Agenda Reg 12-02-03City of Delray Beach
Regular Commission Meeting
Tuesday. December 2. 2003
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
100 N'W 1st Avenue
Delray Beach, Florida
Phone: (561) 243-7000
Fax: (561) 243-3774
RULE8 FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments, Commission
discussion and official action. City Commission meetings are business meetings
and the fight to limit discussion rests with the Commission. Generally, remarks
by an individual will be limited to three minutes or less. The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
Public Hearings: Any citizen is entitled to speak on items under this
section.
Comments and Inquiries on Non-Agenda Items from the Public: Any citizen
is entitled to be heard concerning any matter within the scope of
jurisdiction of the Commission under this section. The Commission may
withhold comment or direct the City Manager to take action on requests or
comments.
Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the Commission,
citizens may speak on any official agenda item under these sections.
2. 8IGN 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 fight 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. ADDRE~ilNG THE COMMISSION: At the appropr/ate 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
malting impertinent or slanderous remarks or who becomes boisterous wh/le
addressing the Commission shall be barred by the presiding officer from speaking
further, unless permission to continue or again address the Commission is granted
by a majority vote of the Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by the City
Commission with respect to any matter considered at this meeting, such person
will need to ensure that a verbatim record includes thc testimony and evidence
upon which the appeal is based. The City neither provides nor prepares such
record.
The City will furnish auxiliary aids and services to afford an individual with a
disability an opportunity to partidpate in and enjoy the benefits of a service,
program, or activity conducted by the City. Contact Doug Randolph at 243-
7127 (voice) or 243-7199 (TDD), 24 hours prior to the event in order for the
City to accommodate your request. Adaptive listening devices are available for
meetin~ in the Commission Chambers.
2.
3.
4.
5.
ROLL
INVOCATION.
PLEDGE OF P,I-I-~-GIANCE TO THE FLAG.
AGENDA APPROVAL.
APPROVAL OF MINUTES:
· November 18, 2003 - Reg,hr Meeting
PROCLAMATIONS:
C~lling for a Special Election to be held on January 20, 2004
National HIV/AIDS Awareness Week - December 1-7, 2003
PRESENTATIONS:
Government Finance Officers Association - Certificate of Achievement for Excellence
in Financial Reporting
CONSENT AGENDA: City Manager Recommends Approval.
Ao
APPROVAL OF POLL WORKERS FOR THE SPECIAL ELECTION:
Approval of the poll workers for the Special Election to be hdd on January 20, 2004.
AUTHORIZATION FOR SUPERVISOR OF ELECTIONS TO HANDLE/
CANVASS ABSENTEE AND PROVISIONAL BAI.I.OTS AND REPRESENT
THE CITY AT LOGIC AND ACCURACY TESTS FOR THE SPECIAL
ELECTION: Authorize the Palm Beach County Supervisor of Elections to handle
and canvass the City's absentee and provisional ballots for the January 20, 2004 Special
Election, and represent the City at the requisite Logic and Accuracy tests.
ACCESS EASEMENT AGREEMENT/JOHN D. ROOF: Approve an access
easement agreement that allows the public to use a driveway adiacent to Mr. John D.
Roof's property located on the west side of S.W. 10* Avenue between S.W. 10~h Street
and Wallace Drive to access a convenience store.
CH~ ORDER NO. 1/FINAL PAYMENT/CHAZ EOUIPMENT
COMPANY. INC.: Approve Change Order No. I in the amount of $5,989.40, and
final payment in the amount of $19,385.10 to Chaz Equipment Company, Inc. for the
Rye l~ne, Enfield Road, and Lake Terrace Water Main and Raw Water Supply
Common Header Pipe Proiect. Funding is available from 442-5178-536-65.82
(Water/Sewer Renewal and Replacement Fund/Raw Water Manifold).
12-02-2003
CHANGE ORDER NO. 1/FINAL PAYMENT/CHAZ EOUIPMENT
COMPANY. INC.: Approve Change Order No. 1 in the mount of $2,463.25, and
final payment in the amount of $10,551.50 to Chaz Equipment Company, Inc. for S.W.
7~' Street Roadway and Sewer Improvements Project. Funding is available from 441-
5161-536-63.90 (Water/Sewer Fund/Other Improvements).
CHANGE ORDER NO. 2/FINAL PAYMENT/MANCON. INC.: Approve
Change Order No. 2 in the amount of $7,621.00, and final payment in the amount of
$150,705.73 to Mancon, Inc. for the Lift Station No. 6 Force Main System
Improvements Project. Funding is available from 442-5178-536-63.50 (XVater/Sewer
Renewal and Replacement Fund/Water Mains).
Go
HAMMOCK RESERVE HOMEOWNERS' ASSOCIATION TRAFFIC
ENFORCEMENT AGREEMENT: Approve an agreement between the City and
Hammock Reserve Homeowners' Association allowing the Dekay Beach Police
Department to enforce local and state traffic laws on its property.
SPECIAL EVENT REOUEST/ART & JAZZ ON THE AVENUE: Approve
and endorse the Art & Jazz on the Avenue scheduled for January 29, 2004 from 6:00
p.m. to 10:00 p.m., granting a temporary use permit per LDR Section 2.4.6(H) for the
closure of Atlantic Avenue from Swinton to N.E. 7th Avenue, the south side of Atlantic
Avenue from N.E. 7th Avenue to just past the Blue Anchor Pub, ll~ilroad Drive from
Adantic Avenue to N.E. 1st Street, N.E. 2nd Avenue from Atlantic Avenue to N.E.
2nd Street, and authorize staff support for security and traffic control, banner hanging
and removal, hamcade set-up/removal, trash removal and dean up, and nse/set-up of
City stages.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
November 17, 2003 through November 26, 2003.
J. AWARD OF BIDS AND CONTRACTS:
Contract award to DiLoreto & Sons Vending, Inc. for snack vending machine
sercice at various locations within the City.
REGULAR AGENDA;
ho
REOUEST FOR IN-LIEU PARKING SPACES/PINEAPPLF. GROVE
BUILDING: Consider a request by Pineapple Grove Building for the purchase of
four (4) in-lien parking spaces in the amount of $24,000.00 and the construction of ten
(10) on-street parking spaces in the adjacent tights-of-way. Pineapple Grove Building is
located on the west side of N.E. 2"a Avenue (Pineapple Grove Way) noffh of N.E. 2~
Street. (Qua~i-Jndicial Hearing)
12-02-2003
10.
RIgOUEST TO REDUCE LIENS/THOMAS: Consider a request from Mr. James
Thomas to waive the interest and administrative fees totu!ing $1,338.29 assessed for
abating nuisances on property located at 40 S.W. 6m Avenue. Mr. Thomas is prepared
to pay the City's out-of-pocket expenses in the mount of $3,030.86. Staff recommends
approval.
MACARTHUR FOUNDATION/GRANT AGREEMENT: Consider approval of
an agreement between the C~ty of Delray Beach and the MacArthur Foundation for a
two (2) year grant in the amount of $150,000 in support of the Southwest Area
Neighborhood Redevelopment Plan.
AMENDMENT NO. 1/SALE AND PURCHASE CONTRAS; Consider approval of
Amendment No. 1 to the Sale and Purchase Contract between the City and D.IL
Horton, Inc. providing for Construction Management Services for the public park at no
cost to the City and for early payment of park impact fees by D.R. Hot'ton.
PARKING LICENSE AGREEMENTS: Consider approval of recommended
modifications to Section 4 "Payment for Parking Queue Spaces", Section 9
"Compliance with Laws", and Section 14 "Penalties for Violations/Termination" of the
parking license agreements.
BOCA RATON AIRPORT AUTHORITY: Provide direction regarding the Boca
Raton Airport Authority's revision of the By-Laws of its Aviation Advisory Committee
(AAC) and Noise Compatibility Committee (NCC).
PROPOSAL FOR SETTLEMENT IN SYMBION CORPORATION v. CITY
OF DELRAY BEACH: Consider a Proposal for Settlement in the amount of
$20,000.00 in Symbion Corporation v. City of Delray Beach. Staff recommends
acceptance.
APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint
one (1) rega~hr member to the Nuisance Abatement Board for an unexpired term
ending March 31, 2005. Based upon the rotation system, the appo'mtment will be made
by Commissioner Levinson (Seat #3).
PUBLIC HF_,ARINGS:
ho
ORDINANCE NO. 43-03 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending Chaptrx 4, "Zoning Regulations", of the I~nd
Development Regulations, Section 4.3.3(AA) "Adult Entertainment Establishments" to
amend the distance limitation between any adult entertainment establishment and
alcoholic beverage establishment.
ORDINANCE NO. 44-03 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending Chapter 113, "Alcoholic Beverages", of the City
Code of Ordinances, Section 113.20 "Prohibition of Nudity, Partial Nudity and Sexual
Conduct at Alcoholic Beverage Establishments" to change distance limitations and
include Stand Alone Bars.
12-02-2003
11.
12.
13.
CONTRACT FOR SALE AND PURCHASE OF PROPERTY/MONTER~(
HOUSE: Consider approval of contract to sell City owned property, the Monterey
House and certain Block 60 parking condominium spaces and Contract for Sale and
Purchase between the City and the Community Redevelopment Agency (CRA) in the
amount of $700,000.00.
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.
FIRST READINGS:
ORDINANCE NO. 47-05; An ordinance rezoning fi:om R-l-AA (S'mgle Family
Residential) to RM-8 (Multiple Family Residential-Medium Density-8 dwelling units per
acre) for a 1.36 acre parcel of hnd known as S'mamons Cay located on the west side of
State Road A-1-A (Ocean Boulevard) approximately 140 feet south of Vista Del Mar
Drive. If passed, a quasi-judicial public hearing will be scheduled for January 6, 2004.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City
B. City Attorney
C. City Commission
POSTED: NOVEMBER 26, 2003
12-02-2003
CITY COMMISSION
CITY OF DELRAY BEACH~ FLORIDA
REGULAR MEETING - TUESDAY ~ DECEMBER 2~ 2003
6:00 P.M. - COMMISSION CHAMBERS
AGENDA ADDENDUM
AMENDMENT TO PUBLIC HEARING:
10. PUBLIC HEARINGS:
C. CONTRACT FOR SALE AND PURCHASE OF PROPERTY/MONTEREY
HOUSE: Consider an alternate contract to sell City owned property, the Monterey
House and certain Block 60 parking condominium spaces and Contract for Sale and
Purchase between the City and the Community Redevelopment Agency (CRA) in the
amount of $700,000.00, and a request fi.om the CRA for reimbursement of all or a
portion of the costs associated with the interior renovations.
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. Thc City neither
provides nor prepares such record.
[ITY DF DELRI1¥ BEfl[H
CITY ATTORNEY'S OFFICE
200 NW Ist AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 5611278-4755
Writer's Direct Line: 561/243-7091
DELRAY BEACH
1993
DATE:
TO:
FROM:
SUBJECT:
MEMORANDUM
December 1, 2003
City Commission
Susan A. Ruby, City Attomey
Modifications to the Contract for Monterey House
The revised contract includes a cost to repair. The City, under the revision, must
pay 2% of the Purchase price (or the percentage as decided by the parties) for the
repair of damage caused by termites and 3% for other repairs to the ceilings, roof
(including the fascia and soffits), exterior and interior walls, appliances, heating
and cooling systems and plumbing items. Two percent equals $14,000 for termite
damage repairs and 3% equals $21,000 for other repairs.
