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Agenda Reg 02-20-01City of Delray Beach Regular Commission Meeting Tuesday, February 20, 2001 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, pubhc comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen IS entitled to speak on items under this section. Bo 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 spealang further, unless permission to continue or again address the Commission is ~ranted 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 auxthary rods and services to afford an mchvldual with a chsab~hty an opportunity to parucIpate m and enjoy the benefits of a service, program, or acuvIty conducted by the City Contact Doug Randolph at 243- 7127 (voice) or 243-7199 qlT)D), 24 hours prior to the event m order for the City to accommodate your request. Adaptive hstemng devices are available for meeungs in the Comrmsslon Chambers. 2. 3. 4. 5. 6. ROLLCALL INVOCATION PLEDGE OF ALLEGIANCE TO THE FLAG AGENDA APPROVAL APPROVAL OF MINUTES: PROCLAMATIONS: Calling for a Special Election to be held on March 13, 2001, on the Library referendum question. PRESENTATIONS: RESOLUTION NO. 18-01: A resolution recognizing and commending Robert Phillips for thirty years of dedicated service to the City of Delray Beach. Special Merit Award to Robert Bullard, Utility Maintenance Manager, for his suggestion regarding elimination of odors from Lift Stations and removal of the existing wet scrubber from service, thereby reducing annual maintenance cost of $10,740 for equipment no longer needed. C. All-America City Steering Committee Delray Beach Housing Authority - Award of Appreciation for City Support at Carver Estates CONSENT AGENDA: City Manager Recommends Approval. A. APPROVAL OF POLL WORKERS FOR MUNICIPAL SPECIAL Bo Co ELECTION: Approval of the poll workers for the municipal special election on March 13, 2001. KLASFELD v. CITY OF DELRAY BEACH: Accept the actual cost of nuisance abatement liens in the amount of $464.00 for CRA acquired property located along West Atlantic Avenue. ACCEPTANCE OF A RIGHT-OF-WAY DEED FOR ROYAL PALM DRIVE: Approve and accept a right-of-way deed for Royal Palm Drive associated with Amelung Manufacturing, Inc. 02-20-01 Eo Fo RATIFICATION OF OLD SCHOOL SQUARE BOARD OF DIRECTORS: Ratify the list of appointees to the Old School Square Board of Directors as of January 16, 2001. TEMPORARY USE PERMIT/SOUTH FLORIDA PARENTING: Approve a temporary use permit for the closure of a portion of NE lsst Avenue between the CRA parking lot entrances for a Family Block Party at Old School Square presented by South Florida Parenting on March 24th and 25th between 10:00 a.m. and 5:00 p.m. REMOVED CANCELLATION OF BID AWARD AND APPROVAL OF CONTRACT/ Ho LUIS CINTRON'S LAWN SERVICE INC.: Approve the cancellation of award of bid to Kim's Florida Garden and award to second low bidder, Luis Cintron's Lawn Service Inc. for landscape maintenance - South Federal Highway and Congress Avenue at an estimated annual cost of $17,589.00. Funding is available from 119- 4144-572-46.40 (Beautification Maintenance). RESOLUTION NO. 16-01: Approve a resolution for action necessary for the emergency board-up of an unsafe structure located at 213-215 SE 9th Street. RESOLUTION NO. 17-01: Approve a resolution for action necessary to abate nuisances on fifteen (15) properties throughout the City. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period February 5th through February 12, 2001. LETTER OF INTENT/FLORIDA TELEPORT: Approve a Letter of Intent with Florida Teleport, a new communication company. They are interested in obtaining a nonexclusive franchise agreement. AWARD OF BIDS AND CONTRACTS: Purchase award in the amount of $18,650.00 to FireCo, Inc. for the purchase of a thermal imaging camera with funding in the amount of $16,000.00 from 115-0000-248-64.00 (Special Projects Fund) and $2,650.00 from 001-2315- 526-64.90 (Other Machinery/Equipment). Bid award in the amount of $999,489.89 to Florida Blacktop, Inc. for the 2000 Roadway Bond Programs - NW Area Infrastructure Improvement Project. Funding in the amount of $481,231.89 from 370-3162-541-65.44 (2000 Roadway Bond Program), $200,418.00 from 448-5461-538-65.51 02-20-01 (Storm Water Utility Fund), and $317,840.00 from 442-5178-536-65.51 (Water & Sewer Repair & Replacement). o Various bid awards for vehicle replacement from Florida Sheriff Association Contract, as specified in Attachment "B" and from the State of Florida Contract, as specified in Attachment "C" in the backup. Funding is available from 501-3312-591-64.20 (Central Garage/Automotive) in the amount of $854,135.00. Award contract in the amount of $66,500.00 to Dr. Randall Wolff, M.D., to provide Clinical Services to the City, funding is available in various department budgets. REGULAR AGENDA: A. MUSEUM OF LIFESTYLE & FASHION HISTORY, INC., GRANT: Direction concerning grant in the amount of $5,000.00 to the Museum of Lifestyle & Fashion History, Inc. B. APPEAL OF HISTORIC PRESERVATION BOARD DECISION/PATRICK LYNCH RESIDENCE: Consider an appeal of Historic Preservation Board decision regarding the Patrick Lynch residence located at the northwest corner of A1A and Nassau Street. QUASI-JUDICIAL PROCEEDING WAIVER REQUEST TO REDUCE OPEN SPACE REQUIREMENT/BLOCK 69 MUNICIPAL PARKING GARAGE: Consider a request to waive LDR Section 4.4.13(F)(2) to reduce the required 10% open space to 8.3% open space for the Block 69 Municipal Parking Garage, proposed to be located on the west side of SE 1st Avenue, approximately 250 feet south of East Atlantic Avenue. QUASI- JUDICIAL PROCEEDING APPEAL OF HISTORIC PRESERVATION BOARD DECISION/RECTORY PARK SITE PLAN MODIFICATION: Consider an appeal of Historic Preservation Board decision regarding Rectory Park Apartments. QUASI- JUDICIAL PROCEEDING REQUEST FOR EXTENSION OF TEMPORARY CERTIFICATE OF Fo OCCUPANCY/LAKEVIEW BAPTIST CHURCH: Consider a request to allow the extension request for a temporary certificate of occupancy for Lakeview Baptist Church to allow the use of the fellowship hall and classroom, prior to construction of the stabilized sod parking area and improvement to the south parking area. REQUEST TO ALLOW A TEMPORARY OFFICE FACILITY AT SHERWOOD PONTIAC: Consider a request to allow a temporary office facility at Sherwood Pontiac, located on the west side of South Federal Highway, south of Linton Boulevard. 02-20-01 G. SPECIAL EVENT REQUEST FOR WALGREEN'S RED RIBBON RIDE: Ho Consider approval of the temporary use permit for the use of Anchor Park site and building for the Walgreen's Red Ribbon Ride on April 1, 2001. APPOINTMENTS TO THE EDUCATION BOARD: Appoint two (2) members to the Education Board to fill unexpired terms ending July 31, 2002. The appointments will be made by Commissioner Archer (Seat #2) and Commissioner Schwartz (Seat #3). RELOCATION OF THE REGULAR CITY COMMISSION MEETING OF 10. 11. MARCH 6, 2001: Consider moving the Regular City Commission Meeting of March 6, 2001 to another location due to the Citrix Tournament. AWARD OF BID TO C.K. LOCKSHOP (SECOND LOW BIDDER): Consider an award of bid to C.K. Lockshop & Security (second low bidder) for the upgrade of video security and electronic control systems for the Police Department in the amount of $34,980.00. Funding is available form 334-6112-519-63.22 (General Construction Fund). PUBLIC HEARINGS: RESOLUTION NO. 14-01: A resolution providing for the certification and adoption of the final assessment roll for the Pineapple Grove Entrance Special Assessment District. ORDINANCE NO. 6-01 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending LDR Sections 4.4.13(G) and 4.4.24(G) by modifying the one time one space parking reduction within the Central Business District and the Old School Square Historic Arts District. ORDINANCE NO. 15-01: An ordinance designating the Water House located at 916 and 918 N.E. 5th Street as a local historic site and adding it to the Local Register of Historic Places. Do RESOLUTION NO. 15-01: A resolution authorizing the sale of City-owned property (Lot 10, Block 10, Atlantic Gardens) located at 237 SW 11th Avenue as part of the City's Renaissance Program. 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 02-20-01 12. 13. FIRST READINGS: NONE COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission 02-20-01 CITY COMMISSION CITY OF DELRAY BEACH, FLORIDA REGULAR MEETING - FEBRUARY 20, 2001 6:00 P.M. - COMMISSION CHAMBERS AGENDA ADDENDUM THE REGULAR AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEMS: o REGULAR AGENDA APPOINTMENT TO THE TENNIS FACILITIES TASK TEAM: Amend Resolution No. 3-01 and appoint an additional member to the Tennis Facilities Task Team representing the business community as recommended by the Chamber of Commerce. SETTLEMENT OFFER/SULLIVAN vs. CITY: Consider the acceptance of a settlement offer in Sullivan vs. City, in the amount of $80,000.00. 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. FEBRUARY 20, 2001 A Regular Meeting of the City Commission of the City of Delray Beach, Florida was called to order by Mayor David Schmidt in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, February 20, 2001. 1. Roll call showed: e prayer. e Present - Commissioner McCarthy Commissioner Jeff Perlman Commissioner Bill Schwartz Mayor David W. Schmidt Absent - Commissioner Patricia Archer Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby Father Donald Munroe with St. Vincent Ferrer Church delivered the opening The Pledge of Allegiance to the flag of the United States of America was given. Agenda Approval. Mayor Schmidt noted the addition of Item 9.K., Appointment to the Tennis Facilities Task Team and Item 9.L., Settlement Offer/Sullivan vs. City to the Regular Agenda by addendum. In addition, Mayor Schmidt moved Item 9.J., Award of Bid to C.K. Loekshop (Second Low Bidder) of the Regular Agenda to Item 9.A.A. Mr. Perlman moved to approve the agenda as amended, seconded by Mr. Schwartz. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. Approval of Minutes: None. 6. Proclamations: 6.A. Calling for a Special Election to be held on March 13, 2001, on the Library referendum question. Mayor Schmidt presented a proclamation regarding the Special Election on Tuesday, March 13, 2001, between the hours of 7:00 a.m. and 7:00 p.m. He stated that the issue 02/20/01 on the ballot is the Library referendum and encouraged everyone to take the time and vote. At this point, Mayor Schmidt congratulated Commissioner Perlman who was re- elected without opposition. The City's newest Commissioner will be Jon Levinson who will be taking over for Commissioner Schwartz when his term expires. 7. Presentations: 7.A. RESOLUTION NO. 18-01: A resolution recognizing and commending Robert Phillips for thirty years of dedicated service to the City of Delray Beach. The caption of Resolution No. 18-01 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING ROBERT PHILLIPS FOR THIRTY YEARS OF DEDICATED YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. (The official copy of Resolution No. 18-01 is on file in the City Clerk's office.) Mayor Schmidt read and presented Resolution No. 18-01. He also presented a plaque to Robert Phillips for thirty years of dedicated service to the City of Delray Beach. 7.B. Special Merit Award to Robert Bullard, Utility Maintenance Manager, for his suggestion regarding elimination of odors from Lift Stations and removal of the existing wet scrubber from service, thereby reducing annual maintenance cost of $10,740 for equipment no longer needed. Dick Hasko, Director of Environmental Services, recognized and commended ,Robert Bullard, Utility Maintenance Manager, for his suggestion regarding elimination of odors from Lift Stations and removal of the existing wet scrubber from service, thereby, reducing annual maintenance cost of $10,740 for equipment no longer needed. On behalf of the City, Mayor Schmidt presented Robert Bullard with a check in the amount of $2,148.00, representing 20% of the annual maintenance cost for the wet scrubber. 7oC. All-America City Steering Committee Jay Alperin, former Mayor, stated that he and Chuck Ridley, Executive Director of MAD DADS, were asked to co-chair a steering committee for the All-America City Competition and noted the steering committee consists of 17 members. Mr. Alperin explained that the All-America City Award means we live in a community that is willing to identify its shortcomings and its problems and find creative solutions for them. Mr. Alperin stated the various projects are driven by need not by a need for -2- 02/20/01 reward. However, he feels what better way to reward the extra effort put forth by so many dedicated people then to submit their accomplishments in a nationwide competition for further valid.ation and endorsement. Mr. Alperin feels that winning the award in 1993 did more for our City then anyone could imagine. He presented the Commission with details of the application and asked for support from the Commission and the citizens of Delray Beach. 7.D. Delray Beach Housing Authority - Award of Appreciation for City Support at Carver Estates Mayor Schmidt noted that on February 16, 2001 the Delray Beach Housing Authority gave the City an award in appreciation for the City's support of the improvement efforts at Carver Estates. The City Manager stated that at the ribbon cutting ceremony of February 16th, a number of City employees were recognized. The City Manager commended Nancy Davila, City Horticulturist, who did the design work, and also recognized the Police offic&rs assigned there, as well as some employees of the Delray Beach Housing Authority. goAo CONSENT AGENDA: City Manager Recommends Approval. APPROVAL OF POLL WORKERS FOR MUNICIPAL SPECIAL ELECTION: Approval of the poll workers for the municipal special election on March 13, 2001. 8.B.__~. KLASFELD v. CITY OF DELRAY BEACH: Accept the actual cost of nuisance abatement liens in the amount of $464.00 for CRA acquired property located along West Atlantic Avenue. 8oC. ACCEPTANCE OF A RIGHT-OF-WAY DEED FOR ROYAL PALM DRIVE: Approve and accept a right-of-way deed for Royal Palm Drive associated with Amelung Manufacturing, Inc. .8.D. RATIFICATION OF OLD SCHOOL SQUARE BOARD OF DIRECTORS: Ratify the list of appointees to the Old School Square Board of Directors as of January 16, 2001. 8.E. TEMPORARY USE PERMIT/SOUTH FLORIDA PARENTING: Approve a temporary use permit for the closure of a portion of NE 1 sst Avenue between the CRA parking lot entrances for a Family Block Party at Old School Square presented by South Florida Parenting on March 24th and 25th between 10:00 a.m. and 5:00 p.m. g. Fo THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. CANCELLATION OF BID AWARD AND APPROVAL OF CONTRACT/ LUIS CINTRON'S LAWN SERVICE INC.: Approve the cancellation of award of bid to Kim's Florida Garden and award to second low bidder, Luis Cintron's Lawn Service Inc. for landscape maintenance - South Federal Highway and Congress Avenue at an estimated annual cost of $17,589.00. Funding is available from 119-4144-572-46.40 (Beautification Maintenance). -3- 02/20/01 8.H. RESOLUTION NO. 16-01: Approve a resolution for action necessary for the emergency board-up of an unsafe structure located at 213-215 SE 9t~ Street. The caption of Resolution No. 16-01 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND (S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (The official copy of Resolution 16-01 is on file in the City Clerk's Office.) 8.1. RESOLUTION NO. 17-01: Approve a resolution for action necessary to abate nuisances on fifteen (15) properties throughout the City. The caption of Resolution No. 17-01 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELP, JkY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND (S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A -4- 02/20/01 8.J. LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (The official copy of Resolution No. 17-01 is on file in the City Clerk's office.) REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period February 5th through February 12, 2001. 8.K. LETTER OF INTENT/FLORIDA TELEPORT: Approve a Letter of Intent with Florida Teleport, a new communication company. They are interested in obtaining a nonexclusive franchise agreement. 8.t. AWARD OF BIDS AND CONTRACTS: Purchase award in the amount of $18,650.00 to FireCo, Inc. for the purchase of a termal imaging camera with funding in the amount of $16,000.00 from 115-0000-248-64.00 (Special Projects Fund) and $2,650.00 from 001-2315-526-64.90 (Other Machinery/Equipment). e Bid award in the amount of $999,489.89 to Florida Blacktop, Inc. for the 2000 Roadway Bond Programs - NW Area Infrastructure Improvement Project. Funding in the amount of $481,231.89 from 370-3162-541-65.44 (2000 Roadway Bond Program), $200,418.00 from 448-5461-538-65.51 (Storm Water Utility Fund), and $317,840.00 from 442-5178-536-65.51 (Water & Sewer Repair & Replacement). e Various bid awards for vehicle replacement from Florida Sheriff Association Contract, as specified in Attachment "B" and from the State of Florida Contract, as specified in Attachment "C" in the backup. Funding is available from 501-3312-591-64.20 (Central Garage/Automotive) in the amount of $854,135.00. e Award contract in the amount of $66,500.00 to Dr. Randall Wolff, M.D., to provide Clinical Services to the City, funding is available in various department budgets. Commissioner Schwartz moved to approve the Consent Agenda, seconded by Commissioner Perlman. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. J REGULAR AGENDA: -5- 02/20/01 9.A.A. AWARD OF BID TO C.K. LOCKSHOP (SECOND LOW BIDDER): Consider an award of bid to C.K. Lockshop & Security (second low bidder) for the upgrade of video security and electronic control systems for the Police Department in the amount of $34,980.00. Funding is available from 334-6112-519-63.22 (General Construction Fund). The City Manager stated the City had a system that was installed when the building was built and the City had to move it when the communications center was moved in order to install the new radio system in the old center. Staff is recommending award to second low bidder as they feel C.K. Lockshop have the best understanding of the requirements, and are better able to successfully complete the job in a timely manner. During their review with our staff of the requirements and concerns with the current system, they had a better understanding of our needs, concerns and requirements. The City has also established a good relationship with C.K. Lockshop and staff feels they are more than capable of successfully completing the project. Commissioner Perlman moved to approve the award of bid to C.K. Lockshop & Security (second low bidder) for the upgrade of video security and electronic control systems for the Police Department in the amount of $34,980, seconded by Commissioner Schwartz. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mr. Schwartz - Yes. Said motion passed with a 4 to 0 vote. 9.A. MUSEUM OF LIFESTYLE & FASHION HISTORY, INC., GRANT: Direction concerning grant in the amount of $5,000.00 to the Museum of Lifestyle & Fashion History, Inc. The City Manager stated that the Commission previously approved a grant to the museum contingent on the Community Redevelopment Agency (CRA) also approving a grant in the amount of $5,000. Unbeknownst to the City, the CRA had recently adopted a policy limiting charitable organization contributions to $1,000. The City Manager stated due to the cancellation of the Corporate Games, the City could transfer $5,000 from that event to the Museum of Lifestyle & Fashion History, Inc. as a grant. Lori Durante, Director-Curator of the Museum of Lifestyle & Fashion History, Inc., stated the $1,000 grant is a new standard grant that the CRA offers towards non-profit organizations for their programs and events. However, Ms. Durante stated that one could still apply for a grant as it relates to redevelopment, construction, and site plan. After the CRA approved the $1,000, Ms. Durante stated that they enthusiastically expressed support of granting additional money to fund that area of the Museum of Lifestyle & Fashion History. Commissioner Perlman moved to approve the grant in the amount of $5,000 to the Museum of Lifestyle & Fashion History, Inc., seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mr. Schwartz - Yes. Said motion passed with a 4 to 0 vote. 9.B. APPEAL OF HISTORIC PRESERVATION BOARD DECISION/PATRICK LYNCH RESIDENCE: Consider an appeal of Historic Preservation Board decision regarding the Patrick Lynch residence located at the northwest corner of A1A and Nassau Street. QUASI-JUDICIAL PROCEEDING -6- 02/20/01 Mayor Schmidt asked the Commission to disclose any ex parte contacts. At this point, Mayor Schmidt entered into the record a letter dated November 2, 2000 from Cathy Appleton before the appeal was filed but it did relate to this application. In addition, Mayor Schmidt noted he received a letter dated February 14, 2001 from the Beach Property Owners' Association (BPOA). Mayor Schmidt disclosed for the record that he represented Mr. Lynch approximately a year ago in some litigation and clarified that at this time Mr. Lynch is not a client. Mayor Schmidt stated he and Nancy E. Stroud, attorney, who is representing the appellants, have acted as co-counsel on a few matters. Commissioner Schwartz commented that he received a call from Mr. Lynch, which' he discussed at great lengths as to why he felt that the appeal should be positive. Commissioner McCarthy stated that she received telephone calls from neighbors who are concerned with parking issues, along with calls from Mr. Patrick Lynch and Mr. Weiner. Commissioner Perlman stated that he had a telephone conversation with Mr. Weiner, counsel to Mr. Lynch, had a phone conversation several months ago with Dr. Appleton as well as receiving the February 14, 2001 letter from the Beach Property Owners' Association (BPOA). At this point, Mr. Schwartz stated he forgot to mention previously that Mr. Weiner also called. Mayor Schmidt stated that he too spoke to Mr. Lynch, Mr. Weiner, and Ms. Stroud. For the interest of the public, Mayor Schmidt announced there are four issues which have been four issues raised on appeals and these will be the only issues that testimony will be taken for this evening. Mayor Schmidt announced that the four actions regarding this appeal are as follows: 1. Approval of internal adjustments to allow a reduction in the distance between residential buildings from the required 19'11" to 4'6", 19'2" to 9', and 16' to 12'6". 2. Approval of a Class II site plan modification for the Patrick Lynch residence, subject to certain conditions. 3. Approval of the Landscape Plan for the Patrick Lynch residence as amended to add landscaped trees between the buildings and in the courtyards. e Approval of the elevations for the Patrick Lynch residence. The City Attorney stated this item would be conducted as quasi-judicial hearing that allows for presentations by all involved parties, the admission of documents into the record -7- 02/20/01 and public testimony. Barbara Garito, Acting City Clerk, swore in those individuals who wished to give testimony on this item. The City Attomey noted that the order of the proceedings this evening will be as follows: (1) Planning Director will make a presentation, (2) appellant or the appellant's representative will make a presentation, (3) property owner, and (4) any citizens wishing to speak. Paul Dorling, Planning Director, stated that the development proposal that is being appealed includes the construction of a 2na floor addition on the guest house (north building) and conversion of the structure from an illegally converted duplex to a single family dwelling; construction of a one story addition on the main house (south building); construction of a pool and deck on the east side of the property; construction of a 3'-4' high masonry wall on the south and east sides of the property; and, installation of associated landscaping. Also included with the proposal was a variance request to reduce the front and side setbacks and an internal adjustment to allow a reduction in the separation required between residential buildings, which are internal to the site. At its meeting of January 17, 2001, the Historic Preservation Board approved the Class II site plan modification, variance, internal adjustment, landscape plan and design elements associated with Certificate of Appropriateness-428. City staff and the applicant offered testimony, which supported the development proposal. There was public testimony in opposition to the request. The objections mainly related to the number of units on the property, the variance request, the adequacy of parking, and the proposed separation between buildings. With respect to the number of units, it was alleged at one time that there were four units existing on this site. The development is now converting the duplex into a single family home that will result in three units, which is permissible under the current zoning district. With respect to the parking, this parking lot now provides five spaces. Seven parking spaces are required with three units. However, this was an existing situation which gbes back to 1994 where a COA was issued before the conversion of the unit from a garage to a single family unit at which time there were two parking spaces for the two units in the garage. It was acknowledged with the conversion the installation of a five space parking lot would in fact make the parking more conforming and that is why it was approved this way. The internal adjustments were discussed at length by the Board who felt that the reduction in building separation would not diminish the practical application of the separation requirement and that a superior product would result. With respect to the two reductions, one of the factors in their deliberation was that this was for an open-air porch and balcony and did not involve actual enclosed floor area. Overall, it was the Board's consensus that the proposed modifications are in keeping with the existing style of the historic structures located on the property as well as the scale of neighboring structures. Therefore, the proposed design elements and elevations are in compliance with the Land Development Regulation requirements of Section 4.6.16, Section 4.6.18 and Section 4.5.1. -8- 02/20/01 At this point, Mr. Dorling entered into the record the Planning and Zoning project file #2001-20 and an aerial drawing as an exhibit. For the record, the City Attorney announced to the appellant that Mr. Weiner who is representing Mr. Lynch did enter into the record two letters. One letter objecting to whether the appellant had standing, another letter objecting to the timeliness of the appeal. Nancy Stroud, Esq. representing the appellants Dr. Cathy Appleton, Mr. Bud Siddall, and Mr. & Mrs. Andrew Katz, stated that this property is on the comer of Nassau Street and Ocean Boulevard or A-1-A. Nassau Street district extends down A-1-A west down the hill. Ms. Stroud stated she believes this property was reviewed in terms of Ocean Boulevard and not in terms of Nassau Street. Fran Katz, 220 S. Ocean Boulevard, thanked the Commission for the opportunity to address them on the topic of the landscape plan for 226 S. Ocean Boulevard. Ms. Katz noted that she was unable to present her concerns with the landscape plan for 226 S. Ocean Boulevard at the Historic Preservation Board meeting of January 17, 2001. She stated the public comments were curtailed and she was not able to give her 3-minute presentation. She presented the proposed landscape plan to the City Commission and distributed photographs of Coconut Palms, which overlap her property line and roof. At this point, Ms. Katz entered the landscape plan and photographs into the record. To soften the appearance of the landscaping, Ms. Katz suggested that one coconut palm or a smaller variety of trees be planted in the northeast comer of Mr. Lynch's property. Ms. Katz reiterated that she did not have the opportunity to present her concerns with the landscape plan at the HPB meeting of January 17, 2001, and urged the Commission to amend the proposed landscape plan. Andy Katz, 220 S. Ocean Boulevard, stated that the amount of square footage of green space on the'property shows the reduction from current status to the proposed status of only 932 square feet. In actuality, the amount of green space being taken away is 1900 square feet. The location in the design of the air conditioning and trash enclosure was not fully addressed. Specifically no air conditioning units are shown for that north building. Currently, there is a unit there and an additional unit is going to be needed. Mr. Katz informed the Commission that this was never brought up in the discussion with the Historic Preservation Board and in addition, details on the trash enclosure was not brought out. Mr. Katz informed the Commission that the landscape plan his wife handed out to them is the amended plan. There is a mention to matching a fence to an existing fence but stated there is no fence to match along that north line. The site plan of the property showed a masonry wall continuing from the proposed masonry wall along A-1-A and making a left turn along the north part of the property, the height of that fence is approximately 6 feet tall. He stated there would be a masonry wall along the north/south line of A-1-A to a wooded fence extending a third of the way east to west. -9- 02/20/01 Another issue concerning Mr. Katz is the intemal adjustment issue. It is not only that an internal adjustment for the spacing between the properties is being given but the degree of the adjustment is very severe because the formula for the required separation between those two buildings scales with the height of the building. Mr. Katz stated by allowing a significant increase in the height of the building forces the requirement between the two buildings to 20 feet (give or take a few inches). Mr. Katz stated that Mr. Lynch was fully aware of the restrictions when he purchased the property. In addition, after converting the garage into an apartment in which he received retroactive approval for, Mr. Lynch signed a Declaration of Unity of Title dated and recorded in the month of August 1994, which states this property, cannot be subdivided. Mr. Katz entered the Unity of Title into the record. In conclusion, Mr. Katz urged the Commission not tO approve this development proposal by allowing this in the historic district. Dr. Cathy Appleton, thanked the Commission for allowing her the opportunity to address her concerns related to the development project under appeal. She entered Dr. Donald Curl and Dr. Norton's testimony into the record. She urged the Commission to disapprove this development project and uphold the request from the community that the City preserves Delray's history. Bud Siddall, appellant and resident of 1127 Nassau Street, discussed and expressed concerns over the following three items: (1) history of the development of the property, (2) the intensity of its use, and (3) desire of the community to preserve the historical integrity of the dwellings. Michael Weiner, attorney representing Mr. Lynch, noted that he noticed the appellant came hcrc this evening saying they were going to challenge thc LDR's and thc Comprehensive Plan. Mr. Wcincr stated that them was not one mention of the Comprehensive Plan so hc must assume that the appellant decided that it did meet thc terms of thc 'Comprehensive Plan and therefore, let the entire issue fail. Mr. Weiner entered a binder into the record and reviewed four successful motions before the Historic Preservation Board on the residence that is owned by Mr. Lynch. Mr. Weiner stated this is being done in accordance with Section 2.4.7(E) of the LDR's. He noted on page four of the Historic Preservation Board Report it references "The required variances meet the required basis provided in Section 4.5.1(J), regarding the preservation of historic character and the adaptive reuse of the property." Furthermore, Mr. Weiner gave a brief overview of the Historic Preservation Board's approval of a Class II site plan modification, internal adjustment, landscape plan and design elements associated with the Patrick Lynch residence. At this point, Mr. Weiner entered into the record the credentials of Mr. Roger Cope, Architect and agent for Patrick Lynch. Roger Cope, Architect and agent for Patrick Lynch, stated that this a 2-'A story 02/20/01 house; the ½ story is nothing more than reclaiming attic space by creating a 300 square foot office. A critical component of the internal adjustment in the very fact that there are open air existing walls that encompass a patio that is original to the 1935 home. He stated they would be diminishing the historical significance of the property if in fact the wall were moved. He stated this space is being conditioned by putting a roof on it, etc. The entire purpose of this is to make the main historical house on the property more livable. He stated this property is an anchor into the 3-block long historic district of Nassau Park. This is a 0.41 acre piece of property and Mr. Cope stated it is appropriate in terms of the size of the property. Mr. Lynch will be making this his primary residence. Whether this is viewed from an A-1-A perspective or a Nassau Street perspective, Mr. Cope stated that this is a 2-½ story structure that is in fact along the north edge of the property. In terms of a massing, Mr. Cope feels this is not out of the ordinary and is compatible with the rest of the 2-story homes on Nassau Street. Mr. Schwartz asked for the definition of a "cottage". Mr. Cope explained that in his perspective this deals with the materials and the fact that they are trying to take the least historic structure of the three and blend it in with the resort cottage style of architecture that the two 1930's structures have while using other components. He reiterated that he thinks the three buildings and the dynamic they create between themselves and how they sit on a site defines the meaning of cottage. Michael Weiner, stated that the Historic Preservation Board made four motions. (site plan, landscape plan, and elevations) pursuant to minutes. Mr. Weiner stated that HPB mentioned particular LDR's that they themselves found positive findings on. For example, Mr. Weiner made reference to Section 4.16.18 (tab //8 of the binder) and stated that HPB made approximately five different references to the word harmony. Second, Mr. Weiner made reference to Section 4.5.1 (tab//9 of the binder) and stated that there are no less than 15 mentions of compatibility. Mr. Weiner pointed out to the Commission that the members appointed to HPB are professionals in landscape architecture/architecture and feels they are experts in the field. Mr. Weiner reiterated that all the reports state that these particular resolutions met all the standards of the LDR's. Under the Coastal Management element in the Comprehensive Plan Mr. Weiner explained that it states that the City has a Historic Preservation ordinance which is 'administered by the Historic Preservation Board. That ordinance requires an issuance of a Certificate of Appropriateness. In conclusion, Mr. Weiner announced that since there is nothing found in the testimony that states the Historic Preservation Board in any way made a mistake, the Commission is therefore required by law to vote in favor of this particular appeal. Suzanne L. Barley, 1119 Nassau Street, who has lived at this residence for 61 years, stated her home is one of 15 historic homes built between the years of 1935-1940. Ms. Barley stated many of the owners have added more living space without changing the look, size, style or character of his or her home. In 1992, after much protest by the residents of Nassau Street, Ms. Barley stated that one of the main criteria in the historic district was that the buildings would be compatible in height with the existing buildings. The pile drivings the City permitted in order to erect such large structures caused damage to homes on Ocean Terrace, Bay and Nassau Street. Ms. Barley stated damage caused to her home was in excess of $70,000. The Historic Preservation has approved an oversized structure on the northwest comer of Nassau Street and A-I-A. With regard to the wall, Ms. Barley stated that the City already has what the -11- 02/20/01 City permits as far as height at the northeast comer of Nassau Street and Gleason Street which is 3 feet graduating to 4 feet high. She feels that what is being proposed for Mr. Lynch's property will be far more dangerous because no one will be able to see in either direction to go out onto A-1-A. She also expressed concerns regarding flooding on Nassau Street whenever there is heavy rain. In conclusion, she reiterated and urged the Commission to keep historic architecture and protect the existing homes from further damage. Kevin Warner, 248 Venetian Drive and representing the Beach Property Owners Association, echoed Mr. Weiner's comments and noted that Section 4.5.1(E) of the LDR's have numerous references to height restrictions, size limitations, etc. Mr. Warner stated that ruling by law is something the Commission needs to keep in mind and read the following from Objective A. 10 of the Comprehensive Plan: "The City shall support the conservation and rehabilitation of historically significant housing, especially where such housing is an identifying characteristic of a particular neighborhood." Mr. Warner stated that it is his observation based upon the petition submitted and testimony given this evening that the majority of the community strongly opposes this project. Mr. Warner stated that Mr. Lynch has broken the law regarding the renovations he has done on his property and feels this is a sole attempt to increase the financial interest in his property. Mr. Warner made a reference to page 9 of the HPB Staff Report (Assessment and Conclusion section) where it explains that the additional square footage will provide an improved product while the proposed pool will allow for additional amenities to the residents. Mr. Warner stated he does not feel that is a benefit staff should have relied upon for suggesting that the Commission approve. John Bennett, President of PROD, stated that he attended the Historic Preservation Board meeting of January 17, 2001, and feels that the public comment was curtailed. Mr. Bennett feels that some of the HPB members under estimated their own authority Io deny demolition (reference: Section 4.5.1(F) of the LDR's). Cynthia Junghans, 200 S. Ocean Boulevard, strongly opposes HPB's approval of this project and feels it will change the character of Nassau Street and A-1-A. She feels this is extremely unfair to the citizens of Delray Beach and commented that Mayor Schmidt is not fully listening to the citizens. She also feels this project is a fire hazard. Ms. Junghans stated that if Mr. Lynch is willing to sell the property, she does not foresee a problem with someone purchasing the property in order to keep it in its current condition. In conclusion, she encouraged the Commission to take into consideration all comments and concerns expressed by citizens this evening. At this point, Mayor Schmidt clarified that he has not terminated anyone from speaking because of time. There were four specific points raised regarding the appeal and he has tried to limit the testimonies to those four points. Mayor Schmidt inquired about the landscaping plan and the addition of trees -12- 02/20/01 between the building and the courtyard. Michelle E. Hoyland, Planner, stated this was a condition of approval made by the HPB and the area to be added is to mitigate the elevations between the courtyard of the pool and the building itself in front of the existing wall that is going to be enclosed. Ms. McCarthy questioned the drawings of the landscaping on the north side and inquired as to whether or not there is additional landscaping on Mr. & Mrs. Katz's property. There are some sea grapes along the southern wall and some landscaping on the southeast comer. Upon question from Ms. McCarthy, Ms. Katz stated the type of tree is so large already encroaching on her property. Ms. Stroud, Esq., stated there is too much to really mitigate the landscaping. Mr. Katz stated that the trees are all low bushes. Ms. McCarthy stated she is confused about this property due to the fact that it has an A-1-A South Ocean Boulevard address and asked for clarification regarding whether the property is part of the historic district. In response to Ms. McCarthy's concern, Mr. Dorling, Planning Director explained that this property is indeed part of the historic district. With regard to the ingress and egress, Ms. McCarthy asked for clarification regarding the ingress and egress off Nassau Street and whether or not this has always been like this because of the amount of traffic on South Ocean Boulevard. For clarification, Mr. Dorling stated the property has an A-1-A address because it has frontage on A-1-A. According to City Code, you take the two sides and the side that is the higher of the two is considered the higher classified street and therefore becomes its frontage. Therefore, Mr. Dorling explained the property is addressed off A-1-A. Mr. Perlman stated there seems to be a discrepancy regarding the amount of green space. Ms. Hoyland stated there was a typo on the plans that will be clarified with the site plan .certification. In addition, Mr. Perlman inquired as to whether the Fire Department report has been entered into the record and asked if Mr. Weiner could explain the significance of the Declaration of the Unity of Title. Mayor Schmidt stated he believes the Fire Department report has not been entered into the record. Mr. Weiner stated at this point he would object to the Fire Department report being entered into the record. Mr. Weiner stated he did respond to this by noting that there would be no punctures in those particular walls. Mayor Schmidt stated that he would enter the report into the record as evidence. Originally, Mr. Weiner stated that this was reviewed by the Fire Department. Mr. Weiner reiterated that we do not have in the record what the testimony was before the HPB, but it feels it is safe to assume that HPB accounted for this in taking into consideration these particular matters. Mr. Weiner stated he does not feel that the testimony in any way will harm the decisions made by the HPB. With regard to the Declaration of the Unity of Title, Mr. Weiner explained that the land cannot be subdivided but it does not mean that the land cannot be rented. Furthermore, Mr. Weiner stated it could be a rental situation and does not necessarily mean that it has to be subdivided and sold as townhomes. -13- 02/20/01 Mayor Schmidt stated he would like to add an additional comment to Mr. Weiner's statement by explaining that a Unity of Title is not permanent as it was alluded to this evening. The document that was entered into evidence states on it that the City can release it. Mayor Schmidt asked a procedural question regarding imposing conditions and possibly making a change to LDR Section 2.4.7(E) in any way as it relates to this appeal. Mayor Schmidt asked the City Attorney if the City chooses to uphold the appeal would it be possible to change any of the conditions that were imposed by the Historic Preservation Board? With regards to Section 2.4.7(E) of the LDR's, the City Attorney stated and it is her understanding that the intent of this section would allow for this type of condition. In reference to this proposal, Ms. McCarthy asked if they are changing a percentage of the existing structure to the degree that it would no longer be able to maintain the historic preservation designation? In response, Ms. Stroud, stated that when looking at changes to historic properties (adding or deleting) one must look at whether or not it is going to change the character of the property, the height and compatibility. Ms. Stroud noted that there is no percentage involved. Mr. Weiner stated there could be some confusion because with the fact that when something bums down and is destroyed by more than 50% then it is considered a non- conforming use. He stated none of the City's ordinances have any kind of percentages on what must remain of a particular historic structure. Although the City does not have a percentage, Mr. Dorling stated it is important to note that the northern structure is not historic because it was built in 1963 but it is within the district. Ms. Stroud stated that the City Code states contributing and non-contributing structures and feels the structure has to be evaluated. Mr. Schwartz moved to grant the appeal of the Historic Preservation Board, seconded by Mr. Perlman (for discussion). Upon roll call the Commission voted as follows: 'Mayor Schmidt - No; Mr. Perlman - No; Mr. Schwartz - Yes; Ms. McCarthy - No. Said motion failed by a 3 to 1 vote. Prior to the vote, the following discussion ensued. Mayor Schmidt stated that contrary to a few comments made this evening, the City's Code and LDR's, clearly anticipates that you can have additions to existing property as well as development in the historic areas. He stated that the reason for the HPB is to have experts in that area review those processes and feels confident to rely on the them. He stated there is no evidence that addresses the LDR's and stated he has reviewed the plans and feels what Mr. Lynch proposes to do will enhance the area. Mayor Schmidt stated he would not support the motion. -14- 02/20/01 Mr. Schwartz stated the citizens have spoken loud and clear and feel this is evident by the number of petitioners that the surrounding neighborhoods are opposed to Mr. Lynch's proposal. As it stands right now, Mr. Schwartz stated this is a non-conforming use and does not have the correct setbacks. He does not believe it is proper to compound a non- conforming use by compounding it with further increasing a non-conforming usage because he does not see it as a benefit to the City or the neighbors surrounding this particular location. Mr. Schwartz stated his interpretation of a cottage is not a 2-½ story building and feels the appeal should be supported. Ms. McCarthy stated she is here to represent everyone and her perception of a cottage is a little different from that of Commissioner Schwartz because she grew up in a 2-story cottage and confirmed that the zoning for this property is RM (Multiple Family Residential - Medium Density). Ms. McCarthy expressed concerns over comments made be a few citizens this e'x/ening about landscaping being to large and creating a hazard along A-1-A. Ms. McCarthy stated she cannot speak against this project when referring to the what this property is zoned for, where they are going with this, and what the City has to work with. However, she would like to get direction on how she can address her other two concerns as mentioned above. Mayor Schmidt stated that if the motion to approve the appeal were passed, then this would put this at an end. If the Commission votes against the appeal, then another motion could be made and the conditions can be changed. At this point, Ms. McCarthy inquired about the wall. Mr. Dorling stated that the wall was a part of the Class II site plan modification and it involves a combination of 3 feet and 4 feet. The 3 feet (at intersection of Nassau Street and A-l-A) is provided at the 40' triangle, which is required to be at a height no higher than 3 feet by the LDR requirements. Mr. Dorling stated that in the LDR's it states that 3 feet is an adequate height to provide visibility in that 40- foot triangle. Mayor Schmidt asked if the LDR's allows the City to reduce the height. In response, Mr. Dorling stated that is possible that the height restriction be reduced through a waiver process. Mayor Schmidt inquired as to whether the City could impose this as one of the conditions. The City Attorney stated that if the developer would agree to a certain condition then it would be acceptable. For example, the City Attorney suggested that an acceptable condition would be that the Commission defers this to the City Engineer to conclude that if there has to be a lesser height to eliminate any site distance problem that may occur because of a curve. Mr. Weiner stated if this is the case then he is willing to accept the condition. Mr. Perlman echoed Mr. Schwartz's comments about representing the citizens and making everyone happy. However, Mr. Perlman feels the LDR's and the Comprehensive Plan meets the criteria as staff has advised as well as the experts on the HPB. Ms. McCarthy moved to deny the appeal and uphold the Historic Preservation Board's decision and all conditions they imposed, with the additional conditions (1) a change in the landscape plan so abutting foliage is either low enough or high enough as not to obscure or intrude on their northern neighboring line as determined by Nancy Davila, City Horticulturist, and (2) recommend they go back to the City Engineer regarding the 3 foot high 40' triangle to insure someones view onto A-1-A is not obscured when sitting in a car (site specific), seconded -15- 02/20/01 by Mr. Schwartz. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mr. Perlman - Yes; Mr. Schwartz - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. 10. PUBLIC HEARINGS: 10.A. RESOLUTION NO. 14-01: A resolution providing for the certification and adoption of the final assessment roll for the Pineapple Grove Entrance Special Assessment District. Prior to consideration of passage of this Resolution on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 14-01: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE CERTIFICATION AND ADOPTION OF THE FINAL ASSESSMENT ROLL FOR THE PINEAPPLE GROVE ENTRANCE SPECIAL ASSESSMENT DISTRICT TO INCLUDE THOSE PROPERTIES BORDERING ON N.E. 2ND AVENUE FROM ATLANTIC AVENUE NORTH TO THE FIRST ALLEY INTERSECTION, AS MORE FULLY DESCRIBED HEREIN; PROVIDING FOR THE ASSESSMENT AMOUNT AS TO EACH PROPERTY; PROVIDING FOR THE METHOD OF PAYMENT OF THE SPECIAL ASSESSMENT; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 14-01 is on file in the City Clerk's office.) A public hearing was held having been legally advertised in compliance with the iaws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission, the public hearing was closed. Ms. McCarthy moved to adopt Resolution No. 14-01 on Second and FINAL Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. 10.B. ORDINANCE NO. 6-01 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending LDR Sections 4.4.13(G) and 4.4.24(G) by modifying the one time one space parking reduction within the Central Business District and the Old School Square Historic Arts District. Prior to consideration of passage of this ordinance on Second Reading, a second public hearing has been scheduled to be held at this time. -16- 02/20/01 The City Manager presented Ordinance No. 6-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(G), "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION 4.4.24(G), "SUPPLEMENTAL DISTRICT REGULATIONS", AND SECTION 4.4.28, "CENRAL BUSINESS DISTRICT- RAILROAD CORRIDOR (CBD-RC)", SUBSECTION 4.4.28(G), "SUPPLEMENTAL DISTRICT REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY MODIFYING THE ONE TIME ONE SPACE PARKING REDUCTION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 6-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission, the public hearing was closed. Mr. Schwartz moved to adopt Ordinance No. 6-01 on Second Reading and Second Public Hearing, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. 'Said motion passed with a 4 to 0 vote. 10.C. ORDINANCE NO. 15-01: An ordinance designating the Water House located at 916 and 918 N.E. 5th Street as a local historic site and adding it to the Local Register of Historic Places. 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. 15-01: AN oRDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE WATER HOUSE LOCATED AT 916 AND 918 NORTHEAST 5TM STREET, AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE TO BE LISTED IN THE LOCAL REGISTER OF HISTORIC PLACES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, -17- 02/20/01 AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 15-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission, the public hearing was closed. Mr. Perlman moved to adopt Ordinance No. 15-01 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McC,art. hy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mr. Schwartz - Yes. Said motion passed with a 4 to 0 vote. 10.D. RESOLUTION NO. 15-01: A resolution authorizing the sale of City-owned property (Lot 10, Block 10, Atlantic Gardens) located at 237 SW 11th Avenue as part of the City's Renaissance Program. Prior to consideration of passage of this resolution on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 15-01: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO SELL CERTAIN REAL PROPERTY IN THE CITY OF DELRAY BEACH, FLORIDA, WHICH PROPERTY IS LOCATED AT LOT 10, BLOCK 10, ATLANTIC GARDENS, AS MORE PARTICULARLY DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONDITIONS AND TERMS OF THE CONTRACT FOR SALE AND PURCHASE BETWEEN THE CITY OF DELRAY BEACH AND ADAM L. AND MARY BROWN ROBINSON. (The official copy of Resolution No. 15-01 is on file in the City Clerk's office.) 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. The public hearing was closed. Lula Butler, Director of Community Improvement, stated that this item is before the Commission to allow the City to complete the sale of a piece of property that the City purchased from the Delray Beach Housing Authority (DBHA) to provide the opportunity for a first time homebuyer to become a new homeowner. This particular family has been residents of the DBHA for ten years and the City will be moving them into their own single family home. Ms. Butler stated that this is made possible through the HOPE 3 revolving loan fund in which the -18- 02/20/01 City generated over $400,000 from selling ten homes over the last four years. Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission, the public hearing was closed. Mr. Schwartz moved to adopt Resolution No. 15-01 on Second and Final Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 11. COMMENT AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC-IMMEDIATELY FOLLOWING THE PUBLIC HEARINGS. City Manager's response to prior public comments and inquiries. In response to a prior comment made by Ms. Zimmerman as to whether or not the City was recognizing and complying with the water shortage restrictions, the City Manager stated that for areas less than five acres in size they are being watered between the hours of 4:00 a.m. and 8:00 a.m. two days a week while areas larger than five acres are allowed to be watered from midnight until 8:00 a.m. two days a week. Regarding Ms. Zimmerman's specific comment regarding the green grass at Veteran's Park, the City Manager stated that the City had to replace a large portion of the sod at Veteran's Park because of damage from various events. He further explained that when new sod is planted you can water it more frequently while it is getting established. The City Manager stated that there is a different schedule that golf courses use for complying with the water shortage. He emphasized that golf courses are not exempt from adhering to the water restrictions. In response to Mr. Franciosa's comments conceming the City's building permit process, the City Manager explained that a permit expires after six months from the date of the last inspection. If the contractor who obtained the permit fails to call for a final inspection, there is a $50 no final inspection fee assessed to complete the permit. Due to the heavy volume of permits it may be several months after the 180 day period before staff sends out a notice to both the owner and the contractor advising of the expired permit. In some instances, the contractor may no longer be in the area and unfortunately the responsibility falls to the owner. However, it is the owner's responsibility to make sure the contractor they hired does the job properly by obtaining all final inspections. Regarding Mr. Franciosa's prior comment concerning whether the Police had responded to two reports regarding a suspicious person in the Tropic Isle area, the City Manager stated that the first call was a suspicious person received at 2:18 p.m. The Police dispatched the unit at 2:20 p.m. and the officer arrived at 2:21 p.m. The second call was also a suspicious person received and dispatched at 2:26 p.m. and the officer arrived at 2:31 p.m. The City Manager feels there is no problem with the way the Police Department responded to the call. -19- 02/20/01 In response to Mr. Bennett's inquiry regarding the salvage agreement, the City Manager stated the City entered into this agreement on March 23, 2000. The City Manager explained that the properties involved were all rights-of-ways to the intracoastal and the City entered into the agreement with Donald Anderson & Associates. Mr. Anderson felt that there may be something of considerable value in the right-of-way and while exploring found some very large rocks with a high iron content. Therefore, the City did not get anything out of this and would have only if Mr. Anderson found something of value. The City Manager stated that Mr. Anderson was closely monitored by the City with a City crew who helped do the digging and a number of other City personnel on hand to observe the entire operation. In addition, the City Manager stated that the previous test bore was also observed by City staff. ll.B. From the Public. ll.B.1. Richard Van Gemert, 912 Eve Street, speaking on behalf of the Tropic Isle Civic Association, again asked if it was the City Manager's intent to use Coastal Planning and Engineering as the source for the final survey that the City has to perform on the Tropic Isle canal dredging project? If that is the intent, Mr. Van Gemert reiterated his request to have the City meet with representatives from Tropic Isle in order to select some other firm that would be more suitable and more agreeable to all parties. Upon question from Mr. Van Gemert, the City Manager stated that he did consult with the City Attorney regarding this issue and the requirement to hire Coastal Planning and Engineering is in the settlement agreement and can only be changed by the court. The City Manager clarified that the settlement agreement specifies that the final survey will be done by Coastal Planning and Engineering. ll.B.2. John Bennett, 137 Seabreeze Avenue, President of Progressive Residents of Delray (P.R.O.D.), complimented the entire personnel in the City Clerk's office for their work 'efforts and stated that one day in particular he observed Susan Maloney, Administrative Assistant, assisting a customer who was trying to obtain a copy of a death certificate. He stated Susan went above a. nd beyond her duties to assist the customer with a problem that was really a County issue and feels she deserves recognition for exemplifying outstanding customer service. ll.B.3. Gerald Franciosa, 939 Eve Street, on behalf of the Tropic Isle Civic Association, noted that at the Commission meeting of February 6, 2001, Ms. Zimmerman spoke under the non-agenda portion of the agenda about the proposed changes to the City Charter which was an item on the agenda and asked for clarification regarding this matter. Regarding the outcome of the Police situation in Tropic Isle, Mr. Franciosa stated he received a phone call from people about someone walking around the neighborhood. He stated that these people called the Police and received no response. Mr. Franciosa stated he would like to know whom the Police responded to. Mr. Franciosa stated he does not feel safe in the community because of the lack of police officers. He feels that the reason there are so many vacancies in the Police Department is -20- 02/20/01 because the requirements for a police officer in Delray are too stringent. He stated that since there are so many personnel problems within the Police Department, the City should form a Citizen Advisory Committee and conduct a nationwide search for police officers and a Police Chief. He urged the City to look into this immediately before Chief Overman decides to retire. 9.C. WAIVER REQUEST TO REDUCE OPEN SPACE REQUIREMENT/BLOCK 69 MUNICIPAL PARKING GARAGE: Consider a request to waive LDR Section 4.4.13(F)(2) to reduce the required 10% open space to 8.3% open space for the Block 69 Municipal Parking Garage, proposed to be located on the west side of SE 1st Avenue, approximately 250 feet south of East Atlantic Avenue. QUASI-JUDICIAL PROCEEDING Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex parte, contacts were noted. The City Attorney stated this item would be conducted as a quasi-judicial hearing, which allows for presentations, by all involved parties, the admission of documents into the record and public testimony. Barbara Garito, Acting City Clerk, swore in those individuals who wished to give testimony on this item. Paul Dorling, Principal Planner, entered into the record the Planning and Zoning Department's project file #2000-287 and a listing of pertinent documents. Paul Dorling, Planning Director, explained that this is a waiver request to reduce the open space requirement from 10% to 8.3%, which would result in a reduction of 333 square feet of open space. This reduction is requested in connection with construction of 207 space municipal parking garage on Block 69. The request of reduction accommodates undulations in the facade as well as provision of hard scape features. The provision of these features results in a .facade, which is more compatible with the surrounding neighborhood which, is one of the directives of the Historic Preservation Board. It is noted that it appears that a more institutional parking garage facade would provide 10% open space. However, Mr. Dorling stated that this would make it less Compatible with the surrounding neighborhood. At its meeting of January 17, 2001, the Historic Preservation Board approved a site plan request for the Municipal Parking Garage on Block 69. In addition, the Board recommended approval of an associated waiver request to reduce the open space requirement. In conjunction with review of the development requests, the Board held a public hearing. While there were comments regarding the mass and scale of the building, only one member from the public voiced concerns that the reduction in open space did not meet the required findings for the granting of a waiver. The Board voted 7-0 to recommend approval of the waiver request based upon positive findings pursuant to LDR Section 2.4.7(B)(5). Mr. Dorling stated that staff recommends that the City Commission approve the waiver to LDR Section 4.4.13(F)(2) to reduce the required 10% open space to 8.3% open space -21- 02/20/01 for the Block 69 Municipal Parking Garage based upon positive findings pursuant to LDR Section 2.4.7(B)(5). Michael Weiner, speaking on behalf of Block 77 group/applicant, stated that for the record this is pursuant to a waiver of Section 4.4.13(F)(2) as to open space. The required 10% open space is being reduced to 8.3% open space. Mr. Weiner stated this is being done under the waiver procedures that are in LDR Section 2.4.7 and based upon positive findings with respect to this particular provision were not only approved by the Historic Preservation Board, but are also set forth in the waiver analysis of the Planning and Zoning Staff Report. Michael Cavelli, Planner, entered his Resume into the record and defined opened space. Richard Orman, Professor of Public Administration at Barry University, enter'ed his Resume into the record and stated that he would like to testify to the prior conditions that one needs to find in order to grant a waiver for open space. Mr. Orman stated that by granting this waiver would not adversely affect the neighborhood area. With the facade that has been developed, Mr. Orman feels it substantially improves the look of the parking garage and enhances the neighboring area rather than detracting from it. Secondly, Mr. Orman explained that this is a safe structure in terms of the way this parking garage is designed and meets most of the conditions that would be found in terms of crime prevention to environmental design standards. Mr. Orman stated that it is not unusual to make this sort of grant of waiver for open space particularly where architectural features are added to make the facility much more attractive in meeting the design standards and criteria that are expected in these historic districts. He feels it is truly important to have parking structures in historic preservation areas in the context of downtown redevelopment. Furthermore, Mr. Orman stated that by creating an attractive landscaping environment would help to attract pedestrians to this area rather then them just walking past this development. He feels this will help to add significantly to the quality of the environment in its immediate vicinity. At this point, the City Attorney opened the floor for the public who wished to speak in favor of the waiver or in opposition of the waiver. John Bennett, 137 Seabreeze Avenue, expressed concern about the argument expressed regarding "counting this strip but not being able to count". He stated he has not been a local supporter of this project but at the same time he supports the waiver. There being no one else who, having been duly sworn, wished to address the Commission, the public hearing was closed. At this point, Mr. Weiner stated he is available to answer any questions or concerns of the Commission. Commissioner McCarthy inquired about the landscape plan and the foliage. In response, Mr. Weiner stated that there is a landscape plan and foliage. In addition, Mr. Weiner -22- 02/20/01 stated there are all kinds of things being done with the texture of the buildings in terms of varying all four sides. Mr. Schwartz moved to approve the waiver to LDR Section 4.4.13(F)(2) to reduce the required 10% open space to 8.3% open space for the Block 69 Municipal Parking Garage based upon positive findings pursuant to LDR Section 2.4.7(B)(5), seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mr. Perlman - Yes; Mr. Schwartz - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. 9.D. APPEAL OF HISTORIC PRESERVATION BOARD DECISION/RECTORY PARK SITE PLAN MODIFICATION: Consider an appeal of Historic Preservation Board decision regarding Rectory Park Apartments. QUASI-JUDICIAL PROCEEDING Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex parte contacts were noted. The City Attorney stated this item would be conducted as a quasi-judicial hearing, which allows for presentations, by all involved parties, the admission of documents into the record and public testimony. Barbara Garito, Acting City Clerk swore in those individuals who wished to give testimony on this item. Paul Dorling, Principal Planner, entered into the record the Planning and Zoning Department's project file #2001-54 on this project and a listing of pertinent documents. On February 7, 2001, the Historic Preservation Board considered a Class II Site Plan Modification to approve Rectory Park site plan recently approved on June 3, 1998. The proposed site plan modification involves changing the layout of the parking lot. The proposal is to reconfigure the parking spaces in front of the Historic Rectory building and eliminate spaces on the south side of the new 3-story building. Overall the modifications result in a loss of 6 on- site parking spaces. The elimination of these parking spaces will allow the developer to increase the landscaping on the site, including the addition of a garden area on the south side of the new building. Extensive landscaping has become a signature trademark of this developer and has been welcomed by the city in the otherwise highly paved downtown area. To offset the loss of parking, a Unity of Title has been recorded incorporating an off-site parking lot (west of the development) with 14 additional spaces into the project. Pursuant to LDR Section 4.6.9(E)(4) Off-Site Parking, parking requirements may be provided off-site, within 300' as measured along an acceptable pedestrian route. Although there is no code requirement that there be a direct vehicular connection to the off-site parking, the Historic Preservation Board feels that this condition was unacceptable for the project since it would require going around the block to access the parking lot. The Board suggested relocating the dumpster and removing another space if necessary to provide vehicular access to the off-site lot. -23- 02/20/01 The Board was also concerned about the lack of a turn around area at Atlantic Avenue (northwest comer of site) which could be utilized when the parking lot is full. It is noted that this was a condition of the original site plan approval and should have been indicated on the plan. Staff recommended approval of the site plan modification to the Historic Preservation Board. It should be noted that many buildings in the downtown area have little or no private parking. This is a normal condition in an urban setting where public parking is available. The developer is attempting to create a unique environment for this mixed-use project with extensive landscaping, gardens and unique architecture. The inconvenience of the disjointed parking lots is the trade off. If the connection to the alleyway to the south is reopened to access the parking lot, it is likely to generate additional through traffic. The portion of the alleyway, which ran through the site, was originally abandoned so that a strong pedestrian relativnship could be maintained between the buildings of the project and through-traffic could be eliminated. Mr. Dorling stated that staff continues to support the request for the modifications. Steve Cohen, Attorney for Rectory Park, stated that as Mr. Dorling explained we they had a meeting with staff since the HPB meeting in an effort to try to resolve the outstanding concerns. In terms of the traffic flow, Mr. Cohen stated concerns were voiced in working with staff before they designed the layout of the building. The City's LDR's require that the building be placed directly on the comer of the property where Swinton Avenue and Atlantic Avenue meet. The design in the traffic flow was a concern. In terms of the one space, it was not on the site plan that was approved. Mr. Cohen stated that they are still willing to eliminate that space and make it a turn around space. During a meeting with City staff last Friday, Mr. Cohen stated he expressed willingness and a commitment that he would add a condition to leases with commercial retail tenants on the ground floor. In other words, Mr. Cohen stated they would require the employees of those tenants to use the parking lot immediately to the west of the rectory building. In addition, the residential tenants who are upstairs as well as customers of the downstairs commercial retail space unit owners would be 'provided with remote control activators to raise the gates to allow them egress and ingress in and out of the parking lot. Mr. Cohen stated that by having these parking spaces in an east/west direction they can back up to the south and leave that space for mm around and then they could pull forward straight onto Swinton Avenue. Mr. Cohen feels this is a practical solution to meeting everyone's concerns. Mayor Schmidt inquired as to whether Mr. Cohen has signed any leases. Upon question from Mayor Schmidt, Mr. Cohen stated that they have signed a lease with a hair salon prior to this issue coming up. There are roles and regulations for the tenants and it makes it very clear in the lease that those roles and regulations are subject to change by the landlord. He stated he is more than willing to give the City a form lease that shows the provisions in the lease. In terms of the replat issue, Mr. Cohen stated the City agreed that the application be submitted for the replat as a condition to obtaining a Certificate of Appropriateness (COA) and to his understanding the City has revised that as a condition of the approval prior to the HPB meeting. -24- 02/20/01 As for the landscaping, Mr. Cohen will work with Nancy Davila in an attempt to eliminate four spaces and replace those spaces with landscaping. Michelle Balfort, Agent for the Rectory Park Project, stated that originally they were supposed to have 26 spaces and came in at 35 spaces. Regarding some of the concerns they had at the HPB had at the last meeting, Ms. Balfoort stated that they have dropped off two additional spaces (one for the turn around space and one for a better pedestrian access). Ms. Balfort stated they have now reduced the number of parking spaces from 33 spaces to 26 spaces. There being no one else who, having been duly sworn, wished to address the Commission, the public hearing was closed. Mr. Perlman moved to approve the appeal of the Historic Preservation Board action regarding Rectory Park site plan modification, keeping all the conditions as listed on page three' of the HPB Staff Report, adding one (1) the addition of the employee parking restriction in the parking lot referred to by Mr. Cohen and contained in the lease, (a copy will be provided to the City), (2) strip a parking space to create a larger turn around, and (3) provide a pedestrian access that is acceptable to the Planning and Zoning Department, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. 9oEo REQUEST FOR EXTENSION OF TEMPORARY CERTIFICATE OF OCCUPANCY/LAKEVIEW BAPTIST CHURCH: Consider a request to allow the extension request for a temporary certificate of occupancy for Lakeview Baptist Church to allow the use of the fellowship hall and classroom, prior to construction of the stabilized sod parking area and improvement to the south parking area. Paul Dorling, Planning Director, stated that at its meeting of August 17, 1999, the City Commission approved a request for a temporary certificate of occupancy for 18 months (until February 17, 2001) for Lakeview Baptist Church to allow use of the fellowship hall and classroom addition prior to construction of a required stabilized sod parking lot and associated 'improvements. The church is requesting that the temporary certificate of occupancy be given an additional 18 months before they have to install the stabilized sod parking lot. While the church's seating capacity is currently at 375 persons, the congregation has decreased since the expansions were approved and additional funding is needed to construct the improvement. In the meantime the paved 93 parking spaces appear to be adequate to handle the current needs of the congregation. Commissioner Schwartz moved to approve the extension request for a temporary certificate of occupancy for an additional 18 months (until August 17, 2002) for Lakeview Baptist Church to allow the use of the fellowship hall and classroom, prior to construction of the stabilized sod parking area and improvement to the south parking area, seconded by Commissioner McCarthy. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. -25- 02/20/01 9.F. REQUEST TO ALLOW A TEMPORARY OFFICE FACILITY AT SHERWOOD PONTIAC: Consider a request to allow a temporary office facility at Sherwood Pontiac, located on the west side of South Federal Highway, south of Linton Boulevard. Paul Dorling, Planning Director, stated this request is in conjunction with a development proposal for the Sherwood Pontiac development, which includes demolishing the existing showroom/offices and service write-up building in order to construct a new showroom/office and write-up building, associated parking and landscaping. Permits for temporary modular buildings are not included within the list of allowable temporary uses provided in LDR Section 2.4.6(H)(1), therefore approval of a waiver to allow this use from the City Commission is required. Mr. Dorling stated the required findings of LDR Section 2.4.7(B)(5) are made in the Planning and Zoning staff report. Commissioner Perlman moved to approve the request for a temporary use permit for tl~6 placement of two modular buildings to allow temporary sales office and service facilities on the Sherwood Pontiac Dealership property, subject to the conditions as set forth in the Planning and Zoning staff report, seconded by Commissioner McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mr. Schwartz - Yes. Said motion passed with a 4 to 0 vote. 0.G. SPECIAL EVENT REQUEST FOR WALGREEN'S RED RIBBON RIDE: Consider approval of the temporary use permit for the use of Anchor Park site and building for the Walgreen's Red Ribbon Ride on April 1, 2001. Commissioner McCarthy moved to approve the temporary use permit for the use of Anchor Park site and building for the Walgreen's Red Ribbon Ride on April 1, 2001 from 6:00 a.m. to 10:30 a.m., and approval of staff support for traffic control, barricade, and trash container set up and removed, and contingent on the event sponsor providing a certificate of insurance, hold harmless agreement and payment of overtime, if needed, seconded by Mr. Schwartz. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 'vote. At this point, Ms. McCarthy requested an update regarding special events. Ms. McCarthy stated she would schedule an appointment with Mr. Barcinski to discuss this matter. 9.H. APPOINTMENTS TO THE EDUCATION BOARD: Appoint two (2) members to the Education Board to fill unexpired terms ending July 31, 2002. The appointments will be made by Commissioner Archer (Seat #2) and Commissioner Schwartz (Seat #3). Prior to the vote, Commissioner Perlman stated another resignation will be forthcoming and cautioned the Commission that in the future when making an appointment to this board, individuals applying to this board need to be made aware of how frequently the meetings are and the high volume in terms of workload that comes along with being a member of this board. Mr. Perlman suggested that the Commission look at possibly restructuring the workload of this board. -26- 02/20/01 Commissioner McCarthy moved to appoint William Heller as a regular member to the Education Board to fill an unexpired term ending July 31, 2002, seconded by Commissioner Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mr. Perlman - Yes; Mr. Schwartz - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. Commissioner Schwartz moved to appoint Mimi Shapiro as a regular member to the Education Board to fill an unexpired term ending July 31, 2002, seconded by Commissioner Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. 0.I. RELOCATION OF THE REGULAR CITY COMMISSION MEETING OF MARCH 6, 2001: Consider moving the Regular City Commission Meeting of March 6, 2001 to anotl~er location due to the Citrix Tournament. The City Manager announced that Citrix expects to have some big name players on Tuesday evening and are expecting a larger crowd. The matches will begin earlier then they have in the past and parking is limited during the event. Since Veteran's Park is not available, the City Manager suggested moving the Regular City Commission Meeting of March 6, 2001 to Pompey Park Recreation Center. It was the consensus of the Commission to relocate the Regular City Commission Meeting of March 6, 2001 to Pompey Park Recreation Center located at 1101 N.W. 2nd Street, Delray Beach. 9oJ. THIS ITEM HAS BEEN MOVED TO ITEM 9.A.A. 9.K. APPOINTMENT TO THE TENNIS FACILITIES TASK TEAM: Amend Resolution No. 3-01 and appoint an additional member to the Tennis Facilities Task Team .representing the business community as recommended by the Chamber of Commerce. Mayor Schmidt stated he wished to appoint Thomas E. Lynch as an additional member to the Tennis Facilities Task Team representing the business community as recommended by the Chamber of Commerce. Mr. Schwartz so moved, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Schwartz- Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. 9.L. SETTLEMENT OFFER/SULLIVAN vs. CITY: Consider the acceptance of a settlement offer in Sullivan vs. City, in the amount of $80,000.00. The City Attorney stated that this case could go to trial and explained this case involved an automobile accident and the plaintiff had previous neck surgery so it involves claims of pre-existing injuries. Mr. Sullivan's wife is also alleging a loss of consortium claim. The City Attorney stated when there are two claims or more the limit is $200,000. There was an offer of judgment filed in this case in the amount of $100,000 in which the City Commission denied. -27- 02/20/01 The City Attorney stated that medical expenses in this case are approximately $38,000, future medical expenses are approximately $10,000-$20,000 and loss wages are approximately $10,000. At this point, the City Attomey noted that if the plaintiff receives $125,000 or more, the City would have to pay their attorney's fees as part of the offer of judgment that the City Commission rejected. Mr. Schwartz moved to approve the settlement offer in Sullivan vs. City in the amount of $80,000, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Peflman - Yes; Mr. Schwartz - Yes. Said motion passed with a 4 to 0 vote. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager. As was mentioned in the Invocation, the City Manager announced that Alison MacGregor Harty, City Clerk, is gravely ill and encouraged everyone to keep her in their prayers. With regard to the water main break that occurred over the weekend, the City is in the process of figuring out who will be paying for all this. The City Manager stated that the Construction Company (Mueller Construction) was not supposed to be working over the weekend. The City Manager stated that there are issues about whether the Utility Locator properly located the water main. The City Manager stated that the boil water area was reduced considerably and there is further notice given to those people that are still being required to boil water. The City Manager explained that there was a 24-inch main and a 10-inch main .and Mueller Construction hit that connection. In addition, the City Manager stated that Mueller Construction is arguing that the connection was never located to the line that ran north and south connecting these two east/west lines. The City Manager informed the Commission that for the past two years the Environmental Services staff has been testing the clarifier and filter operations at the Water Treatment Plant to determine whether the City could increase the capacity of the plant through modifying the operation without decreasing the water quality. The testing has now been completed for both the clarifier and the filter operations and the tests indicate the plant treatment capacity can be increased from 25.2 million gallons per day to 30 million gallons per day through modified operation with no capital improvement. On the basis of the test results, the City is preparing a submittal to the Department of Environmental Protection for a permit modification to recognize the additional treatment capacity. -28- 02/20/01 13.B. City Attorney. The City Attorney had no comments or inquiries. 13.C. City Commission. 13.C.1. Commissioner Perlman stated that in the near future the Delray Soccer League would be approaching the Commission about the issue of space because it is baseball season. Although it is no longer soccer season, the Delray Soccer League has over 200 children in a brazilian soccer program with a world renowned coach and a lot of children are squeezed onto Miller Field. Mr. Perlman reiterated that the current issue is space and the long-term issue is that the Delray Soccer League will be asking for a dedicated soccer facility. He urged the Commission to contemplate a plan for them within Miller Field. , - Commissioner Perlman feels that the City needs to implement a policy regarding grants and suggested that something be worked out during the budget process so organizations do not come to the City mid-year for grants. Commissioner Pedman expressed his sadness over Alison MacGregor Harty's condition and stated he has known her and her family for numerous years. Furthermore, Mr. Perlman urged the Commission for support for the sake of her family. 13.C.2. Commissioner McCarthy echoed comments made by Commissioner Perlman about Mrs. Harry's illness and feel she has always been a warm and compassionate person. Ms. McCarthy suggested that something be done for Alison MacGregor Harty's family to help them get through this difficult situation. In regards to the recent South Florida Rainbow Tennis Classic Tournament, Ms. McCarthy stated that the tennis competition was a great success. The players were pleased that they had the opportunity to be in Delray Beach and are looking forward to holding another tournament next year. 13.C.3. Commissioner Schwartz Commissioner Schwartz had no comments or inquiries. 13.C.4. Mayor Schmidt Mayor Schmidt had no comments or inquiries. There being no further business, Mayor Schmidt declared the meeting adjoumed at 10:15 p.m. -29- 02/20/01 City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provi'ded herein is the minutes of the Regular City Commission Meeting held on February 20, 2001, whi~:h 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. -30- 02/20/01 WHEREAS, the Charter of the City of Delray Beach, Florida, provides for the calling of a Special Election for such purpose as the Commission may prescribe, and WHEREAS, pursuant to said Charter provisions, the Commission deems it necessary to call for a Special Election at this time NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby call for a special election to be held on Tuesday, March 13, 2001, between the hours of 7:00 a.m. and 7:00 p.m., with all the precincts and polling places in the City of Delray Beach, as designated by the Supervisor of Elect~ons for Palm Beach County, being as follows' Precinct No. Polling Place 166& 166A 166B 166C 170 171,171D 171A 171B 171C 172 172A, B,C,D 173 174,174B 174A 174C 175 175A 176 176A, 177 176B 178 178A 179 189& 190 Lakewew Baptist Church, 2599 N. Swinton Avenue Pines of Delray North Clubhouse, 1641 NW 18th Avenue Country Manors Clubhouse, 4900 Country Manors Blvd Church of the Palms, 1960 N Swlnton Avenue Delray Beach Municipal Golf Course, 2200 Highland Avenue Banyan Creek Elementary School, 4243 Sabal Lakes Road Temple Sinai, 2475 West Atlantic Avenue West Park Baptist Church, 4004 Lake Ida Road Pompey Park Recreation Center, 1101 NW 2nd Street Library at Crest Theatre-Old School Square, 51 N. Swinton Avenue Delray Full Service Center, 301 SW 14th Avenue Delray Woman's Club, 505 SE 5th Avenue Sun Sentinel Building, 3333 South Congress Avenue Abbey Delray South, 1717 Homewood Boulevard Community Center, 50 NW 1st Avenue Library at Crest Theatre-Old School Square, 51 N. Swinton Avenue Temple Sinai, 2475 West Atlantic Avenue Emmanuel Catholic Church, 15700 Military Tra~l Orchard V~ew Elementary School, 4050 Old Germantown Road Boca-Delray Church of Christ, 620 Bluebird Drive Lake Delray Apartments, 700 Lindell Boulevard Pines of Delray Clubhouse, 2451 Black Olive Boulevard Adult Recreation Center, 802 NE 1st Street All qualified electors of the City of Delray Beach, Florida, shall be qualified to vote ~n such elect~on. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 20th day of February, 2001. DAVID W. SCHMIDT MAYOR RESOLUTION NO. 18-01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING ROBERT PHILLIPS FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. WHEREAS, Robert Phillips was hired by the City of Dekay Beach on February 19, 1971; and WHEREAS, on February 19, 2001, Robert Phillips reached a milestone in his career, having achieved thirty (30) years of continuous, full-time service with the City of Dekay Beach; and WHEREAS, during the past thirty years, Robert has been a dedicated and loyal employee, gifted with wisdom, serving as a mentor to his peers, a counselor to his managers, an encourager and a leader, always exhibiting a positive "can do" attitude; and WHEREAS, the City of Delray Beach and the Environmental Sendces Department are honored to have Robert Phillips as an employee. We feel especially proud of his xvork effort and contributions to the City, and recognize the fact that he is known throughout the engineering and construction community for his thorough working knoxvledge on a variety of subjects. 