Agenda Workshop 01-15-02 CITY COMMISSION
CITY OF DELRAY BEACH, FLORIDA
SPECIAL/WORKSHOP - TUESDAY, JANUARY 15, 2002
6:00 P.M. FIRST FLOOR CONFERENCE ROOM
DELRAY BEAC~H~
1993
2001
The C~ty will furnish appropriate atmtliary aids and services where necessary to afford an individual
with a disabihty an equal opportumty to parucipate in and enjoy the benefits of a service, program or
activity conducted by the City. Contact Doug Randolph at 243-7127 (voice) or 243-7199 (TDD), 24
hours prior to the program or acnvlty in order for the City to reasonably accommodate your request.
Adaptive hstening devices are available for meetings in the Commission Chambers.
SPECIAL MEETING AGENDA
RESOLUTION NO. 1-02: Consider approval of Resolution No. 1-02 authorizing the City to
purchase property on the east side of Coral Trace Boulevard (formerly known as the Tare
property) and Contract for Sale and Purchase between the City and Continental Homes of
Florida, Inc., in the amount of $6,390,000, said property consists of approximately 19.653 acres
of land.
RESOLUTION NO. 9-02: Consider Resolution No. 9-02 in support of an apportionment
plan which will be m the best interest of the Palm Beach County residents.
WAIVER REQUEST/2na ANNUAL SOUTH FLORIDA RAINBOW TENNIS
CLASSIC: Consider a request to wmve the proposed $2,500 site fee for the 2"d Annual South
Florida Rainbow Tennis Classic to be held at the Tennis Center on February 15 through
February 17, 2002.
WORKSHOP AGENDA
1. Parks and Recreation Master Plan
2. Planning and Zoning Department - Beach Renourishment Project Presentation
3. Palm Beach County Day - Legislauve Issues for 2002
4. Commission Comments
Please be advised that if a person derides 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 verbanm
record includes the testimony and evidence upon which the appeal is based. The C~ty neither
promdes nor prepares such record.
CITY COMMISSION
CITY OF DELRAY BEACH~ FLORIDA
SPECIAL MEETING- TUESDAY~ JANUARY 15~ 2002
6:00 P.M. - FIRST FLOOR CONFERENCE ROOM
AGENDA ADDENDUM
THE SPECIAL MEETING AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM:
4. NOISE COMPATIBILITY ADVISORY COMMITTEE APPOINTMENT: Appoint
a
member to the Noise Compatibility Advisory Committee (NCAC) at the request of the Boca
Raton Airport Authority.
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.
Memo
To~
City Commission
David T. Harden, City Manager
01/11/02
Contract for Acquisition of Tate Property
Attached for your consideration is a contract for acquisition of the 'q'ate" property. This offer is only
good until January 20, 2001. If the City accepts the offer, we will have a 45-day due diligence period.
During that period, the City would conduct feasibility studies and has the dght to terminate the contract
'~for any reason or no reason."
Our appraiser has estimated that as of Apdl 18, 2002, the value of the property would be $6,089,000.
The middle of April would be the eadiest date we could get an order of taking if we acquired the
property by eminent domain. We assume that Continental Homes would continue with the
development of the property in the meantime, and our appraiser estimates they are spending $384,000
per month on development costs. Since an eminent domain proceeding would require us to pay both
our legal costs and theirs, the contract pdce of $6,390,000 seems to me to be reasonable.
The "'rate" property is the essential property for assembling a school site in this area. This contract will
stop further escalation in the cost of this property while the City and the School District complete
negotiation of an agreement for acquisition of an alternative site for Atlantic High School. At the same
time City staff will seek to negotiate contracts for acquisition of adjoining land to complete a site in this
location I recommend that the Commission approve Resolution 1-02.
· Page 1
[lTV OF DELRFIV BEII[H
CITY ITTORNEY'S OFFICE mw
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993
Wnter's Direct L~ne 561/243-7091
MEMORANDUM
DATE:
January 2, 2002
TO: City Commission
David Harden
FROM:
Susan A. Ruby, City Attorney
SUBJECT:
Resolution No. 1-02
Contract Between City and Continental Homes of FL, Inc.
"Tare Property"
The contract provides that the City will acquire approximately 19.653 acres of land
on the East side of Coral Trace Boulevard, formally known as the Tate property.
The contract provides for a deposit of $200,000.00 and the payment of
$6,190,000.00 at closing for a total price of $6,390,000.00. Closing is required to
occur forty-five (45) days after City Commission approval of the contract.
The contract is not contingent on closing on any other property.
Please place Resolution No.
Commission action.
SAR:ci
1-02 on the January
15, 2002 agenda for City
Attachment
CC:
Robert Federspiel, Esq.
Mr. Tony Palumbo
Mr. Paul Romanowski
RESOLUTION NO. 1-02
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE
CITY TO PURCHASE CERTAIN REAL PROPERTY MORE
PARTICULARLY AND LEGALLY DESCRIBED IN THE
CONTRACT FOR SALE AND PURCHASE, SAID
PROPERTY LOCATED GENERALLY ON THE EAST SIDE
OF CORAL TRACE BOULEVARD, CONSISTING OF
APPROXIMATELY 19.653 ACRES OF LAND, HEREBY
INCORPORATING THE TERMS OF AND ACCEPTING
THE CONTRACT AFFIXED HERETO BY AND BETWEEN
THE SELLER AND THE CITY OF DELRAY BEACH.
WHEREAS, the City of Delray Beach, Florida wishes to acquire certain property located
generally on the East Side of Coral Trace Boulevard consisting of 19.66 acres of land more or less
with the Property Control Number of 12-43-46-18-00-000-1250; and,
WHEREAS, the City desires to acquire land to facilitate the construction of a new high
school or in the alternative to acquire land for recreational and other municipal purposes; and
WHEREAS, pursuant to an interlocal agreement to be entered into between the City and
the School Board, the City intends to transfer all or part of the property acquired to the School
Board and may exchange land to be developed as a joint soccer complex, which may include other
lands and buildings; and
WHEREAS, Florida Statutes provides that the City's acquisition of the land for the
purposes herein described constitute a valid public purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer,
agrees to purchase from the Seller, Continental Homes of FL, Inc., land with the property control
number and as described in Exhibit "A".
