr~ iin=d strc=m; and
th= f~l of a small town. Tt~ is whm has brought u~ the pro~p.~riry we mujoy...let us not rain our
b=antiful =iry with unsLMatly four mory commercial buildings.
Simply,
Betty Diggaus
Vice
MAY ! 4 ZDDZ
1070 Evergreen Court
Box 372
Eden Valley, MAI 55329
May 16, 2002
Dear Paul Dorling:
In 1962 my father watched MiraMar being built. Fie and my mother were the first couple to buy
a unit in the complex. Both of my folks have pa~sed away and now my husband and I spend the
winter months in Dclray Beach. We enjoy the time in the area, as it is residential. Oh, there is tl~
little shopping area, but no abundance of cars. Yes, it is a lovely area to live. Hopefully in future
years we can live ther~ year around.
Now we hear you warn to ruin our quiet area by putting up a 4 story-parking rarap. We want you
to know we are ver~ much o~oosed to this idea. It will ruin our quiet residential living area. The
majority of us are senior citizem and we enjoy the peace and quiet ama that we have chosen to
You have passed up plenty of opportunities to build your parking ramp in commercial areas.
Wiry are you trying to ru~ our ama? Again - we are ver~ much oopo _~d to it. Please reconsider
your ]aim-brained idea.
Marvin & Jane Anderson
60 Vermian Drive
Apt. 100N
RECEIVED
MAY~%?--02 09:$$ AM MAIL ~0X£$ ETC. PLAISTOW 603 352 1515 P.82
May i~, 200~
Delmy Be~h,Ci~ Nail
100 N.W. Ia ~.venue
Dclray BeachI FL 33444
ATTN: Mr. ~orling
Plsn~ing & ~ning ~p~t
Pl~e ~onsid~r ~is le~er ~ ~e ~ongest po~ible vo~ in opp~ition to ~e pro~s~ ~z~ing of Lot
Block C, Jo~ a. ~id's Vill~e, to CBD. It is o~ ~ders~dMg ~e o~e~s) pl~'to ~e~ a l~ge p~ing
~ge on ~e ~mpe~. ~ ~all, congested ~a h~ old Cal~so fo~d do~ o~ ~om, c~ing
&ia.. noise.~idn~ ~ .ont ofo~ complex due to ~e n~o~ess of Ven.tian ~ ~t ~.
~o bl~k ~a~m~ ~v~ ~ Ole~on S~eet) pl~ for ~ ~necess~ ~e, ~us~g mo
~est~on, no~se ~d f~der b~d~n. A ~e not to ~ used by ~e local o~em or gues~- ~1 ~omplexes
have the~ o~ p~g fadlitits.
~ h no l~d o~ ~e lsl~ ~ially ~at ~ for ~y ~m~ cons~cfion. However, on
ne~ S~n~n, ~em ~ a-~at &al ofhousi~ c~plex ~stmction: ~ well ~ on F~eml Hi,way,
~ d~on~. If~d a ~ge is ne~- it would most c~inly ~ in ~at ~e~ ~ ~e m~ofl~ of
pmbi~s, we ~hould ~ ex,ed to ~d~, S~ly c~on ~nse, combed wi~ ~e fa~, mu~ p~vail
~ ~ m~. Is it ~ot ~ for ~e feelings ~d wBh~s of loyal ~y B~h msiden~ to receive
b~d: k is mc at ~e~ not ne~ on ~e ~a~ overburd~ed Ven~ti~ ~ive ~d Ole~on $~.
p~ing avatl~l~l~ ~n ex~ ~sidmts who hsv~ liv~ ~tre f~ ye~, haw ~ lives ~mp~ly
~ o~io~ gov~t mlin~. Pl~e don't let ~is ~p~n again. P~e ~nsid~ ~ resid~, not
· e ~mi~ d611~ or ~Io~ of~e ~ople making ~t ~ue~ ~is tim~. ~ you. '
Respectfully,
60 Venetian Dive
DeL, ay Beach.
I4arriett l~aglia
60 Venetian Drive
D=lray Beach, FL
RE ..... VED
1 7 200Z
t"LAl l ll u & Zoi4ii G
-- · THOIdAS STREET
] I ' / ! - - ~ i BEACH CLUBS
' J / W COrnY ' ' . ~ SmEET MANOR HOUSE
VETERANS I ~ I SUMMIT %~i~ ~
ATLANTIC AVENUE
~ ~ I ~ i JARDiN DEL MAR I~
N Cl~ INITIATED
~ CORRECTIVE MAP AMENDMENT
Cl~ ~ D/~AY BEACH,
PLANNING ~ Z~ING DEPAR~ENT
, ~m
~'
~ i ~I~ i~~~II ---~
~IRAMAR STREET , '~j,,
11 I CONPO °1.
N
~ FLUM
~ ~ D~AY BEACH, ~
PLANNIND & ~INO D~AR~T
I I
OROVE
CONDO
STA.
NO. 2
SPA NISH
RIVER
RESORT
ATLANTIC
AVENUE
DELRA Y BEA CH
MARRIOTT
MIRAMAR STREET
RM
DOVER HOUSE CONDO
OCEAN PLA CE
CONDO
N
CITY OF DF. gRAY BEACH, FL
PLANNING & ZONINGDEPAR"I'MENT
ZONING
---- DIGITA~ ~SE- M~0 SYSTEM --
COMPREHENSIVE PLAN AMENDMENT 02-1
CITY OF DELRAY BEACH, FLORIDA
SUPPORT
DOCUMENT
#4
Existing Standards for Tiered Level of Service Table
(Public Schools Facilities Element- Table A.1.1)
SD #4
Table A-1.1
Standards for Tiered Level of Service
I Elementary 120 110
Middle 130 125 1110
I
High 110
2 Elementary 110
Middle 130 130 110
High 1115 115 115 1110
3 Elementary 110
Middle 130 130 110
High 115 115 115 [ 110
I
4 Elementary 115 110
Middle 130 130 110
High 115 115 115 1110
i
5 Elementary 110
Middle 130 130 115 110
High 135 135 130 130 1110
I
6 Elementary 110
Middle 130 130 120 110
High 120 120 120 110
8 Elementary 110
Middle 130 130 125 115 110
High 125 125 120 115 110
9 Elementary 110
Middle ,125 125 125 115 1110
I
High 120 120 120 110
10 Elementary 135 120 110
Middle 125 125 125 125 1110
I
High 120 120 120 110
Table A-1.1 (Continued)
GSA Facility Type 2000-01 2001-02 2002-03 12003-04 12004-05 2005-06
11 Elementary 135 135 110
Middle 125 125 125 110
!High 125 125 125 110
12 !Elementary 140 130 120 115 110
! Middle 135 135 135 115 110
High 135 135 135 120 110
14 ! Elementary 125 125 115 110
Middle 135 135 135 115 110
High 135 130 130 115 110
15 Elementary 135 135 115 115 110
~ Middle 125 125 125 110
High 135 135 135 110
16 Elementary 130 115 110
Middle 120 120 120 115 110
High 135 135 135 120 110
17 Elementary 130 125 110
Middle 135 130 130 110
High 145 120 120 110
18 Elementary 120 115 115 115 110
Middle 120 120 120 120 110
High 145 120 120 115 110
19 ~ Elementary 110
~ Middle 110
20 Elementary 110
I Middle 125 110
Table A-1.1 (Continued)
CSA Facility Type 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06
!21 Elementary 115 1t0
Middle ! 125 125 125 110
High 125 125 125 115 1110
I
~22 Elementary 110
Middle 1110
High 110
23 Elementary '110
Middle 110
High 110
County Alternative 110
wide Schools
Source: Based on data depicted in the School District of Palm Beach County FY2001-FY2005 Five-Year Plan and
FY 2001 Capital Budget, June 2000, and the actual count of students in the second semester of the 2000-01
school year.
COMPREHENSIVE PLAN AMENDMENT 02-1
CITY OF DELRAY BEACH, FLORIDA
SUPPORT
DOCUMENT
#5
Existing Maximum Utilization Table
(Pubfic Schools Facilities Element- Table A-1.2)
SD #5
Table A-1.2
MAXIMUM UTILIZATION TABLE:
Standards for Utilization of Capacity
CSA I Facility Type 2000-01 2001-02 2002-03 12003-04 2004-05 2005-06
I ! Elementary 165 125 125 120 120 120
Middle 130 125 120 120 120 120
High 120 120 120 ,120 120 120
2 Elementary 120 120 120 120 120 120
Middle 130 130 120 120 120 120
High 120 120 120 120 120 120
3 Elementary 120 120 120 120 120 120
Middle 130 130 ~ 120 120 120 120
High 120 120 120 120 120 120
4 Elementary 155 150 120 120 120 120
Middle 135 135 120 120 120 120
High 135 135 130 130 120 120
5 Elementary 155 150 ~120 120 120 120
Middle 140 135 120 120 120 120
High 135 135 130 130 120 120
Elementary 155 145 120 120 120 120
6
Middle 135 135 120 120 120 120
High 120 120 120 120 120 120
8 Elementary 160 160 160 145 120 120
Middle 135 135 135 130 120 120
High 120 120 120 120 120 120
9 Elementary 120 120 120 120 120 120
Middle 135 135 135 130 120 120
High 120 ;120 120 120 120 120
10 Elementary 205 ,165 120 120 120 120
Middle 1135 135 135 135 120 120
High 120 120 120 120 120 120
Table A-1.2 (Continued)
CSA Facility Type 2000-01 2001-02 2002-03 2003.04 2004-05 2005-06
11 Elementary 245 245 120 120 120 120
Middle ~125 125 120 120 120 120
High 125 125 120 120 120 120
12 Elementary 150 150 125 120 120 120
Middle 145 145 145 125 120 120
High 135 135 135 120 120 120
14 Elementary 140 135 135 130 120 120
Middle 145 145 145 125 120 120
High 165 ~120 120 120 120 120
t5 Elementary 180 :180 165 ~140 120 120
Middle 130 130 125 120 120 120
High 135 ~135 135 120 120 120
16 Elementary 200 120 120 120 120 120
Middle 140 125 125 125 120 120
High 135 135 135 120 120 120
17 Elementary 205 205 125 125 120 120
Middle 175 175 175 120 120 120
High 145 120 120 120 120 120
18 Elementary 130 120 120 120 120 120
Middle 130 130 130 130 120 120
High 160 120 120 120 120 120
19 Elementary 120 120 120 120 120 120
Middle 120 120 120 120 120 120
High 170 135 135 135 120 120
20 Elementary 140 140 140 135 120 120
Middle 130 120 120 120 120 120
High 170 145 145 130 120 120
Table A-1.2 (Continued)
CSA Facility Type 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06
21 Elementary 165 145 120 120 120 120
Middle 155 155 155 120 120 120
High 145 145 145 120 120 20
22 Elementary 120 120 120 120 120 120
Middle 120 120 120 120 120 120
High 120 120 120 120 120 120
23 Elementary 300 120 120 120 120 120
Middle 120 120 120 120 120 120
High 120 120 120 120 120 120
County Alternative 120 120 120 120 120 ,120
Wide Schools
Source: Based on data depicted in the School District of Palm Beach County FY2001-FY2005 Five-Year Plan and
FY 2001 Capital Budget, June 2000.
COMPREHENSIVE PLAN AMENDMENT
CITY OF DELRAY BEACH, FLORIDA
02-1
SUPPORT
DOCUMENT
#6
Proposed Standards for Tiered Level of Service Table
(Public Schools Facilities Element- Table A-1. ~)
SD #6
Proposed Table A-1.1
Standards for Tiered Level of Service
CSA Facility Type 2002-03 {2003-04 [2004-05 12005-06
I Elementary 110
Middle 110
High 110
~ 2 Elementary 110
Middle 110
High 125 I 110
!3 Elementary 110
Middle 110
High 125 1120 1110
4 Elementary 110
Middle 110
High 125 1120 II10
5 Elementary 110
Middle 110
High 130 1130 1110
,6 Elementary 110
Middle 125 120 110
High 125 "120 110
18 Elementary 110
Middle 125 125 110
High 120 120 110
I
9 Elementary 125 !125 110
Middle 125 115 110
High 120 130 110
10 Elementary 110
Middle 125 125 I 110
High 120 110
Proposed Table A-1.1 (Continued)
11 Elementary 110
Middle 125 1110
High 110
12 Elementary 110
Middle 135 120 110
High 140 120 110
14 Elementary 115 110
Middle 140 ! 140 110
High 115 115 110
15 Elementary 110
Middle 135 1135 110
High 120 120 110
: 16 Elementary 130 130 110
Middle 122 125 ! 110
High 150 150 110
17 Elementary 110
Middle 110
High 115 110
18 Elementary 125 125 110
Middle 140 140 110
High 140 120 110
19 Elementary 110
Middle 110
High 110
20 Elementary 110
Middle 110
High 130 1130 1110
Proposed Table A-1.1 (Continued)
21 Elementary 110
Middle 110
High !110
22 ' Elementary 110
Middle 110
High 110 1120 [110
23 Elementary 110
Middle 110
High 110
COMPREHENSIVE PLAN AMENDMENT 02-1
CITY OF DELRAY BEACH, FLORIDA
SUPPORT
DOCUMENT
#7
Proposed Maximum Utilization Table
(Pubfic Schools Facilities Element- Table A-1.2)
SD #7
Proposed Table A-1.2
MAXIMUM UTILIZATION TABLE:
Standards for Utilization of Capacity
CSA Facility Type 2002-03 2003-04 2004-05 12005-06
1 Elementary 130 130 110
Middle 120
High 120
2 Elementary 120
Middle 120
High 125 1120
I
3 Elementary 120
Middle 120
High 125 125 120
4 Elementary 125 125 120
Middle , 120
High 130 120 110
5 Elementary 125 125 120
Middle 120
High 130 130 120
Elementary 1125 '~ 125 120
6
Middle 135 130 120
High 125 125 120
8 Elementary 120
Middle 135 1135 1120
High 120
9 Elementary 130 130 120
Middle 135 130 120
High 130 130 120
10 Elementary 130 130 120
Middle 140 140 120
High 120
Proposed Table A-1.2 (Continued)
CSA Facility Type 2002-03 12003-04 12004-05 12005-06
11 Elementary 120
Middle 120
High 120
12 Elementary ;130 130 120
Middle 145 130 120
High 145 120
14 Elementary 135 135 120
Middle 145 145 120
High 120
15 Elementary 145 145 120
Middle 140 140 120
High 135 120 120
16 Elementa~ 175 175 120
Middle 150 150 120
High 150 150 120
17 Elementary 155 150 120
Middle 130 130 120
High 135 135 120
18 Elementary 135 135 120
Middle 140 140 120
High 145 125 120
19 Elementary 130 125 120
Middle 120
High 145 1130 1120
20 Elementary 120
Middle 120
High 145 1130 1120
Proposed Table A-1.2
MAXIMUM UTILIZATION TABLE:
Standards for Utilization of Capacity
CSA Facility Type 2002-03 2003-04 2004-05 12005-06
1 Elementary 130 130 110
Middle 120
High 120
2 Elementary 120
Middle 120
High 125 1120
I
3 Elementary 120
Middle 120
High 125 125 120
4 Elementary 125 125 120
Middle 120
High 130 120 110
5 Elementary 125 125 120
Middle 120
High 130 130 120
Elementary 125 125 120
6
Middle 135 130 120
High 125 125 120
8 Elementary 120
Middle 135 1135 1120
High 120
9 Elementary 130 130 120
Middle 135 130 120
High 130 '130 120
10 Elementary 130 130 120
Middle 140 140 120
High 120
Proposed Table A-1.2 (Continued)
CSA Facility Type 2002-03 12003-04 12004-05 2005-06
11 Elementary 120
Middle 120
High 120
12 Elementary 130 130 120
Middle 145 130 120
High 145 120
14 Elementary 135 135 120
Middle 145 145 120
High 120
15 Elementary 145 145 120
Middle 140 140 120
High 135 120 120
16 Elementary 175 175 120
Middle 150 150 120
High 150 150 120
17 Elementary 155 150 120
Middle 130 130 120
High 135 135 120
18 Elementary 135 135 120
Middle 140 140 120
High 145 125 120
19 Elementary 130 125 120
Middle 120
High 145 1130 [120
20 Elementary 120
Middle 120
High 145 1130 112o
Table A-1.2 (Continued)
CSA Facility Type 2002-03 2003-04 2004-05 12005-06
21 Elementary 135 135 120
Middle 135 135 120
High 145 145 120
22 Elementary 120
Middle 120
High 120
23 Elementary 120
Middle 120
High 120
TO:
THRU:
FROM:
SUBJECT:
DAVlD~;'T'2 HA~DE~I'),_,CI'~. MANAGER
DAN MARFINO, PRINC~AL PLANNE~~~
MEETING OF JULY 16, 2002 *FIRST READING~
FUTURE LAND USE MAP AMENDMENT FROM COUN~ MR-5 (MEDIUM
RESIDENTIAL-5 UNITS/ACRE) AND COUNTY CliO/8 (COMMERCIAL HIGH
OFFICE-8 UNITS/ACRE) TO CI~ LD (LOW DENSI~ RESIDENTIAL, 0-5
UNITS/ACRE) AND CITY GC (GENE~L COMMERCIAL), AND ASSIGN INITIAL
ZONING OF PRD (PLANNED RESIDENTIAL DEVELOPMENT) AND PC
(PLANNED COMMERCIAL), FOR ELEVEN (11) PARCELS OF ~ND
CONTAINING APPROXIMATELY 54.5 ACRES, LOCATED NORTH OF ~KE IDA
ROAD BE~EEN BARWICK ROAD AND MILITARY TRAIL.
The subject property contains 11 unplatted parcels of land totaling 54.5 acres. The subject parcels
are currently in unincorporated Palm Beach County within the City's Planning Area, more
particularly described as a portion of Annexation Area "E" (the North Military Trail Area), as per the
Future Land Use Element of the Comprehensive Plan. All parcels were recently acquired by the
City of Delray Beach, and are being separately processed as voluntary annexations at this time. All
parcels will maintain their current County Zoning and Future Land Use Map Designations; until
such time that Comprehensive Plan Amendment 2002-1 (02-1) is adopted.
The proposal before the Commission is to apply City zoning of PC (Planned Commercial) and
Future Land Use Map designation of GC (General Commercial) to 6.63 acres of the subject area,
with the remaining 47.87 acres receiving City zoning of PRD (Planned Residential Development)
and a Future Land Use Map designation of LD (Low Density, 0-5 units/acre).
Positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan
(FLUM Amendment Findings), Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development
Regulations and the Goals, Objectives, and Policies of the Comprehensive Plan, can be made.
,,,,, PLANNING AND ZONING BOARD, CONSIDERATION,~, , , , ,,
At its meeting of May 20, 2002, the Planning and Zoning Board considered the request at a public
hearing. Jim Lang, an adjacent property inquired as to what the LD Land Use Designation
encompassed. There was no other public comment. After reviewing the staff repod and
discussion, the Board voted 6 to 0 (Randolph absent), to recommend approval.
By motion, approve on first reading the ordinance for the application of an initial zoning of PC
(Planned Commercial) and PRD (Planned Residential Development) and Future Land Use Map
designations of GC (General Commercial) and LD (Low Density, 0°5 units/acre), based upon the
findings and recommendation by the Planning and Zoning Board, and set a public hearing date of
October 1, 2002 (after review by Department of Community Affairs).
Attachment:
· P & Z Staff Report of May 20,2002.
· Ordinance
S:i P&Z~boards~citycommissionlBarwickAreaFL UM-CCDocc. doc
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Owner/Applicant ...............
Location ..........................
Property Size ..................
Existing FLUM ................
Proposed FLUM .............
Current Zoning ................
Adjacent Zoning ..... North:
East:
South:
West:
Existing Land Use ............
May 20, 2002
IV. I-1.
City Initiated Future Land Use Map Amendment From County CHO/8 (Commercial
High Office - 8 Units/Acm), and MR5 (Medium Residential - 5 Units/Acm) to City
GC (General Commercial) and LD (Low Density Residential, 0-5 Units/Acm) for
Several Parcels Located South of the L-30 Canal, Between Barwick Road and
Military Trail.
City of Delray Beach
Located South of the L-30
Canal, Between Barwick
Road and Military Trail.
54.5 Acres
.~ounty CliO/8 (Commercial
High Office - 8 Units/Acm)
& MR5 (Medium Residential- 5
Units/Acm)
City of Deiray Beach GC
(General Commercial) & LD
(Low Density Residential,
0-5 Units/Acre)
County AR (Agricultural Residential)
& CG (General Commercial)
County AR (Agricultural Residential) &
RS (Single Family Residential)
County AR (Agricultural Residential) &
City of Deiray Beach R-l-AA
(Single Family Residential)
City of Deiray Beach RM
(Multiple Family Residential)
County AR (Agricultural) &
GC (General Commercial) &
PUD (Planned Unit Development)
Residential, Vacant, &
Agricultural/Commercial
The item before the Board is that of making a recommendation on a Future Land Use
Map amendment from County MR-5 (Medium Residential - 5 units/acre) and County
CliO/8 (Commercial High Office - 8 units/acre) to 'City LD (Low Density Residential, 0-5
units/acre) and City GC (General Commercial), and assign initial zoning of PRD
(Planned Residential Development) and PC (Planned Commercial), for eleven (11)
parcels of land located in the northwest quarter of Section 12 (Range 42, Township 46).
LDR Sections 2.4.5 (A) and (D) provide rules and procedures for the processing of this
petition.
The subject parcels are generally located between Barwick Road and Military Trail,
north of Lake Ida Road.
The subject property contains 11 unplatted parcels of land totaling 54.5 acres. The
~subject parcels are currently in unincorporated Palm Beach County within the City's
Planning Area, more-particularly described as a portion of Annexation Area "E" (the
North Military Trail Area), as per the Future Land Use Element of the Comprehensive
Plan. All parcels were recently acquired by the City of Delray Beach, and are being
separately processed as voluntary annexations at this time. All parcels will maintain
their current County Zoning and Future Land Use Map Designations; until such time that
Comprehensive Plan Amendment 2002-1 (02-1) is adopted.
Please see Reference Map "City Owned Parcels FLUM Amendment", forthe
next section.
For identification purposes, each of the eleven parcels has been given an arbitrary
number. These numbers correspond to numbers assigned to each parcel at the onset
of acquisition by the City. The numbering system is being maintained in order to
provide continuity and ease of identification.
Under direction of the City Commission, staff is in the process of issuing a Request for
Proposal (RFP) to Master Plan this area for future development. Although this
amendment will assign FLUM designations and individual zoning districts to the subject
area, the Master Plan will descdbe a more comprehensive and detailed use of the land.
General direction was given for three over-all goals:
Parcels 1 & lA (6.63 acres), should be designated for commercial development.
Due to their proximity to Military Trail, these parcels appear to be the most
marketable for commercial development, and will help to off-set the land acquisition
costs incurred by the City. Consideration should also be given to the dedication of
Planning and Zoning Board Staff Report
City Owned Parcels FLUM & Rezonings
Page 2
fight-of-way to provide access from Military Trail to the residential parcels to the
east.
2. The balance of the subject area (47.87 acres) should be designated for single family
residential development. Moderate-income housing should be emphasized.
Reserve approximately 10-15 acres of the residential component for a neighborhood
park. Preliminary analysis by the Parks & Recreation Department identified several
parcels which would suitable. Emphasis will placed on certain parcels which have
heavy concentrations of existing trees.
The existing land uses for each of eleven properties are as follows: Parcels 1, lA, 3, 4,
and 5 are vacant; Parcels 2 and 11 have single family homes; Parcels 9, 10, 17, and 18
have agriculture/commercial uses.
The proposal before the board is to apply City zoning and Future Land Use Map
designations to all 11 parcels. Annexation of all 11 parcels is being concurrently
processed. Existing County FLUM designations and zoning will be maintained, until
Comprehensive Plan_Amendment 02-1 is adopted.
The following table represents the existing County FLUM designations and zoning, and
the proposed designation of City FLUM and zoning for each parcel:
EXISTING PROPOSED
County County City City
Parcel ID Zoning FLUM Zoning FLUM
1 AR MR-5 PC GC
lA CG CliO/8 PC GC
2 RTU MR-5 PRD LD
3 AR MR-5 PRD LD
4 AR MR-5 PRD LD
8 AR MR-5 PRD LD
9 AR MR-5 I PRD LD
10 AR MR-5 PRD LD
11 AR MR-5 PRD LD
17 AR MR-5 PRD LD
18 AR MR-5'1' ' PRD LD
Planning and Zoning Board Staff Report
City Owned Parcels FLUM & Rezonings
Page 3
Current Land Use Desiqnations: All parcels with exception of Parcel #lA have a
County Future Land Map Designation of MR-5 (Medium Residential - 5 units/acre).
Parcel #lA has a county designation of CliO-8 (Commercial High Office - 8 units/acre).
Requested Land Use Desiqnation: Parcels 2, 3, 4, 8, 9, 10, 11, 17, & 18 will each be
assigned a City Future Land Use Map designation of LD (Low Density Residential, 0-5
units/acre). Parcels 1 & lA will receive a designation of GC (General Commercial).
Land Use Analysis:
Pursuant to Land Development Regulations Section 3.1.1 (A) (Future Land Use Map), all
land uses and resulting structures must be allowed in the zoning district within which the
land is situated and, said zoning must be consistent with the land use designation as
shown on the Future Land Use Map.
The City is seeking initial zoning designation of PC (Planned Commercial) for Parcels 1
& lA. Both parcels are currently vacant, and the PC zone district is consistent with the
GC (General Commercial) FLUM designation.
Parcels 2, 3, 4, 8, 9, 10, 11, 17, & 18 are to be assigned to the PRD (Planned
Residential Development) zone district. All parcels are currently vacant or
underdeveloped, meaning sparse single family or agricultural/commercial uses. All
commercial uses on these parcels will be phased out by the time this amendment is
adopted, or will become non-conforming. The PRD zone district is consistent with the
LD (Low Density Residential, 0-5 units/acre) FLUM designation.
Consistency between the City and County Land Use Designations:
The existing County Future Land Use Map designation of MR-5 (Medium Residential-
5 units/acre) and the City's Future Land Use Map designation of LD (Low Density
Residential, 0-5 units/acre) are consistent, in that both are designed for single family
residential development at a maximum density of 5 units an acre.
The City GC (General Commercial) FLUM designation and the County's CHO/8 are
similar in that they both allow a vadety of commercial and office uses, as well as multi-
family development. The main difference between the two is that the City's GC FLUM
designation allows multi-family development up to 12 units an acre, where as the
County designation only allows 8 units to the acre.
Parcel 1 has a current County FLUM designation of MR-5 (Medium Residential- 5
units/acre), but is seeking assignment to the City GC (General Commercial) FLUM
designation. While these two designations are not consistent with one another, due to
this parcel's proximity to Military Trail and adjacent commercial development to the west
and north, the designation is appropriate.
Planning and Zoning Board Staff Report
City Owned Parcels FLUM & Rezonings
Page 4
REQUIRED FINDINGS:
Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map
must be based upon the following findings:
~ Demonstrated Need - That there is a need for the rbquested land use. The
need must be based upon circumstances such as shifts in demographic trends,
changes in the availability of land, changes in the existing character and FLUM
designations of the surrounding area, fulfillment of a comprehensive plan
objective or policy, annexation into the municipal boundaries, or similar
circumstances. The need must be supported by data and analysis verifying the
changing demographics or other circumstances. This requirement shall not
apply to requests for the FLUM designations of Conservation or Recreation and
Open Space; nor shall it apply to FLUM changes associated with annexations
when the City's advisory FLUM designation is being applied, or when the
requested designation is of a similar intensity to the advisory designation.
However, the findings described in the remainder of this policy must be
addressed with all FLUM amendments.
The application is being processed concurrently with an annexation application, which
requires changing the FLUM designation from County to City. All parcels which are to
be assigned to the__City's LD (Low Density Residential, 0-5 units/acre) designation,
currently have a City "advisory designation" of the same. Thus, the need for this
designation has been established previously, and this requirement is therefore, not
applicable.
The proposed GC (General Commercial) FLUM designation for Parcels 1 & lA, which
allows a variety of commercial, office, and multi-family residential uses, is more intense
than its "advisory designations" of TRN (Transitional) and LD (Low Density Residential,
0-5 units/acre). However the subject properties are located immediately adjacent to
commercial uses on the north and west sides. The subject property will have frontage
on Military Trail, an arterial roadway, with a vadety of intense commercial uses between
Atlantic Avenue and the L-30 Canal. Proposed residential development to the east and
existing residential development to the south can be propedy protected and buffered
from the future commercial development through the site plan review process.
~ Consistency - The requested designation is consistent with the goals,
objectives, and policies of the most recently adopted Comprehensive Plan.
A review of the goals, objectives and policies of the Comprehensive Plan was
conducted and the following applicable objective was identified.
Future Land Use Element Objective A-f: Property shall be developed or
redeveioped in a manner so that the future use and intensity is appropriate in
terms of soil, topographic, and other applicable physical considerations, is
complementary to adjacent uses, and fulfills remaining land use needs.
Planning and Zoning Board Staff Report
City Owned Parcels FLUM & Rezonings
Page 5
The subject property does not have any unique environmental characteristics that would
prohibit development of the site or require mitigation measures. All property included in
the amendment is vacant or underdeveloped, and will be developed in such a way to
complement adjacent uses.
· Concurrency - Development at the highest intensity possible under the
requested designation can meet the adopted concurrency standards.
Water: There are existing distribution lines associated with several developments in the
area, i.e. Winterplace (northeast comer of Military Trail and the L-30 canal) Barwick
Ranch, and Sabal Lakes. As the area is proposed for development, water main
extensions will be required by this development. Pursuant to the Comprehensive Plan,
treatment capacity is available at the City's Water Treatment Plant for the City at build-
out.
Sewer: Sewage mains and a new lift station sized for future development have been
constructed as part of the infrastructure improvements of Winterplace development.
With redevelopment of the subject properties, further sewer main extensions will be
required. Pursuant to the Comprehensive Plan, treatment capacity is available at the
South Central County Waste Water Treatment Plant for the City at build-out.
Streets: The properties have access from either Military Trail or Barwick Road.
Additionally, two local roads, 133 Road South and Palm Ridge Boulevard, provide
access from Barwick Road into the properties. Depending on the development pattern,
additional local roads internal to future residential development are anticipated with
redevelopment of the property. Military Trail and Barwick Road are under the
jurisdiction of Palm Beach County. The jurisdictional responsibility and the associated
maintenance responsibility will not change upon annexation. The development of the
property under the current County MR-5 and CH-O designations and the proposed City
LD and GC designations would be similar with the exception of an increase with the
change of designation for parcel 1. With future development, site plan approval will be
required along with a full analysis of the traffic impact. However, there is adequate
capacity on Military Trail to accommodate additional trips under either scenario.
Parks and Open Space: The annexation of the property to accommodate future
residential and commercial development will have some impact on park and
recreational facilities. However, part of the future development of the area includes a
public park site. The provision of new neighborhood parks has been identified as a
future need in the City's recently completed Parks and Recreation Master Plan.
Solid Waste: The future development of this area will continue to have similar solid
waste impacts. The solid waste authority has indicated they have sufficient capacity to
service this area. The service provider will not change, as described later in this report.
Planning and Zoning Board Staff Report
City Owned Parcels FLUM & Rezonings
Page 6
· Compatibility - The requested designation will be compatible with the existing
and future land uses of the surrounding area.
The property is surrounded by the following Future Land Use Map Designations, Zoning
Designations and Land Uses:
Parcels 2, 3, 4, 8, 9, 10, 11, 17, & 18 [Currently County MR-5 (Medium Residential - 5
units/acre), proposed for City LD (Low Density Residential, 0-5 units/acre) 47.87 acres]:
North: The subject property is bordered on the north by Lake Worth Drainage District L-
30 Canal, which has a 140-foot wide right-of-way, and the Ridgewood Road right-of-way
(100-feet). Beyond Ridgewood Road is the Cocoa Pine Estates subdivision and several
unplatted homes, with some agricultural uses. The Cocoa Pine Estates subdivision has
a County FLUM designation of MR-3 (Medium Residential - 3 units/acre) and Zoning of
RS/SE (Single-Family Residential, Special Exception). The unplatted parcels have a
County FLUM designation of MR-3 (Medium Residential - 3 units/acre) and Zoning of
AR (Agricultural Residential).
East: The subject property is bordered on the east by Barwick Ranch Estates, an
existing single family development with a Future Land Use Map designation of City LD
(Low Density Residential, 0-5 units/acre) and an R-l-AA (Single Family Residential)
zo[~ing designation and by the Gulf Club Estates subdivision and several unplatted
single family parcels with a County FLUM designation of MR-5 (Medium Residential - 5
units/acre) and Zoning of AR (Agricultural Residential).
South: The subject property is bordered on the south by two (2) unincorporated County
parcels, one of which has a agricultural/commercial use, and the other is vacant. Both
parcels have a County FLUM designation of MR-5 (Medium Residential - 5 units/acta)
and Zoning of AR (Agricultural Residential). A portion of the subject area is also
bordered on the south by the 90-foot wide Lake Worth Drainage District L-31 Canal
right-of-way. Beyond the canal is the multi-family Country Manors subdivision, with a
City FLUM designation of MD (Medium Density Residential, 5-12 units/acre), and
zoning of RM (Multiple Family Residential).
Wesf: The subject property is bordered on the west by the Winterplace (now known as
The Colony at Delray Beach) housing development, several unplatted single family
homes, and Parcel 1, which is to receive Commercial land use and zoning designations.
The Winterplace Development has a zoning of PUD (Planned Unit Development), and
the unplatted homes are AR (Agricultural/Residential). Both have a County FLUM
designation of MR-5 (Medium Residential - 5 units/acre).
Parcels 1 & lA (currently County MR-5 and CHO-8, proposed for City GC (General
Commercial):
West: The subject property is bordered on the west by a variety of intense commercial
uses, which front on Military Trail. The uses include outdoor automotive storage,
automotive & marine repair, and golf cart repair and sales. The adjacent parcels have
Planning and Zoning Board Staff Report
City Owned Parcels FLUM & Rezonings
Page 7
County Land use designations of CHO-8 (Commercial High Office - 8 units/acre) and
CHO-5 (Commercial High Office - 5 units/acre), and zoning of CG/SE (General
Commercial - Special Exception). Parcel lA is bordered on the west by Military Trail.
Beyond Military Trail there are two medical offices.
North: 'Fhe subject property is bordered by the same two commercial properties which
have the golf cart repair & sales, and automotive storage uses.
South: The subject property is bordered on the south by the 90-foot wide Lake Worth
Drainage District L-31 Canal right-of-way. Beyond the canal is the multi-family Country
Manors subdivision, with a City FLUM designation of MD (Medium Density Residential,
5-12 units/acre), and zoning of RM (Multiple Family Residential).
East: The subject property is bordered on the east by Parcel 2, which currently has one
(1) single family home, and a County FLUM designation of MR-5 (Medium Residential-
5 units/acre) and zoning of RTU (Residential Transitional Urban District). The proposed
FLUM designation for this parcel is LD (Low Density Residential, 0-5 units/acre), with
accompanying PRD (Planned Residential Development) zoning.
As described in the Future Land Use Element of the Comprehensive Plan, the Low
Density residential land use designation is applied to land which is developed, or to be
dev~eloped, for single family residential uses. The majority of the land involved in this
application (47.87 ac'r~s) is slated for, and has had an "advisory designation" of Low
Density Residential. This use is compatible with all adjacent uses.
The proposed FLUM designation of GC, however will allow for the development of
commercial uses on parcels 1 & lA. As this property is currently vacant, and bordered
by existing and proposed residential uses, mitigation of any adverse impacts of the
commercial development, will be addressed via the site plan review process, through
provision of site design and perimeter buffering.
~ Compliance - Development under the requested designation will comply with
the provisions and requirement of the Land Development Regulations.
As all property involved in this request is vacant or underdeveloped, compliance with
the Land Development Regulations for all post-annexation development be addressed
through the City's development review process.
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which is part
of the official record. This may be achieved through information on the
application, the Staff Report or Minutes. Findings shall be made by the body,
Planning and Zoning Board Staff Report
City Owned Parcels FLUM & Rezonings
Page 8
which has the authority to approve or deny the development application.
findings relate to the following four areas:
These
Future Land Use Map, Concurrency and Comprehensive Plan Consistency were
previously discussed under the "Future Land Use Map Amendment" section of this
report. Compliance with the Land Development Regulations with respect to
Standards for Rezoning Actions and Rezoning Findings are discussed below:
Section 3.2.1 (Basis for Determininq Consistency): The performance standards
set forth in this Article either reflect a policy from the Comprehensive Plan or a
principle of good planning practice. The performance standards set forth in the
following sections as well as compliance with items specifically listed as required
findings in appropriate portions of Section 2.4.5 shall be the basis upon which a
finding of overall consistency [Section 3.1.1(C)] is to be made. However,
exclusion from this Article shall not be a basis for not allowing consideration of
other objectives and policies found in the adopted Comprehensive Plan in the
making of a finding of overall consistency.
Section 3.2.2 (Standards for Rezoninq Actions): Standard A, B, C and E are not
applicable with respect to this rezoning request. The applicable performance
standards of Section 3.2.2 are as follows:
D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land uses both existing and proposed; or
that if an incompatibility may occur, that sufficient regulations exist to
properly mitigate adverse impacts from the new use.
Parcels 2, 3, 4, 8, 9, 10, 11, 17, & 18 [Currently zoned County AR (Agricultural
Residential) and RTU (Residential Transitional Urban District), proposed for City PRD
(Planned Residential Development), 47.87 Acres]:
As the surrounding uses are primarily residential or vacant with a small amount of
commercial, compatibility with the adjacent uses is not a concern.