The 2% and 3% cost of repairs is a standard clause in Florida Bar contracts,
unless it is deleted or otherwise amended by inserting a different percentage by
the parties.
In addition, the CRA is requesting that the City reimburse the CRA for all or a
portion of the $55,000 interior renovation costs to the bungalow situated on the
CRA property.
The changes to the contract for sale and purchase were made by the CRA Board
at their last meeting, as well as the CRA's request of the City to participate in the
$55,000 interior renovation cost.
Cc: Diane Colonna, Director of the CRA
DELRA¥ BEACH
To:
From:
David Harden, City Manager
Diane Colonna, CRA Executive
November 25, 2803
RE:
Contract to purchase Monterey House (Judge Knott building)
Attached please find the contract providing for the CRA's purchase of the Monterey
House at 20 N. Swinton Avenue. The CRA Board approved the contract at their
meeting of November 20, 2003. The conbact price is $700,000, which is the appraised
value as determined by Anderson & Carr. The closing is to occur on or before March
16, 20O4.
The Delray Beach Historical Society (DBHS) is currently subletting space in the
Monterey House, but plans to move into ~he bungalow that was recently relocated to the
Cason Cottage property. According to a recent estimate from BSA Construction (copy
attached), the cost to renovate the interior of the bungalow to make it suitable for office
space is $55,000. Section "F' of the Addendum to ~ Monterey House contract
provides that the CRA will pay the DBHS $55,000, which will allow them to complete the
Both the Cason Cottage property and the bungalow building are owned by the City and
leased to the DBHS. The CRA has already approved a grant of $50,000 for renovations
to the exterior of the structure, under our Historic Facade Improvement Program. In
light of these circumstances, the CRA Board voted to request that the City reimburse
the CRA for all or a portion of the costs associated with the interior renovations. I would
appreciate it if that request could be considered by the City Commission during their
review of this purchase co~uct.
Thank you.
RECEIVED
BSA
CORPORATION
GENERAL CONTRACTORS
CONSTRUCTION MANAGERS
20 N. S~nton Avenue
Detmy Beach, FL 33~.~.
RE: Interior mnovetion of 1926 Bungalow
Dear Mary,
As you know, DIgby Bddges is now in the process of completing the design docan'mnte for the intedor of this Impodant historical stmctore. Based on
our meeting with the Board and my subsequent meeting with Dk3by on site, a~tached pisaee find a budget for ~be proposed work. Included below is
a b~ef nan'ative to describe the scope:
~' General Conditions: includes supewislon, clean up, tempora~ toilet, temporary power, final cJeaning, trash removal, and
managemenL
>. Demolition: Indudesmlscetiane~ueintork~'demoliflonasnesdedtoaccamplishthework.
Structural Carpenlry: Inciudes re-building the load bearing wall that has been removed and is shored with steel post-shores now.
Woad Moldings: Includes an allowance to mldaca bees & trim es needed.
Cabinets: Includes an altowanee tot cabinetry Iff Newspaper mom, Work ama, & Kitchen area.
Insulation: Includes an allowance to~ attic insulation.
Hardware & Wond Doom: Includes new interior deors where nesded. We will match theexlsfing doors and hardware as closely
as possible.
Wall Finishes: Includes repair of the interior plaster surfaces, and new partffions where needed.
Ceramic Tile: Inc~Jdes new cammic ~e fioodng in the bathroom.
W°°dFlondng: indudesmpairoftheexisfingwoedfloodng, andre-flnlshingofwondfloodng.
HVAC: Includes a new a/c system (split system) with fiberglass du~ in attic space.
Plumbing: includes plumbing as required for new bathroom configuration.
)* Electric:. Includes new branch circuit wiring and circuti breakers. Indudesnewlightlngthroughont.
Please contact me if you beve any further queetkms.
Sthca'ety yours, ~-
9 ~st Second Street
Delray Beoch. FL 33444
561.272.6350
561.272.7440
BSA CORPORATION
ESTIMATED COST SUMMARY
Job Name Delray Beach Hletorlcal Society 1926 Bungalow-lnterlom Budget
Bid Date: Octo~ 23, 2003
1,200 ACSF
so.14 I
I
m." I
S46.75 I
TOTAL
~'"'H I s~,-~oi,u. I 4~r"O I ~,.61 3~oo I so,~s ISO~6
0.00 Payroll T~(es~lnsur 40.0% 1,520 1,520
S0.38 Insurance (Uabi§~) 0.90% 453
$2.18 OVERHEAD 5.00% 2,614
$4~'761 J TOTALCOSTI I I I I
$0.21 1 Final Cleaning 250 0 0 250
$0.13 2 Equipment Rental 150 0 0 150
~oI ~oI CO~CRETE I
$0.13 I Com:m~ at fireplace 1~o 0 0 150
ar'°l ~1 wooo e ..As'.cs I
~ ~ooI OT.e~ I
PARTTES: CXTY OF DBZA~AY 13~AC:H, a FloE~ ~ ~=a~, ("8~X~"), of
~00 H.W. ~=o~ A~, ~ h~, F~o=~ (~: 243-7092),
~ ~~ ~, (,,~.) , of ~04 West A~ A~uo,
h~, Flo~i~ 33444, (~one 276-8640), ~ ~ ~t
p~ ("~0o~1~") (~11~1y "~-) ~n ~e ~ollo~ ~o ~d
To
o£ Roal 1~ Located in Palm Beach County,
Lot 12, Loss tho South 4 £os&, theLeoo~, Blo~Jc 60, TOMiq OF D~LRAY, Florida,
os z~cozcled in PLat Book 1, l~ 3, o£ the PubLia Roco~da o£ Pain Boach
County, Florida; and
Co~d~L~n~un Units 17-25, o£ Mo~k 60 l~k~ng Co~dom~u~ a~aoz~L~ng ~o tho
D~clmt~on o£ Conda~n~un z~ao~ded in O££ioi~ Re~oz~i Book 8915, Page
163, o£ ~he Public R~o=ds o£ Palm B~ach County, Florida.
(b) 8tree~ acici_-"eaa,
(o) ~e~aonaXty:
ZI. I~dP~:HASB I~CX: ................................... $ 700,000.00
(a) Depoa£t to b~ ho~d in oa~ow b~ itoboz~ W.
1,000.00
~)
B~lm~e ~o ~ooo (U.S. rash, ~dO~AT,T.q~ Dl~%J~q
C~=~£4ed or caah~e='a Ghec~), aub~oot to
699,000.00
IXv. T~ ~ AC~BIMP~4~B; Js~Jfls~Tl~E ~A~; ~8~: ~ ~io o~ ia no~
~A~nq ~ ~e ~eo on o~ ~o~ ~ ~0 (14) ~ ~e ~
of ~a ~ct ~ ~ ~, ~e ~oi~ will, at ~'m ~, ~ ~
~ ~ ~ ~a offer wigan. A ffaca~le ~ o~ ~is Con~act for Sale
~. TZ~ ~: W~ ~h4~ (30) ~ys ~ ~ ~on o~ ~
a~, ~n a~ w~ S~ A, (~ (Z) m (2)): (~)~o~ao~ o~
~e o~ (2)0 ~e ~ ~~ ~, ~ ~os~ o~*~ ~ of
ot~ar o~os~ng pal~s shall b~ d~ivez~d on ~
zo~, ~s~, ~~ ~ o~ ~~ ~s~ ~ g~~
~n~ to ~1 P~r~ li~o ~d not ~o~ ~ 10
~r or ~nt lints a 72 f~t in wid~ u ~ ~ li~ li~s, tess o~i~
o~ h~); *-~ for ~ ~ ~oi~ ~ ~
closing no viola~on of ~ to~oi~ a no~ of
~o~S ~1 risk of loss ~ ~ f~ ~ of o~,
~d li~lo for ~n~ f~ ~t ~, ~ 0~!1
P~r~ in ~eir ~l~ng ~n~ al of ~ of ~ing
o~e~ile I~ he~ or ~ i s~a~ writ~g.
~II. ~IT~ ~ ~~N ~8I~8: ~rit~ or ~it~
~ovisi~s s~11 ~n~l all prin~ provisions of
b) ~o~
d)
f)~:
X. ~8I~ILI~: (~ (1) M (2)): ~ (1)~y aooi~ or (2)~ not
not
XII. T~ I8 OF ~ Z~ 0F ~18 ~T.
~II. DI~U~S: ~ ~owl~s or ~s not a~l~ ~ipt of
XIV. ~ ~EPAIR CO~T8: Seller shall not be responsible for p&l~ents in
(e)
(b)
for ~t~ent ~nd repair un~ Standard D (if
then 2% of the Purohase Prise) .
(if
$ for repair and repleoe~e~t under S~andard N
blank, then 3% of the Purohase Prise).
'~mr Z.D. ~1'o.: 59-2593203
'~a.z Z.D. 1';o.: 59-6000308
CTTY OF DBLRAY BraCH
~ROPBR~Z ADDRESB:
X~. BPBC~ CLAU~US (Continuod):
A. RAD~t~ ~A8: Radon gas is naturally o~cur~ing radioa~tive gas that, when
4t hmo &ooumul&ted in · building in su££i~ient quantities, ma~ pz~sent health
riek~ to ps,sons who &z~ oxpoood to it ov~ tiros. Lovols o~ radon *~st ~zoood
information regardin~ ~adon and radon testing ny be obtained £ron your county
publ£o health unit. Se~ti~ X~ (D)off this ~o~t~_~t is ho~ 6oemod to include an
inopooti~ £or z~don gas.
B. rOREI~ IHVBST~qT I~ ~ I~OPERTY TAX ~T ('F~A'): ~ ~es
s~l ~ly wi~ ~e pzovisio~ of ~n~ ~ C~ S~tion t445 ~
~o~ ~n~ ~ ~ ~ 1445 ~m, ~ ~ ~ of ~ ~ ~
· o~i~ a~ ~ ~ ~s~ ~ ~ T~ ~a~o~ ~on 1.1445-2.
~ e~ll not ~i~old ~ In~ ~ ~ Section 1445.
and Selle= undoEo~nd that tho ~ ~s ~ ~ ~ ~e
~ ~ ~li~ ~ ~ ~ wiX1 not ~ss ~ ~o~
~ ~j~t p~ ~ ~e ~ ~d ~ ~ ~o~om ~e ~ss right to
s~li~ ~d o~ ou~
D. ~h~ S~ll~r ia h~by ~pt £z~ th~ ~t of ~~ S~
T~e~ on ~ ~ng o~ ~ W~r~ ~ ~ ~ S~ o~ Flo~i~.
~s (30) pzio= ~ ~ ~os~ ~o~ ~ ~11a~on o~ ~ling
CZTZ OF DELR~Y
NOVEMBER 18~ 2003
A Regular Meeting of the City Commission of the City of Defray Beach, Florida,
was called to order by Mayor Jeff Perlman in the Commission Chambers at City Hall at 6:00
p.m., Tuesday, November 18, 2003.