Section 2.
A map showing the general vicinity of the property is set forth in Exhibit
Section 3. That the terms and conditions in the contracts for sale and purchase and
addendum thereto are attached as a composite Exhibit C, and hereby incorporated as if fully set
forth herein.
PASSED AND ADOPTED in regular session on this the ....
2002.
day of .............. ,
MAYOR
ATTEST:
City Clerk
2 Res. 1-02
PROPERTY DATA
Location
The property is situated along the east side of Coral Trace Boulevard,
approximately 1/4 mile north of Atlantic Avenue in Delray Beach, Florida.
Size, Shape, Access
The subject site is a trapezoid v,,:h the tax rolls indicating a total area of 20.18
acres. The survey states the subject contains 19.653 acres. The north boundary, is
1,212.05 feet with the east boundary 774.23 feet along the abandoned Davis Road.
The south boundary fronts along Lateral 33 Canal with 1,037.59 feet with the west
boundary that fronts along Coral Trace Boulevard containing 765.05 feet_ Survey
was prepared by Ralph D. Denuzzio & Associates, Inc. dated 11/13/97, job
#97029. The appraisers are assuming the survey is correct and have utilized this
total amount in arriving at a market value for the property.
The parcel has frontage along the east side of Coral Trace Boulevard. This divided
two-lane asphalt paved secondary street provides access from Atlantic Avenue on
the south to the Coral Trace development to the north
Property Control No. 12-43-46-18-00-000-1250
EXHIBIT A
Plat Map
EXHIBIT B
~J~HTIEB: CONTX~JtL HOJ(ES OF ~LORIDA, INC., ("Seller"), of _8000
Boulevard, Suit~ ~101, Miami Lake~, ~L ~)016, (Phone (305)512-~54,
OF D~L~Y B~, a Florida m~cipal co~ora=ion. ("Buyer"),
Avenue. Delray ~eBuh. FL 33~%~ (~hone: 561-263-7000}, heruby a~c= t~t =he
Seller shall sell and Buyer shall buy th= following ~escri~d Real Pr~r=y and
Personal Property (collectively "Propercy") u~on the follo~in~
con~icione, which IN~E the St~dar~s for Real Estate Trisections
("St~(s} ") on the reverse side hereof or attache~ hereto
a~denda =o this Con=race for Sale amd Purchase ("Contract").
(a)Le~al description of the Real Property located in Palm Beach County,
Florida:
The Ease side of Coral Trace ~oulevard, consisting of apprcu~imately 19.6S3
acres, more or less
Control no. 12-43-46-18-00-000-1250
(b) Street address, city, zip, o~ the Property is;
Ii. P~IRCHASE ~ICE: $
(a) Deposit due upon the approval
by the Cloy Commission pursuant to the
contingencies set forth in Addendum
Section B to be held in escrow by
Robert W. Federspiel, P.A. TruSt Accou/%t
In =he amount of
Bale/ace to close (U.S. cash, LOCALLY DRA~
certified or cashier's check}, subject to
adjustments or proration
Total
~,390.000.00
6~190,000-00
6,390,000.00
ZZZ. T~ NOR ACCEPTANCH; EPP~TZV~ DAT~; FACSIMILE: If thi~ offer is uot
executed by and delivered to all parties OR FACT OF EXECUTION comJnunicated in
writing be=ween the parties prior to such offer being withdrawn by the first
~ar~y signing, the deposit(s) ~ill, at Buyer's option, be returned an~ th~s offer
withdrawn. The date of Contract ("~ffec~ive Date") will be the later of t_he date
when the last one of the Buyer and =he Seller has si~ned this offer or the clare
the City Commission of the City of Delray Beach approves this Contract. A
=acsimlle copy o~ this Contract and any signatures thereon shall be considered
for all purposes as originals.
EXHIBIT C
1~. TITLE ~DE~E~ At least 30 days from t~e e[fective ~ate, (CH~CK ONLY
ONE): · Seller shall, an Seller's expense, deliver to Buyer or Buyer's attorney;
OR [] Buyer shall at Buyer's expense Ob=din (CHECK ONLY OldE): ~labBtl-act of title
or Ititle ~neurance commitment (with legible copies of instruments listed as
exceptions attached thereto) and, after closing, an owner's policy of title
insurance.
v. CLOSIN~ DATE, This transaction shall be closed and the deed --~ other
closing papers delivered within seventy-five (75) days from the ~ffectiwe Date,
unless modified by other provisions of Contract.
vi. UETP~CTIONS; ~A~WTS; LIMITATIONS, Buyer shall take title s~Jec= to:
comprehensive lan~ use plans, zoning, restrictions, pro~itio~ ~ other
requirements i~osed by ~ove~ental authority; r=strictions and ~tters
appearing on the plat or othe~ise cc~on to the s~division; p~llc utility
easements of record (easements are to be located conti~ous to Real Property
lines ~d not mort th~ 10 feet in widt~ as to th= rear or front lines an~ 7~
year of closing ~d s~se~enc years: assumed mor=~a~es ~ p~chas~ ~ney
~gages. if ~y (if a~itional items, see a~enaum); provided ~t there ~i~ts
at closin~ no violation of the foregoing.