Parcels I & lA [Currently zoned CG/SE (General Commercial- Special Exception) and
AR (Agricultural Residential), proposed for City PC (Planned Commercial), 6.63 Acres]:
Parcels 1 & lA are bordered by commercial uses on two sides and residential on
two sides. Compatibility is an issue with the two residential uses, but as both
parcels are currently vacant, future commercial development would be subject to the
City's development review process. Thus any potential adverse impacts can be
propedy mitigated through the applicable requirements of the Land Development
Regulations.
Planning and Zoning Board Staff Report
City Owned Parcels FLUM & Rezonings
Page 9
Section 2.4.5(D)(5) (Rezoninq Findings):
Pursuant to Section 2.4.5(D)(5), in addition to the provisions of Section 3.1.1, the
City Commission must make a finding that the rezoning fulfills one of the reasons
for which the rezoning change is being sought. These reasons include the
following:
aw
That the zoning had previously been changed, or was originally
established, in error;,
That there has been a change in circumstances which make the current
zoning inappropriate;
Gm
That the requested zoning is of similar intensity as allowed under the
Future Land Use Map and that it is more al~13rol~riate for the property based
upon circumstances particular to the site and/or neighborhood.
Items "b" and "c" are the basis for which the rezoning should be granted. The property
is in the unincorporated area of Palm Beach County, however, it is within the City of
Delray Beach Planning Area, as defined in the Comprehensive Plan. The City, being
the current owner, is seeking annexation of this property into the City, which requires
that appropriate City zoning designations be applied. The requested GC (General
Commercial) zoning ~-~d PRD (Planned Residential Development) zoning is consistent
with the GC (General Commercial) and LD (Low Density Residential, 0-5 units/acre)
designations, respectively.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
Properties involved with this proposal are vacant or have sporadic single family
structures. There are several commercial/agricultural uses located with the subject area,
which will be phased out, and the single family homes will be demolished in order to
provide for a larger master planned community. All post-annexation development, both
commercial and residential, will be through the City's development review process, and
in compliance with all Land Development Regulations.
The subject property is not in a geographical area requiring review by the CRA
(Community Redevelopment Agency), DDA (Downtown Development Authority) or the
HPB (Historic Preservation Board).
Palm Beach County Notice:
On April 10, 2002 the Palm Beach County Planning Division was notified of the City's
intent to annex this property. To date, a response has not been received.
Planning and Zoning Board Staff Report
City Owned Parcels FLUM & Rezonings
Page 10
IPARC Notice:
Notice of the Future Land Use Map Amendment was also provided to the Intedocal Plan
Amendment Review Committee (IPARC) which distributes the information to adjacent
municipalities. To date, a response has not been received.
Courtesy Notice:
Courtesy notices were sent to the following homeowner's and civic associations:
· Progressive Residents of Deiray (PROD)
· President's Council
· United Property Owners
· Barwick Estates HOA
· Sabal Lakes HOA
· Chatelaine HOA
· Country Manors HOA
· Rainberry Woods HOA
Public Notice:
· Formal public notice has been provided to all property owners within a 500 foot radius of
th(~ subject property.-'Letters of objection, if any, will be presented at the Planning and
Zoning Board meeting.
The requested LD (Low Density Residential, 0-5 units/acre) Future Land Use Map
designation is appropriate given that the advisory designations and long term plans for
this area are Iow density single family residential. The PRD (Planned Residential
Development) zone district is consistent with the LD FLUM designation.
The GC (General Commercial) FLUM designation, although not the advisory
designation for this area, is an appropriate use for the area, given its proximity to
Military Trail and compatibility with adjacent commercial uses. The proposed PC
(Planned Commercial) zone district is consistent with the GC (General Commercial)
FLUM designation. Issues and concerns with adjacent residential uses and impacts of
commercial development can be properly mitigated through the City's development
process.
Planning and Zoning Board Staff Report
City Owned Parcels FLUM & Rezonings
Page 11
A. Continue with direction.
Recommend approval of the Future Land Use Map amendments from County
CHO/8 (Commercial High Office - 8 units/acre) and MR-5 (Medium Residential -
5 units/acre) to City GC (General Commercial) and LD (Low Density Residential,
0-5 units/acre) and initial zoning designations of PC (Planned Commercial) and
PRD (Planned Residential Development), based upon positive findings with
respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan
(FLUM Amendment Findings), Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land
Development Regulations and the Goals, Objectives, and Policies of the
Comprehensive Plan
Co
Recommend denial of the Future Land Use Map amendments from County
CHO/8 (Commercial High Office - 8 units/acre) and MR-5 (Medium Residential -
5 units/acre) to City GC (General Commercial) and LD (Low Density Residential,
0-5 units/acre) and initial zoning designations of PC (Planned Commercial) and
PRD (PiannedJ~esidential Development), with the basis stated.
Recommend approval of the Future Land Use Map amendments from County CHO/8
(Commercial High Office - 8 units/acre) and MR-5 (Medium Residential - 5 units/acre)
to City GC (General Commercial) and LD (Low Density Residential, 0-5 units/acre) and
initial zoning designations of PC (Planned Commercial) and PRD (Planned Residential
Development), based upon positive findings with respect to Future Land Use Element
Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), Sections 3.1.1,
3.2.2, and 2.4.5(D)(5) of the Land Development Regulations and the Goals, Objectives,
and Policies of the Comprehensive Plan
Attachments:
l~l Location Map
~ Aerial Photo Map
s:\planning & zoning~boards\p&z board\cityownedflum.doc
L-30 CANAL r
SUNRISE BOULEVARD
~ VAC AGR SFR
~ ' AR AR AR ~
'~ MR5 MR5
~ VAC SFR VAC
MR5
133 ROAD SOUTH
MR5 MR5 MR5 ~_
::E ~m~m~m~m~m~m~m~m~m~m~m~m~m~mC~TY LIMITSmIImIII~ L-5t
13;3 ROAD S
CANAL
·
MAY 2002
.... CITY LIMITS .......
{~- PARCEL ID
(5.0) - ACREAGE
QTY OF DEI. RAY BEACH. FL
PLANNING &: ZONING DEPARTMENT
---- D/~ffAl. BASE' M,a.p $~Sr~Yat --
CITY OWNED PARCELS F.L.U.M. AMENDMENT
AG R -'-- EXISTING LAND USE
AGR
COM
SFR
VAC
AR ~ COUNTY ZONING DESIGNATION
MR5-..--COUNTY FUTURE LAND USE
MAP DESIGNATION
-AGRICULTURE AR, RTU - RESIDENTIALZONING
- COMMERCIAL CG - COMMERCIAL ZONING
- SINGLE FAMILY
MFS5 - RESIDENTIAL LAND USE, 5 UNiTS/ACRES
- VACANT CHO/8 - COMMERCIAL HIGH OFFICE LAND USE
MAP REF- LHSg2
SITE
MAY 2002
.... CiTY LIMITS ....... ~
(5.o) - ACREAGE 3~
~TY O~ DC'LRA¥ B~'ACH, FL ~4}
PLANNING .*-' ZONING DEPARTM.NT ~
PHOTO FLIGHT DATE' 1999
CiTY OWNED PARCELS F.L.U.M. AMENDMENT
PC NUMBERS
00-42-46-i 2-00--000-3040
00,-42..46-12-00-000--3170
00-42-46-12-00-000--3020
00-42-46-12-00-000-3210
00-42-46-12-00-000-3201
00-42-46-12-00-000,..3025
SITE
PC NUMBERS
00-42-46-12-00-000-3220
00-42-46-12-00-000-3023
00..42-46-12-00-000-3021
00-42-46-12-00-000-3026
00.,-42-46-12-00-000-3180
MAP REF L.MSB2
TO:
THRU:
FROM:
SUBJECT:
' '"'' '~'~ · 'Ci~rY~'COMMISSlON :DOCUMENTATION'
PAUL DORLING, DIRECTOR00~ PLANNI~_....AND~ZONING
MEETING OF JULY 16, 2002 *FIRST READING%
FUTURE LAND USE MAP AMENDMENT FROM COUNTY MR-5 (MEDIUM
RESIDENTIAL - 5 UNITS/ACRE) TO CITY LD (LOW DENSITY RESIDENTIAL, 0-5
UNITS/ACRE), AND ASSIGN ZONING OF PRD (PLANNED RESIDENTIAL
DEVELOPMENT) FOR THE WINTERPLACE SUBDIVISION, LOCATED ON THE
EAST SIDE OF MILITARY TRAIL, APPROXIMATELY 1/2 MILE NORTH OF LAKE IDA
ROAD, JUST SOUTH OF THE LWDD L-30 CANAL.
The subject property is the plat of Winterplace (Plat Book 89, Page 179), recorded in February of
2001. The site, now known as The Colony at Delray Beach, contains 151 zero lot line single family
homes, situated on 34.6 acres land. The development is currently in unincorporated Palm Beach
County within the City's Planning Area, more particularly described as a portion of Annexation Area
"E" (the North Military Trail Area). This annexation of this parcel is being processed as a voluntary
annexation, pursuant to a water service agreement dated March 8, 2000. The water service
agreement contains a clause that states the property owner agrees to annex into the City, when the
project becomes eligible for annexation. In conjunction with the annexation of this development, the
City is also processing the annexation of 54.5 acres immediately to the east of this development.
Once those properties are annexed, this parcel will be contiguous and eligible for annexation. Upon
annexation, the development will maintain its current County Zoning of PUD (Planned Unit
Development) and County Future Land Use Map Designation of MR-5 (Medium Density - 5
units/acre); until such time that Comprehensive Plan Amendment 2002-1 (02-1) is approved.
The proposal before the Commission is to apply initial City zoning of PRD (Planned Residential
Development), and initial City Future Land Use Designations of LD (Low Density, 0-5 units/acre).
Positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan
(FLUM Amendment Findings), Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development
Regulations and the Goals, Objectives, and Policies of the Comprehensive Plan, can be made.
: ::': PLANNING AND ZONiNG BOARDCONS!DERATION .......
At its meeting of May 20, 2002, the Planning and Zoning Board considered the request at a public
hearing. There was no public comment concerning this item. After reviewing the staff report and
discussion, the Board voted 6 to 0 (Randolph absent), to recommend approval.
.... l~! ' "~ ' ~ "'RECOMMENDED ACTION'
By motion, approve on first reading the ordinance for the application of an initial zoning of PRD
(Planned Residential Development), and Future Land Use Map designation of LD (Low Density, 0-5
units/acre), based upon the findings and recommendation by the Planning and Zoning Board, and set
a public hearing date of October 1, 2002 (after review by Department of Community Affairs).
Attachment:
· P & Z Staff Report of May 20,2002.
· Ordinance
S:~ P&Ztboards~citycommission~WinterPlaceFL UM-CCDocc.doc
II
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
May 20, 2002
IV. I -2.
City Initiated Future Land Use Map Amendment From County MR5 (Medium
Residential - 5 units/acre) to City LD (Low Density Residential, 0-5 units/acrs)
for the Winterplace Subdivision (aka The Colony at Delray Beach), Located at
the Southeast Comer of the L-30 Canal and Military Trail.
GENERAL DATA:
Owner/Applicant ............... Colony of Palm Beach
Location .......................... Located at the Southeast
roperty Size ..................
Existing FLUM ................
Proposed FLUM .............
Current Zoning ................
Adjacent Zoning ..... North:
East:
South:
West:
Existing Land Use ............
Proposed Land Use .........
Water Service ..................
Sewer Service ..................
Comer of the L-30 Canal
a~d Military Trail.
34.6 Acres
County MR5 (Medium
Residential - 5 units/acre)
City of Deiray Beach LD (Low
Density Residential - 0-5 units/acre)
County PUD (Planned Unit
Development)
County AR (Agricultural Residential)
& RTU (Residential
Transitional Urban)
AR (Agricultural Residential)
AR (Agricultural Residential) & RS
(Single Family Residential)
PO (Public Ownership District)
& AR (Agricultural Residential)
Residential
Same as existing
Existing on site
Existing on site
LAKE IDA
The item before the Board is that of making a recommendation on a Future Land Use
Map amendment from County MR-5 (Medium Residential - 5 units/acre) to City LD (Low
Density Residential, 0-5 units/acre), and assign zoning of PRD (Planned Residential
Development) for the Winterplace Subdivision.
LDR Sections 2.4.5 (A) and (D) provide rules and procedures for the processing -of this
petition.
The subject parcel is located on the east side of Military Trail, approximately ~ mile
north of Lake Ida Road, just south of the LWDD L-30 Canal.
The subject property is the plat of Winterplace (Plat Book 89, Page 179), recorded in
February of 2001. The site, now known as The Colony at Delray Beach, contains 151
zero lot line single family homes, situated on 34.6 acres land. The development is
currently in unincorporated Palm Beach County within the City's Planning Area, more
particularly described as a portion of Annexation Area "E" (the North Military Trail Area),
as per the Future Land Use Element of the Comprehensive Plan. Annexation of this
development is being processed concurrently as voluntary annexations, pursuant to a
water service agreement dated March 8, 2000. The water service agreement contains
a clause that states the property owner agrees to annex into the City, when the project
becomes eligible for annexation. In conjunction with the annexation of this
development, the City is also processing an annexation of 54.5 acres immediately to the
east of this development. Once those properties are annexed, this parcel will be
contiguous and eligible for annexation. The development will maintain its current
County Zoning of PUD (Planned Unit Development) and Future Land Use Map
Designation of MR-5 (Medium Density - 5 units/acre); until such time that
Comprehensive Plan Amendment 2002-1 (02-1) is adopted.
The subject property, although not currently located within the City limits, has several
previous City land use actions associated it, which are summarized below:
February 4, 1994: City Commission approved a water service agreement for the
subject property. The agreement was to allow the establishment of a wholesale nursery
operation (Southern Ornamental Plants).
September 5, 1995: City Commission approved a Future Land Use Map amendment
for the property from the City's advisory Future Land Use Map designation of RR (Rural
Residential) to City LD (Low Density Residential, 0-5 units/acre). This created
consistency with the County's designation of the property of MR-5 (Medium Density
Residential - 5 units per acre).
Planning and Zoning Board Staff Report
Winterplace FLUM & Rezoning
Page 2
January 27, 1997: Planning and Zoning Board approved a conceptual master plan for
173 single family units and recommended approval to the City Commission of the
associated water service agreement.
February 4, 1997: City Commission approved the water service agreement for the
proposed development.
October 11, 1999: Planning and Zoning Board approved a master development plan for
151 single family units.
November 2, 1999: City Commission approved the current water service agreement for
the proposed 151 single family subdivision.
There have been several master plan modifications to the project subsequent to these
approvals, none of which were considered a material change to the project.
Currently the subject area is platted as a 151 unit single family subdivision.
Approximately 6 units have been constructed and sold, and several additional units are
under construction.
The proposal before the board is to apply a City zoning designation of PRD (Planned
Residential Development) and Future Land Use Map designation of LD (Low Density
Residential, 0-5 units/acre) to the 151 unit subdivision. Annexation of the subject area
is being concurrently processed. The existing County FLUM designation of MR-5
(Medium Residential - 5 unit/acre) and zoning of PUD (Planned Unit Development) will
be maintained, until Comprehensive Plan Amendment 02-1 is adopted.
Current Land Use Designations: Currently the entire subject area has a County
Future Land Map Designation of MR-5 (Medium Residential - 5 units/acre).
Requested Land Use Designation: The intent of this application is to adopt the City's
"Advisory" Future Land Use Map designation of LD (Low Density Residential, 0-5
units/acre).
Land Use Analys!s,.'
Pursuant to Land Development Regulations Section 3.1.1(A) (Future Land Use Map), all
land uses and resulting structures must be allowed in the zoning district within which the
land is situated and, said zoning must be consistent with the land use designation as
shown on the Future Land Use Map.
Planning and Zoning Board Staff Report
Winterplace FLUM & Rezoning
Page 3
The subject area consists of 151 single family homes, and is seeking a PRD (Planned
Residential Development) zoning designation. Planned single family communities are a
permitted use within the PRD zone district. Further, this development received master
plan approval from the City on October 11, 1999. As part of the master plan approval,
the proposed development was reviewed under the PRD criteria, and it was identified
that upon annexation this development would be assigned to the PRD zone district.
The PRD zone distdct is consistent with the LD (Low Density Residential, 0-5 unit/acre)
FLUM designation.
Consistency between the City and County Land Use. Designations:
The property currently has a County Future Land Use Map designation of MR-5
(Medium Residential - 5 du/ac) and a County zoning designation of PUD (Planned Unit
Development). The current City "Advisory" designation for this property is LD (Low
Density Residential, 0-5 units/acre), which is consistent with the County MR-5 FLUM
designation. In addition the City zoning designation of PRD (Planned Residential
Development) which is consistent with the County zoning designation of PUD (Planned
Unit Development). Based upon the above, a positive finding with respect to
consistency with the Future Land Use Map can be made.
REQUIRED FINDINGS:
Future Land Use Ei~ment Policy A-1.7: Amendments to the Future Land Use Map
must be based upon the following findings:
I~ Demonstrated Need - That there is a need for the requested land use. The
need must be based upon circumstances such as shifts in demographic trends,
changes in the availability of land, changes in the existing character and FLUM
designations of the surrounding area, fulfillment of a comprehensive plan
objective or policy, or similar circumstances. The need must be supported by
data and analysis. This policy shall not apply to requests for the FLUM
designations of Conservation or Recreation and Open Space; nor shall it apply to
FLUM changes associated with annexations when the City's advisory FLUM
designation is being applied, or when the requested designation is of a similar
intensity to the advisory designation. However, the findings described in the
remainder of this policy must be addressed with all FLUM amendments.
The application is being processed concurrently with an annexation application, which
requires changing the FLUM designation from County to City. The subject area, which
is to be assigned to the City's LD (Low Density Residential, 0-5 units/acre) designation,
currently has a City "Advisory Designation"of the same. Thus, requirement is not
applicable.
~ Consistency - The requested designation is consistent with the goals,
objectives, and policies of the most recently adopted Comprehensive Plan.
Planning and Zoning Board Staff Report
Winterplace FLUM & Rezoning
Page 4
A review of the goals, objectives and policies of the Comprehensive Plan was
conducted and the following applicable objective was identified.
Future Land Use Element Objective A-l: Property shall be developed or
redeveloped in a manner so that the future use and intensity is appropriate in
· terms of soil, topographic, and other appficable physical considerations, is
complementary to adjacent uses, and fulfills remaining land use needs.
The subject property has been disturbed and does not have any unique environmental
characteristics that would prohibit development of the site or require mitigation
measures. Streets have been installed and individual lots are being developed. The
use and intensity of the development were determined to be appropriate with the master
development plan approval.
I> Concurrency - Development at the highest intensity possible under the
requested designation can meet the adopted concurrency standards.
Findings of Concurrency for the 151 unit single family subdivision were made at the time
of the master plan approval, approved in 1999. There will be no changes to the
development. However, the following summary is provided.
Water: Water service is currently provided from a connection to 12" water main on the
east side of Military T'Fail and along the property's south property line, which connects to
the existing mains within Military Trail and Barwick Road, as per the approved
development plan.
Sewer: Sewage mains and a new lift station sized for future development have been
constructed as part of the infrastructure improvements of Winterplace development.
Pursuant to the Comprehensive Plan, treatment capacity is available at the South
Central County Waste Water Treatment Plant for the City at build-out.
Streets and Traffic: A traffic study was been provided to the Palm Beach County
Traffic Division during the master development plan process. This study indicated that
the proposed 151-unit single family development will generate 1,510 new vehicle trips
onto the surrounding roadway network. With the widening of Lake Ida Road, there is
sufficient capacity available to accommodate the impact of the development.
Parks and Recreation Facilities: The single family residences will not have a
significant impact with respect to level of service standards for parks and recreation
facilities. Upon annexation, each unit constructed will be required to pay the City's
recreation impact fee of $500.
Solid Waste: Trash generated each year by this development (when fully developed),
will be approximately 1.99 tons per single family residence per year (151 units) for a
total of 300.49 tons/year. This increase can be accommodated by existing facilities and
thus, will not be significant with respect to this level of service standard.
Planning and Zoning Board Staff Report
Winterplace FLUM & Rezoning
Page 5
· Compatibility - The requested designation will be compatible with the existing
and future land uses of the surrounding area.
The property is surrounded by the following Future Land Use Map Designations, Zoning
Designations and Land Uses:
North: The subject property is bordered on the north by Lake Worth Drainage District L-
30 Canal, has a 140-foot wide right-of-way, and the Ridgewood Road right-of-way (100-
feet). Beyond Ridgewood Road there are several unplatted homes, with some
agricultural uses. The unplatted parcels have a County FLUM designation of MR-5
(Medium Residential - 5 units/acre) and Zoning of AR (Agricultural Residential) and
RTU (Residential Transitional Urban).
Eas. h The subject property is bordered on the east by two (2) unincorporated County
parcels, which currently contain commercial agricultural uses. These parcels are part of
a separate annexation and FLUM designation change, currently in process. Both
parcels have a County FLUM designation of MR-5 (Medium Residential - 5 units/acre)
and Zoning of AR (Agricultural Residential). These parcels are seeking City FLUM
designations of LD (Low Density Residential, 0-5 units/acre), and zoning of PRD
(Planned Residential Development).
South: The subject ?_roperty is bordered on the south by four (4) unincorporated County
parcels, which currently contain variety of uses, which include: agricultural/commercial,
single family, and vacant. The parcel which contains the agricultural/commercial use
(western most, adjacent to Military Trail), is are zoned AR (Agricultural Residential) and
has a County FLUM designation of MR-5 (Medium Residential - 5 units/acre). The next
parcel east, contains a single family home, and has County FLUM designation of MR-5
(Medium Residential- 5 units/acre) and zoning of RTU (Residential Transitional Urban).
The Next parcel east is vacant, and has the same County FLUM designation and zoning
as the previous. The eastern most parcel is also vacant. This parcel is owned by the
City and part of a separate annexation and FLUM designation change. Currently the
parcel has a County FLUM designation of MR-5 (Medium Residential - 5 units/acre)
and Zoning of AR (Agricultural Residential). This parcel is seeking a City FLUM
designation of LD (Low Density Residential, 0-5 units/acre), and zoning of PRD
(Planned Residential Development).
West: The subject property is bordered on the west by Military Trail right-of-way.
Beyond Military Trail is the Delray Garden Estates single family subdivision, and a
parcel which contains offices and related maintenance facilities for the Lake Worth
Drainage District and the Farm Bureau of Palm Beach County. The single family
subdivision has a County FLUM designation of MR-5 (Medium Residential- 5
units/acre) and Zoning of AR (Agricultural Residential). The office parcel has a County
FLUM designation of INST (intuitional) and Zoning of PO (Public Ownership District).
As described in the Future Land Use Element of the Comprehensive Plan, the Low
Density Residential FLUM designation is applied to land which is developed, or to be
Planning and Zoning Board Staff Report
Winterplace FLUM & Rezonin9
Page 6
developed, for single family residential uses. The entire subject area consists of single
family uses, which is compatible with all adjacent uses.
I> Compliance - Development under the requested designation will comply with
the provisions and requirement of the Land Development Regulations.
Compliance with the Land Development Regulations was addressed with the Master
Plan approval, which was approved by the Planning & Zoning Board at their meeting of
October 11, 1999. Given this fact, a positive finding with respect to compliance with the
City's Land Development Regulations can be made.
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which is part
of the official record. This may be achieved through information on the
application, the Staff Report or Minutes. Findings shall be made by the body,
which has the authority to approve or deny the development application. These
fin(~ings relate to the~ollowing four areas:
Future Land Use Map, Concurrency and Comprehensive Plan Consistency were
previously discussed under the "Future Land Use Map Amendment" section of this
report. Compliance with the Land Development Regulations with respect to
Standards for Rezoning Actions and Rezoning Findings are discussed below:
Section 3.2.1 (Basis for Deterrnininq Consistency): The performance standards
set forth in this Article either reflect a policy from the Comprehensive Plan or a
principle of good planning practice. The performance standards set forth in the
following sections as well as compliance with items specifically listed as required
findings in appropriate portions of Section 2.4.5 shall be the basis upon which a
finding of overall consistency [Section 3.1.1(C)] is to be made. However,
exclusion from this Article shall not be a basis for not allowing consideration of
other objectives and policies found in the adopted Comprehensive Plan in the
making of a finding of overall consistency.
Section 3.2.2 (Standards for Rezoninq Actions): Standard A, B, C and E are not
applicable with respect to this rezoning request. The applicable performance
standards of Section 3.2.2 are as follows:
D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land uses both existing and proposed; or
that if an incompatibility may occur, that sufficient regulations exist to
properly mitigate adverse impacts from the new use.
Planning and Zoning Board Staff Report
Winter'place FLUM & Rezoning
Page 7
As the property is platted for a 151 single family units, and has received approval
previously from the City, as well as the County, in the form of a master plan,
compatibility with all adjacent uses is not a concern. Perimeter landscape buffers
are provided to mitigate any potential impacts with adjacent properties.
Section 2.4.5(D)(5) (Rezonin.q Findin_clS):
Pursuant to Section 2.4.5(D)(5), in addition to the provisions of Section 3.1.1, the
City Commission must make a finding that the rezoning fulfills one of the reasons
for which the rezoning change is being sought. These reasons include the
following:
a. That the zoning had previously been changed, or was originally established, in
error;
b. That there has been a change in circumstances which make the current zoning
inappropriate;
c. That the requested zoning is of similar intensity as allowed under the Future
Land Use Map and that it is more appropriate for the property based upon
circumstances particular to the site and/or neighborhood.
Items "b" and "c" are the basis for which the rezoning should be granted. The property
is 'in the unincorporated area of Palm Beach County, however, it is within the City of
Delray Beach Planning Area, as defined in the Comprehensive Plan. The subject
property is being voluntarily annexed into the City, pursuant to the water service
agreement, which requires that appropriate City zoning designations be applied. The
requested PRD (Planned Residential Development) zone district is consistent with the
proposed LD (Low Density Residential, 0-5 units/acre) designation.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
As stated previously in this report, compliance with the Land Development Regulations
was addressed with the Master Plan approval, which was approved by the Planning &
Zoning Board at their meeting of October 11, 1999. Given this fact, a positive finding
with respect to compliance with the City's Land development Regulations can be made.
The subject property is not in a geographical area requiting review by the CRA
(Community Redevelopment Agency), DDA (Downtown Development Authority) or the
HPB (Historic Preservation Board).
Palm Beach County Notice:
On April 10, 2002, the Palm Beach County Planning Division was notified of the City's
intent to annex this property. To date, a response has not been received.
Planning and Zoning Board Staff Report
Winterplace FLUM & Rezoning
Page 8
IPARC Notice:
Notice of the Future Land Use Map Amendment was also provided to the Interlocal Plan
Amendment Review Committee (IPARC) which distributes the information to adjacent
municipalities. To date, a response has not been received.
Courtesy Notice:
Courtesy notices were sent to the following homeowner's and civic associations:
· Progressive Residents of Delray (PROD)
· President's Council
· United Property Owners
· Barwick Estates HOA
· Sabal Lakes HOA
· Chatalaine HOA
· Country Manors HOA
· Rainberry Woods HOA
Public Notice:
Formal public notice has been provided to all property owners within a 500 foot radius of
the.subject property. Letters of objection, if any, will be presented at the Planning and
Zoning Board meeting.
The requested LD (Low Density Residential, 0-5 units/acre) Future Land Use Map
designation it is consistent with the advisory designation currently applied, and
consistent with analysis preformed as part of the master plan approval for this
development. Further, the zoning of PRD (Planned Residential Development) is
consistent with the proposed LD (Low Density Residential, 0-5 units/acre) FLUM
designation, and the approved development.
Planning and Zoning Board Staff Report
Winterplace FLUM & Rezoning
Page 9
A. Continue with direction.
Recommend approval of the Future Land Use Map amendment from County MR-
5 (Medium Residential - 5 units/acre) to LD (Low Density Residential, 0-5
units/acre) and initial zoning designation of PRD (Planned Residential
Development) based upon positive findings with respect to Future Land Use
Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings),
LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), and consistency with the goals,
objectives and policies of the Comprehensive Plan, subject to the following
condition:
Recommend denial of the Future Land Use Map amendment from County MR-5
(Medium Residential - 5 units/acre) to LD (Low Density Residential, 0-5
units/acre) and initial zoning designation of PRD (Planned Residential
Development) based upon positive findings with respect to Future Land Use
Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings),
LDR Sections-3.1.1, 3.2.2, and 2.4.5(D)(5), with the basis stated.
Recommend approval of the Future Land Use Map amendment from County MR-5
(Medium Residential - 5 units/acre) to LD (Low Density Residential, 0-5 units/acre) and
initial zoning designation of PRD (Planned Residential Development) based upon
positive findings with respect to Future Land Use Element Policy A-1.7 of the
Comprehensive Plan (FLUM Amendment Findings), LDR Sections 3.1.1, 3.2.2, and
2.4.5(D)(5), and consistency with the goals, objectives and policies of the
Comprehensive Plan, subject to the following condition:
Attachments:
· Location Map
- _ L-30 CANAL
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~ I ~ I1 ~ II ~ 11 ~ II ~ Il ~ Il ~ II ~ Il I Il I II ~CiTY LIMITS~ II L-51
N ~ WINTERPLACE F.L.U.M. AMENDMENT
MAY
2002
AR ~ COUN~ ZONING DESIGNATION
ASR ~ EXISTING ~ND USE MR5~COUN~ FUTURE ~ND USE
~ II ~ II ~ tl ~ MAP DESIGNATION
Cl~ LIMITS
A~R 'AGRICULTURE AR, RTU - RESIDENTI~ZONING
. ~ COM - COMMERCI~ CS -COMMERCI~ZONING
~ OF D~AY B~ACH, FL SFR - SINGLE F~ILY
MR~ - RESIDENTI~ ~ND USE, 5 UN.S/ACRES
P~NNING ~ Z~ING D~AR~ENT VAC - VAC~ CHO/~ - COMMERCI~ HIGH OFFICE ~ND USE
TO:
THRU:
FROM:
SUBJECT:
DAV,~)'I'~ ~TRD ,~. MANAGE R
PAUrL"~0~,LING:I~II~TOR OF PLANNINGA~
JEFFREY A. COSTELLO, PRINCIPAL PLANNER~L~2,Y-~
MEETING OF JULY 16, 2002
CITY INITIATED CORRECTIVE FUTURE LAND USE MAP AMENDMENT FROM
MD (MEDIUM DENSITY RESIDENTIAL 5-'12 UNITS PER ACRE) TO CC
(COMMERCIAL CORE) FOR PROPERTY LOCATED ON THE EAST SIDE OF
GLEASON STREET, APPROXIMATELY 94' SOUTH OF EAST ATLANTIC
AVENUE.
The subject property consists of Lots 4-8, Block 4, Ocean Park Subdivision, and is part of a mixed-
use development (Lots 1-8) consisting of retail shops, offices and apartments. The overall site
currently contains an 8,300 sq.ft, building with approximately 5,800 sq.ft, of retail on the first floor, 2
apartments and 2 offices on the second floor, and 22 on-site parking spaces.
Prior to 1989, the property's Future Land Use Map designation was C (Commercial) and the zoning
designation was LC (Limited Commercial). With the adoption of the City's Comprehensive Plan and
Future Land Use Map in November 1989, the FLUM designation for Lots 4-8 was changed to MD
(Medium Density Residential 5-12 du/ac) and the designation for Lots 1-3 (adjacent to Atlantic
Avenue) was changed to CC (Commercial Core). Subsequently, the entire property was rezoned
from LC to CBD (Central Business District) with the adoption of the Land Development Regulations
and Citywide rezoning in October 1990. Additional background and an analysis of the request is
found in the attached Planning and Zoning Board Staff Report.
At its meeting of May 20, 2002, the Planning and Zoning Board held a public headng in conjunction
with the request. There was no public testimony in opposition to the amendment. After reviewing
the staff report and discussing the proposal, the Board voted 5-0 (Randolph and Peltzie absent) to
recommend to the City Commission approval of the corrective Future Land Use Map amendment
from MD to CC based upon positive findings with respect to Future Land Use Element Policy A-1.7
of the Comprehensive Plan (FLUM Amendment Findings) and LDR Section 3.1.1, and consistency
with the goals, objectives and policies of the City's Comprehensive Plan.
By motion, approve on first reading the FLUM amendment from MD (Medium Density Residential 5-
12 du/ac) to CC (Commercial Core), based upon the findings and recommendation by the Planning
and Zoning Board and set a public hearing date of October 1,2002.
Attachment: P & Z Staff Report of May 20, 2002
: PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Applicant/Agent ............... City of Delray Beach
Owner ............................. William R. Swindle, TR.
Location .......................... Located on the East Side of
Property Size ..................
Existing FLUM ................
Proposed FLUM .............
Current Zoning ................
Adjacent Zoning ..... North:
East:
South:
West:
Existing Land Use ............
Proposed Land Use .........
Water Service ..................
Sewer Service ..................
May 20, 2002
IV. !-3.
City Initiated Future Land Use Map Amendment From MD (Medium Density
Residential 5-12 du/ac) to CC (Commercial Core) for a Property Located on
the East Side of Gieason Street, Approximately 94 Feet South of East
Atlantic Avenue.
.41 i=11 I I t t t Ir"---t
I tB~'c'- cLuB,.
Gleason Street, Approximately
94 Feet South of East
~-tlantic Avenue.
0.27 Acres
MD (Medium Density Residential
5-12 du/ac)
CC (Commercial Core)
CBD (Central Business District)
CBD (Central Business District)
CBD (Central Business District)
CF (Community Facilities)
CF (Community Facilities)
RM (Multiple Family Residential) &
CBD (Central Business District)
Offices
Same as existing
Existing on site
Existing on site
-- iV. I-3.
The action before the Board is making a recommendation to the City Commission on a City
initiated corrective Future Land Use Map (FLUM) amendment from MD (Medium Density
Residential 5-12 du/ac) to. CC (Commercial Core) for a portion of the Frances Brewster
property (1100 E. Atlantic Avenue).
The subject property is located on the east side of Gleason Street, approximately 94' south
of East Atlantic Avenueand contains 0.27 acres.
Pursuant to LDR Section 2.2.2(E), the Local Planning Agency (Planning and Zoning Board)
shall review and make a recommendation to the City Commission with respect to all
amendments to the City's Future Land Use Map.
The subject property consists of Lots 4-8, Block 4, Ocean Park Subdivision, and is part of a
mixed-use development (Lots 1-8) consisting of retail shops, offices and apartments. The
original structure was built in 1954 as a mixed-use development with retail on the first floor
and apartments on the second floor. There have been numerous modifications over the
years. The site currentJy contains an 8,300 sq.ft, building with approximately 5,800 sq.ft, of
retail on the first floor, 2 apartments and 2 offices on the second floor, and 22 on-site
parking spaces.
Prior to 1989, the property's Future Land Use Map designation was C (Commercial) and
the zoning designation was LC (Limited Commercial). With the adoption of the City's
Comprehensive Plan and Future Land Use Map in November 1989, the FLUM designation
for Lots 4-8 was changed to MD (Medium Density Residential 5-12 du/ac) and the
designation for Lots 1-3 (adjacent to Atlantic Avenue) was changed to CC (Commercial
Core). Subsequently, the entire property was rezoned from LC to CBD (Central Business
District) with the adoption of the Land Development Regulations and Citywide rezoning in
October 1990.
Pursuant to Land Development Regulation Section 3.1.1(A) (Future Land Use Map),
all land uses and resulting structures must be allowed in the zoning district within
which the land is situated and, said zoning must be consistent with the land use
designation as shown on the Future Land Use Map.
The property's current MD (Medium Density Residential 5-12 du/ac) Future Land Use Map
designation is inconsistent with its current CBD (Central Business District) zoning
designation, and does not permit the existing mixed-use development. This portion of the
site is part of an overall commercial development and as such should have a similar
commercial designation. The Future Land Use Map amendment is being sought to
eliminate an existing inconsistency with the CBD zoning and commercial use of the site.
P & Z Board Staff Report
1100 E. Atlantic Avenue (former Frances Brewster Property) - Corrective FLUM Amendment from
MD to CC
Page 2
REQUIRED FINDINGS:
Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map
must be based upon the following findings:
Demonstrated Need - That there is a need for the requested land use. The need
must be based upon circumstances such as shifts in demographic trends,
changes in the availability of land, changes in the existing character and FLUM
designations of the surrounding area, fulfillment of a comprehensive plan
objective or policy, or similar circumstances. The need must be supported by
data and analysis. This policy shall not apply to requests for the FLUM
designations of Conservation or Recreation and Open Space.
The current FLUM designation of MD on the property (south 166.7') is inappropriate as
the Medium Density Residential designation is inconsistent with the commercial use on
the property as well as the property's commercial zoning of CBD. This corrective
amendment will apply a Future Land Use Map designation of Commercial Core on the
entire property reflecting the commercial use of the property which has continued since
th~ 1950's. Thus, the amendment will eliminate an inconsistency and correct a mapping
error.
Consistency - The requested designation is consistent with the goals, objectives,
and policies of the most recently adopted Comprehensive Plan.
The proposed FLUM amendment to CC is corrective in nature and eliminates the
confusion of having dual Future Land Use Map designations on one mixed-use site.
Comprehensive Plan Policies:
A review of the applicable Comprehensive Plan Policies was conducted and the
following applicable policy was identified.
Coastal Manaqement Element Policy C-3.2 - There shall be no change in the intensity
of land use within the barrier island and all infill development which does occur shall
connect to the City's storm water management system and sanitary sewer system.