1. Roll call showed:
Present -
Commissioner Patricia Archer
Commissioner Bob Costin
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Mayor Jeff Perlman
Absent - None
Also present were -
David T. Harden, City Manager
Susan A. Ruby, City Attorney
Ten'ill Pybum, Assistant City Attorney
Barbara Garito, City Clerk
2. The opening prayer was delivered by Reverend Nancy McCarthy with the Delray
Beach Clergy Association.
The Pledge of Allegiance to the flag of the United States of America was given.
AGENDA APPROVAL.
Mayor Perlman noted the addition of Item 9.A.l., Reconsideration of the City
Commission's Decision/Excel Restaurant to the regular agenda by addendum.
Mr. Levinson requested Item 8.G., Utility Improvement Agreement/City
Center Development~ L.L.C. be moved to the regular agenda as Item 9.A.2.
Mr. Costin moved to approve the agenda as amended, seconded by Mrs. Archer.
Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0
vote.
APPROVAL OF MINUTES:
Mr. Costin moved to approve the Minutes of the Regular Meeting of November 4,
2003, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer -
Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin Yes. Said
motion passed with a 5 to 0 vote.
6_. PROCLAMATIONS:
6oA.
Recognizing and commending Delra¥ Medical Center
Mayor Perlman read and presented a proclamation hereby recognizing and
commending Delray Medical Center for their many outstanding achievements, awards and their
commitment to providing a full range of superior health care services to our community. The
following individuals came forward to accept the proclamations:
Dr. Mitch Feldman, CEO
Jeffrey Newman, MD (Thoracic Surgeon)
Alan Zelcer, MD (Interventional Cardiologist
6.B. Recognizing and commending Jewish War Veterans Ladies Auxiliary
National President - Emma-Lou Rosenstein
Mayor Perlman read a proclamation hereby recognizing and commending Jewish
War Veterans Ladies Auxiliary National President Emma-Lou Rosenstein for her many and
varied accomplishments, and congratulate her on her achievements as a fine example of a
dedicated American.
PRESENTATIONS:
Site Plan Review and Appearance Board (SPRAB) Awards
Gary Eliopoulos, Chairman of the Site Plan Review and Appearance Board
(SPRAB), stated this is the 12th Annual Award Recognition Program and the awards are given to
those property owners and their design teams who have significantly conthbuted to the beauty of
the community through creative design or renovations to existing properties. Mr. Eliopoulos
recognized the other six members of the Site Plan Review and Appearance Board (SPRAB) and
presented the SPRAB awards to the 2003 award recipients.
· Nancy J. Stewart, Vice Chair
· Deborah D. Dowd, Second Vice Chair
· Mark Gregory (Sign Contractor)
· Roger Cope (Architec0
· Mayer Abbo (Architect)
· Daniel Carter (Landscape Architect)
-2-
11/18/03
NEVi/COMMERCIAL DEVELOPMENT
Fidelity Federal Bank
Fidelity Federal Bank & Tmst (Owner)
PEG, Inc. (Architect)
Kilday & Associates, Inc. (Landscape Architec0
The Colony
Holiday Management Associates, Inc.
(Owner)
Merv Weinstein (Architect)
Michael Schale Landscape Architect and
Associates, P.A. (Landscape Architect)
NEW INDUSTRIAL DEVELOPMENT
Cobra Construction
Cobra Construction
Kenneth Carlson (Architec0
Kevin E. Holler (Landscape Architec0
RESIDENTIAL DEDEVELOPMENT
Co-Winners:
Renaissance Village
North Atlantic Realty Group (Owner)
Pasquale Kutitzky Architecture, Inc. (Architect)
Dan Carter (Landscape Architect)
EXTERIOR RENOVATIONS
Spanish River Resort
Tallmar, Inc. (Owner)
Eliopoulos and Associates, Inc. (Architect)
Jerry Turner & Associates (Landscape Architect)
SIGNAGE
505 Teen Center
Ian Plosker (Dekay Beach Youth Council
President)
Frank McKinney (Delray Beach Youth Council)
Lula Butler (Delray Beach Youth Council)
Camilucci Signs (Sign Contractor)
7oBo
City of Delray Beach Residents Academy Certificates - Janet Meeks
Janet Meeks, Education Coordinator, presented the following individuals with
certificates for completing the Residents Academy:
· Pam Atkinson · Hunter Jones
· Nathalee Barnes · Jayne King
· Leonard Butler · Richard Knighton
· Anita Chachkin · Sylvie Hopkins
· Greg L. Deitsch · Karen Lustgarten
· Alice Finst · Derline Peirre-Louis
· John Hallahan · Judi Wilkis
· Debra Kaiser, Ph.D. · Patricia Wright
· Jack Licht
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. FINAL BOUNDARY PLAT APPROVAL/HERITAGE CLUB: Approve the
boundary plat for Heritage Club (a.k.a. Park Place Townhomes), located on the south side of S.E.
10th Street between Federal Highway and Old Dixie Highway.
8.B. ACCEPTANCE OF EASEMENT DEEDS/TOWNPLACE AT DELRAY:
Approve and accept easement deeds from David Stem and Savion Developers, L.L.C. for the
maintenance of a sidewalk along N.E. 6th Avenue.
8.C. FLORIDA EAST COAST RAILWAY COMPANY (FEC)/ATLANTIC
AVENUE CROSSING: Approve payment in the amount of $45,453.57 to the Florida East
Coast Railway Company for reconstruction of thc East Atlantic Avenue crossing. Funding is
available from 334-3162-541-61.17 (General Construction Fund/Street Reconstruction).
8.D. RESOLUTION NO. 7%03: Approve Resolution No. 77-03 supporting
expansion of the membership of the Palm Beach Metropolitan Planning Organization (MPO) to
include voting representatives for Greenacres, Royal Palm Beach, and Wellington.
The caption of Resolution No. 77-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, SUPPORTING EXPANSION
OF THE MEMBERSHIP OF THE PALM BEACH
METROPOLITAN PLANNING ORGANIZATION TO
INCLUDE VOTING REPRESENTATIVES FOR THE TOWN
OF GREENACRES, VILLAGE OF ROYAL PALM BEACH
AND VILLAGE OF WELLINGTON.
(The official copy of Resolution No. 77-03 is on file in the City Clerk's office.)
8ogo
LICENSE AGREEMENT/WORLDWIDE ENTERTAINMENT~ INC:
Approve a license agreement between the City of Delray Beach and Worldwide Entertainment,
Inc. for events to be held at the Delray Stadium.
8.F. AGREEMENTNILLAGE FOUNDATION: Approve an agreement between
the City and the Village Foundation, Inc. in the amount of $52,130.00 for a partnership with the
Delray Beach Parks and Recreation Department for teen programming at Pompey Park. Funding
is available from 001-4127-572-83.01 (Parks & Recreation/C.S. Pompey Recreation
Facility/Other Grants and Aids).
8,Go
THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS
ITEM 9.A.2.
8.H. CHANGE ORDER NO. 2/REED LANDSCAPING~ INC.: Approve Change
Order No. 2 in the amount of a $43,426.16 decrease to Reed Landscaping, Inc. for the Lake Ida
Road Beautification Project. Funding is available from 119-4151-572-63.20 (Beautification
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11/18/03
Trust Fund/Landscaping/Beautification).
8.I~ REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
November 3, 2003 through November 14, 2003.
8.Jo
AWARD OF BIDS AND CONTRACTS:
1. Purchase award to Otto Industries Systems in the amount of $23,444.00
for the purchase of garbage carts with lids as a sole soume purchase.
Funding is available fi.om 433-3711-534-49.35 (Sanitation/Cart Renewal
and Replacement).
Mr. Costin moved to approve the Consent Agenda as amended, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion
passed with a 5 to 0 vote.
REGULAR AGENDA:
9.A. REQUEST TO REDUCE LIENS/COMMUNITY REDEVELOPMENT
AGENCY: Consider a request from the Community Redevelopment Agency (CRA) to waive
the interest and administrative fees in the amount of $3,547.03 assessed for abating nuisances on
property located at 222 S.W. 3ra Avenue. The Community Redevelopment Agency is prepared
to pay the remaining lien of $2,313.60. Staff recommends approval.
Due to a conflict of interest, Mayor Perlman stepped down and passed the gavel
to Vice Mayor Levinson.
Lula Butler, Director of Community Improvement, stated this is a request fi.om
the CRA to reduce a portion of the liens assessed for property located at 222 S.W. 3~d Avenue.
The CRA agrees to pay the City's out-of-pocket costs and noted the amount by which the liens
are to be reduced is $3,547.03. The CRA is willing to pay the remaining lien of $2,313.60. Staff
recommends approval of the request. Staff recommends approval of the request.
Mr. Costin moved to approve the request from the CRA to waive the liens in the
amount of $3,547.03 for property located at 222 S.W. 3rd Avenue with the provision that the
balance of the liens will be paid within 30 days, seconded by Ms. McCarthy. Upon roll call the
Commission voted as follows: Ms. McCarthy - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Vice
Mayor Levinson - Yes. Said motion passed with a 4 to 0 vote.
At this point, the Commission moved to Item 9.A.1.
9.A. 1.
RECONSIDERATION OF THE CITY COMMISSION'S
DECISION/EXCEL RESTAURANT: The applicant is requesting a reconsideration of the
City Commission's denial of the conditional use request to allow the establishment of a 24-Hour
or Late Night Business to be located within 300 feet of residentially-zoned property for Excel
Restaurant, to be located within the Linton Square Shopping Center at the northeast comer of
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Linton Boulevard and Congress Avenue.
Ms. McCarthy moved to reconsider the Excel Restaurant Conditional Use request
at the December 2, 2003 regular meeting, seconded by Mrs. Archer. Upon roll call the
Commission voted as follows: Mayor Perlman - No; Mr. Costin - No; Mrs. Archer - Yes; Mr.
Levinson - No; Ms. McCarthy - Yes. Said motion to reconsider the Conditional Use request
was DENIED with a 3 to 2 vote.
9.A.2.
UTILITY IMPROVEMENT AGREEMENT/CITY CENTER
DEVELOPMENT~ L.L.C.: Approve a utility agreement between the City and City Center
Development, L.L.C., developers of Ocean City Lofts, in the amount of $59,970.00 for the
installation of utility improvements (sanitary sewer, drainage, and reclaimed water) on N.E. 4th
Avenue. Funding is available from 441-5181-536-65.96 (Reclaimed Water Transmission), 442-
5178-536-63.51 (Sanitary Sewer Upgrades), and 448-5461-538-65.81 (N.E. 4th Avenue).
Mr. Levinson declared a conflict of interest with this item.
Ms. McCarthy moved to approve the Utility Improvement Agreement/City Center
Development, L.L.C., seconded by Mr. Costin. Upon roll call the Commission voted as follows:
Mr. Costin - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion
passed with a 4 to 0 vote.
9.._.~B. REQUEST TO REDUCE LIENS/ARSALI: Consider a request from Mr.
Nicholas Arsali to waive the interest and administrative fees totaling $3,443.38 assessed for
abating nuisances on property located at 231 N.W. 8th Avenue. Mr. Arsali is prepared to pay the
City's out-of-pocket expenses in the amount of $7,329.90. Staff recommends approval.
Lula Butler, Director of Community Improvement, stated this item is a request
from Nicholas Arsali (private investor) who has acquired a lot located at 231 N.W. 8th Avenue
and has a pending sales contract with the CRA. He intends to make this lot available to the
Renaissance Program under the City's Affordable Housing Program. The total assessed amount
is $10,773.28 and the City's actual out-of-pocket costs are $7,329.90. Mr. Arsali is requesting a
reduction in the lien equal to the accrued interest and administrative fees in the amount of
$3,443.38. Staff recommends approval of the request.