VII. OCuu~ANCY: Seller warrants there are no parties in occupancy other than
Seller; but if Property is intended to be ranted or occupied beyon~ =losin~, =he
~act and terms thereof and the tenant(s) or occupants shall be disclose~pursu~t
to Standard F. Seller shall deliver occupancy of Property =o ~uyer at =ime of
closing unless otherwise stated herein. If occupancy is to be delivere~fore
closing, Buyer assumes all risk of loss to Property from date of occu~m~f, shall
be responsible and liable for maintenance from that date, and shall be deemed to
ha~e accepted Property in its e-x/sting condition as of time of =akin~ occupancy
unless otherwise staued herein.
VIII, TYPE~RITT~ OR F~%~DNRITTEN PROVISIONS: Typewritten or handwritten
provisions, rid=rs and addenda shall con=to! all printed provisions of
Con~rac= in conflict with them.
IX. ASSIGNABILITY: (CH~CK ONLY ONe): Buyer (1)l may assign an~ thereby be
released from any further liability under thi~ Contract; []may assign but not be
released from liability under this Contract; or ~may not assign th~s Contract.
(a} Radon is a naturally occurring radioactive ~as 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 sta~e guidelines have been found in
buildings in Florida. Additional information re~arS~ Radon or
Radon testin9 may be obtained from your County Public Health unit.
(b) Buyer may have determined the energy efficiency ratin9 of the
residential building, if any is located on the Real Property.
XI. SPE~'~AL CLA~$ES~ ADDENDA: If add/tional terms are to be provided, attached
addendum and CHECK.ERE ~.
CITY OF DELRAY BEACH
CONTINENTAL HOMES OF FLORIDA, INC.
Date Date
Tax ID No. 60-0811624154C
Social Security
or Tax ID No.
Deposit(s) under ParaDraph II (a) received; IF OTteR THAN CASH, TH~N SL~J~CT TO
~CE: ROBERT W. FEDEI~SPIEL. P-A
By:
SELLER:
BUYER:
PROPERTY ADDP, ES$;
ADDENDUM TO CONTRACT FOR SALE AND ~C~ASE
CONTINENTAL HOMES OF FLORIDA, INC.
CITY OF DELRAY B~AC~. a Florida municipal corporation
FI. S~ECIAL CLAUS~Sj ADDENDA (Continued):
Ao
The Buyer shall have ~orty-~ive C~5) days following the apprcn~l by
the city Commission pursuant to Section XI(B) below w/eb~ wh/¢h to
conduct any and all feasibility studies and determ~-~tions relative =o
the suitability for the acquisition of r_he subject property by the
Buyer and the Buyer reserves th= express right no terminate this
Contract at any time during said period for any reason or n~ reason,
in Buyer's sole discretion, whereupon Buyer shall receive a full
refund of all deposit monies paid hereunder. Guyer shall ~ grante~
reasonable access to the premises to conduct such f~asibilitystu~ies
and determinations, including environmental assays, core ~rilling,
auz~eys, soil sampling and other such testing. Seller will provide
acces~ to project books and records to allow Buyer to detexm/ne and
verify the additional expenditurus and improvements made =o =he real
property by r_h= Seller subs=quant to its acquisition of such prcT~rty.
This Contract is expressly contingent and conditioned upon the
approval of the sam~ by the City Commiesio~ o~ the City o~ Delray
Beach within ten (10) day~ following the Effective Date, an~ this
Contract shall expressly not be deemed an "offer" for any puz~ose
unle~ and until t~e ~aia city commission shall ha~e approved and
accepted said Contract in open session. If this Contract is not
approved by th~ City Commission of the City of Delray Beach witkin
ten (10) days ~ollowing the Effective Date, t_hen this Contract will
be null and void and of no furthur force or effect.
The parties ~arrant an~ a~ree that there is no broker ~nvolved in
this transaction.
BUYER'S INITIALS:
INITIALS:
STANDARDS FOR REAL ESTATE T~ANSACTIONS
Real Pro~rCy recorde~ ~n t~e p~llc records o~ the county wherein Real ~roDer=y ~B loca=e~. ~r~h E~ec=ive ~e. IC e~ll
c~nce w~ ~ es=lies= p~lic recurve, or such la,er dace aa ~y ~ cuE=o~ ~ C~ co~y.
or ~ore closl~. Seller ~11 convey a ~rket~le tltlu eubjoc~ ~ly ~o l~ens, e~rances, ex~pcions ox ~all~%~=l~ eec fo~h
lm Contract. M~r~ec~le title s~all be de~e~tned accordtn~ to a~pltcmble Title S~B a~C~ ~ auc~ri=y of ~ Flort~ ~r
~ ~ accurate v~ch law guyot .hal~ ~v~ 30 ~ye i~ ~e~rac~, or ~ days, i~ ~itle c~=~c,
seller. Buyer s~all ~ dee~d to ha~e acceDte0 the C~ClB a~ ~C chun im. S~11~r G~11, ~ t~Cle iS ~OU~ ~c~e=~le, use diligent
e~orC Co correct de~ec= CE) in c1=1~ w=ch~n the Cite Dr~=~ed therefor. ;~ Seller iH uncle co C%~Iy
shall either waive the de~ects, or receive a refund o~ deposit(s), thereby releasing Buyer and seller
t~rove~t~ located on the ~eal ~roperty ag&in~t ~ire asd all perils included wi~ ~e te~ '~t~
~uch other risks ~d ~rils ae Seller ~y rea~on~ly re.ire, In ~ a~t e~al ~o ~e~ ~et ~le
note ~ security agreement e~all be otherwise in fo~ and content re~ire~ ~y Seller: buc 8ells:
C. S~ Buyer, aC Buyer'~ e~enee, within ci~ allowed Co deliver eviB=e cE t~cle. ~y
~ uae ~ doecr~be~ ~n Ps.graph vI~ hereo~, title co w~Gh te ~ accurate ~ &Ca--rd
by cc~=. ~ Seller xe ~le to obtain such letter =rom eac~ ce~c. ~he aamm znfu~Cion B~alX
J. ~N ~Oa ~: Seller shall fu~lsh deed, bill of sale, const~ccion
~rcg~ge, ~rCgage ~Ce. eecurlcy agree~C, ~ ~i~nc~g scacemence.