It is noted, the proposed FLUM amendment will change the potential intensity of the
land use, as the Commercial Core designation allows commercial uses. However, the
current MD FLUM designation was established in error and there are currently no
changes proposed to the site with this FLUM amendment that would increase the
intensity of the uses on the property. With regards to residential density, within the CBD
zoning district residential density is limited to 12 units per acre on properties east of the
intracoastal Waterway. Thus, there will be no increase in residential density potential.
Concurrency - Development at the highest intensity possible under the
requested designation can meet the adopted concurrency standards.
P & Z Board Staff Report
1100 E. Atlantic Avenue (former Frances Brewster Property) - Corrective FLUM Amendment fror~
MD to CC
Page 3
The proposed FLUM amendment is corrective in nature and no new development or
redevelopment is proposed with the request. Thus, the request will have no impact with
respect to Concurrency.
Compatibility - The requested designation will be compatible with the existing
and future land uses of the surrounding area.
The requested designation of Commercial Core is consistent with existing uses on the
property as well as the land use designation of the adjacent commercial properties. The
designation is compatible with the adjacent land uses. The property is surrounded by a
mix of commercial, multi-family residential and church uses. It is noted that the multi-
family development to the west currently has an underlying land use designation of
Commercial Core and is currently in the process of being rezoned from RM to CBD.
Since no development changes are proposed and the current uses have existed on the
site since the 1950's, no compatibility concerns are noted with the surrounding uses.
Compliance - Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
T~he subject property is developed and no additional improvements are proposed with
this request. --
The development proposal is not located within the geographical area requiring review by
the Historic Preservation Board.
Community Redevelopment Agency
The CRA reviewed and recommended approval of the request at its meeting of May 1,
2002, and recommended approval.
Downtown Development Authority
The DDA reviewed and recommended approval of the request at its meeting of May 15,
2002, and recommended approval.
Courtesy Notices:
A special courtesy notice was provided to the PROD (Progressive Residents of Delray), the
President's Council and the following homeowners associations:
· Beach Property Homeowners Association
· Via Marina
P & Z Board Staff Report
1100 E. Atlantic Avenue (former Frances Brewster Property) - Corrective FLUM Amendment from
MD to CC
Page 4
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. Two letters opposing the proposed FLUM amendment have been
received from residents of the Venetian Village Condominium. Additional letters of
objection or support, if any, will be provided at the Planning and Zoning Board meeting.
The existing FLUM designation of MD (Medium Density Residential 5-12 du/ac) is
inappropriate for the property as it is zoned CBD (Central Business District) and contains
an existing commercial development, which has existed for many years. The uses will not
be affected by the proposed change. The FLUM amendment will correct a mapping error
and result in FLUM and zoning consistency for the property. No new development or
redevelopment is proposed with this request. Positive findings can be made with respect
to Future Land Use Element Policy A-1.7 (FLUM Amendments Findings) of the
Comprehensive Plan, and Section 3.1.1 of the Land Development Regulations. Further,
the FLUM amendment is consistent with the goals, objectives, and policies of the City's
Comprehensive Plan.
A. Continue with direction.
Bo
Recommend to the City Commission approval of the corrective Future Land Use
Map amendment from MD to CC based upon positive findings with respect to Future
Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment
Findings), and LDR Section 3.1.1, and consistency with the goals, objectives, and
policies of the City's Comprehensive Plan.
Co
Recommend to the City Commission denial of the corrective Future Land Use Map
amendment from MD to CC, based upon a failure to make positive findings with
Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM
Amendment Findings) and Section 3.1.1 (A) of the Land Development Regulations,
with the basis stated.
Recommend to the City Commission approval of the corrective Future Land Use Map
amendment from MD to CC based upon positive findings with respect to Future Land Use
Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings) and LDR
Section 3.1.1, and consistency with the goals, objectives, and policies of the City's
Comprehensive Plan.
Attachments: Location map, Future Land Use Map & Zoning Map
P & Z Board Staff Report
1100 E. Atlantic Avenue (former Frances Brewster Property) - Corrective FLUM Amendment fror~
MD to CC
Page 4
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. Two letters opposing the proposed FLUM amendment have been
received from residents of the Venetian Village Condominium. Additional letters of
objection or support, if any, will be provided at the Planning and Zoning Board meeting.
The existing FLUM designation of MD (Medium Density Residential 5-12 du/ac) is
inappropriate for the property as it is zoned CBD (Central Business District) and contains
an existing commercial development, which has existed for many years. The uses will not
be affected by the proposed change. The FLUM amendment will correct a mapping error
and result in FLUM and zoning consistency for the property. No new development or
redevelopment is proposed with this request. Positive findings can be made with respect
to Future Land Use Element Policy A-1.7 (FLUM Amendments Findings) of the
Comprehensive Plan, and Section 3.1.1 of the Land Development Regulations. Further,
the FLUM amendment is consistent with the goals, objectives, and policies of the City's
Comprehensive Plan.
A. Continue with direction.
Bo
Recommend to the City Commission approval of the corrective Future Land Use
Map amendment from MD to CC based upon positive findings with respect to Future
Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment
Findings), and LDR Section 3.1.1, and consistency with the goals, objectives, and
policies of the City's Comprehensive Plan.
Recommend to the City Commission denial of the corrective Future Land Use Map
amendment from MD to CC, based upon a failure to make positive findings with
Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM
Amendment Findings) and Section 3.1.1 (A) of the Land Development Regulations,
with the basis stated.
Recommend to the City Commission approval of the corrective Future Land Use Map
amendment from MD to CC based upon positive findings with respect to Future Land Use
Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings) and LDR
Section 3.1.1, and consistency with the goals, objectives, and policies of the City's
Comprehensive Plan.
Attachments: Letters of Opposition, Location Map, Future Land Use Map & Zoning Map
~107566~37
WILLIAM lvL HAYTER
14 E~ PLACE
EATONTO~q~, N.J. 07724
-OR
7~ VENETIA~ DR.
DELRAY BEACH, FLA. 33483
CITY OF DELRAY BEACH
100 N.W. ]ST AVE
DELRAY BEACH, FLA. 33444
ATTN: PLANNING & ZONING
MAY 14, 2002
TO WHOM IT MAY CONCERN:
I AM WRITING TO YOU REGARDING 3 NOTICES THAT I RECEIVED
REGARDING PROPOSED CHANGES TO ZONING & LAND USE ON 3
PROPERTIES THAT ARE WITHIN 500 FEET OF MY RESIDANCE. THE NOTICES
IN QUESTION ARE FILE # 2002-200, 2002-214 & 2002-234.
,
I AND MY FELLOW RESIDENTS ARE VEHEMENTLY OPPOSSED TO
THESE CHANGES, AND THE MANNER IN WHICH THEY ARE PROPOSED.
THEY WERE CONVENIENTLY I-IE~ UP UNTIL MOST OF THE RESIDENTS
WERE GONE FOR THE SEASON. WHILE WE REAL!Zg- THAT WE ARE SNOW
BIRDS, WE PAY OUR TAXES AND SHOULD HAVE A RIGHT TO BE HEAKD
WHEN WE ARE IN RESIDANCE. I PURCHASED MY APARTMENT 17 YEARS
AGO WITH THE UNDERSTANDING THAT I WAS IN A RESIDENTIAL AREA,
ALTHOUGH ONE OF HIGH DENSITY, DUE TO THE FACT THAT WE ARE
SURROUNDED BY OTHER CONDOMINIUMS. I BOUGHT IN DELRAY
BECAUSE I LOVE THE TOWN AND THE LOCATION. WE DON'T NEED
COMMF_,RCIAL BUILDINGS AND PARKING GARAGES IN OUR BACK YARD.
I MENTION THIS ONLY BECAUSE I REALIZE THAT THIS IS ONLY A ZONING
AND USE CHANGE, BUT I HAPPEN TO KNOW THAT A HIGH RISE PARKING
GARAGE IS ON THE PLANNING BOARD IN THE NOT TOO DISTANT FUTURE.
THE PREVIOUS ADMINISTRATION DID A WONDERFUL JOB OF
BUILDING DELRAY INTO A GREAT PLACE TO LIVE AND DO BUSINESS, AND
CERTAINLY MADE THE TOWN ONE TO BE PROUD OF. I HAVE HOWEVER,
NOTICED A CHANGE OF ATTITUDE AND AN ATTEMPT TO GET RID OF
BUSINESSES THAT WERE ON ATLANTIC AVE. IN AN OBVIOUS ATTEMPT TO
BUILD SOME NEW RETAIL OPERATIONS AT THE EXPENSE OF THE CURRENT
RESIDENTS THAT LIVE NEAR ATLANTIC AVE. I AlVl NOT AGAINST
PROGRESS, BUT QUESTION THE WISDOM OF CHANGING ZONING AND
DENSITY USE, AND REALLY WONDER WHO OR WHOM BENEFIT FROM
NAY 15 2082 '
SUCH CHANGES. CERTAINLY NOT THE RESIDENTS, WHO, BY THE WAY,
HAVE JUST BEEN ASSESSED A 33% TAX INCREASE, MAINLY DUE TO TI-~
CITY TAX THAT HAS RISEN DRASTICALLY UNDER THE N~W
ADMINISTRATION.
PLEASE CONSIDER DARRYL BUSH MY REPRESENTATIVE TO SPEAK
IN MY BEHALF. MR. BUSH IS A WELL KNOWN LOCAL REAL ESTATE PERSON
THAT CAN COMMENT ON WHAT THESE CHANGES WILL DO TO OUR
PROPERTY VALUES.
Yours .'mm.v,
WILLIAM M.
PS. 1 AM ALSO THE PRESIDENT OF VENETIAN VILLAGE CONDOMINIUM
ASSOCIATION.
RECEIVED
Venetian Village Condominium Assoc., Inc
75 Venetian Drive
Dekay Beach, Florida 33483
May 14, 2002
Mr. Paul Dorling, Director Planning and Zoning
100 N.W. 1~t Avenue
Delray Beach, Florida 33483
RE: Files 2002-200, 214, and 234
Dear Mr. Doffing,
On behalf of our President, Mr. William Hayt~, and our Board of Directors I am
writing to voice our displeasure over the attempt to change the zoning regulations
pursuant to File 2002-200, 2002-214, and 2002-234.
Venetian _Village Condominium Association is highly opposed to any change in
the zoning classification east of the intracoastal bDidge on Atlantic Avenue. We feel that
the zoning classification, "multiple family residentii~I - medium density" is very
illustrative of our beautiful beach neighborhood. We are strongly against any change
especially to, "Central Business District". We reside on a barrier island not in a central
business district.
Please place our opposition on the public record.
Thank you for your consideration.
Sincerely,
· Regan
Secretary, Treasurer
MAY ! 5 2002
Joseph A. Regan
75 Venetian Drive 4B
Delray Beach, Flor/da 33483
May 14, 2002
Mr. Paul Dorlin~ Dircc'tor Planning and Zoning
] 00 N.W. 1 ~ Avmue
Dzlray B~cb, ~ofida 334~. 4
R.E: 2002-200, 214, and 234
Dear Mr. Doffing
We are/n rezeip~ o£lerters from your office re__*~arding pro?osed chan~es in zomng
or fi_rture land map ~e for three propemes ven~ close to om- residence.
,~'fiiizarion.
We are very ~appy i/ring on our idyllic barri=r island as it ex~s*z al pr_esmt
A',taotic Avenue east of~e inu'azoasml wm..'-rway should n~,er be changed ~o be_ par~ of
Beach's, "cen'a"al bus/ness disrr/zr".
Our qL~2iD; O£ iix~/n this ty:~azef-al neighborhood as it now exists is exaz'dy whm
we dream~ aborn since our first xSxit to D~tray Be. ach/n late 1972. Pl~..ase no~e that I did
not s~ l)elray Central B~siness District Beaclz
Tkis i ~deal and the potential threaI to our property values d,.~te, riom6ng dz~nds
tha~ we stand very., strongly ~ any change in the cra-rent zoning re~malaziom.
Please ~ om'firm objeections ~?ir~ Files g 2002-200, 2002-214 and 2002-234
on the r~corrt
Thank you for your art,.'-~on xo th/s matt~.
~ I I " THOMAS STREET
! I I / / ~ ] LOgY ~ SmEET MANOR HOUSE
~ .... I ~ I DELRAY ~ ~~ ~~ I ~T~ ~~
~ ~1 ,
~RRACE ' ~ m ~
-,~ I~RRAqE ~ SPANISH ~ i~ DELRA V BEACHI
~ I CONDO ~ I1[ RIVER I I I ~ MA~IOTT I
ATLANTIC AVENUE ~
, i1 I BAR I~1 I~1 I ~ ~~ I I
I
~ DOVER HOUSE CONDO ~
N Cl~ INITIATED
~ CORRECTIVE MAP AMENDMENT
~ ~ D~AY BEACH, ~
u
~/~ ~ , CONDO
---- . CC
~:
, - ~ SPANISH E ' I I
MIRAMAR
I
,~ o~%~~ , ':1 II
N
~ FLUM
GROVE
CONDO
STA.
NO. 2
.SPA NI.SH
RI VER
RESORT
ATLANTIC
AVENUE
DELP, A Y BEACH
I,/A RRI 0 T T
IdlRAMAR
STREET
RM
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DOVER HOUSE CONDO
OCEAN PLA CE
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N
CITY OF DELRAY BEACH, FL
PLANNING &: ZONINGDEPARTMENT
ZONING
-- DIGITAl. 8,4EE' MAP SYSTEM --
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER\~ t'-x~
AGENDA ITEM \ xax-' . REGULAR MEETING OF JULY 16, 2002
RESOLUTION NO. 60-02 (STORMWATER UTILITY SYSTEM)
JULY 12, 2002
In accordance with Chapter 56, "Stormwater", of the City Code, Resoluuon No. 60-02 establishes
the budget for the stormwater utihty system, establishes the rates for FY 2003 stormwater
management assessments, and certifies and adopts the stormwater management assessment roll. Prior
to consideration, a public hearing is required.
The assessment is proposed at the rate of $4.50 per month per Equivalent Residential Unit (ERU), for
a total annual assessment of $54.00 per ERU. This is the same as the current year assessment.
Property owners within the Lake Worth Drainage District are given a 25% discount. A separate 25%
discount is given to owners of property served by private drainage systems. ,
The proposed budget for the stormwater utility fund is incorporated in Resolution No. 60-02 as
Exhibit "A". The rate structure with condominium factors is attached to the resolution as Exhibit
"B". The assessment roll will be available for review m the Commassion Chambers at the July 16~h
meeting.
Recommend approval of Resolution No. 60-02.
RefiAgmemol 9.Res.60-02..Storrawater.07.16.02
RESOLUTION NO. 60-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, ESTABLISHING A BUDGET
FOR THE STORMWATER UTILITY SYSTEM; ESTABLISHING
RATES FOR STORMWATER MANAGEMENT ASSESSMENTS
FOR EACH PARCEL WITHIN THE BENEFITED AREA,
OTHER THAN NON-ASSESSED PROPERTY; PROVIDING
FOR A PUBLIC HEARING, ALL IN ACCORDANCE WITH
CHAPTER 56 OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, AND RELEVANT
STATUTORY AUTHORITY; PROVIDING FOR THE
CERTIFICATION AND ADOPTION OF THE STORMWATER
ASSESSMENT ROI ~1..
WHEREAS, the City Commission of the City of De[ray Beach, Florida, did, on
July 6, 1990, adopt Ordinance No. 21-90 which provides for the creation and establishment of a
City-wide Stormwater Management System; and
WHEREAS, the City Commission of the City of Dekay Beach did, on April 27,
1993, adopt Ordinance No. 35-93 which amended Chapter 56 of the Code of Ordinances of the
City of Delray Beach to provide for the method of establishing and collecting Stormwater
Management Assessments; and
WHEREAS, the statutory authority for the creation and implementation of
Ordinance No. 21-90, as amended, is predicated on Article VIII, Section 2(b) of the Florsda
Constituuon; Chapter 166, Florida Statutes, as amended and supplemented; Section 403.0893,
Florida Statutes, as amended and supplemented; Chapter 197, Florida Statutes, as amended and
supplemented; the City Charter of the City of Delray Beach, Florida; and other applicable
provisions of law; and
WHEREAS, the City Commission of the City of Delray Beach has found that
owners, tenants and occupants of property within the geographical boundaries of the City will
derive a special benefit from the effective management of stormwater and other surface water and
from the operation, maintenance and expansion of the stormwater management system; and
WHEREAS, Chapter 56 of the City Code estabhshes that the rate for stormwater
management assessments for each parcel within the benefited area, other than with respect to non-
assessed property, shall be established each year by resolution of the City Commission; and
WHEREAS, Chapter 56 of the City Code provides that such rate resolution shall
not be adopted prior to the establishment of an operational budget for the system or prior to
conducting a rate hearing as required by applicable law; and
WHEREAS, Chapter 56 of the City Code provides that such budget shall include,
but not be limited to, a capital element, a debt service element and an Operation and Maintenance
element and further requires that the rate hearing and rate resolution shall clearly establish what
portion of the stormwater management assessment reflects the capital element, the debt service
element, if any, and the Operation and Maintenance element; and
WHEREAS, a budget of operation for the year ending September 30, 2003, is set
forth in Exhibit "A" and is established in conformity with the requarements of Ordinance No. 21-
90, as amended, and Chapter 56 of the Code of Ordinances of the City of Dekay Beach; and
WHEREAS, billing and collection of the stormwater management assessment shall
be accomplished utilizing the uniform method of collection; and
WHEREAS, a rate for stormwater management assessments for the various classes
of property (other than non-assessed property) within the benefited area shall be calculated as
provided in Chapter 56 of the City Code, and as further set forth in Exbabit "B" to this resolution;
and
WHEREAS, a public hearing on this resolution setting the rates and adopting the
budget and for the purposes of adopting and certifying a stormwater assessment roll was duly
noticed; and
WHEREAS, the City, upon adoption of the budget and rates, shall review the
stormwater assessment roll to determine its conformity with the proposed rate resolution and if
upon the compleuon of such review the City shall be satisfied that the Stormwater Management
Assessment Roll has been prepared in conformaty with the proposed rate resolution, it shall adopt
said resolution and ratify and confirm the Stormwater Management Assessment Roll and certify
that the Stormwater Management Assessment Roll ~s correct and proper and is to be used in
collecting the stormwater management assessments. Thereafter, the City Commission, if no
objections are made by persons affected by the assessment roll at the public hearing or if
objections having been made are deemed insufficient by the City Commission, shall thereupon
adopt the assessments as shown by the Assessment Roll; and
WHEREAS, the owner of each parcel within the benefited area for which a
stormwater assessment is levied shall thereafter be responsible for payment therefor.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission does hereby adopt the aforementioned
preamble in ~ts entirety.
Section 2. That the City Commission does hereby adopt, after public hearing, the
-2-
Res. No. 60-02
budget as established in Exhibit "A" hereto which is incorporated herein.
Section 3. That the City Commission does hereby adopt, after public hearing, the
rates as set forth in Exhibit "B" hereto which is incorporated herein.
Section 4. That the City Commission hereby adopts and certifies the Stormwater
Management Assessment Roll.
PASSED AND ADOPTED in regular session on this the 16e~ day of July, 2002.
ATTEST: M A Y O R
City Clerk
-3-
Res. Mo. 60-02
Property
Description
Single Family
Residential
Condominium
Single C)xvner
Multi-Family
Residential
Non-Residential
Developed
Undeveloped
EXHIBIT "B" TO RESOLUTION NO. 60-02
Rate Structure
($4.50/Mo./ERU) (12 Mo.) (1 ERU)
($4.50/Mo./ERU) (12 Mo.) (Condo Factor)
(ERU/Unit)
($4.50/Mo./ERU) (12 Mo.)
($4.50/Mo./ERU) (12 Mo.)
($4.50/Mo./ERU) (12 Mo.) (1.20 ERU/AC)
Total 12 Month
Assessment
$ 54.00
$ 54.00
x CF*
$ 54.00/ERU
$ 54.00/ERU
$ 64.80/AC
All properties within the Lake Worth Drainage District (LWDD), as indicated by the LWDD's
boundary map, shall receive a 25% discount.
All properties for which the City does not provide for the maintenance of street drainage systems
shall receive a 25% discount.
*A specific condominium factor (0.0 - 1.0) has been determined for each condominium
development. A list of those factors is attached.
-4-
Res. No. 60-02
Exhibit "A"
FY 2002-03
FUND 448 STORMWATER UTILITY FUND
Dcpt 54 Stormwatcr Utility
Div 11 Administration
12-10
21-10
22-10
22-30
23-10
23-20
23-30
24-10
25-10
25-20
Regular Salaries/Wages
Employer FICA
General Employee Retirement
ICMA Contribution
Life Insurance
Disability Insurance
Health Insurance
Workers' Compensation
Unemployment Compensation
Employee Assistance Program
PERSONAL SERVICES
31-30
32-10
40-10
41-10
42-10
43 -50
44-30
4445
45-10
46-30
46-90
49-22
49-90
51-10
51-90
52-10
52-22
54-10
54-15
54-20
54-30
Engineering/Architect
Audit/Accounting Fees
Travel and Training
Telephone Expense
Postage
Stormwater Charges
Equipment Rental/Lease
Vehicle Rental - Garage
General LiabRity
Vehicle Maintenance - Garage
Other Repair/Maintenance Costs
Share of Administrative Expense
Other Current Charges
Stationery/Paper/Forms
Other Office Supplies
Fuel/Lube Vehicles
Uniforms/Linen Service
Books and Publications
Subscriptions
Memberships
Training/Education Costs
OPERA TING EXPENSES
66-10
Software
CAPITAL OUTLAY
91-01
Transfer to General Fund
NON-OPERA TING EXPENSES
2003
Proposed
$ 36,910
2,780
770
370
190
260
4,480
1,320
30
50
47,160
22,170
500
500
220
150
500
2,760
1,780
5,150
700
9,360
65,000
500
150
400
150
50
50
830
310
111,320
4,850
4,850
75,000
75,000
** ADMINISTRATION $ 238,330
Exhibit "A"
FY 2002-03
FUND 448 STO~ATRR UTILITY FUND
Dept 54 Stormwater Utility Div 16 Maintenance
12-10 Regular Salaries/Wages
14-10 Overtime
15-10 Other Pay
21-10 Employer FICA
22-10 General Employee Retirement
22-30 ICMA Contributions
23-10 Life Insurance
23-20 Disability Insurance
23-30 Health Insurance
24-10 Workers' Compensation
25-10 Unemployment Compensation
25-20 Employee Assistance Program
* PERSONAL SER VICES
31-20
34-70
34-78
34-90
40-10
41-15
43-10
43-25
44-10
44-30
4445
45-10
46-20
46-30
46 -90
49-16
51-10
51-20
51-90
52-10
52-20
52-22
52-24
52-26
52-27
53-20
54-20
54-30
*
Medical
Photo/Microfilm Se~aeices
Repair and Upkeep Canals
Other Contractual Services
Travel & Training
Portable Phone/Beeper
Electricity
Irrigation Water
Land Rental/Lease
Equipment Rental/Lease
Vehicle Rental - Garage
General Liability
Equipment Maintenance
Vehicle Maintenance - Garage
Other Repair/Maintenance Cost
CDL Renewal
Stationery/Paper/Forms
Office Equipment < $750
Other Office Supplies
Fuel/Lube Vehicles
General Operating Supplies
UnifommtLinen Service
Building Materials
Gardening Supplies
Equipment < $750
Repairs - Drainage
Memberships
Training/Education Costs
OPERA TING EXPENSES
63-90
*
Other Improvements
CAPITAL OUTLAY
STORMWATER SYSTEM MAINTENANCE
2003
Proposed
155,020
8,750
300
12,170
3,230
980
960
1,070
22,410
12,280
140
240
217,550
570
100
9,450
24,270
700
30
7,330
2,800
1,630
1,000
27,760
8,430
350
23,350
16,150
9O
50
300
300
6,500
5,000
2,200
1,300
5,000
2,450
10,000
50
510
157,670
35,000
35,000
$ 410,220
E hibit "A"
FY 2002-03
FUND 448 STORMWATER UTILITY FUND
Dept 54 Stormwater Utility Div 61 Capital
65-66 NE 4th Street-Seawall
65-67 Tropic Isles CB R&R
xx-x.x Old Dixie Highway-South of SE 10th St
xx-xx Osceola Park
* CAPITAL OUTLAY
** CAPITAL
2003
Proposed
$ 40,000
100,000
40,000
49,040
229,040
$ 229,040
Dept 71 Debt Service
Div 11 Debt Service
71-16 Stormwater Note
72-16 Stormwater Note-Interest
* Debt Servtce
** DEBT SERVICE
2003
Proposed
$ 726,870
68,370
795,240
795,240
*** STORMWATER UTILITY FUND [ $ 1,672,839,
City of Delray Beach, Florida Program: SWLIB/SWCONDO
STORMWATER MANAGEMENT ASSESSMENT Prepared: 7/03/02, 13:35:05
CONDOMINIUM RATES FOR TAX YEAR 2002 Pa~e: 1
Condominium Units ERUs
Acacia House
Admiral Apts.
Anchorage
Ardmore
Arnold Industrial Park
Bahama House of D.B./Brook Maven/Ocean Reach Apts.
Balmoral
Banyan House
Banyan Tree Village
Bar Harbour
Barr Terrace
Barrton Apts.
Beach Cabanas
Beach House of Delray
Beekman
Berkeshire II
Berkshire I
Bermuda Hig~ .
Bermuda High South
Bermuda High West
Blairs Arcade
Blairs Downtown
Block 60
Boca Isle/Point at Delray Beach
Brooks Lane
Cambridge
Captains Walk
Casa Del Mar
Casa Playa
Chevy Chase
Churchill
Coach Gate
Coastal House
Colri~ge
Commodore Apts.
Congress Professional Buildin9
Coral Cove
Costa Del Rey
Costa Del Rey North
Country Manors
Court of Delray
Cove Apts
Crest
Del Harbour
Del Harbour Condominium
Delhaven
Delray Bch Club
Delray Beach Yacht Club Condo
Delray Dental Specialists
Delray Estates
Delray Golfview
Delray Harbour Club
Delray Oaks
Delray Oaks West
3 .91
10 .70
8 .32
13 70
3 1 00
22 70
12 57
65 63
55 96
85 39
96 38
103 .46
12 64
12 70
14 70
48 1 00
23 79
22 1 00
29 94
46 1 00
5 1 00
3 89
92 .13
93 .69
6 1 00
8 1 00
57 86
11 49
11 73
16 70
30 60
7 97
85 41
3 87
8 70
3 1 00
7 70
40 63
30 77
440 1 00
43 .40
5 70
6 79
18 32
4 70
24 74
77 47
12 53
3 70
324 55
36 57
50 44
142 95
256 1 00
City of Delray Beach, Florida Program: SWLIB/SWCONDO
STORMWATER MANAGEMENT ASSESSMENT Prepared: 7/03/02, 13:35:05
CONDOMINIUM P~ATES FOR TA~ YEAR 2002 Page: 2
Condominium Unit s ERUs
Delray Ogean villas
Delray Place
Delray Shores Professional
Delray Summit
Domaine Delray
Dover House
Eastview of Delray Beach
Eastview Village Square
Eastwinds
Eight Hundred Ocean Place
Environment I
Fairway
Fall Ridge
First Encounter
Georgia Street Industrial Park
Golfview Colony
Greensward Village
Grove
Hamilton House
Harbour Pointe of Delray
Harbour Villas
Harhourside I-III
High Point
Imperial Manor
Imperial Villas
In~raham House
Inlet Cove
Inner Circle
Intercoastal Cove
Jardin Del Mar
Lago Del Rey
La~o Del Rey North Amsterdam
Lakeview Greens
Landings of Delray Beach
Lanikal Villas
Lavers Delray Racquet Club
Ledges
Linton Ridge
Linton Woods
Lyndon Arms
Manor House
Marina Del Rey
Martel Arms
Miramar Gardens
Narberth/Ocean Aire
New Monmouth
Ocean East
Ocean Place
Ocean Terrace
One Sixty Center
One Ten Apts
Outrigger
Palm Square
Palm Trail
15
42
8
66
60
45
3
24
84
8
92
72
60
46
3
8
136
28
24
10
17
176
1,992
12
199
4
16
16
4
38
338
30
128
64
24
566
3
84
24
8
24
10
30
48
14
17
8
29
8
5
4
25
8
22
70
35
00
41
91
48
70
00
69
00
93
00
00
70
00
O0
91
99
77
70
56
67
.76
70
96
70
00
72
70
83
86
57
90
00
52
00
7O
39
00
64
67
70
00
38
7O
70
85
00
7O
00
7O
00
70
7O
City of Delray Beach, Florida Program: SWLIB/SWCONDO
STORMWATER MANAGEMENT ASSESSMENT Prepared: 7/03/02, 13:35:05
CONDOMINIUM RATES FOR TAX YEAR 2002 Page: 3
Condominium Units ERUs
Palm Villas
Park View Manor
Patio Beach
Pelican Pointe
Penthouse Delray
Pine Beach South
Pines of Delray
Pines of Delray North
Pines of Delray West
Plum
Ranger
Sabal Pine
Sabal Pine East
Sabal Pine South
Sands Terrace
Savoy
Seabreeze of Delray
Seagate Manor
Seagate Towers
Seastone Apts.
Seaway Villas of Delray Beach
Serena Vista
Seven Seventy 17th Ave.
Sloan Hammock Land
South County Professional
South Ocean
South Shore Club
Southridge
Southridge Village
Southwinds
Spanish River
Spanish Trail
Spanish Wells
St Tropez
Stor-all
Sunset Pines
Tahiti Cove
Talbot House III
Three Fifty Five Building
Town & Country
Tropic Bay 1-17
Tropic Harbor
Tropic View
Twelve-O-Two
Valhalla
Venetian Drive Townhouse
Venetian Village
Villas Delray
Vista Lago
Waterview Apts.
Waterway East
Waterway North
Wedgewood
Williamsburg Inn
60
16
10
56
8O
6
685
700
287
7
10
256
222
128
14
8
5
63
149
10
6
30
9
5
45
10
15
37
68
84
81
20
240
64
12
66
18
4
7
148
399
222
48
6
8
4
14
7
14
8
21
15
6
12
1 00
55
70
1 00
41
70
72
99
75
1 00
70
85
93
87
50
7O
69
.51
49
34
70
1 00
70
98
1 00
1 00
1 00
1 00
90
69
34
59
72
43
70
1 00
79
70
1 00
57
61
49
1 00
58
1 00
.70
1 00
39
70
67
1 00
92
70
70
City of Delray Beach, Florida
STORMWATER MANAGEMENT ASSESSMENT
CONDOMINIUM RATES FOR TAX YEAR 2002
Condominium
Windemere House
Winston
Woodbrooke
Total condominium units . . . : 12,041
Average ERU/unit ...... : .76
165 Records processed
-- End of Listing --
Program:
Prepared:
Page:
Units
30
8
13
SWLIB~SWCONDO
7/03/02, 13:35:05
4
ERUs
.63
.56
.66
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~T5 ~ . REGULAR MEETING OF JULY 16,2002
ORDINANCE NO. 26-02 (AMENDING LDR SECTIONS 3.1.1.fl5) AND
2.4.3(A)(9))
MARCH 1, 2002
This ordinance is before Commission for second reading and second public hearing to amend Land
Development Regulations (LDR) Sections 3.1.103) and 2.4.3(A)(9) implementing public school
concurrency into the development review process.
This amendment is being processed to be compliant with the terms of Comprehensive Plan
Amendment 2001-03, relating to school concurrency which created a new Public Schools Facilities
Element, and revisions to the Capital Improvement Element to include the Palm Beach County
School District's adopted Five-Year Capital Facilities Plan. The interlocal agreement requires all
participating municipalities to amend their Land Development Regulations to add public school
concurrency into the development review process.
The Planning and Zoning Board held a public hearing regarding this item. There was no public
testimony. After reviewing this amendment, the Board voted 5-0 to recommend to the City
Commission approval of the proposed amendment, based upon positive findings with respect to
LDR Section 2.4.5(M), and that the amendment is consistent with and furthers the goals, objectives,
and policies of the City's Comprehensive Plan.
At the first reading on July 2, 2002, The City Commission passed the Ordinance No. 26-02.
Recommend approval of Ordinance No. 26-02 on second and final reading.
S:\C~ty Clerk\chevelle folder\agenda memos\Ord.26 02.07.16.02
TO:
THRU:
FROM:
SUBJECT:
CITY COMMISSION DOCUMEN~'~TiON
DAVID T. HARDEN, CITY MANAGER ~.~ ~~
PAUL DORLING, DIRECTOR OF PLAN_N~ND ~O I~IG
DAN MARFINO, PRINCIPAL PLANNER-~'~~t ' _.,_.
MEETING OF JULY 2, 2002 *CONSENT AGENDA*~%
REGULATIONS SECTION 3.'1.1(B) AND SECTION 2.4.3(A)(9) TO ADD PUBLIC
SCHOOL CONCURRENCY AS
SUBMISSION REQUIREMENTS.
A REQUIRED FINDING AND TO MODIFY
BAGKGR~BND ~
At its meeting of December 11, 2001, the City Commission adopted Comprehensive Plan
Amendment 2001-03, relating to school concurrency This amendment ~ncluded the creation of a
new Pubhc Schools Facilities Element, and rews~ons to the existing Capital Improvement Element
to ~nclude the School D~stricts adopted Five-Year Capital Facilities Plan. The context of the
amendment was adopted by 25 other municipalities, and the County pursuant to an interlocal
agreement adopted by the C~ty Commission at their meeting of October 3, 2000.
The interlocal agreement requires that all participating municipalities amend their land
development regulations in order to ~mplement the terms of the interlocal agreement and the goals,
objectives and policies of the adopted comprehensive plan Th~s amendment is being processed
in order to make the necessary changes to the Land Development Regulations to implement public
school concurrency ~nto the development review process
Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a
finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of
the Comprehensive Plan.
As the proposed text amendments incorporate school concurrency into the development review
process, it is consistent and furthers Comprehensive Plan Policies: B-2.1, B-2.2, and B-2.3 of the
Future Land Use Element, A-3 6 and Table CI-GOP-1 of the Capital Improvement Element These
policies and table estabhsh Concurrency for specific services and fac~hties, as a required
development review item Similarly, the text change also furthers and supports Public Schools
Facdities Element ObJective A-l, and Polices A-1 1 & A-1 4, which estabhsh the (LOS) level of
service for public schools.
PLANNING AND ZONING BOARD CONSIDERATION
At its meeting of June 17, 2002, the Planning and Zoning Board considered the request at a public
hearing. There was no public comment concerning the proposed amendment After reviewing the
staff report and d~scussion, the Board voted 5 to 0 (Sowards and Krall absent), to recommend
approval
By motion, approve the attached amendments to the LDR Sections 3.1.1(B) and 24.3(A)(9) ,
based upon positive findings with LDR Section 2.4.5(M), and that the amendment ~s consistent with
and furthers, the goals objectives and policies of the City's Comprehensive Plan
Attachment
· Proposed Amendments
· Amendment Ordinance
· P & Z Staff Report of June 17, 2002
S ~, P&Z~boards~ttycommJsslon~DR SC CCDoc doc
ORDINANCE NO. 26-02
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING
ARTICLE 3.1, "REQUIRED FINDINGS FOR LAND USE AND LAND
DEVELOPMENT APPLICATIONS", SECTION 3.1.1 (B), "CONCURRENCY", TO
PROVIDE FOR THE IMPLEMENTATION OF THE PUBLIC SCHOOL
CONCURRENCY AMENDMENT; AMENDING ARTICLE 2.4, "GENERAL
PROCEDURES", SECTION 2.4.3(A), "STANDARD APPLICATION ITEMS",
PROVIDING FOR A COMPLETED SCHOOL CONCURRENCY APPLICATION
AS A STANDARD APPLICATION ITEM; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVINGS CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public heating held on June 17, 2002, and voted 5 to 0 to recommend
that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the Planning and Zoning Board, sitting
as the Local Planning Agency, has determined that the change is consistent with and furthers the goals,
objectives and polities of the Comprehensive Plan.
WHEREAS, Section 163.3180(13), Flodda Statutes, authorizes Palm Beach County and the
municipalities, unless exempt under sub-section 163.3180(13)(01., Flodda Statutes, to adopt a school
concurrency program; and
WHEREAS, Section 163.3180(13), Florida Statutes, requires that prior to establishing a school
concurrency program, Palm Beach County, the affected municipalities and the Palm Beach County
School Board adopt an Interlocal Agreement for school concurrency to satisfy Section 163.3177(6)0a) 1
and 2, Florida Statutes, and
WHEREAS, such an Interlocal Agreement was entered into by Palm Beach County, the Palm
Beach County School Board, the City of Delray Beach and twenty-five (25) other Palm Beach County
municipalities; and
WHEREAS, pursuant to the terms of the Interlocal Agreement, Palm Beach County and all
twenty-six (26) municipalities have adopted certain Comprehensive Plan amendments; and
WHEREAS, pursuant to the terms of the Interlocal Agreement, the City of Delray Beach has
adopted Comprehensive Plan Amendment 2001-03 to comply with its Agreement; and
WHEREAS, the Interlocal Agreement farther requites that all participants amend their land
development regulations to implement the terms of the Interlocal Agreement and their adopted
Comprehensive Plans; and
WHEREAS, the City is hereby mending its Code of Ordinances to provide for the
implementation of the Public School Concurrency Amendments; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Article 3.1, "Required Findings for Land Use and Land Development
Applications", Section 3.1.1 CB), "Concurrency" of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows:
CB) Concurrency.: Concurrency as defined pursuant to Objective B-2 of the Future Land
Use Element of the Comprehensive Plan must be met and a determination made that the public facility
needs, including public schools, of the requested land use and/or development application will not
exceed the ability of the City and The School District of Palm Beach County to fund and provide, or to
require the provision of, needed capital improvements in order to maintain the Levels of Service
Standards established in Table CI-GOP-1 of the adopted Comprehensive Plan of the City of Delray
Beach.