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 Dekay Beach hereby recognizes and commends Robert Phillips for thirty years of dedicated and faithful public service. Section 2. That the City Commission hereby congratulates and expresses sincere thanks and appreciation to Robert Phillips for his many years of service, and further wishes him the best of health and happiness as he continues his career with the City of Dekay Beach. PASSED AND ADOPTED in regular session on this the 20th day of February 2001. ATTEST: MAYOR CITY CLERK MEMORANDUM TO: FROM: DATE: SUBJECT: Bob Bullard, Maintenance Manager, Environmental Services Employee Suggestion Award Program Committee February 12, 2001 EMPLOYEE SUGGESTION 00-16 ELIMINATION OF ODORS FROM LIFT STATIONS Congratulationsl The Employee Suggestion Award Program Committee met today. Your suggestion regarding elimination of odors from Lift Stations and removal of the existing wet scrubber from service has been recommended to the City Manager to receive an award of $2,148.00 at a future City Commission meeting. We will notify you of the date and time to be present at the City Commission meeting. Ned Gusty Human Resources Director C: David Harden, City Manager Richard Hasko, Director, Environmental Services Nancy King, Staff Assistant/Publications Editor City Of Delray Beach Department of Environmental Services M E M 0 R A TO: FROM: SUBJECT: DATE: '~w~bw. delrayesd, corn Nancy Jackson, Human Resources Administrator Richard C. Hasko, P.E., Environmental Services Director EMPLOYEE SUGGESTION #00-16 January 12, 2001 I have reviewed the subject suggestion submitted by Robert Bullard regarding elimination of odors from Li~ Station #11, and removal of the existing wet scrubber from service. This has been a long term project for Maintenance division under Mr. Bullard's direction to resolve a chronic problem confronting all utilities maintaining wastewater collection/transmission facilities. Odors emanating from manholes, lift stations and other wastewater system components are a constant source of irritation to residents living near these facilities, and are a very common complaint received by utilities personnel. The source of the odors is the release of hydrogen sulfide into the atmosphere. Hydrogen sulfide is a compound formed by bacterial activity in the wastewater stream. It exists in solution in the waste stream, and is released to the atmosphere by turbulent flows typically found in sewage collection and transmission facilities. Odor problems at Lift Station #11, located on Lake Ida Road at the Boy Scout Hut, have been historically severe due to the magnitude and turbulence of flows through the station on a daffy basis. This was the initial reason for installation of the wet scrubber equipment mentioned in Mr. Bullard's suggestion. The scrubber recirculates the air inside the station wet well, using filtering and a combination of bleach and caustic soda to chemically neutralize the hydrogen sulfide. At Mr. Bullard's direction, maintenance personnel have used marine grade plywood to totally enclose the bottom bf the wet well in LS #11. The enclosure is sealed and painted. By restricting the air space in the wet well to which the sulfides can release, the contaminated air is contained and odors are prevented from escaping the wet well. Mr. Bullard's back up information submitted with his suggestion clearly illustrates the success of the retrofit by charting the difference in sulfide levels in the station wet well both prior and subsequent to installation of the enclosure. The wet scrublOer has been unnecessary for odor control since the installation, and the annual maintenance cost of $10,740.00 is no longer required. While there was a minimal cost in terms of materials and labor to accomplish the enclosure in the wet well, it will be more than offset by the residual value of the still operational wet scrubber equipment which can now be removed and sold. I strongly endorse Mr. Bullard's suggestion and recommend an award of $2,148.00, representing 20% of the annual maintenance cost for the wet scrubber. /rch c: C. Danvers Beatty, P.E., Deputy Director of Public Utilities EMPLOYEE CHANGE NOTICE Employee's S.S#: 127-32-8446 Effective Date: Employee: Fund: Bullard ~begt CURRENT Department: Environmental Division: Naint enance Position/Title: Naintenaace MRr. Grade: ;.06 Statm: Reg.__ (# 441 ) (#. 536 ) (# 498 ) (First) NEW Grade: Status: Reg. , C (# ) (# ) (# ) (# ) Hourty Rate % of Im=reeee Peffom]ance Increase O Reolmmification [3 Promotion [3 Reallocation O Transfer C] Incentive O Bonus O COMPLETE FOR RESIGNATION OR RETIREMENT ONLY Lump Sum Amount $ 2.148.00 Hourly Rate Othec. Q Pleeseexplsin Employee Sugsestion #00-16 PAYABLE SICK LEAVE ACCRUED VACATION TOTAL: PLUS/MINUS ADJUSTMENTS ** (Explain below) FINAL TOTAL '* (Explanation) Hours Hours Hours Hours Hours (Attach letter received from employee to this form.) Employee's Future Address: DEPARTMENT HEAD DATE HUM~E~URCES -~'~CI~ MANAGER OR DESIGNEE DATE 1. Finance/Payroll Department Gity of Delray Beach Budget Transfer Form (1) D®paflmental Une Transfer (3) Intmfund/Interdepartmental Transfer (2) Date (4) Batch Number (5') Requeded By: Richard C. Hasko. PI~ PROJECT # (6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN 441-514 4 -53 6-~14-,~ ~ $ 2,150.00 441-5144-536-15.50 Other Pay $ 2,1 50.00 $ 2,150.00 $ 2,150.00 (10) TOTAL JUSTIFICATION: Transfer required to fund suggestion award for Robert Bullard for odor reduction at Lift Station # 11. Depmtment H~a ~ Asst City Manager / Finance Director Cfi,/Manager. (11) Budget Revision Date (13) Period ORIGINAL-BUDGET CANARY-FILE (12) Control Number (14) Count PINK-DEPARTMENT Agenda Item No, ~ AGENDA REQUEST Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda Date: Feb. 13, 2001 When: Feb. 20, 2001 Description of item (who, what, where, how much): Presentation to Robert Bullard, Utility Maintenance Manager, of a suggestion award in the gross amount of $2,148.00 for his idea regarding reduction of sewage odors by enclosure of the wet well at Lift Station #11 (Boy Scout Hut, Lake Ida Rd.). Funding is available from account #441-5144-536-15.50, Other Pay. This value represents 20% of the annual maintenance cost for equipment no longer needed as a result of implementation of Mr. Bullard's idea. ORDINANCE/RESOLUTION REQUIRED: YES,NO DRAFT A'I-FACHED YES/NO Recommendation: Award of 20% of annual maintenance savings recommended Suggestion Committee. by Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review~ed on all items involving expenditure of funds): ~ Funding availabl · Y~;..~,~..~/NO ~,~/~ Funding alternatives: ~ Account No. & Desc£iption: C~L~I-~ld~L~-~'~[O. 1 '~-._~ O-~q~~' Account Balance: '~' ,~, ~::::0 ~'~q~h ¼~-J~A~L _--'?..~q ~s~ City Manager Review: Approved for agenda: (~/NO ~,~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved (if applicable) City Commission Presentation Ali-America City Steering Committee ~Tay Alperin & Chuck Ridley, Co-Chairpersons The All America-City Volunteer Steering Committee is pleased to announce to you tonight our decision to submit an application for the :~00! Ali-America City Award Competition. The 17-member steering committee, (ask them to stand) with myself and Chuck Ridley as Co-Chairpersons, believe we are more than ready to be designated for the 2"d time as an Ali-America City. Winning the Ali-America City Award will reinvigorate our community's sense of civic pride. The application process presents a unique opportunity for us to evaluate ourselves and foster new community partnerships. As a finalist and winner, the City will benefit from heightened national attention, which from 1993, is a proven boost for the recruitment of industry, jobs and investment into our community. The 2001 application is substantially different from prior years. Some of the key changes are: Community Application designation - applicants can be recognized as a neighborhood, town, city, county or region - of course we are proposing to be recognized as a City. Community Background and Challenge section - allows us to tell the I~lational Civic League our community story - where we were, where we are now and where we are going and identification of our two most pressing challenges. · We have the opportunity to describe why our community should be selected as an Ali-America City and share awards and recognition that we have received. Two of the projects to be represented in this year's application must focus on the two challenges identified in the first part of the application; one must address a critical issue facing the children and youth in the community and all three must have significantly affected the community since Zc)c)8. The City must respond to eight (8) major questions that give us the opportunity to demonstrate how we have engaged in the process of becoming a strong, healthy and vibrant community. After reviewing a number of challenges and wonderful projects, the Steering Committee is pleased to announce the two (2) challenges and critical youth issues selected along with the three (3) projects that will be represented in the 2001 application. They are: Challenge #1.: Creating stable, attractive and clean neighborhoods utilizing partnerships with residents to proactively reduce the level of illegal, criminal and nuisance activities. - Project: Delray Beach Youth Automotive Center (formerly introduced as the Youth Automotive Training Center - YATC). Challenge #2: Creating an atmosphere of "inclusiveness" by expanding services and partnerships throughout our community, utilizing the often-untapped resources of our Senior Citizens. - Project: Senior Volunteer Programs - The "Senior Watch," Marine Patrol and the expanded "Roving Patrol" program. 3. Youth Project - Village Academy/Center - addresses the quality and equity issues within the public school system, focusing on the fact that 70% of African-American students who enter into the public school system in belray Beach do not graduate from high school. The Steering Committee is projecting a $30,000 budget for this year's competition, which will be held in Atlanta, GA, ~Tune 21-23, 2001. The City's application and fee ($47.5) deadline is March 2c)th. The thirty (30) finalists will be announced by the National Civic League on May :~st. The committee will be fundraising to minimize the cost to the City. Of course, we expect you to assist in the cost of the presentation and civic fair events. As a reminder to you and the community, the award is not designed to recognize the "perfect community", but hopes to recognize those communities that have all citizens and all sectors working together collaboratively on issues. The Steering Committee believes the projects selected are wonderful examples of how our community collaborates on issues with measurable results. MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSION CITY MANAGER ~ AGENDA ITEM ~/~ -REGULAR MEETING OF FEBRUARY 20, 2001 APPROVAL OF POLL WORKERS FOR MUNICIPAL SPECIAL DATE: ELECTION February 8, 2001 This is before the Comrmssion to approve the hst of poll workers for the mumcipal special election to be held on March 13, 2001, and to direct the City Clerk to select a sufficient number of clerks and inspectors from the list to work during the elect_ton, pursuant to Sectton 34.02 of the City Code. The list is attached for your review. Recommend approval of the poll workers with direction to the C~ty Clerk to select a sufficient number of workers for the mumcipal special electron on March 13, 2001. Rcfiapprovalpollworkcrs David Forest 13581 Whippet Way E Delray Beach, F1 33484 Elaine Moran 114 NW 16th Street Delray Beach, F1 33444 Nancy Pond 136 Coconut Road Delray Beach, F1 33444 Vera Tolor 6070 Bluegrass Drive Boynton Beach, F1 33437 Evelyn Dawson 344 Flamingo Lane Delray Beach, F1 33445 Dena Gallo 6308 Overland Drive Delray Beach, Fl 33484 Lucille Vogel 80 Piedmont B Delray Beach, F1 33484 Shirley Body 13343-D Via Vulcanus Delray Beach, F1 33484 Claire Narod 13357-A Via Vesta Delray Beach, F1 33484 Sharon Gass 239 SW 9~ Circle Delray Beach, F1 33444 Mildred Sherman 9706 Cherry Blossom Court Boynton Beach, F1 33437 Arlene Presel 278 "F' Saxony Delray Beach, F1 33446 Florence Starr 1130 Violet Terrace Delray Beach, F1 33445 Dr. Morris Weinman 13850 Via Tivoli Delray Beach, F1 33446 Conrad McEwen 917 SW 38~h Court Boynton Beach, F1 33435 Helen Monroe 5743 Doris Court Delray Beach, F1 33484 Murray Elkin 21 C Southport Lane Boynton Beach, Fl 33436 Murray Kalish 6021 Stanley Lane Delray Beach, FI 33484 Sylvia Friedman 7506 Ironbridge Circle Delray Beach, F1 33446 Henry Weger 14163-D Nesting Way Delray Beach, F1 33484 Leon Teger 15036 Ashland Lane Apt B-69 Delray Beach, F1 33484 Anthony DeBartolo 14404 Canalview Drive Apt "A" Delray Beach, F1 33484 Richard Miller 1032 North Drive Apt D Delray Beach, Fl 33445 Jay Golstein 1 South Ocean Blvd Ste. #2 Boca Raton, F1 33432 Shirley Kay 4746 South Ocean Blvd. Highland Beach, FI 33487 Edith Forest 13581 Whippet Way E Delray Beach, F1 33483 Alice Schultz 5683 Emerald Cay Terrace Boynton Beach, F1 33437 Alice Glassman 15251 Lakes of Delray Blvd. Delray Beach, F1 33483 Beatrice West 814 NW 4~h Avenue Delray Beach, F1 33444 Renee Blum 15011 Ashland Circle Delray Beach, F1 33484 Beverly Massey 143 Mockingbird Lane Delray Beach, F1 33445 Anita Berliner 15144 Ashland Street Apt 266 Delray Beach, F1 334484 Danid Friedenreich 14251 E1 Clavel Way Delray Beach, F1 33484 Sylvia Cassillo 1421 NW 20~h Avenue Apt 201 Delray Beach, F1 33445 Milton Dmcks 5111-D Nesting Way Ddray Beach, F1 33484 Louis Kamen 13413-B Via Vesta Delray Beach, F1 33484 Dorothy Ford 624 Hummingbird Lane Delray Beach, F1 33445 John J. Farrell 205 Cardinal Lane Delray Beach, F1 33445 Maria Spaziano 334 Flamingo Lane Delray Beach, F1 33445 Rena Gregory 222 Seacrest Circle Delray Beach, F1 33444 Rita Shupler 7495 Stirling Bridge Blvd N Delray Beach, F1 33446 Paul Radow 14476 Amberly Lane Apt 203-28 Delray Beach, F1 33446 Martin Zabin 2438 NW 10~h Street Delray Beach, F1 33445 Connie Brady 7699 Brunson Circle Lake Worth, F1 33467 Stanford Kalla 10213 Lexington Lakes Blvd. N Boynton Beach, F1 33437 Anne Schofield 5165 NW 3ra Street Apt B Delray Beach, F1 33445 Lenore Isaacson 13356-B Via Vesta Delmy Beach, F1 33484 Eva Kamen 13413-B Via Vesta Delray Beach, F1 33484 Selma Hoffman 707 Flanders O Delray Beach, F1 33484 Bettye Grover 242 SW 13~h Avenue Delray Beach, F1 33444 Lula Hayes 320 NW 3ra Avenue Delray Beach, F1 33444 Mary Wright 313 NW 4~h Avenue Delray Beach, F1 33444 Dolores Ingui 9557 Cherry Blossom Court Boynton Beach, F1 33437 David Fromm 15144 Ashland Street Delray Beach, F1 33484 Marilyn Coughlin 2786 Carnation Court Delray Beach, F1 33445 Carola Simpson 2660 SW 22'~d Avenue Delray Beach, F1 33445 Albert Simon 14079-A Nesting Way Delray Beach, F1 33484 Jack Lessner 15469 Lakes of Ddray Blvd. Delray Beach, F1 33484 Bernice Bilow 1141 Boxwood Drive Delray Beach, F1 33445 Shirley Zipkin 1151 Calamondin Terrace Delray Beach, F1 33445 Helen Carannante 2460 Juniper Drive Delray Beach, F1 33445 Philip Lang 5054-A Lakefront Blvd. Ddray Beach, F1 33484 Gertrude Stem 1110 Boxwood Drive Delray Beach, F1 33445 Freda Engel 6083 Kings Gate Circle Delray Beach, F1 33484 Sylvia Klein 7006 Huntington Lane Apt 308 Delray Beach, F1 33446 Shirley Glassman 15217 Lakes of Delray Blvd Delray Beach, Fl 33484 William Fuocco 300 South Ocean Blvd Delray Beach, F1 33483 Benjamin Bender 13558-B Via Flora Delray Beach, F1 33484 Sally Dworken 15011 Ashland Circle Delray Beach, F1 33484 Bernard Rogoff 13335-B Via Vesta Delray Beach, Fl 33484 Harvey Kresh 15144 Ashland Street Apt H 265 Delray Beach, F1 33484 Sam Cohen 14585 Lucy Drive Delray Beach, F1 33484 Pauline Shulman 4570-D NW 3rd Street Delray Beach, F1 33445 Seymour Engel 6083 Kings Gate Circle Delray Beach, F1 33484 Rose Haefling 1120-B Circle Terrace W Delray Beach, F1 33445 Joseph Newman 6201 Hook Lane Boynton Beach, fl 33437 John McDowell 5482 Grande Palm Circle Delray Beach, F1 33484 Hyman Holtzman 14329 Campanelli Drive Delray Beach, Fl 33484 Patti Harrison 14440 Campanelli Drive Delray Beach, F1 33484 Alfred Pilson 6129 Dusenburg Road Delray Beach, F1 33484 Harriet Hall 7613-A Lexington Club Blvd Delray Beach, F1 33446 Helen Summers P.O. Box 2373 Delray Beach, F133447 Elfrieda Ristau 1120-D Cactus Terrace Delray Beach, F1 33445 Mary Howard P.O. Box 145 Delray Beach, F1 33447 Albert Berman 14386 Campanelli Drive Delray Beach, Fl 33484 Nicholas Contini 2700 Fiore Way Delray Beach, F1 33445 Norma Plazner 15342 Lakes o£ Delray Beach Blvd Apt 82 Delray Beach, F1 33484 Julia Herschfield 595 Burgundy M Delray Beach, F1 33484 Irene Cantor 17 Piedmont A Delray Beach, FI 33484 Gwendolyn Green 342 NW 3rd Avenue Delray Beach, F1 33444 Rita Matthew P.O. Box 1725 Delray Beach, F1 33447 Syrietta Kalla 10213 Lexington Lakes Blvd. Boynton Beach, F1 33436 Dorothy Zeller 5145-D NW 3rd Street Delray Beach, F1 33445 Vito Ferrandino 7814 Stirling Bridge Blvd S Delray Beach, FI 33446 Catherine FattiTzi 14696 Lucy Drive Delray Beach, FI 33484 Gilbert Berliner 15144 Ashland Street Apt 266 Delray Beach,F1 33484 Nellie Jackson 1587 NE 3rd Avenue Delray Beach, F1 33444 Nathan Botway 7351 Kinghurst Drive Apt 305 Delray Beach, F1 33446 Roselind Weinberg 5310 Las Verdes Circle Delray Beach, FI 33484 Marie Marconi 6058 LaPalrna Lane Delray Beach, Fl 33484 Veloria Chisolm 2987 Dorson Way Delray Beach, F1 33445 Vera Farrington 310 NW 2na Avenue Delray Beach, F1 33444 Alvin Scottland 6438 Pointe Pleasant Circle Delray Beach, F1 33484 Kathryn Sue Carlisle 25 Pelican Point Drive Delray Beach, F1 33483 I:ITY OF DELRI1Y BERrH CITY ATTORNEY'S OFFICE DELRAY BEACH 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's D~rect L~ne (561) 243-7090 1993 DATE: TO: FROM: SUBJECT: MEMORANDUM February 12, 2001 City Commission David T. Harden, City Manager T. Jambeck, Assistant City Attorne~ Jay /11 Klasfeld v. City of Delray Beach ~} The above-referenced case is a quiet title action filed against the City regarding a property located along West Atlantic Avenue. The Plaintiff acquired the property through a tax deed sale which resulted from non-payment of property taxes upon the property. The CRA subsequently entered into a contract on January 16, 2001 for the purchase of the above-referenced property from the Plaintiff and will be using the property in connection with its redevelopment plans for West Atlantic Avenue. The City has 14 nuisance abatement liens upon the subject property with a current amount due to the City in the amount of $1,759.98. The liens were incurred in the years 1987-1990 and were primarily for trash pick up and mowing of the property. The City's liens survive the issuance of a tax deed pursuant to Section 197.552, Florida Statutes. Because the property will be acquired by the CRA, it has requested that the City accept the actual costs of abating the nuisances which amounts to $464, but does not include interest or administrative fees. This is consistent with the City's past practice with regard to City liens on CRA-acquired property. The Plaintiff will pay the City for the actual costs and then be reimbursed by the CRA. The City will subsequently release all liens on the subject property in order to facilitate redevelopment. By copy of this memorandum to the City Manager, our office would request that this item be placed on the agenda for the February 20, 2001 City Commission meeting. If you have any questions, please do not hesitate to contact me. Attachments CC: Alison MacGregor Harty, City Clerk Sherry Johnson, Property Acquisition Consultant, CRA Michael Klasfeld, Esq. S.LU. IST STt~EET CoN'rl~CT FOR ~AL{~ AND Parties: ~ Kl~cld. a mn~ m~, a~ ~ KI~, hb wife, ( ~l~r ), i 7072 N~hway Cl~. ~ ~to~ FIon~ 334~ of ~' ( ~61 ) ~ ), and tit ~ ~h Communi~ ~vc~t A~y (~ll~uvcly '~.y') ~n i~/~owmg ~e~s and ~ld~mn~ which {NCL~E Ibc S~J~r~ fm ~l ~tc Tran~lm~ dt~h~ ('S~r~') aM nay a~u~m to Ihls In. mcat ~ ~ B~ 2, ~la;r Hcl~. as ~or~ m ~at ~ 20, ~ 45 ~thc P~;c R~ ~h C~my. Flon~, Fbc W~ 80 f~t ofthc E~ 3~ f~t of~ Seth { ~O f~ of tho ~oflh Jarl f~t ~L~ of l ~,~3. L~ ~ ~ght~f*Wmv for SR ~. as ~o~ m Plat ~k R~t~ of ~{m ~ch C~n~. ~) Su~t ~cm~. c,tv. ~p. oft~ ~m ts ~ BI~ on Wc~ Atlamtc A~uc. ~y ~h. ~on~ (c) Peso,tory Nm~ iL L~IRCIIA~'~E PRICE: .............. PAYMEN'I; {~,t to ~c bcld m escrow ~. Rot~. W Fcdcrmple{, P A . Tmsl Account $ I .¢R~0 00 (b) Balance Io clo.~ (U. S cash. LOCALLY DRAWN cc-mf~l or cashier's chock), subl~ct m IlL ~ FOR ACCEPTANCE; EFFECT/V~. DATE; FAC$IMIEE: t£th~s offer ~s no~ tx~cutod by .md dchvex~d lo ali imafli~ OR FACT OF EXECUTION commumcattxi ut wnUu~ b~vo:n thc ~trtlt{ on or beYo~ fourto~n days (14) al~r tl,~' execution of' Ih,m Cootract by Ibc Buyer. the dcpo~ls will, st Bgyef~ o~t;OO, bc i~tttmed to Buyer mud this offer withdra~ A facsi,mle copy of th,s Contract for Sa{o and Purchase ("Contract") and any s,/{natun~ hereon shall [ne oon{idered for ail puq:ose$ as oflgmat$. Th~ ~ of Contract ("Effucttv¢ l~tt') will ~ thc dat~ when t{t~ last on of tho {{uy~r and Iht: Seller ham mlguad thts uffer tV. TITLE EVIDENCE: Within thirty (30) clays al]~ lite ~mt of Ihis Conlraot ~i{or. at Seller's expen~ ~lv,~r to Buyer or Buyer's A. ttomey, in accordunec with 51.mnd~rd ~, Rtie tnsur;w,o: commxtmenl and. at{.er ciosm~ owner's policy, ofutle III{Ih'UlW~. V. CLOSING DATE; This trane~ctmn shaU bt clef, cd and thc spiral warranly ~ and other closln~ VL ~ICTIONS; E~EMENTS; LIM~ATIONS: Buyer shall take title subjeol to. /oran8, 1~1~ ~i~s ~ ~1 ~y h~ a~ ~ ~ th~ I0 f~ m w~h as to ~ r~r or from lu~ and 7 I/2 nm. pg~ u~ ~ ~n~ nm~s, ,fan~ uth~ None: ~ t~t t~rc c~ at ci~ng ~ ~ah~ ~ I~ fofe~ng ~ ~nc ~ t~ ~s ~ of ~ P,,,~Ay for ~t~ial ~ VIL OCl:{.J PANCY: The prope~v shall bc unlx~upl~tai ofll~ da~ of closing. Seller a~,c~ lo delivery ~Ccupmney otProf, erry at t,me ofctosing mml~s othcrw~s~ sial~x2 h~in ~ oc~-ulxmo7 ~{ lo Be dehvered before Buyer a~Jracs all flsk of lass to l~Opu.'Ty from dalc of occupancy, shall bc ~cspo~ibl¢ ~ ttat~c for nklmlenanee from that datc. :,nd ~h~ll bc dc. cmocl to have ac~cptcd Propcr~y ,n thc~r cx~$tmg condmon as of t~mc of taking occupancy unicos othcrv.~sc mtalcd b~x:m m' ,n .m separate wrtzing Ouvcr notts that thc land is vacant VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Ty~nlten or handwfllten {:mwJS~mls c~ntrol all pnntcd l~'ovlsioas of Contract tn confhct wtlh them IX. IUDEIIS: (Check of any of thc followmlg l~dcrs arc apphcable and a~c ~lc~¢h~ lo Lht$ Contract) ,,)_.._ O~lal Construction Control Line ~det b)__ Cot~ommmm Rider c)__ Fmc~gn Investmenl m Real Properly fax Act Rtch,,r d)~ [nsulatmn Rider c).__ M4'A/'v'A R~d~r ASSIGNABIt,ITY: (Check ( l) or (2) ) Buyer (I) XXma~,a..,stgn or(2) _ maynola~fignComr~ct XL SPECIALCLAUSE~: (Che~k ( l) or (2) ) Adde~lum (I)XX~attnchcd, or (2) __ ts ,ol appUc, aMe TIME IS OF THE ESSENCE OF THIS CONTRACT, Xlll. DISCLOSURES Buyer ~ Q,ck'nowlC~cs or X._~ dOcS not · gency/rtMon/compcn~uon and estimated closing CO~S dls~losun~ ~ Bt~er's Imtsals ncimowlcdgc receipt of thc DELitAY BEACH COMMUNITY REDEVELOPMENT AGENCY Tax ID NO SocloJ Security or Tax fD No ADDENDUM TO CONTRACT FOR ~NALE AND PURCHASS~ SELLER: John Kla.,~fcld. a married man. :md Ilcn¢ Klasfel~ h~ ~fc BI~Y~R: ~l~y B~ C~umtv ~l~nt Agc~ PR~ERTY ~DR~: ~ Bilk ~ W~ Atl~ Av~e, ~y ~h, ~ XIV SPECLA]L. CLAUS£S (continued) A RADON GAS. i~don ~ is naturally occurnng radioactive gas tl~l. when tt has accumulated in a b~ildiflg iii $tl~ClCnt quantmer, may pre. scut health r~sks lo pit,oas who ~re expo~d to tt o,,¢r time LevcL~ of radon radon .',nd rodon testing may be ob~4ncd fi'om .v~r coun~ pubhc health umt Para~koh N of the Standards for Rea! Estate Transact,ohs attnched to this contract is hereby deemed to include an mspe~on for radon gas. B FOREIGN INVE$'I~IEt~'T IN REAL PROPERTY TAX ACT ("FII~I~J'A"). E,ttept aa othorMqs~: ~ov]tled hcrein, Buyer. pursuant lo Seclion 144.~ of thc Intcrnai l~venue Cod~ of 1956, as amended ('sectmn 144.q') :,nd thc regulations promulgated thereunder ("l~gulnt]on~'). shall be r~quflzxl to wvthhold st~h amount as ,sm~o~ssavy to comply wah thc R :~atious 3nd shall t~mely r~,mt to the Internal l~N, cnue SelN'tm the umOunl so w~lx~e~d along with pmpcrlyconqdetedrc-rmttanoefarms if, however, on or be£ofe closing, Sellcri~Y~;idesBu~/erw~th(I)an Affidavit of Nolx-Fomt~n Status regarding SeiLor, (2) a Nouce of Non-Recogmtton Treatment or (3) a Wflhhofding Cei'~ca~ c~tabhshmg that no, or a rcduco:L amount af fe~:ral ,ncOmC lax ts required to be withEeld ufldcr .aexbcm 1445 (ooflcctn, cly "Withholding DocuI,Aent") in prol~T form as required ~ the ~.egulnRons, ~ Buyer has no knowlodgc or notice dml the Withhotdin~ Documem furmshed by Selter is f.',isc, as determined in dc.t:ordance wilh the Rc§ulations. then Buyer ~ not be reo. mred lo withhold any pofllon of thc amount piyable to Sellgr or ~hail be ailowcd to withheld such lesser amount as is ns:iuir~-d by. thc applicable Withholding Documcm. 3s thc case may br.. ,)mi shutl subnut the amoum so w~thhcid lo thc lmeraal Revenue Service along, with properl~ com~esed remitlanc,~ forms In addmon, if Seller, prior to closing, sat,sties those ~aUo~ wh:ch f~ a W~l~ng ~um~t ~ t~ Inte~l ~onue S~ and ~ ~ce of s~ ~m to the R~i~ ~ Burr and ~td a~tlon ts still ~ndmg ~ Of ~ ~te of c[osmg, t~n Buyer s~l ~ra~ ~th ~1~ ~ ~t to ~w any a~unt wit~d at clo~,fl~ ~s~tt lo ~ ~lattons, ut Stiles c~, umd a fi~] ~n i~ ~ ~ng ;~d ~t~lon at which ~n~ ~ a~l s~J ~ ~ m ~c with ~td fi~l tn the cvcnt msufl~cicm cash ia paid by Buyer at closing to ~und thc Buyer's mthhold~ng oblt~mon. Sellcr ~hail deliver to Buyer at closing the amount of addiuonal cash neces.~l~ to salts~ Ihe Mthholcbng ol~isation Iff the cvem Buyer dctemunes after rite closing, thai the Wtlltholding Document provided by SeLler to Buyer r~l~vmg Buyer erttlt~ly of Buyer% duty tO Mthhold or reducing the amoutlt r~qulred to be w, thhcld by Buyer was false, l~.r shall havc the authority m widxhold from any additional ammmts duc to Scller tn ~:cordanoe with the l~§ulut]ons, all or such pod:on of s;m:l ;xddittonal ~,toun( due to Seller as Bev/er deems nec.~sc~ry to comply with Soction 1445 and lo ~'n~t the amoum so withheld and l'q:~.n suo,% ~l'~ormat~n ~.~ rcqmt~d under Ih~ l~egulntmns 1o t~ ]nten~l ~ Service C This Contract is conungent upon the Board of Comnussmnets of the Delr-~y Bench Commumty Redevelopment AKcm..'y approval within fourtocn days (14 days) D Thc pomes warrant and ngrcc that thc~rc is nO broker mvolv~d tn Iht1 transaction E Thc soil, surface wamr. drmna~e rcquimmonts and runoflr availability, g~ological conditions, and cnvwonmcntal state of thc .~c~crty being purchased must he acceptable to Buyer at Buyer's cxpo~se wahin the omc pcrmlttc, d for tlch~'y of evidence of title herein No~lce of the results of' such testing shall Ix: furnished lo Seller During the term of this Comract, the Buyer, or Buyer's employees, agents, rp.p~f, entatwes, or ~tsslgns, shall have full and complete right to enter uDon the propet~y for the purpose of making any and all tflspe~:tlotts tests and studies of tho prope~'y In the event smdconthttons disclosed by. such in~nections are unacceptable to Bu)cr. tit Buyer shall We tJ~ flgtit lo cancel thL~ A~rocmcfll and reccwc .', refund of all deposit mom,s pa:d hereunder 90'~ S8~8 9~£ Tg~ ~m6H ~ ~LeeM VZO:60 TO-9T-Ue~ Jan-16-01 ogtooA Realty & Mgmt 561 338 B4B5 P.02 TO: THRU: FROM: SUBJECT: DAVID T,d:tARDEN, CI~TY MANAGER JEFFREY A. COSTELLO, PRINCIPAL PL~t''~''~ - - MEETING OF FEBRUARY 20, 2001 **CONSENT AGENDA** ACCEPTANCE OF RIGHT-OF-WAY DEED FOR ROYAL PALM DRIVE ASSOCIATED WITH AMELUNG MANUFACTURING~ INC. (1180 S.W. 10TM STREET). The action requested of the City Commission is acceptance of a right-of-way deed for Royal Palm Drive from property owned by Amelung Manufacturing, Inc., located on the south side of S.W. 10th Street, approximately 700' west of S.W. 10th Avenue, within the MIC (Mixed Industrial and Commercial) zoning district. Royal Palm Drive is currently unimproved. On March 15, 2000, the Site Plan Review and Appearance Board (SPRAB) approved the site plan for Profiles in Concrete, an industrial development located on the south side of Royal Palm Drive adjacent to (south of) the Amelung property. The Profiles in Concrete development proposal includes the construction of roadway improvements for Royal Palm Drive, adjacent to their development. Presently, only 25' of right-of-way exists (previously dedicated by the Profiles in Concrete property via Sunny Acres plat) for this portion of Royal Palm Drive. In order to provide the necessary right-of-way width for the improvements (50' total), Amelung Manufacturing is dedicating 25' of right-of-way along their south property line. Any future development on the Amelung property will not require dedication of additional right-of-way for Royal Palm Drive. The Assistant City Attorney has reviewed and approved the deed as to form and sufficiency. By motion, accept the right-of-way deed for Royal Palm Drive associated with Amelung Manufacturing, Inc. Attachments: n Location Map, Right-of-Way Deed PARK TEN PARK TEN 2ND ADD LIN TON CENTRE 10TH GEORGIA STREET ROYA_ PALt DR I/ POINSETTIA DRIVE STREET wALLACE REPLAT N CITY OF DELRAY BEACH, FL PLANNING & ,ZONINGDEPARTMENT -- DIGITAL ~ASE MAP S~ST£M -- RIGHT-OF-WAY DEED THE SOUTH 25.0 FT. OF THE EAST 211.11 FT. OF LOT 21, SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33~?.~. RIGHT-OF-WAY DEED THIS INDENTURE made this 1st day of February , 2001, between Frank A. Amelung Jr. , with a mailing address of 1180 SW 10 St. Delra¥ Beach, F1 , as party of the fu:st part and CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, as party of the second part. WITNESSETH: That said party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors and assigns, all right, title, interest, claim and demand which the party of the first part has in and to the following-described land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit: See Exhibit "A" attached hereto. This Deed is made for the purpose of giving and granting to the party of the second part, its successors and assigns, a right-of-way and easement in and to said lands for public highway, street, and public utility purposes; and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and revest in the party of the first part or assigns. That this right-of-way shall be subject only to those easements, restrictions, and reservation of record. The party of the fa'st part agrees to provide for the release of any and all mortgages or liens encumbering this right-of-way. The party of the fa:st part also agrees to erect no building or effect any other kind of construction or improvements upon the above- described property. 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 right-of-way and that the same is unencumbered. Where the context of this Right-of-Way Deed allows or permits, the same shall include the successors or assigns of the parties. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right, title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the only proper use, benefit, and behalf of the said party of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. Sig~ed, s~ delivered Daniel J. Amelun~ (Name printed or typed) Michael L. Morqan (Name printed or typed) PARTY OF THE FIRST PART (Name printed or typed) 1180 SW 10th Street Delray Beach, FL 33444 (Address) STATE OF Florida COUNTY OF Palm Beach February to me or has produced The foregoing instnnnent was acknowledged before me this 1st day of ,200_~, by Frank A. Amelunq Jr. who is personally known Aident?catio~__./~ 8t~!$~6f Florida SKETCH OF DESCRIPTION NOTES: THIS IS NO T A SURVEY THE SOUTH LINE OF LOT 21 IS ASSUMED TO BEAR N. 90"OO'OO"E. L 0 T ~' SOUTH LiNE LOT 21 211.20' S. 90°~O'O0'W. 21I. 11' N. go*oo'oo'E. 21 .20' ROYAL PALM DRIVE 25' ROAD RIGHT OF' WA (PLA T BOOK 21, PAGE 2 SOUTHEAST CORNER LOT 21 DESCRIPTION: THE SOUTH 25.0 FEET OF THE EAST 211.11 FEET OF LOT 21, SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLA T THEREOF AS RECORDED IN PLA T BOOK 1, PAGE 4, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING 5,280 SQUARE FEET MORE OR LESS. )RDER NO. 93-174"RW' EXHIBIT "A " SHEET I OF I PAUL D. ENGLE Y SURVEYOR AND MAPPER t~5708 DA TS: APRIL 24, 2000 O'BRIEN, SUITER ~. O'BRIEN, INC CERTIFICATE OF AUTHORIZATION ~L8,55,.7 SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE: JOHN N. SI. lITER 2601 NORTH FEDERAL HIGHWAY DELRA Y BEACH FLORIDA ,:;7.3483 (560 276-4.501 [561.) 732-3279 [IT¥ I)F I)ELll;Iq BE;IgH DELRAY BEACH AII-Anwdca City 1993 TO: 100 N.W. 1st AVENUE MEMORANDUM FROM: David T. Harden City Manager Aobert A. Barcinski ssistant City Manager DELRAY BEACH, FLORIDA 33444 561/243-7000 DATE: February 14, 2001 SUBJECT: Agenda Item City Commission Meeting February 20, 2001 Ratification - Board Appointment Old School Square ACTION City Commission is requested to ratify the Board of Director appointments to Old School Square per paragraph 2(a) of the Management Agreement dated August 7, 1990. BA CKGR 0 UND Per the conditions set forth in the Management Agreement between the City and Old School Square, City Commission ratifies the appointments to the Board of Directors. Appointments to the Board are made by Old School Square. A list of the appointees for 2001 is attached. RECOMMENDATION Staff recommends ratification of the list of appointees to the Old School Square Board of Directors. RAB/tas File: u: sweeney/agenda Doc:board appointment OSS 2001 Prlnted on Recycled Paper THE EFFORT ALWAYS MATTERS MANAGEMENT AGREEMENT OLD SCHOOL SQUARE THIS AGREEMENT, made and entered into at Delray 1990, by and between th City of Florida municipal corporation, hereinafter referred to as the "City" and Old School Square, Inc., a Florida corporation, not for profit, hereinafter referred to as "Old School Square, Inc.". WHEREAS, the City has fee simple ownership of the old Delray Beach Elementary School site, which is to be restored and converted into a cultural center to provide educational, cultural, scientific and certain governmental activities; and, WHEREAS, Old School Square, Inc., was organized under the laws of the State of Florida, as a not-for-profit corporation for the purpose of leasing, restoring, developing and operating the cultural center; and, WHEREAS, the City has adopted a resolution dated September 13, 1988 which among other things states that Old School Square, Inc..shall serve as project administrator for the purposes of facility management and programming; and, WHEREAS, the City and Old School Square, Inc. entered into a lease dated July 31, 1989; and, WHEREAS, the City and Old School Square, Inc. desire to confizgn and clarify the organizational, operational and oversight procedures as to Old School Square Inc.'s responsibility for operation of the facility, including, but not limited to the establishment of budgets, the submission of state and federal grants, the solicitation of private grants and donations, the determination and establishment of programs by Old School Square, Inc. and the maintenance of the interior improvements by Old School Square, Inc.; and to clarify the procedures regarding maintenance of the exterior site by the City, pursuant to the lease. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS, STIPULATIONS AND AGREEMENTS HEREIN CONTAINED, THE PARTIES AGREE AS FOLLOWS: 1. The above WHEREAS clauses are true and correct and are incorporated herein by reference. 2. Board of Directors - Old School Square, Inc. shall be governed by the voting members of the Board of Directors. The Board of Directors shall be selected and perform all duties and responsibilities pursuant to the Articles of Incorporation and By-laws of Old School Square, Inc., as they now exist or as they may be amended from time to time. (a) Old School Square, Inc., shall submit to the City Commission on an annual basis the names of those elected to membership on the Board of Directors, for the purpose of ratification of the electees by the City Commission. (b) All meetings of the Board of Directors shall be duly advertised and open to the public in accordance with the ' 'Feb 13 01 03:58p Old School Square 561-243-7018 p.2 Old School Square, Inc. Directors as of January 16, 2001 Dr. Say Alporin 2100 Lake Ida Road Delray Beach, FL 33445 (561) 272-2131 Ms. Jestena Boughton Colony Hotel 525 E. Atlantic Avenue Delray Beach, FL 33483 (561) 2764123 Mrs. Frances F. Bourque 4780 S. Lake Drive Boynton Beach, FL 33436-5914 (561) 731-4311 Mrs. Lula Butler City of Delray Beach 100 NW 1 st Avenue Delray Beach, FL 33444 (561) 243-7203 Mrs. Phyllis Callaway 67 Spanish River Drive Ocean Ridge, FL 33435 (561) 369-0028 Mr. Robert D. Chapin Chapin, Armstrong & Ballerano, P. A. 1201 George Bush Boulevard Delray Beach, FL 33483 (561) 272-1225 Mr. Gerald Diamond The Diamond Company P. O. Box 1236 Delray Beach, FL 33447-1236 (561) 279-0082 Mrs. Jeanne Dubin 1125 Island Drive Delray Beach, FL 33483 (561) 265-2989 Mrs. Nancy Eamhart 4820 S. Lake Drive Boynton Beach, FL 33436 (561) 736-3538 Mrs. Wilma Elmore 1320 N. Ocean Boulevard GulfStream, FL 33483 (561) 274-2116 Ms. Judith A. Ezzes 2637 NW 49th Street Boca Raton, FL 33434 Mrs. Pat Golembe Healy Design Associates 19 Andrews Avenue Delray Beach, FL 33483 (561) 276-5719 Mr. James A. Griffis, Jr. 555 SE 6th Avenue, APt. 11D Delray Beach, FL 33483 (561) 276-0068 Mrs. Anita Hyman (561) 278-7050 237 SE 7th Avenue DelrayBeach, FL 33483 (561) 278-7050 Mrs. Jamcs E. Jones, Jr. 1430 N. Ocean Boulevard Dekay Beach, FL 33483 (561) 276-9662 Mr. Thomas E. Lynch The Ptastridge Agency, Inc. P. O. Drawer 730 Dekay Beach, FL 33447-0730 (561) 276-5221 ~' F~ 13 01 03:59p Old School S~uar~ 561-2~3-?01B po3 Mr. P. Michael Manning, Jr. Law Offices of P. Michael Manning, Jr. 101 SE 6th Avenue, Suite B Delray Beach, FL 33483-5261 (561) 276-1989 Mr. Donald Robinson Robinson Travel Systems, Inc. 6507 Wilkins Avenue Pittsburgh, PA 15217 (412) 661-1200 Mr. W. Tunstall Seamy 200 N. Ocean Blvd. g4N Delray Beach, FL 33483-7126 Mr. Mark Templeton Citrix Systems, Inc 6400 NW 6th Way Fort Lauderdale, FL 33309 (954) 267-2301 Mr. Michael Weiner Weiner & Aronson, P. A. 102 N. Swinton Avenue Delray beach, FL 33444 (561) 265-2666 Mrs. Janet Onnen Meisner Electric 220 NE 1st Street Delray Beach, FL 33444 (561) 278-8362 ext. 305 Mr. Barry Rubin Merrill Lynch Pierce Fenncr& Smith 777 E. Atlantic Avenue, 4th Floor Dekay Beach, FL 33483 (561) 276-1600 Mr. 1LI Simms 6504 Contempo Lane Boca Raton, FL 33433 (561) 368-3431 Mrs. Nancy Touhcy 1200 N. Ocean Boulevard Delray Beach, FL 33483 (561) 278-4115 Mr. Paul Xylander SunTrust Bank South Florida N.A. 302 E. Atlantic Avenue Dekay Beach, FL 33483 (561) 243-6725 lIT'/' JIF llELRFI¥ BEII[H DELRAY BEACH AII-AmericaCity 100 N.W. I st AVENUE 1993 TO: FROM: SUBJECT: DELRAY BEACH, FLORIDA 33444 David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager CONSENT AGENDA CITY COMMISSION MEETING FEBRUARY 20, 2001 DATE: February 16, 2001 561/243-7000 Action City Commission is requested to grant a temporary use permit per LDR's Section 2.4.6(H) for the closure of the portion of NE 1st Avenue between the CRA parking lot entrances. Background South Florida Parenting, Inc. is holding a Family Block Party as a fund-raiser at Old School Square on March 24~h and 25th. This is an Old School Square event similar to any program that might be held on the grounds. However, Old School Square is requesting the closure of a portion of NE 1st Avenue. Police security needs are being handled directly with the Police Department under the detail rate. Recommend(3tion Staff recommends approval of the temporary use permit for the partial closure of NE 1st Avenue on March 24th and 25th, RAB:tas Flle.'u.'$weeney/ogendo Doc:Consent Agendc/ Foml/y Block Par'fy2001 THE EFFORT ALWAYS MATTERS Jan 30 O1 03:47p Old School Square 561-243-7018 Old School Square C U L T U R A I ARTS CENTER DELItAY FAMILY BLOCK PAIt'rY Presented by South Florida Parenting January 30, 2001 TO: FROM: RE: Event Update Bob Barcinski, Assistant City Manager Melissa Caner, Old School Square Request t'or City Assistance Delray Family Block Party, March 2001 This will serve as an updated request for City assistance for the Delray Family Block Party at Old School Square. Event Description: A festival, targeting families with children 12 and under, featuring South Florida Parenting's popular mix of rides, hands-on crafts, costumed characters, sports, face painters and food. The event is patterned after a similar (and very successful event) they do in South Mmmi. Date/Time: March 24 & 25, 2001 from 10 a.m.-5 p.m. Admission: The event is gated with an adnfission fee of $6 for adults mhd $4 tbr children 12 and under. Est. attendance: 15-20,000 total for the weekend. Sponsors: South Florida Parenting, Sun-Sentinel, WPTV Channel 5 and Sunny 104.3 Request for Parks & Recreation Dept. assistance: · Stage: Large stagc with covcr - on ccntcr la~vn of OSS; can be set up during regular working hours · Trash boxes & liners: (20) for OSS grounds Old School Square, Inc. 51 North Swinton Ave Delray Beach, Florida 33444 Phone (561) 243-7922 Jan 30 O1 03:~?p Old School S~uare 561-2~3-?018 p.3 Trash pick-up: Volunteers will service trash boxes during the weekend. A dumpster will be brought in at South Florida Pm'enting's expense, coordinated by OSS. Request for partial street closure and use of public parking spaces: · We will need to close NE 1st Ave. between the south entrance to the CRA [ot and the north entrance to the CRA 1or. This portion of the street will house two kiddie rides as well as the port-o-lets and wall be fenced in. Cars xvill still have access to the parking lot. ° We will need to have two parking spaces in the CRA lot blocked off for the dumpster. OS S to send request to the CRA. Fencing: The center grounds, the eastern front quadrant and the portion of NE 1 st Ave. described above will be fenced w~th 6 foot temporm~r chain link panels (as was used for First Night). Set-up: Set-up of tents will start on Thursday, March 22; fencing on Friday March 23rd. Securi~: South Florida Parenting to hire security for tl~e weekend, including all night Saturday the 24t~'. Site Plan: Please see attactunent MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM O~. (.-9'. - REGULAR MEETING OF FEBRUARY 20, 2001 CANCELLATION OF BID AWARD TO KIM'S FLORIDA GARDEN AND AWARD OF CONTRACT TO LUIS CINTRON'S LAWN SERVICE INC. DATE: FEBRUARY 15, 2001 This is before City Commission for authorization to cancel the bid award to Kim's Florida Garden and award to second low bidder, Luis Cintron's Lawn Service Inc. for landscape maintenance - South Federal Highway and Congress Avenue at an estimated annual cost of $17,589.00. On October 2, 2000, City Commission approved an award to Kim's Florida Garden for landscape maintenance - South Federal Highway and Congress Avenue. However, after the award of bid, contracts were sent to the vendor and never returned executed. In addition Purchasing has received a cancellation notice from the insurance company stating that the insurance policy with Kim's Florida Garden has been cancelled due to a payment with a non-sufficient funds check, and the policy will not be reinstated. In view of the above, the action requested by the Commission is to cancel the bid to Kim's Florida Garden and award a contract to Cintron's Lawn Service Inc. for an estimated annual cost of $17,589.00. Funding is available from 119-4144-572-46.40 (Beautification Maintenance). Approval is recommended. RefiAgmemo 14. Cancellation of Bid/Award Luis Cintrons's2-20-01 MEMORANDUM TO: FROM: THROUGH: DATE: David T. Harden, City Manager Jacklyn Rooney, Purchasing Supervisor Joseph Sa<~ance Director February 15, 2001 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING FEBRUARY 20, 2001 - CANCEL CONTRACT AWARD WITH KIM'S FLORIDA GARDEN AND RE-AWARD TO LUIS CINTRON'S LAWN SERVICE INC. - BID #2000-42 Item Before Commission: City Commission is requested to approve the cancellation of award for Bid #2000-42 to Kim's Florida Garden and re-award to second low bidder, Luis Cintron's Lawn Service Inc. for landscape maintenance - South Federal Highway and Congress Avenue at an estimated annual cost of $17,589. Background: City Commission, on October 02, 2000, awarded Bid #2000-42 to the low bidder, Kim's Florida Garden. Contracts were mailed to the vendor for execution. These contracts were never executed and completed by the vendor. Purchasing is requesting that Commission authorize staff to cancel the award to low bidder, Kim's Florida Garden and re-award to the second low bidder, Luis Cintron's Lawn Service Inc. The Director of Parks and Recreation and Parks Superintendent recommend this re-award to Luis Cintron's Lawn Service Inc. See attached memo dated 02/15/01 to the Parks Superintendent. Recommendation: Purchasing staff recommends the cancellation of award to Kim's Florida Garden and re-award to Luis Cintron's Lawn Service Inc. for an estimated annual cost of $17,589. Funding from account code # 119-4144-572-46.40. Attachments: Memo Dated 02/15/01 to Parks Dept. Commission Agenda dated 09/28/00 Memo Dated 01/24/01 from Luis Cintron's Lawn Service Inc. Fax Dated 01/18/01 to Kim's Florida Garden Fax From Any Kind Insurance dated 01/19/01 561~437166 CITy ~3F DELRAY BEACH 65~ P02/~ FEB 15 '01 ~9:54 PIJRCHASING DIVISION TO: FROM: THROUGH: SUBJECT: DATE: Tim Simmons, Parks Superintendent / JackJe Roone¥, ~Purchasing Supervisor(~_ ~, ----~.~ Joseph Sa~~ance Director Bid #2000-42 Landscape Maintenance - South Federal Highway and Congress Avenue February 15, 2001 City Commi.