~. ~J~ ~cu~ca~ ecq~ on the GeeA ~ reco~ CO.Octave
fi~nci~ scot--acs shall be Dild by ~yeI. ~leeB 0cheese p~d ~ law or ~d~ Ce ~s ~aaC. -~ loc c~ foll~
related title ee~lces, haply title or ~stracc charge, title ~a~na~ton,
~rcy reeDO~Able for fu~ishln~ the clcle eVldence 1~ accordance wlch P~ra~rap~ V.
Escro~ deposit0 held DF ~=cgagee will be cre~lce~ l~ Seller. T~es e~ll b~ p=oraccd ba~ed on tho ~enc ~ar'B c~ w/Ch d~e
allo~ce ~ ~Pr ~ all~w~le ~zmco~t. ho~m=c~ a~d o~h~r m~cio~. X~ cloBi~ ~rS at a ~te ~ ~ ~e~ ~ar'e
~leCe~ ~o~ntB on Real P~e~y by Ja~a~ 1Bt of year o~ closi~.
between the p~ieB. ~ailt~ V~, request wzll be ~ae eD ~he CO~y Property ADpreismr for an info--1 mssegamnc C~ into
t~Sc~zally c~leCe~ ~ o~ Effective DaCe, any pendin~ lien s~ll be considered aa ce~CtZl6, co~ o= =acllz~ ~ ~11~
e~11, aC cloviS, be cha~od an a~unC e~al Co the last estl~Ce of asEefemen~
........................................................
~ Th~ de~ shall be recorded upon clear.ce of
· ~e~e~. evl~nce of cica= shall be cont),~ue~ at ~uyer'B e~ense CO ~
~=ld r~e: Seller's c~tle ~rke~l= Er~ c~ dace Df th~ la.~ p~dehce, All cloe~g pr~ee~
r=nacrm~ =n~r~ecmble, through no ~aulc o~ Buyer. Buys= shall, wxth2n thc
&11 ~o~e~C{B) e~l, ~n written ~e~ bF ~uy~r md within ~ days afro=
d~gbur~ af ~rcgag= p~oc=~ o~ a ~eeul~ ~ ~y title de~ecc a~r~le ~o ~u~e~-~g~r,
~bh ~e Cl~k o~ ~e clrcu~C C~ur~ ~vlng Jur!aaicclon oi :he dispute. ~on notifying
l~bilzcy on ~ ~c o~ Agent n~ll Jolly ce~l~Ce, ~cepn co ~e ~t o~ ac~c~
oac~v. Z~ a licen~ reel ~gcat~ b~=r, ~ will c~ly w~h ~ZOViS~D~ Df ~ce~
wlll~ ~=ea~ OE C~nnrac~ or gzoss Degll~ence o~ A~ent.
pzeva~l~ ~Cy ~ eu~ l~iga~loa ~, Zoz =~ p~oee~ of ~hia 8~d, g~l ~cl~e Seller,
~ remso~blo mCCo~oy'~ fees, CO,Cs, a~d
~=eu~, ~u~r ~ Sell~ e~l ~ relieved of ~1 oblt~cions ~dor ~nc~; oz seller,
~o ~ozce GelleF'I rights ~e= ~S Con=ric~. 1~, ~ox Any reason other than ~itlure o~ seller
T. ~ ~ ~~; ~O~ ~o~; ~1~: Nei~Aer c~f Contract nor ~y no=lee oE ~c a~l ~ ~oz~ ~ ~y ~lic
~te, ein~ aha1 ~lude plural ~d one gender ehall include a11- Notice gi~n by or co c~ acCo~e~ for ~ ~y ~11 ~ u
eZ/eectve is tZ giv~ ~y or t~ ~ac party,
~ the party or pa~lep intended to be bound by
W. ~S, Seller ~anCe gh&c there are no facts ~o~ to Seller ~cert~ly ~fec~t~
no~ gently ~ae~le b~ ~yer or wntc~ ~ve no= been disclosed ~o Buyer.
From' Jamie Tltcomb PBC League of C~ties $61~-355-4484 To Clt~ Manager Daxad Harden Date~ 1/~/02 Time 4'1)4 10 PM Page I of 3
... - 9 200!
The Palm Beach t ,,% ' , ......