Section 2: That Article 2.4, "General Procedures", Section 2.4.3(A), "Standard Application
Items", of the Land Development Regulations of the Code of Ordinances of the City of Delxay Beach,
Florida, be and the same is hereby amended to read as follows:
(A) Standard Application Items: Every application for a development approval shall
contain the following items:
(1) A completed application form, appropriate for the development approvalwhich
is sought, as provided by the Director.
(2) A copy of the latest waxvanty deed, as recorded with the County clerk, for all the
property under consideration, and a certificate from an attorney-at-law or a title insurance company
certifying who the current fee simple title holders of record of the subject property are, and the nature
and extent of their interest therein.
2 ORD. NO. 26-02
(3) If the applicant is other than a single person owner, the written consent of the
owner(s) must be provided in a certified form. When an application is executed on behalf of a
corporation or a business entity, documentation must be provided which demonstrates that the
corporation's representative is authorized to act on behalf of the corporation.
(4) A vicinity map which clearly shows the subject property, adjacent properties, and
their relationship to streets located within one-half mile of the property.
(5) A survey or plat which shows the property described pursuant to the legal
description contained in the warranty deed required in subsection (2), above. Such survey or plat shall
show all improvements on the property and must be certified as reflecting conditions on the site as they
existed within six (6) months prior to the filing of the application.
(6) For all items which involve a public hearing which must be noticed by letter, a
list of adjacent property owners pursuant to Section 2.4.2(B)(1)(m).
(7) Copy of a letter of notification to utility providers to which a copy of the site
plan or plat is provided. (Standard form letter provided by the city). [Reference 2.4.2(C)(2)(a)].
schedule.
Payment of the appropriate processing fee. See Section 2.4.3(K) for the fee
(9) A completed "School District of Palm Beach County - School Concurrency
Application and Service Provider Form", a.nd a check or money order for the appropriate fee, made
payable to: The School District of Palm Beach County. This is required for all projects which include
residential dwelline units.
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.
ORD. NO. 26-02
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,2002.
Al'TEST
MAYOR
City Clerk
First Reading
Second Reading
4 ORD. NO. 26-02
City Commission Documentation
Meebng of July 2, 2002
LDR Amendment- Secbon 3 1.1 (B) (Concurrency) and Section 2.4 3 (A) (Standard Applicabon Items)
Page 2
PRopOSED AMENDMENTS
ARTICLE 3.1 REQUIRED FINDINGS FOR LAND USE AND LAND DEVELOPMENT
APPLICATIONS
Section3.1.1 Required Findings: Prior to the approval of development
applications, certain findings must be made in a form which is a part of the official record.
This may be achieved through information on the application, written materials submitted
by the applicant, the staff report, or minutes. Findings shall be made by the body which
has the authority to approve or deny the development application.
(B) Concurrency: Concurrency as defined pursuant to Objective B-2 of the
Future Land Use Element of the Comprehensive Plan must be met and a determination
made that the public facihty needs, including pubhc schools, of the requested land use
and/or development application will not exceed the ability of the City and The School
District of Palm Beach to fund and provide, or to require the provision of, needed capital
improvements in order to maintain the Levels of Service Standards established in Table
CI-GOP-1 of the adopted Comprehensive Plan of the City of Delray Beach.
Section 2.4.3
Submission Requirements
This Section sets forth items which are to accompany an application for development
approval. These requirements may be waived when, on a case by case basis, the
Planning and Zoning Director finds that such material Js not relevant or necessary to fully
analyze or make a determination relative to an apphcation. The Director may also require
submission of additional informahon as set forth herein.
(A) Standard Application Items: Every application for a development approval
shall contain the following items'
(9) A completed "School District of Palm Beach County - School
Concurrency Application and Service Provider Form", and a check or money order for the
appropriate fee, made payable to: The School District of Palm Beach County. This is
required for all projects which ~nclude residential dwellinq units.
P&Z Board Staff Report
LDR Amendment - Section 3.1.1 (B) (Concurrency) and Section 2.4.3 (A) (Standard Application Items)
Page 5
PROPOSED ORDINANCE
ARTICLE 3.1 REQUIRED FINDINGS FOR LAND USE AND LAND
DEVELOPMENT APPLICATIONS
Section 3.1.1 Required Findinqs: Prior to the approval of development
applications, certain findings must be made in a form which is a part of the official
record. This may be achieved through information on the application, written materials
submitted by the applicant, the staff report, or minutes. Findings shall be made by the
body which has the authority to approve or deny the development application.
(B) Concurrency: Concurrency as defined pursuant to Objective B-2 of the
Future Land Use Element of the Comprehensive Plan must be met and a determination
made that the public facility needs, including public schools, of the requested land use
and/or development application will not exceed the ability of the City and The School
District of Palm Beach to fund and provide, or to require the provision of, needed capital
improvements in order to maintain the Levels of Service Standards established in Table
CI-GOP-1 of the adopted Comprehensive Plan of the City of Delray Beach.
Section 2.4.3
Submission Requirements
This Section sets forth items which are to accompany an application for development
approval. These requirements may be waived when, on a case by case basis, the
Planning and Zoning Director finds that such material is not relevant or necessary to
fully analyze or make a determination relative to an application. The Director may also
require submission of additional information as set forth herein.
(A) Standard Application Items:
approval shall contain the following items:
Every application for a development
(9) A completed "School District of Palm Beach County - School
Concurrency Application and Service Provider Form", and a check or money order for
the appropriate fee, made payable to: The School District of Palm Beach County. This
is required for all proiects which include residential dwellinq units.
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: JUNE 17, 2002
AGENDA ITEM:
IV.F. - AMENDMENTS TO THE LAND DEVELOPMENT
REGULATIONS SECTION 3.1.1(B) AND SECTION 2.4.3(A)(9) TO
ADD PUBLIC SCHOOL CONCURRENCY AS A REQUIRED
FINDING AND TO MODIFY SUBMISSION REQUIREMENTS.
ITEM BEFORE THE BOARD
The item before the Board is that of making a recommendation to the City Commission
regarding an amendment to the Land Development Regulations (LDRs) Section
3.1.1(B) and 2.4.3(A)(9) regarding the implementation of school concurrency, pursuant
to Section 2.4.5 (M). Pursuant to Section 1.1.6, an amendment to the LDRs may not be
made until a recommendation is obtained from the Planning and Zoning Board.
BACKGROUND
At its meeting of December 11, 2001, the City Commission adopted Comprehensive
Plan Amendment 2001-03, relating to school concurrency. This amendment included
the creation of a new Public Schools Facilities Element, and revisions to the existing
Capital Improvement Element to include the School Districts adopted Five-Year Capital
Facilities Plan. The context of the amendment was adopted by 25 other municipalities,
and the County pursuant to an interlocal agreement adopted by the City Commission at
their meeting of October 3, 2000.
The interlocal agreement requires that all participating municipalities amend their land
development regulations in order to implement the terms of the interlocal agreement
and the goals, objectives and policies of the adopted comprehensive plan. This
amendment is being processed in order to make the necessary changes to the Land
Development Regulations to implement public school concurrency into the development
review process.
LDR TEXT AMENDMENT ANALYSIS
Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based
upon a finding that the amendment is consistent with and furthers the Goals, Objectives,
and Policies of the Comprehensive Plan.
The following objectives and policies of the City's adopted Comprehensive Plan
establish Concurrency for specific services and facilities, as a required development
review item:
IV.F.
P&Z Board Staff Report
LDR Amendment- Section 3.1.1 (B) (Concurrency) and Section 2.4.3 (A) (Standard Application Items)
Page 2
FUTURE LAND USE ELEMENT
Objective B-2 Facilities and services which are provided by, or through, the City of
Delray Beach shall be provided to new development concurrent with issuance of a
Certificate of Occupancy pursuant to the following policies.
Policy B-2.1 Services and facilities shall be provided pursuant to the levels of service
as established elsewhere in this Plan, concurrent with occupancy... For streets,
drainage, and other facilities concurrency shall be determined by the following:
the improvement is in place prior to issuance of the occupancy permit;
the improvement is bonded, as a part of the subdivision improvements
agreement or similar instrument, and there is a schedule of completion in the
bonding agreement;
the improvement is a part of a governmental capital improvement budget; it has
been designed; and a contract for installation has been solicited.
Policy B-2.2 As a part of the City's Concurrency Management System, prior to
issuance of any certificate of occupancy, the Chief Building Official or a designee shall
certify that concurrency is achieved.
Policy B-2.3 Prior to recommending approval of any land use application which comes
before it, the Local Planning Agency, or appropriate approving body, must make a
finding of consistency with this objective and its supporting policies. If such a finding
cannot be made, either conditions shall be made which provide for concurrency or the
land use request shall be denied.
CAPITAL IMPROVEMENT ELEMENT
Policy A-3.6 The City of Delray Beach hereby adopts the Level of Service (LOS)
standards as set forth in Table CI-GOP-1 as the mandatory levels of service for public
facilities within the City's Municipal Boundaries and Planning Area.
* Table CI-GOP-1 refers to the Public Schools Facilities Element to establish a level of
service (LOS) for public schools.
In addition, the following objectives and policies of the City's adopted Comprehensive
Plan establish the required level of service (LOS) for public schools:
PUBLIC SCHOOLS FACILITIES ELEMENT
Objective A-1 Level of Service To ensure that the capacity of schools is sufficient to
support student growth at the adopted level of service standard for each year of the five-
year planning period and through the long term planning period.
Policy A-1.1: The LOS standard is the school's utilization which is defined as the
enrollment as a percentage of school student capacity based upon the Florida Inventory
P&Z Board Staff Report
LDR Amendment - Section 3.1.1 (B) (Concurrency) and Section 2.4.3 (A) (Standard Application Items)
Page 3
of School Houses (FISH). The level of service (LOS) standard shall be established for
all schools of each type within the School District as 110 percent utilization, measured
as the average for all schools of each type within each Concurrency Service Area. No
individual school shall be allowed to operate in excess of 110% utilization, unless the
school is the .subject of a School Capacity Study (SCS) undertaken by the School
District, working with the Technical Advisory Group (TAG) which determines that the
school can operate in excess of 110% utilization. The SCS shall be required if a school
in the first student count of the second semester reaches 108 % or higher capacity. As a
result of an SCS, an individual school may operate at up to 120% utilization.
Policy A-1.4: The adopted LOS standard shall become applicable to the entire County
at the beginning of the 2004-05 school year, by which time the School District has
achieved the countywide adopted level of service for all schools of each school type. In
the interim, Table A-1.1 establishes the tiered level of service standards for each CSA
by school type. Individual schools of each type may exceed the Tiered LOS standards
during the pedod in which Tiered LOS are in effect. Each individual school exceeding
the Tiered LOS during that time shall not be allowed to exceed the utilization standards
for that school type as shown in the Maximum Utilization Table of this element (Table A-
1.2).
The first change to Article 3.1 (Required Findings for Land Development Applications),
Section B (Concurrency), adds the necessary language which establishes that a
positive finding for public school concurrency must be made for all applicable land use
actions.
The second change to Section 2.4.3 (Submission Requirements), Sub-section A
(Standard Application Items), will be modified to add a new subsection (9), which will
require a completed School District of Palm Beach County - School Concurrency
Application and Service Provider Form, be provided at the time of submission of
development proposals which include residential units. This form is reviewed by the
School District, which responds within 15 days of submission of the application with
their findings.
All projects located within the City Transportation Concurrency Exception Area (TCEA)
are exempt from this requirement, up to the extent of the total number of dwelling units
approved for the TCEA.
As the proposed text amendments incorporate school concurrency into the development
review process, it furthers the above listed objectives and policies of the
Comprehensive plan, and thus a positive finding with respect to LDR Section 2.4.5
(M)(5) can be made.
P&Z Board Staff Report
LDR Amendment - Section 3.'1.1 (B) (Concurrency) and Section 2.4.3 (A) (Standard Application Items)
Page 4
RECOMMENDED ACTION
By motion, recommend approval of the attached amendments to the LDR Sections
3.'1.'1 (B) and 2.4.3(A)(9), based upon positive findings with LDIR Section 2.4.5(M). That
the amendment is consistant with and furthers, the goals objectives and policies of the
City's Comprehensive Plan.
Attachment: Proposed Amendment
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~Q) ~X,~. REGULAR MEETING OF JULY 16, 2002
ORDINANCE NO. 29-02 (SUSAN WILLIAMS HOUSE)
DATE: JULY 12, 2002
This is second reading and a public heating for Ordinance No. 29-02 amending Ordinance 9-95 which
designated the Susan Williams House as a local historic site to be listed in the Local Register of
Historic Places. The house was originally located at 30 N.W. 3e Avenue, Lots 5 and 6, Block 36,
Town of Delray.
Ordinance 29-02 updates the property description/address and amends the Zoning Map of Delray
Beach, Florida 2002 to reflect that the house was moved to 154 N.W. 5m Avenue, south of the Spady
Museum. It is approximately .15 acres of land located in the Melvin Burd Subdivision that includes
the south 12 feet of Lots 7 and 8. The house still retains its architectural and historical integrity
despite its relocation.
The Historic Preservation Board voted 7-0 to recommend approval of this amendment to Ordinance
9-95 on June 19, 2002. At the first reading on July 2, 2002, The City Commission unanimously
approved this ordinance.
Recommend approval of Ordinance No. 29-02 on second and final reading.
S:City Clerk\chevelle folder\agenda memos\OM 29-0Z07.16.02
TO:
THROUGH:
FROM:
SUBJECT:
DAV~..~H RD..N, CITY MANAGER
PAUL DORLING, DI~CTOR OF PLANNING AND ZONING
WENDY SHAY, HISTORIC PRESERVATION PLANNER
MEETING OF JULY 2, 2002
REQUEST FOR AN AMENDMENT TO ORDINANCE 9-95 FOR A PARCEL OF LAND
LOCATED AT 154 NW 5th AVENUE (THE SUSAN WILLIAMS HOUSE)~ ADJACENT
TO THE SPADY MUSEUM BETWEEN MARTIN LUTHER KING~ JR DRIVE AND NW
1sT STREET; AN INDIVIDUALLY LISTED HISTORIC PROPERTY.
The Susan Williams House historic designation was previously applied to the house located at 30 NW
3"d Avenue, Lots 5 & 6 of Block 36, Town of Delray, originally the Town of Linton. The structure has
been moved to 154 NW 5th Avenue just south of the Spady Museum described as approximately .15
acres of land in the Melvin Burd Subdivision that includes the south 12 feet of Lot 7 & Lot 8. The
bungalow style structure, with its battered porch columns and open porch design was constructed in
1935. The residence was built by Isaiah Bruin, however the architect is unknown. The structure was
designated based on its contribution of Bungalow architecture as well as its historical affiliation with
Susan Williams, a mid-wife who often times provided the only medical service in the historic Sands
area (currently a part of the West Settler's Historic District). The residence was her home for the last
four years of her life. The house was individually designated in January 1995 prior to the
establishment of the West Settler's Historic District.
The Delray Beach Community Redevelopment Agency (CRA), along with EPOCH (Expanding and
Preserving Our Cultural Heritage), sought the Historic Preservation Board's approval to relocate the
Susan Williams House from 30 NW 3rd Avenue to 154 NW 5th Avenue. The Board approved the
relocation of the Williams House to the Spady Museum Complex during its meeting of October 6,
1999. While the house was subsequently relocated by the CRA, the property description and address
in Ordinance 9-95, that established the individual historic designation for the house, was not amended
accordingly. Therefore, it is necessary to amend Ordinance 9-95 in order to update the property
address and description. During it meeting on June 19, 2002, the Historic Preservation Board
recommended approval (7-0) of the amendment to Ordinance 9-95 to the City Commission. Public
comment during this meeting was in favor of the amendment in order to update the designation.
The historic structure retains its architectural and historical integrity despite its relocation. Therefore,
there is no need to alter the historic designation other than to update the property description. Staff
recommends approval of the modification to Ordinance 9-95.
Approve Ordinance 29-02.
ORDINANCE NO. 29-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
ORDINANCE NO. 9-95 BY AMENDING THE CAPTION,
THE THIRD "WHEREAS" CLAUSE AND SECTION 1 TO
CORRECT THE PROPERTY DESCRIPTION AND
ADDRESS; PROVIDING FOR THE AMENDMENT OF THE
"ZONING MAP OF DELRAY BEACH, FLORIDA, 2002" TO
SHOW THE HISTORIC DESIGNATION IN AN OVERLAY
MANNER; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, Ordinance No. 9-95 was passed and adopted in regular session on second and
final reading on February 7, 1995; and
WHEREAS, on August 4, 1999, the Historic Preservation Board of the City of Delray
Beach held a duly noticed public hearing in regard to the expansion of the municipal tennis center to
the west; and
WHEREAS, the Historic Preservation Board voted unanimously to recommend approval of
the expansion, subject to the condition that the Williams House be relocated; and
WHEREAS, the plans for the tennis center expansion later changed and the Community
Redevelopment Agency then moved forward with plans to redevelop Block 36 (the site of the Susan
Williams House); and
WHEREAS, on October 6, 1999, the Historic Preservation Board approved the relocation
of the Williams House to the Spady Museum Complex; and
WHEREAS, the Williams House was relocated, but the property description and address in
Ordinance No. 9-95 were not amended accordingly; and
WHEREAS, on June 19, 2002, the Historic Preservation Board of the City of Delray Beach
recommended 7 to 0 that Ordinance 9-95 be amended to reflect the correct property description
and address.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the caption of Ordinance No. 9-95 be amended to read as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, DESIGNATING THE SUSAN
WILLIAMS HOUSE, LOCATED AT 30 N.W. 3P,,D AVENUE 154 N.W.
5TH AVENUE., AS MORE PARTICULARLY DESCRIBED HEREIN,
AS A LOCAL HISTORIC SITE; PROVIDING FOR THE
AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH,
FLORIDA, 199'I .2002" TO SHOW THE HISTORIC DESIGNATION IN
AN OVERt,AY MANNER; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
Section 2. That the third "Whereas" clause of Ordinance No. 9-95 be amended to read as
follows:
WHEREAS, a designation report was prepared concerning the designation of the property
located at 30 Ny,v/. 3rd A-ccnuc .!54 N.W. 5th Avenue to the Local Register of Historic Places; and
Section 3. That Section 1 of Ordinance No. 9-95 be amended to read as follows:
Section 1. That the following described property in the City of Delray Beach,
Florida, is hereby designated as a local historic site in accordance with and under the provisions of
Section 4.5.1 of the Land Development Regulations of the City of Delray Beach, Florida, to-wit:
The Susan Williams House, located at 39 N.W. 3rd A-rcnuc. 154 N.W. 5th Avenue,
Delray Beach, Florida; more particularly described as follows:
South 12 feet of Lot 7 and Lot 8, Melvin S. Burd Subdivision, as recorded in Plat
Book 11, Page 73, of the Public Records of Palm Beach County, Florida {154 NW
5th Avenue).
Section 4. That the Planning Director of said City shall, upon the effective date of this
ordinance, amend the "Zoning Map of Delray Beach, Florida, 2002" to show the historic
designation in an overlay manner.
Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 6. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
2 ORD. NO. 29-02
decision shall not affect the validity of th~ remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 7. That this ordinance sha~ll become effective immediately upon passage on second
and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ., 2002.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
3 ORD. NO. 29-02
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGERF,~/~
AGENDA ITEM $$\~.~L. REGULAR MEETING OF JULY 16, 2002
ORDINANCE NO. 30-02 (AMENDING CHAPTER 35. "EMPLOYEE
POLICIES AND BENEFITS")
DATE: JULY 12, 2002
This ordinance is before Commission for second reading and public hearing mending Chapter 35,
"Employee Policies and Benefits", Subheading "Retirement Plan" of the City Code of Ordinances
by amending Sections 35.097(J) and 35.097(L)(2)(B) to bring the plan into conformity with recent
Internal Revenue Code requirements and Florida Statutes.
At the first reading on July 2, 2002, The City Commission unanimously approved this ordinance.
Recommend approval of Ordinance No. 30-02 on second and final reading.
S:\Ctty Clerk\chevelle folder\agenda memo. Ord 30.OZO7.16.02.doc
[lTV OF DELRI:I¥ BEREH
RECEIVED
JUN 2 ~ 2002
CITy MANAGER
CiTY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993
Writer's Direct Line: 561/243-7091
MEMORANDUM
DATE:June 27, 2002
to: ~-,.,~"- &-;,fo&
FROM:
SUBJECT: /) /,~//.4.
Please revie ] ~
General Emp (2/~--~,~/~?-~/ /~/~ /_ Jim Linn which modifies the
'npliance with the recent IRS
Code requirel
If it is accep /.~ ~-' /) ~) ~ ~h~,l. ce number and place the
SAR:c
Cc: Barbara Garito, City Clerk
[IT . 8; i ELK ¥ I;EI:I[H
RECEIVED
CITY MA NA GER
CITY ATTORKEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090- FACSIMILE 561/278-4755
1993
Writer's Direct Line: 561/243-7091
MEMORANDUM
DATE: June 27, 2002
TO: David Harden, City Manager
Joe Safford, Finance Director
FROM: Susan A. Ruby, City Attomey
SUBJECT: Pension Plan Chan.qes
Please review the attached ordinance prepared by Jim Linn which modifies the
General Employee Retirement Plan to bring it into compliance with the recent IRS
Code requirements.
If it is acceptable to you, I will obtain an ordinance number and place the
ordinance on the upcoming City Commission agenda.
Cc: Barbara Gadto, City Clerk
6/21/02
SUMMARY OF ORDINANCE
AMENDING THE
GENERAL EMPLOYEES' RETIREMENT PLAN
This ordinance amends several sections of the General Employees' Retirement Plan
to bring the Plan into compliance with recent changes in the U.S. Internal Revenue
Code affecting governmental pension plans. The ordinance contains the following
changes:
Maximum Pension - eliminates the current maximum pension amount in
section 35.0970) of the plan ($90,000) and replaces it with language
adopting the maximum limitation amount provided by section 415 of the
Internal Revenue Code. The current maximum limitation amount under
section 415 is $160,000, and this amount is periodically adjusted by U.S.
Treasury Department regulations to reflect changes in the cost of living. By
adopting the Internal Revenue Code limitation instead of a fixed dollar
amount, the City pension plan will remain in compliance with the Code
without the need to amend the plan each time the Code is amended. The
adjustments in limitations for members who begin receiving retirement
benefits before age 62 and after 65 are also amended to conform to changes
in the Internal Revenue Code.
The additional limitations on
also amended to conform to
Statutes.
pension benefits in section 35.0970)(9) are
recent changes in section 112.65, Florida
e
Eligible Retirement Plan - revises the definition of "eligible re tirement plan"
for purposes of rollover distributions to conform to recent changes in the
Internal Revenue Code. Also eliminates the more restrictive definition
applicable to the surviving spouse, which will permit the surviving spouse of
a member to direct a rollover distribution to any eligible retirement plan.
6/21/02
ORDINANCE NO. ~O
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLOR[DA, AMENDING
CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS",
SUBHEADING "RETIREMENT PLAN", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 35.097(J),
"MAXIMUM PENSION", REVISING THE LIMITATIONS
ON MAXIMUM PENSION BENEFITS TO CONFORM TO
SECTION 415 OF THE INTERNAL REVENUE CODE;
AMENDING SECTION 35.097(L)(2)(B), "ELIGIBILE
RETIREMENT PLAN," PROVIDING ADDITIONAL
ELIGIBLE PLANS FOR ROLLOVER; PROVIDING A
GENERAL REPEALER CLAUSE; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING AN EFFECTiVE DATE.
WHEREAS, the City Commission of the City of Delray Beach desires to amend the
General Employees' Retirement Plan to comply with certain changes in the U.S. Internal
Revenue Code and Florida Statutes.
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 35.097(J), "Maximum Pension", to read as follows:
(J) Maximum Pension.
(1) Basic Limitation. Subject to the adjustments hereinafter set forth, the
maximum amount of annual retirement income payable with respect to a member
under this plan shall not exceed $90;001X00 the maximum limitation amount
provided by Section 415(b) of the U.S. Internal Revenue Code, as that section
may be amended in the future, adjusted for increases in the cost-of-living pursuant
to Section 415(d) of the Internal Revenue Code.
For purposes of applying the above limitation, benefits payable in any form other
than a straight life annuity with no ancillary benefits shall be adjusted, as provided
by Treasury Regulations, so that such benefits are the actuarial equivalent of a
straight life annuity. For purposes of this section, the following shall not be taken
into account:
(a) any ancillary benefit which is not directly related to retirement income
benefits;
(b) any other benefit not required under section 415(b)(2) of the Intemal
Revenue code and regulations thereunder to be taken into account for purposes of
the limitation of section 415(b)(1) of the Internal Revenue Code.
(2) Participation in Other Defined Benefit Plan. The limitation of this
section with respect to any member who at any time has been a member in any
other defined benefit plan (as defined in section 4140) of the Intemal Revenue
Code) maintained by the City shall apply as if the total benefits payable under all
defined benefit plans in which the member has been a member were payable from
one plan.
(3) Adjustments in Limitations.
(a) In the event the member's retirement benefits become payable
before age sixty-two (62), the ~ limitation prescribed by subsection (1) of
this section shall be reduced in accordance with regulations issued by the
Secretary of the Treasury pursuant to the provisions of section 415(b) of the
Internal Revenue Code ~'"' "^* ~ '"~" $75 000 ;*'"~'~ *'~'q* ~'~;~ ~* "'~ ~n-,.~
-o ..... .~ .... ~.,.,/so that such limitation (as so reduced) equals an annual benefit
(beginning when such retirement income benefit begins) that is equivalent to the
maximum annual benefit beginning at age 62.
(e)~_l The reductions provided in the preceding ~::o subparagraphs
shall not be applicable to disability benefits paid pursuant to Section 35.097 (C) or
pre-retirement death benefits paid pursuant to Section 35.097 (D).
(d)(c) If the member's retirement benefit becomes payable after
age sixty-five (65), for purposes of determining (1) herein, such benefit shall be
adjusted so that it is actuarially made using an assumed interest rate of five
percent (5%) and shall be made in accordance with the regulations promulgated
by the Secretary of the Treasury or his delegate so that such limitation {as so
2
increased) equals an annual benefit (beginning when such retirement income
benefit begins) which is equivalent to the maximum annual benefit beginning at
age 65.
(4) Less than Ten Years of Service. The maximum retirement benefits
payable under this section to any member who has completed less than ten (10)
years of credited service with the City shall be the amount determined under
paragraph (A) of this section multiplied by a fi.action, the numerator of which is
the number of the member's years of credited service and the denominator of
which is ten (10). This reduction shall not be applicable to disability benefits paid
pursuant to Section 35.097 (C) or pre-retirement death benefits paid pursuant to
Section 35.097(D).
(5) $10,000 Limit. Notwithstanding the foregoing, the retirement benefit
payable with respect to a member shall be deemed not to exceed the limitations
set forth in this section of the benefits payable with respect to such member under
this plan and under all other qualified defined benefit pension plans to which the
City contributes do not exceed $10,000 for the applicable plan year and for any
prior plan year and the City has not at any time maintained a qualified defined
contribution plan in which the member participated.
(-7)(_6_) Reduction of Benefits. Reduction of benefits and/or contributions
to all plans, where required, shall be accomplished by first reducing the member's
benefit under any defined benefit plans in which he participated, such reduction to
be made first with respect to the plan in which he most recently accrued benefits
and thereafter in such priority as shall be determined by the Trustee of such other
plans, and next, by reducing or allocating excess forfeitures for defined
contribution plans in which the member participated, such reduction to be made
first with respect to the plan in which he most recently accrued benefits and
thereafter in such priority as shall be established by the Trustee for such other
plans, provided, however, that necessary reductions may be made in a different
manner and priority pursuant to the agreement of the Trustee of all other plans
covering such member.
(8)(2) Cost-of-Living Adjustments. The limitations as stated in
subsections (1), (2), (3) and (6) herein shall be adjusted to the time payment of a
benefit begins in accordance with any cost-of-living adjustments prescribed by the
Secretary of the Treasury pursuant to section 415(d) of the Intemal Revenue Code.
(9)(8_) Additional Limitation on Pension Benefits. Notwithstanding
anything herein to the contrary:
(a) The normal retirement benefit or pension payable to a retiree
who becomes a member of the plan and who has not previously participated in
such plan, on or after January 1, 1980, shall not exceed 100 percent of his average
final compensation. However, nothing contained in this section shall apply to
supplemental retirement benefits or to pension increases attributable to cost-of-
living increases or adjustments.
(b) No member of the plan who is not now a member of such plan
shall be allowed to receive a retirement benefit or pension which is in part or in
whole based upon any service with respect to which the member is already
receiving, or will receive in the future, a retirement benefit or pension from _a
different employer's maoth~ retirement plan or system. This restriction does not
apply to social security benefits or federal benefits under Chapter 67, Title 10,
U.S. Code.
Section 2. 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 35.097(L)(2)(b), "Eligible retirement plan", to read as follows:
(b) Eligible retirement plan. An eligible retirement plan is an
individual retirement account described in section 408(a) of the Internal Revenue
Code, an individual retirement annuity described in section 408(b) of the Intemal
Revenue Code (other than an endowment contract), and annuity plan described in
section 403(a) of the Internal Revenue Code, o~a qualified trust described in
section 401(a) of the Internal Revenue Code, an eligible deferred compensation
plan described in section 457(b) of the Internal Revenue Code which is
maintained by an eligible employer described in section 457(e)(1)(A) of the
Internal Revenue Code, or an annuity contract described in section 403(b) of the
Internal Revenue Code, that accepts the distributee's eligible rollover distribution.
,.. ~;.;~1~ ..,-; .....+-1~.., ;. ~. ;.,~;.,;~,1~1 .~,; ..... ,- ....... * ^" individual
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and
the same are hereby repealed.
4
Section 4. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part
thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective immediately upon its
passage on second and final reading, except as to general employee plan participants who are
covered under an expired collective bargaining agreement; or belong to a bargaining unit that has
not executed a collective bargaining agreement. This ordinance shall become effective as to the
excluded employees immediately upon the date of ratification and execution of a collective
bargaining agreement applicable to such employees.
the
PASSED AND ADOPTED in regular session on second and final reading on this
day of ., 2002.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
TO:
THRU:
FROM:
SUBJECT:
DAVID T~A,~~ MANAGER
DAN MARFINO, PRINCIPAL PLANNE~
MEETING OF JULY 16, 2002 *FIRST READING* \
ANNEXATION (PURSUANT TO FLORIDA STATUTE 171.044), OF
ELEVEN ('11) PARCELS OF LAND CONTAINING APPROXIMATELY 54.5
ACRES LOCATED NORTH OF LAKE IDA ROAD BETWEEN BARWICK
ROAD AND MILITARY TRAIL.
The subject properties are currently located in unincorporated Palm Beach County within
the City's Planning Area (Future Annexation Area, Area E). The property consists of
eleven (11 ) parcels of land which are currently owned by the City of Delray Beach, and are
being processed as voluntary annexations at this time. There is a variety of existing land
uses on the subject parcels, including: single family, vacant, and agricultural/commercial
uses.
The proposal is to annex the property into the City, and maintain their current County
Zoning of AR (Agricultural Residential) and County Future Land Use Designation of MR5
(Medium Residential, 5 units/acre). A Future Land Use Map amendment is being
processed separately with Comprehensive Plan Amendment 2002-1 (02-1), in order to
establish the initial City zoning of PRD (Planned Residential Development) and PC
(Planned Commercial), and City Future Land Use Designations of LD (Low Density, 0-5
units/acre) and GC (General Commercial).
Positive findings with can be made with respect to LDR Section 2.4.5(C)(4) in that the
annexation is consistent with Future Land Use Element Objective B-3, and that it complies
with Florida Statute Chapter 171.044, as the property is contiguous, reasonably compact,
does not create an enclave, and that services will be provided to the subject properties in
a timely and efficient manner.
I"' ~:i" ~ '"" · ~LANNiN~ AN~ z~NIi~'B~ARD C~NS~DE ~F[ATION,, , '
At its meeting of May 20, 2002, the Planning and Zoning Board considered the request at
a public hearing. Three members of the public spoke during the public comment portion of
the annexation request. All three people requested additional information and clarification
with respect to densities and location of uses, none were specifically opposed to the
request. After reviewing the staff report and discussion, the Board voted 6 to 0 (Randolph
absent), to recommend approval.
~E~M~E~ED ACTION
By motion, approve on first reading the ordinance for Annexation of the eleven (11)
properties, based upon the findings and recommendation by the Planning and Zoning
Board, and set a public hearing date of August 6, 2002.
Attachment:
· P & Z Staff Report of May 20,2002.
· Annexation Ordinance
s:~ P&ZV~oards~citycommission~BanvickAreaANX-CCDocc. doc
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM'
May 20, 2002
IV. G.
City Initiated Annexation for Several Parcels Located South of the L-30 Canal,
Between Barwick Road and Military Trail.
GENERAL DATA:
Owner/Applicant ...............
Location ..........................
Property Size ..................
Existing FLUM ................
Proposed FLUM .............
Current Zoning ................
Proposed Zoning .............
Adjacent Zoning ..... North:
East:
South:
West:
Existing Land Use ............
City of Delray Beach
Located South of the L-30
Canal, Between Barwick
Road and Military Trail.
54.5 Acres
County CHOI8 (Commercial
High Office - 8 Units/Acre)
-& MR5 (Medium Residential- 5
Units/Acre)
Same
County AR (Agricultural Residential)
& CG (General Commercial)
Same
County AR (Agricultural Residential) &
RS (Single Family Residential)
County AR (Agricultural Residential) &
City of Delray Beach R-l-AA
(Single Family Residential)
City of Delray Beach RM
(Multiple Family Residential)
County AR (Agricultural) &
GC (General Commercial) &
PUD (Planned Unit Development)
Residential, Vacant, &
Ag ricultural/Commercial
The item before the Board is that of making a recommendation on a City initiated
Annexation (pursuant to Florida Statute 171.044), for eleven (11 ) parcels of land
containing approximately 54.5 acres located north of Lake Ida Road between
Barwick Road and Military Trail.
LDR Section 2.4.5 (C) provides rules and procedures for the processing of this
petition
The subject parcels are currently in unincorporated Palm Beach County. The
parcels are located in City's Planning Area, known as Annexation Area "E" (the
North Military Trail Area), as noted in the Future Land Use Element Policy B-3.5
of the Comprehensive Plan. All parcels were recently purchased by the City of
Delray Beach, and are being processed as voluntary annexations.
For identification purposes, each of the eleven parcels have been given an
-arbitrary number__ These numbers correspond to numbers assigned to each
parcel at the onset of acquisition by the City and are attached as reference map
A. The numbering system is being maintained throughout the report to provide
continuity and ease of identification.
The existing land uses for each of eleven properties are as follows: Parcel lA
has a vacant boarded up single family structure; Parcels 1, 3, 4 and 8 are
vacant; Parcels 2 and 11 contain single family homes; Parcels 9, 10, 17, and 18
have agriculture\commercial uses (nurseries).
The proposal before the board is to immediately annex all 11 parcels into the
City. The adoption of City Future Land Use Map and Zoning designations will
follow with the processing of Comprehensive Plan Amendment 02-1, currently in
process (tentative adoption September 3, 2002). Pursuant to Florida Statute
171.062 as the area being annexed is subject to a county land use plan and
county zoning these regulations will remain in force and effect until the
municipality adopts a comprehensive plan amendment which includes the
annexed area. As indicated above the City Land Use Map and Zoning
designations are being processed separately.
Planning and Zoning Board Staff Report
City Owned Parcels Annexation
Page 2
Comprehensive Plan Amendment 02-01 proposes a Residential Low Density
(LD) 0-5 units per acre Future Land Use Map designation and Planned
Residential Development (PRD) zoning for parcels 2, 3, 4, 8, 9, 10, 11, 17, and
18; and a General Commercial (GC) Future Land Use Map designation and
Planned Commercial (PC) zoning for parcels lA and 1.
Currently all parcels with exception of Parcel #lA have a County Future Land
Map Designation of MR-5 (Medium Residential - 5 units/acre). Parcel #lA has a
County designation of CHO-8 (Commercial High Office - 8 units/acre). County
Zoning designations for parcels include a combination of Agriculture (parcels 1,
3, 4, 8, 9, 10, 11, 17 and 18), Residential (parcel 2) and General Commercial
(parcel lA).
Florida Statutes Governing Voluntary Annexations:
Pursuant to Florida Statute 171.044 "the owner or owners of real properties in an
unincorporated area of the County, which is contiguous to a municipality and
-reasonably comp_a_ct may petition the governing body of said municipality that
said property be annexed to the municipality". Pursuant to F.S. 171.044 (5) "land
shall not be annexed through voluntary annexation when such annexation results
in the creation of enclaves".
Pursuant to F.S. 171.031(13), an "enclave" is (1) any unincorporated improved or
developed area that is enclosed within and bounded on all sides by a single
municipality; or, (2) any unincorporated improved or developed area that is
enclosed within and bounded by a single municipality and a natural or manmade
obstacle that allows the passage of vehicular traffic to that unincorporated area
only through the municipality.