Mr. Levinson moved to approve the request from Mr. Arsali to waive the interest
and administrative fees in the amount of $3,443.38, seconded by Ms. McCarthy. Upon roll call
the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy -
Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote.
9.C. REQUEST TO REDUCE LIENS/ROBINSON: Consider a request from Ms.
Jacqueline Robinson to waive the interest and administrative fees totaling $1,156.06 assessed for
abating nuisances on property located at 45 S.W. 13th Avenue. Ms. Robinson is prepared to pay
the City's out-of-pocket expenses in the amount of $4,617.28. Staff recommends approval.
Lula Butler, Director of Community Improvement, stated this item is a request
from Ms. Jacqueline Robinson (property owner) to have liens reduced by 100% and staff
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11/18/03
recommends being consistent with the policy adopted by the City Commission and waiving the
reduction based upon the amount of assessed interest and administrative fees. Mrs. Butler
explained Ms. Robinson currently has a contract for sale of this property to Grayhawk
Development Corporation which is one of the local builders under the Renaissance Program and
he intends to build a single family home on this property under the City's Affordable Housing
Program. Ms. Robinson is prepared to pay the City's out-of-pocket expenses in the amount of
$4,617.28. Staff recommends approval of a reduction of the liens in the amount of $1,156.06.
Mrs. Archer moved to approve a reduction of the liens for Ms. Jacqueline
Robinson for property located at 45 S.W. 13th Avenue as recommended by staff, seconded by
Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion
passed with a 5 to 0 vote.
9.D. RESOLUTION NO. 78-03: Consider approval of Resolution No. 78-03
author/zing the City of Delray Beach to issue Revenue Bonds not to exceed $9,685,000 for the
purpose of refinancing the City's 2002A, 2002B, and 1999 Revenue Bonds, and the cost
associated with the new library project.
The caption of Resolution No. 78-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF
NOT TO EXCEED $9,685,000 IN AGGREGATE PRINCIPAL
AMOUNT OF REVENUE REFUNDING AND IMPROVEMENT
BONDS, SERIES 2003, OF THE CITY OF DELRAY BEACH,
FLORIDA FOR THE PURPOSE OF REFINANCING CERTAIN
OUTSTANDING REVENUE OBLIGATIONS OF THE CITY AND
FINANCING CERTAIN CAPITAL COSTS ASSOCIATED WITH A
NEW LIBRARY PROJECT AND PAYING ALL INCDENTAL AND
NECESSARY COSTS RELATING THERETO; DETERMINING THE
NEED FOR A NEGOTIATED SALE OF SUCH BONDS TO
SUNTRUST BANK; PROVIDING FOR THE TERMS AND PAYMENT
OF SAD REVENUE REFUNDING AND IMPROVEMENT BONDS,
SERIES 2003, AND THE RIGHTS, REMEDIES AND SECURITY OF
THE OWNERS THEREOF; MAKING CERTAIN COVENANTS
RELATING TO THE ISSUANCE OF SAID REVENUE REFUNDING
AND IMPROVEMENT BONDS, SERIES 2003; APPROVING THE
FORM OF AND AUTHORIZING THE EXECUTION OF A BOND
PURCHASE AGREEMENT WITH SUNTRUST BANK;
DESIGNATING THE REVENUE REFUNDING AND IMPROVEMENT
BONDS, SERIES 2003 AS "QUALIFIED TAX-EXEMPT
OBLIGATIONS" WITHIN THE MEANING OF SECTION 265(b) OF
THE INTERNAL REVENUE CODE OF 1986, AS AMENDED,
AUTHORIZING THE PROPER OFFICERS OF THE CITY TO DO ALL
OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN
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CONNECTION WITH THE ISSUANCE OF SAID BONDS; AND
PROVIDING FOR AN EFFECTIVE DATE.
(The official copy of Resolution No. 78-03 is on file in the City Clerk's office.)
The City Manager stated this is to refinance the short term borrowing in
conjunction with the high school property and the Barwick property acquisition and sale. In
addition, the City Manager stated to finance the parking garage for the library and to refinance
1990 Revenue Bonds because the City can get a better interest rate.
Ms. McCarthy moved to approve Resolution No. 78-03, seconded by Mr. Costin.
Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes;
Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0
vote.
9oEo
PROPOSAL FOR SETTLEMENT IN MARTINEZ v. CITY OF DELRAY
BEACH: Consider a Proposal for Settlement in the amount of $5,000.00 in Martinez v. City of
DelrayBeach. Staffrecommends acceptance.
Mr. Costin moved to approve the settlement in Martinez v. City of Delray Beach,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Perlman -
Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said
motion passed with a 5 to 0 vote.
9oF,
PROPOSAL FOR SETTLEMENT IN ERNESTO FIGUEROA v. CITY OF
DELRAY BEACH: Consider a Proposal for Settlement in the amount of $50,000.00 in Ernesto
Figueroa v. City of Delray Beach. Staff recommends denial.
Mrs. Archer moved to approve the proposal for settlement in Emesto Figuero v.
City of Delray Beach, seconded by Mr. Levinson. Upon roll call the Commission voted as
follows: Mr. Costin - No; Mrs. Archer - No; Mr. Levinson - No; Ms. McCarthy - No; Mayor
Perlman - No. Said motion was DENIED with a 5 to 0 vote.
9.G. APPOINTMENTS TO THE EDUCATION BOARD: Appoint two (2) student
members to the Education Board, one (1) for a two (2) year term ending July 31, 2005 and one
(1) for a one (1) year term ending July 31, 2004. Based on the rotation system, the appointments
will be made by Commissioner Levinson (Seat #3) and Commissioner McCarthy (Seat #4).
Mr. Levinson moved to appoint Jessica Thomas as a member to the Education
Board for a two term ending July 31, 2005, seconded by Mrs. Archer. Upon roll call the
Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes;
Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote.
Ms. McCarthy moved to appoint Charline Guillaume as a member to the
Education Board for a one year term ending July 31, 2004, seconded by Mrs. Archer. Upon roll
call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote.
11/18/03
9.H. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint
the following members to the Nuisance Abatement Board; two (2) regular members for
unexpired terms ending March 31, 2004 and March 31, 2005 and one (1) alternate member for
an unexpired term ending March 31, 2005. Based upon the rotation system, the appointments
will be made by Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), and
Mayor Perlman (Seat #5).
Mr. Levinson stated he wished to defer his appointment until the regular meeting
of December 2, 2003.
Ms. McCarthy moved to appoint Joe Williams as a regular member to the
Nuisance Abatement Board for an unexpired term ending March 31, 2005, seconded by Mr.
Costin. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman
- Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5
to 0 vote.
Mayor Perlman stated he wished to appoint Susan Kay as an alternate member to
the Nuisance Abatement Board for an unexpired term ending March 31, 2005. Mr. Costin so
moved, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor
Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes.
Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 11, Comments and Inquiries on
Non-Agenda Items from the City Manager and the Public.
ll.A.
City Manager's response to prior public comments and inquiries.
With regard to a concern expressed by Commissioner McCarthy about street
lights not working at Lake Ida Road and N.W. 5th Avenue, the City Manager stated there is a
service ticket (#9707) assigned from FP&L to repair those lights and staff will be contacted
when the work is completed.
With regard to a concern expressed by Commissioner Archer about the
nonfunctional barricade lighting at Linton Boulevard and Homewood Boulevard, the City
Manager stated this is a Palm Beach County project and staff has contacted the Palm Beach
County Construction Coordination Division as well as onsite County inspection staff and
contractor's representatives and request that they verify and maintain the operational status of all
the construction barricades and associated lighting throughout the project.
Mr. Levinson stated the evening of March 2, 2004 is the beginning of Palm Beach
County Day in Tallahassee and therefore the regular City Commission meeting scheduled for
March 2, 2004 has to be rescheduled. It was the consensus of the Commission to reschedule the
Regular City Commission meeting from March 2, 2004 to Thursday, March 11, 2004
immediately following the Special Meeting.
Mayor Perlman stated he has a conflict with the regular City Commission meeting
scheduled for January 22, 2004 because he will be attending the U.S. Conference of Mayors. It
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11/18/03
was the consensus of the Commission to reschedule the Regular City Commission meeting from
January 22, 2004 to January 13, 2004 immediately following the Workshop meeting, however
there will still be a Special meeting on January 22, 2004 to ratify the Bond Election.
ll.B.
From the Public.
ll.B.1. Jayne King, 3400 Place Valencay, Delra¥ Beach, (President of Progressive
Residents of Delray), speaking on behalf of PROD, stated at the October 21, 2003 regular City
Commission meeting insulting comments were made about a progressive organization of
residents. Mrs. King requested an apology both in writing within 48 hours and this evening.
ll.B.2. Jim Smith, 1225 S. Ocean Boulevard, Delray Beach, expressed concerns over
the lack of staffing in the MIS Department and suggested the City hire a computer programmer.
Mr. Smith stated this would be an investment because the end result will be obtained more
quickly of having an online permitting system. Mr. Smith urged the Commission to reconsider
its goals.
ll.B.3. Jean Beer, 2145 S.W. 26th Terrace, Delra¥ Beach, stated she has spent many
years working hard to make the city a better place and commented she has taken many stands
that have been labeled negative or impossible. Mrs. Beer stated there are times when people
have an opinion different fi'om the "accepted" opinion and urged the Commission to value the
opinions of everyone and listen to both sides of the story.
ll.B.4. Lisa Schucher~ 2702 Peer Lane, Delray Beach, stated she is a resident of
Imperial Villas and the roofing conditions are a disaster. Mrs. Schuchert stated the homeowners'
were very concerned when the project was initiated and they tried to approach the Board with
their concerns. Mrs. Schuchert stated the Board ignored concerns of the homeowners' and this is
when they brought it to the City's attention. Mrs. Schuchert stated she would like to know who
attended the recent meeting between the Imperial Villas Board and the City and what was
discussed. Mrs. Schuchert stated the Board is not listening to the people and the homeowners'
who live in Imperial Villas year round need to be protected.
The City Manager stated Mrs. Butler did inform him there may be some people in
attendance this evening from Imperial Villas and reiterated that the City is not going to get in the
middle of this dispute. Furthermore, the City Manager stated the City is not going to give a final
inspection or certificate of occupancy until the roofs meet Code and the contractor and Board
have been informed of such. The City Manager stated staff will contact her with the results of
the meeting.
At this point, the time being 7:00 p.m., the Commission moved to the duly
advertised Public Hearings portion of the agenda.
PUBLIC HEARINGS:
10.A. ORDINANCE NO. 45-03: An ordinance rezoning from AC (Automotive
Commercial) to GC (General Commercial) for a 0.73 acre parcel of land located at the southwest
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11/18/03
comer of S.E. 6th Avenue (northbound Federal Highway) and S.E. 9th Street (550 S.E. 9th Street).
Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public
heating has been scheduled to be held at this time. Quasi-JudicialHearing
The caption of Ordinance No. 45-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZON1NG AND
PLACING LAND PRESENTLY ZONED AC
(AUTOMOTIVE COMMERCIAL) DISTRICT TO GC
(GENERAL COMMERCIAL) DISTRICT; SAID LAND
BEING A PARCEL OF LAND LOCATED AT THE
SOUTHWEST CORNER OF SE 6TM AVENUE
(NORTHBOUND FEDERAL HIGHWAY) AND SE 9TM
STREET, AS MORE PARTICULARLY DESCRIBED
HEREIN; AMENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA, APRIL 2003"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTWE DATE.
(The official copy of Ordinance No. 45-03 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Mayor Perlman read into the record the City of Delray Beach procedures for
conducting a Quasi-Judicial Hearing for this item.
The City Clerk swore in those individuals who wished to give testimony on this
item.
Mayor Perlman asked the Commission to disclose any ex parte communications.
No ex parte communications were disclosed.
Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning
project file #2003-357 as well as #94-085.
Mr. Dorling stated currently the site has a 2,490 square ft. structure and associated
parking. The building was constructed in 1976 as a service building associated with the Wallace
Ford auto dealership and since then the structure has been occupied by Meineke Muffler and re-
occupied by Cottman Transmission Center (a specialized service shop), which vacated the site
earlier this year and the owner is now seeking a rezoning from AC (Automotive Commercial) to
GC (General Commercial).
At is meeting of October 20, 2003, the Planning and Zoning Board held a public
hearing and recommended approval of this rezoning request.
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11/18/03
Salvatore Ciccone, Attorney representing the parties to a lease for this particular
commercial location, stated this location was once a Meineke Muffler Store and in staff's
recommendation for approval they would like a storefront fagade created where the overhead
doors are which was used for vehicles to pull in for service. Mr. Ciccone stated this is a very
expensive and permanent change that is being recommended in order for this property to become
a viable commercial location. Mr. Ciccone stated he appreciates the City recommending
approval; however, with regard to the detailed improvements such as removing the overhead
service bay doors and creating a storef~ont facade, he feels this is beyond the means of the tenant
who signed a lease to use this commercial location. Mr. Ciccone stated his client respectfully
requests approval of the rezoning.
Mayor Perlman declared the public hearing open. There being no one from the
public who wished to address the Commission regarding Ordinance No. 45-03, the public
hearing was closed.
Mr. Ciccone stated it was noted in the Planning and Zoning Report that there is a
handicap facility problem and this was a Meineke Muffler store beforehand. Being that the
storefront fagade is on 9th Street, Mr. Ciccone asked what type of violation his client would be in
if they were to have an occupational certificate with regard to handicapped persons. In response,
Mr. Dorling stated they have to comply with handicap requirements and stated this would be a
site plan issue and not a zoning issue.
Mr. Dorling stated when there is a GC (General Commercial) district which does
not allow auto related uses then it becomes appropriate to go through a site plan modification and
to make it a retail fagade. Mr. Dorling noted this would be a permanent change; however, if the
rezoning is being changed to GC which allows retail uses then it is appropriate because auto uses
are not allowed in the GC district. Therefore, Mr. Dorling stated the zoning is being changed
from auto to retail. Mr. Dorling stated there was a situation where there was an auto use and a
furniture store used the auto bay areas to display furniture and the overhead doors were lifted for
retail sales. Mr. Dorling stated any renovation changes need to go through the site plan
modification process and this site does not lend itself to any outside display.
Mr. Ciccone reassured the Commission that there would be no issue with outside
storage.
Mr. Costin asked Mr. Dorling who is initiating this rezoning. In response, Mr.
Dorling stated this is a privately initiated petition by the property owner.
Mr. Levinson stated he has no problem with the rezoning of GC (General
Commercial) assuming there were no modifications to the building and asked what would
precipitate a SPRAB review. In response, Mr. Dorling stated a change in use would precipitate a
SPRAB review.
Mrs. Archer moved to adopt Ordinance No. 45-03 on Second and FiNAL Reading
subject to the findings in the Planning and Zoning Staff Report, seconded by Mr. Costin. Upon
roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson
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11/18/03
-Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote.
10.B. ORDINANCE NO. 42-03 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending Chapter 4, "Zoning Regulations", of the Land
Development Regulations, Section 4.3.3(V) "Uses Involving Alcoholic Beverages" to provide
for a definition of alcoholic beverage that is consistent with State Statutes and a distance
limitation between Stand Alone Bars. 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 caption of Ordinance No. 42-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH, AMENDING APPENDIX "A", BY
AMENDING ALL DEFINITIONS RELATING TO
ALCOHOLIC BEVERAGES AND ENACTING SOME NEW
DEFINITIONS RELATING TO ALCOHOLIC BEVERAGES;
AMENDING CHAPTER FOUR, "ZONING
REGULATIONS"; SECTION 4.3.3(V), "USES INVOLVING
ALCOHOLIC BEVERAGES", IN ORDER TO PROVIDE
FOR A DEFINITION OF ALCOHOLIC BEVERAGE THAT
IS CONSISTENT WITH STATE STATUTES AND A
DISTANCE LIMITATION BETWEEN STAND ALONE
BARS; PROVIDING A SAVINGS CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 42-03 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.
Paul Dorling, Director of Planning and Zoning, stated the proposed amendment is
being processed in order to obtain consistency with State Statutes as they relate to the definition
of Alcoholic Beverages; and, to provide clarification regarding the distance limitation between
stand alone bars and provide specific distances.
At its meeting of October 20, 2003, the Planning and Zoning Board held a public
hearing regarding this item and after discussion the Board voted 4-0 (Borchardt, Pike and
Woehlkens absent) to recommend approval of the proposed amendment to LDR Appendix "A"
"Definitions" and Section 4.3.3(V) "Uses Involving Alcoholic Beverages", in order to provide
for a definition of alcoholic beverage that is consistent with State Statutes and a distance
limitation between Stand Alone Bars, based upon positive findings with LDR Section 2.4.5(M).
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11/18/03
Mayor Perlman declared the public hearing open. There being no one who
wished to address the Commission regarding Ordinance No. 42-03, the public hearing was
closed.
Mrs. Archer moved to adopt Ordinance No. 42-03 on Second and FINAL
Reading, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs. Archer
- Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes.
Said motion passed with a 5 to 0 vote.
10. C.
ORDINANCE NO. 43-03 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending Chapter 4, "Zoning Regulations", of the Land Development
Regulations, Section 4.3.3(AA) "Adult Entertainment Establishments" to amend the distance
limitation between any adult entertainment establishment and alcoholic beverage establishment.
If passed, a second public hearing will be scheduled for December 2, 2003. Prior to
consideration of passage of this ordinance on First Reading, a public heating has been scheduled
to be held at this time.
The caption of Ordinance No. 43-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH, AMENDING CHAPTER FOUR,
"ZONING REGULATIONS"; SECTION 4.3.3(AA), "ADULT
ENTERTAINMENT ESTABLISHMENTS", IN ORDER TO
AMEND THE DISTANCE LIMITATION BETWEEN
ALCOHOLIC BEVERAGE ESTABLISHMENTS AND
ADULT ENTERTAINMENT ESTABLISHMENTS IN
ORDER TO PROVIDE FOR A DISTANCE OF TWO
HUNDRED (200) FEET BETWEEN ANY ALCOHOLIC
BEVERAGE ESTABLISHMENT AND ANY ADULT
ENTERTAINMENT ESTABLISHMENT; PROVIDING A
SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 43-03 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.
Paul Dorling, Director of Planning and Zoning, stated at its meeting of October
20, 2003, the Planning and Zoning Board recommended approval of an LDR amendment
regarding distance limitations between alcoholic beverage establishments and adult
entertainment establishments. The amendment included changing the distance limitation
between any alcoholic beverage establishment and any adult entertainment establishment from
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11/18/03
750 feet to 200 feet. The amendment also included a change to the manner in which the distance
is measured from lot line to lot line along a straight airline route, to the shortest route of ordinary
pedestrian travel.
At its meeting of November 17, 2003, the Planning and Zoning Board
recommended approval subject to the positive findings necessary in the LDR's.
The City Attorney stated on page three of the ordinance the forward slash
between the words Railroad/Corridor should be omitted.
Mayor Perlman declared the public hearing open. There being no one who
wished to address the Commission regarding Ordinance No. 43-03, the public hearing was
closed.
Ms. McCarthy moved to approve Ordinance No. 43-03 on FIRST Reading/First
Public hearing, seconded by Mr. Levinson. Upon roll call the Commission voted as follows:
Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs.
Archer - Yes. Said motion passed with a 5 to 0 vote.
IO.D.
ORDINANCE NO. 44-03 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending Chapter 113, "Alcoholic Beverages", of the City Code of Ordinances,
Section 113.20 "Prohibition of Nudity, Partial Nudity and Sexual Conduct at Alcoholic Beverage
Establishments" to change distance limitations and include Stand Alone Bars. If passed, a
second public hearing will be scheduled for December 2, 2003. Prior to consideration of this
ordinance on First Reading, a public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 44-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, AMENDING CHAPTER 113, "ALCOHOLIC
BEVERAGES", SECTION 113.20, "PROHIBITION OF
NUDITY, PARTIAL NUDITY, SEXUAL CONDUCT AT
ALCOHOLIC BEVERAGE ESTABLISHMENTS",
SUBSECTION (A) "DEFINITIONS", IN ORDER TO
PROVIDE FOR THE INCLUSION OF STAND ALONE
BARS IN THE DEFINITION OF ALCOHOLIC BEVERAGE
ESTABLISHMENT; AMENDING SUBSECTION (C) IN
ORDER TO PROVIDE FOR A DISTANCE OF TWO
HUNDRED (200) FEET BETWEEN ANY ALCOHOLIC
BEVERAGE ESTABLISHMENT AND ANY
ESTABLISHMENT PERMITTING NUDITY; PROVIDING A
SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
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11/18/03
(The official copy of Ordinance No. 44-03 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.
Ten-ill Pyburn, Assistant City Attorney, stated the changes to this ordinance are
substantially the same as the changes to LDR Section 4.3.3(AA).
The City Attorney stated on page three of the ordinance the slash between the
words Railroad/Corridor should be omitted.
Mrs. Archer asked for clarification why this is being reduced fi.om 700 feet to 200
feet. Ten-ill Pybum, Assistant City Attorney, stated this is a result of recent legal studies and
staff would like to update the ordinance to make it consistent with new case law.
Mayor Perlman declared the public hearing open. There being no one who
wished to address the Commission regarding Ordinance No. 44-03, the public hearing was
closed.
Mrs. Archer moved to approve Ordinance No. 44-03 on First Reading/First Public
Heating, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion
passed with a 5 to 0 vote.
At this time, Mayor Perlman reopened and continued with Item 11, Comments
and Inquiries on Non-Agenda Items from the Public.
11.B.5. Patricia Wright, 255 N.W. 14th Avenue, Delra¥ Beach, expressed concern over
1331 N.W. 3rd Street and stated there is now trash in the yard and no landscaping. Mrs. Wright
stated this property has been vacant for years and commented it is a real nuisance.
The City Manager stated staff will provide Mrs. Wright with an update.
11.B.6. Virginia Snyder, 38 S. Swinton Avenue, Delra¥ Beach, expressed concern over
a house (3rd house from Doe's on Swinton Avenue) which has been an eyesore for many years.