T - ,"/~-,o- C7-'~,~.~'/' <~1~
eague ti]tles,
2001-2002 Board Members
Area codes are 561
Ken ~chultz (President)
Mayor, Tow~ of Hypoluxo
Phone 582-6155, Fax 582-0703
kschultz~hypoluxo org
Dr Carmine A Priore (1" Vice President)
Councilmembar, Vdlage of' Wellington
Phone 791-0991, Fax 798-6590
Cpnora~welimllaGa corn
Bevolty ~mith (2"" Vice President)
Councdmember, Vdlage of Palm Spnngs
Phone 95?-8273, Fax 965-0899
Bevsm~h~aol
Mo Thorn(off (Becretary/Treacurar)
City IVlanagor, CRy of' Atlanbs
Phone 966-1744, Fax 642-1806
Mo_thomton(~rrlsn.c om
Ohaftay O'Meilia (Distnct
Councdmember, Village of' Iq Palm Beach
Phone 622-7010, Fax 881-7469
Cannefa S'taracc (D, strict 2)
Councilmember, Vdlage of Royal Palm Beach
Phone 790-4680, Fax 790-5174
Tornstarace~aol corn
Peter Noble (D,stnct 3)
Counci'nembec C~ty' of Gceenecres
Phone 433-3019, Fax 434-4709
Lelf Ahnell (Distnct 4)
CRy Manager, Cdy of Boca Raton
Phone 393-7700, Fax 367-7014
Bocacrn~eiboca-raton 6 us
B~by 'Tony" Smith (Di~tnel 5)
City Manager, CRy of Belie Glade
Phone 996-0100, Fax 992-2221
b_spance~fl~te net
Mary Brandenburg (Large City)
C,~mmbaioner, C, ily o~ West Palm Beach
Phone 659-8099; Fax 653-2630
Ubranden~ci west. pa~n-beach.fl, us
David Harden (Large City)
Cib/Manager, City of Delray Beach
Phone 243-7010, Fax 243-7t99
Harden~c~ delray-beach fl us
Edward Rodgers (Large City)
Councd Chmr, C~/of Rw~era Beach
Phone 842-0497, Fax 863-3236
Gerald Brnening (Large
Mayor, City of Boynton Beach
Phone 364-4716, Fax 742-8011
Broeningg~ci.boynton-beach fi. us
Doneld Daniels (Large City)
Couneilrnembor, Towa of Jul~ter
Phone 748-5134; Fax 576-9730
Rodney Ra'neno (Large City)
Mayor, City of Lake Wodh
Phone 5~-1600, Fax 588-1750
rodney{~crtyofl akcworlh.org
Retha Lowe (Irrrneffmte Past Pras~dent)
Phone 56~-7276
F A X - M E M O
TO:
City Managers & Elected Officials
FROM: Jamie Titcomb, Executive Director
DATE: January 9, 2002
Senate Redistricting Update
In response to objections to the recently released proposed Senate Redistricting
Maps, the maps have since been amended (please see Plan # 817S0003
[processed on January 8, 2002] at wwmleg, statefl~us/senateredistricting/
index, cfm).
The Senate Committee on Reapportionment will meet on Friday, January 1 lth and
I will attend and testify on behalf of the Palm Beach County League of Cities. Due to
the urgency ofthis matter, I urge each city to write a leller to Senator Daniel Webster,
Chairman of the Senate Committee on Reapportionment, and adopt a revolution in
support of an apportionment plan which will be in the best interest of Palm Beach
County residents. Please fax a copy of the letter and resolution to the Palm Beach
County Legislative Delegation at 355-2343 andto the League office at 355-6545.
Attached is a sample resolution adopted by the League.
cc: Edward Chase, Executive Director, Palm Beach County Legislative Delegation
Trela White, Esquire, Corbctt & White
From Sa'ale Titcomb PBC League of Cities 561-355-4484 To City Mannge~ Dawd Hmtden Date 1/9/02 T~me 4 04 10 PM Page 2 of 3
RESOLUTION NO. 01-02
A RESOLUTION OF THE PALM BEACH COUNTY LEAGUE OF CITIES,
INC. REQUESTING THE ADOPTION OF AN APPORTIONMENT PLAN IN
WHICH PALM BEACH COUNTY RESIDENTS COMPRISE A MAJORITY
OF THE CONSTITUENCY IN THE SENATORIAL AND REPRESENTATIVE
DISTRICTS CREATED; DIRECTING THIS RESOLUTION BE FORWARDED
TO THE SENATE REAPPORTIONMENT COMMITTEE AND THE HOUSE
PROCEDURAL AND REDISTRICTING COUNCIL; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES
WHEREAS, in the second year following each decennial census, the Florida Constitution
Art. III, Sec. 16, requires the legislature to apportion the state into specified senatorial and
representative districts in accordance with state and federal law; and
WHEREAS, since the United States Decennial Census of 1990, Palm Beach County has
evolved into an intensely populated area of unique, well-defined interests; and
WHEREAS, the senatorial and representative districts established in 1992 and based
upon United States Decennial Census of 1990 do not uniformly provide equal representation for
the citizens of Palm Beach County based upon current census data; and
WHEREAS, respecting the boundaries of political subdivisions such as Palm Beach
County is a traditional districting principle recognized by the United States Supreme Court; and
WHEREAS, based on the community of interest established in Palm Beach County, the
need to provide County residents equal representation, and respect for the County's geographic
boundaries, the Palm Beach County League of Cities, Inc., hereby urges the Florida Legislature
to adopt an apportionment plan that minimizes overlap of senatorial and representative districts
into counties adjacent to Palm Beach County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
PALM BEACH COUNTY LEAGUE OF CITIES, INC., THAT:
SECTION 1: The foregoing recitals are true and correct.
Page 1 of 2
From Jatme Titcomb PBC League of trUes 561-355-4484 To. City Manager David H~den Date 1/9/02 Time 4 04 10 PM Page 3 of 3
SECTION 2: The Palm Beach County League &CRies, Inc. hereby requests the Florida
lggi,sla,Blre to a,dogl, an a,pportionment l~la,n in which Palm Beach C, ounty re,sid;nl,,s eoml~rise a,
majority of the constituency in the senatorial and representative districts created.
SECTION 3: The Palm Beach County League of Cities, Inc. hereby directs that a
certified copy of this Resolution be sent to the Senate Reapportionment Committee and the
House Procedural and Redistricting Council.
SECTION 4: This Resolution shall take effect immediately upon adoption by the
General membership of the Palm Beach County League of Cities, Inc.
PASSED AND ADOPTED this __ day of
,2001.
THE PALM BEACH COUNTY LEAGUE OF
CITIES, INC.