The property is contiguous with the City, is reasonably compact and the
annexation does not create an enclave. All properties with the exception of
Parcels 1 and lA currently take access from Barwick Road as opposed to
Military Trail. Therefore, the annexation parcels as well as other parcels
accessible from Barwick Road not subject to annexation, make up an existing
enclave which is being reduced by this action. Parcels 1 and lA take access
from Military Trail and are considered part of the greater unincorporated area to
the west. The annexation of these parcels reduces the unincorporated areas
extension east of Military Trail.
Planning and Zoning Board Staff Report
City Owned Parcels Annexation
Page 3
Land Development Requlations Governing Annexations:
Pursuant to the Land Development Regulations Section 2.4.5 (C) (1) "the owner
of land may seek the annexation of contiguous property, under his/her
ownership" pursuant to Florida Statutes. The property owner (the City) has
voluntarily petitioned for this annexation.
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN:
Designated Annexation Area: The territory to be annexed is located within
designated Annexation Area "E" on the east side of Military Trail north of Lake
Ida Road. Annexation of the territory is consistent with Future Land Use Element
Policy B-3.5, which calls for annexation of eligible properties through voluntary
annexations as the opportunities arise.
CONCURRENCY:
Provision of Services: When annexation of property occurs, services are to be
provided in a manner which is consistent with services provided to other similar
properties already in the City (Future Land Use Element Policy B-3.1). The
-following is a discussion of required services and the manner in which they will
be provided.
Police: This property is currently serviced by the Palm Beach County Sheriff's
Office, located at 345 South Congress, which serves the South County area.
The property lies within Sheriff patrol zone 4. Zone 4 is bordered by El Clair
Ranch Road on the west, the Atlantic Ocean on the east, Boynton Beach on the
north, and Atlantic Avenue to the south. One officer is assigned to a particular
zone during a shift (three shifts per day). Additional response can be mustered
from "Cover Cars" which roam throughout zones randomly, depending on their
availability in South County during that time.
The City of Delray Beach's Police Department has 14 cars per shift patrolling a
15 square mile area; and, as a consequence, significantly improved response
time should be realized. Annexation will not require additional manpower.
Fire and Emergency Services: The annexation of this property will not require
additional manpower. The municipal area is served by Fire Station No. 4
(Barwick & Lake Ida Roads).
With annexation, the property will receive an improvement in response time from
the current 5.5 minutes of the County Fire Department (Indian Springs/Military
Trail and Woolbright Road) to approximately 3 minutes for the City's Fire
Department (Fire Station No. 4 at Barwick and Lake Ida Roads).
Planning and Zoning Board Staff Report
City Owned Parcels Annexation
Page 4
Water: There are existing distribution lines associated with several
developments in the area i.e. '"The Colony" (northeast corner of Military Trail and
the L-30 canal) "Barwick Ranch", and "Sabal Lakes". As the area is proposed for
development water main extensions will be required. Pursuant to the
Comprehensive Plan, treatment capacity is available at the City's Water
Treatment Plant for the City at build-out.
Sewer: Sewage mains and a new lift station sized for future development have
been constructed as part of the infrastructure improvements of "the Colony"
subdivision. With development of the properties additional sewer main
extensions will be required. Pursuant to the Comprehensive Plan, treatment
capacity is available at the South Central County Waste Water Treatment Plant
for the City at build-out.
Streets: The properties have access from either Military Trail or Barwick Road.
Additionally, two local roads provide access from Barwick Road into the
properties, 133 Road South and Palm Ridge Boulevard. Depending on the
development pattern additional local roads internal to future residential
development are anticipated with redevelopment of the property. Military Trail
and Barwick Road are under the jurisdiction of Palm Beach County and the
-jurisdictional respo~nsibility and the associated maintenance responsibility will not
change upon annexation. The development of the property under the current
County MR-5 (Medium Residential 0-5 units per acre) and CH-O (Commercial
High Office) and the proposed City designations LD (Low Density 0-5 units per
acre) and GC (General Commercial) would be similar with the exception of an
increase with the change of designation for parcel 1. With future development
site plan approval will be required along with a full analysis of the traffic impact.
However, there is adequate capacity on Military Trail to accommodate additional
trips under either scenario.
Parks and Open Space: The annexation of the property to accommodate future
residential and commercial development will have some impact on park and
recreational facilities. However, part of the future development of the area
includes a public park site. The provision of new neighborhood parks has been
identified as a future need in the City's recently completed Parks and Recreation
Master Plan. Further, a park impact fee is required with residential development,
which will fund additional recreational facilities.
Solid Waste: The future development of this area will continue to have similar
solid waste impacts. The solid waste authority has indicated they have sufficient
capacity to service this area. The service provider will not change, as described
later in this report.
Planning and Zoning Board Staff Report
City Owned Parcels Annexation
Page 5
Financial Impacts:
Effect Upon Annexed Property:
For the 2001 tax year the subject property had an assessed value of $1,718,690
(taxable value of $1,668,690.). With the change from County to City jurisdiction,
the following taxes and rates will be affected:
Ad Valorem Taxes
Millage
With Annexation
Fire/Rescue MSTU
Library
City of Delray Beach
City of Delray Beach Debt
3.05 Deleted (County)
.5403 Deleted (County)
7.37 Added (City)
.63 Added (City)
4.4097 Difference*
· Total tax millage in the County is 19.9292 mills while in the City the total
millage rate is 24.3389 mills.
The current yeady ad valorem taxes are $ 33,255. With annexation the yearly ad
-valorem taxes wilLbe $ 40,614; a tax difference of $7,359. In addition to property
taxes, the following Non Ad Valorem fiscal impositions apply:
Delray Beach Storm Water Utility - This assessment is based upon the
percentage of impervious area of the buildings, parking areas, etc. For non-
residential units the assessment fee is calculated using the following formula (#
sq.ft, of impervious area/2,502) X $54. A 25% discount from the assessment is
available if drainage is retained on site. Also a 25% discount from the
assessment is available because the subject property is located within the Lake
Worth Drainage District. Upon annexation no fee would be applicable for the
vacant parcels and there would be nominal fees to the developed parcels which
contain single family structures and small nursery buildings of similar size (5
buildings at $27 each for a total of $135.00). It is noted this fee will increase
significantly with development of the property.
Solid Waste Authority - This annexation area is serviced by BFI, and the City's
contract is currently through BFI (Browning-Ferris Industries). Therefore, the
waste service provider will remain with BFI upon annexation.
Occupational License Fees - The future commercial development on parcel 1
and lA will be subject to new business occupational license fees.
Planning and Zoning Board Staff Report
City Owned Parcels Annexation
Page 6
Resulting Impacts to Property Owner:
FINANCIAL CONSIDERATIONS:
AD VALOREM TAXES
(Change from 01/02 County of
19.6117 to City 01/02 rate 24.1242
mills.(4.5125)
+$ 7,359
NON AD VALOREM
Stormwater Assessment
$135.00
ANNUAL FINANCIAL IMPACT: +$ 7,494
SERVICE CONSIDERATIONS:
FIRE RESPONSE
+ Faster response time from (estimated time)
5.5 minutes (County) to 3.0 minutes (City)
EMS
+ Faster response time from (estimated time)
5.5 minutes (Count),) to 3.0 minutes (City)
POLICE
+ Better response based upon more officers in
field.
CODE ENFORCEMENT
+ Pro-active vs. reactive opportunity to work
with property owners
Fiscal Impacts to the City: At the 2001/2002 City operating millage rate of 7.37
mills and debt rate of 0.63 mills, the property will generate approximately $13,349
in new City ad valorem taxes per year. With future development, additional
revenues will be realized through increased assessment value, building permit
fees, the annual collection of the stormwater assessment fee as well as utility
taxes (9.5% electric, 7% telephone, 8.7% gas) and franchise fees on electric,
telephone, gas, and cable.
Planning and Zoning Board Staff Report
City Owned Parcels Annexation
Page 7
REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5(C) (4), the City
Commission must make findings that the annexation is consistent with
Objective B-3 of the Future Land Use Element, and complies with F.S. 171.
As stated above, the subject property is located within a designated
annexation area, Area E. Its annexation is consistent with the Objective
B-3 of the Future Land Use Element. Also, the annexation complies with
Florida States Statutes Section 171 as it pertains to annexations.
The subject property is not in a geographical area requiring review by the CRA
(Community Redevelopment Agency), DDA (Downtown Development Authority)
or the HPB (Historic Preservation Board).
Palm Beach County Notice:
On April 10, 2002 the Palm Beach County Planning Division was notified of the
City's intent to annex this property. To date, a response has not been received.
~PARC Notice:
Notice of the Future Land Use Map Amendment was also provided to the
Interlocal Plan Amendment Review Committee (IPARC) which distributes the
information to adjacent municipalities. To date, a response has not been
received.
Courtesy Notice:
Courtesy notices were sent to the following homeowner's and civic associations:
El Progressive Residents of Delray
El President's Council
El Sabal Lakes
El Rainberry Woods
El Country Manor
Q Chatelaine
Q United Property Owners
E] Barwick Estates
Public Notice:
Formal public notice has been provided to all property owners within a 500 foot radius of
the subject property. Letters of objection, if any, will be presented at the Planning and
Zoning Board meeting.
Planning and Zoning Board Staff Report
Annexation of City owned Barwick parcels
Page 8
Accommodating the annexation of this property is consistent with the City's program for
annexation of territory within its Planning and Service Area. The associated application
of City Future Land Use Map and initial Zoning designations are being processed
separately as part of Comprehensive Plan 02-01. Pursuant to Florida Statute 171.062
as the area being annexed is subject to a county land use plan and county zoning these
regulations remain in force and effect until the municipality adopts a comprehensive
plan amendment.
The annexation will provide the property with better Police, Fire, EMS and Code
Enforcement services. The property will experience an increase in ad valorem taxes.
The City will receive additional revenue from property taxes, in addition to storm water
assessment fees, utility taxes, franchise fees, and licensing fees upon development.
If the annexation is approved, it is anticipated that development proposals will be
solicited through the Request for Proposal process. Compatibility of specific
development proposals with the adjacent developments will be addressed with the
review of the related site and development plan processes. Concurrency review
including traffic concd~rency will be conducted at that time.
A. Continue with direction.
Bo
Recommend approval of the Annexation based upon positive findings with
respect to LDR Section 2.4.5(C)(4) that the annexation is consistent with Future
Land Use Element Objective B-3 and complies with Florida Statute Chapter 171
as to the following:
That the property is contiguous, reasonably compact and does not create
an enclave; and,
That services will be provided to the property in a manner similar to other
similar properties within the City.
C. Recommend denial of the Annexation, with the basis stated.
Recommend approval of the Annexation based upon positive findings with
respect to LDR Section 2.4.5(C)(4) that the annexation is consistent with Future
Land Use Element Objective B-3 and complies with Florida Statute Chapter 171
as to the following:
Planning and Zoning Board Staff Report
Annexation of City owned Barwick parcels
Page 9
· That the property is contiguous, reasonably compact and does not create
an enclave; and,
· That services will be provided to the property in a manner similar to other
similar properties within the City.
Attachments:
r~ Location Map
[::! Aerial map of properties
Q Overall map
This Report prepared by: Paul Doding, Planning and Zoning Director
L-50 CANAL
--.I CLASSICAL BOULEVARD
,~'
PINE TREE DRIVE
SUNRISE BOULEVARD
__ BOULEVARD
MR5
PALM RIDGE BLVD
VAC AGR SFR RANCH
AR . AR AiR,
MR5 MR5 MR5
133 ROAD SOUTH ~,
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SABAL
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L-51 CANAL
LAKES
133 ROAD
MAY 2002
.... CITY LIMITS .......
(~) PARCEL ID
(5o) - ACREAGE
CITY OF' DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
CITY OWNED PARCELS ANNEXATION
AR ~ COUNTY ZONING DESIGNATION
A~'~.~.3~1~ -"-- EXISTING LAND USE MR5-...---COUNTY FUTURE LAND USE
MAP DESIGNATION
AGR - AGRICULTURE AR, RTU - RESIDENTIAL ZONING
COM - COMMERCIAL CG - COMMERCIAL ZONING
SFR - SINGLE FAMILY
MR5 ' RESIDENTIAL LAND USE, 5 UNITS/ACRES
VAC- VACANT CHO/8 - COMMERCIAL HIGH OFFICE LAND USE
MAP REF LM5g2
MARCH 2002
.... CITY LIMITS .......
(~)- SITE
(5o) - ACREAGE
CITY OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
-- DIGITA£ BASE MAP SYSTEM
SITE
ANNEXATION PARCELS
PC NUMBERS
00-42-46-12-00-000-3040
00-42-46-12-00-000-3170
00-42-46-12-00-000-3020
00-42-46-12-00-000-3210
00-42-46-12-00-000-3201
00-42-46-12-00-000-3025
00-42-46-12-00-000-3220
SITE
WINTERPLACE
P.U.D.
PC NUMBERS
00-42-46-12-00-000-3023
00-42-46-12-00-000-3021
00-42-46-12-00-000-3026
00-42-46-12-00-000-3180
00-42-46-12-20-001-0000
MAP REF LM592
TO:
THRU:
FROM:
SUBJECT:
PAUL DORLING, DIRECTi~R OF PL~N~G~ND~ONING
'
ANNEXATION (PURSUANT TO FLORIDA STATUTE 171.044), OF A PARCEL OF
LAND LOCATED ON THE EAST SIDE OF MILITARY TRAIL, APPROXIMATELY
% MILE NORTH OF LAKE IDA ROAD, JUST SOUTH OF THE LWDD L-30
CANAL, CONTAINING APPROXIMATELY 34.6 ACRES.
The subject property is the plat of Winterplace (Plat Book 89, Page 179), recorded in February of
2001. The site, now known as The Colony at Delray Beach, contains 151 zero lot line single family
homes, situated on 34.6 acres land. The development is currently in unincorporated Palm Beach
County within the City's Planning Area, more particularly described as a portion of Annexation Area
"E" (the North Military Trail Area). This annexation is being processed as a voluntary annexation,
pursuant to a water service agreement dated March 8, 2000. The water service agreement
contains a clause that states the property owner agrees to annex into the City, when the project
becomes eligible for annexation. In conjunction with the annexation of this development, the City
is also processing the annexation of 54.5 acres immediately to the east of this development. Once
those properties are annexed, this parcel will be contiguous and eligible for annexation. Upon
annexation, the development will maintain its current County Zoning of PUD (Planned Unit
Development) and County Future Land Use Map Designation of MR-5 (Medium Density - 5
units/acre). A Future Land Use Map amendment is being processed separately with
Comprehensive Plan Amendment 2002-1 (02-1), in order to establish the initial City zoning of PRD
(Planned Residential Development), and City Future Land Use Designations of LD (Low Density,
0-5 units/acre).
Positive findings with can be made with respect to LDR Section 2.4.5(C)(4) in that the annexation
is consistent with Future Land Use Element Objective B-3, and that it complies with Florida Statute
Chapter 171.044, as the property is contiguous, reasonably compact, does not create an enclave,
and that services will be provided to the subject properties in a timely and efficient manner.
At its meeting of May 20, 2002, the Planning and Zoning Board considered the request at a public
hearing. No one from the public spoke on this item. After reviewing the staff report and discussion,
the Board voted 6 to 0 (Randolph absent), to recommend approval.
., ,REC;OM~NDED ~CTION . ,.
By motion, approve on first reading the ordinance for Annexation of Winterplace subdivision, based
upon the findings and recommendation by the Planning and Zoning Board, and set a public
hearing date of August 6, 2002.
Attachment:
· P & Z Staff Report of May 20, 2002.
· Annexation Ordinance
S:~ P&Z~oardstcitycomrnlssion~WinterPlaceANX. CCDocc doc
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
May 20, 2002
IV. H.
City Initiated Annexation for the Winterplace Subdivision (aka The Colony at
Delray Beach), Located at the Southeast Comer of the L-30 Canal and
Military Trail.
GENERAL DATA:
Owner/Applicant ............... Colony of Palm Beach
Location .......................... Located at the Southeast
Comer of the L-30 Canal
and Military Trail.
Property ~ize .................. 34.6 Acres
Existing FLUM ................ County MR5 (Medium
Residential - 5 units/acre)
Proposed FLUM ............. Same
Current Zoning ................ County PUD (Planned Unit
Development)
Proposed Zoning ............. Same
Adjacent Zoning ..... North: CountyAR (Agricultural Residential)
& RTU (Residential
Transitional Urban)
East: AR (Agricultural Residential)
South: AR (Agricultural Residential) & RS
(Single Family Residential)
West: PO (Public Ownership District)
& AR (Agricultural Residential)
Existing Land Use ............ Residential
Proposed Land Use ......... Same as existing
Water Service .................. Existing on site
Sewer Service .................. Existing on site
LAKE IDA ROAD
'~'~ i i i'"';' i ', '~ f'q~ T T I
·. IV.H,
The item before the Board is that of making a recommendation on a City initiated
Annexation (pursuant to Florida Statute 171.044), for a parcel located at the
southeast corner of Military Trail and the L-30 canal. The 34.6 acre parcel is a
subdivision known as 'q'he Colony" which is currently under construction.
LDR Sections 2.4.5 (C) provide rules and procedures for the processing of this
petition.
On February 4, 1994, the City Commission approved a water service agreement
for the subject property. The agreement was to allow the establishment of a
wholesale nursery operation (Southern Ornamental Plants) along with the
construction of a proposed 2,000 sq.ft, building to house the office function of the
business. In December 1993, the applicant approached the Palm Beach County
Health Unit to obtain a well permit to service the operation. Since the property is
in the City's Planning Area, the Health Unit referred the request to the City. As
'the property was not contiguous to the City, execution of a water service
agreement was appropriate in-lieu of annexation.
At its meeting of September 5, 1995, the City Commission approved a Future
Land Use Map amendment for the property from the City's advisory Future Land
Use Map designation of Rural Residential to City Low Density Residential 0-5
du/ac, which was processed in conjunction with Comprehensive Plan
Amendment 95-1. This also created consistency with the County's designation
of the property of MR-5 (Medium Density Residential - 5 units per acre).
On December 19, 1996, a request was received for the execution of a water
service agreement in conjunction with a master/concept plan for a proposed
single family zero lot line development. Because the existing water service
agreement was related to a proposed nursery and not a planned residential
development, a new water service agreement was necessary.
On January 27, 1997, the Planning and Zoning Board approved a conceptual
master plan for Winterplace PUD and recommended approval to the City
Commission of the water service agreement. The approval was for a 173 single
family homes on the property. On February 4, 1997, the City Commission
approved the water service agreement for the proposed development.
The approved development proposal expired In August 1999 and was
resubmitted for consideration by the City and the County concurrently. On
Planning and Zoning Board Staff Report
Annexation of Colony Subdivision
Page 2
September 8, 1999, the Palm Beach County Development Review Committee
approved the conceptual development plan for the 151-unit Winterplace PUD.
On October 11, 1999 the Planning and Zoning Board approved a master plan for
a 151-unit Winterplace PUD in conjunction with a new City water service
agreement. The City Commission approved the water service agreement on
November 2, 1999. The property has changed hands and the approved
subdivision currently known as "The Colony" is now under construction.
The parcel is located within the City's Planning Area, more particularly described
as a portion of Annexation Area "E" (the North Military Trail Area), as per the
Future Land Use Element Policy B-3.5 of the Comprehensive Plan. The water
service agreement executed on March 8th 2000 includes a clause which
acknowledges that the agreement represents a voluntary petition for annexation
pursuant to FS 171.044 at the time the property becomes eligible (i.e.
contiguous to the City ). With the annexation of City owned property immediately
to the east the property will be contiguous and therefore eligible for annexation.
The proposal before the Board is to immediately annex the subdivision into the
City. The adoption of City Future Land Use Map and Zoning designation will
follow with the processing of Comprehensive Plan Amendment 02-1, currently in
process (tentative adoption September 3, 2002). Pursuant to Florida Statute
171.062 as the area being annexed is subject to a county land use plan and
county zoning these regulations remain in force and effect until the municipality
adopts a comprehensive plan amendment which includes the annexed area.
However, all new construction after the effective date of the annexation will
require building permits to be pulled through the City versus Palm Beach County.
The City Future Land Use Map designations and initial Zoning designations
proposed as part of Comprehensive Plan Amendment 02-01 will be Residential
Low Density (LD) 0-5 units per acre and Planned Residential Development
(PRD) respectively. The current County Land Use Map designation is MR-5
(Medium Residential 0-5 units per acre) and the Zoning designation is PUD
(Planned Unit Development).
!
Florida Statutes Governinq Voluntary Annexations:
Pursuant to Florida Statute 171.044 "the owner or owners of real properties in an
unincorporated area of the County, which is contiguous to a municipality and
Planning and Zoning Board Staff Report
Annexation of Colony Subdivision
Page 3
reasonably compact may petition the governing body of said municipality that
said property be annexed to the municipality". Pursuant to F.S. 171.044 (5) "land
shall not be annexed through voluntary annexation when such annexation results
in the creation of enclaves".
Pursuant to F.S. 171.031(13), an "enclave" is (1) any unincorporated improved or
developed area that is enclosed within and bounded on all sides by a single
municipality; or, (2) any unincorporated improved or developed area that is
enclosed within and bounded by a single municipality and a natural or manmade
obstacle that allows the passage of vehicular traffic to that unincorporated area
only through the municipality.
The property is contiguous with the City, is reasonably compact and the
annexation does not create an enclave. This parcel will be considered for
annexation immediately after the City owned parcels to the east are annexed
thereby making this development contiguous.
Land Development Regulations Governinq Annexations:
Pursuant to the Land Development Regulations Section 2.4.5 (C) (1) "the owner
-of land may seek the annexation of contiguous property, under his/her
ownership" pursuant to Florida Statutes. The property owner (Brighton homes)
and several homeowners who have closed on their lots) are bound by the water
service agreement which runs with the land and includes a voluntary annexation
clause. Therefore, this is being considered a voluntarily petition for annexation.
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN:
Designated Annexation Area: The territory to be annexed is located within
designated Annexation Area "E" on the east side of Military Trail north of Lake
Ida Road. Annexation of the territory is consistent with Future Land Use Element
Policy B-3.5, which calls for annexation of eligible properties through voluntary
annexations as the opportunities adse.
CONCURRENCY:
Provision of Services: When annexation of property occurs, services are to be
provided in a manner which is consistent with services provided to other similar
properties already in the City (Future Land Use Element Policy B-3.1). The
following is a discussion of required services and the manner in which they will
be provided.
Police: This property is currently serviced by the Palm Beach County Sheriff's
Office, located at 345 South Congress, which serves the South County area.
The property lies within Sheriff patrol zone 4. Zone 4 is bordered by El Clair
Planning and Zoning Board Staff Report
Annexation of Colony Subdivision
Page 4
Ranch Road on the west, the Atlantic Ocean on the east, Boynton Beach on the
north, and Atlantic Avenue to the south. One officer is assigned to a particular
zone during a shift (three shifts per day). Additional response can be mustered
from "Cover Cars" which roam throughout zones randomly, depending on their
availability in South County during that time.
The City of Delray Beach's Police Department has 14 cars per shift patrolling a
15 square mile area; and, as a consequence, significantly improved response
time should be realized. Annexation will not require additional manpower.
Fire and Emergency Services: The annexation of this property will not require
additional manpower. The municipal area is served by Fire Station No. 4
(Barwick & Lake Ida Roads).
With annexation, the property will receive an improvement in response time from
the current 5.5 minutes of the County Fire Department (Indian Springs/Military
Trail and Woolbright Road) to approximately 3 minutes for the City's Fire
Department (Fire Station No. 4 at Barwick and Lake Ida Roads).
Water: There are new distribution lines which have been recently installed with
-the on going development of the property. Pursuant to the Comprehensive Plan,
treatment capacity is available at the City's Water Treatment Plant for the City at
build-out.
Sewer: Sewage mains and a new lift station sized for future development have
been constructed as part of the infrastructure improvements of "The Colony"
development. Pursuant to the Comprehensive Plan, treatment capacity is
available at the South Central County Waste Water Treatment Plant for the City
at build-out.
Streets: The properties have access from Military Trail. Military Trail is under
the jurisdiction of Palm Beach County and the jurisdictional responsibility and the
associated maintenance responsibility will not change upon annexation.
Parks and Open Space: The annexation of the property to accommodate 151
new single family residential units will have some impact on park and recreational
facilities. However, the City far exceeds the level of service standard of 3 acres of
recreation/open space use area per 1,000 residents. However, neighborhood
parks have been identified as a future need in the City's recently completed
Parks and Recreation Master Plan. The annexation of adjacent property will
include a neighborhood park component which will help meet this need.
Additionally, upon annexation an impact fee of $500 per unit will be applied to
new residential building permits, which will be utilized to fund additional
recreational resources.
Planning and Zoning Board Staff Report
Annexation of Colony Subdivision
Page 5
Solid Waste: The annexation will have no affect on the solid waste impacts as
the development will be built out per the development plan. The solid waste
authority has indicated they have sufficient capacity to service this area. The
service provider will not change, as described later in this report.
Financial Impacts:
Effect Upon Annexed Property:
For the 2002 tax year the subject property had an assessed value of (taxable
value of $2,718,000). This represents vacant lot value of $18,000 x 151 lots.
With development the average assessed value is estimated at $216,386 per lot
for a total value of $32,674,286. With the change from County to City jurisdiction,
the following taxes and rates will be affected:
Ad Valorem Taxes
Millage
With Annexation
Fire/Rescue MSTU
Library
City of Delray Beach
~ity of Delray Beach Debt
3.05 Deleted (County)
.5403 Deleted (County)
7.37 Added (City)
.63 Added (City)
4.4097 Difference*
Total tax millage in the County is 19.9292 mills while in the City the total
millage rate is 24.3389 mills.
The current yearly ad valorem taxes are $54,167. With annexation the yearly ad
valorem taxes will be $66,153; a tax difference of $11,986. It is noted with build
out of the development these totals would be $651,172 and $795,249
respectively resulting in a difference of $144,077. In addition to property taxes,
the following Non Ad Valorem fiscal impositions apply:
Delray Beach Storm Water Utility - This assessment is based upon the
percentage of impervious area of the buildings, parking areas, etc. For non-
residential units the assessment fee is calculated using the following formula (#
sq.ft, of impervious area/2,502) X $54. A 25% discount from the assessment is
available if drainage is retained on site. Also a 25% discount from the
assessment is available because the subject property is located within the Lake
Worth Drainage District. Upon annexation an average annual fee of $27 per lot
(assuming a 2,500 sq.ft, impervious coverage) or a total of $4,077 will result.
Solid Waste Authority - This annexation area is serviced by BFI, and the City's
contract is currently through BFI (Browning-Ferris Industries). Therefore, the
waste service provider will remain with BFI upon annexation.
Planning and Zoning Board Staff Report
Annexation of Colony Subdivision
Page 6
Occupational License Fees -There will be no revenue associated with
residential development.
Resulting Impacts to Property Owner:
FINANCIAL CONSIDERATIONS:
AD VALOREM TAXES
(Change from 01/02 County of
19.9292 to City 01/02 rate 24.3389
mills.(4.4097)
NON AD VALOREM
Stormwater Assessment-overall
Per unit avera~& (2,500 sq. ft.)
ANNUAL FINANCIAL IMPACT:
TOTAL FOR jj
, 151 UNITS PER UNIT
(Undeveloped) $ 11,986
(Developed) $144,077
(Undeveloped) $ -0-
(Developed) $ 4,077
(Undeveloped) $ 11,986
(Developed) $148,154
79.37
954.15
-0-
$27.00
$ 79.37
$981.15
SERVICE CONSIDERATIONS:
FIRE RESPONSE
EMS
POLICE
+ Faster response time from (estimated time)
5.5 minutes (Count)/) to 3.0 minutes (Cit)/)
+ Faster response time from (estimated time)
5.5 minutes (County) to 3.0 minutes (Cit)/)
+ Better response based upon more officers in
field.
CODE ENFORCEMENT
+ Pro-active vs. reactive opportunity to work
with property owners
Fiscal Impacts to the City: At the 2001/2002 City operating millage rate of 7.37
mills and debt rate of 0.63 mills, the property will generate approximately $21,744
(undeveloped) and $261,394 (developed) in new City ad valorem taxes per year.
With future development, additional revenues will be realized through increased
Planning and Zoning Board Staff Report
Annexation of Colony Subdivision
Page 7
assessment value, building permit fees, the annual collection of the stormwater
assessment fee as well as utility taxes (9.5% electric, 7% telephone, 8.7% gas)
and franchise fees on electric, telephone, gas, and cable.
REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5(C) (4), the City
Commission must make findings that the annexation is consistent with
Objective B-3 of the Future Land Use Element, and complies with F.S. 171.
As stated above, the subject property is located within a designated
Annexation Area E. Its annexation is consistent with the Objective B-3 of
the Future Land Use Element. Also, the annexation complies with Florida
States Statutes Section 171 as it pertains to annexations.
The subject property is not in a geographical area requiring review by the CRA
(Community Redevelopment Agency), DDA (Downtown Development Authority)
or the HPB (Historic Preservation Board).
°Palm Beach Codnty Notice:
On April 10, 2002 the Palm Beach County Planning Division was notified of the
City's intent to annex this property. To date, a response has not been received.
IPARC Notice:
Notice of the Future Land Use Map Amendment was also provided to the
Interlocal Plan Amendment Review Committee (IPARC) which distributes the
information to adjacent municipalities. To date, a response has not been
received.
Courtesy Notice:
Courtesy notices were sent to the following homeowner's and civic associations:
Progressive Residents of Delray
President's Council
Hamlet
Chatelaine
Sherwood Forest
Country Manor
Sabal Lakes
United Property Owners
Barwick Estates
Rainberry Woods
Public Notice:
Formal public notice has been provided to all property owners subject to the annexation
and surrounding property owners within a 500 foot radius of the subject property.
Letters of objection, if any, will be presented at the Planning and Zoning Board meeting.
Planning and Zoning Board Staff Report
Annexation of the Colony Subdivision
Page 8
Accommodating the annexation of this property is consistent with the City's program for
annexation of territory within its Planning and Service Area. The associated application
of City Future Land Use Map and initial Zoning designation is being processed
separately as part of Comprehensive Plan 02-01. Pursuant to Florida Statute 171.062
as the area being annexed is subject to a county land use plan and county zoning or
subdivision regulations these regulations remain in force and effect until the municipality
adopts a comprehensive plan amendment.
The annexation will provide the property with better Police, Fire, EMS and Code
Enforcement services. The property will experience an increase in ad valorem taxes.
The City will receive additional revenue from property taxes, in addition to storm water
assessment fees, utility taxes, franchise fees, and licensing fees upon development.
If the annexation is approved, building permits for new construction must be processed
through the City.
A. Continue with direction.
Recommend approval of the Annexation based upon positive findings with
respect to LDR Section 2.4.5(C)(4) that the annexation is consistent with Future
Land Use Element Objective B-3 and complies with Florida Statute Chapter 171
as to the following:
That the property is contiguous, reasonably compact and does not create
an enclave; and,
That services will be provided to the property in a manner similar to other
similar properties within the City.
C. Recommend denial of the Annexation, with the basis stated.
Recommend approval of the Annexation based upon positive findings with
respect to LDR Section 2.4.5(C)(4) that the annexation is consistent with Future
Land Use Element Objective B-3 and complies with Florida Statute Chapter 171
as to the following:
· That the property is contiguous, reasonably compact and does not create an
enclave; and,
Planning and Zoning Board Staff Report
Annexation of the Colony Subdivision
Page 9
· That services will be provided to the property in a manner similar to other
similar properties within the City.
Attachments:
I~ Location Map
Q Aerial map of property
Q Overall map
This Report prepared by: Paul Dorling, Planning and Zoning Director
L-50
CLASSICAL BOULEVARD
P.U.D.
CANAL
AGR
AR
MRS
MODERN ORrVE
BOULEVARD
AGR
AR
MR5
ii-.
PINE TREE DRIVE
SUNRISE BOULEVARD
COM ,~R
MR5
PALM RIDGE BLVD.
VAC
AR
MR5 ]
AGR
!
I
I
I
I
I
I
I
RANCH
133 ROAD SOUTH
II I II ~CITY LIMITSI II J L-~31
N
MAY 2002
CITY LIMITS
CITY OF DELRAY BEACH, FL
PLANNING & ZONINGDEPARTMENT
WINTERPLACE ANNEXATION
AR --.--- COUNTY ZONING DESIGNATION
AGR-..- EXISTING LAND USE MR5-..---COUNTY FUTURE LAND USE
MAP DESIGNATION
AGR - AGRICULTURE AR, RTU - RESIDENTIALZONING
COM - COMMERCIAL CG - COMMERCIAL ZONING
SFR - SINGLE FAMILY
MR5 ' RESIDENTIAL LAND USE, 5 UNITS/ACRES
VAC - VACANT CHO/8 - COMMERCIAL HIGH OFFICE LAND USE
MAP REF LMsg2
-- DI~'ITAL B4$E M,4P SYSTgM --
CITY COMMISSION
CITY OF DELRAY BEACH~ FLORIDA
REGULAR MEETING - JULY 16~ 2002
6:00 P.M. - COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEMS:
9. REGULARAGENDA
Ge
PURCHASE OF PROPERTIES: Consider approval of contracts to purchase properties
located at:
· 2400 Owens Baker Road and Contract for Sale and Purchase between the City and James
W. and E.B. Baker and Carolyn Tubbs in the amount of $149,500.00
· 2320 Owens Baker Road and a vacant parcel of land and Contract for Sale and Purchase
between the City and Anthony E. and Laurel B. Baker in the amounts of $91,000.00 and
$41,600.00
· 2464 Owens Baker Road and Contract for Sale and Purchase between the City and
Eugene B. and Barbara M. Baker in the amount of $143,000.00
He
RESOLUTION NO. 63-02: Consider approval of Resolution No. 63-02 authorizing the City
of Delray Beach to issue Revenue Bonds not to exceed $7,000,000 for the purpose of
financing the cost of land acquisition with respect to the Barwick Land Acquisition Project
with Bank of America.
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.
CITY OF DELRrlY BEACH
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993
DATE:
TO:
FROM:
SUBJECT:
Writer's Direct Line: 561/243-7091
MEMORANDUM
July 16, 2002
City Commission
David Harden, City Manager
Susan A. Ruby, City Attorney
Property Acquisitions Alonq Owens Baker Road
In anticipation of receiving signed contracts today, our office requests that the
following contracts for sale and purchase be placed on tonight's agenda for
approval.
James W. and E.B. Baker and Carolyn Tubbs - 2400 Owens Baker Road
(309)- $149,500.00
2. Anthony E. and Laurel B. Baker - 2320 Owens Baker Road (127) -
$91,000.00
Eugene B. and Barbara M. Baker - 2464 Owens Baker Road (312) -
$143,000.00
4. Anthony E. and Laurel B. Baker (149) - (vacant land) - $41,600.00
The contracts provide for the City to perform feasibility studies within thirty (30)
days and provides a closing 19 - 23 days thereafter on the properties. A
relocation fee of $5,500.00 applies to Property #3 and $1,500.00 to the remaining
properties except there is no relocation fee due for property #A. There is a 10%
deposit to be held in escrow on all the properties.
Once the contracts are approved, the only properties remaining to be acquired or
put under contract are the M & P Parcel (shown as 147 on the map) at 150 Davis
Road and the Breezy Ridge Parcel belonging to Mr. and Mrs. Martin located at
2321 N.W. 2nd Street (Lot 8 - Breezy Ridge).
City Commission
David Harden, City Manager
July 16, 2002
Page 2
SA~ V'v
Attachments
Cc:
Barbara Garito, City Clerk
Lula Butler, Director of Community Improvement
Janet Meeks, Education Coordinator
Robert Federspiel, Esq.
:ORAL TRACE BLVD ~-~'~ c,'~,'
NW ~H
CORAL TRACE IBLVD
CONGfE£$$
;~.,~
CONTRACT FOR SALE ~ PURCHASE
PARTIESs JAMES W. BAKER and E.B. BAKER and CAROLYN TUBBS,("Seller"),C/O 2320
Owens Baker Road, Delray Beach, FL 33445, (Phone: 561- ), and the
CITY OF DELRAY BEACH, a Florldamunlcipal cozporat£on,("Buyer"), of 100 N.W. 1'~
Avenue, Delray Beach, FL 33444 (Phone: 561-243-7000), hereby agree that the
Seller shall 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
("Standard(s)") on the reverse side hereof or attached hereto and riders and any
addenda to this Contract for Sale and Purchase ("Contract").
DESCRIPTIONs
(a)Legal description of the Real Property located in Palm Beach County,
Florida:
(SEE LEGAL DESCRIPTION ATTACKED HERETO)
Property Control No.: 12-43-46-18-00-000-3090
II.
(b)
Street address, city, zip, of the Property is: 2400 .Owens Baker
Road, Delray Beach, Florida 33445
PURCHASE PRICEs
PAYMENT ~
(a)
$ 149.500.0~0
Deposit(s) paid within three (3)
business days following the approval
of this Contract by the City Commission
pursuant to Section XI(B) below, to be
held in escrow by Robert W. Federspiel,
P.A. Trust Account in the amount of
$ 14,950.00
(b)
Balance to close (U.S. cash, LOCALLY DRAWN
certified or cashier's check), subject to
adjustments or proration
Total
$134~550.00
$149,500.00
III. 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.
IV. TITLE EVIDENCE= At least 30 days from the effective date, (CHECK ONLY
ONE): ~ Seller 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.
V. CLOSIN~ DATE~ Provided that the Buyer has not cancelled this Contract,
this transaction shall be closed and the deed and other closing papers delivered
nineteen (19) days following the completion of the inspections pursuant to
Article XI(A) of this Contract, unless modified by other provisions of Contract.