In addition, Mrs. Snyder stated a house located on 9th Street has been boarded up and vacant for
years and it too is an eyesore. Mrs. Snyder urged the City to review the Codes to enforce that
either the owner fixes the structure, demolish it or sell it.
FIRST READINGS:
None.
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11/18/03
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager.
The City Manager commented about an email the Commission received from Jim
Smith following the death of a bicyclist at Congress Avenue and S.W. l0th Street. The City
Manager stated Congress Avenue is a County Road and north of Atlantic Avenue has been
resurfaced and re-stripped so that there is an undesignated bicycle lane on both sides. The City
Manager stated the area south of Atlantic Avenue has not been completed yet.
13.B. Ci,ty Attorney.
The City Attorney had no comments or inquiries on non-agenda items.
13.C.
City Commission.
13.C.1.
Commissioner Archer
Mrs. Archer stated she attended the "Principal for a Day" reception at the Marriott
and commented about a man who parked in the north lot at the Marriott who placed money in the
parking meter and discovered the parking meter was not working properly. Consequently, Mrs.
Archer stated the man received a ticket and she explained to the parking meter specialist that this
man placed money in the meter but the meter stayed at zero. Mrs. Archer stated the parking
meter specialist suggested having the parking meters checked both in this lot and on the area
south of Atlantic Avenue across from Boston's Restaurant to ensure the parking meters are
working properly.
Mayor Perlman stated he received a request from one of the retailers along Ocean
Boulevard asking the City to provide a change machine because people are going into the stores
for quarters to park at the beach.
13.C.2.
Commissioner Costin
Mr. Costin stated he was in north Georgia recently and commented about an area
outside of Atlanta where they recently boosted their parking meter fee to .25 cents per 8 ½
minutes to control parking and pedestrian traffic.
Secondly, Mr. Costin stated he too attended the "Principal for a Day" reception
and commented that he was very impressed with the program. Mr. Costin stated Tom Lynch
gave his dissertation and he was amazed at all the information Mr. Lynch related as to what is
happening with the School Board.
Mr. Costin stated he attended the Harvest Fest over the weekend and commented
on how well it was attended. In addition, Mr. Costin stated he also had the opportunity to see the
Pilgrim Belle at Veteran's Park and commented it is a beautiful boat.
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11/18/03
13.C.3.
Commissioner McCarthy
Ms. McCarthy stated we are approaching one of the busiest times of the year and
commented during this period of time she will be traveling out of state for family obligations,
etc. Ms. McCarthy suggested this be discussed at a Workshop meeting since the Commission
usually tries to make sure that at least one of them is in attendance for some of the special
occasions.
13.C.4.
Commissioner Levinson
Mr. Levinson extended kudos to Bruce Nelson, CEO of Office Depot, who flew
down from New York to attend the "Principal for a Day" reception and then flew back to New
York immediately.
Mr. Levinson thanked Mayor Perlman for attending the pension seminar on behalf
of the Commission.
Mr. Levinson stated he read the Police report which the Commission receives
monthly and complimented Captain Musco for his initiative with removal of junk cars and
abandoned shopping carts.
13.C.5.
Mayor Perlman
Mayor Perlman announced that tomorrow evening is the reconvening of the
Leadership Summit from 6:00-7:30 p.m. and suggested that the Commission review their goals.
Secondly, Mayor Perlman stated he will be meeting with the Steering Committee
tomorrow morning.
Mayor Perlman read into the record (a copy is attached hereto and made an
official part of the minutes) his opinion of the rules in politics.
There being no further business, Mayor Perlman declared the meeting adjourned
at 7:45 p.m.
City Clerk
ATTEST:
MAYOR
-18-
11/18/03
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the Minutes of the Regular City Commission Meeting held on November 18,
2003, which Minutes were formally approved and adopted by the City Commission on
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they are not
the official Minutes of the City Commission. They will become the official Minutes only after
review and approval which may involve some amendments, additions or deletions as set forth
above.
-19-
11/18/03
FORM 8B, MEMORANDUM OF VOTING CONFLICT FOR
coUNTy, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
Perlmant Jeffrey Z.
971Delray Lakes Drive
Delray Beach~ Florida
11/18/03
COUN~
33444 Palm Beach
Delray Beach City Comanission
THE BOARD. COUNCIL. COMMISSION, A~THORITY OR COMMITTEE ON
W~ICH I SERVE I~ A UNIT OF:
r~ CITY (3 COUNTY CI OTHER LOCAL AG~ENCY
City of Delray Beach
WHO MUST FILE FORM 8B
This form is for use by any pemon serving at the county, city, or other local level of government on an alNX)inted or elected board, council,
commission, authority, or committee. It applies equally to membem of advisory and no~-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143. Flodda Statutes,
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her spocial pdvate gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or less of a pdncipel (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special pdvate gain or loss of a relative: or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S.. and officers Of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law. a "relative" includes only the officer's father, mother, son, daughter, husband, ~ife. brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A 'business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
, In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating fo the assembly the nature of your interest in the measure on which you
are abstaining fi'om voting; and
WITHIN 15 DAYS At- ~ ~-R THE VOTE OCCURS by completing and filing this form with the person respe~sible for recording the min-
utes of the meeting, who should incorporete the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you other~so may participate in these matters. However. you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether mede
by you or at your direction.
IF YOU INTEND TO MAKE ANY A~FI'EMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
· You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side),
CE FORM 8B - F_FF. 1/2000 '- ~ PAGE 1
APPOINTED OFFICERS (continued)
· A COpy oft~e form must be prouide~ immediately to the other members of the agency.
· The form must be read publicly at the next meeting after the form is fdad.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You must disclose ~'ally the nature o~ yoor conflict in the mea~. ute before participating.
· YOu must complete the fofln and file it within 15 days after {he vo{e occu~ with the person mstoonsible fo~ l'e~onfmg the'minutes Of the
meeting, who i~ust inco~te the fo~n in the minutes. A copy of the form must be pn3vided immediately to the other members of the
agency, and the form must be read publi~y at the next meeting alter the form is tiled.
DISCLOSURE OF LOCAL OFRCER'S INTEREST
I. Je,ffrey Z. Per[man - , hereby discinse that on ~dvember !8, v 20 03 ...
(al A measure came or will come before my agency which (che~k one)
inured to my special pdvate gain or inss;
~ inured ~o h"~e sPe~al gain or less of my business associate. , T , , r
_Z. inurad to the spacial gain or lass of my relative. Diane Colonna
inured to the special gain or loss of
whom I am retained; or
__ inurad't~th~-spacialgalrt~r-lt)ssd, , , .~. ,
is,the ~aren! organizatkm er subsidiary of a I~i~,,lpal which has retained me.
Tbe measure before my agenw and th~ na~m of my conflicting int~ in t~e measure ~ as ~lOws:
Diane C01onna, my wife,, ts director of :he Commun~:y [edeve[opmen: Agency
[ have a conE[i~:'vo:ing on i:ems tha: direc:[y a~gec: :heCommu~icy
[edeve[opmenc Agency.
NOTICE: UNDER PROVISIONS OF FLORIDA STPcTL4TES §112;3~7, A FAILURE TO MAKE AN'i~ REQUIRED DISCLOSURE:'
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWINO: IMP,~CHMEIqT.
REMOVAL. OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION. REDUCTION tN SALARY. REPRIMAN0. OR A
CIVIL PENALTY NOT TO EXCEED $10.000.
CE FORM 88 - EFF. ~1/2000 pAGE 2
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
~AILING Al)DRESS
APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at tl{i~ C°Ur~ty, city, or other local level of govemmen[ o'n '~n appointed or elected beard, council,
commission, authodty, or committee. It applies equally to membem of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Flodda Statutes. ~.
Your responsibilities under the law when facad with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and tiling the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elaoted or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (includieg the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissionem of community redevelopment agencies under Sec. 163.356 or
163.357, F.S. and officers of ir~dependent sp, e, ci~l,tax districts elected on a one-~ac~e, ~ne-vote basis are not proh. ibited from voting in that
capacity.
For purposes of this law. a 'relative" includes only the offiosr's father, mother, son. daughter, husband, wife, brother, sister, father-in-law.
mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in '6r carrying on a business
enterprise with the ofticar es a partner, joint venturer, ~0owner of property, or coq3orate shareholder (where the shares of the co~ooration
· are not Ilatnd on any natk~al or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described abeve, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and tiling this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes. ' ,
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the contiict pefore making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU iNTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
· You must complete and file this form (before making any attempt to influence the decision) with the person responsible for ~ng the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on olher side)
APPOINTED OFFICERS (continued)
· A copy of the fonTt must be provided immediately to the other members of the agency.
· The form must be mad publicly at the next meeting after the form s filed
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You must dtsctoee orally the nature of your conflict in the measure before participating.
· You must complete the fown and file it within, 15 days alter the vote occt)rs With the pa~s~3~ responsible for recordi~tg the ~linutes ~ the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed. -~
DISCLOSURE OF LOCAL OFFICER°S INTEREST
(a) A measure came or will come before my agency which (check one)
~( inured to my special ixivate gain or k~s;
inured to the special gain or loss of my business associate, ;
inured to the special gain or loss of my relative, . ;
inured to the special gain or loss of , by
whom I am retained; er
Inured to~e special gain or loss of . , which
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
Date Filed S~ ~.,~ .
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO dAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT.
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED
CE FORM 8B- EFF. 1/2000
PAGE 2
There are two rules in politics. One rule says if you are attacked, you
should ignore it. The rationale being that if you give an attack
attention, you somehow dignify it and make it an issue. The other rule
says that if you don't answer an attack, the lack of response indicates
that the attack is somehow true.
Well, I'm not really sure which piece of this paradoxical advice that I
believe in_.I guess I'm just going to deal with these things on a case
by case basis.
And in this case, I am going to respond.
There were two articles written about our recent vote against the Excel
Restaurant.
One a news story and one a piece of_.what I guess passes for
commentary. Both appeared in the Sun-Sentinel.
First,the news story. In it, the reporter quotes a leader in our
community saying that minority nightclubs would not be welcomed until
there was more than one person of color on the City Commission.
I am deeply hurt by this comment because it strikes at the core of what
this city and particularly this city commission has been about.
For the past three years, we have worked long and hard on healing
racial wounds, rebuilding neighborhoods and breaking down boundaries
both real and imagined. We have invested our time, our hearts, our
emotions and the taxpayers money in an effort to build community unity.
We have not done this for political gain or for personal
aggrandizement...there is no glory in this type of work. If I wanted
votes, I would be spending my evenings in gated retiree communities not
in un-air-conditioned halls in the southwest section.
We have made the investment of time, money and resources because it is
the right thing to do. It is the moral thing to do.
The path we have chosen to take as a commission has not been the easy
one. Not to take anything away from our predecessors, whom I admire and
deeply respect, but their direction was more clear cut than ours. Some
of us in Delray weren't here when this city was sick and decaying. I
was. And it took a lot of hard work to get us moving again. But
previous commissions had money from the Decade of Excellence and a
blueprint called Visions 2000.
Our predecessors got the ball rolling, they beautified the city, they
created an atmosphere that filled the shops and the streets and we owe
them all a tremendous debt of gratitude.
But in many ways, our job is much more difficult. The tough stuff
remains. We know what that is, don't we? And we have not backed away
from issues such as redeveloping the Southwest section, remaking West
Atlantic Avenue, dealing with mistrust and the myriad challenges that
come with success.