Kenneth Sohultz, President
ATTEST:
(SEAL)
Mo Thornton, Secretary/Treasurer
A:xR~ 01.02 mnpd
Page 2 of 2
RESOLUTION NO. 9-02
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE
ADOPTION OF AN APPORTIONMENT PLAN IN WHICH
PALM BEACH COUNTY RESIDENTS COMPRISE A
MAJORITY OF THE CONSTITUENCY IN THE
SENATORIAL AND REPRESENTATIVE DISTRICTS
CREATED; DIRECTING THIS RESOLUTION BE
FORWARDED TO THE SENATE REAPPORTIONMENT
COMMITTEE AND THE HOUSE PROCEDURAL AND
REDISTRICTING COUNCIL; PROVIDING AND
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, in the second year following each decennial census, the Florida Constitution
Article III, Section 16, requires the legislature to apportion the state into specified senatorial and
representative districts in accordance with state and federal law; and
WHEREAS, since the United States Decennial Census of 1990, Palm Beach County has
evolved into an intensely populated area of unique, well-defined interests; and
WHEREAS, the senatorial and representative districts established in 1992 and based upon
United States Decennial Census of 1990 do not uniformly provide equal representation for the
citizens of Palm Beach County based upon current census data; and
WHEREAS, respecting the boundaries of political subdivision such as Palm Beach County
is a traditional districting principle recognized by the Untied State Supreme Court; and
WHEREAS, based on the community of interest established in Palm Beach County, the
need to provide County residents equal representation, and respect for the County's geographic
boundaries, the City of Delray Beach hereby urges the Florida Legislature to adopt an
apportionment plan that minimized overlap of senatorial and representative districts into counties
adjacent to Palm Beach County.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1.
true and correct.
That the City of Delray Beach hereby agrees that the foregoing recitals are
Section 2. That the City Commission hereby requests the Florida Legislature to adopt
an apportionment plan in which Palm Beach County residents comprise a majority of the
constituency in the senatorial and representative districts created.
Section 3. That the City Commission hereby directs that a certified copy of this
Resolution be sent to the Senate Reapportionment Committee and the House of Procedural and
Redistricting Council.
Section
Commission.
That this resolution shall take effect immediately upon adoption by the City
PASSED AND ADOPTED in regular session on this the 15th day of January, 2002.
ATTEST:
MAYOR
City Clerk
2 RES. NO. 9-02
ADMINISTRATIVE SERVICES
MEMORANDUM
TO:
FROM:
oa~ertT. Harden, C~ty Manager
A. Barcinski, Assistant City Manager
SUBJECT:
Agenda Item City Commission Meeting January 15, 2002
Waiver Request/2~a Annual South Florida Rainbow Tennis Classic
DATE: January 10, 2002
Action
City Commission is requested to consider the waiver of a proposed $2,500 site fee for the 2nd
Annual South Florida Rainbow Tennis Classic to be held February 15th - 17th, 2002 at the Tennis
Center.
Background
At your last meeting Mr. Yusef Ahmed requested that City Commission consider waiving the
proposed $2,500 site fee for this tournament. As per the attached memorandum I received from
Mr. Dubin the fee proposed was to cover court use, court maintenance, and other assorted staff
time associated with the tournament. Also included in Mr. Dubin's memorandum is information
concerning charges for USTA events and other tennis events held at the center. Last year Mr.
Dubin was able to obtain a grant from Palm Beach County Sports Commission to cover the site
fee.
The South Florida Rainbow Tennis Association is a multicultural non-profit charitable
organization dedicated to increasing minority participation in tennis. The proceeds are used to
promote junior tennis programs in low-income communities.
Most of the participants in this tournament are minority amateur players from across the South
Eastern United States and we anticipate over 100 participants.
I think this event helps to promote the use of our tennis facilities by minority players and helps
to achieve the Commission goal of diversity.
Recommendation
Per Mr. Dubin's memorandum, staff is recommending approval of the request to waive the
proposed $2,500 site fee for the 2ua Annual Rainbow Tennis Classic.
RAB/tas
Cc: Brahm Dubin
Flle:u.sweeney/agenda
Doc'2~ Annual Rainbow Tennis Classic
01/10/2002
.~_----
15:11
5612B52752
DUBIN & ASSOCIATES
PAC-,E 02
Goff & Tennis Management, Development & Consullatlon
MEMORANDUM
DATE:
TO:
FROM:
RE:
January 10, 2002
Bob Barcinski
Brahm Dubin
R~nbow Tennis Classic
Enclosed please find a schedule of Tennis events to be held in fiscal year 2002.
USTA amateur events result in a net profit to the City in thc approximate amount
of $500 - $1,000 per event. Income is derived through individual entry fees.
These events include;
11/17- 11/19
1/:~- 1/6
1/12- !/14
5/24 - 5126
6/21 - 6/23
8/22 - 8/'25
9/6 -
Holiday Super Seniors
City of Delray Beach Senior Chps.
Gulfstream Junior Championships
Gulfstream Desisnated
Delray Summer Jr. Chps.
Florida State Clos~l
Elks Rookie Tournament
Events produced by th~ Tennis Cemer are mn at either breakeven or at a profit
between $250 - $1,000. Income is derived through individual entry fees.
These events include:
1/19 Wood Whack it Classic
2/1 - 2/3 City Championships
Professional events are produced by individual promoters at a cost to the City,
These events include:
12/1 - 12/2 Chris Evert Pm Celebrity
3/2 - 3/10 International Tennis Championships
4/6 JPMorganChase
The Tennis Cemer does not charge the Roots Festival for court usage and closes
the facility for open play ~or the 2 days,
1300 Park of Commerce · Suite 272 - Delray Beach. FL 33445. (561) 265-0255 · Fax (561) 265-2752
B1/~0/2002
15:28 5612652752
DUBIN & ASSOCIATES
PAGE
02
The Rainbow Tennis Classic is in its 2"d year. In 2001, JCD Sports Group was
instrumental in the tournament receiving a $2,500 grant flora the Palm Beach County
Sports Commission which was used to fund a 52,500 site fee charged by the Tennis
Center. Site fee~ are charged in lieu of court rental income, court maintenance payroll
and clubhouse usage.
In 2002, thc grant will not be forthcoming.
We are recommending that we waive the $2,500 site Fee and clo~e the facility for
open play for the :3 days.
It is our hope that all profits derived fi.om this wonderful event will be used to
fund it's mission of increasing minority involvement in tennis, and expect that these
programs will be held at the Delray Beach Tennis Center.