VI. RESTRICTIONS; EASEHENTS; 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 ?~
feet in width as to the side lines, unless otherwise stated herein); taxes for
year 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. OCCUPANCY~ Seller warrants 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 and the tenant(s) or occupants shall be disclosed pursuant
to Standard F. 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 F~%NDWRITTEN 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 ~may not assign this Contract.
Xe
DISCLOSURES:
(a) Radon 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.
(b)
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 James W. Baker Date
Social Security
or Tax ID No.
E. B. Baker
Social Security
or Tax ID No.
Carolyn Tubbs
Social Security
or Tax ID No.
Date
Date
Deposit (s} under Paragraph II (a) received; IF OTHER THAN CASH, THEN SUBJECT TO
CLEARANCE: ROBERT W. FEDERSPfEL, P.A
By:
BROKER'S FEE: The broker named below, including listing and cooperating brokers,
are the only brokers entitled to compensation in connection with this Contract:
Name:
Listing Broker Cooperating Broker
L~AL DESCRIPTION
That part of Section 18, Township 46 South, Range 43 East, Palm Beach
County, Florida, described as follows:
The Bast 132 feet of the North ~ of the Northeast ~ of the Southeast ~ of
the Northwest ~ of said Section 18, LESS the South 145 feet thereof and
LESS the North 158 feet of the West 100 feet thereof;
and
The West 177 feet ~f the North M of the Southwest ~ of the Northeast ~ of
said Section 18, LESS the South 145 feet of the West 68 feet thereof
also less
The East 109 feet of the West 177 feet of the South 150 feet of that part
of the North ~ of the Southwest ~ of the Northeast ~ of Section 18,
Township 46 South, Range 43 East, Palm Beach County, Florida, lying west
of E-4 Canal..
ADDENDU~I TO CONTRACT FOR SALE AND PURCHASE
SELLER:
JAMES W. BAKER, E.B. BAKER, and CAROLYN TUBBS
BUYER:
CITY OF DELRAY BEACH, a Florida municipal corporation
PROPERTY ADDRESS:
2400 Owens Baker Road, Delray Beach, Florida 33445
XI. SPECIAL CLAUSES; ADDENDA (Continued):
A. The Buy&r shall have thirty(30) days following the approval of this
contract by the City Commission as set forth in Paragraph (B) below withinwhich
to conduct any and all feasibility studies and 4eterminations 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 mon/es 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 Comnu[ssion of the City of Delray Beach within
fifteen business (15) 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 City Comm/ssion shall have approved and accepted said
Contract in open session. If this Contract is not approved by. the City
Commission of the City of Delray Beach within fifteen business (15) 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, ~he Seller agrees to be responsible for the same
and to indemnify, save, and hold th~Buyer harmless for such taxes.
D. 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 Seller vacates the premises:
(List):
E. 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 right 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 County.
Iii you wish to elect this post-clos£ngI
.occupancy option, please initial here:I
F. 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' INITIALS:
STANDARDS FOR REAL ESTATE TRANSACTIONS
&. EVIDENCE OF TITLEs (1}An abstract of title prepared or brought current by a reputable and existing ~bstract firm (if not
extetine then certified as correct by an existing firm) pur~ortin~ to he an accurate ~mol~is of the instruments effectin~ title to
Re~I P~Opert¥ recorded in the public records of the county wherein Real Property is located, through Effective Date. It shall
~eeaen~e with the earliest public records, or such later date as may be customary in Zhe county. U~on closing of th/s (~Dntrec~, the
· b~tra~ shall become the property of Buyer, subject to the right of retention thereof by first n~rtga~ee until fully peid. (2} A
title insurance come/tm·n· issued by & Florida licensed title tonurer &greein~ to issue to Buyer, u~on recording of ~he deed to
Buyer, an o~ner's pulicy of title insurance in the amount of the purchase price, insurin~j Buyer's title to Real Pro~et~¥, subject
c~ly t~ liens, encumbrances, exceptions or qualification provided ~n r.h/e ~ontr~c~ ~nd ~hone ~h~h shell be
or before closing. Seller shall convey · marketable title subject only to liens, encumbrances, ex~el~ci~ or qualificatimm set forth
ia (~m~rec~. Marketable title shall be determined according to applicable Title EtL~dards &dop~ed by authority of The Florida
end in accordance with law. Burr shall have 30 days, if abstract, or $ days, if title co~d~___ment, from date of ~ceivtng evidence of
title tO e;=-~-- it. If title ie found defective, Buyer ·hall, within $ deys ~h~mftor, notify Seller in witl~ specifying
defOC~(I). I£ the defeCt(l) render title umuarketable, Seller will have l0 deye fro~ receipt of no~lco to regove the defectil),
Zalling Welch Buyer shall, within five (5) days &fret expir·tiou of ~he ~hi~cy (30) day period, deliver written notice to Seller
ei~her~ (1} ex, ending the ti~e for · reasonable period no~ to exceed 120 days Wi~_h~, ~hich Seller shall use dlltge~ effor~ to z~ve
the defec~l; or (2)requesting · refund of deposit(e) paid ~t~tch shall ie~diatel¥ be returned to Bulmr. If Ruyer ~aile to
Seller, Buyer ihall he deemed to have &ccepted ~he title is it then il. Seller ~hall, If title in found un, electable, ue diligent
effort to correc~c defect(l) in title within the tim provided therefor. If Seller il ,m~le to timely correct ~he defects, Ruler
shell either Nive ~he defectl, or receive · refund of depo~it(I), ~hereby tel··lin9 Buyer and Seller fro~ ·11 ~u~f~er obligation
~nder ·hi· Oontract.
S. ~VEY~ Buyer, it Buyer.i expense, within time &lloyd to deliver evidence o£ title, mey he, Real Propez~y surveyed and
cer~l£1od by · registered Florida surveyor. If t~e survey discloses e~croacbmente m ~he Real Property or ~hat iulMmvesmnte located
~P~ntel reguletimt, the e~ae Ihell constitute · title defect.
C. ~S A~D ~tl~S~ Seller errants and reprelentl that there ts lngrelS and e~reli to ~he ~eal Pz~pe~ ny sufficient for ~he
intended use &e described in P&r&graDh VI. hereof, title to which is in accordance With S~andard A.
D. LII~f~ Seller shall furnish to Buyer at time of closing an affidavit ·ttesti~ to ~he tbs·nc·, unleee o~erwiee provided for
herein, of any financing etateuente, claims of lien or potential lienor· known to Seller ~nd fischer atteatin~ ~bat t~ere have been
no t~provemente or repairs to Property for 90 days imm·die·ely preceding date of closing. If Property he· been improved, or repaired
within that time, Seller ·hall deliver releases or maivers of mechanics' liens executed by all 9eneral ccmtr&ctors, m,J~:¢mtrectors.
~dppliers, a~d meterialmen in addition to Seller's lien affidavit setting forth ~ names of all such 9eneral con·rectors,
eu~7~tractors, supplier· end mat·ri·Ieee and further effirming t~at ill char~es for t~prov~uents or repairs ~d~tch could serve ·s ·
I~ele for · mechanic's lien or · clal~ for dee·gee have been paid or will be paid at closing of this Contract.
~. FL&C~ OF CLOSI~3~ Closin9 ·hall be held in ch· count~where Eeal Property le located, et Ch· office of Ch· ·tto~e¥ of the
B~er.
F. TI3~ In computing time Periods of lees than six (t) days, Seturdays, Sundays and state or national legal holidays shall be
excluded. Any time Periods provided for herein which ·hall end on Saturday, Sunday or lecjal holiday ·hall extend ~o $:00 p.m. Of ~he
~ business day. Time is o£ the essence in t~Lis Coutr&ct.
~. lx3a~IE~TS FOR CLOSI34G~ Buyer shall furnish deed, o~ner'e possess·on ·ffidavit, correc~ive instruments, and clo~ln9 s~ute~ent.
N. ~tI~NS~S~ Recording of corrective inst~m~nts shell be peid by Seller; recording of deed ·hall be paid by Buyer. tlnless
otber~iee provided by law or rider to ·hie Con~ract, ~harges for the following related title eervices, namely title or ~bstract
cha~je, title exam/nation, and settlement and closing fee, ·hall be paid by the party responsible for furnishing the title evidence
in accordance with P&r&~r&Dh ~.
Z. ~ ~q~s.q~rr t.~s~ Certified, con~izmed and ratified specisl &sseasmont liens ·s of date of clo~i~j {not ~s of ~fective
Date! ere to be paid by Seller. Pending liens &s of date of closing shall be assumed by Buyer. If the improvement has been
substantially completed as of Effective Date, any pending lien shell be considered as certified0 confirmed or ratified and Seller
shall, et closing, be charged an ·mount equal to the last estimate of assessment for =he leprovea~nt by the public body.
J, RIS3C OF LOSS= If t~he Property is ~hunagnd by fire or o~her casualty before closing f~d coat of restora~ic~ does n0c exceed 3% of
the ~ssessed valuation of the Property so damaged, cost of restoration shall he an obligation of t_b~ Seller and clos~ shall proceed
pursuant to the terms of Contract with restoration costs escrowed et closing. If t, he cost of restoration exceeds 3% of ~he assessed
valuation of the improvements so damaged, Buyer shall have the option of either taking Property as is, together with el~er the 3% or
any in·ur·nc· proceeds payable by virtue of such loss or damage, or of cancel·n9 Contract ond receiving return of deposit(s).
' K. l~0~m~$ O1~ S~J~; CLOSIN~ PROC~DURE~ The deed s~ll ~ recorded u~n clearence of f~ds. If ~ abstract of ~i~le ~s ~en
fu~, evidence of title sh~ll ~ con~inu~ at ~yer's ~nse to ~ ~l~le in ~r, ~t~t ~ ~r~es or ~e ~ich
~ld re,er ~ller's t~le ~rket~le fr~ the ~te of the las~ evid~e. ~1 cl~i~ p~ee~ s~ll ~ held ~ ~ ~ ~ller.s
at~o~ey or other m~ually accep~le escr~ agent for a ~ri~ of ~ ~re ~ 5 ~ys after closi~ ~e. IE Seller.s ~itle is
r~r~ ~rket~le, ~hro~h ~ faul~ of ~yer, Buyer shall, within ~he 5 ~y ~ri~, ~y ~ller ~ ~i~ of ~he defect ~d
~ller s~ll ~ve 30 ~ys f~ ~te of ~ce~pt oE such ~tification to ~re ~he defect. If Seller fails ~o ~i~ly ~re ~ ~fect,
~nt, Burr s~ll re~u~ Perso~lty ~d ~cate Real Pr~y ~ reconvey ~e P~y to Seller ~ s~i~ ~ty d~ ~d
~ lnte~nl~ ~Eect ~cept as my ~ avail~le to ~yer ~ virus oE ~rr~tie8 ~i~ ~n the ~ or bill of sale. If a
~ ~ ~uc~. bller ~11 ~ ~ rlgh~ to ~ln f~ ~ 1~ ~i~u~i~ a ~ ~~ ~ i~ ~11 ~ ~ld
~tract, ~t my, at ~ent,s opti~, c~tA~e to ~ld the ~t mCter of ~e esc~ ~t~l ~ ~ieo ~to agr~ to its
~ bller ~ere ~ent Is ~e a ~y ~uoe of act~ as ~t ~r, or in ~y ~t ~ ~t ~nte~lea~ ~
~llt~ breach of ~tra~ or 9~ss n~lige~e ot ~.
~ or mgen~ relatio~hips aut~riz~ ~ ~ter 475, F.S., ~ ~, ~11 ~ ~titlg to ~r t~ ~ ~-prevaili~
~y ~s~le aCto~'s i~8, ~sts, ~ ~es.
~l~(s)). the de~sit(s) ~id by Buyer ~ d~sit(s) agr~d to ~ ~id. my ~ ~ ~ ~tl~ ~ or tot ~ a~ of
~ller , agre~ u~n li~ilted ~9es, ~i~rat/~n fo%the ~ti~ of this ~t~ct ~ Lo tull settl~,t o~ ~y
to ~lorce Seller's rights ~er t~l ~ntract. If, for ~y ~a~n other t~ ~ailure of Seller to ~ Seller's title ~et~le
after diligen~ effo~, Seller fails, n~lects or ~Euses to ~rfo~ this ~tract, ~e ~r my s~ ~ific ~rfo~ or elect
to ~eive the retu~ of Buyer's de~ait(s) ~t~t thereby vaivi~ ~y action for ~9es ~lti~ ~ Seller's breach.
~. This ~tract s~ll hind and inure to the ~nefit of the ~ies a~ ~eir ~c~ssors in interest. ~ever the ~ntext
elective as if given by or to t~t ~y.
t~e othe~ise accepted by Buyer. Perso~l P~y s~ll, at re,est of ~yer, ~ tr~fe~ed ~ ~ ~solute bill oE sale ~ith
~rranty of title, s~Jec~ only to such rotters as my ~ othe~ise p~id~ for he~in.
~. ~ ~St No prior or p~sent agre~nts or representatl~ s~ll ~ bi~ ~ ~r or ~ller ~ess i~luded in
~ t~ ~rty or ~rties int~d to ~ ~ ~
· . ~Z~ Seller va~ants t~t che~ are ~ facts ~ to Seller mterially aife~ ~ ~lue of ~e ~y ~ are
~t readily ~se~le ~ Buyer or ~lch ~ ~t ~en disclosed to ~yer.
LEASE
THIS LEASE, is made byand between CITY OF DELRAY BEACH, hereinafter
called "Landlord," whose address is 100 N.W. First Avenue, Delray. Beach,
Florida 33444, and JAMES W. BAKER, E.B. BAKER, and CAROLYN TUBBS,
hereinafter called "Tenant."
W I TNE S S E TH:
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 2400 Owens Baker Road, Delray
Beach, Florida Said 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 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 Landlorduntil
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 and planings, lawn pest
control, building exterior, building interior, pool and equipment/pool
sservice, and that the obligation and cost of maintenance shall be borne
by the Tenant.
4. Ail charges for utilities services durin9 the term of this
Lease, including but not limited 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 and injury to
themselves and others which my result from the occupancy of the subject
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 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 anyand all ,damage to
the premises occasioned by Tenant or any other party during th~ 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 agent
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 AGREEMENTTHE TEHANTAGREES THAT UPON RRENEROR
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:
As to Landlord (2 required)
CITY OF DELRAY BEACH
By:
David W. Schmidt, Mayor
As to Tenant (2 required)
CONTI~CT FOR SALE ~ PURClI~SE
PARTIES: ANTNONYN. BAKER andLAURELB. BAKER, h/s w£fe,("Seller"), of 2320 Owens
Baker Road, Delray Beach, FL 33445, (Phone: 561-278-7635), and the CITY OF
DELRAY BEACH, a Floridamunlcipal corporation,("Buyer"), of 100 N.W. 1"= Avenue,
Delray Beach, FL 33444 (Phone: 561-243-7000), hereby agree that the Seller shall
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 ("Standard(s)") on the reverse
side hereof or attached hereto and riders and any addenda to this Contract for
Sale and Purchase ("Contract").
DESCRIPTION~
(a)Legal description of the Real Property located in Palm Beach County,
Florida:
The East 125 feet of the West 302 feet of the South 150 feet of the North
~ of the southwest ~ of the Northeast ~ of Section 18, Township 46 South,
Range 43 East, Palm Beach County, Florida
Property Control No.: 12-43-46-18-00-000-1270
(b)
Street address, city, zip, of the Property is: 2320 Owens Baker
Road, Delray Beach, Florida 33445
II.
PURCHASE PRICE~ $
PAXMENT~
(a) Deposit(s) paid within three (3)
business days following the approval
of this Contract by the City Commission
pursuant to Section XI(B) below, to be
held in escrow by Robert W. Federspiel,
P.A. Trust Account in the amount of
91.000.00
$ 9,100.00
(b)
Balance to close (U.S. cash, LOCALLY DRAWN
certified or cashier's check), subject to
adjustments or proration
Total
$ 81~900.00
$ 91,000.00
III. TIME FOR ACCEPTANCe; EFFECTIFE 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.
IV. TITLE EVIDENCE~ At least 30 days from the effective date, (CHECK ONLY
ONE): []Seller shall, at Seller's expense, deliver to Buyer or Buyer's attorney;
OR IBuyer shall at'Buyer's expense obtain (CHECK ONLY ONE): Dabstract of title
or Ititle insurance commitment (with legible copies of instruments listed as
exceptions attached thereto) and, after closing, an owner's policy of title
insurance.
V. CLOSING DATE, Provided that Buyer has not cancelled this Contract, this
transaction shall be closed and the deed and other closing papers delivered
twenty-three (23) days following the completion of the inspections pursuant to
Article XI(A) of this Contract, unless modified by other provisions of Contract.
VI. RESTRICTIONS; EASEMENTS; LIMITATIONSz 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~
feet in width as to the side lines, unless otherwise stated herein);., taxes for
year 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. OCCUPANCY, Seller warrants 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 and the tenant(s) or occupants shall be disclosed pursuant
to Standard F. Seller shall deliver occupancy of Property to Buyer at time of
closing unless otherwise stated here~n. 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 HANDWRITTEN 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 ~may not assign this Contract.
Xe
DISCLOSURES:
(a) Radon 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
(b)
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 CW~CKHERE I.
CITY OF DEIAtA¥ BEACH
Tax ID No. 59-6000308
Date Anthony E. Baker Date
Social Security
or Tax ID No.
Laurel B. Baker
Social Security
or Tax ID No.
Date
Deposit(s) under Paragraph II (a) received; IF OTHERTHANCASH, THEN SUBJECT TO
CLEARANCE: ROBERT W. FEDERSPIEL, P.A
By:
BROKER'S FEE: The broker named b~low, including listing and cooperating brokers,
are the only brokers entitled to co~ensation in connection with this Contract:
Name:
Listing Broker
Cooperating Broker
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
SELLER:
ANTHONY E. BAKER and LAUREL B. BAKER, his wife
BUYER:
CITY OF DELRAY BEACH, a Florida municipal corporation
PROPERTY ADDRESS:
2320 Owens Baker Road, Delray Beach, Florida 33445
XI. SPECIAL CLAUSES; ADDENDA (Continued):
A. The Buyer shall have thirty (30) days following the approval of this
contract by the City Commission as set forth in Paragraph (B) 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 mon/es 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 business (15) 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 City Commission shall have approved and accepted saia
Contract in open session. If this Contract is not approved by the City
Commission of the City of Delray Beach within fifteen business (15) 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 a~rees to be responsible for the same
and to indemnify, save, and hold the Buyer harmless for such taxes.
D. 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 Seller vacates the premises:
(List):
E. 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 right 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 County.
Iii' you wish to elect this post-closing~
occupancy option, please initial here:!
F. Relocat£on Benefit: The Buyer hereby acknowledges ~hat if the
subject property is occupied as of the date of closing, ~he 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' INITIALS:
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. ~%~DENC~ OF TITLE: {1)An abstract of title prepared or brought current by a ~t~le ~ ~ls=t~ ~stract f~
Real P~y recorded in the ~lic records of the c~ty ~erein Real P~y is l~a~, Z~ough Effective ~2e.
~e with ~he earliest p~lic records, or su~ la2er ~te as My ~ ~st~ ~n t~ ~ty. ~n clo8i~ o~ ~s ~rac~,
~sZract s~11 ~c~ the pr~y of Buyer, e~ject to ~he righ= GE re~ion ~r~f by firs~ ~gagee ~1 fully ~id.
title ~nsurance c~t~nt issu~ by a Flori~ lite. ed title i~rer ag~ei~ to ~ssue to ~yer, u~ reco~i~ of t~ de~ to
~r, ~ ~er's ~l~cy of title ~nsur~ce in Zhe ~t of the ~r~se price, i~uri~ ~yer.s title to ~1 P~y, ~t
~1~ ~i~ h~ B~ll, ~n ~Lve (S) ~ after ~Lra~i~ oE ~ ~y (30) ~y ~ri~, ~l~ver ~L~ ~ to
ei~ (1) K~i~ ~ ~im for a merle ~r~ ~ ~o K~ ~0 ~ ~n ~ ~ller ~11 ~e ~IL~ e~f~ ~
s~ll eL~r ~i~ ~ ~fec=l, or r~eive a ~E~ oE ~sLt(e), ~ =el~sL~ ~er ~ Seller fr~ all f~r
B. ~s ~r, at Bu~r's ~e, ~n ~l~ all~ to deli~r ~e of title, my ~ ~1 ~y ~
~tal r~latt~, t~ ~ e~ll ~Citute a title ~fect.
~. ~ ~ ~S~ ~ller watt.ts ~ ~p~eents t~t ~ Is ~r~s ~ ~s~ to t~ H~I ~y ~f~ for
tnt~ ~e as ~ecri~ in Para.aDh ~. ~f, title to ~ ~ ~ acco~e ~th ~ A.
~ ~~t~ or ~rl to ~y for 90 ~ ~atel~ p~ ~te CE clo~iW. If ~y ~ ~ ~, or
~ t~t ti~, Seller ~11 deliver ~lea~ee or ~i~ of =ce' li~ ~t~ ~ all ~ral ~=ractors,
~l~erl, ~ ~terial~n ~n a~t~ to ~ller.e l~en aff~da~t sett~ fo~h t~ ~s of all ~ g~rel
~oiS for · ~lc's li~ or a claim for ~ges ~ ,~en ~id or ~11 ~ ~id aC closl~ of ~his ~ract.
· . ~ OF ~S~* Clos~ s~ll ~ ~ld In ~he ~ere Real P~y ~s 1~, a= ~ office o~ ~he a~to~y of
~r.
F. ~ ~n ~Ct~ Ci~ ~ri~ of less C~ six (6} ~, ~cu~, ~ ~ scats or ~ci~l l~al ~li~ ~11
ell. ~ tie ~ri~s p~id~ for k~ la s~ll e~ m ~t~y, ~y or 1wal ~li~y s~ll ~ ~ f~O0 p.~.
~ ~i~ss ~y. ~ is of ~ ess~e ~ ~s ~Cract.
~. ~S ~ ~ ~yer s~ll fu~sh ~, ~r** ~s~ssi~ airiest, ~ectiu ~st~ts, ~ cl~l~
H. ~S~ ~e~i~ o~ co.strive lnst~ts s~ll ~ ~id by ~ller; r~o~l~ of deed s~ll ~ ~id ~ ~r.
o~lse p~ided by law or rider to t~s ~tract, ~es for the foll~l~ relat~ title semites, ~ly title or
c~. title m~tion, ~ settl~nt ~ cl~i~ E~. ~11 ~ ~id ~ t~ ~y ~le for f~is~ t~ title
In a~e vi~ Paragraph ~.
I. = ~ L~ ~nifi~, ~i~ a ritllig ~tal assee~C ll~ as of ~te of cl~ (~ ~ ~
~te{ are ~o ~ ~id ~ ~11er. P~iW liens as ot ~e oi closi~ shll ~ asmd by ~yer. Ii =he i~v~t ~s
~mtially ~le~ as oi }ii~ctiv~ k~e, uy ~t~ lien s~ll ~ c~iderg as ce~ziied, c~ii~ or r~tilig ~ Seller
all, I~ closi~, k ck~g In I~ ~al ~o ~he las~ eskimos of asses~nt for ~e l~e~n~ by ~he ~lic ~y.
~ ~ss~ val~ct~ ol ~ ~ny ~ ~gg, ~s~ of ~stora~i~ 8~11 ~ ~ ~lipcion of C~ ~ller ~ cl~ s~l
~t to the te~ of ~tract with restorati~ ~ts esc~ at closi~. I[ the ~t of restorati~ ~ 3% of t~
~ll~ti~ of ~ i~nts so ~gg, ~yer s~ll ~ ~ ~tim of either tal~ P~y as is, t~r ~ ei~r ~
~ l~r~e p~s ~y~le ~ virus of such loss or ~mge, or of alt~ ~ntracC and r~etvi~ reCun of
K. ~]t(:s~u~S OF SXLE; CT. OSXI~ PROCEDURE: ~e deed s~ ~ ~ecord~ ~ cl~r~ce of f~. If ~ ~stract of t~tle ~s ~en
fu~lsh~, evidence o[ title s~ll ~ continu~ at ~r's ~e to s~ title in ~r, ~t ~y ~~s or ~e ~ich
~ld ~er Seller's title ~rke~le f~ t~ ~te of ~ last ev~. ~1 cl~ p~ s~ll ~ ~ld ~ e~ ~ ~ller's
atto~ey or other ~t~lly accept~le esc~ agent for a ~ri~ of ~t ~ ~ S ~ after closl~ ~te. If Seller,s title is
~er~ ~rke~le, =brough no [aul~ of Buyer, Buyer s~ll, w~thin =he S ~y ~ri~, ~ify ~ller ~ ~i~ of ~ ~f~
~ller s~ll ~ve 30 ~ys f~ ~te of rece~p~ of such ~tlf~ca~i~ ~o ~re ~ ~f~. ~f ~ller fa~ls ~o ~t~ly ~re ~
b~ll of sale. If ~r tails ~o ~e Silly ~ for ~, ~r ~11 ~e =isle ~ ts, ~t~ all ri~s .~ ~ller ~
~i~ o~ t~ ~=e price Is to ~ der~ f~ ~tituti=l f~ or ~f~, ~~ o~ ~ 1~;~ ~titutl=
~ ~ place, ti~ of ~ ~ p~s for cl~, ~ for ~~t ~ ~ ~ ~11 ~t~l ~ ~
~~t of m~gage p~ Is m ~lt o~ ~y title ~f~ Itt~le to ~r-m~. ~ ~c~ ~ c~i~
~ ~ ~le ~ my ~ ~i~ If title ag~t i~= a~e ~tte~ ~t ~ ~l~ 627,7841, F.B., ~ ~,
~ly, ~ld sam ~ esc~ ~, I~ect to ~flr~, ~e ~ ~ K~ ~ t~ ~ ~tia o~ ~cn~.
~tr~, ~t ~y, at ~t's ~ti~, ~t~e to ~ld ~e ~l~t ~tter ot ~ emc~ ~til t~ ~iel ~to ag~ to its
~ ~ clerk of ~ clair ~ ~ J~ildiKl~ of ~e dicta. ~ ~tl~ all ~iel ~ of ~ ~tim, all
li~lity ~ t~ ~ of ~t s~ll fully t~te, ~qt to ~ ~t~t ot ~t~ tot ~ itm ~=ly ~li~ ~t
eK~. If · ltc=g sl estate b~er, ~ ~11 ~ly ~ p~si~ of ~er 4~S, F.8., ~ ~. ~ ~t ~t~ ~r
l~le to ~y pry or ~rson for ~elt~ ~ Mr or ~ller of ltm ~J~ to ~s ~, ~ess ~ ~ll~ Is &e to
~ or ~9~ rela~i~hips au~riz~ ~ ~pter 475. F.$., aa ~, s~ll ~ ~titl~ to ~r i~ ~ ~-p~l~
~y ~le aCto~ey'l fees, ~t8, ~
~, ~r ~ Seller s~ll ~ ~li~ of all ~ltgati~ ~r ~t~ct; ~ ~11~, at ~lle~'s ~i~, ~y p~ ~
to ~ Seller,s rights ~er this ~ntract. If, tot ~y rea~ other ~ [~lu~ oE ~eller to ~ ~eller'e ~ltle ~et~le
~ter ~lig~t efto~, Seller tails, n~lect8 or fetuses to ~riom ~l ~c~ct, ~ ~r my 8~ ~ilic ~o~ or ~t
to wive the retu~ of Buyer's de.sit,s) ~t~c t~b~ ~tvi~ ~y ~l~ for ~mges ~lulti~ ~ Seller's breach.
O. ~ ~ ~~ ~ ~ ~I~z Neither ~il ~ntract ~r any ~tice of it s~ll ~ r~o~ in any ~lic
~. ~ls ~tract s~ll bi~ ~ inure to the ~nefic of C~ ~les ~ their ~ccessorl in lnte~lt. ~mr ~e c~t
~Cl. li~lar ~11 lncl~e plural ~ ~e ~er J~ll i~l~e all. ~lce giv~ ~ or ~o ~ ~tto~ Eot ~ ~y ~11 ~ as
P. ~~ Miler ~11 ~y title ~o ~1 P~ny H ~y ~, ~l~ ~ly co ~t~e~ ~ ~ ~~.
~ ot~ise accepc~ by ~yer. ~1 p~y ~11, ac r~es~ of ~r. ~ ~r~fe~ ~ u ~lute bill of sale
vl~y ot ~i~le, I~ject only ~o lu~ ~ers as ~y ~ oc~ise p~l~ tot ~in.
g. ~ ~s~ ~o prior or pruent agr~nts or repres~ati~ s~ll ~ bi~ u~ ~r or ~ller ~ess iKl~
this ~ract. No ~iftcati~ or c~e In ~hts ~ract s~ll ~ valid ~ bt~i~ ~ ~e ~tes tess tn ~i~ ~
~ ~ ~y or ~nies int~g to ~ ~ by
$. ~1S~ ~ller varr~ts t~t the~ are ~ tactl ~ to ~ller mte~ally ~te~ ~ ~ue o[ ~ ~y ~ ~e
~ ~ily ~se~le by ~yer or ~i~ ~ ~t ~ diiclol~ to ~r.
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 ANTHONY E. BAKER and LAUREL B. BAKER, his wife,
hereinafter called "Tenant."
W I TNE S SETH:
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 2320 Owens Baker Road, Delray
Beach, Florida Said 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 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 Aven~e, ~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 ahd heat, appliances and/or appliance service contract,
interior pest-extermination (if desired), lawn and planings, lawn pest
control, building exterior, building interior, pool and equipment/pool
sservice, 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 limited 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 and injury to
themselves and others which may result from the occupancy of the subject
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 liability, costs, claims, expenses, or damages of whatsoever
nature including defense costs, attorneys' fees, and administrative
costs.
6. Tenant shall deliver uppossession 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 Tenantk 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 i~gnediately 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 reasom~hle attorney's
fees which may be paid or incurred by Landlord or Landlord's agent
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 AGREEMENTTHETENANTAGREESTHATUPON 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:
As to Landlord (2 required)
CITY OF DELRAY BEACH
By:
David W. Schmidt, Mayor
As to Tenant (2 required) TENANT:
COi~I~CT FOR SALE AKD PURCHASE
PARTIES, ANTHONY E. BAKER and LAUREL B. BAKER, his wife, ("Seller"), of 2320 Owe_n~
Baker Road, Delray Beach, FL 33445, (Phone: 561-278-7635), and the CITY OF
DELRAY BEACH, a Florida municipal corporation, ("Buyer"), of 100 N.W. 1K Avenue,
Delray Beach, FL 33444 {Phone: 561-243-7000), hereby agree that the Seller shall
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 (#Standard(s)') on the reverse
side hereof or attached hereto and riders and any addenda to this Contract for
Sale and Purchase {"Contract').
DESCRIPTION,
(a)Legal description of the Real Property located in Palm Beach County,
Florida:
The East 109 feet of the West 177 feet of the South 1S0 feet of that part
of the North .~ of the Southwest ~ of the Northeast ~ of Section 18,
Township 46 South, Range 43 East, Palm Beach County, Florida, lying West
of E-4 Canal.
Property Control No.: 12-43-46-18-00-000-1490
(b)
Street address, city, zip, of the Property is: Vacant parcel located
at Owens Baker Road, Delray Beach, Florida 33445
IX.
PURCHASE PRICE t
PAYMENT:
(a)
$ 4~,~00~oo
Deposit(s) paid within three (3)
business days following the approval
of this Contract by the City Commission
pursuant to Section XI(B) below, to be
held in escrow by Robert W. Federspiel,
P.A. Trust Account in the amount of
$ 4,160.00
(b)
Balance to close (U.S. cash, LOCALLY DRAWN
certified or cashier's check), subject to
adjustments or proration
Total
37f440.00
41,600.00
III. TII(E FOR ACCEPTANCE; EFFECTI~;E 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.
IV. TITLE EVIDENCEs At least 30 days from the effective date, (CHECK ONLY
ONE): D Seller 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.
V. CLOSING DATEs Provided that Buyer has not cancelled this Contract, this
transaction shall be closed and the deed and other closing papers delivered
twenty-three (23) days following the completion of the inspections pursuant to
Article XI(A) of this Contract, unless modified by other provisions of Contract.
VI. I~STRICTIONS; ~%SEMENTS; LIMITATI0~S, 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~
feet in width as to the side lines, unless otherwise stated herein); taxes for
year of closing and subsequent years; assumed mortgages and purchase money
mortgages, if any (if add/tional items, see addendum); provided that there exists
at closing no violation of the foregoing.
VII. OCCUPANCY, Seller warrants 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 and the t~nant~(s) or occupants shall be disclosed pursuant
to Standard F. 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 HANDWRITTEN PROVISIONSI 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 []may not assign this Contract.
DISCLOSURES:
(a) Radon 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
(b)
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 Anthony E. Baker Date
Social Security
or Tax ID No.
Laurel B. Baker
Social Security
or Tax ID No.
Date
Deposit(s) under Paragraph II (a) received; IF OTHER THANCASH, THEN SUBJ~CTTO
CLEARANCE: ROBERT W. FEDERSPIEL, P.A
By:
BROKER'S FEE: The broker named below> including listing and cooperating brokers,
are the only brokers entitled to compensation in connection with this Contract:
Name:
Listing Broker
Cooperating Broker
ADDENDUM TO CONTRACT FOR SALE AND PURC~J%SE
SELLER:
ANTHONY E. BAKER and LAUREL B. BAKER, his wife
BUYER:
CITY OF DELRAY BEACH, a Florida municipal corporation
PROPERTY ADDRESS:
Vacant parcel located at Owens Baker Road, Delray Beach,
Florida 33445
XI. SPECIAL CLAUSES; ADDENDA (Continued):
A. The Buyer shall have thirty (30} days following the approval of this
contract by the City Commission as set forth in Paragraph (B) below withinwhich
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 business (15) days from the date the Seller signs this Contract, and th{s
Contract shall expressly not be deemed an "offer" by the Buyer for any purpose
unless and until the said City Co~ission shall have approved and accepted said
Contract in open session. If this Contract is not approved by the City
Commission of the City of Delray Beach within fifteen business (15) days fro~ the
date the Seller signs this Contract, then this Contract will be null and voida~
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 a~rees to be responsible for the same
and to indemnify, save, and hold the Buyer harmless for such taxes.
BUYER'S INITIALS: SELLERS' INITIALS:
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. E~&DENC~ OF TITLE: (1)An abstract of title prepared or brought current by a reputable and existing abstract Sim (if not
tx/stinG then certified es correct by an existing firm) purporting to be an accurate ~eis of the /~stx-~nu~_nts affect/nS title to
Real Property recorded in the public records of the county wherein Real Property ia located, ~hrough Bffecttve Date. It shall
comence with the earliest public records, or such later date as may be cust~aury in the county. Open closir~ of this C~tracto the
abstract shall become the property of Buyer, subject to the right of retentio~ thereof by first mortgagee until fully paid. (2) _A
title insurance co~tment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to
Buyer, an owner.e policy of title insurance in the amount of the purchase price, insuring Buyer's title to Real Property, subject
o~ly to liens, encumbrances, exceptio~ or qu~ltftcatien provided in this __r/~_~_ract dmd tbo~ u~ich shall be dischaz~ed by ~eller at
or before closin9. Seller shall tomy · marketable title sub~ect only to liens, encumbm, excep~L0n8 or qualitlcatic~s set forth
in Cuetract. Marketable title shall be determined according to applicable ?ills SP-~t~ls odop~ed by authority of The Florida Bar
--,d in accord~__-ee_ with law. Buyer shall have 30 days, if abatz~.-t, or S ~ays, if title comattment, from date of zeceivin~ evidence of
title to examine it. If title is found defective, Buyer shall, within J dey~ thereafter, ~otify ~eller in ~zitin~ specifying
defortis). If the defect(s) Fender title unmarketable, Seller will h~e 30 days £rcm rocelpt of notice to z~ove ~h~ dafectis),
f~tl/~g ~hich Buyer shall, within £1ve (SI deys ester expiration of the th/try (30) day p~r/odo deliver ~trten notice to Seller
eitber. Ill exteedin~ the time for · reeeen~le per/ed not to exceed i20 d~ye v/rh~- u~Lch Seller t_h~]l use d/ligent effort to t-em~ve
the defects~ or (2)requestin9 a ~efund of deposit(s) paid ~d~ch ah~ll lumedt~tely be returned Co Bu~ez. Zf B~v~ex hils to so notify
Seller, Buyer shall be dee~ed to have accepted the title as it then is. bller shall, 1£ title is £ound unmrketable, use diligent
effort to correct defect (si in title wtth/n the flue provided therefor. It Seller it t---bls to timl¥ correct the defects, Buyer
8hall tither ~ive the defects, or receive · refuel of deposit(s), thereby reloeeing B~y~r and Seller ira= ell further
under ~LtS ~ontrect.
B. ~8 ~uyer, et Buysros ~snse, within ti~e ello~d to deliver evld~m~ of title, my beys ~1 l~x~4~z~¥ survel~l
certified by I registered Florida mirvel~r. If the surv~ discloses ~nct~cl~m~as en ~h~ ~ l~-operty or that l~prov~nti luted
th~z~o~ encroach on setback lines, nae__~__~___nta, l-~d- of others, or violate ~n¥ rmstrictiu, r~tr&ct covenants or applicable
~m~entel re~jul&tion, the ~e shll c~stitute · title defect.
intended use es described in Para~ravh VZ. hereof, title to vhich is in accordance with Standard A.