The Sun-Sentinel raised the issue on Sunday and again today, so let's
deal with the issue of race relations.
Dealing with this issue is hard. It is time-consuming. And progress is
made in tiny increments if at all.
Building trust where none exists, forging relationships where there is
scant history of collaboration or friendship is very, very difficult.
Sometimes you feel, deep down inside, like you are making
progress .... and other times you feel that you have undertaken an
impossible task.
There is no rule book when it comes to building community. There are no
best practices to refer to when you are trying to construct
partnerships and friendships in communities where this city has had
little involvement and not enough investment for decades.
But the concept of con~nunity unity and inclusiveness is the very
foundation of this city's success. It has been and still is the
governing philosophy of this and past commission's.
You know some people make fun of our status as an All America City.
Just this morning, I picked up the newspaper and a smug columnist with
no investment of time or emotion in this community and even less
knowledge of Delray poked fun at us being an All America City.
But that title means something to me. And it means something to a lot
of people who have worked hard to make this city a better place than it
was yesterday and continue to work hard to make sure we are a better
city tomorrow.
We are not an All America City because we are perfect. I love this city
as much as anyone and I can tell you that we are far from perfect. I
see the strengths and I see our weaknesses. I know where we have come
from and I know what we are.., and even more important what we can be.
16 years ago, as a young reporter, I came to Delray Beach and I spent
as much time in people's living rooms as I did at City Hall. I got fo
know people like Vera Farrington, Mr. and Mrs. Pompey, Elizabeth Wesley
and David Randolph. They were giants.
They shared with me their history in this city and gave me a working
knowledge of their experiences, both good and bad in Delray Beach.
I remember the conversations that we had and I remember the lessons
that I've been taught. And I carry that experience with me every day
that I serve this city.
I can list chapter and verse, the resources that this Commission has
supported, fought for and insisted upon for neighborhoods and people
who have been underserved for decades.
We can start, with this commission's insistence that our CRA have more
minority representation and more sensitivity to the concerns of
minority neighborhoods. Today, four of seven CRA commissioners are
minorities and several have business interests on West Atlantic Avenue.
This commission re-focused the CRA to concentrate on the gateway to our
city and they have.., to the tune of $12 million over the next five
years.
In the past three years, we have completed a Downtown Master Plan that
included a racism workshop and a Southwest Neighborhood Plan that was
completely driven by the very people who live in that neighborhood. The
Downtown Plan redefines the boundaries of our downtown and even though
we have more work to do to break down the barriers between East and
West, we have officially obliterated that distinction and that is a
vital first step.
We have beautified West Atlantic, we are listening to neighborhood
concerns in designing a gateway and we have remained committed to
community policing and neighborhood oriented planning.
Alberta and I sit on a committee charged with saving the West Settlers
Historic District. The city, CRA and county are working to restore
Northwest/Southwest Fifth Avenue and we are seeing the fruits of that
effort bloom already with the opening of several minority owned
businesses.
We are working closely with a raft of non-profits that serve minority
populations and have invested hundreds of thousands of dollars through
our Community Development Block Grant programs to help agencies that
serve thousands of Haitian immigrants and their children.
We are investing in diverse neighborhoods west of 1-95, including
Sudan, Delray Shores and Rainberry Woods. We have supported cultural
festivals for our Caribbean, African-American and Latino residents.
I can go on and on, I can talk about our police department's nationally
recognized efforts in the Haitian co--unity and programs such as the
Haitian patrol, Haitian Police Academy and Youth Enrichment Vocational
Center. I can talk about our continued outreach including a Haitian
radio show and our recent decision to be the first city to print an
election ballot in Creole.
Yes, we closed The Back Room, but only after receiving scores of
complaints from residents who couldn't sleep or find peace in their own
homes after a hard day at work.
Yes, we were concerned with a nightclub on Lake Ida and Congress when
brawls, fights and other illegal activity were reported to our police
department.
And yes, we have a long way to go.
But let me be perfectly clear. This Commission bases its public policy
decisions on what we feel is best for the long term good of our city.
We do this after receiving input from our residents, our staff and
finally our own independent analysis of the issue at hand. That is our
charge and responsibility in a representative Democracy.
The decision to approve or disapprove of the Excel Restaurant or any
other issue that comes before us is not dependent on whether we have
one, two, three, four or five minority commissioners. I don't operate
that way. And I can tell you, with absolute certainty, that nobody who
sits up here thinks that way. And if they did, they would be gone.
I'm usually a pretty even keel person, but I can tell you two types of
people that I have a visceral reaction to: Racists and bullies.
Another thing I don't care for is unfairness.
I don't think the Sentinel's conclusions are fair and I know they are
inaccurate.
I would have voted no regardless of the ethnicity of the operator in
question or the type of nightclub he or she wishes to operate.
It is their right and privilege to believe me or not. But I reserve my
right to tell the truth. My truth.
I know who I am.
I know also what the city I serve stands for. We may not be perfect.
Who is? But we are trying. And for the record, those conversations in
living rooms that I mentioned before...I'm still having them...just
about every day in churches and in meeting halls too.
I recognize better than most I think...that relationships will never be
ideal...that our work will never really end. But it is the journey and
the effort that matters. This city is taking that journey, we started
in the late 80s and we've picked up steam under Mayor Schmidt. And
we're not turning back on my watch.
PROCLAMATION
WHEREAS, pursuant to the Charter and Code of Ordinances of the
City of Delray Beach, Florida, the City has by resolution authorized a Bond Referendum
Election to be held on Tuesday, the 20m day of January, 2004; and
WHEREAS, the purpose of calling a bond referendum election is to
determine whether the City of Delray Beach shall issue General Obligation Bonds in the
aggregate principle mount of not exceeding $9,000,000 for the New Neighborhood
Parks, Soccer Complex and Existing Parks Improvement Projects, not exceeding
$7,000,000 for the Recreation Centers Projects, not exceeding $7,000,000 for the Old
School Square Improvements Projects, not exceeding $1,000,000 for the New Library
Furnishings and Fixtures Projects, to finance all or a portion of the costs for such
Projects including all costs incidental thereto and to pay the costs of issuing the Bonds.
NOW, THEREFORE, I, JEFF PERLMAN, 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, January 20, 2004, 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 Elections for Palm Beach County.
/~l.I. QUALIFIED ELECTORS of the City of Delray Beach, Florida,
shall be qualified to vote in such election.
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 2na day of
December, 2003.
JEFF PERLMAN
MAYOR
WHEREAS, HIV has affected every area of the globe, infecting millions of
men, women and children; and
WHEREAS, Florida is the state reporting the third highest cumulative
numbers of AIDS cases in the United States since the beginning of the epidemic; and
WHEREAS, in Palm County, more than 8,900 men, women, and children are
living with HIV; and
WHEREAS, stigma and discrimination are recognized as major factors
fuelling the H1V epidemic, creating a climate of fear and ignorance and a reluctance to
confront rising infection rates; and
WHEREAS, UN_AIDS, the Joint United Nations Program on AIDS, and the
World Health Organization have &dared December 1, 2003 to be World AIDS Day;
and
WHEREAS, Comprehensive AIDS Program of Palm Beach County, in
collaboration with a number of other organizations has organized a week of
HIV/AIDS Awareness events to take place December 1-7, 2003, including the 14~
Annual AIDS Walk for Life and a display of the Names Project Quilt.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray
Beach, Florida, on behalf of the City Commission, do hereby proclaim the week of
December 1-7, 2003 as
HIV/AIDS AWARENESS wEEK
in Delray Beach, Florida and urge everyone to become aware of the risk of
HIV/AIDS, and to be tested if they have been exposed to these risks.
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 2aa December,
2003.
JEFF PERLMAN
MAYOR
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~'~.
AGENDA ITEM # ~]k - REGULAR MEETING OF DECEMBER 2. 2003
APPROVAL OF POLL WORKERS FOR THE SPECIAL MUNICIPAL
ELECTION
DATE:
NOVEMBER 26, 2003
This is before the City Commission to approve the list of poll workers for the Special Municipal
Election to be held on January 20, 2004, and to direct the City Clerk to select a sufficient number of
clerks, inspectors, and precinct advisors from the list to work during the election, pursuant to Section
34.02 of the City Code.
The list is attached for your review.
Recommend approval of the poll workers with direction to the City Clerk to select a sufficient
number of workers for the special municipal election on January 20, 2004.
CITY OF DELRAY BEACH
MUNICIPAL ELECTION
JANUARY 20~ 2004
(POLLWORKER LIST)
CLERK PRECINCT NO.
Elaine Moran 4052 - Lakeview Baptist Church
Robert Schneider
Rosena Miley
Conrad McEwen
4082 - Boca-Delray Church of Christ
7154 - Pompey Park Recreation Center
4060 - 505 Club
Fred Friedman 4048 - Veterans Park Recreation
Carol Gallagly
Anthony Debartolo
Milton Cooper
Steven Atwell
Roy R. Mahoney
Morris L. Weinman
Lorraine Fuchs
Richard Stransky
Christopher Clarke
Gerald Gorman
Evelyn Dawson
Rhoda Datlof
Susan Litchfield
Phyllis Berse
Shirley Brody
William Kramer
David Forest
4084 - St. Paul's Episcopal Church
4080 - Lake Delray Apartments
4066 - Pines of Delmy East
7166 - Village Academy
4012 - Banyan Creek Elementary Sehnol
4058 - Delray Beach Municipal Golf
Course
4072 - Sun Sentinel Building
7150 - Temple Sinai
7168 - Community Center
4014 - Pines of Delray North
4050 - Country Manors Association
4166 - Abbey Delray South
7142 - Church of the Palms
4064 - Orchard View Elementary School
7144 - Old School Square
4062- Emmanuel Catholic Church
4056 - West Park Baptist Church
CITY OF DELRAY BEACH
MUNICIPAL ELECTION
JANUARY 20, 2004
(POLLWORKER LIST)
ASSISTANT CLERK PRECINCT NO.
Geraldine Brotsky
Annette Weinreb
Edna Brookman
Abraham Brodsky
Norman Sharpe
Lois Cohen
Jennie Candiotte
i Burd~e Diamond
, Elayne Diamond
4052 - Lakeview Baptist Church
4062 - Emmanuel Catholic Church
4072 - Sun Sentinel Buildin$
7150 - Temple Sinai
4084 - St. Paul's Episcopal Church
4012 - Banyan Creek Elementary School
4058 - Delray Beach Municipal Golf
Course
7168 - Community Center
4060 - 505 Club
Gerald Patterson 4048 - Veterans Park Recreation Center
Freddie Calloway
4082 - Boca-Delmy Church of Christ
CITY OF DELRAY BEACH
MUNICIPAL ELECTION
JANUARY 20~ 2004
(POLLWORKER LIST)
PRECINCT ADVISOR PRECINCT NO.
Ilene Soyt 4052
Helen Fett 4082
Irwin Epstein 7154
Robert Fox 4060
- Lakeview Baptist Church
- Boca-Delray Church of Christ
- Pompey Park Recreation Center
- 505 Club
Arthur Goddu 4048 - Veterans Park Recreation Center
Lenore Morris 4084
Herbe~ Bloom 4080
Myra Budnick
Jay Oberfield
- St. Paul's Episcopal Church
- Lake Defray Apa~hnents
4066 - Pines of Defray East
7166 - Village Academy
Joel Port
Patficia Corbett
Rafael Huesca, Jr.