SECOND ANNUAL SOUTH FLORIDA
RA!NBOW TENNIS CLASSIC
"CLASH ON THE CLAY" PART Ii
DELRAY BEACH TENNIS CENTER
201 WEST ATLANTIC AVENUE
DELRAY BEACH, FLORIDA 33444
FEBRUARY 15 - 17, 2002
PRIZE MONEY FOR OPEN DIVISION ONLY
T-SHIRT FOR EACH PARTICIPANT
TROPHIES FOR WINNERS AND FINALISTS IN EACH DIVISION
ICID'S DAY EVENT
PLAYER PARTY
FOR FURTHER INFO. CALL:
YUSUF AHMED AT (561) 737-8159
EMAIL: SFRTennis~aol.com
I;
Place
Stamp
Here
S.ER.T.A.
ATTN: YUSUF AHMED
4843 CONCORDIA LANE
BOYNTON BEACH,
FLA. 33436
01/11/2002
14:23 5B13912238
BOOA AIRPORT AUTHORI
PAGE
Boco port' J hori
3700 AiS~oft go~_d St~..e//304 Boca Rat~, I:l~id, 3.3431 Photo.: (561)391-2202, F~x:($6D39;-2238
t;4-nah: m~il~boeadrlmrt, com Wab~i~:
January 10, 2002
Mayor David S~hmidt
CITY OF DELRAY BEACH
100 N.W. 1st Avenue
Delray Beach, FL 33444
RECEIVED
JAN 1 I ~nn?
CITY MANAGER
Re:
A City of Delray Beach appointment to the new Noise Compatibility
Commiffee for the Boca Raton Airport.
02/02
Dear Mayor Schmidt:
The Boca Raton Airport Authority is preparing to restart the former Noise
Compatibility Advisory Committee (NCAC) and is looking for some changes in
the membership makeup. We are planning on limiting some of the original Boca
Raton residential and pilot's representatives, while supplementing representation
from our surrounding communities. Meetings will be held four to six times per
year and will likely be held at night at various venues throughout our area.
To that end we have created positions for the Cities of Delray Beach, Highland
Beach and Deerfield Beach. We would ask for your appointee for this position at
your earliest possible convenience.
We thank you in advance for your assistance in determining a good
representative for the Delray Beach area. If you have any questions about this
letter or need any additional Information do not hesitate to contact me at (561)
391-2202.
Russell J. Buck
Noise Abatement Administrator
Phtltp Modder Bruce BenefieM Lawrence Rayman George lxmham Stanford Morris ,lanet ,S'he~' Phyllis Tarlow
~m~ NCC~lray~Ol~.~ITrm.nurer Member Etyrm~ Member M~mb~r
3700 ALrport Road Suite # 304
Boca P, atort, F~, 33431
(561) 391-2202 Fax: (561) 391-2258
£-maih rrtail~bocaairport, com
Website:www.bocara~onairport.com
BOCA AIRPORT AUTHORI
PA~E: 81/82
Fax
To:
~ Urc~t
For Review
I-1 Plea~ Comment
[] Please Rop~
Please Recycle
Date: Dec. 31, 2001
AGENDA ITEM NUMBER:
AGENDA REQUEST
Request to be placed on:
Consent Agenda Regular Agenda x Workshop Agenda
uar7 '~ 2002
Description of Agenda Item (who, what, where, how much):
Presentation of final draft of Parks
Glatting Jackson for City Commission
Special Agenda
and Recreation Master Plan by Rick Durr of
approval.
DepartmentHead~ _ ~ ~ ~
Signature: (~ ~
City Attorney Revi~vfRecommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials:
Account Number
Description
Account Balance:
Funding Alternatives:
City Manager Review:
Approved for Agenda:~/~/No Initials:
Hold Until:
Agenda Coordinator Review:
Received:
(if apphcable)
EXHIBIT A
11. Regional Fire and Police Training Facility
The Fire Rescue Subcommittee of the Palm Beach County Intergovernmental Coordination
Program has determined there is a need for a regional fire/law enforcement training facility in Palm
Beach County, especially since the responsibility for such training has been shifted to the
Community College. The cost of acquiring land and constructing such a facility is estimated at
$20,000,000, with another $5,000,000 required for equipment. Support is requested for funding in
the budget for Palm Beach Community College to acquire a site begin more detailed planning for
this badly needed central facility for regional fire and police training.
®P~e3
5613645210
IVlgl~Y POINT PAGE: 0!
Fmm IMrch~
I.~, wkkh wn Uwpmd in ~to ~ Plm h' ~.
c~id be umd in ~be We~ Se~bru ~. The bomm h die WMt Smh~ Di~'~ ero in
*.bo new cummmn ~ m Were Afbn~ Avome omdimms ~o rmkvdoy.
Awareness Month.
6.C.~g.
National Race Equality Day - September 19~ 2001
Mayor Schmidt read a proclamation proclaiming September 19, 2001 as National
Race Equality Day.
At this point, the time being 6:10 p.m., the Commission moved to Item 7,
Presentations.
7~
PRESENTATIONS:
7.._AA Legislative Issues - Representative Bill Andrews~ Representative Anne
Gannon and Representative Richard Machek
Mayor Schmidt recognized the Legislative Delegation who was in attendance:
Senator Ron Klein, Representative Anne Gannon, Representative Richard Machek,
Representative Bill Andrews, Representative Irving Slosberg and Senator Mandy Dawson.
Mayor Schmidt stated the reason the City invited the members of the Legislative Delegation is
because the Commission feels it is important to interact with the State Legislators. In addition,
Mayor Schmidt stated there are a number of items that the Commission feels are of particular
concern both to the community and to the County. Mayor Schmidt stated the Commission would
like the opportunity to present these concerns to the Legislative Delegation and get some input
from them as well.