D. L13maz Seller shall furnish to Buyer at time of closin9 an e££idevit attesting to the a~ence, unless other~ise p~wided for
herein, of any £inancin~ statements, claims of lien or potential lienoz~ known to ~ellor and further ·tteetin~ that there have been
mo is4~rove~ents or repairs to Property for 90 deys !~&tely pr~'edl~J date of closing. If l~0perty bee been i~pzoved, or repaired
within tbet time, Seller shall deliver releases or ~atvers of s~-ch~nics* liu executed b~ ell ~eneral c~trectors, subcontractors,
suppliers, ~nd materialman in edditlen to Reller's lien affidavit settin~ forth th~ ns of ~11 rich g~neral contractors,
~d~trsctors, suppliers ~nd naterial~n ~nd ~cber tffiz~ing that all az~es for ~Ss or repairs ~hich could sam as a
~is for a mechanic.e lien or a claim for da~ges bay's been~paid or will be paid It closing of this ~mtr&ct.
B. PLAe~ OF CLOSINg. Closing shall be held in the county where ~eel Property is located, ·t the office of the attorney of the
Buyer.
F. T33~ In co~puting time periods of less than six (t) days, Saturdays, ~undays ~md state or national legal holidays shall ha
excluded. Any time periods provided for herein ~nich shall end on hturday, Sunday or lngal holiday shall extend to $~00 p.u. of the
next business day. Tl~e is o£ the essence in th~s C~utract.
G. DOC~HEHTS FOR CLOSING.- Buyer shall furnish deed, owner's poesessien affidavit, corrective instruments, and closin~ state~ent.
R. BXPENSES~ Recording o[ corrective instruments shall be paid by Seller; recording of deed shall be paid by Buyer. Unless
o~herwiee provided by law or rider to this Contract, charges for the following related title services, namely title or abstract
clm~je, title examination, and settlement ~nd clo~lng fee, shall be paid by the party re6~lble £or furnishing the title evidence
in accordance with Paragraph
~. SPECL~ ASSESSH~NT LI~TS.- Certified, confirmed and ratified special assessment liens as of date sE clo~ln~ (not as of Effective
Date) are to be paid by Seller. Pending leers as of da~e of closin~ shall be assumed by Buyer. If the improvement has been
substantially completed as of Effective Date, any pending lien shall be considered as certified, confirmed or ratified and Seller
~all, at closing, be chaz~2ed an amount equal to the last estimate of assessment for the lmprov~nt by the public body.
J. RXSK OF LOSS~ If the Property is damaged by fire or other casualty before closing ~nd co~t of restoration does not exceed
the ansesaed valuation of the Property so damaged, cost of restoration shall be an obligatien of the Seller and closir~ shall proceed
pursuant to the terms of Contract with restoration costs escrowed at closing, If the cost of restoration exceeds 3% of the assessed
valuation of the improvements so damaged, Buyer shall have the option of either taking Property es is, tc~jether wi~h either the 1% or
any insurance proceeds payable by virtue of such loss or damage, or of canceling ~ontract and receiving return of deposit (si.
E''" ~ O~ ~%I~ CLOSe9 PROCeDURe: ~he deed shall ~ xecord~ u~n cleax~ce of f~ds. ~ ~ ~stract o~ title ~s ~en
f~, evidence o~ title s~ll ~ c~ti~ at ~r's ~e to s~ title in ~yer, ~it~t ~y en~r~es or c~e ~ich
a~o~y or o~her ~t~ll~ accept~le e~c~ agen~ Esr a ~r[~ of not ~re 2~ 5 ~ a[~er clos~ ~te. If Seller's
Seller s~ll ~ve ~0 ~ys f~ ~e of receipt of su~ ~ifica~i~ ~o ~re the ~E~. If ~ller fails ~o tally ~ ~ ~fec~,
~ ~e~ de~t ~pt as my b evail~le ~o ~r ~ vt~ue of ~ies ~al~ ~ ~ d~d or bill o[ sale.
~t~, ~t my, at ~t'o ~ti~, ~ti~e to ~ld ~ 8~ rotter oE t~ esc~ ~til the ~ie8 ~to ~e ~ its
M. ~ ~ ~z XE ~r fails to ~rio~ this ~tract ~thin ~e tim I~cifi~ (l~l~ ~t
~it(s)), the ~sit(s) ~id ~ ~r ~ de~ait(8) ag~ to ~ ~id, my b ~ered ~ re~a~ ~ or f~ ~ ~t
~ ~o~ ~ller's rights ~er _this ~ntract. If, Esr ~y ~ason o~er t~ faille of Seller to ~e Seller's title
alter ~lig~t eifo~, seller fails, n~lects or ~E~es to ~o~ ~s ~trac~, the ~r ~y ~ ~itic ~o~ or
· o ~t~ ~ zet~ o[ ~;'s de~sit(s) ~t~t thez~ ~iv~ ~y action for ~ges resulting [~ Seller'~ b~a~.
~. ~s ~ra~ ~11 bl~ ~ i~re Co ~he ~efi~ of ~ ~ies ~ their ~ccessors In interest. ~ever ~e
eff~lve is if giv~ ~ or to t~t ~y.
· ~ ~Lse acc~t~ ~ Bu~r. Parsul P~y shll, a~ r~est of ~r, ~ ~r~ferred by an ~solute bill o[ sale wL~h
~ty o~ ~le, ~je~ ~ly to such mt~ers as my ~ o~he~se p~d~ for ~re~n.
Q. ~ ~~ No prior or presen~ agremn~s or representa~i~s s~ll ~ b[~ ~ Buyer or ~ller ~less L~i~ ~n
· . ~-~ Seller d~ln~s ~ht ~ere are ~ fac~s ~ ~o Seller m~erially aE[ecti~ the value o[ ~ P~y ~ch ire
~ ~idily ~se~le ~ Buyer o~ ~Lch bye ~t ~en disclosed ~o ~yer.
CONTI~CT FOR S~,E ~ PURCI~,SE
PARTIES~ EUGENE B. BAKER andBARBARAM. BAKER, hlswife,("Seller"), of 2464 Owens
Baker Road, Delray Beach, FL 33445, (Phone: 561-276-0807), and the CITY OF
DELP. AY BEACH, a Flor~clam~nicipal corporation,("Buyer"), of 100 N.W. 1'~ Avenue,
Delray Beach, FL 33444 (Phone: 561-243-7000), hereby agree that the Seller shall
sell and Buyer shall buy the following described Real Property and Personal
Property (collectively 'Property") upon the following terms and conditions, wh/ch
INCLUDE the Standards for Real Estate Transactions ('Standard(s)") on ~he reverse
side hereof or attached hereto and riders and any addenda to this Contract for
Sale and Purchase ('Contract").
DESCRIPTION:
(a}Legal description of the Real Property located in Palm Beach County,
Florida:
The West 100 feet of the South 145 feet of the East 132 feet of the North
1/2 of the Northeast M of the Southeast M of the Northwest M of Section
18, Township ~6 South, Range 43 East, Palm Beach County, Florida.
Property Control No.: 12-43-46-18-00-000-3120
II.
(b)
Street address, city, zip, of the Property is: 246~ Owens Baker
Road, Delray Beach, Florida 33445
PURCHASE PRICE:
$ 143.000.00
PAYMENT:
(a)
Deposit(s) paid within three (3)
business days following the approval
of this Contract by the City Co~m/ssion
pursuant to Section XI(B) below, to be
held in escrow by Robert W. Federspiel,
P.A. Trust Account in the amount of
$ 14,300.00
(b)
Balance to close (U.S. cash, LOCALLY DRAWN
certified or cashier's check), subject to
adjustments or proration
Total
$128~700.00
$143,000.00
III. 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.
IV. TITLE EVIDENCEz At least 30 days from the effective date, (CHECK ONLY
ONE): []Seller shall, at Seller's expense, deliver to Buyer or Buyer's attorney;
OR ·Buyer shall at Buyer's expense obtain (CHECK ONLY ONE): Oabstract 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.
V. CLOSING DATE= Provided that Buyer has not cancelled this Contract, this
transaction shall be closed and the deed and other closing papers delivered
twenty-one (21) days following the completion of the inspections provided for in
Article XI(A) of this Contract, unless modifiedhyother 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~
feet in width as to the side lines, unless otherwise stated herein}; taxes for
year 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. OCCUPANCY= Seller warrants 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 and the tenant(s) or occupants shall be disclosed pursuant
to Standard F. 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 HANDWItITTEN 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[~may not assign this Contract.
Xo
DISCLOSURES:
(a) Radon 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.
(b}
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 Eugene B. Baker Date
Social Security
or Tax ID No.
Barbara M. Baker
Social Security
or Tax ID No.
Date
Deposit(s) under Paragraph II (a) received; IF OTHERTHANCASH, THEN SUBJ~CTTO
CLEARANCE: ROBERT W. FEDERSPIEL, P.A
By:
BROKER'S FEE: The broker named below, including listing and cooperating brokers,
are the only brokers entitled to compensation in connection with this Contract:
Name:
Listing Broker Cooperating Broker
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
SELLER:
EUGENE B. BAKER and BARBARA M. BAKER, his wife
BUYER:
CITY OF DELRAY BEACH, a Florida municipal corporation
PROPERTY ADDRESS:
2464 Owens Baker Road, Delray Beach, Florida 33445
XI. SPECIAL CLAUSBSf ADDEI~A (Continued):
A. The Buyer shall have thirty (30) days following the approval of t. his
contract by the City Cc~ttssion as set forth in Paragraph (B) below withinwhich
to conduct any and all feasibility studies and determinations relative to the
suitability for the acquisition of the subject propert3fbytheBuyer sndthe Buyer
reserves the express right to terminate Chis 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 montes paid hereunder. Buyer shall be
ffranted re&sonable access to the premises to conduct such feasibility stud/es and
determinations, including enviroumental assays, core drilling, surveys, soil
sampling and other such tea=lng.
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 business (15) days fr-~ the date the Seller signs this Contract, m~d ~hts
Contract shall expressly not be deemed an 'offer' by the Buyer for any purpose
unless and until the said City Commission shall have approved and accepted said
Contract in open session. If this Contract is not approved by" the City
Coemissionof the City of DelrayBeachwithinfifteenbusiness (15) days from the
date the Seller signs this Contract, then ~h!s Contract will be null and voidand
of no further force or effect.
C. Th/s purchase is in lieu ~f eminent doemin. The par~ies believe t. hat
this transaction is exempt from documentary stamp tax pursuant to Fla. idm/n.
Code Ann. r. 12B-4.013, however tn 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 th~ Buyer harmless for such taxes.
D. Property ~xcluded: The following appliances, improvements, and
fixtures located in or on the subject property are hereby excluded from the sale
and will be removed when Seller vacates the premises:
(List):
E. post-Clos£ng 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 right 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 pro~ides for the Seller's right to continue to occupy the prendses
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 ~he $chool Board
of Palm Beach County.
lie you wish to elect this post-closingl
occupancy option, please initial here
F. Relocation Bane~it= The Buyer hereby acknowledges that ~f the
subject property ks occupied as of the date of closing, the occupant will receive
a relocation benefit An the amount of Five Thousand Five Hundred Dollars
($$,500.00), to be paid by the Buyer to the occupant upon the occupant vacating
the subject property.
BUYER'S INITIALS=
S~LLERS' INITIALS.'
-' '~ ~' ~ " STANDARDS FOR REAL ESTATE TRANSACTIONS
&. BV3~E~C~ O, TTTLZ: Il)An ~bstract of title prepared or brought current by a r~t~le ~ e~sti~ ~stract fi~ (if not
~sci~ Chen ce~lf~ as ~ ~ ~ ~sC~ fl~ ~~ Co ~ ~ a~aCe ~sis of ~e i~t~n=s affecCi~ Ct=le Co
~itle i~ri~e ~.~mn= issued by a Flori~ 1/ce~ed title i~r ~ree~ ~ issue ~o ~yer, ~ ~i~ of ~ de~ ~o
~, ~ ~er's ~licy of ~i~le i~r~e in =he ~= of the ~se ~ice, i~uri~ ~yer's ti=lc ~o Real P~y,
~l~ ~ ~r ~ll, ~k*, ~i~ (Si ~ t~ttr ~tn~i~ o[ ~ ~y (301 ~y ~rl~, ~l~: ~itte ~ice to ~Xler
~, (l) K~ ~ tW for · ~le ~ ~ ~ ~ ~0 ~p ~k(~ ~ ~ller ~11 m ~1i~ e~
~, ~r ~1 ~ ~ ~o ~ ~p~ W t~tle u It ~. ~ ~, ~f title is f~m~le, m
D. ~, ~ll.r ~11 ~sh to ~r it tin of cluiN u effi~vit Ittut~ ~ ~ ~. ~es. ~bMn p~dd for
m ~ ~ ~n ~ ~y for 90 ~ i~tely ~ ~Ce o~ cl~. X~ ~y ~ ~ ~, or
him for I Kc'm lie or a claim foz ~gen ~ ~ ~id ~ ~ll ~ Sd at clos~ ol ~s ~tract.
~. ~ ~im ~rL~ p~ for b~in ~ ~11 ~ m h~y, ~y or l~ll ~li~y ~1 K~ ~ S:O0
~ ~ss ~y. T~ As of ~ ~s~e ~ ~s
I. ~ le~i~ ol ~lw i~c~nt8 8~11 ~ ~ ~ ~ller; ~tN ol ~ 8~11 ~ ~id ~ ~r. ~less
~se p~i~ ~ hw or rider to this ~tract, c~en for ~ foll~ ulat~ title ee~i~s, Mmly title or
bce} a~ to ~ ~id ~ ~ller. ~i~ 11~ il of Itl of clos~ 8~ll b &s~d by ~r. If the i~t hs ~en
~mthlly ~let~ as of Eff~iu m~e, ny ~ lie ~11 b ~i~ as cenilt~, ~ii~ or ratifi~ ~ ~ller
~11, a~ cl~i~, ~ ~ ~ ~ ~al to ~he lao~ estim~e of ~m~ for ~e 1~~ ~ ~e ~lic
~t to the te~ of ~tract ~ restoratl~ ~e ~ at cl~. If ~ ~t of ~storati~ ~ 3% of t~
~ S~e p~ ~y~le ~ ~ue o~ ~h loss ~ ~ge, or of ~1~ ~CracC ~ ~ceivi~ ~Cu~ of ~sit(s).
"~(; ~ OF SALI~ CLOSXI~I PRO(:~3~ The deed shall be recorded upon cle&r&uce of funds. If ·n abstract o~ title has been
[lumished0 evidence of title shall be continued at Bu~er*s expense to show title in Buyer, without any encumbrances or cha,~
vould render Seller,s title unmarketable from t~e date of the lest evidence. All closing proceeds shall be held in escrow by $eller.s
attorney or otber mutually ·cc·pt&b1· escrow agent for a period of not more t~Mn S days after closing date. I~ Sell·rte title
rendered unnurketeble, thro~h no fault o~ Buyer, Buyer shall, within the S day period, notify Seller in stating o~ r~e defect and
Seller slmll have 30 days from date of receipt of such notification to cure the de~ect. If Seller fails to timely cure ~he defect,
mil deposit (se shall, ~ vFitten ,,~-~,-.~d by Buyer and within S days after dom·nd, be z~mrned ~o Buyer and eiuualr~usly vi~h such
repiyu~nt, kyer ihall retUL~ PersonAlty luld vacate hi Property and reconvey the G~op~x;c¥ to Seller bM special varrant¥ deed and
bill or sale. 1£ Buyer hale ¢o auJ~ tamely cbmLod £or r~fund, Buyer ~all take title ·s is° salving all rights against Seller
any iu~ervening dafoc~ excep~ sa my be milable to Buyer by virtue o£ v~rrintiee ~ntained in t. he deed or bill of sale. If a
portioa o~ ~he purc~uee price te to be derived ~rom Lasxitutiamul financing or re~Laencing, requirements of the lending Lastit3micu
aa to place, time of day and pz~emdurel for closing, and for diabureemu~ of nortgage proceeds ah·il q~f~rol over e~x~rery p~xr~ision
distmreemon~ of mortgage proceeds ·e · ~enult o~ any title defect attributable to Built·arts·gar. TiM e~G~ and tls·lag procedure
roquired by ~As 8~andard wy be valved if title agent insures adverse mt·ere pursuant to Bec~ioa S27.~841, ff.S., as ··ended.
L. BIC:~W~ Any ·stray agen~ (.Agent.) receiving funds or oquivalent La eu~_h~__~Lzed and egre~ by ·corpc~nca o~ tbon to claps·it them
pmq~ly, bold omue ~n astray ~nd, subJec~ to c~eezo~ce, disl~me thou Ln accordon~ vich toZlm and ~~ of O0ntrert. failure
of ~elr&nce of f.~. shill no~ excuse Buyer,s performnee. If ~n dou~ as to Agent's duties or liablli~Len under the provLLtens o~
O0ur~r., Ag~ may, et Agent,e c~cLoG, cQ~tin-e to hold the sub:Je~ a~t~er of the astray un, Al ~be parties berets agree to itl
dLIhaJeasn~, o~ uae. L1 · ~udgutnt of · cour~ o! c~ea~ ~urisdAc~i~-~ shall de·ends· the rights of the parties or Agea~ my 6ep0eit
vAth ·be clerk or the circuit court baying ~uriediction of the dispute. Upon notifY'lag all parties ore~rned of such action, ell
ILchllity ua ~be part of Agent shall ~ull¥ teruLtnate, except to tim e~an~ of ·cccunt~Lng for any items l~vicusly delivered out of
cscrov. If · licensed mi errata bro~e, r, Agent vail co·ply vath provisions o£ Chapter 47S, F.S., as aen~Sod. Any suit be·wen Burr
and leller ~dlere Agen~ La amd· · pax~y because of acting os Agent hereunder, or in any suit vherein Agent lnterpl~_~d- the sublec~
matter of ch~ esu~, A~nt shall reco~ L~ammable attorneys' fees and coe~s lnc~Tred vith thee· esmou-.ts to be paid fr~ and ou~ of
·be ··crowd funds or equivalent and charged and Mrded am cou~t coats in favor o£ ~ prevailing party. The Agent shall no~ be
IA·bi· to any party or pares· for mAo6elivary to Buyer or Seller of it~ms 8ub~ec~ to tbie e~rov, unless such mimblivary La due to
vAllful breech of O0atrec~ or grass negligence of Agent.
Bf. ATTORI~Y /Z~f COLTS, Xn any Ii·lea·Acm, including breach, enforcement or lnterpre~ation, arieL~g out o£ ~his C0~rec~, ~be
agency or nonagenc~ relationships au~borized by Cl~ap~er 475, S.S., as mu·nd·d, shall be entitled to reoo~ from r. be naa-prevailing
I~rty mmonlble attorney,s fens, co, ti, end expenses. ,
~. lq~L~Z Of I~tYOJOGU~E, It Buyer ii/Is to parfom this Contrac~ vAth!- ~ time q~ci£ind (including paymnt o£
d41Josit(IJ), the ~polit(e) paid by B1Jyer i~d &~GGit!s) ·greed to be paid, my be z~overed ~nd re~tlaed by or for the ~unt of
Sellor as agreed upon liquidated damages, coasideratien for%~ha execution of this C~mtrac~ e~d in full asttlemant of any cXalus;
dm~a~c~, Buyer and Seller shall be relieysd of ·Il ~llGat~o~s under Co~rac~; or Geller, at Seller's up, eau, my pt,:·ed La e~ity
to enforce Seller'· rights under ~hie C~mtric~. If, for any reason o~her rJ~a~ failure of Seller to make Seller's title ~able
after diltgent effort, Seller £·ils, neglects or re£uees to perform this C~ntrac~, ~he Built may seek opsuific performance or elect
· o rot·lye ~he return of Buyer's deposit(e) re,haut thereby diving any ·c~io~ for dim·gee resulting ~ Seller'· breach.
O. 4XB~2~ACT MOT BB~RDABLE~ J~RSOJ~ B~HI)j BfOT~C~, Neither this C~ntr&¢t nor any notice of it shall be recorded in any public
records. Th1· Contrec~ shall band and ~_n~_~e to the benefit of ch· par·lee and ~beir suttee·ore in Inter·et. Mhenever the context
permit8, singular shall include plural and cna __~_~r shall include ~ll. ~otice given by or to ~ha attorney for any IMA~M shall be as
effec~lv~ es if given by or to ~bat party.
P. ~MVEYIGIC~, Seller shall cc~v~y title Co Real Prc~erty by *~XT&U~¥ da·d, oub~ec~ only to mat·ere ccx~lned in par·cAtch Vi. and
r~c~e o~harvtee accepted by Buyer. Peroc~al Property shall, et request or Buyer, be transferred by aa absolute bill of eel· vi~h
warranty of cA·la, sublec~ only to ~uch --tears ag sly be o~bervias provided £or herein.
Q. OTSEBR AGRE~4~mrrS, Ilo prAor or pre·ant agreements or representations shall be binding ~pon Bul~r or Seller unless included in
r. big ~nntrac~. Mo uodificAtio~ or ch&nee in this C~ntrec~ shall be valid or binding upon ~be par~tes ~nless An vriting and ex~cuted
by ~he party or parties An·ended to be bound by it.
i. M~RPJ~TXES, Seller ueFFonts tlmt there ere no ~&c~s knovu to Seller uaterLally affecting ~be value of r.b, Pr·petty vhich are
no~ readily observable by Buyer or qd, tch bev· s~oC 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 EUGENE B. BAKER and BARBA~ M. BAKER, his' wife,
hereinafter called "Tenant."
W I TNB S S E T H:
In consideration of the faithful performance of all covenants,
a~reements 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 2464 Owens Baker Road, Delray
Beach, Flor/da Said 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 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, ~elray Beach, FL 33444, as the person
authorized on /ts behalf to receive all notices and demands of Tenant.
THE TENANT FURTHER COVENANTS~A~S~ FOLLOWS:
1. Not to use or permit to be used the premises for any illegal,
i~noral or improper purposes.
2. Not to make or permit any noise, disturbance or ~nnoyance
whatsoever detrimental to the premises or to the comfort and peace of
neighboring residents.
3. The parties a~ree 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 and planings, lawn pest
control, building exterior, building interior, pool and equipment/pool
sservice, and that the obligation and cost of maintenance shall be berne
by the Tenant.
4. All charges for utilities services during the term of this
Lease, including but not limited 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 and injury to
themselves and others which may result from the occupancy of the subject
premises pursuant to this Lease and in consideration of such tenancy, the
Tenant a~rees to indemnify, save, and hold the Landlord b~rmless 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 uppossessionof the premises at the end of
the term in as 9ood 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.
?. Tenant a~rees that Landlord shall have the right, upon
reasonable notice, to inspect the premises and to show the premises to
prospective Tenan[s or 14Archasers.
8. Tenant agrees to pay the cost of repairin~ anyand all damage to
the premises occasioned by T~,ant 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 shail i~mediately 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 reasoma~le attorney's
fees which may be paid or incurred by Landlord or Landlord's agent
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 Dart thereof, or permit the premises or any part thereof to be used
or occupied by anyone other than Tenant or members of Ten_~nt'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 a~ainst 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 th/s Lease the
day and year first above written.
BY SI~NIN~THISRENTALAGT~EEMENTTHETENANTAGT. EESTHATUPONSURREEDEROR
ABANDONMENT, AS DEFINED BYTHE FLORIDA STATUTES, THE LANDLORDSHALLNOT
BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S
PERSONAL PROPERTY.
WITNESSES:
As to Landlord (2 required)
CITY OF DELRAY BEACH
By .'
David W. Schmidt, Mayor
As to Tenant (2 required)
MEMORANDUM
To:
From:
Subject:
Date'
City Commission
David T. Harden, City Manager
Proposed $7,000,000 Taxable Line of Credit
July 11, 2002
The F~nance Department has provided an analysis of bids received relative to a $7,000,000
Taxable Line of Credit agreement that shall be executed for the purpose of financing the cost of
land acquisition with respect to the Barwick Land Acquisition Project. The purpose of the Line of
Credit is to 1.) provide temporary taxable bank financing which is necessary due to the fact that
the C~ty will be selling to a private developer and 2.) reimburse General Fund reserves which has
been utihzed temporarily until the proposed Line of Credit is put into place. The Line of Credit will
be reimbursed, in part, by developer's proceeds The draw amount relative to the 10-15 acres
used for parks and recreation will be "taken out" w~th permanent financing the 2nd quarter of the
next fiscal year.
The Finance Department recommends Bank of America as the provider of a $7,000,000 Line of
Credit. Bank of Amedca bid a vadable rate of the 180-day Libor plus .59% (adjusted every 180-
days) for a three (3) year term. Libor (London Interbank Offered Rate) ~s a common rate index
used in the field of finance. Based on the current day Libor, the rate would be 2 54%. The
agreement will allow for pro-payment at any time without penalty. I concur with their
recommendation.
c: R.S. O'Connor, Treasurer
RESOLUTION NO. 63-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED
$7,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF REVENUE NOTES,
SERIES 2002 (TAXABLE) (THE "NOTES"), OF THE CITY OF DELRAY
BEACH, FLORIDA FOR THE PURPOSE OF FINANCING THE ACQUISITION
OF CERTAIN LANDS WITHIN THE CITY OF DELRAY BEACH, FLORIDA AND
ALL INCIDENTAL AND NECESSARY COSTS RELATING THERETO;
DETERMINING THE NEED FOR A NEGOTIATED SALE OF SUCH NOTES TO
BANK OF AMERICA, N.A. (THE "BANK"); PROVIDING FOR THE TERMS
AND PAYMENT OF SAID NOTES, AND THE RIGHTS, REMEDIES AND
SECURITY OF THE OWNERS THEREOF; MAKING CERTAIN COVENANTS
RELATING TO THE ISSUANCE OF SAID NOTES; APPROVING THE FORM
OF AND AUTHORIZING THE EXECUTION OF A LINE OF CREDIT
AGREEMENT WITH THE BANK; AUTHORIZING THE PROPER OFFICERS OF
THE CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR
ADVISABLE IN CONNECTION WITH THE ISSUANCE OF SAID BONDS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida (the "City
Commission"), hereby determines that it is in the best interest of the City of Delray Beach,
Flodda (the "City"), to finance the acquisition of certain lands within the City of Delray Beach,
Flodda; as further described on Exhibit C attached hereto and together with all incidental and
necessary costs relating thereto (the "2002 Project"); and
WHEREAS, on December 14, 1999, the City Commission did adopt Resolution
No. 76-99 (the "Bond Resolution") authorizing the issuance, from time to time, of revenue bonds
(the "Bonds") to finance capital projects in the City; and
WHEREAS, any capitalized term used in this Resolution and not otherwise defined, shall
have the meaning ascribed to such term in the Bond Resolution; and
WHEREAS, pursuant to the Bond Resolution each sedes of Bonds issued thereunder
shall be payable solely from the City's covenant contained in the Bond Resolution to budget and
appropriate in each Fiscal Year, by budget amendment if necessary, Non-Ad Valorem
Revenues and deposit the same in the Debt Service Fund created and established under the
Bond Resolution; and
WHEREAS, pursuant to the terms and provisions of the Bond Resolution and this
Resolution, the City shall issue a series of Bonds known as "City of Delray Beach, Flodda
Revenue Notes, Series 2002 (Taxable)" (herein, the "2002 Notes") to finance the costs of the
2002 Project, including the costs of issuing such 2002 Notes; and
WHEREAS, the principal amount of the 2002 Notes authorized under this Resolution
shall not exceed $7,000,000; and
WHEREAS, the 2002 Notes shall be secured by a pledge of and lien on the Pledged
Revenues; and
\\wpb-meOl\S^NFORD$\387109vOTX7 / 16/02\16787.010900
Resolution No. 63-02
qq
WHEREAS, City staff has previously solicited bids from qualified lending institutions to
provide a line of credit or term loan as the vehicle by which the 2002 Notes are to be issued and
the 2002 Project is to be financed; and
WHEREAS, City staff has determined and the City Commission hereby concurs that
Bank of Amedca, N.A., a national banking association organized under the laws of the United
States of America with its designated office in West Palm Beach, Florida (herein, the "Bank")
has provided the best overall bid to the City; and
WHEREAS, the City Commission hereby finds that in light of present market conditions,
the aforementioned bid provided by the Bank, the necessity for the funds in calendar year 2002,
and other factors described herein, it would be in the best interest of the City to sell the 2002
Notes to the Bank on a negotiated basis pursuant to the terms and provisions of the Bond
Resolution, this Resolution and that certain Line of Credit Agreement expected to be dated as of
August 1, 2002 (herein, the "Agreement") by and between the City and the Bank in substantially
the form attached hereto as Exhibit A.
NOW, THEREFORE, be it resolved by the City Commission of the City of Delray Beach,
Florida, as follows:
ARTICLE I
STATUTORY AUTHORITY; FINDINGS AND DEFINITIONS
SECTION 1.1 AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted
pursuant to the provisions of the Charter of the City of Delray Beach, Florida, as amended and
supplemented, the Flodda Constitution, Chapter 166, Florida Statutes, as amended and
supplemented, and other applicable provisions of law (collectively, the "Act") and the authority
provided for in the Bond Resolution.
SECTION 1.2. FINDINGS. It is hereby ascertained, determined and declared:
(a) That the City hereby authorizes that the 2002 Project be financed from all or a
part of the proceeds derived from the 2002 Notes issued pursuant to this Resolution, together
with all incidental and necessary costs and expenses associated therewith, as more fully set
forth in Section 1.2(d) hereof.
(b) That it is necessary and in the best economic interest of the City to acquire the
2002 Project in order to provide the lands necessary for redevelopment purposes, both
commercial and residential, and to provide for park and other recreation uses.
(c) That the 2002 Project will serve a valid municipal purpose.
(d) That the cost of the 2002 Project shall be deemed to include, but not be limited
to, the cost of acquiring all or a portion of the lands constituting the 2002 Project, the cost of all
other real or personal property necessary therefor; administrative expenses; survey, title, and
legal expenses; real estate commissions; the fees and expenses of Bond Counsel; the fees and
reasonable expenses of counsel for the Bank; expenses for estimates of costs; expenses for
plans, specifications, licenses and permits, if any; and such other expenses as may be
necessary or incidental to the financing of the 2002 Project and the issuance of the 2002 Notes
herein authorized.
\\wpb-srvOl\SANFORDS\387109v07~T/16/02\16787.010900 2 Resolution No. 63-02
(e) That the principal of and interest on the 2002 Notes shall be secured solely by
the Pledged Revenues provided that the Owner of the 2002 Notes shall have no lien on the
Non-Ad Valorem Revenues until deposited into the Debt Service Fund. The ad valorem taxing
power of the City will never be necessary or authorized to pay the principal of and interest on
the 2002 Notes, and the 2002 Notes issued pursuant to this Resolution shall not constitute a
lien upon any other property whatsoever of or in the City.
(f) That the City, having previously solicited bids for the sale of the 2002 Notes, has
determined that the best qualified bid for the 2002 Notes was delivered by the Bank
(g) That the negotiated sale of the 2002 Notes to the Bank is in the best interest of
the City by reason of the nature of and schedule for the acquisition of the lands comprising the
2002 Project and the subsequent sale of certain parcels thereof, the aforementioned solicitation
of bids and present market conditions.
(h) That the Agreement, in the form attached hereto as Exhibit A, is hereby
approved, with such omissions, insertions and variations as may be necessary and desirable,
as evidenced by the City's execution thereof and the Mayor (or in his absence, the Vice Mayor)
and City Clerk are hereby authorized to execute the same on behalf of the City.
(i) That pursuant to the provisions of the Bond Resolution and this Resolution, the
City may issue obligations secured by Pledged Revenues.
(j) That any capitalized term not otherwise defined herein, shall have the meaning
ascribed to such term in the Bond Resolution.
SECTION 1.3 DEFINITIONS. That, in addition to terms defined elsewhere in this
Resolution, the following terms shall have the following meanings unless the context otherwise
clearly requires:
"Bond Counsel" shall mean Greenberg Traudg, P.A. or any other firm of nationally
recognized bond counsel selected by the City and acceptable to the Bank.
"Bond Resolution" shall mean Resolution No. 76-99, adopted by the City Commission on
December 14, 1999, as amended and supplemented.
"City" shall mean the City of Delray Beach, Florida, a municipal corporation in the County
of Palm Beach, State of Florida, and its successors and assigns.
"City Commission" shall mean the duly constituted governing body of the City.
"Interest Rate" shall mean with respect to the 2002 Notes, a vadable rate of interest on
the 2002 Notes which, shall be equal to the sum of one hundred percent (100%) of 180-day
LIBOR, plus fifty-nine basis points (.59%). The Interest Rate shall be adjusted every 180 days
and shall be calculated on the basis of a 365/366 day year for actual days elapsed.
"LIBOR" shall mean the London Interbank Offered Rate offered by a specific group of
London banks for U.S. dollar deposits of a stated maturity. LIBOR will be that rate as shown on
the Telerate System, page 3750.
\\wpb-srvOl\$ANFORDS\387109v07~7116/02\16787.010900 3 Resolution No. 63-02
"Maturity Date" shall mean, with respect to the unpaid principal of and interest on the
2002 Notes, December 1,2005.
"2002 Notes" shall mean the not to exceed $7,000,000 aggregate principal amount of
Revenue Notes, Series 2002 (Taxable), authorized by the Bond Resolution and this Resolution.
"Owner," "Noteholder" or "Registered Holder" or any similar term shall mean the Bank or,
subject to the provisions of Section 2.4 hereof, any successor Registered Holder of the 2002
Notes; provided no Noteholder may be the registered owner of less than $1,000,000 in the
aggregate principal amount of the 2002 Notes.
"Paying Agent" shall mean the City's Finance Department or, if the City Commission
shall so determine by subsequent proceeding, any bank or trust company and any successor
bank or trust company appointed by the City to act as Paying Agent hereunder.
"Payment Date" shall mean, with respect to interest on the 2002 Notes, each June 1 and
December 1, commencing December 1, 2002 and with respect to scheduled principal on the
2002 Notes, the Maturity Date, and, prior to the Maturity Date, on any date the principal of the
2002 Notes is optionally or mandatorily prepaid in whole or in part, provided that if such date is
not a Business Day, the payment shall be made on the next succeeding Business Day.
"Pledged Revenues" shall mean (i) the Non-Ad Valorem Revenues deposited in the Debt
Service Fund created and established under the Bond Resolution, (ii) investment income
received from the investment of moneys in the Debt Service Fund and accounts established
thereunder, (iii) the Sale Proceeds and (iv) any other moneys deposited in the Debt Service
Fund or received by the Paying Agent in connection with the repayment of any 2002 Notes.
"Registrar" shall mean the City's Finance Department or, if the City Commission shall so
determine by subsequent proceeding, any bank or trust company and any successor bank or
trust company appointed by the City to act as Registrar hereunder.
"Resolution" shall mean this Resolution as the same may from time to time be amended
and supplemented in accordance with the terms hereof.
"Sale Proceeds" shall mean the net proceeds received by the City from the sale of a
portion of the lands comprising the 2002 Project.
Words importing singular number shall include the plural number and vice versa, as the
case may be, and words importing persons shall include firms and corporations
SECTION 1.4 THIS RESOLUTION AND BOND RESOLUTION CONSTITUTE
CONTRACT. In consideration of the acceptance of the 2002 Notes authorized to be issued
hereunder by those who shall own the same from time to time, this Resolution and the Bond
Resolution shall be deemed to be and shall constitute a contract between the City and the
Noteholder and the covenants and agreements herein and therein set forth to be performed by
said City shall be for the benefit, protection and security of the Noteholder.
\\wpb-miO1\SANFORD$\387109v07~7116102~16787.010900 4 Resolution No. 63-02
ARTICLE II
AUTHORIZATION, TERMS, EXECUTION AND REGISTRATION OF 2002 NOTES
SECTION 2.1 AUTHORIZATION OF 2002 NOTES. Subject and pursuant to the
provisions of this Resolution and the Bond Resolution, obligations of the City of Delray Beach,
Florida, to be known as "Revenue Notes, Series 2002 (Taxable)" are hereby authorized to be
issued in the aggregate principal amount of not exceeding Seven Million Dollars ($7,000,000)
for the purpose of financing the costs of the 2002 Project. Until repaid, the principal amount of
the 2002 Notes will be equal to the principal amounts drawn and received by the City under the
Agreement.
SECTION 2.2 DESCRIPTION OF 2002 NOTES. Notwithstanding the form of Bonds
set forth in the Bond Resolution, the text of the 2002 Notes shall be substantially in the form
attached hereto as Exhibit B with such omissions, insertions and variations as may be
necessary and desirable, as evidenced by the City's execution thereof.
The 2002 Notes (initially issued in one (1) typewritten certificate) shall be dated the date
of initial issuance. The 2002 Notes shall bear interest on the outstanding principal amount of
the 2002 Notes from time to time at the Interest Rate and shall be payable on each Payment
Date, commencing December 1, 2002. Unless all or a portion of the 2002 Notes is optionally or
mandatorily prepaid in accordance with the terms of this Resolution, the outstanding principal of
the 2002 Notes shall be payable on the Matudty Date. The 2002 Notes shall be issued in
registered form.
Principal and interest on the 2002 Notes shall be payable at the office of the Paying
Agent (the designated corporate trust office of the Paying Agent if the City's Finance
Department is not the Paying Agent). The 2002 Notes shall be numbered in such manner as
may be prescribed by the Registrar.
The 2002 Notes shall be payable, with respect to interest and principal, in any coin or
currency of the United States of America which at the time of payment is legal tender for the
payment of public and pdvate debts.