~sion, on October 0;~, 2000, approved award of the above bid for Landscape vlaintenance to iow Ioidder, K~m's Florida Garden. After award Purchasing sent Kim's Florida Garden contracts for signature. These contracts were never executed by the vendor. Purchasing has made several atte ~pts via phone calls and faxes to vendor asking for return of proper documentation for execution of contracts. See attached copy of the last attempt by fax to thE, vendor dated 01t18t0t. The vendor never did respond to my fax. In addition~ Purchasing received a cancellation notice from the insurance company stating that !he insurance policy with Kim's Florida Garden has been cancelled due to a payment with a non-sul~icient funds check, and the policy will n~t be reinstated. Per my phone conversation with the City Attorney's Office in reference to these contracts n(~t being executed by the awarded vendor, I then contacted the next Iow bidder, ~.uis Cintron's Lawn Service, Inc. to see if they would hold pricing of their bid sal~mitted for this contr;act dated 08/13/00. Luis Cintron's is a current vendor the City has doing another landscape maintenance contract and their worklservic,; was rated highly b,.t you. Luis Cintron's responded that they will hold their pricing of this bid See attached memo date :1 January 24, 2001. 5612437166 CITY ~ DELRAY BEACH 65~ P~3'~ FEB 15 '01 ~9:55 If you are ir agreement to Purchasing doing an agenda package to re-award to Lusi CJntror~'s Lawn Service, please sign below and I will submit a Commission Agenda pac:kage for cancellation of the award to Kim's Florida Garden and recommen¢ re-award of contract to second Iow bidder, Luis Cintron's Lawn Service. Date ' If have any :luestions, you may contact me at ext. 7163. Attachment;~ Cc. Joe Wedon, Director of Parks and Recreation MEMORY TRANSMISSION REPORT TIME : JAN 18 '01 12:04 TEL NUMBER : 5612459166 NAME : CITY OF DELRAY BEACH NBR FILE DATE TIME DURATION PGS TO DEPT NBR MODE STATUS 223 26 JAN. 18 12:04 00/53 1 561 845 3858 EC M OK PURCHASING DEPARTMENT CITY OF DELRAY BEACH 100 N.W. FIRST AVENUE DELRAY BEACH, FLORIDA 3344a~ FAX TRANSMITTAL DATE: _....~o~ 'is/oi TO: Name: James Hovard Companl Name: Ki~'s Florida Garden Fax Nun~ber: 561-845-3558 Total Number of Pages Including Trm~smittal Sheet: RE: Contra~ ts for Bid ~2000-42 Commen~: (:it% CommlnsLon approved award in October of 2gOO..Cq your company for this bid. We (the City) have beem waiting for you to bring in correct doctmeutation for execution of these contracts sinc~ then~. We truly uncerstand tha~ you had a death in ~he family and the City has made allowance for this (giving yot~ additional time for tone, facts). We need to get these ccntracts executed m~ the City Parks crew are having to do the work. Per ~y phone conversation with City Attorney's Office this a.g., we are advising you that you must come in to my office this week before 5:00 P.M. oe Frlday, 01/19, wi~ .your documiem:a:iom for completion of con:facts or we will re:ommend that CommiSsion reject your award and award to next Iow bidde~. Please respond. Thanks. FROM: L~ ]ACKLYN ROONEY, PURCHASING SUPERVISOR PHONE (561) 24~-7163 FAX (561) 243-7166 COPIES: ~ Kind Insurance 1085-A Silver Beach Road, Lake Park, Florida Date: 33403 Number of pages including this one: l'O: ._( Phone: FROM: GLENN K. FANNIN Phone. 56.1-844r8008 .......... Fax: 561-844-6727 SUBJECT: REMARKS: !1 Urgent ~'~oryour review Ii Reply ASAP il Please comment ! Leis Cintren's Lawn Service Inc. Palm Beth, FL ~'J411-~039 USA ~nca~ (561) 7984511 Fax (561) 798-6511 Janua~ 24, 2001 Iackie Roone? Cny of Delray Beach Purchasing Supernsor t 00 N-W First Ave, I)elray Beach, FL 33444 RECEIVED r;l~ fi § 2001 l)car Mm. Rooney: Th~s letter is to vc-rify that Luis CinLron's Lava: ServiCe Lac shall if awarded thc Contract ~000-42 keep the prices and terms as so stated in thc Prices wc submitted in August of 2000. Shall you need any further reformation please feel free to contact mc We look ronsard to working w~th you and la)ur professional Sl~ Para Cintron Luis Cintmn's Lawn Semce Inc. 0 Z~ .< © .< .< AGENDA ITEM NUMBER' AGENDA REQUEST Request to be placed on: February 20, 2001 Date: February 15, 2001 XX Consent Agenda __ Special Agenda Workshop Agenda Description of agenda item: Cancellation of Bid #2000-42 - Landscape Maintenance - South Federal Highway and Congress Avenue to Iow b~dder, Kim's Florida Garden and re-award to second Iow b~dder Lugs Qntron's Lawn Service Inc. for an estimated annual cost of $17,589. ORDINANCE/RESOLUTION REQUIRED. YES Draft Attached: YES NO NO Recommendation: Re-award of Bid #2000-42 to Luis Cintron's Lawn Service Inc. for Landscape Maintenance - South Federal Highway and Congress Avenue at an estimated annual cost of $17,589. Funding from account code 119-4144-572-46.40. Department Head Signat~ ~ ~--~~ we c///o- -'-'- Determination of Consistency mprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items in¥olv~ng expenditure of funds): Funding available: Yes ~'~'~ No Funding alternatives' Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda:(~ ~ No Hold Until: (if applicable) Agenda Coordinator Review: Received: Action' Approved Disapproved MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM ~'./'~ - REGULAR MEETING OF FEBRUARY 20, 2001 RESOLUTION NO. 16-01 February 14, 2001 This is a resolution assessing costs for abatement action required for the emergency board-up of an unsafe structure located at 213-215 SE 9th Street. The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien against the property in the event the assessment remains unpaid. Recommend approval of Resolution No. 16-01. Ref'Agmemo 15.Res 16-01.Boardup Unsafe 213-215 SE9thStreet RESOLUTION NO. 16-01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELR_AY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Article 7.8 of the Land Development Regulations, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code of Ordinances; and, WHEREAS, pursuant to Article 7.8 of the Land Development Regulations of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Article 7.8 of the Land Development Regulations, describing the nature of the violations and sent notices that the building was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Article 7.8 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Article 7.8 of the Land Development Regulations the Building Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 7.8.11 of the Land Development Regulations of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Article 7.8 of the Land Development Regulations desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 7.8.11 become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assessment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at Res. No. 16-01 the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the , 2001. day of ATTEST: City Clerk MAYOR Res. No. 16-01 CITY OF DELRAY BEACH UNSAFE BUILDING/STRUCTURE NOTICE OF ASSESSMENT TO: MAILING ADDRESS: PROPERTY ADDRESS: LEGAL DESCRIPTION: GIACINTO J. SCHWALL 12375 SOUTH MILITARY TRAIL BOYNTON BEACH, FL 33436 213-215 SE 9th STREET LOT 27, BLOCK 9, OSCEOLA PARK ACCORDING TO PLAT BOOK 3, PAGE 2 OF THE OFFICIAL RECORDS OF PALM BEACH COUNTY, FL You, as the record owner, of, or holder of an interest in, the above described property are hereby advised that a cost of $ 1,166.36 by resolution of the City Commission of the City of Delray Beach, Florida, dated ,2000 has been levied against the above described property. The costs were incurred as a result of an abatement action regarding the above described property. You were given notice on January 30, 2001 that the Chief Building official had determined that a building/structure located on the above described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated by the city if you failed to act. __X You failed to appeal the decision of the chief Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining an appeal. You have also failed to take the corrective action required in the Notice of Unsafe Building/Structure. You appealed the decision of the Chief Building official to the Board of Construction Appeals. You were given written notification on the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Chief Building official to the Board of Construction Appeals. You were given written notification on the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Chief Building Official to the Board of Construction Appeals on The Board of Construction upheld the decision of the Chief Building Official. Res. No. 16-01 The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above described property on December 19, 2000 at a cost of $1,166.36 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost plus additional administrative and recording costs shall be recorded in the official Records of Palm Beach County, Florida against the above described property. THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING MORTGAGES. Copies of all notices referred to in this notice are available in the office of the Chief Building Official. BY ORDER OF THE CITY COMMISSION City Clerk Res. No. 16-01 5 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~f~ AGENDA ITEM ~-~' - REGULAR MEETING OF FEBRUARY 20~ 2001 RESOLUTION NO. 17-01 FEBRUARY 14, 2001 This is a resolution assessing costs for abatement action required to remove nuisances on fifteen (15) properties throughout the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 17-01. Ref Agrnemo 15 Res 15 -01 NmsanceAbatement RESOLUTION NO. 17-01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUB DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertaining to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assessment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said property owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, WHEREAS, the City of Delray Beach, through the City A~ministration or such agents or contractors hired by the City A~hninistration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Com4ssion of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and foreclosures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording Res. No. 17-01 of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of · 2001. MAYOR ATTEST: City Clerk Res. No. 17-01 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER ASSESSMENT ~,TLANTIC PARK GARDENS, DELRAY, LOT 20, BLOCK 1, PB 14, P 56, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 12-43-46-17-18-001-0200 (NW 13TH AVENUE) CUST. ID # 159 NICHOLS 2ND ADD TO DE~RAY BEACH, LOT 14, PB 21, P 70, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 12-43-46-20-08-000-0140 (304 SW 7TH STREET) CUST ID# 5102 PALM BEACH COUNTY, FL 12-43-46-16-01-022-0131 (SW 5TH AVENUE) CUST ID #805 , RPI MANAGEMENT coRp :209 NE 95TH STREET SUITE 2 MIAMI, FL 33139 MOLLIE K. BOWLES GUARDIANSHIP PROGRAM OF DADE COUNTY 7950 NW 53rd ST. # 301 i!MIAMI, FL 33166-7903 50.95 ' 70.00 ADM. FEE - TOWN OF DELRAY, S 6 FT OF N 98 FT OF E 135 FT ' OF S 1/2 OF BLOCK 22, PUBLIC RECORDS OF i PALM BEACH COUNTY !'C/O DEPT OF COMMUNITY ~ SERVICES/HEAD START ' 810 DATURA STREET WEST PALM BEACH, FL 33401 POINCIANA HEIGHTS OF DELRAY BEACH, LOT 29, PB 26, P 245, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 12.43-46-17-40-000-0290 315 NVV 12TH AVENUE CUST ID # 6044 TOWN OF DELRAY, S 50 FT OF N 227 FT OF W 135 FT OF BLOCK 2, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 12-43-46-16-01-002-0160 ((231 NW 8TH AVENUE) CUST. ID # 7258 67.93 ~0~)0 ~A-DMi'FEE 40 95 caRa J. CARTER, JR. 315 NW 12TH AVE DELRAY BEACH, FL 33444 7'0 00 ~ADM FEE 67 93 ~ 70.00 :ADMFEE i~JOSEPH PRICE BOX 1432 :;BARNWELL, SC 29812 $ 50.95 70-.~b ~A~M FE~ Res No. 17-01 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE INORTHRIDGE, LOT 15, BLOCK 4, PB 23, P 168, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 12-43-46-04-20-004-0150 (206 NE 22nd STREET CUST. ID # 8666 TOWN OF DELRAY, S 150 FT OF W 135.5 FT OF BLOCK 26, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 12-43-45-16-01-026-0120 (415 NW 2ND STREET) CUST ID# 114 SOUTHRIDGE, LOTS 8, 9, 26 & 27, BLOCK 10, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 12-43-46-20-13-010-0080 (SOUTHRIDGE ROAD) CUST ID # 8667 SUB oF N 1/2 OF SE 1/4 ~F SE 1/~, OF SW 1/4 UNREC/LOT 1, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 12-43-46-17-43-000-0010 (802 SW 3RD STREET) CUST ID # 280 TOWN OF DELRAY, S 75 FT OF N 150 FT OF E 1/2 OF S 1/2, BLOCK 39, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 12-43-46-16-01-039-0050 (230 SW 3RD AVENUE) CUST ID # 6631 '.JAMES PLANUTIS !4867 NW 6TH COURT DELRAY BEACH, FL 33445 FRED D. MC COY & AMERIFIRST 17500 NW 68TH AVENUE # 210 HIALEAH, FL 33015-4044 $ 74.88 JONATHAN DAWES 1102 COCONUT ROAD DELRAY BEACH, FL 33483 70.00 ~?_DM.FEE 96.03 70.00 ADM. FEE i JAMES & HATTIE L BROWN 802 SW 3RD STREET DELRAY BEACH, FL 33444 ROBERT L. BURNS & ANGELA D. BURNS 2578 LAKE IDA ROAD DELRAY BEACH, FL 33445 85.43 7_011~0 -ABM". FEE_ 50.95 ~0.0-0 ADM. FEE 75.90 70.00~DM. FEE Res No 17-01 COST OF ABATING NUISANCES UNDER CHAPTER '100 OF THE CODE OF ORDINANCE OSCEOLA PARK, LOT 27, BLOCK 9, PB 3, P 2, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 12-43-46-21-01-009-0270 (213 & 215 SE 9TH STREET) CUST ID # 8545 ATLANTIC PARK GARDE-Ns, DELRAY, LOT 19, DELRAY, BLOCK 2, PB 14, P 56, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 12-43-46-17-18-002-0190 (39 SW 13TH AVENUE) CUST ID # 258 OSCEOLA PARK, W 63.36 FT OF LOTS 28, 29, & 30, BLOCK 7, PB 1, P 3 , PUBLIC RECORDS OF PALM BEACH COUNTY, FL 12-43-46-21-01-007-0281 (629 SE 2ND AVENUE) CUST ID #6256 TOWN OF DELRAY, LOT 3, BLOCK 47, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 12-43-46-16-01-047-0030 (206 SW 2ND AVENUE) CUST. ID # 60 ATLANTIC PARK GARDENS, DELRAY, LOT 19, BLOCK 1, P 23, P 70, PUBLIC RECORDS PALM BEACH COUNTY, FL 47 NW 13TH AVENUE 12-43-46-17-18-002-0190 47 NW 13TH AVENUE) ICUST ID # 8665 GIACINTO J. SCHWALL 901 NW 6th AVENUE BOCA RATON, FL 33432 J.D. MONROE & EARLINE MONROE 32 EARLE STREET HARTFORD, CT 06120-1714 BEN & IRIS HAMMETT r 2996BYINGTON CIRCLE TALLAHASSEE, FL 32303.2504 58.93 70.00 ADM FEE $ 58.93 $ ---~0.00 ADa. FEE ROBERT G ALLEN & PATRICIA ALLEN 206 SW 2ND AVENUE DELRAY BEACH, FL 33444 GLENDA WILLIAMS 5285 SUNRISE BLVD. DELRAY BEACH, FL 33484 VIOLATION IS. SEC. 100-01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS, DECLARED NUISANCE. $ 50 95 $ ~0.0~ ~ADa. FEE 53.93 70 00 ~AMD. FEE $ 58.93 $ _ 70.00_.ADM. FEE Res No 17-01 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~, AGENDA ITEM ~ - REGULAR MEETING OF FEBRUARY 20, 2001 REVIEW OF APPEAl.ABLE LAND DEVELOPMENT BOARD ACTIONS DATE: FEBRUARY 14, 2001 Attached is the Report of Appealable Land Use Items for the period February 5th through February 12, 2001. It reforms the Commission of the various land use actions taken by the designated boards that may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Recetve and file the report as appropriate. RefiApagmemo/Appealables/02.20.01 CITY MANAGER TO: D~ARDEN~CToR THRU: PA,).)IL DORLING, DI OF PLANNING AND ZONING FROM: /,/ASMIN ALLEN, PLANNER SUBJECT: ' MEETING OF FEBRUARY 20, 2001 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS FEBRUARY 5, 2001 THRU FEBRUARY 16, 2001 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of February 5, 2001 through February 16, 2001. This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. A. Approved (7 to 0), a request for a flat wall sign for Cheeburger Cheeburger, located at the southwest corner of SE 5th Avenue and East Atlantic Avenue (450 East Atlantic Avenue). B. Approved (7 to 0), a request to reconsider the building colors for Waterway Village, a proposed mixed use development located at the southwest corner of Lindell Boulevard and Federal Highway. City Commission Documentation Appealable Items Meeting of February 20, 2001 Page 2 C. Approved (7 to 0), a request for a color change for Foreign Cars & Classic Inc, located on the north side of SW 10th Street between SW 16th Avenue and SW 17th Avenue (1601 SW 10th Street). D. Approved with conditions (7 to 0), a Class II site plan modification and architectural elevation plan associated with fa(~ade changes for SOPRA Restaurant (formerly Martini's), located at the southeast corner of SE Ist Avenue and East Atlantic Avenue (100 East Atlantic Avenue). E. Approved with conditions (7 to 0), a Class III site plan modification and architectural elevation plan associated with the conversion of the second floor to offices and construction of an exterior elevator for Old School Bread Professional Offices, located at the northeast corner of NE 1st Avenue and East Atlantic Avenue. F. Approved with conditions (7 to 0), a Class V site plan, landscape plan and architectural elevation plan for the Diamond Building, a proposed 11,084 sq. ft. office building, located at the northwest corner of SE 5th Avenue (southbound Federal Highway) and NE 2nd Street. Concurrently, the Board approved the following waivers: Reduced the required stacking distance from 20' to 10'. Reduced the width of the landscape island within the parking lot from 5' to 3'2". r', Reduced the required visibility triangle at the corner of NE 5th Avenue and NE 2"d Street from 40' to 22.5' Approved with conditions (6 to 0, Bodker absent), a Class V site plan, landscape plan, architectural elevations and a Certificate of Appropriateness associated with the conversion of a single family residence to office for the Historic Swinton Office, located on the west side of N. Swinton Avenue, north of NE 1st Avenue (120 N. Swinton Avenue). Concurrently, the Board approved a request to reduce the required perimeter landscape strip along the north and south sides of the property from 5' to 4'5". Approved (5 to 0, Sloan stepped down), a request for a Certificate of Appropriateness to allow a change in exterior paint colors, roofing material and new awnings for a contributing multi-family structure located at 102 SE 7th Avenue which is on the west side of SE 7th Avenue, south of SE 1st Street. 3. Denied (2 to 4, Jamison, Sexton, McDermott & Ames dissenting), a Class II site plan modification and a Certificate of Appropriateness to allow changes to the City Commission Documentation Appealable Items Meeting of February 20, 2001 Page 3 parking lot layout for Rectory Park, located at the southwest corner of West Atlantic Avenue and Swinton Avenue (20 West Atlantic Avenue). Approved (6 to 0), a request for a Certificate of Appropriateness associated with changes to the exterior paint colors and the style of lattice on the east elevation for a contributing single family residence located at 310 NE 1st Avenue {west side of NE 1st Avenue, north of NW 3rd Street. No Regular Meeting of the Planning and Zoning Board was held during this period. By motion, receive and file this report. Attachment: · Location Map CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting- FEBRUARY 20, 2001 i LAEE IDA ROA£ ATLANTIC LOWSON BOULEVARD N W 2ND ST ~W. 2ND ST, i LINTON BOULEVARD i i i ~ i. ..... J UNTON $.P.R.A.B: A. CHEEBURGER CHEEBURGER B. WATERWAY VILLAGE C. FOREIGN CARS & CLASSICS, INC. D. SOPRA RESTAURANT E. OLD SCHOOL BREAD COMPANY F. DIAMOND BUILDING H.P.B: `/. HISTORIC SWINTON OFFICE 2. '/02 S.E. 7TH AVENUE 3. RECTORY PARK 4. 310 N.E. 1STAVENUE CITY LIUrTS ......... ONE MILE GRAPHIC SCALE CiTY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT 2O00 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~'~. - REGULAR MEETING OF FEBRUARY 20, 2001 FLORIDA TELEPORT/LETTER OF INTENT FEBRUARY 16, 2001 City Staff has had several meetings with representatives of Florida Teleport, a new communications company, with regard to locating certain of their facilities in Delray Beach. They are interested in obtaining a nonexclusive franchise to put fiber optic cable on City properties. They are especially interested in the possibility of pulling fiber-optic cable through our existing storm sewer system. Before proceeding further, Florida Teleport has requested that the City approve the attached letter of intent. The City Attorney has approved the wording of the draft letter, but she recommended that it should be voted by the Commission and signed by the Mayor instead of the City Manager. If this company is successful, it should place the City in an excellent position to fully participate in the whole "Internet Coast" development. There are certainly many issues to be resolved before we could bring you a franchise agreement, but we recommend that you approve the Letter of Intent. Ref.'Agmemol4 Florida Teleport 2-20-01 FLORIDA ' X February 12, 2001 Mr. David Harden City Manager City of Delray Beach Dear Mr. Harden, As per our telephone conversation of earlier today, please find attached a draft version of a Letter of Intent (LOI) between the City of Delray Beach and Florida Teleport. Please feel free to review it at your convenience and make those changes which you deem necessary. We look forward to reviewing the final version with you. In the meanwhile, please do not hesitate to contact us should you have any questions or require additional information. Sincerely, Dave Brache Chief Executive Officer Florida Teleport, Inc. 15813 NW 16a CT Pembroke Pines Florida 33028 Tel: 954-651-0383 Fax' 954-441-0041 FLORIDA February 15, 2001 Mr. David Harden City Manager City of Delray Beach, FL Dear Mr. Harden, Thank you again for the assistance you, your staff, and the representatives from the Utilities Dept. have given us over the last several months. We are very pleased to know that we will continue working together to develop a project that will bring mutual benefits. As you know, one of the options we were pursuing was the possibility of installing cable within the intedor of the sewer ocean outfall pipe that aligns with Atlantic Blvd. Due to limitations with the number and type of cable that could be installed, along with concerns from engineers at the Waste Water Treatment Plant, we have decided not to pursue this option. I wrote to Mr. Bob Hagel, Executive Director of the treatment plant today thanking him for his assistance and informing him we were not moving forward with trying to use the interior of the outfall. Given the situation noted above, we have no choice but to use more traditional methods for landing cable, which includes using horizontal directional, drilling methods to install ocean bore pipes. This procedure will require the temporary use of sites on shore as staging areas for the boring equipment. These sites will also require that a prefabricated beach manhole be installed in order to splice and interface ocean cable with its terrestrial counterpart. For this reason, we respectfully request that the LOI which we submitted to you be modified to include the use of city parks, properties, and easements in the feasibility studies which we will jointly conduct. We have attached a Revised Version of the LOI for review by you and the city Attorney. Please advise if this revision is acceptable to you. We sincerely apologize for any inconvenience that may result from this request and ask that you pardon this oversight on our part. We thank you in advance for your consideration and look forward to hearing from you. Sincerely, Dave Brache Chief Executive Officer 15813 NW 16th CT Pembroke Pines Florida 33028 Tel: 954-651-0383 Fax: 954-441-0041 LETTER OF INTENT ( Draft ) This Letter of Intent (LOI), is entered into this February ,2001 (the "Effective Date"), by and between: The City of Delray Beach, Florida (~City of Delray Beach"), a local government entity. and FLORIDA TELEPORT, INC., ("Florida Teleport") a corporation organized and legally existing under the laws of the State of Florida, hereinafter, each, individually, a "Party" and, collectively, the "Parties." WHEREAS The City of Delray Beach, Florida is a local govemment entity having ownership and/or control of p~s,~properties, existing outfall pipes, a storm sewer network, and related easements; WHEREAS Florida Teleport intends to design and build in Southern Florida, a facility for the interconnection of submarine fiber systems, terrestrial fiber, satellite space segments, and telecom-leased space; WHEREAS The City of Delray Beach and Florida Teleport believe that the use of the city's existing storm sewer network for the installation of fiber-optic cables will be of mutual benefit; NOW THEREFORE, the Parties hereto, in consideration of the mutual covenants herein expressed, agree with each other as follows: I. JOINT EXPLORATION OF MUTUAL OPPORTUNTIES A. The Parties agree to jointly explore all viable engineering and commercial options for the interconnection of the city's existing infrastructures with the Florida Teleport facility in such a manner that it will result in value and benefit to the Parties. Joint efforts would include but not be limited to the following: 1. A feasibility study for the installation of fiber-optic cables within the City of Delray Beach storm sewer network outfall pipes, city parks, city properties, and city easements. 2. Identifying and selecting optimal routes that allow for the in[erconnebtion ~f,~i~il~l~ ~ifypr0~erti~;'%~~ idfrastructures, and related easements between the ocean or intra-coastal waterway and candidate sites for the teleport facility. 3. Determining the scope and method of compensation for use of city and easements. B. The Parties agree to work in a cooperative manner and explore any other opportunity(ies) that may be identified and deemed of mutual interest by the Parties. C. In all cases, the Parties agree that all agreements or arrangements between the Parties will be under mutually acceptable terms and conditions and seek to grant fair and reasonable treatment or value to each of the Parties. I1. COMING INTO EFFECT Upon signature of this LOI, the Parties agree to jointly commence reasonable actions required to explore and analyze the options identified in section 1 of this document. This LOI shall be considered non-binding on the Parties until such a time that the Parties agree to enter into a formal, detailed, and binding agreement of a type or nature mutually acceptable to the Parties. For: The City of Delray Beach For: FLORIDA TELEPORT David T. Harden City Manager Dave Brache Chief Executive Officer MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ff~. - REGULAR MEETING OF FEBRUARY 20, 2001 DATE: AWARD OF BIDS AND CONTRACTS FEBRUARY 14, 2001 This is before the City Commission to approve the award of the following bids and contracts: Purchase award in the amount of $18,650.00 to FireCo, Inc. for the purchase of a thermal imaging camera with funding in the amount of $16,000.00 from 115-0000-248-64.00 (Special Projects Fund) and $2,650.00 from 001-2315-526-64.90 (Other Machinery/Equipment). Bid award in the amount of $999,489.89 to Florida Blacktop, Inc. for the 2000 Roadway Bond Programs - NW Area Infrastructure Improvement project. Funding in the amount of $481,231.89 from 370-3162-541-65.44 (2000 Roadway Bond Program), $200,418.00 from 448- 5461-538-65.51 (Storm Water Utility Fund), and $317,840.00 from 442-5178-536-65.51 (Water & Sewer Repair & Replacement). Various bid awards for replacement vehicles from Florida Sheriff Association Contract, as specified in Attachment "B", and from the State of Florida Contract, as specified in Attachment "C" in the backup. Funding is available from 501-3312-591-64.20 (Central Garage/Automotive) in the amount of $854,135.00. 4. Award contract in the amount of $66,500.00 to Dr. Randall Wolff, M.D., to provide Clinical Services to the City. Funding is available in various department budgets. Recommend approval of the bid and contract awards listed above. Ref:Bid. Agrnemo.02.20.01 AGENDA ITEM NUMBER: AGENDA REQUEST Date: February 13, 2001 __ Workshop Agenda Request to be placed on: ~( Consent Agenda __ Special Agenda When: February 20, 2001 Description of agenda item: City Commission is requested to approve the purchase award of a thermal imaging camera to FireCo, Inc. for a total purchase of $18,650 Pricing ~s per quote dated January 26, 2001. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: City Commission is r~quested to approve the purchase award to FireCo, Inc. for a total purchase of $18,650 $16,000 of this purchase will be taken from account number 115-0000-248-6400 (a donation from Del Aire) and the $2,650 balance from account number 001-2315-526-6490 Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items inyolv[ng expenditure of funds): Funding available: Yes t No Funding alternatives: Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Action: Approved No Disapproved (if applicable) P.O. NUMBER: PURCHASING DIVISION MEMORANDUM TO: FROM: THROUGH: DATE: David T. Harden, City Manager Jennifer Schillace, Buyer O~ Joseph Saq~nance Director February 12, 2001 SUBJECT: DOCUMENTATION CITY COMMISSION MEETING FEBRUARY 20, 2001 PURCHASE OF THERMAL IMAGING CAMERA FOR THE CITY OF DELRAY BEACH FIRE DEPARTMENT ITEM BEFORE COMMISSION: The City Commission is requested to approve award to FireCo, Inc. for the purchase of a thermal imaging camera for the City of Delray Beach Fire Department. BACKGROUND: The Delray Beach Fire Department obtained three quotes for a thermal imaging camera as follows: Fireco, Inc. Public Safety, Inc. Air Safe $18,650.00 Including shipping $ 20,475.00 $ 21,300.00 The thermal imaging camera will be used in the following types of situations: 1. Allow firefighters to identify victims/downed firefighters in any type of structure. 2. Assist firefighters in locating seat of fire inside building. 3. Particularly used in hazardous material incidents by helping to determine the level of fuel left in a container that may be leaking. Fire Chief Koen recommends the purchase of the thermal imaging camera from FireCo, Inc. for a total cost of $18,650.00 per his memorandum dated February 2, 2001. $16,000 of this purchase will be taken from account number 115-0000-248-6400 (a donation from Del Aire) and the $2,650 balance from account number 001-2315-526-6490. RECOMMENDATION: The Purchasing staff recommends the award to FireCo, Inc. at a total cost of $18,650.00. Funding will be taken from account number 115-0000-248-6400 ($16,000) and 001-2315-526- 6490 ($2,650.00). Attachments: Memorandum, Fire Chief Koen Quotes [ITY OF DELARY BER£H FIRE DEPARTMENT DELRAY BEACH 1993 SERVING DELRAY BEACH · GULFSTREAM · HIGHLAND BEACH MEMORANDUM TO: FROM: DATE: SUBJECT: DAVID T. HARDEN, CITY MANAGER KERRY B. KOEN, FIRE CHIEF FEBRUARY 2, 2001 PURCHASE OF A THERMAL IMAGING CAMERA I am requesting approval for the purchase of a thermal imaging camera in the amount of $18,650 from Fireco as low bidder. Funds for this purchase are available from a $16,000 donation received from Del Aim category #115-0000- 248-64.00 and a budgeted amount of $2,650 in category #001-2315-526-64-90. Thank you for your consideration in this matter. KBK/tw Kerry B. Koen Fire Chief FIRE DEPARTMENT HEADQUARTERS o 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444 (561) 243-7400 · SUNCOM 928-7400 · FAX (561) 243-7461 Pnnted on Recycled Paper alILooking at the Fat-are" 544 Thou~e~d O~ Dr D~iel~ille, GA 30633 O~i,'-~: hu: 706'789'20418 I Date: 1/26t01 p,I ICE OUOTE IS~ Kgo~Tolisman Th~al Imam_ ~mem Quote ~or: Deb'ay Beaoh, FL Delray Beach Fire Department Division ChiefRu~ A¢otrdi 50] Wejt Atlantic Avenue Dclr&y Beach, FL 33444 Part Number Desc~,ption Kg0 K90 Talisman Thermal lmagcr VO Video Ovcday ,Quantity Li~t price $18,495 O0 Sale Price $1,100.00 XMITXLTR WARR XL Digital Command View (Transmitter Only) One Year Warranty $ 2,200,00 $ 400.0o FOB Upon Delivery ISO Thermal Systems USA, Atlanta, GA Prices ate valid for 90 deys, FEB. 13.2~+~159 ~:03PM N0.214 J~n.l~ ~l ; KONICA FAX ?20 P. 2 Terms City ] P~O ! X'lv~'I' XM/'~'XI, Public Safety Equipment 9616 SeatOn Brooke Lane Louisville, KY 40291 Phone; (~02) 239-2006 ]=ax- (502) 239-'~322 Quotation ' I:}mr. dption ~ :]'alim~,m Then"al ~ Cama~,, video Owrhy DI)T X3~itai ~r~;t Temperature Mcaatm3neJfl Cormmmd View WL~1e~s Trmlmv~ue~ : Xl, Dtg~ta] fJflmmmtd View (,I)t~,ftal 8pry:ad Rl~-"fl~tm Wi~ci~s Xl, 1):~/tal Cemmm~d Vb..'w (Ttan~.mil~a' Only) valid tbr 9[) da~ "' Dm O1/1(J/2DOl II Del~tery apFmx. 60 days ,5.~en ded PrJc~ -- 17380,00 ~ 7?0.00 / 2990 O0 Signature ~IR ,~F5 INC Mo.077 P. Bile TOLL P~g~ra Cov~Only January 3',[, 2(}01 ',D Plem,~e Ilaldy Quote Kg0 VO Warranty Description KC0 Talisman Thermal Imager -~-'Tde o Overlay XL Digital Command View (Transmitter Only) Additional 1 yr. Warranty 1 1 CoIt $17,900.00 $t ,000.00 $2,000.00 $400.00 Tire, i: I.It)enDaliver¥ ThiIflI IIOoedi~e~rgOda,yI FOB: ~G ~M $~ U~A, Aaan~ GA AGENDA REQUEST Agenda Item No.:_.~ OQ Request to be placed on DATE' February 15, 2001 Regular Agenda Special Agenda Workshop Agenda When: February 20, 2001 Description of item (who, what, where, how much) Award of the contract to Florida Blacktop, Inc. in the amount of $999,489.89 for the 2000 ROADWAY BOND PROGRAMS - NW AREA INFRASTRUCTURE IMPROVEMENTS Project, Project #2000-047. The funding for this project will be provided from the following account: Funding Source Account Number Current Balance Contract 2000 Roadway Bond Program Storm Water Utility Fund Water & Sewer R&R 370-3162-541-65.44 448-Sz/~j-538-65 51 442-5178-536-65 51 $1,578,130.00 $481,231.89 $254,500.00 $200,418.00 $460,600.00 $317,840.00 Total $999,489.89 This agenda item is subject to the review and approval, by City Attorney. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends award of ProJect No. 2000-047, 2000 ROADWAY BOND PROGRAMS - NW AREA INFRASTRUCTURE IMPROVEMENTS Project to Florida Blacktop, Inc. with a bid in the amount of $999,489.89. Department Head '~~_ ~C.,¢~:~ Signature: .. ~ - tS' --~ ~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involwng expenditure of funds): Funding available ~qO Funding alternatives Account No. & Description ~ Account Balance ~== to,~, ...... City Manager Review: Approved for agenda._: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved file 2000-047(A) projects/2000-047/contract/agenda.doc applicable) City Of Delray Beach Department of Environmental Services M E M 0 R A N D U TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER /~ ~//'~ RANDAL KREJCAREK, P.E. CITY ENGINEER WILLIAM A. GRIEVE, E.I., CIVIL ENGINEER 2000 ROADWAY BOND PROGRAMS NW AREA INFRASTRUCTURE IMPROVEMENTS PROJECT #2000-047 AGENDA REQUEST DATE: FEBRUARY 15, 2001 M www delrayesd, com Please find enclosed the agenda request for Commission to award the 2000 ROADWAY BOND PROGRAMS - NW AREA INFRASTRUCTURE IMPROVEMENTS project contract. The furnishing and installation of potable water distribution mains and services, sanitary sewer collection system mains and laterals, asphaltic concrete pavement, concrete sidewalk, curbs and gutters, stormwater drainage improvements, driveways, landscaping restorations, and associated miscellaneous improvements. Attached is the bid tabulation and location map for the referenced project. The lowest responsible, responsive bidder for this project was Florida Blacktop, Inc. with a bid of $999,489.89. Funding Source Account Number Current Balance Contract 2000 Roadway Bond Program Storm Water Utility Fund Water & Sewer R&R 370-3162-541-65.44 448-~¢~538-65.51 442-5178-536-65.51 $1,577 ¢,,,,¢'~ $254,500.0O $460,600.00 $481,231.89 $200,418.00 $317,840.00 Total $999,489.89 If acceptable, please place this item on the February 20, 2001 commission meeting for Commission approval. Attachment CC: Richard Hasko, P.E., Director of Env. Svcs. Joseph Safford, Finance Director file: 2000-047 (A) file: slengadmin1200012000-O4 71contractl~ G £NM£ MO (2). doc ~ ~. . ,~ . I 1 1 ,J 25 I 18 27 2 16 ld 13 2il . · ' SPADY -'r,k'- 17 13 2 [2~ 3 17 2~ -- 3= 2, 2~ 27 4 is 2,. · ,.. CASON CHURCH ~ e eN'W' 3RIT~T ~ c1~' , a 2'1 ~ e i e 21 J e ~ -- 11 11 I 18 ; 11 z 8 ..~ 4 12' 12~ 17 12 N.W. 3RD ST. 2· n 1 . . ~, 1+ 273RD 1.' ST j4. 1~ 15 I ATLANTIC ~~~~~ INFRASTRUCTURE IMPROVEMENTS 1( 4 14~3 15 14 20 2 2,[25 uN.W,3RD'~ 2 12 3 13 9]~' lO 3 17 4 18 5 19 1314273RD m I0~ 19 12m 17 13~ 16 4 18 8 9 10 10 18 18 5 17 6 14 MAI 'nN Lb o§§§§§§§§§§§§ ~0 ~ ~ ~ ~o~ O0 ~o~oo~0~o~ o~o~0~ ,~oo ooooooooooo w88:8~88~8~E8~,888888§~§~S88888888888§8888 ~`~.~~8~888;.8.---~`~~~~~~-~~-`-~~~®~~~~§~8~88~§8°8~~~d6~~~'~8~§§~§8~§8§88§~' ~.o~ ~o~~o~o~ooo~ooo~o~oo888888188818~ i~'~~~~'~~'~'~d~d~''°°i°'°°°°°°°°°°°~°~°°i°°°°°°°°°°°°°°~ ~§ ~8888888~°°°°°°°°°°°°°°°°°°°°~ooooooooooool .... ~~~0~0oooo~~oo0oooooooooloo~0 ~§§§~8§~ ~o~oooo~ .... ,o~o ~>>~ - AGENDA REQUEST Request to be placed on: x Regular Agenda Special Agenda When: February 20, 2001 Agenda Item No: Workshop Agenda Description ofagendaitem(who, what, where, how much): City Comm±ssion is to approve b~d swards for replacement of City Veh±cles per staff recommendation. requested ORDINANCE/RESOLUTION REQUIRED YES/NO Draft Attached: YES/NO Recommendation: Approval. Department Head Signature: '~~~ Determination of consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): City Manager Review: Approved for agenda: lEft/NO Hold until: Funding Availab~O Funding altemati'ves: Account No. & Description: Account Balance: Agenda Coordinator Review: Received: Action: Approved/Disapproved (if applicable) [IT¥ ElF I]ELRI:I¥ BEI:I[H DELRAY BEACH NI-AmericaCity 1993 FROM: 100 N.W. 1st AVENUE MEMORANDUM David T. Harden, City Manager jRobeH A. Barcinski, Assistant City Manager DATE: February 15, 2001 DELRAY BEACH, FLORIDA 33444 561/243-7000 SUBJECT: CONSENT AGENDA ITEM # CITY COMMISSION MEETING FEBRUARY 20, 2001 BID AWARD - REPLACEMENT VEHICLES Action City Commission is requested to approve bid awards for replacement of City vehicles per staff recommendation. Background City vehicle replacements are requested on an annual basis due to age, mileage, repair costs, or a combination of the above. Attachment "A" is a list of the vehicles being recommended for replacement this year. Recommendation Staff recommends various bid awards from Florida Sheriff Association Contract, as specified in Attachment "B", and from the State of Florida Contract, as specified in Attachment "C". These unit costs include various options and extended warranties on all vehicles. Not included are some option items that we will acquire from other vendors not available on these contracts. The total of the recommended purchases is $349,677. Additional vehicles will be proposed for replacement at future meetings based on final approval of the proposed replacement list "Attachment A". Item #1-4 on "Attachment A" have previously been approved for purchase. Funding is available from the FY 00-01 budget in City Garage Account #501-3312-591-64.20 in the amount of $854,135. Attachments c: Bill Darty Fl~e:u:sweeney/ogendo DocB~d Aword Replacement Veh 2001 (Print~d o~1 Recycled Paper THE EFFORT ALWAYS MATTERS City of Delra~) Beach Proposed Vehicle Replacement Listing FY 00-01 Attachment "A" Line 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 26 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 ' . Department I Vehicle # Assigned Vehicle Make Model iStreets Department Ford F-350 653 92621 Fire Department , Intemati0nal heavy rescue 398 Code Enforcement 'Ford Escort 738 Tenms Center Cushman Haulster 7371Beach Patrol Kawasak~ 400 4X4 1709 Police D-3 Ford Crown Victoria 1707'Police D-3 Ford Crown Victoria 91041 EMS ;Ford Taurus 207 Housing Rehab 'Chevy Lumina 469 Water/Sewer Ford Aerostar 1306 Pohce Investigation Ford Taurus 1303 Pohce Investigation I Ford Bronco 4X4 705 Parks Maintenance i GMC SL2500 1217 Pohce D 1 [ Ford Taurus 3861Building Inspection !GMC J~mmy 4531Sewage Treatment GMC S-15 Jimmy 443! Liffstation Maint. Ford F-250 8711 'Fire Prevention Large Utility 4X4 4 dr 723 Parks Maintenance ^splundh 9201 I F~re Adm~n/Support , Ford Crown V~ctona 130TPolice Invest~gabon !Ford Taurus 1214 Police Investigation Ford Taurus 221 Utdity Bllhng Chevy S-10 1216 Police D-1 ,Ford Taurus 447 L~ftstat[on Maint. l Ford F~250 387 Code Enforcement ' Ford Escort 9111 F~re Prevention i Ford Taurus 9107' Fire Prevention , Ford Taurus 7331Parks Maintenance ;Case Tractor, 380 B 656,Streets Department !Ford F-350 Cont. dump 383 Code Enforcement Ford Tempo 440 L~ftstabon Maint GMC 2500 Pick-Up 9110 F~re Prevention Ford Taurus 1705 Pohce D-1 Ford Crown Victoria 3951Building~n~pecbon Ford Escort 744'Ocean Rescue Suburban 4X4 704 Cemetery Ford F-350 C0nt Dump 4001Enwronmental Serv. Ford Tempo 12131Pohce Investigation ]Ford Tauru~ 17101Police D-3 'Ford Crown Victoria 776 Parks/Rec Admin . Chevy Corsm~ 1708 Police D-2 I Ford Crown Victoria 1706 Police D-1 ,Ford Crown V~ctona 7 Parks Maintenance iToro Ground Master 11 Parks Maintenance IToro Ground Master 483 L~ftstation Maint. 65 KTM Onan Generator 4581Liftstation Maint 30 KW Generator 459!Liffstation Maint. ,30 KW Onan Generator 711 'Parks Maintenance !Ford Van 451' L~ftstation Maint. I Ford F-250 416'Water Distribution Icase Backhoe, 580K 479 wastewater I Case Backhoe, 580K Year I Old Vehicle Descnpbon. Mfg. I ton Cab and Chassis ' Heavy Rescue Sub Compact 4 Door Utility Golf Cart 4X4 ATV !4 Door Sedan 4 Door Sedan .4 Door Sedan ; i2 Door !Cargo M~mvan 4 Door Sedan Large Utility 4x4 2 dr 3/4 ton Ubhty Trk '4 Door Sedan Sport Utility 4x2 SUV 4X2 3/4 ton Utlhty Trk 3/4 ton Uflhty 4X4 4dr !Ch~pper 4 Door Sedan 14 Door Sedan [4 Door ~edan ]~Compact Pick-Up ~4 Door Sedan 13/4 ton Utility T~k Compact 4 Door 4S~boor Sedan i4 Door Sedan ~Tractor 1 ton Cont. dump Compact 4 Door 3/4 Ton Pick-Up 4 Door Sedan 4 Door Sedan Sub Compact 4 Door i Large Utility 4x4 l lTon Cont Dump 'Compact 4 Door 4 Door Sedan i4 Door Sedan 14 Door Sedan 14 Door Sedan 4 Door §edan iFrt deck mower !Frt deck mower ~[65 KW Generator 30 KW Generator , :30 KW Generator IFull size pass Van 3/4 ton Utility Trk , Combination Combination iCurrent IM~leage 19921 36,907 1992 86,083 1991 55,308 1993 0 1997 ~ 1997 95,98~ 1997' 82,985 1991 143,06¢ 1992 134,308 1989:114,555 19931 109,043 1993 100,399 1990~ 95,000 19921 97,87~ 1987 96,14~ 1986 81,35~ 1989 87,100 1987 89,750 1987 0 1992 130,98~ 1993 85,554 1992:81,232 19911 73,091 19921 7~,~0~ 1989~ 64,406 1991 67,756 {991, 63,56~ 1991' 61,866 ~990i1114Rr~ 1989' 65,32~ 1992 60,919 1990 50,793 1991 57,964 1997 88,700 1991 40,539 1987 95,000 1987 4~,33~ 1992' 32,231 1992 68,528 ~997~ 84,655 1991 82,516 19971 76,53~ 1997' 75,92~ 1989' 0 1993' 0 1971 ~ 1971 0 19741 0 1989i 85,2~ 1989; 71,00~ 1989,2930Hm 1989 3400Hm 1st draft. City of Delray'Beach Proposed Vehicle Replacement Listing FY 00-01 Attachment "B" Florida Sheriffs Contract Line # 6 8 11 14 20 21 22 24 26 27 28 31 33 35 38 Vendor Duval Ford Gus Machado Ford Gus Machado Ford Gus Machado Ford Duval Ford Gus Machado Ford Gus Machado Ford Gus Machado Ford Garber Chevrolet Gus Machado Ford Gus Machado Ford Garber Chevrolet Gus Machado Ford Garber Chevrolet Garber Chevrolet Year 2001 2001 2001 2001 2001 2001 2001 2001 2001 2001 2001 2001 2001 2001 2001 Make Ford Ford Ford Ford Ford Ford Ford Ford Chevy Ford Ford Chevy Ford Chevy Chevy i Model New yeh~cle Description Pohce Interceptor !4 Door Sedan Taurus 4 Door Sedan FWD Taurus 4 Door Sedan FWD Taurus ~4 Door Sedan FWD Police Interceptor !4 Door Sedan Taurus 4 Door Sedan FWD Taurus 14 Door Sedan FwD Taurus ~4 Door Sedan FWD Cavaher Compact 4 door Taurus 14 Door Sedan FWD Taurus '4 Door Sedan FwD Cavai~er Compact 4 door Taurus 4 Door Sedan FWD Cavaher :Compact 4 door Cavaher Compact 4 door Commodity # ~FSA S )ec #1 i FSA S )ec #-4 'FSA S )ec #.4 ~FSA S )ec #4 , FSA S )ec #1 FSA S )ec #4 'FSA S )ec #4 FSA S )ec CfA FSA Spec #5 !FSA Spec #4 FSA Spec #4 FSA Spec #5 FSA Spec ~ FSA Spec #5 FSA Spec #5 i Line Item 'Cost Total Cost 25,382 25,382 16,099- 41,481 16,099 57,580 16,099 73,679 2:3,738 97,417 16109~ 113,516 16,099 i29,615 16,099 145,714 12,419- 158,133 161099 174,232 16,099 190,331 12,419 202,750 16,099 218,849 12,419- 231,268 12,419 243,687 City of Delray'Beach Proposed Vehicle Replacement Listing FY 00-01 Attachment "C" State of Florida Vehicle Contract Line # ' Vendor 13 Maroone Dodge 17 Mamone Dodge 23'Maroone Chevrolet 25 Maroone Dodge 30 Maroone Dodge 32 Maroone Dodge :Year ~Make 'Model J NewVehicle Description 'Commodity# 2001 :Dodge 3/4 ton Ram !3/4 ton Utility Truck ,070-500-425 2001 Dodge 3/4 ton Ram 3/4 ton Utility Truck 070-500-425 2001 Chevrolet ~S-10 Compact Pick-up 070-500-140 2001 'Dodge 3/4 ton Ram 13/4 ton Utility Truck 070-500-425 2001 Dodge 3500 4X2 Dump 1 ton conracters dump 070-600-010 2001 Dodge 3/4 ton Ram 3~4 ton Utility Truck 070-500-425 Lineltem Cost To~lCost 16,927 16,927 16,927 33,854 10,896 44,750 16,927 61,677 27,386 89,063 16,927 105,99~ Request to be placed on: X Consent Agenda When: Description of agenda item:. Wolff of Delray Beach. AGENDA ITEM NUMBER: AGENDA REQUEST February 20, 2001 Special Agenda Date: February 15, 2001 __ Workshop Agenda Award Request for Proposal of Clinical Services to Dr. Randall (See attached memorandum from Fire Chief Kerry B. Koen) ORDINANCE/RESOLUTION REQUIRED: Draft of resolution Recommendation: Approve Department Head Signature: YES NO X Attached: YES NO X Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes No Funding alternatives: Account Number: Account Description: Account Balance: City Manager Review: Approved foragenda~ ~t~ No Hold Until: Agenda Coordinator Review: Received. Action: Approved Disapproved P.O.