The following Legislative issues for 2002 were presented to the Legislative
Delegation:
®
®
e
Rewrite of the Community Redevelopment Act (Part III of Chapter 163, F.S.)
a. Local discretion should be allowed in the length of terms for appointed CRA
members.
b. Ensure that city CRA's continue to receive the TIF money from the County as
well as the City.
Boca Raton Airport
a. Considering the impact of aircraft noise on residents of Delray Beach, a
representative of Delray Beach should be added to the Boca Raton Airport
Authority.
Billboard Legislation
a. The state should not preempt the City's right to require removal of billboards as a
condition of a development order, or to amortize billboards not in conformance
with the City's zoning code.
Criminal Justice/Juvenile Justice
a. Support legislation to allow photographic enforcement of red light running in
Palm Beach County.
b. Support a grant of $600,000 to assist in acquiring and remodeling facilities for
Youth Enrichment Vocational Center. The model for our program, the Youth
-3-
09119/01
®
Ne
10.
Automotive Training Center in Hollywood, is well proven as affective in turning
at risk youth from a criminal career to being contributing members of society.
Art in Public Places
a. Support funding Pineapple Grove Main Street's application for a $25,000 Cultural
Programs Grant to help construct the Pineapple Grove Art Walk.
Parks and Recreation
a. Support funding for the City's Florida Recreation Development Assistance
Program applications as follows:
(1) $107,250 for tennis courts at the Catherine Strong Center in cooperation
with the USTA on their "First Serve" initiative for inner city tennis.
(2) $50,000 for playground equipment at Barwick Park.
Library Expansion
a. Support funding of the Dclray Beach Library Public Library Construction Grant
for $500,000.
b. As the State Aid to Libraries program is reviewed this year, pursuant to CS/HB
337, ensure that libraries such as Delray Beach's remain eligible to receive State
aid for operating purposes.
Senior Citizens
a. State funding of $500,000 is requested to construct a facility that would serve as a
center for government and non-profit agencies providing services to our growing
senior citizen population.
Water Supply
a. Within the next two years the City expects to spend at least $4,200,000 in
modifying our water treatment process in order to comply with new, mandatory
drinking water quality standards. State assistance is requested to comply with this
unfunded mandate.
b. The South Regional Wastewater Treatment and Disposal Board facility currently
reclaims only about 25% of its effluent to use for irrigation. An additional 12
MGD could be reclaimed instead of being discharged to the ocean, where it may
contribute to algae on our reefs, but we need help with the cost. Using more
treated sewage effluent for irrigation will reduce use of surface waters and water
from the surficial acquifer for such purposes. The South Florida Water
Management District formerly gave grants for this purpose, but these funds have
now been diverted to pay the District's share of the Everglades Restoration.
Additional treatment and distribution facilities would cost $12-$18 million. State
assistance is requested in the amount of $3,000,000.
Sludge Pelletization Facility
a. Support funding for the state share, $1,875,000, of the proposed regional sludge
pelletization facility to be operated by the Palm Beach County Solid Waste
Authority to serve Palm Beach, Martin and St. Lucie Counties and their
municipalities. This $12,500,000 facility will reduce by 4,100 tons annually land
application of phosphorus in the Everglades, Lake Okeechobee, and Indian River
Lagoon watersheds. We are also seeking $6,000,000 from the federal
government, $1,125,000 from the South Florida Water Management District and
$3,500,000 from the participating utilities.
09/19/01
11.
Regional Fire and Police Training Facility
a. The Fire Rescue Subcommittee of the Palm Beach County Intergovernmental
Coordination Program has determined there is a need to a regional fire/law
enforcement training facility in Palm Beach County, especially since the
responsibility for such training has been shifted to the Community College. The
cost of acquiring land and constructing such a facility is estimated at $20,000,000,
with another $5,000,000 required for equipment. Support is requested for funding
in the budget for Palm Beach Community College to acquire a site begin more
detailed planning for this badly needed central facility for regional fire and police
training.
There was a rapport between the Legislative Delegation and the Commission with
recommendations from the Legislative Delegation on how the Commission should proceed with
the Legislative issues for FY 2002. They all agreed that the Commission should lobby to get
their concerns on budgets and attend meetings in Tallahassee.
7.B. Government Finance Officers Association Distinguish Budget Award
presented to the City of Delray Beach for FY 2000-2001
Mayor Schmidt presented Joe Safford, Finance Director, with the Government
Finance Officers Association Distinguished Budget Award. Mr. Safford came forward to accept
the plaque and stated this is the fourteenth year that the Finance Department has received this
award.
CONSENT AGENDA: City Manager Recommends Approval.
8.A. RELEASE/CANCELLATION OF WATER SERVICE AGREEMENT
(1710-1800 N. FEDERAL HIGHWAY: Approve the release and/or cancellation of a Water
Service Agreement for property located at 1710-1800 North Federal Highway (fica Arrow Trailer
Park), said property has been annexed into the City and is connected to City water and sewer.
8.B. REQUF~T TO ALLOW A TEMPORARY MODULAR
BUILDING/MAROONE FORD: Approve a request to allow a temporary modular building at
Maroone Ford, located at the northwest comer of Linton Boulevard and Wallace Drive (1311
Linton Boulevard), for use as offices for a period of one (1) year while building improvements
are constructed.
8.C. CLOSEOUT CHANGE ORDER # 1 & FINAL PAYMENT /CHAZ
EQUIPMENT (ROYAL PALM BOULEVARD): Approve closeout Change Order # 1 in the
net deduct amount of $3,716.00 and final payment in the amount of $20,051.00 to Chaz
Equipment for the Royal Palm Boulevard Paving and Drainage Improvements. Funding is
available from 448-5461-538-65.04 (Stormwater Utility-Royal Palm Boulevard).
8.D. RESOLUTION NO. 58-01: Approve Resolution No. 58-01 supporting
implementation of aquifer storage and recovery technologies for the purpose of protecting the
environment and public water supplies.
-5-
09/19/01