The City shall be obligated to prepay a portion of the 2002 Notes, without penalty or
premium, within thirty (30) days of receipt of any Sale Proceeds. The City may also prepay the
2002 Notes in whole or in part, at any time or from time to time, without penalty or premium, by
paying to the registered holder all or part of the principal amount of the 2002 Notes, together
with the unpaid interest accrued on the amount of principal so prepaid to the date of such
prepayment. Each prepayment shall be made on such date and in such principal amount as
shall be specified by the City in a written notice delivered to the registered owner not less than
two (2) Business Days prior thereto, provided that notice of prepayment of the 2002 Notes in full
shall be provided to the registered owner of the 2002 Notes at least ten (10) Business Days
pdor thereto. Notice having been given as aforesaid, the principal amount stated in such notice
or the whole thereof, as the case may be, shall become due and payable on the prepayment
date stated in such notice; and the amount of principal shall be paid (i) in case the entire unpaid
balance of the principal of the 2002 Notes is to be paid, upon presentation and surrender of the
2002 Note or 2002 Notes to the office of the Paying Agent (the designated corporate trust office,
if the Paying Agent is not the City's Finance Department), and (ii) in case only part of the unpaid
balance of principal of the 2002 Notes is to be paid, upon presentation of such 2002 Note or
2002 Notes at the office of the Paying Agent (the designated corporate trust office, if the Paying
\\wPb'SrvO1\SANFORDS\387109vO7~T/16/O2\]6787'O10etO0 5 Resolution No. 63-02
Agent is not the City's Finance Department) for notation thereon of the amount of principal then
paid or for issuance of a replacement 2002 Note in the principal amount not redeemed.
Notwithstanding the provisions of clause (ii) above, if all of the 2002 Notes are registered in the
name of the Bank, a partial prepayment may be effected by payment to the Bank of the
principal, together with unpaid interest accrued thereon, without surrender of the 2002 Notes. If,
on the prepayment date, funds for the payment of the principal amount to be prepaid, together
with unpaid interest accrued thereon, shall not have been provided to the Paying Agent, as
above provided, the principal amount of the 2002 Notes shall continue to be outstanding and to
bear interest until payment thereof at the Interest Rate.
SECTION 2.3 EXECUTION OF THE 2002 NOTES. The 2002 Notes shall be
executed in the name of the City by the signature of the Mayor or Vice Mayor of the City and its
official seal shall be affixed thereto or imprinted or reproduced thereon and attested by the City
Clerk. The signatures of the Mayor or Vice Mayor of the City and City Clerk on the 2002 Notes
may be manual or facsimile signatures. In case any one or more of the officers who shall have
signed or sealed the 2002 Notes shall cease to be such officer of the City before the 2002 Notes
so signed and sealed shall have been actually sold and delivered, such 2002 Notes may
nevertheless be sold and delivered as herein provided and may be issued as if the person who
signed or sealed such 2002 Notes had not ceased to hold such office. The 2002 Notes may be
signed and sealed on behalf of the City by such person who at the actual time of the execution
of the 2002 Notes shall hold the proper office, although at the date the 2002 Notes shall be
actually delivered such person may not have held such office or may not have been so
authorized.
The 2002 Notes shall bear thereon a Certificate of Authentication, in the form set forth
on Exhibit B attached hereto, executed manually by the Registrar (when the City's Finance
Department shall act as Registrar, the certificate of authentication shall be manually executed
by the City's Finance Director). Only the 2002 Notes as shall bear thereon such certificate of
authentication shall be entitled to any right or benefit under this Resolution and no 2002 Notes
shall be valid or obligatory for any purpose until such certificate of authentication shall have
been duly executed by the Registrar. The certificate of authentication of the Registrar upon the
2002 Notes executed on behalf of the City shall be conclusive evidence that the 2002 Notes so
authenticated have been duly authenticated and delivered under this Resolution and that the
Owner thereof is entitled to the benefits of this Resolution.
SECTION 2.4 NEGOTIABILITY~ REGISTRATION AND CANCELLATION. The
Registrar shall keep books for the registration of the 2002 Notes and for the registration of
transfers of the 2002 Notes. The 2002 Notes shall be transferable at the option of the
registered Owner thereof to an institutional holder, but subject to the prior written approval of the
City's Director of Finance (which shall not be unreasonably withheld if the intended transferee
provides a suitability letter addressed to the City as to the sophistication of the investor) unless
such institutional holder is a bank or trust company, or unless such institutional holder, which is
not a bank or trust company, certifies in writing to the City prior to the transfer that it is an
accredited investor within the meaning of Rule 501 of the Securities Act of 1933, as amended
and supplemented, in which case such approval shall not be required, and upon surrender
thereof at the office of the Registrar (the designated corporate trust office of the Registrar if the
City's Finance Department is not the Registrar) with a wdtten instrument of transfer satisfactory
to the Registrar duly executed by the registered Owner or his duly authorized attorney. Upon
the transfer of such 2002 Note, the City shall issue in the name of the transferee a new 2002
Note.
\\wpb-sI~O1\SANFORDS\387109vO7X7/16/02\16787.010900 6 Resolution No. 63-02
The City, the Paying Agent and the Registrar shall deem and treat the person in whose
name the 2002 Notes shall be registered upon the books kept by the Registrar as the absolute
Owner of such 2002 Notes, whether such 2002 Notes shall be overdue or not, for the purpose
of receiving payment of, or on account of, the principal of and interest on such 2002 Notes as
the same become due and for all other purposes. All such payments so made to any such
Owner or upon his/her order shall be valid and effectual to satisfy and discharge the liability
upon such 2002 Notes to the extent of the sum or sums so paid, and neither the City, the
Paying Agent nor the Registrar shall be affected by any notice to the contrary.
In all cases in which the privilege of transferring the 2002 Notes is exercised, the City
shall execute and the Registrar shall authenticate and deliver the 2002 Notes in accordance
with the provisions of this Resolution. The 2002 Notes surrendered in any such transfers shall
forthwith be delivered to the Registrar and canceled by the Registrar in the manner provided in
this Section. The City or the Registrar (if not the City's Finance Department) may require the
payment of a sum sufficient to pay any tax, fee or other governmental charges required to be
paid with respect to such transfer.
The 2002 Notes paid or redeemed, in whole, either at or before maturity, shall be
delivered to the Registrar when the payment or redemption is made, and such 2002 Notes shall
thereupon be promptly canceled The 2002 Notes so canceled may at any time be destroyed
by the Registrar, who shall execute a certificate of destruction in duplicate by the signature of
one of its authorized officers describing the 2002 Notes, and one executed certificate shall be
filed with the City and the other executed certificate shall be retained by the Registrar (if not the
City's Finance Department).
SECTION 2.5 MUTILATED, DESTROYED, STOLEN OR LOST 2002 NOTES. In
case any 2002 Note shall become mutilated, destroyed, stolen or lost, the City shall execute
and the Registrar shall authenticate and deliver a new 2002 Note of like date, maturity and
denomination as the 2002 Note so mutilated, destroyed, stolen or lost; provided that, in the case
of any mutilated 2002 Note, such mutilated 2002 Note shall first be surrendered to the City and,
in the case of any lost, stolen or destroyed 2002 Note, there shall first be furnished to the City
and the Registrar (if not the City's Finance Department) evidence of such loss, theft, or
destruction satisfactory to the City and the Registrar, together with indemnity satisfactory to
them. In the event the 2002 Notes shall be about to mature or have matured, instead of issuing
a duplicate 2002 Note, the City may pay the same without surrender thereof. The City and the
Registrar (if not the City's Finance Department) may charge the Owner of such 2002 Note their
reasonable fees and expenses in connection with this transaction. Any 2002 Notes surrendered
for replacement shall be canceled in the same manner as provided in Section 2.4 hereof.
Any such duplicate 2002 Note issued pursuant to this Section shall constitute additional
contractual obligations on the part of the City, whether or not the lost, stolen or destroyed 2002
Note be at any time found by anyone, and such duplicate 2002 Note shall be entitled to equal
proportionate benefits and rights as to lien on the source and security for payment from Pledged
Revenues with the 2002 Note issued hereunder.
SECTION 2.6 CONDITIONS FOR ISSUANCE OF THE 2002 Notes. Pdor to the
issuance of the 2002 Notes, the City shall comply with the following conditions:
(a) Deliver to the Bank an opinion of Bond Counsel, satisfactory to the Bank,
regarding the due authorization, execution, delivery, validity and enforceability of the 2002
\\wpb-srvOl\SANFOROS\387109vOTX7/16102\16787.010900 7 Resolution No. 63-02
Notes and the due adoption of this Resolution (enforceability of such instruments may be
subject to standard bankruptcy exceptions and the like); and
(b) Deliver to the Bank an opinion of the City Attomey, satisfactory to the Bank,
regarding the due authorization, execution, delivery, validity and enforceability of the 2002
Notes, the Agreement and the due adoption of this Resolution and the Bond Resolution
(enforceability may be subject to standard bankruptcy exceptions and the like); and
(c) Deliver to the Bank one or more certificates of the City in form satisfactory to the
Bank certifying, among other things, that the City is in compliance with the term of the Bond
Resolution.
Although the 2002 Notes delivered to the Bank will set forth the notional amount of
$7,000,000, the actual principal amount of the 2002 Notes will, in all cases, be equal to the
principal amount of moneys drawn and received under the Agreement and not otherwise
previously prepaid. To the extent that the City does not issue all of the $7,000,000 in principal
amount of the 2002 Notes at the time of the initial draw under the Agreement, the City shall
provide written notice to the Bank (signed by the City Manager, Finance Director or Treasurer of
the City) of the City's intention to draw additional amounts under the Agreement at least two (2)
Business Days prior to the date the City intends to receive the funds. Such notice shall confirm
that the City is in compliance with terms and provisions of this Resolution and the Bond
Resolution. Such additional amounts drawn under the Agreement shall constitute additional
principal amount of 2002 Notes without any further action required.
SECTION 2.7 INCORPORATION OF TERMS OF BOND RESOLUTION;
EXCEPTION Unless otherwise provided in this Resolution, the terms and provisions of the
Bond Resolution applicable to the 2002 Notes are incorporated herein by reference and such
terms shall have the same effect as if expressly stated herein. Notwithstanding the foregoing,
the Bank hereby agrees that it will not be necessary for the City to comply with Section 4.E of
Article III of the Bond Resolution each time a draw is made under the Agreement.
ARTICLE III
REPRESENTATIONS, COVENANTS, FUNDS AND APPLICATION THEREOF
SECTION 3.1 2002 NOTES NOT TO BE INDEBTEDNESS OF THE CITY. The
2002 Notes shall not be or constitute an indebtedness of the City within the meaning of any
constitutional, statutory or other limitation of indebtedness, but shall be secured solely by the
Pledged Revenues and payable from Non-Ad Valorem Revenues including the Pledged
Revenues. No Noteholder shall ever have the dght to compel the exercise of the ad valorem
taxing power of the City, or taxation in any form of any real property therein, to pay said 2002
Notes or the interest thereon. The pledge of the Pledged Revenues will not constitute a lien
upon any property of the City including any Non-Ad Valorem Revenues which have not been
deposited into the Debt Service Fund.
SECTION 3.2 2002 NOTES. The lien of the 2002 Notes on the Pledged Revenues
(other than the Sale Proceeds) shall be on parity with any of the Bonds issued pursuant to the
requirements of the Bond Resolution except as such requirements have been made not
applicable by the last sentence of Section 2.7 hereof.
SECTION 3.3 2002 NOTES SECURED BY PLEDGE OF PLEDGED REVENUES.
From and after the issuance of any of the 2002 Notes, and continuing until the payment of all
\\wpb-srvOl\SANFORDS\387109v07\T/16/02\16787.010900 8 Resolution No. 63-02
2002 Notes as to principal and interest, the Pledged Revenues shall continue to be pledged for
the prompt payment of principal of and interest on said 2002 Notes.
SECTION 3.4 COVENANTS OF THE CITY. As long as any of the principal of or
interest on any of the 2002 Notes shall be outstanding and unpaid, or until there shall have been
set apart in the Debt Service Fund in accordance with Section 4.H of Article III of the Bond
Resolution a sum sufficient to pay, when due, the entire principal of the 2002 Notes remaining
unpaid, together with interest accrued and to accrue thereon, the City covenants with the
Noteholders as follows:
(a) Debt Service Fund. The Debt Service Fund created and established under the
Bond Resolution shall constitute a trust fund for the benefit of the Bondholder and shall be held
by the City and shall be kept separate and distinct from all other funds of the City, and shall be
used only for the purpose and in the manner provided in this Resolution. Notwithstanding the
provisions of the next preceding sentence, the City may deposit the Pledged Revenues in a
single bank account for the City, provided that adequate accounting procedures are maintained
to reflect and control the restricted allocations of the funds on deposit therein for the various
purposes of such funds The designation and establishment of the Debt Service Fund in and by
the Bond Resolution shall not be construed to require the establishment of any completely
independent self-balancing fund, as such term is commonly defined and used in governmental
accounting, but rather is intended solely to constitute an allocation of certain revenues of the
City for certain purposes and to establish certain priorities for application of such revenues as
provided herein.
Any excess amounts (other than Sale Proceeds) remaining in the Debt Service Fund
after payment has been made on the 2002 Notes on any Payment Date, may be withdrawn and
deposited at the direction of the City to be used for any lawful municipal purpose.
Moneys on deposit in the Debt Service Fund may be invested in Permitted Investments
as authorized pursuant to the Bond Resolution, provided such investments mature not later than
the next succeeding Payment Date All income and earnings received from the investment and
reinvestment of the moneys on deposit in the Debt Service Fund shall remain on deposit in the
Debt Service Fund and be used in the same manner as other moneys on deposit therein.
(b) Non-Ad Valorem Revenues. The City will not repeal, amend or modify any
resolution or ordinance or take any action within its power to take relating to the imposition and
collection of Non-Ad Valorem Revenues in any manner so as to impair or adversely affect in any
manner the availability of such Non-Ad Valorem Revenues to pay debt service on the 2002
Notes as provided herein.
(c) Budget and Other Financial Information. The City shall demonstrate in each
annual budget that there are sufficient Non-Ad Valorem Revenues to pay the principal of and
interest on the 2002 Notes coming due in such Fiscal Year and to meet the City's other
obligations hereunder and under the Bond Resolution. The City shall, upon the request of the
Bank, provide the Bank with a copy of its annual budget within thirty (30) days of adoption, a
copy of its Comprehensive Annual Financial Report, when available and, upon the request of
the Bank, such other financial information regarding the City as the Bank may reasonably
request.
(d) The City shall comply with the terms of the Bond Resolution except as set forth in
Section 2.7 hereof.
\\wpb-srvO1\SANFORDS\387109vOTXTI16/02\167870109009 Resolution No. 63-02
SECTION 3.5 REMEDIES OF NOTEHOLDERS. Subject to the provisions of
Section 4 of the Agreement and the equal rights of any registered owner of Bonds issued
pursuant to the provisions of the Bond Resolution, should the City default in any obligation
created by this Resolution, the Noteholders may, in addition to any remedy set forth in this
Resolution, either at law or in equity, by suit, action, mandamus or other proceeding in any court
of competent jurisdiction, protect and enforce any and all rights under the laws of the State of
Florida, or granted and contained in this Resolution, and may enforce and compel the
performance of all duties required by this Resolution, or by any applicable statutes to be
performed by the City or by any officer thereof. The City hereby agrees with the Noteholders
that the filing of any bankruptcy or insolvency under any federal or state law by or against the
City which is not dismissed with prejudice within thirty (30) days of such filing shall give the
Noteholders the right to exercise any of the remedies provided to them under this Section 3.5,
and Section 4.G of Article III of the Bond Resolution. Notwithstanding anything in this Section
3.5 to the contrary the Noteholders' right to exercise any remedy permitted hereunder shall be
consistent with the rights afforded all registered owners of Bonds issued pursuant to the
provisions of the Bond Resolution.
SECTION 3.6 APPLICATION OF 2002 NOTES PROCEEDS. The proceeds of the
2002 Notes shall be used to finance the costs of the 2002 Project. The City may replace all or a
portion of the 2002 Project for any other capital projects permitted under the Act; provided that
Bond Counsel shall first deliver to the City and the Bank an opinion to the effect that such
substitution will not adversely affect the pledge of the Pledged Revenues or the validity of the
2002 Notes and the Bank consents to such substitution.
SECTION 3.7 REPRESENTATIONS. The City has and had, as the case may be,
full legal right, power, and authority to adopt this Resolution and the Bond Resolution and to
execute and deliver the Agreement, to issue, sell, and deliver the Notes to the Bank, and to
carry out and consummate all other transactions contemplated by such instruments, and the
City has complied with all provisions of applicable law in all material matters relating to such
transactions. The City, by this Resolution and the Bond Resolution, duly authorized the
borrowing of the amount provided for in the Agreement, the execution and delivery of the
Agreement, and the issuance and delivery of the Notes to the Bank provided for in this
Resolution, and to that end the City warrants that it will take all action and will do all things
which it is authorized by law to take and to do in order to fulfill all covenants on its part to be
performed and to provide for and to assure payment of the Notes. The City has duly adopted
this Resolution and the Bond Resolution and authorized the execution, delivery, and
performance of the Notes and the Agreement and the taking of any and all other such action as
may be required on the part of the City to carry out, give effect to and consummate the
transactions contemplated by such instruments. The Notes have been duly authorized,
executed, issued and delivered to the Bank and constitute a legal, valid and binding limited
obligation of the City enforceable in accordance with its terms and the terms of this Resolution
and the Bond Resolution, and is entitled to the benefits and security of this Resolution and the
Bond Resolution. All approvals, consents, and orders of and filings with any governmental
authority or agency which would constitute a condition precedent to the issuance of the Notes or
the execution and delivery of or the performance by the City of its obligations under such
aforementioned instruments have been obtained or made and any consents, approvals, and
orders to be received or filings so made are in full force and effect.
\\wpb-m/Ol\SANFORDS\387109v07XT/16/02%16787.0109001 0 Resolution No. 63-02
ARTICLE IV
MISCELLANEOUS PROVISIONS
SECTION 4.1 MODIFICATION OR AMENDMENT. No modification or amendment
of this Resolution or of any resolution amendatory thereof or supplemental thereto, may be
made without the consent in writing of all of the Noteholders.
SECTION 4.2 ADDITIONAL AUTHORIZATION. The Mayor, the Vice-Mayor, the
City Manager, the Finance Director, the Treasurer and any other proper official of the City, be
and each of them is hereby authorized and directed to execute and deliver any and all
documents and instruments and to do and cause to be done any and ail acts and things
necessary or proper for carrying out the transactions contemplated by this Resolution.
SECTION 4.3 SEVERABILITY OF INVALID PROVISIONS. If any one or more of
the covenants, agreements or provisions of this Resolution should be held contrary to any
express provision of law or contrary to the policy of express law, though not expressly
prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such
covenants, agreements or provisions shall be null and void and shall be deemed separate from
the remaining covenants, agreements or provisions, and shall in no way affect the validity of any
of the other provisions of this Resolution or of the 2002 Notes issued hereunder.
SECTION 4.4 REPEALER. All resolutions and orders, or parts thereof, in conflict
herewith are, to the extent of such conflict, hereby repealed, and this Resolution shall take effect
upon its passage in the manner provided by law. In the event of a conflict between the
provisions of this Resolution and the Bond Resolution, the provisions of this Resolution shall
control.
SECTION 4.5
upon its adoption.
EFFECTIVE DATE. This Resolution shall be effective immediately
PASSED AND ADOPTED IN regular session on this 16th day of July, 2002.
ATTEST:
By:
City Clerk
The foregoing resolution and the form of
2002 Note therein contained are hereby
approved by me as to form, language and
execution this 16th day of July, 2002.
THE CITY OF DELRAY BEACH, FLORIDA
By:.
Mayor
By:
City Affomey
\\wpb-srv0]\SANFORDS\387109vOTXT/16/02X16787.010900 I 1 Resolution No. 63-02
EXHIBIT A
LINE OF CREDIT AGREEMENT
Dated as of August 1, 2002
WHEREAS, Bank of America, N.A. (the "Bank"), has offered to make a closed-end line
of credit (the "Line of Credit') available to the City of Delray Beach, Florida (the "City"), in the
principal amount of not exceeding $7,000,000 under which the City may, from time to time,
make drawings; and
WHEREAS, the City of Commission of the City of Delray Beach, Flodda on December
14, 1999, adopted Resolution No. 76-99 and on July 16, 2002, adopted Resolution No. 63-02
(collectively, the "Resolutions") authorizing the issuance of not exceeding $7,000,000 in
aggregate principal amount of City of Delray Beach, Florida Revenue Notes, Series 2002
(Taxable) (the "2002 Notes") which 2002 Notes shall represent the City's obligation to reimburse
the Bank for drawings made under the Line of Credit; and
WHEREAS, the City and the Bank find it necessary to enter into this Line of Credit
Agreement (herein, the "Agreement"), to acknowledge the terms and provisions of the
Resolutions adopted by the City and the extension of the Line of Credit by the Bank.
NOW THEREFORE, the City and the Bank hereby agree as follows:
1. That the Bank shall make immediately available to the City, pursuant to the terms
and provisions of the Resolutions, the Line of Credit in an aggregate principal amount of not
exceeding $7,000,000, which shall be available to the City in one or more drawings prior to
August 1, 2003.
2. That the Line of Credit shall expire on December 1, 2005. The outstanding
principal amount of all drawings with interest thereon, shall become due and payable in
accordance with the terms and provisions of the Resolutions.
3. That the Bank hereby accepts the terms and conditions set forth in the
Resolutions applicable to the Line of Credit.
4. The City and the Bank, for mutual consideration, each acknowledged to be
received by the other party hereto, mutually and willingly waive the right to a trial by a jury in
connection with any and all claims by any party hereto against the other arising from or in
connection with the transactions contemplated by this ,Agreement or the Resolutions.
5. The Bank represents to the City that it is not purchasing the 2002 Notes with a
view to distributing the 2002 Notes; provided, however, that the Bank, in its sole discretion, shall
be permitted to assign or participate all or a portion of the 2002 Notes to any other financial
institution or accredited investor (subject to the requirements of Section 2.4 of Resolution No.
63-02).
6. The City agrees that the Bank may mention the transaction contemplated by this
Agreement and the Resolutions in advertising or other public information releases by the Bank.
\\wpb-srvO1\S ANFORDS\387109v07~7116102\16787.010900
A-1
Resolution No. 63-02
7. To the extent any provision of this Agreement, the 2002 Notes, or the Resolutions
conflict with any pdor understanding between the parties, or any term of the Request for
Proposal, the Official Bid Form or the Bank's response thereto, such prior understanding or term
shall be deemed to have been superseded by such provisions of this Agreement, the Notes or
the Resolutions, as the case may be.
8. This Agreement and the transactions contemplated herein, shall be construed
pursuant to and governed by the substantive laws of the State of Flodda.
9. To the extent legally permissible, the City and the Bank agree that in any suit,
action or proceeding brought in connection with this Agreement, the Notes or the Resolutions,
(including any appeal(s) or bankruptcy, arbitrations or mediations), the prevailing party shall be
entitled to recover reasonable costs and reasonable attorneys' fees from the other party.
10. TO THE EXTENT PERMITTED BY LAW, THE CITY AND THE BANK HEREBY
WAIVE TRIAL BY JURY IN ANY LITIGATION COMMENCED BY EITHER IN RESPECT
HEREOF OR OF THE NOTES OR THE RESOLUTIONS.
11. The Bank shall not be obligated to advance any funds unless (i) the City is in
compliance with the terms of the Resolutions and this Agreement and (ii) the City delivers to the
Bank a written request for such advance, executed by the City Manager, the Finance Director,
or Treasurer, indicating the amount of the advance requested, the date on which such advance
is to be made (which shall be not less than five (5) Business Days after the date such request is
received by the Bank) and stating that the representations and warranties of the City contained
in the Resolutions are true and correct as of such date.
BANK OF AMERICA, N.A.
By:.
Title:
Date: ,2002
(SEAL)
CITY OF DELRAY BEACH, FLORIDA
Attest
By:.
Title:
Dated: ,2002
City Clerk
\\wpb-srv01 \SANFORDS\387109v07N7/16/02\16787 010900
A-2
Resolution No. 63-02
No. R-
EXHIBIT B
FORM OF 2002 NOTE
UNITED STATES OF AMERICA
STATE OF FLORIDA
CITY OF DELRAY BEACH, FLORIDA
REVENUE NOTE, SERIES 2002 (TAXABLE)
Interest Rate Maturity Date Dated Date
Variable December 1, 2005 ,2002
REGISTERED OWNER: ............................ BANK OF AMERICA, N.A.- .............................
NOTIONAL PRINCIPAL AMOUNT: ......... SEVEN MILLION DOLLARS ($7,000,000.00)
KNOW ALL MEN BY THESE PRESENTS, that the City of Delray Beach (the "City") in
Palm Beach County, Florida, for value received, hereby promises to pay from the sources
herein mentioned, to the Registered Owner specified above or registered assigns on the
Maturity Date specified above or eadier upon mandatory or optional prepayment as provided
below, upon the presentation and surrender hereof at the City's Finance Department or (if so
determined by the City) the designated trust office of the bank or trust company appointed by
the City to act as paying agent (said City's Finance Department or such bank or trust company
and any bank or trust company becoming successor paying agent being herein called the
"Paying Agent"), the Principal Amount outstanding from time to time based on draws made by
the City and received from the Bank pursuant to the terms of the Agreement (as such terms are
defined in the hereinafter described Resolutions) and not previously prepaid with interest
thereon at the applicable interest rate calculated in the manner described below and in the
Resolutions calculated on the basis of a 365/366-day year of actual days elapsed, on each
Payment Date in the manner specified in the within described Resolutions to the registered
owner. The interest rate shall be equal to the sum of one hundred percent (100%) of 180-day
LIBOR, plus fifty-nine basis points (.59%). The notional principal amount reflects the maximum
principal amount of principal authorized to be issued under the Resolutions. The principal
amount and accrued interest thereon is payable in any coin or currency of the United States of
America, which, on the date of payment thereof, shall be legal tender for the payment of public
and private debts of the United States.
This Note is authorized to be issued in a principal amount of up to $7,000,000 under the
authority of and in full compliance with the Constitution and statutes of the State of Florida,
including, particularly, Chapter 166, Florida Statutes, as amended and supplemented, the
Charter of the City of Delray Beach, Florida, as amended and supplemented, and other
applicable provisions of law (the "Act"), and Resolution No. 76-99 duly adopted on
December 14, 1999 and Resolution No. 63-02 duly adopted on July 16, 2002 (collectively, the
"Resolutions"), as such Resolutions may be further amended and supplemented from time to
time, and is subject to all terms and conditions of said Resolutions. Any term used in this Note
and not otherwise defined, shall have the meaning ascribed to such term in the Resolutions.
\\w pb-srvO I\SANFO R DS\387109v07~7/16/02\16787.010900
B-1
Resolution No. 63-02
It is hereby certified and recited that all acts, conditions and things required to exist, to
happen, and to be performed, precedent to and in the issuance of this Note exist, have
happened and have been performed in regular and due form and time as required by the Laws
and Constitution of the State of Florida and the Charter of the City applicable thereto, and that
the issuance of this Note is in full compliance with all constitutional or statutory limitations or
provisions.
This Note shall not be valid or become obligatory for any purpose or be entitled to any
security or benefit under the Resolutions until the certificate of authentication hereon shall have
been signed by an authorized officer of the Registrar.
This Note shall bear interest at the Interest Rate, as such rate may be adjusted in
accordance with the terms of the Resolutions.
Interest shall be payable on December 1, 2002, and each June I and December 1
thereafter and principal on the Notes, unless prepaid, shall be payable on June 1, 2005 (the
final maturity date of this Note); provided that if such date is not a Business Day, the payment
shall be made on the next succeeding Business Day (each a "Payment Date"). The principal of
and interest on the Notes shall be secured solely by the Pledged Revenues (as such term is
defined in the Resolutions), and payable from the Non-Ad Valorem Revenues (as such term is
defined in the Resolutions) included as part of the Pledged Revenues, all in the manner
provided in the Resolutions.
Subject to the terms and provisions of the Section 2.2 of Resolution No. 63-02 of the City
(the "Note Resolution"), the City shall be obligated to prepay a portion of this Note, without
penalty or premium, with the Sale Proceeds (as defined in the Note Resolution). Unless the
Bank provides for an extension, the City shall be required to effect such mandatory prepayment
within thirty (30) Business Days of receipt of the Sale Proceeds. The City may also prepay this
Note in whole or in part, at any time or from time to time, without penalty or premium, by paying
to the registered holder all or part of the principal amount of this Note, together with the unpaid
interest accrued on the amount of principal so prepaid to the date of such prepayment. Each
prepayment shall be made on such date and in such principal amount as shall be specified by
the City in a written notice delivered to the registered owner not less than two (2) Business Days
prior thereto, provided that notice of prepayment of the Notes in full shall be provided to the
registered owner of the Notes at least ten (10) Business Days prior thereto. Notice having been
given as aforesaid, the principal amount stated in such notice or the whole thereof, as the case
may be, shall become due and payable on the prepayment date stated in such notice; and the
amount of principal shall be paid (i) in case the entire unpaid balance of the principal of this
Note is to be paid, upon presentation and surrender of such Note to the office of the Paying
Agent (the designated corporate trust office, if the Paying Agent is not the City's Finance
Department), and (ii) in case only part of the unpaid balance of principal of this Note is to be
paid, upon presentation of such Note at the office of the Paying Agent (the designated corporate
trust office, if the Paying Agent is not the City's Finance Department) for notation thereon of the
amount of principal then paid or for issuance of a replacement Note in the principal amount not
redeemed. Notwithstanding the provisions of clause (ii) above, if all of the Notes are registered
in the name of the Bank, a partial prepayment may be effected by payment to the Bank of the
principal, together with unpaid interest accrued thereon, without surrender of this Note. If, on
the prepayment date, funds for the payment of the principal amount to be prepaid, together with
unpaid interest accrued thereon, shall not have been provided to the Paying Agent, as above
provided, the principal amount of this Note shall continue to be outstanding and to bear interest
until payment thereof at the Interest Rate
\\wpb-srv01 \SANFORDS\387109v07~7/16/02\16787 010900
B-2
Resolution No. 63-02
This Note shall not be and shall not constitute an indebtedness of the City within the
meaning of any constitutional, statutory, charter or other limitations of indebtedness but shall be
secured solely by the Pledged Revenues and payable from the Non-Ad Valorem Revenues
which includes the Pledged Revenues. No Holder of this Note shall ever have the dght to
compel the exercise of ad valorem taxing power of the City, or taxation in any form of any real
property therein to pay the Note or the interest thereon. No holder shall have a lien on any Non-
Ad Valorem Revenues until deposited into the Debt Service Fund created and established
under the Note Resolution.
The terms and provisions of the Resolutions are incorporated in this Note as though
such terms and provisions have been set out in full herein.
IN WITNESS WHEREOF, the City of Delray Beach, Flodda, has caused this Note to be
signed by its Mayor, either manually or with his facsimile signature, and the seal of the City
Commission of the City of Delray Beach, Florida, to be affixed hereto or imprinted or reproduced
hereon, and attested by the Clerk of the City, either manually or with her facsimile signature,
and this Note to be dated the Dated Date set forth above.
(SEAL)
CITY OF DELRAY BEACH, FLORIDA
ATTEST: By:
By:
Clerk of the City of Delray Beach, Flodda
Mayor
\\wpb-:s~01\S ANFO R DS\387109v07~7/16102\16787.010900
B-3
Resolution No. 63-02
FORM OF CERTIFICATE OF AUTHENTICATION
Date of Authentication: August ,2002
This Note is the Note delivered pursuant to the within mentioned Resolution.
CITY OF DELRAY BEACH
Finance Department, as Registrar
By:.
Finance Director
\\wpb-srvO1\SANFORDS\387109v07~7/16/02\16787.010900
B-4
Resolution No. 63-02
ASSIGNMENT
FOR VALUE RECEIVED the undersigned sells, assigns and transfers unto
(please print or typewrite name, address and tax ident~ficabon number of assignee)
the within Note and all rights thereunder, and hereby irrevocably constitutes and appoints
, Attorney to transfer the within Note on the books kept for registration
thereof, with full power of substitution in the premises.
Dated:
Signature Guaranteed:
In the presence of:
NOTICE: The signature to this assignment must
correspond with the name as wdtten upon the face
of the within Note in every particular, without
alteration or enlargement, or any change whatever.
\\wpb-srv01 \SANFORDS\387109v07~7/16/02\16787.010900
8-5
Resolution No. 63-02
EXHIBIT C
2002 ProJect
(1) Land acquisition costs, including all real estate commission, recording fees, survey
costs, title costs and related items.
(2)
All related, necessary and incidental labor, contingency and costs of issuing 2002 Notes.
\\wpb-srvO1\SANFORD$\387]OgvOTX7/16/02\16787.010900 Resolution No. 63-02
MEMORANDUM
To:
From.
Thru:
Subject:
Date:
David T. Harden, City Manager
Rebecca S. O'Connor, Treasurer
Joseph M. ~ector of Finance
Proposed $7,000,000 Taxable Line of Credit
July 11, 2002
Background
On June 18, 2002, the City Finance Department received bids for the above referenced financing
(the "Line of Credit"). The $7,000,000 Line of Credit w~ll provide taxable financing to refund
General Fund reserves which were temporarily utilized to purchase approximately 54.5 acres
north of the L31 canal, west of Barwick Road, South of the L30 Canal and east of South M~litary
Trail. Taxable financing is necessary due to the fact that the City will be selling to a private
developer.
All but 10-15 acres of the land will in turn be re-sold to a developer for the construction of
commercial and middle income housing development. The developer's proceeds will repay the
Line of Credit, in part. The draws relative to the 10-15 acres will be "taken out" with permanent
financing subsequent to repayment by the developer.
Teml
We asked that the banks make their bids based on a 3-year term providing a taxable variable
rate. The term will match the $22,000,000 Line of Credit (tax exempt variable rate financing)
previously executed.
Security
The Line of Credit will be secured by a pledge to budget and appropriate on an annual basis from
non-ad valorem revenues the amount sufficient to pay debt service. The principal drawn under
the Line of credit will be secured by a first lien on the proceeds of the sale of property and the
proceeds of the "take out" bonds.
Prepayment Provisions/Gross-up Provisions
The City asked the banks to bid with and without a "pre-payment penalty". The "pre-payment
penalty" is a fee charged or a premium paid by the City in the event the City chooses to pre-pay
the note. The penalty described by the bidding banks is based upon a formula that basically
protects the banks from any loss due to a decrease in the interest rate at the time of pre-payment.
If the rates are higher at the time of pre-payment there would be no pre-payment penalty.
Bid Responses
The City received responses from Bank of America and First Union. (See Attachment A) We
asked for a rate with penalty Option (1) and without penalty (Option 2) on a taxable variable rate
basis
Both banks gave a response for Option 2 with variable rates based on a formula. First Union bid
a rate of 30-day LIBOR plus .0048% adjusted monthly with no penalty for early withdrawal Bank
of America bid 180-day LIBOR fixed and reset each 6 month period with no penalty for withdrawal
We applied each formula provided by the banks to their respective index to formulate the rate
history for the past year. In addition, we tied each formula to certain economic data to estimate
future rates. The formulas bid by Bank of America and First Union were applied to a forward
curve analysis prowded by bank economists. We used the projected rate information and
assumed payback of the Line of Credit on February 1, 2003 in order to compute the total interest
cost to the expected time of repayment from the developer then added the legal or out of pocket
expenses to determine the total cost to the C~ty. (See Attachment A). We ran the methodology
we used by the City's financial adwsors and they concurred.
The banks also placed additional conditions with respect to the financing. First Union placed an
additional pledge requiring debt service coverage of 1.5x. Bank of America placed no additional
conditions.
Recommendation
We recommend (Option 2) the variable rate financing option for a 3-year term with the "no pre-
payment penalty" language offered by Bank of America. This option offers the lowest bid offered
by the bidding banks. Even though First Umon has a lower initial rate, Bank of America provides
us with the lowest overall cost over the term based on our assumptions and with the least
conditions. It allows for pre-payment at any time without penalty.
We have attached a resolution provided by Steve Sanford of Greenberg Traurig, the City's Bond
Counsel, which authorizes the agreement with Bank of America.
' ~ ~ ATTACHMENT A
RESPONSES FbR iHt $22,000,000
CITY OF DELRAY BEACH FINANCING
VARIABLE RATE FIRST BANK OF AMERICA
3 YEAR TERM UNION
OPTION 1 WITH PENALTY n/a n/a
OPTION 2 WITHOUT PENALTY 30 LIBOR + 180 Day LIBOR +
.48%r 0.59%
CURRENT RATE 2.32% 2.54%
AVG RATE 1.84% 1.95%
RESTRICTIONS: Additional pledge: n/a
Debt service coverage
of 1.5x
CLOSING COST $2,500 $2,000
OPTION 1 VARIABLE RATE
TOTAL COST WITH PENALTY N/A N/A
LEGAL
TOTAL
OPTION 2 VARIABLE RATE
TOTAL COST WITHOUT PENALTY 111,903 87,418
LEGAL 9,500 9,000
TOTAL 121,403 96,418
Request to be placed on:
x Regular Agenda
When: .July 16, 2002
Agenda Item No.:
AGENDA REQUEST
Date: 3uly 11, 2002
Special Agenda
Workshop Agenda
Description of agenda item (who., what, where, how much):
.Approve Resolution No. 63-02 authorizing the issuance of r~v~n,,~ h~n~
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Approve Resolution No. 63-02
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding altgrnatives:
Account No. & D~scription:
Account Balance:
N/A
(if applicable)
City Manager Review:
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved/Disapproved