# [lTV OF DELRR¥ BERgH FIRE DEPARTMENT DELRAY BEACH 1993 SERVING DELRAY BEACH · GULFSTREAM · HIGHLAND BEACH MEMORANDUM TO: FROM: DATE: SUBJECT: David T. Harden, City Manager Kerry B. Koen, Fire Chief February 12, 2001 RFP - Clinical Services Contract A Request for Proposal for Clinical Services Contract was advertised in the Palm Beach Post and on the internet with DemandStar. Com. One proposal was received from Dr. Randall Wolff ofDelray Beach. A committee consisting of Assistant Fire Chief Wigderson, Administrative Officer Wickert, Paramedic Michael Wise, and Police Administrative Services Director David Junghans reviewed the proposal to insure that Dr. Wolffs proposal met the needs of the Fire and Police Departments as well as the City's pre-employment physicals for general employees. The committee reviewed the proposal and concluded that it met the criteria established by the City. All non-responsive physicians or groups receiving a Request for Proposal were surveyed subsequently to ascertain their reason(s) for not submitting a proposal. The majority of their responses indicated that the Request for Proposal was clear and concise and most indicated the time required to provide the contractual services was more than they wished to commit at the time. FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444 (561) 243-7400 · SUNCOMpnnted on Recycled928-7400 OpaperFAX (561)243-7461 ~. ~,, · ¢. RFP - Clinical Services Contract February 12, 2001 Page -2- The committee therefore recommends that a contract award be made to Dr. Randall Wolff. The estimated cost for the remaining portion of this fiscal year is $57,000 more than is currently budgeted in the Fire and Police accounts for these services, and an additional $9,500 in other departmental expenses related to General Employee examinations and related services. This is a net increase of $66,500. Increased estimated cost for physicals Fire Department $ 25,000 Police Department $ 32,000 General Employee Exam & Related Service $ 9,500 [Net Increase I $ 66,500 Accordingly a mid-year budget adjustment may be necessary to off-set this unanticipated increase in expense. Departmental budget requests for Fiscal Year 2001-02 will be adjusted upward based on the new per-person cost factor and anticipated usage. Kerry B. Koen Fire Chief Attachment The bid package was picked up by these seven entities or physicians listed below: 1. Dr. Kenneth Lee 2. 1501 Corporate Drive, Suite 240 Boynton Beach, FL 33426 (561) 736-8806 Delray Physician Care Center 2280 West Atlantic Avenue Delray Beach, FL 33445 (561) 278-3134 3. Dr. Joe Ojea 4. 4956 LaChalet Boulevard, #8 Boynton Beach, FL 33436 (561) 734-8111 Corvel Corporation 210 North University Drive #501 Coral Springs, FL 33071 (954) 340-8990 5. Dr. Alan Stem 6. 875 Meadows Road, Suite 333 Boca Raton, FL 33486 (561) 395-2123 Hope Health and Wellness 655 North Military Trail West Palm Beach, FL 33415 (561) 686-0120 Dr. Randall Wolff 628 S.E. 5th Street, #4 Delray Beach, FL 33483 (561) 276-5020 Request for Proposal Survey Responses Summarized All surveys were faxed to the entities or physicians on January 30, 2001 1. Dr. KennethLee Follow up telephone calls on January 30th and January 31st Response: Too busy in office to respond. Delray Physician Care Center Follow up telephone calls on January 31st and February 5th Response: None Dr. Joe Ojea Survey returned on January 3 lth Response: Thought RFP was not clear or easy to digest. "Larger than a local telephone book." Stated City Representative never contacted his office to explain process. Note: Dr. Ojea never contacted Chief Wigderson per instructions on the RFP. Corvel Corporation Follow up telephone calls on January 31st and February 5th Response: Stated RFP was clear and understandable and was not restrictive. Provider stated "not enough time to coordinate with a provider to submit in time". Provider requested City contact Dr. Joe Ojea as a possible provider. Dr. Allen Stem Response: Stated survey was clear and understandable but restrictive. proposal, unable to commit to time away from office. Provider did not submit 6. Hope Health and Wellness Response: Called stating unable to provide a proposal by the RFP submission date. 7. Dr. Randall Wolff Approximate amounts spent annually with current Dr. Lee: New Hires $65.00 each at approximately 123 yr Fire Dept. $4,500 month x 12 months Police Dept. $5,624 month x 12 months Walk-ins per year Total per year $ 7,995.00 $54,000.00 $67,480.00 $ 6,000.00 $135,835.00 '"---L"EVE~----TEXT m 100% ANNUAL PHYSICALS AT FIRE-DEPT'. CLINIC PHYSICIAN SERVICES BASIC-L-A~ORATDRY-TESTS--(STANDARD--AND-I~FECTIOUS DISEASE 130 @ lO0 EA. DRUO TESTINO 130 ~ 30 EA, L-A~ORATORY-TESTS--OVER-~O-PERSDNNE~-~5-~-30-EA. STRESS TESTS ZO @ 200 CHEST X-RAYS 1~ ~ ~ EA FEXT--~MT 18 ~ 000 1~000 ~00 4~000 IMM~NIt~ATIONS HAZMAT TECH. (~YR) BLOOD WORK 10 ~ 100 EA. I~000 ~EC~UITMENT DHYSICALS HAZARDOUS MATERIALS FO~ REGIONAL PROgrAM ~E~UIRED EVERY T~O YEAR~. (ONE HALF THE TEAM EVERY YEA~) HEAVY METAL 5C~EENINO '-PREPARED-O~YZOTOO-~-'--I-5-K4~-r03 ................................... BUDGET-PREPARATION--P;IORKS~EET PROORAM 6MSO1L FOR FISCAL YEAR ~001 ........... 'ACCOUNT--DESCRIPTION 'FUND 001 GENERAL FUND ............ ACTUALS 1~ ZOO0 Y-T-D LEVEL --ACTUAL~-- -R~VI~ED-----~CTUA~ ........... II DIV 11 FIRE ADMINISTRATION SE~UM CHOLINE~TE~ASE LEVEL FOR PESTICIDE 1~00 ~4~1~0 LEVEL 103% TEXT PREVIOUS LEVEL 'MED-ICAL---REHABIiSITATION TEXT OTHER PROFESSIONAL SERV. ~lZ~ ~046 1TZ~O lO~T4 1~800 ....... L~VE~ ...... TEXT 100% PROMOTION EXAMS " ......................... OR~ANIZATIONA~-DEVELOPMENT-PROORAMS-FOR-SENIOR' STAFF MEDICARE HEARIN8 FEES 4 8 ~00 EA. rEXT-~MT ..... 3,o0o~ j ~00 ~ ~300 Z~O00 16,800 LEVEL 1037. TEXT PREVIOUS LEVEL BACK~ROUND-CHECKS--1-6--~--80-EA; RECRUITMENT FSYCHOLOBICALS 16 ~ 200 EA. ~EC~UITMENT FOLYO~APHS 40 ~ T~ EA. TEXT AMT 16~800 ~00 ~o00 RANDALL L. WOLFF M.D. 628 S.E. 5TM STREET, APT ¢/:4 DELRAY BEACH, FLORIDA 33483 561-276-5020 January 15, 2001 City of Delray Beach 100 N.W. 1st Avenue Dekay Beach, Florida 33444 Atto: Jacklyn Rooney Dear Ms. Rooney: I have been a physician in Palm Beach County for the past twenty years. I have been a resident of Delray Beach for the past seventeen years. As the medical director of the emergency department at JFK Medical Center, I have experience evaluating patients with all types of injuries and illness. Additionally, as the medical director of a number of fire rescue agencies, including Dekay Beach Fire Rescue, 1 have interacted with city governments and employees for over seventeen years. I have worked closely for the past fifteen years with the City of Lake Worth Risk Manager, Mr. Dave Murphy, in the evaluation, treatment and disposition of employees of the City of Lake Worth who present to the emergency department. At Pratt and Whitney Aircraft in West Palm Beach, I worked and later became the medical director in the employee health clinic on site. I performed employee physicals and evaluated tests, and determined eligibility for employment and return to work status as required by the company in a situation similar to the proposed operation of the health unit in the City of Dekay Beach. I am a strong believer in customer satisfaction and will institute a program of evaluating the satisfaction of the employees with the clinic operation and staff. Being a resident of the City of Delray Beach as well as the Medical Director of the Delray Beach Fire Rescue and Delray Ocean Rescue, I have a vested interest in the health and welfare of the employees of the City. I will ensure that the Clinical Service Unit operates with the highest standards possible in order to carry out the mission of the City. G Hazardous Materials Technician Medical Surveillance: Comply with Delray Beach Fire Department Standard Operating Procedures, Volume II, Article 4, Section 1, Appendix 3 Hazardous Materials Response Team, Medical Surveillance Program, as amended. (See Exhibit "5"). Testing of hazardous materials technicians to be in addition to and conducted at firefighter annual physical examination. Records shall be maintained and managed by the CSU physician. The Delray Beach Fire Department shall receive a written report (sample attached hereto as Exhibit "11") relating on!y the. ~,';.,dity of a firefighter to perform or continue to perforrn Technician duties with the Hazardous Materials Response Team. Currently 40 team members. 4 Heavy Metal Screening. (Mercury, lead, arsenic, serum cholinisterase) Stress Test (Treadmill) Bi-annual evaluation. Hazardous Materials Technician Rbsponse Team Entry Physical Examination. (Baseline). '-. Hazardous Materials Technician Response Team Exit Physical Examination. (Termination Medical Examination). Acute Exposure Follow-Up Testing. Delayed Exposure and Follow-Up Testing. ( Billed as worker's compensation) COST BREAKDOWN FOR FIREFIGHTER/POLICE ITEMS A-G Please fill in the blanks for the unit pdce below. In areas where an estiraated amount is given please multiply the unit price be the estimated amount and fill in the total amount blank. WHERE AN ESTIMATED AMOUNT IS LISTED, THE CITY' DOES NOT MAKE ANY GUARANTEE THAT THIS IS WHAT THE ACTUAt. NUMBER WiLL Bb, IT IS ONLY AN ESTIMATE, THE ACTUAL AMOUNT MAY BE MORE OR LESS THAN THE ESTIMATED AMOUNT. FIREFIGHTERS Description unit price estimated total amount amount Annual physical Annual physical (Lab tests - standard and infectious disease) Drug testing Lab tests for personnel over 40 155 = ~ .~,.~¢(b,-'~ Stress tests $ ,~.6o x Chest x-rays ~c,? x Immunizations - as needed bill to Dept.('ec~t.~ 6u55~'.,~ ' ~-(~::~ x Hazmat technician (5yr.) bloodwork $ ~, ~O.¢¢..b x Recruitment physicals $ t~:~::), cO x Hazmat technician program Cardiac stress tests Blood work - heavy meta~ -~re.~.ning Blood work - serum cholinestera'§e level for pesticide $ 5~b .6:0 X 35 = ~,1~ E)eO, $. 0{0.6Ox 35 7 POLICE OFFICERS Annual physical Annual physical (Lab tests - standaro ahd infectious disease) Drug testing Lab tests for personnel over 40 Stress tests Chest x-rays Immunizations - as needed bill to Dept. SJ~o~.~O x 195 $,~6~ .tgO x 195 $t~.EX;b x 195 $_,..~¢3___4¢O x 60 ~.~ x 60 SJ_~O,~ x 15 Ho 2. 3. 4. 2. 3. 4. General Employeesl New Hire Physical Components: Physical Examination, Visual Acuity and Peripheral Vision Testing. Tetanus and Diphtheria Booster as needed. Tuberculosis Test/Tine, PPD as needed, chest X-ray as necessary. Drug Screen (10-Panel) (Pre-Employment). $ I(¢~). O(~3 cost per exam _~E~-_,~O~. fA~-~ ~¢---~-~' General Employees/Summer' Time Employmen~ Physical: Physical Examination, Visual Acuity and Peripheral Vision Testing. Tetanus and Diphtheria Booster as needed. Tuberculosis Test/i"ine, PPD as needed, chest X-ray as necessary Drug Screen (10-Panel). $ [/~_r~ · ~O cost per exam F_~,C LL~'~ ~'~J~ ~¢,.~ Ko General Employees-Immunization:- Environmental Services: Hepatitis B Booster/series as needed. Blood Titers as necessary. SL~, (..%(~) cost per immunization ~{l~ ~,0~' ~.. ,~'~'P'-/'t~-'~ General Employee-Air or Bloodborne wathogen exposure: Follow-up testing for exposure to TB, HIV, Hepatitis B and/or C. This shall be billed to worker's compensation. Ocean Rescue Lifeguard Annual Physical Components: Physical Examination, Vital Signs, HeightNVeight measurement, Puh'non~ry Funct:an Tast, Satdrated Oxygen Rate, 12 (twelve)lead Electrocardiogram, Audiometric Testing, Visual Acuity and Peripheral Vision Testing. Tetanus and Diphtheria Booster as needed. Tuberculosis Test/Tine, PPD as needed, chest X-ray as nec.:.ssary. Laboratory Work-Up: a. CMP, LP, 6AC, CBC, RPR, UA, Hep= A,B, C and B quantitative, b. Age appropriate testing as determined by Clinical Services Physician or staff. Hep B boostedseriesltiter as needed. $'3.~, ~) cost per physical _. Titer as needed $15.00 Chest Xray billed as above, as needed PSA billed separately as needed, Hep B Series billed as needed (See Above) 9 PHYSICIAN PR OFiL.E OF RANDALL L. WOLFF, .M.D. CURRICULUM VITA E RANDALL L. WOLFF, MD 628 S.E. 5th STREET, fid DELI~4 Y BEA CH, FLORIDA .?3483 (561) 276-5020 DA TE OF BIR TH: PLACE OF BIRTH: CITIZENSHIP: EDUCATION: 1973 - 1977 1969 - 1973 1965-1969 POSTGRADUATE TRAINING: 1981- 1982 February 23, 1951 Chicago, Illinois United States University of Florida College of lltedicine Gainesville, Florida Doctor of Medicine University of Illinois Chicago, Illinois Bachelor of Science, Biology Niles Township High School North Skokie, Illinois Fellowship, Pulmonary & Critical Care Medicine Harborview Medical Center University of Washington Seattle, Washington 1977-1980 Internal Medic. ine Residency Shands at theUniversity of Florida Medical Center Gainesville, Florida Curriculum Vitae - Randall L. Wolff, MD (continued) PROFESSIONAL EXPERIENCE: 1996 - Present 1982 - 1996 1980 - 1981 JFK ~edical Center Atlantis, Fiorida Medical Director of the Emergency Departntent & Emergency Department Staff Physician JFK Medical Center Atlantis, Florida Deputy Medical Director & Emergency Department Staff Physician JFK Medical Center Atlantis, Florida Emergency Department Staff Physician 1983 - Present 1984 - Present 1985 - 1994 1986 - Present 1986-1994 Medical Director West Palm Beach ~¥re Department West Palm Beach, Florida Medical Director Greenacres City Fire Department Greenacres, Florida Medical Director Air Ambulance Ne. twork, Inc. Miami, Florida Medical Director Lake Worth Fire Department Lake Worth, Florida Palms West Hospital Loxahatchee, Florida Chairman, Department of Emergency Medicine Curriculum Vitae - Randall L. Wolff, MD (continued) 1994- Present 1995 - Present Medical Director Delray Beach Fire Re~cue & Delray Beach Patrol Delray Beach, Florida Medical Director Town of Palm Beach Fire Rescue Palm Beach, l~7orida 1995 - Present Medical Director North Palm Beach Public Safety North Palm Beach, Florida 1995-1998 Medical Director Pratt & Whitney Fire Department Medical Control Officer UTC- Pratt & Whitney West Palm Beach, Florida 1996 - Present Medical Director Sikorsky Aircraft Fire Rescue West Palm Beach, Florida Curriculum Vitae - Randall L. Wolff, MD (continued) BOARD CER TIFICA TION: CER TIFICA TION: PROFESSIONAL SOCIETIES: Certified, American Board of Internal Medicine Certified, American Board of Emergency Medicine Regional Faculty & Instructor Advanced Cardiac Life Support American Heart Association Advanced Trauma Life Support President, Pahn Beach County EMS Medical Directors Association National Association of EMS Pkysicians Florida EMS Medical Directors Association PUBLICATIONS: 1980 Wolff, R., Wiseman, S. and Kitchens, C.: Aeromonas Hydrophila Bacteremia in the Ambulatory Immunocompromised Host. Am. J. Med. 68:238-242 1983 Wolff, R. and Pierson, D.: Diagnostic Evaluation of the Solitary Pulmonary Nodule. Respirator_ Care 28: 297- 3OO. MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~t4 - REGULAR MEETING OF FEBRUARY 20, 2001 MUSEUM OF LIFESTYLE & FASHION HISTORY, INC., GRANT FEBRUARY 15, 2001 At the November 7, 2000, Commission Meeting, Mr. Doak Campbell, President of the Board of trustees of the Museum addressed the City Commission on behalf of Ms. Lori Durante, Director- Curator requesting a show of support for the museum by the City through consideration of a financial contribution. The City Manager noted at that time that due to the cancellation of the Corporate Games he could transfer $5,000.00 from that event to the Museum of Lifestyle & Fashion History, Inc., as a grant. He also suggested that the Commission link this with a $5,000.00 contribution from the Community Redevelopment Agency so that between the two of us there would be a match for the Palm Beach County's contribution. Since that time the Community Redevelopment Agency has informed the Museum that they have a policy in effect limiting charitable organization contributions to $1,000.00, and they have since made their contribution. It was the consensus of the City Commission to support a grant in the amount of $5,000.00. At this time the Museum of Lifestyle & Fashion History, Inc., is requesting its support from the City. Recommend approval of a grant in the amount of $5,000.00 to the Museum of Lifestyle & Fashion History, Inc. Ref Agmemo ! 4 Museum of Lifestyle & Fashion History, Inc. Grant2-20-01 Museum of Lifestyle & Fashion History, Inc.TM P.O. Box 488 - Delray Beach, Florida ;33447 Phone: (561) 4999695 / Fax: (561) 495-5199 January 29, 2001 David Harden, City Manager City of Delray Beach 100 N.W. 1~t Avenue Delray Beach, Florida 33444 Dear Mr. Harden: Thank you very much for your support of the Museum of Lifestyle & Fashion History, Inc.TM (MLFttm). Just to update you, as per the request of the Delray Beach City Commission, we did submit a request to the Community Redevelopment Agency (CRA) for a contribution in the amount of $5,000 to equal the amount approved by the City Commission. This would then make a total of $10,000 from Delray Beach and would equal the $10,000 awarded by Palm Beach County Commissioner Mary McCarty. At their January 11t~ meeting, the CRA Board informed us that they now have a policy of a maximum of $1,000 for charitable organizations, therefore, that was the amount that they approved. However, the CRA Board members enthusiastically expressed their interest in and the possibility of greater financial support for the museum for site plan and site development costs when the museum gets to that stage. We are planning to open or begin renovations for the museum's own facility in the near future. The museum has already received the check in the amount of $1,000 grant the CRA (copy of check enclosed). Please let me know if you need any additional information for the museum to receive the $5,000 from the City of Delray Beach which was awarded to MLFHm on November 7, 2000. Much interest and enthusiasm surround the efforts for the new Museum of Lifestyle & Fashion Histo~h Inc.. Some of the future fundraising events include a black-tie dinner to be held on April 5 at the Delray Beach Yacht Club which is located on Ocean Boulevard in Delray Beach. The owner of the Delray Beach Yacht Club has offered in-kind use of this "members only" club to MLFttTM to host a fundraising dinner. Palm Beach County Commissioner Mary McCarty and Attorney Doak Campbell are the Honorary Co-Chairpersons for the dinner event. Additionally, a Mizner Park store, Ice Jewelry, will be opening a 2ua store which will be at CityPlace and will hold its grand opening there as a fundraiser for MLFHTM. Also, Mrs. Peggy Henry, who is the wife of the owner of the Florida Marlins and is a prominent Boca Raton philanthropist has offered to host a fundraising reception for MLFHTM (see letter enclosed). In addition, we are planning special fundraising events involving a lecture series and exhibits with Northern Trust Bank and also special fundraising events with Bloomingdale's of Boca Raton & Aventura, Florida. Although no building for MLFHm is open yet, as we had hoped would be done by the end of 2000, we do have some of our professional services in full operation since 2000. Two MLFHTM travelling exhibits are: 'l} on the "History of the Barbie® Doll" on display now at the Downtown Delray Beach Public Library; 2} "Teddy: The Bear Beginnings" curated by MLFHTM on display 11/16/00 to 1/16/00 at the Cornell Museum at Old School Square. That exhibit can now be made available to travel to other sites and 3} 20th Century lifestyle & fashion history lecture series assembled and presented by MLFHTM is available for speaking engagements for clubs, organizations, fashion shows, luncheons, dinners, etc.. Continued Next Page Mr. Harden, once again, we are very grateful for your support of the Museum of Lifestyle & Fashion History. Enclosed for your information is a schedule of events for MLFHTM and a list of current board member~ Enclosures: cc: Doak Campbell Mayor Schmidt presented a proclamation in recognition of November 19th through 26, 2000, as National Bible Week. The proclamation will be forwarded to the National Chair of the National Bible Association in New York, New York. 7. Presentations: 7.A. RESOLUTION NO. 87-00: A resolution recognizing and commending J.Leroy Croft posthumously for having been a Pioneer Resident of Delray Beach and for having served the City of Delray Beach with distinction and dedication. The caption of Resolution No. 87-00 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING J. LEROY CROFT, POSTHUMOUSLY, FOR HAVING BEEN A PIONEER RESIDENT OF DELRAY BEACH AND FOR HAVING SERVED THE CITY OF DELRAY BEACH WITH DISTINCTION AND DEDICATION. (The official copy of Resolution No. 87-00 is on file in the City Clerk's office.) Mayor Schmidt read and presented Resolution No. 87-00 recognizing Mr. J. Leroy Croft, recently deceased, for having been a pioneer resident of Delray Beach as well as a former Mayor and Councilman of the City. Resolution No. 87-00 was passed by acclamation of the City Commission. Mayor Schmidt presented the resolution to Mr. Croft's widow, Mrs. Bettye Croft, on behalf of the City of Delray Beach. 7ogo Inc. Lori J. Durante~ Director-Curator~ Museum of Lifestyle & Fashion History~ Mr. Doak Campbell, President of the Board of Trustees of the Museum of Lifestyle & Fashion History, addressed the City Commission on behalf of Ms. Durante. Mr. Campbell presented a brief overview of the history and organizational efforts undertaken by Ms. Durante toward the establishment of a museum of lifestyle and fashion history that could take a very interesting and attractive place in the community. He noted that Ms. Durante is moving forward with fundraising concepts as well as putting together a detailed and realistic budget for the museum. He was optimistic that terms could be arrived to locate the museum in the Pineapple Grove location. Mr. Campbell continued that it would be very helpful at this point for the City) to show support for the museum through consideration of a financial contribution. He noted that a conditional grant had been received from Palm Beach County through County Commissioner McCarty's discretionary fund in the amount of $10,000, and he hoped that the City as well as the Community Redevelopment Agency would give consideration to possibly matching those funds. The City Manager noted that because the Corporate Games were cancelled, the funds that had been appropriated for that event will not be needed. If the Commission wished to 2 11/07/00 do so, he could transfer $5,000 from that event to the Museum of Lifestyle & Fashion History as a grant. He also suggested that the Commission link this with a $5,000 contribution from the Community Redevelopment Agency so that between the two of us there would be a match for the County's contribution. Upon discussion, it was the consensus of the City Commission to support a funding grant in the amount of $5,000 for the Museum of Lifestyle & Fashion History with the condition that the Community Redevelopment Agency contribute a $5,000 match to the City's funds. CONSENT AGENDA: City Manager recommends approval. 8.A. LIEN REVIEW ADVISORY TEAM: Approve an increase in the regular membership from five to seven members, with three alternate members, and ratify the recommended list of appointees to the Lien Review Advisory Team. 8.B. RESOLUTION NO. 88-00: Approve a resolution vacating and abandoning a portion of the Laing Street right-of-way located between Andrews Avenue and the Intracoastal Waterway, based upon positive findings. The caption of Resolution No. 88-00 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THAT PORTION OF THE UNIMPROVED RIGHT-OF-WAY FOR LAING STREET, LYING EAST OF THE INTRACOASTAL WATERWAY AND WEST OF ANDREWS AVENUE, AS SHOWN ON THE PLAT OF DELRAY BEACH ESPLANADE AND AS ALSO SHOWN ON THE PLAT OF WATER WAY LANE AS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT FOR PUBLIC AND PRIVATE UTILITIES OVER THE ENTIRE AREA THEREOF. (The official copy of Resolution No. 88-00 is on file in the City Clerk's office.) 8.C. RESOLUTION NO. 89-00 (ABANDONMENT AREA 9-A): Approve a resolution vacating and abandoning that portion of the east/west alley right-of-way lying adjacent to the south lot lines of Lots 4 through 20, inclusive, Block E, Plat of La Hacienda, within the North Federal Highway area, based upon positive findings. This is a City-initiated action. The caption of Resolution No. 89-00 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THAT PORTION OF THE EAST/WEST 3 11/07/00 TO: THRU: FROM: SUBJECT: DAVID T, dlilARDE.N, CI~TY_ MANAGER ,.Z./~ /lA //. : PAUL~DOC~'~G,~IR~OR OF PLANNING AND ZONING MiCHELLE E. HOYLAND, PLANNERk?~~ MEETING OF FEBRUARY 20, 2001. APPEAL OF THE HISTORIC PRESERVATION BOARD'S APPROVAL OF A CLASS II SITE PLAN MODIFICATION, INTERNAL ADJUSTMENT, LANDSCAPE PLAN AND DESIGN ELEMENTS ASSOCIATED WITH THE PATRICK LYNCH RESIDENCE. The action requested of the City Commission is that of consideration of an appeal of the Historic Preservation Board's approval of a Class II site plan modification, internal adjustment, landscape plan and design elements associated with COA-428 for the Patrick Lynch Residence. The subject property is located at the northwest corner of Nassau Street and S. Ocean Boulevard, within the Nassau Park Historic District. HPB actions were taken on January 17, 2001. The actions were appealed on January 31, 2001 by Nancy E. Stroud, attorney for Cathy Appleton & Bud Siddall (property owners to the west within the Nassau Historic District) and Andrew Katz (property owner to the north). The appeal is being processed Pursuant to LDR Section 2.4.7(E) Appeals. The development proposal includes the construction of a 2® floor addition on the guest house (north building) and conversion of the structure from an illegally converted duplex to a single family dwelling; construction of a one story addition on the main house (south building); construction of a pool and deck on the east side of the property; construction of a 3'-4' high masonry wall on the south and east sides of the property; and, installation of associated landscaping. Also included with the proposal was a variance request to reduce the front and side setbacks and an internal adjustment to allow a reduction in the separation required between residential buildings, which are internal to the site. A complete analysis of the proposal is found in the attached Historic Preservation Board staff report. At its meeting of January 17, 2001, the Historic Preservation Board approved the Class Ilsite plan modification, variance, internal adjustment, landscape plan and design elements associated with Certificate of Appropriateness-428. Due to the Variance, the Board followed the established quasi- judicial procedures in considering the project. City Staff and the applicant offered testimony, which supported the development proposal. There was public testimony in opposition to the request. The objections mainly related to the number of units on the property, the variance request, the adequacy of parking, and the proposed separation between buildings. While the number of units, which exist on the property, and the adequacy of parking was a concern, the Board felt that these issues were addressed with HPB's approval of the COA and associated site plan in 1994. The Board also felt that the intent of the code had been met and that the proper findings were made with respect to the internal adjustment and the variance request. · City Commission Documentation Meeting of February 20, 2001 Appeal of HPB Action - Patrick Lynch Residence Page 2 On January 31, 2001, the Historic Preservation Board action was appealed by Nancy E. Stroud, attorney for Cathy Appleton, Bud Siddall and Andrew Katz. "The proposed basis of the appeal is that the approvals do not meet the minimum requirements of the applicable land development regulations and are inconsistent with the comprehensive plan." The four actions, which are subject to this appeal, include: 1. Approval of internal adjustments to allow a reduction in the distance between residential buildings from the required 19'11" to 4'6", 19'2" to 9', and 16' to 12'6". The Board felt that by approving the internal adjustments to LDR Section 4.6.2(B), that the reduction in building separation will not diminish the practical application of the separation requirement and that a superior product would result. The internal adjustments will allow for additional living area, which will improve the quality of the units and will enhance the aesthetic relationship between the structures. Additionally, the Board felt that the architectural style of the additions is consistent with and complimentary to the style of the existing structures. Thus, as the intent of the code has been met, the Board felt that it was appropriate to grant the adjustments to this requirement. 2. Approval of a Class II site plan modification for the Patrick Lynch residence, subject to certain conditions. The Board felt that the project was in compliance with the Land Development Regulations and therefore should be approved. It is noted Pursuant to LDR Section 2.4.5(G)(5), no formal findings are required for Class II site plan modifications. 3. Approval of the Landscape Plan for the Patdck Lynch residence as amended to add landscaped trees between the buildings and in the courtyards. The Board felt that the proposed landscape plan was in compliance with the Land Development Regulation requirements of Section 4.6.16. Additional recommendations were made by the Board and accepted by the applicant. 4. Approval of the elevations for the Patrick Lynch residence. The proposed modifications to the main structure, which is contributing from a historical perspective, include enclosure of a unique and original, open air porch. The Board felt that since this enclosure is in keeping with the City's Design Guidelines for Historic Places, as the addition would be differentiated and complimentary to the structure, that it should be approved. Also, the Board felt that the proposed second story addition to the northern non-contributing structure would be consistent with existing improvements (with respect to size and scale) on adjacent properties. Overall, it was the Board's consensus that the proposed modifications are in keeping with the existing style of the historic structures located on the property as well as the scale of neighboring structures. Therefore, the proposed design elements and elevations are in compliance with the Land Development Regulation requirements of Section 4.6.18 and 4.5.1 and should be approved. Uphold the Historic Preservation Board's decisions. Attachments: HPB Staff Report Appeal Letter Agent: Roger Cope, AIA Project Name: Pat Lynch Residence Project Location: 226 South Ocean Boulevard The action before the Board is that of COA-428, which incorporates the following aspects of the development proposal for the Pat Lynch Residence, pursuant to LDR Section 2.4.5(G)(1)(b): Class II Site Plan Modification; Landscape Plan; and Architectural Elevations. Variances to the following requirement: LDR Section 4.3.4(K) - A request to reduce the front and side setbacks (described in further detail in the Variance Analysis section of this report). The subject property is located at the northwest corner of Nassau Street and S. Ocean Boulevard, within the Nassau Park Historic District. The subject property encompasses the south 21.65' of Lot 1, all of Lot 2 and the east 35' of Lot 3, Nassau Park subdivision and consists of 0.41 acres. The main house, located on the south side of the property, was constructed in 1936. The construction date of i. he apartment unit (located in the northwest corner of the property) is unknown, however City records indicate that it was constructed prior to 1949. Both structures were built in the Resort Cottage style of the 1930's and are contributing from a historical perspective. The house was a winter residence for Mr. and Mrs. John G. Cherry of Cedar Rapids, Iowa, and was one of the first houses in the Nassau Park subdivision. In 1963, a guest house was constructed on the north side of the property. The structure is designed in the Florida Resort style, which was popular in the City during the 1960s and 70s. In June 1994, the Historic Preservation Board approved a Certificate of Appropriateness and an associated site plan modification for the conversion of the garage/utility room to HPB Staff Report Pat Lynch Residence- Class II Site Plan Modification Page 2 a one bedroom apartment unit (3 units) and for the installation of a 5-space pea rock parking area. Currently there is an active Code Enforcement violation pending on the subject property. The violation is of the Code of Ordinances Section 7.1.3(A)(104.1.1 + 105.4) which states: That any owner, authorized agent, or contractor who desires to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect shall first make application ,to the building official and obtain the required permit for the work. After obtaining a permit, it is required that inspections be made by the building department. Pursuant to the above described code section, a building permit and inspections are required for any interior renovations to a dwelling unit. The North building at 226 S. Ocean Boulevard has been converted from a single family dwelling to a duplex, without obtaining proper City permits or approvals. The owner has been instructed to obtain permits or cease use as a duplex. However, in order to accommodate the conversion from single family to duplex, additional parking must be provided. Pursuant to HPB's approval of the COA and associated site plan in 1994, only three units can exist on the property. This is due to the parking deficiency. The existing 5-space pea rock parking area is inadequate, as the three units require seven parking spaces. This is a legally established, non-conforming situation that cannot be modified without the approval of the Historic Preservation Board. The development proposal consists of the following: · Construction of a 2"d floor addition on the guest house (north building) and conversion of the structure from an illegally converted duplex to a single family dwelling. · Construction of a one story addition on the main house (south building). · Construction of a pool and deck on the east side of the property. · Construction of a 4'-3' high masonry wall on the south and east sides of the property. · Installation of associated landscaping. Pursuant to LDR Section 2.4.5(G)(1)(b), a Class II site plan modification is a modification to a site plan (other than Class ! applications) which requires no review of the Performance Standards found in LDR Section 3.1.1, but which requires action by a Board. HPB Staff Report Pat Lynch Residence- Class II Site Plan Modification Page 3 LDR Section 2.4.5(G)(5) (Findings): Pursuant to LDR Section 2.4.5(G)(5), formal findings are not required for a Class I or II modification. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall be specifically addressed by the body taking final action on the site and development proposal. The following table indicates that the proposal complies with LDR Section 4.3.4(K) as it pertains to the RM zoning district: Building Height (max.) Required Provided 35' 32' Building Setbacks (min.) - Front (Structures) 25' 30'-35'6"' Front (Pool)* 25' 10'6" Side (Interior)* 15' 10' Side (Street)'l' 25' 19'6"-66' Rear1' 25' 9'-54' Open Space *See Variance Analysis 'i'Existing Non-Conformity 25% 52.4% Variance Analysis: Setbacks: The development proposal includes two variance requests from LDR Section 4.3.4(K) to reduce the following setbacks: Variance to the Front Setback: The front setback requirement is twenty-five feet (25'). The variance request is to reduce the front setback to ten feet six inches (10'6") to allow a 16' x 34' swimming pool to be constructed. With the existing 5-space pea-rock parking area located in the rear of the property, the pool is proposed to be constructed within the front yard. If the parking area were relocated to the front of the property the pool could be located in the rear of the property, which would not require a variance. However, this configuration would detract HPB Staff Report Pat Lynch Residence - Class II Site Plan Modification Page 4 from the historical character of the existing main house. The in-ground pool will not detract from the elevation of the existing structures, on the contrary it will enhance the existing open space while also providing added amenities to the existing multiple family development. Variance to the Side Setback: The side setback requirement is fifteen feet (15'). The variance request is to reduce the side setback to ten feet (10') to allow a two story addition for the use of a 1st floor covered porch and 2"d floor balcony to be constructed on the east side of the existing one story guest house (north side of the property). The existing one story guest house, which is located on the north side of the property, is nonconforming with respect to the side setback. It is currently set back from the north property line 10' where 15' is required. The variance would allow the construction of a two story addition on the east side of the this structure and will encroach into the setback for a distance of 12' in length. The requested variances meet the required basis provided in Section 4.5. l(J), regarding the preservation of historic character and the adaptive rouse of the property (See attached Appendix C). LDR Chapter 4.6 Supplemental District Regulations: Parking: There are three legally established units located on the property: A two bedroom single family residence (southern building), a two bedroom guest house (northern building) and a one bedroom apartment (building at the northwest corner of the site). The one bedroom apartment was originally a garage/utility room that had been utilized as an apartment, this use was legally established in 1994 through the HPB's approval of the COA and associated site plan. Pursuant to LDR Section 4.6.9(C)(2)(c), a two bedroom dwelling unit requires 2.0 parking spaces plus .5 spaces for guest parking and a one bedroom unit requires 1.5 parking spaces plus .5 spaces for guest parking. Therefore, a total of 7 parking spaces are required. With the 1994 approval a 5-space pea rock parking area was installed and was considered a reduction of an existing non-conforming parking situation as only two spaces existed on-site prior to such approval. Additionally, pursuant to LDR Section 4.6.9(D)(8)(a), parking lots and spaces on historic sites and within historic districts may be improved with a surface material other than pavement, where there are 12 or fewer parking spaces, subject to approval by the Historic Preservation Board. The Board approved the use of the pea rock surface for the 5-space parking area. With the current site plan modification no additional parking spaces aro required as the number of bedrooms within the three units aro not being increased. HPB Staff Report Pat Lynch Residence - Class II Site Plan Modification Page 5 Distance Between Residential Buildings: Pursuant to LDR Section 4.6.2(B) [Distance Between Residential Buildings], a 19'11" and 19'2" building separation is required between the new addition on the main house (southern building) and the guest house (northern building) and only 4'6" and 9' is proposed. Additionally, the new porch and balcony addition on the south side of the northern building is proposed to be 12'6" from the apartment unit (western building) where 16' is required. The purpose for the separation requirement is to provide for adequate distance to allow for light, air, and open space. The separation also provides for an aesthetically pleasing design relationship among buildings. The applicant has submitted a request for an internal adjustment to reduce the required building separation. Internal Adjustment Analysis: The Board must find that the adjustment does not diminish the practical application of the separation requirement and that a superior product will result via the approval. The reduction of the building separation essentially allows additional square footage on the main house (southern building) and a two story addition for the use of a 1st floor covered porch and 2nd floor balcony on the guest house (northern building). The applicant has requested to reduce the required building separation and has provided the following justification: Our professional opinion is that we are not compromising in any way the amount of "light, air, nor open space" between these minor sections of the two structures and in fact are enhancing the aesthetic relationship and dynamics of the overall property by developing a 5' wide passageway leading from the public front yard area of the site to the more private courtyard area to its west from which all three structures internally relate. This dynamic enhances the inherent "cottage" like setting that we are ultimately trying to promote. The added area of approximately 351 sq. ft. to the Historic Residence is imperative to the equation in that it converts an otherwise simple two bedroom, one bath home with a single Living area into a more usable two bedroom, two bath home with a choice now of Living and Family areas. This is an expected commodity in today's way of life for such a home that offers an Atlantic Ocean view. Furthermore, (the) enclosed addition shall occur on what is now an existing outdoor open-air concrete patio that gets almost no use as is. Reducing the building separation will not diminish the practical application of the separation requirement and will allow for additional living area while improving the quality of the units located on this property. As stated in the applicants justification the addition to the main house (southern building) will occur on an open air porch which currently has 8' high concrete walls with single hung windows on the north and east HPB Staff Report Pat Lynch Residence - Class II Site Plan Modification Page 6 sides. The area, which the building separation applies on the guest house (northern building), is for a short distance between the addition and the existing apartment unit (3'6"). The 2-story addition is for a 1st floor porch and 2nd floor balcony. Additionally, the architectural style of the additions is consistent and complimentary with that of the existing structures. Thus, as the intent of the code is being met, it is appropriate to grant an adjustment to this requirement. Other Items: Coastal Construction Line: The proposed swimming pool and wall will be constructed east of the coastal construction line. In order to construct the pool at this location, a permit must be obtained from the Florida Department of Environmental Protection (DEP). The applicant has submitted an application to DEP and no problems are anticipated. A condition of approval is that prior to issuance of a permit for the swimming pool and wall the DEP permit must be provided. Technical Items: While the revised site plan has accommodated most of the staff concerns the following items remain outstanding, and will need to be addressed prior to building permit submittal. That Nassau Street rather than Nassau Boulevard be indicated on the plans and the survey; That the parking calculation table be revised to include the correct calculations; and, That the location of the refuse container area and details regarding the type of enclosure be indicated on the site plan and landscape plan. The proposed landscaping is primarily associated with the proposed pool and perimeter wall. Along the south side of the property two Coconut Palm trees are proposed to flank the pedestrian access to the main house. One Gumbo Limbo tree is proposed on the east side of the drive aisle and one Pigeon Plum tree is proposed near the southeast corner of the property. Within the northeast corner of the property three Coconut Palm trees with Buttonwood hedges, Dune Sunflower and Crinum Lily accent plantings are proposed. Green Island Ficus will be planted adjacent to the 4' high pool fence on the south and west sides of the pool. Along the east and south side of the property a Silver Buttonwood hedge is proposed on the right-of-way side of the proposed concrete perimeter wall. The proposed landscaping complies with the requirements of LDR Section 4.6.16. HPB Staff Report Pat Lynch Residence - Class II Site Plan Modification Page7 ' ~' ' ' As previously stated in the report the existing architectural style of the main house and the apartment unit is of the Resort Cottage style, which was popular in the 1930's. The style of the guest house is of the Florida Resort style popular to the 1960's and 1970's. The main house and apartment are contributing structures from a historical perspective, while the guest house is not. The main house was one of the original houses constructed in the Nassau Park subdivision. The proposed addition on the north side of the main house is to be constructed on an existing open air porch. The porch has 8' high free standing concrete walls on the east and north sides with single hung windows. A portion of the wall is curved and contains a porthole style window. The proposed roof material is a gray asphalt shingle roof which will match the existing roofing material and hardiplank siding will be utilized on the east and west sides of the new gable roof. New multi-pane single hung aluminum windows with impact resistant glass are proposed on the east and west sides of the addition. The pink painted stucco finish will match the existing house. The Design Guidelines for Historic Places states that new additions to historic buildings should be differentiated so that the addition and the existing (structure) are clearly of two different times, yet complimentary. This unique open air porch is part of the original historic structure. Therefore, enclosure of the porch will not negatively impact the historic character of the main house or the surrounding residential uses. The proposed addition to the existing one story guest house is for a new 2"d story. The addition will accommodate additional floor area, porches and balconies. The proposed style will be complimentary to the existing style of the historic main house, while also allowing for architectural differentiation. New 1st floor porches and 2nd floor balconies are proposed on the east and south sides of the existing structure. By locating the porches and balconies on the east and south sides of the property, the surrounding residential uses will not be negatively impacted. The proposed gray asphalt roof will match that of the existing structures. The existing bay windows on the east side of the structure will be removed and three sets of white, multi-pane, aluminum French doors will be installed. Tho porch on the east side of the structure will have paver bricks and white painted wood columns. VVhite hardiplank siding is proposed on all elevations of nd nd the 2 floor addition. The 2 floor balcony on the east elevation will feature the same French doors as those on the 1st floor and white wood balcony railing with white support columns. A dormer window is proposed on the east elevation within the roof of the 2"d floor. The south and west elevations boast the most change as the 2nd story addition features a new 1st floor porch and 2nd floor balcony similar to those proposed on the east elevation. A new pink painted, stucco finish chimney is also planned for this elevation. The windows will be multi-parted, single hung white aluminum with impact resistant glass. There are two doors proposed on this elevation which will serve as the main entrance to the structure. The applicant has indicated that the eastern most French HPB Staff Report Pat Lynch Residence - Class II Site Plan Modification Page 8 door is to be eliminated from the proposal and replaced with a window. Staff concurs with this modification as two entrance doom are unnecessary on this elevation. Porthole windows will adorn the south, west and north elevations and are an original fenestration to the structure. Parapet: The fiat roof portion of the main structure (south building) is concealed by a decorative parapet of clapboard to match the gables. A portion of the parapet on the west elevation has been cut away to serve as an access to the fiat roof. There is a ladder, which is attached to the structure to allow vertical access to the fiat roof. Originally a spiral staircase was proposed to serve as the access to the fiat roof. However, the necessary approvals were not obtained for the installation of the spiral staircase nor the ladder. _ If the applicant intends to install the staimase, a drawing of the west elevation must be submitted which depicts the staircase and its relation to the existing window below the parapet cut. The staircase must be reviewed by the Board. If the staircase is not be installed, the applicant must remove the existing ladder and repair the void in the parapet with the siding to match the existing. This item has been attached as a condition of approval. Wall: A 4' concrete wall is proposed east and south sides of the property. Within the required 40' visibility triangle the wall will be stepped down to 3' in height. The wall will be similar to that of the existing except that it will be higher and setback further on the property. A Silver Buttonwood hedge will be planted on the right-of-way side of the wall. The development proposal is not located in an area, which requires review by the CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority). Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: Nassau Historic Distdct Beach Properties Association Via Madna President's Council Progressive Residents of Delray Jardin Del Mar Association HPB Staff Report Pat Lynch Residence - Class II Site Plan Modification Page 9 A petition of objection has been received and a copy has been attached. Additional letters of support and objection, if any, will be presented at the HPB meeting. The proposed improvements to the site will not only improve the appearance of the property but will also help to resolve the existing code enforcement violation, as the duplex will be converted back to a single family residence. The additional square footage will provide an improved product while the proposed pool will allow for additional amenities to the residents. Positive findings can be made with respect to the requested variances and internal adjustment. A. Continue with direction. B. Approve COA-428 and the associated Class II site plan modification, landscape plan, and design elements for the Pat Lynch Residence, subject to conditions. C. Deny COA-428 and the associated Class II site plan modification, landscape plan, design elements for the Pat Lynch Residence, with the basis stated. By Separate Motions: Variances Based upon positive findings to LDR Section 4.5.1(J)(1) grant the variances to LDR Section 4.3.4(K) to reduce the required 25' front and 15' side building setbacks as described in the report. Internal Adjustment: Approve an intemal adjustment to LDR Section 4.6.2(B) to allow a reduction in the distance between residential buildings from the required 19'11" to 4'6"; 19'2" to 9'; and 16' to 12'6". Site Plan: Approve the Class II site plan modification for the Pat Lynch Residence, based upon positive findings with respect to the Land Development Regulations subject to the following conditions: HPB Staff Report Pat Lynch Residence- Class II Site Plan Modification Page 10 1. Address all Site Plan Technical Items and submit three (3) copies of the revised plans; 2. That prior to issuance of a building permit for the swimming pool and wall, a copy of the permit from Department of Environmental Protection be provided; That the applicant must return to the Board for approval of the spiral staircase on the west side of the structure. If the staircase is not to be installed, the applicant must remove [he existing ladder on the west side of the building and repair the void in the parapet as described in the report. Landscape Plan: Approve the landscape plan for the Pat Lynch Residence, based upon positive findings with respect to LDR Section 4.6.16. Design Elements: Approve the elevations for the Pat Lynch Residence, based upon positive findings with respect to LDR Section 4.6.18 and 4.5.1. Attachments: · Appendix A · Petition of Objection · Site Plan · Landscape Plan · Elevations Pursuant to Section 2.4.7(A)(5), the Historic Preservation Board must make the following findings prior to granting a variance: (A) (B) (c) (D) (E) (F) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not generally applicable to other lands, structures, or buildings subject to the same zoning (The matter of economic hardship shall not constitute a basis for the granting of a variance); That literal interpretation of the regulations would deprive the applicant of rights commonly enjoyed by other properties subject to the same zoning; That the special conditions and circumstances have not resulted from actions of the applicant; That granting the variance will not confer into the applicant any special privilege that is denied to other lands, structures, and buildings under the same zoning. Neither the permitted, nor nonconforming use, of neighborhood lands, structures, or buildings under the same zoning shall be considered grounds for the issuance of a variance; That the reasons set forth in the variance petition justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure; and, That the granting of the variance will be in harmony with general purpose and intent of existing regulations, will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Pursuant to Section 4.5.1(J), in acting on a variance requests the Board may also be guided by the following as an alternative to the above criteria: (1) That a variance is necessary to maintain the historic character of property through demonstrating that: (a) (b) (c) (d) A variance would not be contrary to the public interest, safety, or welfare. Special conditions and circumstances exist, because of the historic setting, location, nature, or character of the land, structure, appurtenances, sign, or building involved, which are not applicable to other lands, structures, appurtenances, signs, or buildings in the same zoning district, which have not been designated as historic sites or a historic district nor listed on the Local Register of Historic Places. Literal interpretation of the provisions of existing ordinances would alter the historic site to such an extent that it would not be feasible to preserve the historic character, of the historic district or historic site. The variance requested is the minimum necessary to preserve the historic character of a historic site or a historic district. (2) Or, as an alternative to Sub-Section (J)(l), that a variance is necessary to accommodate an appropriate adaptive reuse of a structure within a Historic District or upon a Historic Site through demonstrating that: (a) A variance would not be contrary to the public interest, safety, or welfare. (3) (b) (c) The variance would not significantly diminish the historic character of the Historic District or Site That the variance requested is the minimum necessary to effect the adaptive reuse of an existing structure or site. The Board shall otherwise follow procedures and impose conditions as required of the Board of Adjustments. · L'DWAJ~D G. ~ CHRISTOPHER r. KUR~ - . PETER A, [ICHTHAN RICHARD ,,lAY W£1.~~: DAVID H. WO,LPIN LILLIAN ARANGO l)E LA JANIE ALAN COLE MANAGING ~ HARm H I~)LD£R- ~RDWARD KAREN LI/8£RHAN~ HATTH£W H, HANDEL I~ERNAR0 ~,. HANDLER ALEXANDER Lo PALI:NZU~:LA-M&URI GARY I. RE~NtCK~ NAN~Y RUBJN~ G~L O. SEROTA~ SUSAN L, TR~ART~EN C~MCN I. TUOEN~ER DANIEL A. W~l~5e January 31, 2001 Ms. Alison }]arty, City Clerk City of Dekay Beach 100 N.W. 1~'t Avenue Delray Beach, FL 33444 Re: 226 S. Ocean Boulevard Dear Cie:k: '" On behalf of Ms. Cathy Appleton, R4_.r. Andrew Katz ,-md Mr. Bud S~ddall, this appeal lilcd ~u :rc~m'd to :four actions of the Historic Preservation Board taken on January dmiug/ts ~-egul~tr mecth~g, in regard ID 'thc Patrick Lynch rcsidcncc, 2_6 South N~au Park J-listoric D~strict. The atoned appellan'ts arc homeowners who live Patfic, k L}mch property; Ms. Appleton and Mr. Siddall also live wiflfin the Nassau Park t-~s[b~6 District. All three parties have an interest in the Historic Preservation Board's action, iul. hat it-:(-~ 'negalively a££ects their properties. The four actions by the Historic Preservation Bo~d which arc thc subject of this appeal include: 1) approval of internal adjustments to allow a reduction in the distance residential buildings from thc required 19'11"to 4'6'; 19'2"to 9', and 16' to 12'6";- ~ , City Clerk City 0fDeh£ay Beach Jm~uary 31; 2001 Page 2'of2 2) approval of a Class Il site plan modification for fl~e Patrick Lynch residence; subjcct to certain conditions; 3) approval of thc landscape plau for the Patrick Lynch residence as mnended to add lm~dscapcd ~rees between the buildings and in the courtyards; cud 4) approval of the elevations for the Patrick Lynch residence, The basis o1' the appeals i~ that the approvals do not meet the requirements o[ the applicable land development regulations and are inconsistent with the comprehensive plan. Appel]ants request that the City Commission overturn all of the approvals. ] understand that no fee is requh'ed of the appellants for this appeal. Please notify mc of thc date and time of the hearing by the City Commission for tlfis appeal, in ordcr to adequately prepare, we request that this appeal be placed on the Conunission Agcnda no earlier than ):ebruary 22, 2001. Very truly yours, Nancy E. S~roud 659.00] NES:jal pASTOU~I~_m ~ OUEDE$, P.A. Weiss Scrota Helfman Pastoriza & Guedes, P.A. Memo To; City Comnfissioners City of Delray Beach From: Nancy E. Stroud, Esq. Representing Appellants Ms. Appleton, Mr. Katz and Mr. Siddall Date: February 14, 2001 Appeal of Historic Preservation Board approvals for expansion of historic property at 226 S. Ocea~ Bird, (Nassau Street I-Iistoric District) Ms. Cathy Appleton, Mr. Andrew Katz mid Mr. Bud Siddall appeal four approvals by the Historic Preservation Board taken on January 17, 2001, which allow a one and one-half story addition and other expansion to a historic property at the "gateway" to the Nassau Street Historic District, at the corner of South Ocean Boulevard and Nassau Street. The expansion is incompatible with the historic character of the street and crowds an additional 3400+ squm'e feet of building space onto the property. The property contains the Cherry House, a resort style cottage built prior to 1949, a guest house and garage, which were converted into three (and at one time, four) apartments when Mr. Lynch, the landlord, bought the property about 1994. The Appellants believe that the Board did not adequately consider the effects of the proposed expansion on the neighborhood, because of an earlier threat by the owner and landlord of the property to demolish the existing buildings and build townhouses on tl~e property. If indeed owners of historic properties can achieve such substantial changes to the historic character of a property within designated districts shnply by suggesting a demolition alternative, there would be no need to create historic districts and regulations meant to preserve the districts. We urge that this Commission take a closer look at the City Code requirements that were intended to preserve historic properties, as they were inappropriately applied by tho Board, and overturn the approvals. S~ecifically, the site plan approval creates an h~appropriate crowding of building space and creates an inappropriate scale of development for the "cottage" style characte~'istic of the Nassau Street Historic District. The "internal adjusm~ents" to the Code that were granted by the Board h~ conju~ction with the site plan do not provide the ~'superior product" required by the Code, but only crowd more square footage into the multifamily complex on the property. The landscaping plan does not adequately mitigate the excessive expansion allowed by the site plan approval and imernal adjustments. Finally, the elevations for this ill-advised plan of expansion should not be approved. Attached are signed petitions by not only homeowners in the Nassau Street Historic District, but also by neighbors and citizens who understand that the District is a valuable "gem" in the City that describes itself as a "village by the sea." The proposed development of this seaside property destroys the very character of the District that helped to create that village. 2 PETITION TO THE CITY OF DELRAY BEACH PLANNING AND ZONING DEPARTMENT HISTORIC PRESERVATION BOARD CODE ENFORCEMENT DEPARTMENT CITY COMMISSIONERS We, the residents of Nassau Park Historic District, surrounding neighbors, and community at large object to: 1. the lack of code enforcement on the illegal fourth apartment constructed and operated at 226 S. Ocean Blvd, Delray Beach Florida, 2. expansion (site development) of 226 S. Ocean Blvd. Delray Beach, Florida due to incompatibility with the historic neighborhood and to the existing serious parking deficiency. We, the residents of Nassau Park Historic District, surrounding neighbors, and community at large request that: the property owner of 226 S. Ocean Blvd. Delray Beach Florida be required to comply with the City code and that the codes continue to be enforced after the property owner brings the property into compliance, 2. any further expansion of 226 S. Ocean Blvd. Delray Beach, Florida be denied. PETITIONERS Name Address PETITION TO THE CITY OF DELRAY BEACH (continued) 37. ~g_~,~~ /(_)~ 7 39. 40 41 42. 43. 45 46. 47. PETITION TO THE CITY OF DELRAY BEACH (continued) 4 PETITIO/bI,,TO THE CITY OF DELRAY BEACH (continued) 74. ~z.~~_.,~,m~z~_~ ~ , 78. 79. '"~?~~/~%"A.x.~ PETITION TO THE CITY OF DELR~Y BEACH (contin~eqi) -~_.,, 94. ~,$/'( 97 98. 99 100. 101. 102. 106. ~ 107..7,/~ 6 PETITION TO TI-IE CITY OF DELRAY BEACH (continued) 113. 114. 115 116 117. 118. 119. 120 PETITION TO TH~ CITY OF DELRAY BEACH (continued) 135. 136. 137. PETITION TO THE CITY OF DELRAY BEACH (continued) 154. 155. 156. 157. 158. 159. 160. 161. 162. 163. 164. 165. 166. 167. 9 TO: THRU: FROM: SUBJECT: D~HA~ITY MANAGER P ~A~,~L_ DORLING, ~3f~E~TO, OF PLANNING AND ZONING MEETING OF FEBRUARY 20, 2001 CONSIDERATION OF A WAIVER REQUEST TO REDUCE THE OPEN SPACE REQUIREMENT FOR THE MUNICIPAL PARKING GARAGE LOCATED IN BLOCK 69. The subject property is located on the west side of SE lS~ Avenue, approximately 225' st north of SE 1 Street. The .41 acre site consists of Lots 20, 21 and 22, a Subdivision of Block 69, and is located within the portion of the Old School Square Historic Arts District, which is subject to the regulations as outlined in the CBD (Central Business District) zone district. At its meeting of January 17, 2001, the Historic Preservation Board approved a site plan request for the construction of a 207 space municipal parking garage. In addition, the Board recommended approval of a waiver request to reduce the open space requirement, which is the action now before the City Commission. Pursuant to LDR Section 4.4.13(F)(2), within the CBD zone district the minimum open space requirement is 10% and only 8.3% open space has been provided. The applicant has requested a waiver from this requirement, which can only be granted by the City Commission. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) (b) (c) (d) Shall not adversely affect the neighboring area; Shall not significantly diminish the provision of public facilities; Shall not create an unsafe situation; or, Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The applicant has provided a justification statement, which indicates that: City Commission Documentation Meeting of February 6, 2001 Waiver for Block 69 Municipal Parking Garage Page 2 "It has long been considered an important goal to provide additional parking to the downtown area. In doing so, every effort is being made to build the parking structure in a manner, which allows it to be compatible with the surrounding downtown commercial area. Certain building features have been added to the elevations, including but limited to a variegated facade and certain other architectural features. In doing so, it has been necessary to decrease the amount of open space. Therefore, increasing the compatibility of the structure with the surrounding area is the justification for granting this waive/". The request involves an open space requirement, and does not affect the provision of public facilities. The waiver would be granted in other similar situations where the City would require the installation of facade features. Therefore the granting of the waiver will not result in the grant of a special privilege. It is further noted that reductions in open space are allowed in other zoning districts such as the AC (Automotive Commercial) and PCC (Planned Commerce Center). While effecting the neighboring area, the reduction in open space results in a facade that is more compatible with the surrounding neighborhood. The required 10% open space could be achieved if a more institutional parking garage facade were provided, however it would be less compatible with the surrounding neighborhood. It is also noted that the same amount of landscaping can be provided in the reduced setback to buffer the building as would have been provided in the 10' as the balance of the area (1.7') would contain sod. Based on the above, staff supports the waiver request. I At its meeting of January 17, 2001, the Historic Preservation Board approved a site plan request for the Municipal Parking Garage on Block 69. In addition, the Board recommended approval of an associated waiver request to reduce the open space requirement. In conjunction with review of the development requests, the Board held a public hearing. While there were comments regarding the mass and scale of the building, only one member from the public voiced concerns that the reduction in open space did not met the required findings for the granting of a waiver. The Board voted 7- 0 to recommend approval of the waiver request based upon positive findings pursuant to LDR Section 2.4.7(B)(5). By motion, approve the waiver to LDR Section 4.4.13(F)(2) to reduce the required 10% open space to 8.3% open space for the Block 69 Municipal Parking Garage based upon positive findings pursuant to LDR Section 2.4.7(B)(5). Attachment: Site Plan It II I CITY COMMi~Ii~H' DoCUM~i~'~ATION ~ ~ TO: THRU: FROM: ROI~D R. HOGGAR~ J~ENIOR PLANNER SUBJECT: CITY COMMISSION MEETING OF FEBRUARY 20, 2001 APPEAL OF HISTORIC PRESERVATION BOARD ACTION REGARDING RECTORY PARK SITE PLAN MODIFICATION The property is located within the Old School Square Historic Arts District (OSSHAD) zoning district. On June 3, 1998, the HPB approved COA-346 which included Site Plan, Landscape Plan and Design Elements for Rectory Park for the construction of a 3-story mixed-use building, a 27-space off-street parking area and associated landscaping. The project is currently under construction. The proposed site plan modification involves changing the layout of the parking lot. The proposal is to reconfigure the parking spaces in front of the Historic Rectory building and eliminate spaces on the south side of the new 3-story building. Overall the modifications result in a loss of 6 on-site parking spaces. The elimination of these parking spaces will allow the developer to increase the landscaping on the site, including the addition of a garden area on the south side of the new building. Extensive landscaping has become a signature trademark of this developer and has been welcomed by the city in the otherwise highly paved downtown area. To offset the loss of parking, a unity of title has been recorded incorporating an off-site parking lot (west of the development) with 14 additional spaces into the project. Additional background is included in the attached HPB staff report. The Class II Site Plan Modification was reviewed by the Historic Preservation Board at its February 7, 2001 meeting. The Board denied the modification due to concerns with the proposed traffic circulation pattern for the parking lot. As previously approved, the 26 space parking requirement for the project was met on site with a total of 27 parking spaces provided. The proposed site plan modification reduces the number of spaces on site to 20 spaces and provide an additional 14 spaces in a parking lot to the west of the project. This parking lot, which has been joined to the project by a Unity of Title, was approved by the HPB on June 16, 1998. Although the parking was not required at the time, the parking lot was always intended to be used by employees of Rectory Park. Pursuant to LDR Section 4.6.9(E)(4) Off-Site Parkin,q, parking requirements may be provided off-site, within 300' as measured along an acceptable pedestrian route. Although there is no code requirement that there be a direct vehicular connection to the off-site City Commission Documentation Meeting of February 20, 2001 - Appeal of HPB Action for Rectory Park Page 2 parking, the Historic Preservation Board felt that this condition was unacceptable for the project since it would require going around the block to access the parking lot. The Board suggested relocating the dumpster and removing another space if necessary to provide vehicular access to the off-site lot. The Board was also concerned about the lack of a turn-around area at Atlantic Avenue (northwest corner of the site) which could be utilized when the parking lot is full. It is noted that this was a condition of the original site plan approval and should have been indicated on the plan. Staff recommended approval of the site plan modification to the Historic Preservation Board. While the Historic Preservation Board's concern with requiring the public to circle the block would appear valid, it is likely that future tenants will require their employees to utilize the off-site lot, thereby enabling more on-site spaces to be used by customers. Since employees will know where the lot is located, circulation problems should be minimal. Given this factor, the need for a vehicular connection to the off-site lot is minimized. It should be noted that many buildings in the downtown area have little or no private parking. This is a normal condition in an urban setting where public parking is available. Rectory Park has 8 parking spaces more than the requirements for the project. The developer is attempting to create a unique environment for this mixed-used project with extensive landscaping, gardens and unique architecture. The inconvenience of the disjointed parking lots is the trade off. If the connection to the alleyway to the south is reopened to access the parking lot, it is likely to generate additional through traffic. The portion of the alleyway, which ran through the site was originally abandoned so that a strong pedestrian relationship could be maintained between the buildings of the project and through-traffic could be eliminated. City Commission discretion. Attachments: · Historic Preservation Board Staff Report \\misrv001\departments\planning & zoning\boards\city commission\rectory park hpb appeal.doc MEMORANDUM BALFOORT FINNVOLD ARCHITECTURE, INC. DATE: RE: TO February 8, 20001 Rectory Park Apartments Alison Harry, City Clerk Alison At the Febluary 7 HPB meeting, COA-346 (Rectory Park) was demed by the board The items on the agenda were for minor changes to the approved s~te plan that had been rewewed by Ron Hoggard and Jeff Costello in the Ptanmng and Zoning department However, the board looked at modifying major ~tems horn the original Site Plan Approval that were not on the agenda I have spoken wdh Jeff Costello and he ,has reformed me that we are ehg~ble to appeal to the C~ty Commission and would be able to be seen on ~he February 20, 2001 agenda If you could conhrm this I would greatly apprecmte it. If you have any questions, or need any addmonal informahon, please do not hesitate to call my office. Thank you for your time, MIchelle Balfoort ...~ Agent for the Rectory Park Project 255 Northeast 6 Avenue, Delray Beach, FL 33444 p 561 276 6671 f561 276 2010 License #AA0003252 ema# mbarc~mmdsprm~ corn or afa~ c~mnLr!_.s~Lq_q_,_]~~ ] MEMOR:ANDUM S TA F F,'EE.P:O~R T ..... Applicant: Project Name: Project Location: Aeasus Real Estate Limited Partnership Rectory Park Southwest corner of West Atlantic Avenue and South Swinton Avenue, within the Old School Square Historic Arts District. The action before the Board is a continuation of COA-346 associated with a Class II Site Plan Modification for the Rectory Park, pursuant to LDR Section 2.4.5(G)(1)(b). The .66 acre property contains Lots 3,4,11 and a portion of an abandoned east/west alley in Block 61, Town of Delray. The property is located within the Old School Square Historic Arts District (OSSHAD) zoning district and the West Atlantic Avenue Overlay District (WAAOD). An abandoned gasoline station was demolished on Lots 3 and 4 in 1997, and a two-story historic structure (originally constructed as a parsonage in 1912) and one-story office building currently exist on Lot 11. On June 3, 1998, the HPB approved COA-346 which included Site Plan, Landscape Plan and Design Elements for Rectory Park for the construction of a 3-story mixed-use building, a 27-space off-street parking area and associated landscaping. The project is currently under construction. The proposed site plan modification only involves changing the layout of the parking lot. The proposal is to reconfigure the parking spaces in front of the Historic Rectory building and eliminate spaces on the south side of the new 3-story building. Overall the modifications result in a loss of 6 on-site parking spaces. To offset the loss of parking, a unity of title has been recorded incorporating an off-site parking lot with 14 additional spaces on Lot 5 (west of the development) into the project. 'REQUIRE'D 'FINDINGS Pursuant to LDR Section 2.4.5(G)(1)(b), a Class II site plan modification is a modification to a site plan (other than Class I applications) which requires no review of the Performance Standards found in LDR Section 3.1.1, but which requires action by a Board. Meeting Date: February 7, 2001 Agenda Item III.C. HPB Staff Report Rectory Park - Class II Site Plan Modification Page 2 LDR Section 2.4.5¢G)(5) {Findin_~s): Pursuant to LDR Section 2.4.5(G)(5), formal findings are not required for a Class I or II modification. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall be specifically addressed by the body taking final action on the site and development proposal. LDR Section 4.3.4(K) (Development Matrix): Open Space The south portion of the property requires 25% open space and the north portion, fronting on Atlantic Avenue, requires 10% open space. The modified site plan increases the overall open space for this project from 26.1% to 28.5%, exceeding requirements. LDR Chapter 4.6 Supplemental District Regulations: Parkin_~ The proposed site plan modification does not involve any changes to the size or mix of building uses within the project. As approved in 1998, the project required a total of 26 parking spaces and 27 spaces were provided. Although the proposed parking lot modifications will result in a loss of 6 parking spaces, inclusion of Lot 5 with 14 additional spaces into the project will result in a total of 35 parking spaces, thereby exceeding the project's requirements. Outstanding Conditions of Approval: Several items remain outstanding as conditions to the 1998 site plan approval. These items are again listed as conditional of approval for this site plan modification. 1. Development is occurring across lot lines, requiring replat of the entire property. A replat would include dedication of all required utility easements and rights-of-way. 2. Execution of a hold harmless agreement for dumpster located in utilities easement. The proposed modifications will result in additional landscape area on the site. Although the applicant has submitted a revised landscape plan, the plan is incomplete and does HPB Staff Report Rectory Park - Class II Site Plan Modification Page 3 not match the site plan. A revised landscape plan depicting the proposed changes and addressing the requirements of LDR Section 2.4.3(C), Landscape Plans must be provided and is attached as a condition of approval. A S s'ES S M:'E N T'~"A'N'D C O~!i~?L~l~'~i~ 0. N ' ~,, .., ......... ~'~ ~ ]J The proposed modifications to the parking lot design are minor from a traffic circulation standpoint. Although the number of spaces on the original site is being reduced, the addition of an additional lot into the project will result in a net gain in total parking. A L T ER N A T'I V E'A C T i O N S ;' '~!ii!ili:i~ ~ ~i~, Ao Continue with direction. Approve COA-346 and associated Class II Site Plan Modification for Rectory Park subject to conditions. Deny COA-346 and associated Class II Site Plan Modification for Rectory Park with the basis stated. Approve COA-346 and associated Class II Site Plan Modification for Rectory Park, based upon positive findings with respect to the Land Development Regulations subject to the following conditions: Provide 3 copies of a revised Landscape Plan, consistent with the amended site plan and containing the required elements pursuant to LDR Section 2.4.3(C) Landscape Plans; and, 2. Prior to issuance of a CO (Certificate of Occupancy), the following items must be addressed: a) That the entire property be replatted including dedication of all required utility easements and rights-of-way, and the replat be recorded. b) Execution of a hold harmless agreement for dumpster located in utilities easement. Attachments: · Reduced Site Plan Staff report prepared by Ronald Hoggard o o · ! z 0 TO: THRU: FROM: SUBJECT: CITY COMMISSION DOCUMENTATION' TOR OF PLANNING AND ZONING J~I~Y-~-COSTELLO, PRINCIPAL PLANNER MEETING OF FEBRUARY 20, 200'1 LAKEVlEW BAPTIST CHURCH - TEMPORARY CERTIFICATE OF OCCUPANCY ACTION REQUESTED OF THE, COMMISSIONi'i~'' ' '~ ....... "' I The action requested of the City Commission is that of approval of an extension request to a previously approved temporary certificate of occupancy for Lakeview Baptist Church, in order to allow use of the fellowship hall and classroom addition prior to construction of a required stabilized sod parking lot and associated improvements. The subject property is located on the east side of N. Swinton Avenue just south of the north city limit, at the intersection of Swinton Avenue and NW 25th Court. The property is zoned CF (Community Facilities) and contains 4.02 acres. On September 16, 1992, the Site Plan Review and Appearance Board (SPRAB) approved a minor site plan modification to allow a 10,050 square foot fellowship hall and classroom addition to the church. The approval also included on-site parking improvements, including installation of a stabilized sod parking area on the south side of the property and landscaping improvements. In 1993, a site plan modification was approved to incorporate changes to the parking areas to improve the on-site circulation and stacking between the paved parking area and the stabilized sod parking area. Permits for these improvements were issued in 1992. In 1999, the fellowship hall and classroom addition were completed as well as the parking and landscaping improvements north of the fellowship hall. However, the stabilized sod parking area and associated improvements to the south paved parking area have not been constructed. At its meeting of August 17, 1999, the City Commission approved a request for a temporary certificate of occupancy for 18 months (until February 17, 2001) for Lakeview Baptist Church. The church is requesting an additional 18 months to complete the parking improvements on the south side of the property. While the church's seating capacity is 375, the congregation has decreased in the past nine years and additional funding is needed to construct the improvements. In the meantime the paved 93 parking spaces appear to be adequate to handle the current needs of the congregation. There have been no complaints or concerns raised regarding the current situation. An additional 18 months should enable the church to raise the funds and complete the parking improvements. Attached is a request letter regarding the basis for the extension. By motion, approve the extension request for a temporary certificate of occupancy for 18 months (until August 17, 2002) for Lakeview Baptist Church to allow the use of the fellowship hall and classroom, prior to construction of the stabilized sod parking area and improvements to the south parking area. Attachments: Request Letter, Location Map, Site Plan Lakeview Baptist Church Rev. IHi~hael Bell, Pastor 2599 North Swinton Ave. Dell'ay Beach, FL 33444 Phone, (561)276-3937 e-mail LVCHURCH~BELLSOUTH.NET Fax (561)279-0206 February 9, 2001 · City of Delray Beach Planning & Zoning Dept. Attn: Jeff Costello 100 NW 1st Ave. Delray Beach, FL 33444 Re: Temporary Certificate of Occupancy for Lakeview Baptist Church Dear Sire: At this time, the church would like to request an additional extension of eighteen (18) months on the Temporary Certificate of Occupancy, for the following reasons: 1) There are not enough funds in either the Building Fund or the General Fund to complete the project. 2) The church membership is down considerably from when this project was started. In order to let the City know that we are sincere in our attempt to complete the job, we have instigated the following actions: a) Taking bids for the stabilization of the soil. b) Taking bids for the curbing and landscaping. *The preliminary bids are in excess of $26,000. c) Upon receiving these bids, we propose to present to the church members the final amount needed to complete said project. d) Creating a Final Building Fund Drive to obtain enough funds to complete the project once and for all. We appreciate your attenhon in this matter and look forward to working with the City of Delray Beach in this final phase. Sincerely, Marvin Walker Building & Grounds Committee Chairman ( S W 36TH AVE N w 25TH CT. N W. 25'FH ST BONNIE'vIEW RD SEA CREST BL VD. PRESBYTERIAN CHURCH & CHRIS TIA N SCHOOl.. N W 24TH CT A QUA CREST POOL N.W 24TH ST UNITY CHURCH AND ELEMEN TAR Y SCHOOL N E 22ND LANE ~-~\C ¢~GM N.W 22ND STREET PINE RIDGE RD N E 22ND , . . $~ I IZl ~=/ I /z/ I I~IOF THE ~ S~,TON ,- ~ ~r I I I ~ ~ I I~ I ' I ~ ,~ ,,,,, ', ~ ~ ~ ~cHoo~ m~ N W. 17TH ST. N.E. 17TH ST ~ N CITY O¢ DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT LAKEVIEW BAPTIST CHURCH --- OIGIF,4L ~,4S£ 444° SYSTEM -- MAP REF LM220 TO: THRU: FROM: SUBJECT: PAUL DORLING, DII~TOR OF PLANNING AND ZONING MICHELLE E. HOYLAND, PLANNER,_~ MEETING OF FEBRUARY 20, 2001 ***CONSENT AGENDA*** CONSIDERATION OF A REQUEST TO ALLOW TWO 1,344 SQ. FT. TEMPORARY MODULAR BUILDINGS AT SHERWOOD PONTIAC, LOCATED ON THE WEST SIDE OF SOUTH FEDERAL HIGHWAY, APPROXIMATELY 600' NORTH OF FLADELL'S WAY (AVENUE F) (2400 SOUTH FEDERAL HIGHWAY). This request is in conjunction with a development proposal for the Sherwood Pontiac development, which includes demolishing the existing showroom/offices and service write-up building in order to construct a new showroom/office and write-up building, associated parking and landscaping. The Class IV Site Plan Modification for the proposed improvements was approved by SPRAB on November 15, 2000. The applicant is requesting the placement of two 1,344 sq. ft. temporary modular buildings on the property for the use as sales offices until a Certificate of Occupancy is obtained for the proposed building improvements. The use of temporary modular buildings will provide the facilities required to maintain business operation during the renovation and reconstruction period. Permits for temporary modular buildings are not included within the list of allowable temporary uses provided in LDR Section 2.4.6(H)(1), therefore approval of a waiver to allow this use from the City Commission is required. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body must make a finding that granting the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The sales modular will be located on the south side of the property and the service/parts modular will be located on the north side of the property within the existing parking lot. The installation of the modular buildings will not adversely impact the neighboring area. The site modifications have been designed in a manner that will create the least possible disruption to City Commission Documentation Meeting of February 20, 2001 Sherwood Pontiac Modular Buildings Page 2 the circulation within the parking area. While the available parking spaces will be reduced, there is a 153 space excess of on-site parking, the situation is temporary, and will enable Sherwood Pontiac to continue its operations while constructing a new showroom/office and write-up building. The waiver will not create an unsafe situation or result in a special privilege as the same waiver has been granted to others. As there have been delays with this project throughout the years the modulars should not be installed until a building permit has been issued for the showroom/offices and write-up building improvements. By motion, approve a Temporary Use Permit for the placement of two modular buildings to allow temporary sales office and service facilities on the Sherwood Pontiac Dealership property, based upon positive findings with respect to LDR Section 2.4.7(B)(5), subject to the following conditions: 1. That a site plan modification be processed and approval obtained from the Site Plan Review and Appearance Board; 2. That the site be fully restored in compliance with the approved site plan once the modular buildings are removed; 3. That the modular units be removed at the time a Certificate of Occupancy is issued for the showroom/offices and write-up building; and, 4. That the modulars not be installed until a building permit is issued for the proposed showrooms/offices and write-up building. Attachment: [3 Site Plan [3 Landscape Plan I.*ON AYMH~IH '8 fl , L A¥~I.f~H ]IXK] (]10 OVOHIYH [!h illlhh~ ,,i:,iLi,;li ~,B:,. li:f I J !! ~l' 'jill ll,p. ~, d,,MI.M,~,,I,,.I,,,' I .~.i,, ,,, ,," [ITY JIF I]ELARY BEA[H DELRAY BEACH AII-Ame~caCity 1993 M~.~0,~~~ELRAY BEACH, FLORIDA 33444 David T. Harden City Manager FROM: Robert A. Barcinski Assistant City Manager 561/243-7000 DATE: February 14, 2001 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING FEBRUARY 20, 2001 SPECIAL EVENT APPROVAL - WALGREENS RED RIBBON RIDE ,d CTION City Commission is requested to approve the Walgreens Red Ribbon Ride which will pass through Delray Beach on April 1, 2001, to grant a temporary use permit per LDR's Section 2.4.6(H) for the use of Anchor Park and it's facilities from 6:00 a.m. to 10:30 a.m. on this date as a pit stop to include restroom facilities, and to authorize staff support for barricading and traffic control. BACKGROUND Attached is a request I received from Cory Sontag, Logistics Coordinator, for the Walgreens Red Ribbon Ride to use Anchor Park a pit stop on April 1, 2001. This is a bike ride event beginning in Orlando on March 30th and will end in Fort Lauderdale on April 1 st The event volunteers will clean up the site, set up the site provide assistance to the riders, set up tents and provide port-a-potties if necessary. Our involvement would be to set up cardboard trash containers, barricade the lot and provide traffic control. Traffic control can be done with on-duty personnel and barricading the lot for this use would require minimum time. Trash containers can be set out by the crew putting up barricades that morning. Overtime cost for a beach supervisor to open the site before 7:00 a.m. is approximately $50.00. This is not a new event. RECOMMEND/I TION Staff recommends approval of the temporary use permit for the use of Anchor Park site and building for the Walgreens Red Ribbon Ride on April 1, 2001 from 6:00 a.m. to 10:30 a.m., and approval of staff support for traffic control, barricade, and trash container set up and removal. Contingent on the event sponsor providing a certificate of insurance, hold harmless agreement and payment of overtime, if needed. RAB/tas Attachments File. u sweeney/agenda Doc walgreen red rtbbon ride 2001 Printed oo Recycled Paper THE EFFORT ALWAYS MATTERS 2-02-2001 11:12AM FROM RED RIBBON RIDE 9S4 922 9117 Day $, Pit 1 Bob Barcinski/?",~-,'~'~ City of Detray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Pit Stop Permission Form In support of Walgreens Ride 2001, I hereby grant permission to use Anchor Park in Delray Beach on April 1,2001, for the purpose of provfd~ng a rest area for partidpants in their event, This includes permission for: · Set-up of 6 - 8 portable toilets one day prior to the date shown above · Set-up of 1 - 2 canopies Use of the parking area indicated on ~he enclosed s~te plan · Use of the parking area for PJde vehicles including one 15' truck, one to two 15 person passenger vans, a medical faolibes van, and addiiJonai support vehicles At pit stops designated as Punch stops only, addilionai permission is included for. · Set-up of a dumpster one day pdor to the date shown above, to be removed no later than Monday, Apdl 2, 2001 · Use of the parking area for one refrigeral~on truck I also understand that Walgreens Ride 2001 may have'the need for the following on-site services, and I hereby grant permission for use of the following: (Please initial where appropriate) Use of an on-site standard garden hose hookup for the purpose of providing a "cooling mister" Use of on-site electridty Use of on-site dumpster(s) Name Date Title Mailing Address Pit Stop Address Telephone # Emergency Contact Signature Fax# Phone # CO~y Sontag, L~,St~cs Manager Walgreens Ride 2001 2-02-2001 11:13AM FROM RED RIBBON RIDE 95~ 922 9117 ~t~IAT 18 THE WALGREENS RIDE 20017 Walgreens Ride 2001 will take place from March 30, -April 1, 2001. Some 750 - 1000 riders from across the country will participate in this three-day, 275-mile, fundraising event on bicycle. The Ride will take us from Orlando, down the breathtaking shores of the Atlantic Ocean, en route to Fort Lauderdale. This event raises money for the Florida AIDS Consortium which supports, through the event, the AIDS related services of Action for AIDS of Floricla, AIDS Resource Alliance in Orlando, CenterOne located in Fort Laude~dale, CARE Resource of Broward, Dada and Palm Beach counties, Comprehensive AIDS Program of Palm Beach County, and Tampa AIDS Network. Walgreens Ride 2001 is a dale, not a race. It's designed to be a fun, spirited, exhilarating adventure for all riders. It's an event for everyone - groups of friends, co-workers - anyone who cares about fighting AIDS and who wants to experience the adventure of a lifetime. Safety is paramount. WHAT IS A PIT STOP? Every 10-20 miles along the route, we provide a rest area or pit stop to ensure the safety and the well being of the participants of the ride. Each pit stop, run by a volunteer crew, gives the riders an opportunity to replace lost fluids and electrolytes, stock up on carbohydrates, use the portable restrooms we provide, and a chance to rest and stretch out tired muscles before beginning the next leg of their journey. Skilled medical personnel are also on hand to assist with any physical aliments the rider may be experiencing and bike technicians are available to repair any malfunctions of the dder's bicycle. Our volunteer crew begins their day at 4:30 AM; rising early to load their vehicles, eat, and be on the road by 6:00 AM. Our first pit is open and ready for the riders' arrival by 7:00 AM, closing at 10:30 AM. Our last pit opens at 11:00 AM and closes at 6:30 PM. As the Ride progresses, we 'collapse' the route behind the riders, clean~ng up each pit stop, leaving no trace of the Ride behind. This process allows us to maintain control of the dders' safety and passage through each jurisdiction. Since the riders are traveling at their own pace, they will be stretched out over the route, separated by up to 60 miles between the first and last rider. Because of this spacing, we do not anticipate more than 50-90 riders using a pit stop at any given time. The exception may be the pit stop designated as our lunch stop, where dders tend to stay a little longer to enjoy the lunch we provide. When we scout the route for a pit stop site, we carefully choose out sites based on the following criteria: · A site on the right hand side of the road to allow riders to exit and enter safely · A large enough site to accommodate our vehicles and participants at any given time, yet small enough for a small crew tO maintain traffic and pedestrian control An area that provides shade for the nders Water source for our "misting' cool off area On-Site pay phones Room for support vehicles to enter and exit safely throughout the day Equipment we will have on site will include the following; · 6 - 8 portable toilets (to be dropped off I day prior to our arrival, usually picked up that afternoon) 2-1D2-2001 11: 13AM FROM RED RIBBON RIDE 95A 922 9117 P' j' A 10' x 20' shade (2 at lunch stops) * A walk-through "mister" Dumpsters at lunch stops only (to be dropped off I day prior to our arrival) · Megaphones used for rider and crew vehicle control Vehicles parked on site wilt include: A 15' truck or cargo van · One 15-person passenger van or a mini-van or personally owned vehicle · A bike-tach support van · Refrigeration truck at the lunch stop only WE ARE AWARE WE ARE BEING ENTRUSTED WITH THE CARE OF PUBLIC AND PRIVATE PROPERTY AND WE WILL ENDEAVOR TO BE WORTHY OF THAT TRUST. WHAT HAPPENS IF A RIDER IS INJURED? The Walgreens Ride 2001 takes safety very seriously, N_o rider is. allowed to r{de without a c,e. rtified h~lmet and fully understandina the Florida Vehicle code for bicycle safety, We have developed a comprehensive plan to ensure that, m the event of an emergency, our riders and crew will receive immediate and professional care. This plan will be implemented with the use of cellular phones and two-way radios. A rider should never be more than 9 miles from qualified medical treatment. Ambulances, fully equipped and staffed by licensed EMT personnel will escort the Ride fully coordinated with state and local EMS. Our on-mad staff will act strictly in a triage model - stabilizing injured dders. We have begun contacting emergency teams along the mute and will defer to local 91 emergency operations for necessary transport to local medical facilities. ~ Finally, every rider and crewmember will wear an identification bracelet. A matching tag will be affixed to each rider's bicycle. These bracelets have a toll-free 24-hour emergency number that will connect the caller with officials at our command center who will be linked to the on-road emergency staff. WHO IS,,RESPONSII~ ,LE FOR THE (~ARBAGE THAT THE RIDE. WILL GENERATE? Garbage will not be a significant problem along the mute. Riders witl be given food and drink at the pit stops we provide along the route. Riders are encouraged to leave their garbage at the pit stop or pla~e it in their packs until it can be properly disposed of. Our mad Drews wilt monitor the route, picking up any trash generated by our riders. Trash in and around the pit stops is cleaned up, removed by our c~ews, and disposed of in our dumpster at camp. _¥~/ILL BUSINESSES ALONG THE,,ROUT~ BE ADVERSELY AFFECTE, D? Businesses will not be affected in any way, In fact, businesses such as coffee shops, grocery stores, and convenience stores along the route are likely to see business increase as riders atop in to purchase items in order to meet their needs along the mute. Furthermore, as people in the communities along the route come out to support the riders, businesses are given a great opportunity to market to them as well. I_S..,THE WALGREEN$ RIDE 2001 INSURED AGAINST LIABILITY? The Walgreens Ride 2001 is fully insured for general liability and Gan provide a certificate of proof of Insurance upon request. For additional information, please contact Cory Sontag, Logistics Manager of the Walgreen$ Ride 2001 at (305) 770-2624 or via email at csontag~.cc, miam£com MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM q~/'- REGULAR MEETING OF FEBRUARY 20, APPOINTMENT TO THE EDUCATION BOARD FEBRUARY 14, 2001 2001 With the resignation of Ronald Nyhan from the Education Board, a vacancy has been created to fill his unexpired term ending July 31, 2002. Also, an automatic resignation of Eugene K. Herring was created xmth the missing of three (3) consecuuve regular meetings (attendance records attached). This vacancy is also to fill an unexpired term ending July 31, 2002. Members of the Education Board must be residents of the City or have a child attending Delray Beach pubhc schools or own property and/or own or operate a business within the City. It is the intent, whenever possible, that the membership include persons with a background m business, real estate and/or education. The following have submitted applications and would like to be considered for appointment: °**°Diane Richard-Allerdyce °.% Saralyn L. Buzen °.% Tanya R. Dowell °2° Gerald P. Franciosa o.% WflliamP. Milner, Jr. · ~'~ Shapiro A check for code violations and/or mumcipal liens has been conducted. None were found. At the February 6, 2001 meeting Commissioner Archer appointed Nancy Brito, to fill the vacancy created by Ronald Nyhan's reslgnauon, however she ~s unable to serve. Therefore, this' appointment will be made by Commissioner Archer (Seat #2), (see letter attached). Based upon the rotataon system, the appointment to fill the automatic resignation of Eugene K. Herring will be made by Commissioner Schwartz (Seat #3). Recommend appointment of two regular members to the Education Board to fill unexpired terms ending July 31, 2002. Ref:Agmemo3.Appt. to Educauon Board. Regular Member [lTV I]F I]EL!111¥ BER[H DELRAY BEACH Ail-America City 100 N.W. 1st AVENUE 1993 DELRAY BEACH, FLORIDA 33444 - 561/243-7000 Mayor David Schmidt Alison MacGregor Harry, City Clerk City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Dear Mayor and City Clerk: Since I will be out of the country during the City Commission Meeting scheduled for February 20, 2001, I am forwarding this letter with my recommendation and nomination for an appointment to the Education Board. I recommend the appointment of William H. Heller, to fill the unexpired term ending July 31, 2002 as he has expressed the desire to serve. Originally at the February 6, 2001 City Commission Meeting I appointed Nancy Brito. Unfortunately she requested that her name be removed just prior to the meeting. My purpose in forwarding this nomination in writing during my absence is to avoid a lapse in membership and participation on the Education Board due to postponement on my behalf. Would you please read this letter into the Commission record, and if the Commissioners so desire, accept my nomination and proceed accordingly. Sincerely, Patricia Langley Archer Vice Mayor cc: David Harden, City Manager U:RANGEL/ARCHER Education Board Appointment Prlntecl on Recycled Paper THE EFFORT ALWAYS MATTERS CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 199~ Please type or prim the followin~ information: rasl Nam,:jQ-- le_.l-J~ - A_LLE 1"4'E:)~ C,G _.'~ Home Address: 3: Legal Residence City City Bus' $ ho · 6. What Board(s) are you interested in ~n'ing? ~0 ~l D~ ' Middle Initial State [ Zip code glare'" I Zip Code S~te Zip C~e 7. Li-st ';'11 Cji3' Boards On whi~'h you are currently serving or have previously served: (Please include ~]ates) ~ucatlonal qUali~catibns: 9. List any relalcd professional ce~ificsuons ~d ]icings w~ich you holt' T0: Give your present, or most ,~ce,,! employer, and position: "L.~,~ J0 0/0 xO~t T ? ' ~ E~T, C~ A ~ ~ I 1. Describe expcridnCes, skills or knowledge which quali~' you lo serve on this ,oara' tm~se anacn a ~ne{resume} I hereby ce~i~ that all the above statements are true, and I agree and undemtand that any misstetement of m8terle! fscts contained in ~his epplication mey ceuse fo~eiture upon my pa~ of 8ny ~ppointmeng I m8y receive. SIGNATLIKE RECEIVED JUN 2 0 2000 Dare CITY CLERK 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. N. W. (4O7) Pb.D. inEn~i~i~latbe Unive~ityofFlezida(Aprill~) DJ~aarmnoa: '~a~Fammi~Ctna~ityof /reals ~m. A Lacaman Vie~' ~ by F.~e Ragla~.S~aa. phi ~ Kappa. M,K (1983) ami B.A (1982) in Y=ngli~ fium Florida Azlsntic Univea. sity. Thesis: 'Saaity ~ lm~nnity m Two Novels by William Faul{mer' direm~ by' lulian C. fe~ Scbolasm Adutwemeat, April 1 Te~'Mnlz and Aa,,,inbaradve t~4)erlemae FlortdaAtlanric Untver,~.tv, ]~toward Center, Davie, Florida. ~ (Sufltmm' 1994. Spna$1992, 1993). Cefltral CalllpaS, ]~x:a Ralolk Florida. Ax:linnet (1985-1959). Courts Taught. Col:npo~laon ]~Wdtin~ Aboul L,mau~: N'u~mt~,nd~mm~ Amer~.au Novel; Am~h:a~ Nowi sinm 19o0. Palm Beach Con,mmic. College. Som~ BomRatou, Florida. Adjun~ (Smmnefl 19S5-1990) Courts taught, Atnerk:an Liaeraa~ I & II. Univers.tv of Florida, GKn~zviHe, Flodd~ TMchia8 Assislam (1953-&5, 198'7) C~rses taught: Comlmsition I & II; Advance___ Exposition Worbbo Cen~r for Educao'or~ Training. and Holistic Approache.~ Inc. ~), ~ ~ ~ (~ ~~). ~f~ ~ ~r. ~~. ~ ~ ~~, ~ ~, ~ ~on Mila~o ~nMr ~ ~ ~ (~ 1~9-~ch ~). ~, ~ ~~, ~ Unltarlm Unlver~Mtst Fellowship of Bor. a R~on, ~ R~ton, ~ (1993-1n~at~). Religious ~on teaoh~r and l~tn and th~ l~nuatang of &~' C.,ender. Mod~rnt~. . and N~ram,t Identity. beY, Mb. ~ ~ llYu~s LWn~m~ Peas 1995. "£ ~'~imre ge~ntnlne and its~~: ~ Nin's Kaspona~ to D. K l,nwt~e.' D. Ar./,,~re~e Revtew 26. l-3 (199~ and 199e 197-226. (Pubtiah~ 199'/). 'Natrat~andAuaben6aty(S~ofEvasioainth~Diati~ofAaattN~n: ThmandNow)." ,Oats: ,O/nttrntmonatJoun~t (1995). 79-94. 'l. leann~ the Otb~. lndivid~J Growth and Social Clm~e in ~ Women's, Men's and F, eo-S~ Movement' 14.1 (Spring 1994)- 57-66, 'Anals Nia'$ Motl~i~ Metaghor Toward a ~ V'~.w of F~a~mne C~ntivity · In Com~omt~e Formations: C~,n'ent Directk in P.svchoanal. vt/c Cnttc~n. E~ by Vera J. ~ Kent. Oluo. KSU PI~, 1989. 86-98 Crealive Writing:. "SOllaet: Tile C, tmm~ " Ameri¢on Poett & Po~t~. (f~nimg). 'Storm Wa,~c..~g' Mub~est Poetry. Review. ~ 2001 (fortl~omin~ 'Nm C~nsiden Dmvell: Fnmdship. Imiomy and the Creativ~ Pm~.= Law~oe ~ Society's oon.C~e.n~ on "The Par~ Durmll. I~11~ and Nih. 1930-1940" (May 199~) in Colutnbu~ Ohio. (A~fil 1997) in ~&. 'B~aking Si~n~: Nam~ve as Mounang." Nanat~: An Inn~ntim~ai Confam~ fAinil 1996) in Colmnt~ Ohio. "rh~ti~ of C~ndar and Socml At, on: Some Conn~cuom.' Popular Culm~ Au, o~oa/Ameri~an Cultu~ ~on Anau~ MeeunS (Ap~ 199~) m P~-a-al~ia, Pmns~l~ *,~i-at~e$ ofE~iost il~ d~e ~ of Alt~s Nm: ~ [wtd ~ow.' 1~4 Vancouver, B.C. '£'/f.c?itwre Feminine and its Diac~ltm~: ~ Nm'a Rmgon.~ to D. H. ~." Popular Cutmre Association/An~ncan Cultm~ Assoc~on Annual ~ (A~n~ 1994) in ~, niinois. *Hcnrin~ the ~ Wholeness and t~lanoe in thc Wom~n's. Men's md E~o=~ Mov~m~nls.' Popolar American Cuku~ Asr~:~-mtion .~mnmti Meeting (April 1993) in New Orkan~ Louinam. "l/~nking Color: The GOSl~l A~ordin~ m Ali~e Walker.' Popular ~ Assoria~ion/Anm-ican Cnltme Ar, s0c~uon Annml Maetmg (Mar~ 1991) m San Antonio. T~.m. 'Amis l~rm's ?oetic Porn': ~g the Male Gaze.' Popular Culm~ Asso~mtion/American C.~, A.ra~ci~on Annmd Me,nm (March 1990) in Toronto. Canada *Ex-Comnmnicat~on taxi the l~liucs of(Professional) Positionin~ ' ~ Politics Univerm .ty tn Kern, Ohio "'Thc Death of Amis Nih.' Lectur~ Sones: 'Words, A_q~r Hour' (May ~SS) at Plotida Adantic Univemty, 1% Lm~tdale, Florid '~,ra;~n*~ m~d the.Z~u~nc~ of i~ing ~ La, an & Anals Nizt' Lacan, ~ & Lileramre Co=~=c (May. 19~8) att ~ U~ tn Kent, Ohio. Pa~cil~m 19~3 I~'EI-I Summer SemJnnr, "Oitic~! And 'rneo~icnl Mod~nm Tr-ad~o~' ~ l~y Daniel ~ Schwa~ Comell Uni~e~i~, J~me 14-$uly 30. 1993. Cmlentlals &vallaMe Up~ ~ DELRAY BEACH EOARD MEMBER APPLICATION 1993 Please type or print the following information: 3. Legal Residence 4. Principal ]~us~ness Address: 5. Home Phone: City -- Middle Initial State Zip Code . State Zip Code Zip Code Business Phone~,27~,. 7.~ f;'; Fax: 6. What Board(s) are you interested in serving? 7. List all City Boards on which you are currently serving or have previously served: (Please include dates) 8. Educa~on, al qualifications: 9. Lisfan) related professional certifications an~ l" 'icenses which you hold: 10. Give 3'our present, or most recent employer, and position: I 1. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please atta~:h a brief resume) I hereby ce~i~ that all the aoove statements are true, and Z agree aaa unaersrand that any misstatement of material facts contained in this appfication may cause foWeiture upon my pa~ of any appointment I may receive. 3ECEIVED o 8 2ool S'iG~ATURE / v ~ ,~ DATE / CITY CLERK Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S CITYCLERK BOARD APPLICATION CITY OF DEI. RAY BLEACH BOARD MEMBER APPLICATION ;INT. { RECEIVED AU6 2 8 2000 CiTY CLERK EMPLOYMENT TANYA R. DOWELL, ACSR 4686 Cresthaven Boulevard #5 West palm Beach, FL 33415 (Home) 561-649-2631 (Work) 561-242-2219 Health Management Systems - West Palm Beach~ FL Administrative Assistant - January 2000 to Present Major accomplishments to include the streamlining of manual processes by evaluating existing processes/procedures and developing various computerized spreadsheet documents. Responsibilities are as follows: · Accounts Payable · Maintain and track Project Billing Invoicing · Update and maintain Managed Care Recovery Claims Tracking Database · Process all Client Managed Care Recovery Invoicing · Florida Office Benefits Point of Service Contact Person · Florida Office Compliance Point of Service Contact Person · Assist Vice President of Marketing · Assist Manager of Thc Decision Support Group as needed · Assist Field Consultants as needed · Maintain Time Off Schedule · Work on Special Projects as needed · Facihty Construction · Maintenance of computerized and non-computerized office equipment · Coordinate and oversee vendors relationships · Maintain and track budget for office supplies Patient Financial Ser~lces~ Intracoastal Health Systems - West Palm Beach, FL Administrative Assistant - December 1998 to December 1999 Report d~rectly to System Dxrector of Patient Financial Services as personal secretary, handhng various aspects of the PFS Adminis~'ation Office as follows: · Accounts payables · Check runs · Compile and maintain Daily Report Card production report · Prepare agenda for weekly PFS management team meeting · Order and maintain office supplies · Vendor Relations · Non computerized office equipment, i.e. phones, faxes ao.d copiers · Building issues, i.e. maintenance, parking and security · Special projects · Appointment scheduling · Filing · Miscellaneous typing · Provide clerical support to director and managers as needed Office of U.S. Congressman Alcee L. Hastings - West Palm Beach, FL Congressional Staff Assistant - August 1998 to December 1998 Reported directly to the District Representative. Major accomplishment development of automated forms on computers increasing production by 50%: · Worked on both Florida State Senator Mandy Dawsons and Commissioner Maude Lee- Ford's campaigns · Attended various engagements on behalf of Representative Hastings · Typed letters · Appointment scheduling · Maintained computer equipment · Ordered and maintained office supplies · included Handled constituents calls/concerns and relay to representative Hastings DC office Provided clerical support to congressional staff assistants Associated Business and Commerce Insurance Corporation - Boca Raton~ FL Underwriting Assistant - Workers' Compensation Ins. January 1995 to June 1997 Reported directly to the Underwriting Manager. · Accountable for reviewing, quoting and underwriting new business and renewal submissions · Data entry and maintenance on account files · Verified business experience rating modification with NCCI · Processed and issued endorsement changes · Responsible for sending termination and reinstatement notices before Florida State guidelines · Daily contact with NCCI, Florida Department of Insurance, agents and policyholders Atlanta Casualty Insurance Company - Atlanta~ GA Administrative Assistant - Actuarial Product Management August 1993 to January 1995 Reported directly to the VP of the actuarial deparhnent as administrative and personal secretary. · Electronic maintenance of private passenger state filing manuals on PC · Down loaded manuals for preparation of individual state filing · Provided clerical support to actuaries · Prepared weekly and monthly production reports · Maintained law library National Council On Workers' Compensation Insurance - Boca Raton~ FL Supervisor - Order Processing Department July 1989 to January 1992 Reported directly to Assistant Vice President of Quality Assurance. In charge ofhinng, Ixaining and evaluating the performance of employees in the Order Processing Department. Involved in all phases of quality customer service, order processing and Mailing lists systems. · Data entry of product orders · Developed and maintained mailing lists · Resolution of account discrepancies · Prepared monthly status reports · Appointed Team Leader of the Financial Information System Task Force. The FIS Task Force studied the order processing, accounting and mail center systems. It purpose was to develop more efficient ways of tracking £mancial information and getting publications out the door in a timely manner. · Appointed member of The Effectiveness Publication Process Cornnuttee EDUCATION Sinclair College - Dayton, OH - Major: Business Administration & Secretarial Sciences. ACSR Insurance Designation, 4-40 Commercial Lines Insurance License SKILLS AND STRENGTHS Windows 95, Windows 2000, MS Word, MS Excel, MS Access, Lotus 123 4.1, WordPerfect 6.1, Quattro Pro and Ami Pro Insurance Systems - Insurnet, Applied and FFVA Systems 3 FPOI.4 : GEF'-':,RI l FA:.: IICI. "- 56,1:_'6,60746, flu]. .="'? __:'00¢1_ 09:27AI'I F'i CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Ple~c iy~ ox ~.~Lm ~¢ follow~g Lr~orma'~on' 6. ~,S,'h~t Bo~'d(~) are you int~e~ed tn se~if~g? Ci.W ~ l~usiness Phone: Middlc lrtit~;; ' -? T.,st ail Ci~' Boards h~i~hich yJu are~urre,,tly ~ervlng or have pmvlously -fl. EdUcad%rd quelifiCations, .~.).. 1-~"-~i-~ e )om preset, or most r~ea=nt emgloye:, mhd position: . , '. / - / ! ~ De~riff~ experiences.. ;kills or knowledge wt~ich ~tuali~ you :o s~e on ~s boa~: ~lcasc ~h a ~;~fr..~ume~ ~ submitted h will be the &pplicam's responsibility ~ m~sure tha~ a eu~ent ~pUca~on is on file. ~~0~ ~r~[ l,'~ JUL 2 ? 2000 CITY CLERK 07/31/00 ION 12'11 Fa.~ S~ ~43 3??'4 C~"~' ~ ~ , ~o4.. ,,,,.M... ^,.Pu¢^'r,o. ix~f'Qrmat~on: y. L,~tir)y ndm'~ lm~l'~m,l~ cmru'Acm,i~ ~;~:~ I~r.~n~e~"wbich-yOu hold: I RECEIVED AUG 2 5 2000 CITY CLERK WILLIAM P. MILNER, JR. 3400 Place Vtflcncay. Delray Beach, Flonda 33,t45 P~one (561) 63%8896 Fax (561)63%5502 POSITION O~JECTIVE' Emplo)'mem Spec~ahst SUMMARY OF QUALIFICATIONS EXl~l le.~oJ m car~r coun~lmg, interviewing and job placement Ablllt) to as~ss and cval~te ~ng n~ of e~loye~ Skdl~ m ~d~ng pros~cnwe e~loy~s into ~s I~t nl~lldZc ~e~ hun~ ~tenti~ Formed ~c~h~pa x~ ~th a ~dc r~ge of commum~ or~zatto~ Es~bllsh~ relaoons~pt .~n~ ~ou~W-ba~ I~e~ h~ business. ~ucat~o~. clx ic ~d rch~ous oral.troths Working rclauon~ups ~,~ govcm~enl~ officials ~d u~l~mn~ l~ders Conffo~blc wi ih ~[~ of dlve~ ~ro~ ~om ~g B~o Io ~e Boar~m E~nen~d In Inle~el ba~ rc~h ~d PC apphcauort~ M~ag~ o~ce ~d ficld ~of ~5 ~ple m a f~-~ d~ne ~ven env, ronm~m Pro~el~ abfl~t)' to ra~rch, i~nU~, d~ument ~d uuhT~ x'al~bl~ I~al re~ Able to ~ua~c. orgam/e ~d m~ly follow ~ough on projec~ H,ghl~ moux aled. ach,exc, ment ofi6nl~ le~ player COM~LrNICATION SKILLS Exp~nenccd pubh~ speaker skallcd and s~nsldve lo all types ofaudmenc~s Skilled m~d creau~c water. ~ath experience ~n devclopi~tg effec0x'e a_nd ~xe ~n~l cot~ttons Prepar~ press rcl~s nc~,~a~r amcles ~d ap~ m ~&o and [e]ex2sloll pi~ to publicize pro~s Comm~cnuon s~ls m Spam~ ~e~' h~l~ ~mm~ Dcvclop~ u~ul~z-medl,t pre~'ll~tlo~. ~1o~[ ~d ~ctmg ~tc~ls EDUCATION/TRAINING B.A. Interdi.,~iplina~ Social Science. 1983, University of South Florida. Tampa. FL Course work mcl,clext Black Pohueal Thought $oc.~log~ ^n0xropolog~. Economics. Women's Studies. Histor). Race a~d £thn~c Relauona. NaOvc Anlenc. m~ ( uhures. Ptulosoph.x and Logic. Pohucal Science, Comparauve European Stucbes. Ps'ychology, Urban Sluches H,man I~gt, a. Conflict Theors and Business Law Relotation As~intance Program Manager Training. Hays Group at WiUigen, Germany Relevam Course work Mad, enng. Pubhc Relanon.- P,ibh¢ Speaking. Advertising. Orgamzauon,xl l~havior. Psy. eholog~cal Asi:~cts of Relocauo, MILITARY SERVICE: U S NauT. 197~-1977. ]-Ionorable D~scharge COlVlMUNFFY S£RVIC£ Delra.~ Beach. ltl I ;,lunte,.~ EPOCR (Expanding ~nd Preserving Our Cultural Heritage). Assisie~ in the implememat~on of x anou~ commmuty events m support of the S D. Spady Black His~ov,.' Museum Giessen, Germany ¢)r~nnlzer OTgattlZ~Xl ]~"tures for Dr. Peter Rosset. Execuuxc D~r~rlor of The Institute for Food and Polk) De,elopment. ~asmng al C}leSS~tll Unrsers~tT Zaraeoza Air Base. Spare H/,wl ,i'pecta/Emtnha~tr Prograrn3l'anager ~gamz~ mid ~cur~ fimds for a ~,~dc varic~) of acl~nt~es for ChUte ba~c comm~m~ty including n~~l d~er ~dJ~ ~ncens film ~ncs. ~h~tcr ~nm~. e~/a~ conlesls :ax olx iRg ~dcnts from the I~ ~lme as well ~ ~e nult~ commum~ CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 Please type or print the following information: 3. Legal Residence 4. Principal Business Address: Name //~ #) / c7 . City ~..._....~. Business Phone: ( ) State State Middle Initial Zip Code Zip Code 7. List all City Boards on which you are currently serving or have previously served: (Please include dates) Educational qualifica~ 9. List an)' related profession! ce. rtifi~dons ~d lic~ses which you ho~: ~ / / / . c. c. 10. Give your present, or mos~ r~ent em~er, a~ition: U ~ x 11. Describe experiences, skills~r knowledge wJ~ich gqalify you to secve on th~ boar~a~ (Ptease attach a brief resume) I hereby certify that all the above statements are true, and I agree and understand that any m/sstatement of mater/a/facts conta/ned /n th/s app/icat/on may cause forfe/ture upon my part SIGNATURE ~/ DATE Note: This application will remain on file in the City Clerk's Office for a period of 2 years fi.om the date it was submitted. It will be the applicant's rpsl~l~il~Ee~)ure that a current application is on file. S%CITY~BOARD V~PPLI C AT1 ON FEB 0 9 2000 CITY CLERK City of Delray Beach City Clerk's Office OMEMORANDUM TO: Alison MacGregor Harty City Clerk FROM: r~ Patricia Warren Executive Assistant/Board Liaison SUBJECT: DATE: EDUCATION BOARD February 13, 2001 Attached is a letter from Commissioner Archer (Seat #2), with her recommendation for appointment to the Education Board. Please schedule this for City Commission meeting on February 20, 2001. Also, with the automatic resignation of Eugene K. Herring, a vacancy has been created to fill his unexpired term ending July 31, 2002. After speaking with Commissioner Schwartz (Seat #3), he will be ready to make this appointment at the same meeting. The following have applied for this position: Diane Richard-Allerdyce Saralyn L. Buzen Tanya R. Dowell Gerald P. Franciosa William P. Milner, Jr. Mimi Shapiro [lTV I]F DELRI:IV BEI:I[H DELRA~ BEACH Ail-America City February 7, 2001 100 N ',~, ~$' ~v'ENLJ[ DFLRA, BEACI--, ~-_O=:D4 Mayor David Schmidt Alison MacGregor Harty, City Clerk City of Delray Beach 100 N.W. 1 s, Avenue Delray Beach, Florida 33444 Dear Mayor and City Clerk: Since I will be out of the country during the City Commission Meeting scheduled for February 20, 2001, I am forwarding this letter with my recommendation and nomination for an appointment to the Education Board. I recommend the appointment of William H. Heller, to fill the unexpired term ending July 31, 2002 as he has expressed the desire to serve. Originally at the February 6, 2001 City Commission Meeting I appointed Nancy Brito. Unfortunately she requested that her name be removed just prior to the meeting. My purpose in forwarding this nomination in writing during my absence is to avoid a lapse in membership and participation on the Education Board due to postponement on my behalf. Would you please read this letter into the Commission record, and if the Commissioners so desire, accept my nomination and proceed accordingly. Sincerely, Patricia Langley Archer Vice Mayor cc: David Harden, City Manager U RANGEL/ARCHER Education Board Appointment T-E E.'-:' :-- City of Delray Beach City Clerk's Office OMEMORANDUM SUBJECT: DATE: David T. Harden, City Manager Patricia Warren, Executive Assistant/Board Liaison Education Board February 8, 2001 After review and confirming attendance records for the above with Janet Meeks, City Representative of the Education Board, it is noted that Eugene K. Herring missed three (3) consecutive regular meetings. Please advise if I need to prepare a letter of notification for automatic removal. MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~t~b~ AGENDA ITEM q-J~ - REGULAR MEETING OF FEBRUARY 20, 2001 RELOCATION OF THE REGULAR COMMISSION MEETING OF DATE: MARCH 6, 2001 FEBRUARY 14, 2001 The Citrix Tournament will be held at the Tennis Stadium from Saturday, March 3~d through Sunday, March 11, 2001. Dunng that rune matches are scheduled on Tuesday, March 6, 2001 from S:00 pm until 11:00 pm. Since city parking is limited during the event, especmlly around City Hall, it is recommended that the Commission Meeting be relocated. Recommend relocation of the Regular Commission Meeting of March 6, 2001. RefiAgrnemo.RelocateMeeting Citrix Tennis Championships Page 1 of 1 Solomon, Amanda From: Ivan Baron [ibaron@citfixtennis.com] Sent: Wednesday, February 14, 2001 11:30 AM To: Allen(~ci.delray-beach.fl.us; jbutler~citdxtennis.com Subject: Citrix Tennis Championships Good morning Amanda, No problem on the 5th regarding the meeting at 5:30 PM. Will they have anything on them (pass) that shows they are coming to the meeting? Please let me know so I will advise the parking co. Regarding the 6th. What time is the meeting scheduled for and approx, how many people will attend (amount of cars) That will be our busiest weeknight match so I want to accommodate you and just make sure our parking co. knows. Will they have some sort of pass for this meeting as well? Thanks! Ivall On March 6th, > > > > Please > > Thanks > > Amanda we have a City Commission Meeting scheduled. Mr. Harden would like to know what are chances are of having the whole North City Hall Parking lot for this meeting. get back to me as soon as possible. 2/14/01 TO: FROM: SUB J: CITY OF DELRAY BE~ DELRAY BEACH 1993 Copies t~ Bob Barcinski Lula Butler Paul Dorling Ned Gusty Dick Hasko Alison MacGrcgor Harty Chief Overman Susan Ruby Joe Safford Joe Wcldon City Commission ADMINISTRATIVE SERVICES From: City Manager 'I MEMORANDUM TO: FROM: SUBJECT: DATE: All Department Heads ~obert A. Barcinski, Assistant City Managers City Meetings Scheduled during Citrix Tennis Tournament February 9, 2001 The Citrix Tennis tournament will be held March 3rd thru March 11th this year. Attached you will find a copy of the tournament schedule. Since city parking is limited during the event, you may want to reschedule or move any meetings scheduled in City Hall during this timeframe. If you have any questions, please do not hesitate to call me at 7011. Attachment File:allen/events Doc:Citrix-City Meetings Feb 9, 2001 Important Tournament Ho rs, 2001 (revised - 12/7/00) Date Saturday, 3/3 Sunday, 3/4 Monday, 3/5 Tuesday, 3/6 Wednesday, 3/7 Thursday,' 3/8 Friday, 3/9 Saturday, 3/10 Sunday, 3/11 Sess. A B 1 2 3 4 5 6 7 8 9 10 11 Gates Open 9:00 AM 9:00 AM 4:00 PM 4:00 PM 11:00 AM 4:00 P~ 11:00 AM 4:00 11:00 AM 4:00 PI~ 10:30 AM 6:00 P~ 12:00 PM Matches Begin 10:00 AM 10:00 AM 5:00 PM 5:00 PM 12:00 PM 5:00 PM I 12:00 PM 5:00 PM 12:00 PM 5:00 PM 12:00 PM 7:00 PM 2:00 PM Matches End (Approx) 6:00 PM 6:00 PM 11:00 PM 11:00 PM 4:00 PM 11:00 PM 4:00 PM 11:00 PM 4:00 PM 11:00 PM 4:00 PM 11:00 PM 7:00 PM MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~. - REGULAR MEETING OF FEBRUARY 20, 2001 DATE: AWARD OF BID TO C.K. LOCKSHOP & SECURITY (SECOND LOW FEBRUARY 16, 2001 This is before City Commission for authorization to award to second low bidder, C.K. Lockshop & Security for the upgrade of video security and electronic control systems for the Police Department for a total cost of $34,980.00 Staff is recommending award to second low bidder as they feel C.K. Lockshop have the best understanding of the requirements, and are better able to successfully complete the job in a timely manner. During their review with our staff of the requirements and concerns with the current system, they had a better understanding of our needs, concerns and requirements. We also have an established relationship with C.K. Lockshop and staff feels they are more than capable of successfully completing the project. Funding is available from 334-6112-519-63.22 (General Construction Fund). recommended. Approval is RefiAgmemol4. C.K Lockshop 2-20-01 PURCHASING DIVISION MEMORANDUM TO: FROM: THROUGH: DATE: SUBJECT: David T. Harden, City Manager Jennifer Schillace, Buyer Joseph ~nce Director February 15, 2001 DOCUMENTATION CITY COMMISSION MEETING, FEBRUARY 20, 2001 UPGRADE OF VIDEO SECURITY AND ELECTRONIC CONTROL SYSTEMS FOR THE POLICE DEPARTMENT ITEM BEFORE COMMISSION: The City Commission is requested to approve award to C.K.'s Lockshop & Security for the upgrade of video security and electronic control systems for the Delray Beach Police Department for a total cost of $34,980. BACKGROUND: The Police Department is in need of upgrading the video security and electronic control systems for the Delray Beach Police Department. At this time, the Police Department is unable to open the jail doors, sally port garage doors, and communicate at the numerous call stations throughout the building from dispatch. Officers currently have to escort prisoners into the building then access the jail from the hallway with a key and this presents a safety issue. The Administrative Services Director recommends award to C.K. Locks & Security for a total amount of $34,980. Three quotes were received, however, C.K. Locks & Security was not the Iow bidder. Because of the short amount of time available to the Police Department in which to install this equipment, Director Junghans recommends C.K. Locks & Security because they have an established relationship with them, they will complete the job in a timely manner and they are capable of successfully completing the project. RECOMMENDATIONS: The Purchasing staff and the Administrative Services Director at the Delray Beach Police Department recommends award to C.K.'s Locks & Security for a total amount of $34,980.00. Funding source for this purchase was unavailable from the Administrative Services Director on the date this memo was written. Attachments re~cto cc: Jacklyn Rooney, Purchasing Supervisor David Junghans, Administrative Services r (561) 243-7888 Fax (561) 243-7816 1993 MEMORANDUM TO: FROM: Jennifer Schillace~ Buyer David JunghahsX~_ Administrative Serv'l~ts Director DATE: February 13, 2001 SUBJECT: VENDOR SELECTION This memorandum is in reference to the vendor selection for the upgrade of the video security and electronic control systems for both the electdc door release and communications. The Department is recommending the project be awarded to C. K. Locks and Security Company. While C. K. Locks is not the lowest quote, we feel that they have the best understanding of our requirements, and are better able to successfully complete the job in a timely manner. Dudng their review of the Department's requirements, and our concems with the current system, they had a better understanding of our needs, concerns, and requirements. Since this is a time sensitive project, C. K. Locks is the only one of the three vendors that has indicated the amount of time they will require to complete the job. They have told us that once the job is awarded, it will take a week for the material to arrive and ten working days for the new system to be installed. The other two companies did not give us a completion timeframe. Our history with C. K. Locks tells us that they are more than capable of successfully completing the project. /DJ CC: Captain Ralph J. Philips, Police Department 199~; TO City Manager David T. Harde~ ,,~j/ THRU' Chief Richard G. Overman I// FROM' Captain Ralph J. Phillips, Jr. Director Support Services - _ DATE December 6, 2000 SUBJECT: AUTOMATED DOOR AND VIDEO REPLACEMENT During the temporary move of our Communications Section into the Training Room, Florida Door Control advised the mechanical parts of our automated door and video control system are so obsolete that replacement parts are no longer available. The company had serious doubts the system would even work after a second move back into the renovated center. There were also components that were not working prior to the move that would have to be replaced regardless. Subsequent to this discussion, during the beginning of the Center's refurbishing, a bundle of wires were cut and dropped through the concrete floor. It was later determined these wires were for the automated door and video system. We have now lost our ability to open the jail doors; sally port garage doors, and communicate at the numerous call stations throughout the building from dispatch Officers currently have to escort prisoners into the building then access the jail from the hallway with a key This presents not only logistical, but also safety issues to those involved. Florida Door Control indicated to retrieve the cut wires, identify the pairs for splicing, and reroute the wires from the floor to the ceiling would take approximately a week's worth of labor. We would still be faced with the obsolete equipment problem. At this point I believe we do not have many options but to replace the entire system. The scenario is supported by City Construction Manager Victor Majtenyi, who recommends we move quickly while the Center is unoccupied. After consulting with Mr. Majtenyi police staff is of the opinion that if approved, the installation should be done by a vendor other than Coral-Tech the general contractor working on the Communications Center. We also asked Mr. Majtenyi to supervise the coordination between the two (2) contractors and he has agreed At your discretion the money needed to fund this project could come from the Radio Project Fund utilizing monies saved from Verizon building our tower. We are compiling project pricing estimates at this time and will forward them to you upon receipt. vis CC2 Administrative Director D. Junghans Communications Manager K. Hartmann Construction Manager V. Majtenyi Randall Krejcarek 02/1.3/01 13:02 FAX 56l 24.3 7816 01/24/2001 13: 0] 56 ~ -~37'! ~47 DELRAY BEACH POLICE DEPT CK' S LOCKSHO~ [~OOl P~GE 01 C.K.'S LOCKSHOP & SECURITY 30~ SE,. 4TN STREET BOSTON BEN3d. R.ORIDA 3343S 56~,286-tt01 OR 561-732-9418 flax $61-737-1347 ES TiMA TE Payment Detail~ ~ NET 30 1/24/2001 ~_~ No. DAVE Y. 1 SUPPLY & IN.STALL It SYSTEM IN JAIL, 'EXTERIOR CAMERA REPAIR 3 CAMERAS "IF ~RAS 4,9, & PARTS NEEDED FOR APPROVAL' Cred~ Card O e~w.n.'l~i0n "~ unRPH'~e TOTAL INTERCOM SYSTEM, ALARM ~,980.~ ~,9~,~- ~ ~STEM, REL~ATE ,, & TROU~SH~T ~O 10 C~T BE REP~RED THE ~ BE ~I~D ~D SUlliED T~ ?L . ~.o0 O O office u~e Onty ~ JOB APPROVAL- lll~ II I$, ,~ I I I I [. _ I -IIIIIIII STATE ELECTRICAL LICENSE # EPA 000701 ff IS UNLAVtlFUL TO PERFORM THIS INSTALI..A TION WITHOUT AN ELECTRICAL UCENSEI!I The Good Life 301 N.E. Second Ave Delray Beach, FL 33444 Phone 561-278-5220 Fax 561-278-5226 Email JMYERS~)~,OL.COM Delray Beach Police Dept. 300 W. Atlantic Ave. Delray Beach, FL 33444 561-243-7852 FURNISH AND INSTALL THE FOLLOWING 1 Sony WCS-999 camcorder microphone 159.50 6 Panasonic PA-VVVBP334 camera (12V) 966.00 2 Panasonic CT-27D10 television 800.00 2 Aiphone 24 channel intercom system (AJ-NEM20C) 2409.95 3 Panasonic PA-WJFS616 16CH multiplexer 8411.50 15 Aiphone AJ-NA-NE sub-stations 1875.00 2 Aiphone AJ-PS-24C power supply 229.00 cable and hardware 250.00 installation 1600.00 TOTAL 16700.95 NOTE: 50% DEPOSIT REQUIRED UPON ACCEPTANCE OF PROPOSAL, 25% DUE UPON COMPLETION OF PREWIRE, AND BALANCE DUE UPON FINAL INSTALLATION AND TEST. (SIGN AND RETURN ONE COPY WITH DEPOSIT) THIS PROPOSAL MAY BE WITHDRAWN IF NOT ACCEPTED WITHIN 30 DAYS. AUTHORIZED SIGNATURE: DATE: ACCEPTANCE OF PROPOSAL:THE ABOVE PRICES, SPECIFICATIONS AND CONDITIONS ARE SATISFACTORY AND ARE HEREBY ACCEPTED. YOU ARE AUTHORIZED TO DO THE WORK AS SPECIFIED. PAYMENT WILL BE MADE AS OUTLINED ABOVE. DATE OF ACCEPTANCE: SIGNATURE: PROPOSAL 1~002 ROPOSAL SUBMll TEb Delray,, Beach Police Dept. ~TREET 300 W. Atlantic Avenue Delray Beach, FI. 33444-3695 Katie J, Hartmann Florida Door Control of Orlando, Inc. 658-2 Washburn Road MELBOURNE, FLORIDA 32934 FL WATS 1-800-32'1-6487.. FAX (407)259~8725 Melbourne (407) 254-8011,259-2098 CBC 057943 EF# 0001068 PLANS ..... ~HONE 561-243-7857 JOBNAME ' CCTV LOCATION Same DB9867 -21-00 JOB PHON~- I Same We Propose hereby to furnish material and labor-- complete in accerdalqce w'r[h specifications below, for the sum of: Eighteen Thousand Two Hundred and Twenty Four. D. oilers $18,224.00 ~ayment to be made as follows: One Third Deposit, Net Due Upon Substantial Completion , ~Nlng extra costa will be exacted only upon wdtter~ orders and v~'ll become an extra ~har~e over end above tho ~'~%imate./N{~raementa confirms, upon alrlkea, accidents r delay~ beyond our control Ovwer ~o carry fire, tornado and other neces~ary Insurance Our workem are fully cov.~i~y Workers Compensation Inau~nce. Jo,e: This proposal may be withdrawn by ~'//~' David Harpold ,s if not accepted within 45 days. $ign~'~'~"~"-"~'~Durvvood Brown We hereby submit specifications and estimates for: 16 EA Philips Color Camera w/Auto Ids 3.5mm to 8mm Varifocal Lens with Digitally Processed Video Image Quality 2 EA Philips 16 Channel Video Multiplexer Featuring Live Quad, Custom Sequencing, Multiscreen Display along with 2X Zoom and Full Screen Individual Sequencing Modes in Color 2 EA Philips Twenty Inch Color Video Monitor 2 EA Philips Nine Inch Color Video Monitor 1 EA Coaxial Cable and Wire to Accommodate System 16 EA Universal Wall/Ceiling Mount for Indoor Camera ONE YEAR 100% WARRANTY-EQUIPMENT, LABOR~ MATERIALS, INSTALLATION, y bthers: Sufficient Lighting for Acceptable Video Signal and Rack Mounts for Monitors NOTE: The above price includes cost of installation as well as applicable taxes and freight charges. FDC has .not included for permits, electrical, conduits as required. :ceptance of Proposal- The above prices, specification and conditions are satisfactory and are hereby accepted. are Authorized to do the work as specified. Payment will be made as outlined above. e of Accepbance; . , Signature: O~:~g FAX PROPOSAL Florida Door Control of Orlando, Inc. [~005 PROPOSAL. SUBMIVrED TO ....... Delray Beach Police ST~P..ET 300 West Atlantic Avenue Delray Beach, FL 33~4-3686 ~ ENTION: ' 658-2 Washburn Road MELBOURNE, FLORIDA 32934 FL WATS 1-800-321-6487. FAX (407)259-8725 Melbourne (407) 254-8011,259-2098 CBC 057943 Er# 0001068 ]DATE (56_1! 243-78571 November 17, 2000 JOB NAME Intercom system replacement - --- J~l~ LOCATION Same I DATE OF PLANS -" [JOB PI~'NE Katie Hartmann .... ... El 9864 I Same We Propose hereby to turniah material and labor- complete in accordance with specifications below, for the sum et Twenty Thousand One Hundred Fifty Tw, o. , ..... $20,152 _., =ayment to be made as follows: Net Thirty Days . ,, ' involving extra costs will be executed only upoa written ordera and vail become a. extra che~ge ewr and a~x:w the esllmate, Agreements contingent upon strikes, accidents r d,elays, b, eyond our contr.ol. Owner Io cam/. fire, t,3rnado and olher necessary II~tiraaoe, Our w~rkm~ are fuJ_ly oo~md by Workem Coml~-ation Insurance. Dr~: mis proposal may be wTthdrawn by k,._~"~ i~, ~ us if not accepted within 45 days. Signature ~ ~'~--- -- ~ David Harpoid We hereby submit specifications and estimates for: , 1 EA 96010 Stento Rack Mount Master 1 EA C20009t2-00 sub station to talk to master 1 EA 96020 Stento rack mount master 2 EA 1'111 Stento power supply 1 EA 96760 Stento MMU 2 EA 96590 Stento relay control board 6 EA 96570 Stento punch blocks 6 EA 96580 Stento cable connectors 12 EA 9621 Stento standard 2 gang sub 8 EA Stento Weather resistant tamper 9621WR By Others: None NOTE: The above price includes cost of installation as well freight charges. FDC has not included cost of permits. Acceptance of Proposal. The above prices, specification and conditions are satisfactory and are hereby accepted, You are Authorized to do the work as specified. Payment will be made as outlined above. Date of Acceptance: ...... Signature: , AGENDA ITEM NUMBER: Request to be placed on: Consent Agenda When: February 20, 2001 Description of agenda item: AGENDA REQUEST __ Special Agenda Date: February 15, 2001 __ Workshop Agenda City Commission is requested to approve award to C.K.'s Lockshop & Security for the upgrade of video security and electronic control systems for the Delray Beach Pohce Department for a total cost of $34,980. ORDINANCE/RESOLUTION REQUIRED YES Draft Attached: YES NO NO Recommendation: The Administrative Services Director at the Police Department and the Purchasing staff recommend award to C.K.'s Lockshop & Security for the upgrade of video security and electronic control systems for the Delray Beach Pohce Department for a total cost of $34,980. Funding for this purchase w~ll be taken from account number '.5'-~- /o~ t'Z. - ~') ~ b'~ .'~-.-z.- Department Head Sig na~~--~t-~,.~_~ .~~ Determination of Consistency~' Comprehen'--~iv~e ;la'n: ~. City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items.involving expenditure of funds): Funding available: Yes ~-~ No Funding alternatives: (if apphcable) Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda: Hold Unbh No Agenda Coordinator Review: Received: Action: Approved Disapproved P.O. NUMBER: MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~'~ AGENDA ITEM ~:~. - REGULAR MEETING OF FEBRUARY 20, 2001 APPOINTMENT TO THE TENNIS FACILITIES TASK TEAM FEBRUARY 15,2001 At the January 16th regular meeting, the City Commission adopted Resolution No. 3-01 establishing the Tennis Facilities Task Team. The purpose of the task team is to advise and make recommendations on various matters associated with the City's Tennis Center, the Tennis Stadium, and the Delray Swim & Tennis Club. Per Resolution No. 3-01, the task team consists of ten (10) members. The Commission is being asked now to amend Resolution No. 3-01 and increase membership to eleven (11) members. The Chamber of Commerce is recommending Thomas E. Lynch as a representative of the Business Community. Recommend approval of an amendment to Resolution No. 3-01 to increase membership on the Tennis Facilities Task Team and to accept the Chambers recommendation of Thomas E. Lynch. Ref. Agmemo 14 Tennis Facilities Task Team 2-20-01 02/20/01 TUE lfi 29 FAX 561 278 4755 DEL BCIt CTY ATTY [ITY OF [IELRI:IY BEI:I[H L~. Ou~ CITY ATTORNEY'S OFFICE DELRAY BEACH 993 DATE: TO. February20,2001 FROM: SUBJECT: 200 NW 1st AVENUE - DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 - FACSIMILE 561/278-4755 Wntet's D~mct Line (561) 243-7090 MEMORANDUM City Commission Jay T. Jambeck, Assistant City Attome~ Sull!van v.. City of Delray Beach The above-referenced case arose from an accident revolving a former police officer and Mr. Sullivan Mr. Sullivan's wife is also alleging a loss of consortium claim. Trial is set to begin in tlus case tomorrow morning. The City has received an offer to settle the above-referenced lawsuit in the amount of $80,000. By copy of this memorandum to the City Manager, our office would request that this item be placed on the agenda for the February 20, 2000 City Commission meeting. CC: David T. Harden, City Manager Alison MacGregor Harry, City Clerk MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ffc~ AGENDA ITEM /0.~. REGULAR MEETING OF FEBRUARY 20, 2001 ORDINANCE NO. 6-01 (MODIFYING THE ONE TIME ONE SPACE PARKING REDUCTION IN THE CBD, CBD-RC AND OSSHAD DISTRICTS FEBRUARY 14, 2001 This is second reading and the second public hearing for Ordinance No. 6-01 that would modify the one time one space parking reduction provision in the Central Business District, the Central Business District-Railroad Corridor, and the Old School Square Historic Arts District. Ordinance No. 6-01 was drafted in response to Commission direction at the January 9~' workshop, where it was the Commission's consensus mot to support the complete elimination of the one time one space parlring reduction. It was felt that eliminating this provision could have an adverse mapact on smaller, "Mom & Pop" type operations that might want to locate in the CBD or the OSSHAD districts. After some discussion, a compromise was suggested that would allow for a one space parking exemption in those instances where either new development, expansion of an existing use or a change in use resulted in the requirement of only one new parking space. If more than one parking space was required, no exemption would be allowed and the parking would have to be provided in order for the development to occur. Ordinance No. 6-01 was presented to the Commission for review on January 16, 2001. It was the consensus that the ordinance accurately reflected the Commission's intent, and direction was given to proceed with the required advertising. At first reading on February 62, the City Commission passed the ordinance by a tmarfimous vote. Recommend approval of Ordinance No. 6-01 on second and final reading. RefiAgmemol 4.Ord6-01.Modified One Tmae One Space Reduction Pkg.Reduction 2nd Reading ORDINANCE NO. 6-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(G), "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", · SUBSECTION 4.4.24(G), "SUPPLEMENTAL DISTRICT REGULATIONS", AND SECTION 4.4.28, "CENTRAL BUSINESS DISTRICT-RAILROAD CORRIDOR (CBD-RC)", SUBSECTION 4.4.28(G), "SUPPLEMENTAL DISTRICT REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY MODIFYING THE ONE TIME ONE SPACE PARKING REDUCTION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, on August 22, 2000, the Parking Management Advisory Board recommended that the Land Development Regulations of the City of Delray Beach be amended by eliminating the provision for a one time reduction of one parking space in the CBD, CBD-RC and OSSHAD zoning districts; and WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on November 20, 2000, at which meeting a motion was made to deny the proposed amendment to eliminate the one time one space parking reduction, and said motion failed on a vote of 3 to 3; and WHEREAS, the City Commission of the City of Delray Beach finds that the proposed amendment is consistent with and furthers the goals, objectives and policie~ of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, "Zoning Regulations", Section 4.4.13, "Central Business (CBD) District", Subsection 4.4.13(G), "Supplemental District Regulations", Subparagraph 4.4.13(G)(1), "Parking", of the Land Development Regulations of the City of Delray Beach, be and the same is hereby amended to read as follows: Section 4.4.13 Central Business (CBD) District (G) Supplemental District Regulations: In addition to the supplemental district regulations as set forth in Article 4.6, except as modified below, the following shall also apply. (1) Parking: (a) Within that portion of the CBD bounded by Swinton Avenue on the west, N.E. 1 st Street on the north, the Intracoastal Waterway on the east, and S.E. 1 st Street on the south, parking requirements shall apply to new floor area only. Changes in use (both residential and non-residential) shall not be required to provide on-site parking. The parking required for the creation of new non-residential floor area shall be at the rate of one space for each 300 square feet, or fraction thereof, of floor area in addition to the replacement of any previously required parking which may be eliminated. Within all other geographic areas of the CBD Zone District, the provisions of Section 4.6.9(C) shall apply, as further modified within this subsection (G)(1). (b) (c) A C*~. T ....... ~ ~on, wWhen the parking requirements are applied to either new development, expansion of an existing use or a change in use which results in the requirement of only one new parking space, a one space exemption shall be allowed, sai~ par!ring requirement: :ha!! be reduced by erie pro-!ting :pace. This ~xemption may only occur once per prope~v. .'~ If it is impossible or inappropriate to provide required parking on- site or off-site, pursuant to Subsection 4.6.9(E)(4), the in-lieu fee option provided in Section 4.6.9(E)(3) may be applied. (d) The parking requirement for restaurants is established at six (6) spaces per 1,000 square feet of floor area. (e) The parking requirements for residential units in multi-family structures and mixed use buildings shall be as follows: · Efficiency dwelling unit · One bedroom dwelling unit 1.0 space/unit 1.25 spaces/unit 2 Ord. No. 6-01 Two or more bedroom dwelling unit Guest parking shall be provided cumulatively as follows: 1.75 spaces/unit -for the first 20 units -for units 21-50 -for units 51 and above 0.50 spaces/unit 0.30 spaces/unit 0.20 spaces/unit Section 2. That Chapter Four, "Zoning Regulations", Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection 4.4.24(G), "Supplemental District Regulations", Subparagraph 4.4.24(G)(6), of the Land Development Regulations of the City of Delray Beach, be and the same is hereby amended to read as follows: Section 4.4.24 Old School Square Historic Arts District (OSSHAD) (G) Supplemental District Regulations: Supplemental district regulations as set forth in Article 4.6, except as modified herein, apply: (6) ^ n~- Ja.'ma:T I, ' no~ wWhen the parking requirements of Section 4.6.9(C) are applied to either new development, expansion of an existing use or a change in use, which results in the requirement of only one new parking space, a one space exemption shall be ~ This ~ exemption may only occur once per property. Section 3. That Chapter Four, "Zoning Regulations", Section 4.4.28, "Central Business District-Railroad Corridor (CBDoRC)", Subsection 4.4.28(G), "Supplemental District Regulations", Subparagraph 4.4.28(G)(1), of the Land Development Regulations of the City of Delray Beach, be and the same is hereby amended to read as follows: Section 4.4.28 Central Business District-Railroad Corridor (CBD-RC) (G) Supplemental District Regulations: In addition to the supplemental districf regulations as sci forth in Article 4.6, the following shall apply: (1) When the parking requirements of Section 4.6.9(E)(4) are applied to either new development, expansion of an existing use or a change in use, which results in the requirement of only one new parking space, a one space exemption shall be allowed, aaid ~ exemption may only occur once per property. 3 Ord. No. 6-01 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 all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. on this the PASSED AND ADOPTED in regular session on second and final reading day of ,2001. ATTEST: MAYOR City Clerk First Reading Second Reading 4 Ord. No. 6-01 MEMORANDUM' TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM/0. ~. - REGULAR MEETING OF FEBRUARY 20, 2001 DATE: ORDINANCE NO. 15-01 (DESIGNATING THE WATER HOUSE TO THE LOCAL REGISTER OF HISTORIC PLACES) FEBRUARY 15, 2001 This is second reading and a public hearing for Ordinance No. 15-01, which designates the Water House as a local historic site to be listed in the Local Register of Historic Places. The Water House is located at 916-918 NE 5th Street on property described as the West 84.82 feet of Lot 37, Las Palmas, Delray Beach, Florida, recorded in Plat Book 10 at Page 68 of the Public Records of Palm Beach County. Water House was constructed in the resort cottage style, which emerged in the City during the 1930's. The cottage style differs from the easily identified bungalow, vernacular or resort colonial in the rooflines are generally lower pitched than in the bungalow, windows are more abundant than those found in the vernacular, and the front entrances lack the classical detailing of the resort colonial or minimal traditional styles. Many of these cottages were built near to the ocean and the Intracoastal Water, however, few remain with as many of the original features intact as those found at Water House. The Historic Preservation Board considered the historic designation at a public hearing on January 1,7, 2001, and voted unanimously to recommend approval. At first reading on February 6, 2001, the City Commission passed Ordinance No. 15-01 by unanimous vote. Recommend approval of Ordinance No. 15-01 on second and final reading. Ref:Agmemo ! 4.Historic Designation/Water House 2-20-01 MEMORANDUM TO: ' Lula Butler, Community Improvement Director [ t'r-o ! FROM: Richard Bauer, Code Enforcement Administrator~'~' C'/;, ) ~ '~'~"7 FROM: Tom Meeteer, Code Enforcement Supervisor"~-f/*'~( ~' f';z'v.4,.,~,~,,. SUBJECT: CODE VIOLATIONS AT 916 & 918 NE 5TM STREET DATE: February 12, 2001 At your request I have researched code enforcement files for any violations at 916 and 918 NE 5th Street. It appears that 916 and 918 are a main residence and a guest cottage, no City or county records list a 916 NE 5th Street. Hence, any violations listed below pertain to both addresses as a whole. The property was cited as follows: 1992 · 1992 · 1993 · 1994 · 1996 · 1999 · 1999 A violation was issued for miscellaneous junk items in yard. Items removed by owner. A violation was issued for an abandoned vehicle. The vehicle was removed by owner. A violation was issued for rotted siding, rafter tails, unsafe sidewalk and unsecured fence. All items listed were repaired. A violation was issued for no sod and exterior building walls in need of paint. Owner took care of items listed. An Animal Control complaint involving a stray dog was received. The complaint was resolved. A violation was issued for an unscreened boat and trailer. Compliance was achieved. A violation was issued for an oil spill from an automobile. Compliance was achieved. This is a complete list of all code enforcement activity at the location requested, as you can see all violations achieved compliance and no fines or liens are outstanding. TM:mh ORDINANCE NO. 15-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DRI.RAY BEACH, FLORIDA, DESIGNATING THE WATER HOUSE LOCATED AT 916 AND 918 NORTHEAST 5TM STREET, ;AS MORE PARTICUI2dlLY DESCRIBED HEREIN, ;AS ;A LOCAL HISTORIC SITE TO BE LISTED IN THE LOCAL REGISTER OF HISTORIC PLACES; 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 Water House located at 916 and 918 Northeast 5~ Street; and WHEREAS, the Historic Preservation Board held a duly noticed public heating in regard to the historic designation on January 17, 2001, and voted unanimously to recommend that the Water House be designated a local historic site; and WHEREAS, the City Commission of the City of Delray Beach has conducted a duly noticed public heating in regard to the designation of the Water House as a local historic site. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ;AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby designated as a local historic site m accordance with and under the provisions of Section 4.5.1 of the Land Development Regulations of the City of Dekay Beach, to-wit: THE WATER HOUSE, located at 916 and 918 Northeast 5~ Street, Delray Beach, Florida, more particularly described as follows: The West 84.82 feet of Lot 37, Las Palmas, Delray Beach, Florida, according to the Plat thereof recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 10 at Page 68. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 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 dec. lared to be invalid. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in rega~l~r session on second and final reading on this the day of ~ 2001. ATTEST: MAYOR City Clerk First Reading Second Reading 2 Ord. No. 15-01 rlT¥ nF nELIIli¥ B~,,~~~ Community Development Division MEMORANDUM TO: FROM: THRU: DATE: SUBJECT: David T. Harden, City Manager Kenneth L. Thomas, Community Development Administrator Lula Butler, Community Improvement Director ~ February 14, 2001 Sale of Lot 10, Atlantic Gardens - 237 SW 11th Avenue ITEM BEFORE THE COMMISSION City Commission authorization and approval to sell the above referenced property to Adam L. and Mary Brown Robinson. BACKGROUND As part of the City's Renaissance Program to provide affordable housing, the City bided for the purchasing of the subject property that was solicited by the Delray Beach Public Housing Authority as part of their "Request for Proposal" during the month of September. Subsequently, the bid was awarded to the City's Renaissance Program for $40,000. The single-family home was then rehabilitated at a cost of $17,907.75. Cedonia Brown who sold her vacant lot to the Community Child Care Center in the amount of $17,239.65, placed the sale proceeds in escrow with the City to offset the cost of acquisition of the subject property. Ms. Robinson who is the daughter of Cedonia Brown and her son (Adam) have been residents of the Delray Beach Housing Authority (DBHA) for ten (10) years. The rehabilitation grant in the amount $17,907.75 was approved by the City Commission on November 17, 2000. Additionally, the cost of acquisition and rehabilitation are funded by the HOPE 3 (Homeownership for People Everywhere) Implementation Grant authorized by the National Affordable Housing Act of 1990. The HOPE 3 grant provided the opportunity to partner with the DBHA to provide homeownership to a very low- income first time homebuyer. RECOMMENDATIONS Staff is recommending City Commission approval to sell the property at 237 SW 11th Avenue to Adam L. and Mary Brown Robinson. /o.D. SW SW A TLANTfCAV~uEJ ~ ' i~-~--tA~oco ATLANTIC GA TEWA Y MINI PARKS SW AVENUE IST DELRA Y FULL SERVICE CENTER 2ND ST S W 3RD CT 5RD S W 4TH ST AUBURN CIRCLE NORTH N CITY OF- DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT ATLANTIC GARDENS SUBDIVISION LOT 10, BLOCK 10 -- DIGI~;4I ~1115£ li,~p $YS?'Ebl -- MAP R£F LM44.3 RESOLUTION NO. 15-01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO SELL CERTAIN REAL PROPERTY IN THE CITY OF DELRAY BEACH, WHICH PROPERTY IS LOCATED AT LOT 10, BLOCK 10, ATLANTIC GARDENS, AS MORE PARTICULARLY DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONDITIONS AND TERMS OF THE CONTRACT FOR SALE AND PURCHASE BETWEEN THE CITY OF DELRAY BEACH AND ADAM L. AND MARY BROWN ROBINSON WHEREAS, the City of Dekay Beach, Florida desires to sell lot 10 within Block 10, Atlantic Gardens for the purpose of providing affordable housing to the purchasers; and, WHEREAS, the City Commission has determined that it is in the best interests of the City to sell the property described above; and, WHEREAS, the City Commission has determined that the sale of the property described above will promote the general welfare of the residents of Delray Beach. 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 hereby agrees to enter into a contract with Adam L. and Mary Brown Robinson in order to sell Lot 10, Block 10, Atlantic Gardens, according to the Plat thereof recorded in Plat Book 14, page 63, of the Public Records of Palm Beach County, Florida for the amount of ten dollars (USS 10.00). Section 2. That the terms and conditions contained in the aforementioned contract for the acquisition and purchase of the real property described above are hereby incorporated herein as Exhibit "A" and can be further reviewed in the office of the City Clerk, 100 N.W. 1st Avenue, Delray Beach, Florida. PASSED AND ADOPTED in regular session on this the ~ day of February, 2001. ATTEST: MAYOR City Clerk £1TY OF I]ELRIW BEI:I£H CITY ATTORNEY'S OFFICE DELRAY BEACH 1993 DATE: TO: FROM: SUBJECT: 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct L~ne: (561) 243-7090 MEMORANDUM February 12, 2001 City Commission David T. Harden, City Manager J;ayl eTd/aLo~b;~i ,B;::is ;;t AC::;nt~ct t aG am:t s; 237 S.W. 11th Avenue Attached please f'md a contract for the sale and purchase of the above-referenced property along with a resolution authorizing the sale of the property to Adam L. and Mary Brown Robinson. The property will provide affordable housing to the Robinson's. By copy of this memorandum to the City Manager, our office would request that this item be placed on the agenda for the February 20, 2001 City Commission meeting. Please do not hesitate to contact me if you should have any questions. Attachments CCi Alison MacGregor Harty, City Clerk Lula Butler, Community Improvement Director Dennis Thompson, Rehab Specialist CONTRACT FOR SALE AND PURCHASE CITY OF DELRAY BEACH, a Florida municipal corporation, ("Seller"), and ADAM L. ROBINSON, a married man, and MARY BROWN ROBINSON, a married woman ("Buyer"), of Delray Beach, Florida, hereby agree that the Buyer shall purchase the following real property ("Real Property") upon the following terms and conditions: I. DESCRIPTION: Lot 10, Block 10, ATLANTIC GARDENS, according to the Plat thereof recorded in Plat Book 14, page 63, of the Public Records of Palm Beach County, Florida. II. PURCHASE PRICE ................................... USS10.00. III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before February 21, 2000 the deposit(s) will, at Buyer's option, be returned to Buyer and the offer withdrawn. The date of this Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer. IV. TITLE EVIDENCE: At least 7 days before closing date, Buyer shall obtain a title insurance commitment. V. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on or before seven (7) days from the date of the execution of this agreement, unless extended by other provisions of this Contract. VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7 lA feet in width as to the side lines, unless otherwise specified herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any; provided, that there exists at closing no violation of the foregoing and none of them prevents the use of Real Property for residential purpose. VII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller, but if Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Standard D. Seller agrees to deliver occupancy of Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in their existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing. VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. IX. ASSIGNABILITY: Buyer may not assign Contract. STANDARDS FOR REAL ESTATE TRANSACTIONS A. Evidence of Title: A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to real property, subject only to liens, encumbrances, exceptions or qualification set forth in this agreement and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this agreement and those which shall be discharged by Seller at or before closing. Marketable title shall be determined according to applicable title standards adopted by authority of The Florida Bar and in accordance with law. If title is found defective, Buyer shall notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have one hundred twenty (120) days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or demanding a refund of deposit(s) paid which shall immediately be returned to Buyer; thereupon Buyer and Seller shall release one another of all further obligations under the agreement. Seller will, if title is found unmarketable, use diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. B. Survey: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have real property surveyed and certified by a registered Florida surveyor. If survey shows encroachment on real property or that improvements located on real property encroach on setback lines, easements, lands of others, or violate any restrictions, agreement covenants or applicable governmental regulation, the same shall constitute a title defect. C. Ingress and Egress: Seller warrants and represents that there is ingress and egress to the real property sufficient for the intended use as described herein, title to which is in accordance with Standard A. D. Leases: If applicable, Seller shall, not less than fifteen (15) days before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and -2- security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer. E. Liens: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to property for ninety (90) days immediately preceding date of closing. If property has been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvements or repairs which could serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at closing. F. Place of Closing: Closing shall be held in the county where real property is located, at the office of the attorney or other closing agent designated by Buyer. G. Time: Time is of the essence of this agreement. Time periods herein of less than six (6) days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day. H. Documents for Closing: Seller shall furnish deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters, and corrective instruments. Buyer shall furnish closing statement, mortgage, mortgage note, security agreement, and financial statements. I. Expenses: Documentary stamps on the warranty deed and recording corrective instruments and the warranty deed shall be paid by Buyer. J. Prorations; credits: Taxes, assessments, rent, interest, insurance and other expenses and revenue of property shall be prorated through day before closing. Buyer shall have the option to taking over any existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be required by prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer and escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. If closing occurs at a date when the current year's milage is not fixed, and current year's assessments is available, taxes will be prorated based upon such assessment and the prior year's milage. If current year's assessment is not available, then taxes will be -3- prorated on the prior year's tax. If there are completed improvements on real property by January 1st of year of closing which improvements were not in existence on January 1st of the prior year then taxes shall be prorated based upon the prior year's milage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to the County Property Appraiser for an informal assessment taking into consideration available exemptions. Any tax proration based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill on condition that a statement to that effect is in th6 closing statement. K. Special Assessment Liens: Certified, confirmed and ratified special assessment liens as of date of closing (and not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. If the improvement has been substantially completed as of Effective Date, such pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body. L. Inspection~ Repair and Maintenance: Seller warrants that, as of ten (10) days prior to closing, the ceiling, roof (including the fascia and soffits) and exterior and interior walls do not have any VISIBLE EVIDENCE of leaks or water damage and that the septic tank, pool, all major appliances, heating, cooling, electrical, plumbing systems and machinery are in WORKING CONDITION. Buyer may, at Buyer's expense, having inspections made of those items by an appropriately Florida license person dealing in the construction, repair or maintenance of those items and shall report in writing to Seller such items that do not meet the above standards as to defects together with the cost of correcting them, prior to Buyer's occupancy or not less than ten (10) days prior to closing, whichever occurs first. Unless Buyer reports such defects within that time Buyer shall be deemed to have waived Seller's warranties as to defects not reported. If repairs or replacement are required, Seller shall pay up to three percent (3 %) of the purchase price for such repairs or replacements by an appropriately Florida licensed person selected by Seller. If the cost for such repairs or replacement exceeds three percent (3%) of the purchase price, Buyer or Seller may elect to pay such excess, failing which either party may cancel this agreement. If Seller is unable to correct the defects prior to closing, the cost thereof shall be paid into escrow at closing. Seller will, upon reasonable notice, provide utilities service for inspections. Between the effective date and the closing, Seller shall maintain property including but not limited to the lawn and shrubbery, in the condition herein warranted, ordinary wear and tear excepted. Buyer shall be permitted access for inspection of property prior to closing in order to confirm compliance with this standard. M. Risk of Loss: If the property is damaged by fire or other casualty before closing and cost of restoration does not exceed the purchase price of the property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the term so the agreement with restoration costs escrowed at closing. If the cost of the restoration exceeds three percent (3%) of the assessed valuation of the improvements so -4- damaged, Buyer shall have the option of either taking property as is, together with either the three percent (3%) or any insurance proceeds payable by virtue of such loss or damage, or of canceling the agreement and receiving return of deposit(s). N. Escrow: Any escrow agent ("Agent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of agreement. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of agreement, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties mutually agree to its disbursement, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S. (1987), as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with the fees and costs to be charged and assessed as court costs in favor of the prevailing party. Parties agree that Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach of contract or gross negligence of Agent. O. Failure of Performance: If Buyer fails to perform this Contract within the time specified Seller shall be relieved of all obligations under Contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach. P. Agreement Not Recordable; Persons Bound; Notice: Neither this agreement nor any notice of it shall be recorded in any public records. This agreement shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for any party shall be as effective as if given by or to that party. Q. Conveyance: Seller shall convey the property by way of Warranty Deed subject to an easement for any utilities that may exist and lie on the property. R. Other Agreements: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. -5- S. Warranties: Seller warrants that there are no facts known to Seller materially affecting the value of the real property which are not readily observable by Buyer or which have not been disclosed to Buyer. BUYER: Adam L. Robinson By: Mary Brown Robinson By: SELLER: City of Delray Beach By: David Schmidt, Mayor ATTEST: City Clerk Approved as to Form: City Attorney State of Florida County of Palm Beach The foregoing instrument was acknowledged before me this day of , 2001 by Adam L. Robinson, who is personally known to me or who has produced (type of identification) and who did (did not) take an oath. Signature of Notary Public- State of Florida Print, Type or Stamp Name of Notary Public -6- State of Florida County of Palm Beach The foregoing instrument was acknowledged before me this day of ,2001 by Mary Brown Robinson, who is personally known to me or who has produced (type of identification) and who did (did not) take an oath. Signature of Notary Public- State of Florida Prim, Type or Stamp Name of Notary Public -7- Agenda Item No.: [t0. ~' AGENDA REQUEST Request to be placed on: __ Regular Agenda __ Special Agenda __ Workshop Agenda xxxxx Consent Agenda Date: February 12, 2001 When: February 20, 2001 Description of item: Authorization and approval to sell the property at 237 SW 11th Avenue to Adam L. and Mary Brown Robinson. Recommendation: Staff recommends approval to sell the property at 237 SW 11th Avenue to Adam L. and Mary Brown Robinson. CDBG Total: $0 Account Number: Department Head Signature: ~ ~9't~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: YES/NO Funding Altematives: Account No. & Description: Account Balance: (ifapplicable) City Manager Review: Approved for Agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: M. apQuest · Printer-Friendly Street Map Page 1 ot'l WWW.MAPQU EST. COF4 < B~ck 237 SW 11TH AVE, DELRAY BEACH, FL, 33444-1529, US Dr, Please drive safely this Holiday season Prtnt_OP~9_ns Nw 4th~S% Nw 4t~'oF!' Lee St 'Nt~ 3 ..rd Pr~t~ ~ ~ ~ ~ ~'-~ ~ < Tennis'Center ~ ~tmlP~lm ~r ~11th All Rights Rese~ed U~e~blect to Ll~nse/Cop~g~t Th~s map is ~nformatlonal only No representation is made or warranty given as to ~ts content User assumes all risk of use MapQuest and ~ts supphers assume no responmbdlty for any loss or delay r esulbng from such use 0 0 0 '~ 0 '~ 0 0 ... :Salayahfy&SNVData=3 mad3-h.fy ¼280z5dzb_ ¼29r725wb Yo~ bah7- ¼.~d0ba Yo2b ¼15N%202/12/2001 DF DELRt ¥ BER£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) 243-7090 AII4meica City 1993 DATE: TO: FROM: SUBJECT: MEMORANDUM February 12, 2001 City Commission David T. Harden, City Manager 237 S.W. 11~ Avenue Attached please f'md a contract for the sale and purchase of the above-referenced property along with a resolution authorizing the sale of the property to Adam L. and Mary Brown Robinson. The property will provide affordable housing to the Robinson's. By copy of this memorandum to the City Manager, our office would request that this item be placed on the agenda for the February 20, 2001 City Commission meeting. Please do not hesitate to contact me if you should have any questions. Attachments CC: Alison MacGregor Harty, City Clerk Lula Butler, Community Improvement Director Dennis Thompson, Rehab Specialist RESOLUTION NO. 15-01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO SELL CERTAIN REAL PROPERTY IN THE CITY OF DELRAY BEACH, WHICH PROPERTY IS LOCATED AT LOT 10, BLOCK 10, ATLANTIC GARDENS, AS MORE PARTICULARLY DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONDITIONS AND TERMS OF THE CONTRACT FOR SALE AND PURCHASE BETWEEN THE CITY OF DELRAY BEACH AND ADAM L. AND MARY BROWN ROBINSON WHEREAS, the City of Delray Beach, Florida desires to sell lot 10 within Block 10, Atlantic Gardens for the purpose of providing affordable housing to the purchasers; and, WHEREAS, the City Commission has determined that it is in the best interests of the City to sell the property described above; and, WHEREAS, the City Commission has determined that the sale of the property described above will promote the general welfare of the residents of Dekay Beach. 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 hereby agrees to enter into a contract with Adam L. and Mary Brown Robinson in order to sell Lot 10, Block 10, Atlantic Gardens, according to the Plat thereof recorded in Plat Book 14, page 63, of the Public Records of Palm Beach County, Florida for the amount often dollars (USS10.00). Section 2. That the terms and conditions contained in the aforementioned contract for the acquisition and purchase of the real property described above are hereby incorporated herein as Exhibit "A" and can be further reviewed in the office of the City Clerk, 100 N.W. 1 st Avenue, Dekay Beach, Florida. PASSED AND ADOPTED in regular session on this the ~ day of February, 2001. ATTEST: MAYOR City Clerk MapQuest · Printer-Friendly Street Map Page Iot I WWW.MAPQU EST.COM < Ba_ck 237 SW 11TH AVE, DELRAY BEACH, FL, 33444-1529, US B[.s~gp Dr ~ Lee St Nw3rd Tar -c, ~' Pros ~t St ~ ~ Nw .3rd St z ~eOr Lowson glvct ~ ..h "-' '_ lp~ Rcntnl Pnlm ~r SW 11th St ~2000 Mapquest.com. Inc: ~)2000 Nav,=at,on Technoioqes Please drive safely this Holiday seoson Pnnt Op_tlpn s Wilson Av~ All R~ghts Reserved ~U_s_e Subject to bcense/Copynght Th~s map ~s mformabonal only No representahon is made or warranty g~ven as to its content User assumes all risk of use MapQuest and ~ts suppliers assume no responmbd~ty for any loss or delay r esulbng from such use ...: 8alayahf¥&SNVData=3 mad3-h.fy%280z5dzb_%29r725wb%3bah7-%3 d0ba%2b% 15N%202/12/2001 CONTRACT FOR SALE AND PURCHASE CITY OF DELRAY BEACH, a Florida municipal corporation, ("Seller"), and ADAM L. ROBINSON, a married man, and MARY BROWN ROBINSON, a married woman ("Buyer"), of Delray Beach, Florida, hereby agree that the Buyer shall purchase the following real property ("Real Property") upon the following terms and conditions: I. DESCRIPTION: Lot 10, Block 10, ATLANTIC GARDENS, according to the Plat thereof recorded in Plat Book 14, page 63, of the Public Records of Palm Beach County, Florida. II. PURCHASE PRICE ................................... USS10.00. III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before February 21, 2000 the deposit(s) will, at Buyer's option, be returned to Buyer and the offer withdrawn. The date of this Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer. IV. TITLE EVIDENCE: At least 7 days before closing date, Buyer shall obtain a title insurance commitment. V. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on or before seven (7) days from the date of the execution of this agreement, unless extended by other provisions of this Contract. VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7 xh feet in width as to the side lines, unless otherwise specified herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any; provided, that there exists at closing no violation of the foregoing and none of them prevents the use of Real Property for residential purpose. VII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller, but if Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Standard D. Seller agrees to deliver occupancy of Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in their existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing. VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. IX. ASSIGNABILITY: Buyer may not assign Contract. STANDARDS FOR REAL ESTATE TRANSACTIONS A. Evidence of Title: A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to real property, subject only to liens, encumbrances, exceptions or qualification set forth in this agreement and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this agreement and those which shall be discharged by Seller at or before closing. Marketable title shall be determined according to applicable title standards adopted by authority of The Florida Bar and in accordance with law. If title is found defective, Buyer shall notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have one hundred twenty (120) days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or demanding a refund of deposit(s) paid which shall immediately be returned to Buyer; thereupon Buyer and Seller shall release one another of all further obligations under the agreement. Seller will, if title is found unmarketable, use diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. B. Survey: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have real property surveyed and certified by a registered Florida surveyor. If survey shows encroachment on real property or that improvements located on real property encroach on setback lines, easements, lands of others, or violate any restrictions, agreement covenants or applicable governmental regulation, the same shall constitute a title defect. C. Ingress and Egress: Seller warrants and represents that there is ingress and egress to the real property sufficient for the intended use as described herein, title to which is in accordance with Standard A. D. Leases: If applicable, Seller shall, not less than fifteen (15) days before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and -2- security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer. E. Liens: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to property for ninety (90) days immediately preceding date of closing. If property has been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvements or repairs which could serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at closing. F. Place of Closing: Closing shall be held in the county where real property is located, at the office of the attorney or other closing agent designated by Buyer. G. Time: Time is of the essence of this agreement. Time periods herein of less than six (6) days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day. H. Documents for Closing: Seller shall furnish deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters, and corrective instruments. Buyer shall furnish closing statement, mortgage, mortgage note, security agreement, and financial statements. I. Expenses: Documentary stamps on the warranty deed and recording corrective instruments and the warranty deed shall be paid by Buyer. J. Prorations; credits: Taxes, assessments, rent, interest, insurance and other expenses and revenue of property shall be prorated through day before closing. Buyer shall have the option to taking over any existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be required by prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer and escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. If closing occurs at a date when the current year's milage is not fixed, and current year's assessments is available, taxes will be prorated based upon such assessment and the prior year's milage. If current year's assessment is not available, then taxes will be -3- prorated on the prior year's tax. If there are completed improvements on real property by January 1st of year of closing which improvements were not in existence on January 1st of the prior year then taxes shall be prorated based upon the prior year's milage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to the County Property Appraiser for an informal assessment taking into consideration available exemptions. Any tax proration based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill on condition that a statement to that effect is in thfi closing statement. K. Special Assessment Liens: Certified, confirmed and ratified special assessment liens as of date of closing (and not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. If the improvement has been substantially completed as of Effective Date, such pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body. L. Inspection~ Repair and Maintenance: Seller warrants that, as of ten (10) days prior to closing, the ceiling, roof (including the fascia and soffits) and exterior and interior walls do not have any VISIBLE EVIDENCE of leaks or water damage and that the septic tank, pool, all major appliances, heating, cooling, electrical, plumbing systems and machinery are in WORKING CONDITION. Buyer may, at Buyer's expense, having inspections made of those items by an appropriately Florida license person dealing in the construction, repair or maintenance of those items and shall report in writing to Seller such items that do not meet the above standards as to defects together with the cost of correcting them, prior to Buyer's occupancy or not less than ten (10) days prior to closing, whichever occurs first. Unless Buyer reports such defects within that time Buyer shall be deemed to have waived Seller's warranties as to defects not reported. If repairs or replacement are required, Seller shall pay up to three percent (3 %) of the purchase price for such repairs or replacements by an appropriately Florida licensed person selected by Seller. If the cost for such repairs or replacement exceeds three percent (3%) of the purchase price, Buyer or Seller may elect to pay such excess, failing which either party may cancel this agreement. If Seller is unable to correct the defects prior to closing, the cost thereof shall be paid into escrow at closing. Seller will, upon reasonable notice, provide utilities service for inspections. Between the effective date and the closing, Seller shall maintain property including but not limited to the lawn and shrubbery, in the condition herein warranted, ordinary wear and tear excepted. Buyer shall be permitted access for inspection of property prior to closing in order to confirm compliance with this standard. M. Risk of Loss: If the property is damaged by fire or other casualty before closing and cost of restoration does not exceed the purchase price of the property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the term so the agreement with restoration costs escrowed at closing. If the cost of the restoration exceeds three percent (3%) of the assessed valuation of the improvements so -4- damaged, Buyer shall have the option of either taking property as is, together with either the three percent (3 %) or any insurance proceeds payable by virtue of such loss or damage, or of canceling the agreement and receiving return of deposit(s). N. Escrow: Any escrow agent ("Agent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of agreement. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of agreement, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties mutually agree to its disbursement, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S. (1987), as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with the fees and costs to be charged and assessed as court costs in favor of the prevailing party. Parties agree that Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach of contract or gross negligence of Agent. O. Failure of Performance: If Buyer fails to perform this Contract within the time specified Seller shall be relieved of all obligations under Contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort. Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach. P. Agreement Not Recordable; Persons Bound; Notice: Neither this agreement nor any notice of it shall be recorded in any public records. This agreement shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for any party shall be as effective as if given by or to that party. Q. Conveyance: Seller shall convey the property by way of Warranty Deed subject to an easement for any utilities that may exist and lie on the property. R. Other Agreements: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. -5- S. Warranties: Seller warrants that there are no facts known to Seller materially affecting the x/alue of the real property which are not readily observable by Buyer or which have not been disclosed to Buyer. BUYER: Adam L. Robinson By: Mary Brown Robinson By: SELLER: City of Delray Beach By: David Schmidt, Mayor ATTEST: City Clerk Approved as to Form: City Attorney State of Florida County of Palm Beach The foregoing instrument was acknowledged before me this day of , 2001 by Adam L. Robinson, who is personally known to me or who has produced (type of identification) and who did (did not) take an oath. Signature of Notary Public- State of Florida Print, Type or Stamp Name of Notary Public -6- State of Florida County of Palm Beach The foregoing instrument' was acknowledged before me this day of , 2001 by Mary Brown Robinson, who is personally known to me or who has produced (type of identification) and who did (did not) take an oath. Signature of Notary Public- State of Florida Print, Type or Stamp Name of Notary Public -7-