Edith Quim~
Morton Ross
B~yDo~
4012 - Banyan Creek Elementary School
4058 - Defray Beach Municipal Golf
Course
4072 - Sun-Sentinel Building
7150 - Temple Sinai
7168 - Community Center
4014 - Pines of Delray North
Shirley Kliger 4050
Linda Walker 4166
Robert Newman 7142
Lawrence Diou 4064
Janice Smith 7144
Neff Brooks 4062
Alvin Heckler 4056
- Country Manors Association
- Abbey Defray South
- Church of the Palms
- Orchard View Elementary School
- Old School Square
- Emmanuel Catholic Church
- West Park Baptist Church
CITY OF DELRAY BEACH
MUNICIPAL ELECTION
JANUARY 2004
(POLLWORKER LIST)
INSPECTOR
Doffs Goldber~ 4052
Beatrice West ! 4052
Vemnika Morvai
Sandra Schwartz
Roslyn Cohen
Stanley Schwartz
Barbara Harrison
Vera Fardn~ton
Gwendolyn Green
Lula Hayes
Lidia Nahoum
Richard Gallo
Jeanne Kurth
!7146
!7146
4082
4082
4082
7154
17154
i7154
4060
PRECINCT NO.
- Lakeview Ba ?fist Church
- Lakeview Ba ?fist Church
- Lakeview Ba ?tist Church
- Lakeview Ba ~fist Church
- Boca-Delral r Church of Christ
- Boca-Delra', r Church of Christ
- Boca D¢lra~' Church of Christ
- Pompey Park Recreation Center
- Pompey Park Recreation Center
- Pompey Park Recreation Center
- 505 Club
4060 - 505 Club
4060 - 505 Club
Doffs Lessner i 4060 - 505 Club
Luise Piane 4070 - 505 Club
Renee Blum
Philip Dolinsky
Audrey Beck
Faye Braverman
David Farber
4070 - 505 Club
4048 - Veterans Park Recreation Center
4048 - Veterans Park Recreation Center
4048 - Veterans Park Recreation Center
4048 - Veterans Park Recreation Center
Mary Lurvey 4018 - Veterans Park Recreation Center
Morton Klibonoff I 4018 - Veterans Parks Recreation Center
Johannes Liu 4084 - St. Paul's Episcopal Church
Shirley Glassman 4084 - St. Paul's Episcopal Church
Ruth Kahn 4084 - St. Paul's Episcopal Church
Louise Edwards
Damiel Noto
Jack Lessner
Anita Berliner
Marie Marconi
Josephine Lenz~i
Rhoda Landsman
Paul Pesale
4084 - St. Paul's Episcopal Church
7176 - St. Paul's Episcopal Church
7176 - St. Paul's Episcopal Church
4080 - Lake Delray Apartments
4080 - Lake Delray Apartments
4080 - Lake Delray Apartments
4066 - Pines of Delray East
4066 - Pines of Delray East
4068 - Pines of Delray East
4068 - Pines of Delray East
Beatrice Rosenberg
Bernice Bilow
Christine Wilson 7166
LaVira Brin 7166
Fred Ash 7166
Joseph Krochak ! 4012
Regina Dellon 4012
Diane Bolton 4012
Adele Nosowitz 4012
Lilyan Kanir
Anthony Mendillo
Stanford Kalla
Anne Sehofield
Harvey Kreseh
Elfrieda Ristau
Doris Hannum
Harry Alter
Eleanor Morgan
Janice Ma~rone
Alvin Cohen
Carol Berman
- Village Academy
- Village Academy
- Village Academy
- Banyan Creek Elementary School
- Banyan Creek Elementary School
- Banyan Creek Elementary School
- Banyan Creek Elementary School
4058 - Delray Beach Municipal Golf
Course
4058 - Delray Beach Municipal Golf
CoRrse
4058 - Delray Beach Municipal Golf
Course
4058 - Delray Beach Municipal Golf
Course
5062 - Delray Beach Municipal Golf
Course
4072 - Sun Sentinel Build'mg
4072 - Sun Sentinel Builcl'mg
4072 - Sun Sentinel Building
4072 - Sun Sentinel Building
4076 - Sun Sentinel Building
4076 - Sun Sentinel Building
4076 - Sun Sentinel Building
7150 - Temple Sinai
Eleanore Kresch ,7150 - Temple Sinai
Rose Port ! 7150 - Temple Sinai
Kenneth Leiner
Albert Romano
Michael Hersh
Mary Howard
Esther Huesca
Theodore Taldon
Sylvia Cassillo
Lee Dennett
Mafia Spaziano
Juunita Shaul
Raymond Stulberger
Hope Elaine Farber
Francis Meyers
Betty Dolinsky
Martin Zabin
Bernice Neuhause
Dorothy Goldberg
Beverly Falb
7164 - Temple Sinai
7164 - Temple Sinai
7168 - Community Center
7168 - Community Center
7168 - Community Center
4014 - Pines of Delray North
4014 - Pines of Delray North
4050 - Country Manors Association
4050 - Country Manors Association
4166 - Abbey Delray South
4166 - Abbey Delray South
4166 - Abbey Delray South
4166 - Abbey Dell'ay South
7142 - Church of the Palms
7142 - Church of the Palms
7142 - Church of the Palms
7148 - Church of the Palms
4064 - Orchard View Elementary School
2
Anthony Geraci
Ed Krebs
Mary Civitano
Eva Kamen
Evelyn Hersh
Jean Alter
Gilbert Berliner
Judith Scho~
4064 - Orchard View Elementary School
4064 - Orchard View Elementary School
7144 - Old School Square
7144- Old School Square
7144- Old School Square
4062 - Emmanuel Catholic Church
4062 - Emmanuel Catholic Church
4062 - Emmanuel Catholic Church
Ethel Fromm 4062 - Emmanuel Catholic Church
Alice Shultz 4056 - West Park Baptist Church
Syrietta Kalla 4056 - West Park Baptist Church
Norton Rosenberg
4056 - West Park Baptist Church
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # '~ - REGULAR MEETING OF DECEMBER 2. 2003
AUTHORIZATION FOR SUPERVISOR OF ELECTIONS TO
HANDLE/CANVASS ABSENTEE/PROVISIONAL BAI.I.QT$ AND
REPRESENT THE CITY AT LOGIC & ACCURACY TESTS FOR THE
SPECIAL MUNICIPAL ELECTION
DA'I'M:
NOVEMBER 26, 2003
This is before the City Commission to authorize Theresa LePore, Palm Beach County Supervisor of
Elections, to handle the City's absentee/provisional ballots for the January 20, 2004 special municipal
election. Ms. LePore's office is equipped with a computerized system for monitoring ballot requests,
distributions, accounting for unreturned ballots, as well as electronic signature verification. She will
also insure that the absentee ballots are held in safekeeping prior to canvassing. The Supervisor of
Elections should also be authorized to represent the City at the canvassing of the absentee ballots.
It is further recommended that Ms. LePore be designated to represent the City's canvassing board at
the logic and accuracy (L&A) testing of the dectronic tabulating equipment. The L&A tests will be
conducted on Saturday, January 10, 2004 at 9:00 am at the Supervisor of Elections Office, 240 South
Military Trail, West Palm Beach, for the January 20~ special election as well as on dection day both
before and after counting of the ballots.
Recommend authorizing the Supervisor of Elections for palm Beach County to handle/canvass the
City's absentee/provisional ballots for the January 20, 2004 special municipal election, and designate
her as the City's representative at the requisite logic and accuracy tests.
[IT¥ I)F DELRn',' BEli[H
CiTY ATTORNEY'S OFFICE 2°° .w ,s, ^VE.UE..EL.^~ .E^C., .LO.,.^ 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993 DATE:
Writer's Direct Line: 561/243-7091
MEMORANDUM
November 18, 2003
TO:
FROM:
City Commission
Brian Shutt, Assistant City Attorney
SUBJECT: Access Easement Aqreement
The City abandoned that portion of Wallace Drive located on the west side of S.W.
10th Avenue between S.W. 10th Street and Wallace Drive at its July 22, 2003
meeting. As a result of the abandonment one half of Wallace Drive went to the
adjacent property owner, Mr. Roof, and the other half came back to the City. The
City subsequently transferred its portion of the abandoned area adjacent to Mr.
Roof's property to Mr. Roof. There currently exists a driveway over a portion of
the abandoned area that services a convenience store adjacent to Mr. Roof's
property. This Access Easement shall allow the public to use the current driveway
in order to access the convenience store.
By copy of this memo to David Harden, our office requests that this item be placed
on the December 2, 2003 City Commission agenda. Please call if you have any
questions.
Attachment
CC:
David Harden, City Manager
Barbara Garito, City Clerk
Randal Krejcarek, City Engineer
Prepared by: RETURN:
R. Brian Shutt, Esq.
Cit~ Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
ACCESS EASEMENT AGREEMENT
THIS AGREEMENT, made this __ day of
., 200_, by end between
, with a mailing
address of -~'_~. ,o, 21/~,t, ~" ~Z~'~t/~,Zp i$,~C,O ~,~ ~;Z/._. ,
("OWNER"), and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st
Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of
Florida, ("CITY"):
NOW THEREFORE, in consideration of $10.00 and other valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. OWNER hereby grants to CITY a non-exclusive easement for ingress and egress
to enter upon, across, over and under the property described in Exhibit "A", attached hereto, ("the
Property") for the purpose of pedestrian and vehicular access.
2. The parties agree that this Access Easement Agreement shall be recorded in the
Public Records of Palm Beach County, Florida. The access easement granted herein shall not be
transferred, assigned, sold or othemrise conveyed except in conjunction with the transfer or sale
of the property described in Exhibit "B". At such time as the access easement granted herein is
no longer required by the City, the easement may be released of record by a written document
executed by an authorized signatory of the city of Delray Beach, Florida.
3. The parties hereby agree that the OWNER shall be responsible for the
maintenance, replacement and repair of the property encompassed with the grant of the easement
contained herein.
4. For the payment of additional consideration of Ten Dollars ($10.00), receipt of
which is hereby acknowledged, OWNER shall, and hereby agree to indemnify and hold the
CITY harmless fi.om end against any and all judgments, damages, claims, demends, losses,
liabilities end other costs and expenses, including reasonable attorney's fees incurred in the
defense thereof, that may be incurred by reason of eny loss, damage or injury to eny person or
property resulting directly or indirectly by reason of the use of the Property.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day
and year first above written.
ATTEST:
Print Name:
By:
Print Name:
STATE OF FLORIDA
COUNTY OF PALM BEACH
_ The foregoing inslxument was acknowledged before me this /7 day of
200~_ by ~J~Jor~ D, ~oo~o who is personally known to me
~.~.a~ % %~E~°x~a"~-_ [ Si~ature old, Notary Public
, CO.~.N~ [ of Florida
~ ~ 0~747
ATTEST: CITY OF DBL~Y BEACH, FLORA
CityClerk
By:_
Jeff Perlman, Mayor
Approved as to Form:
City Attorney
2
SKETCH OF DESCRIP T/ON
EXHIBIT "A "
SHEET 1 OF 2
N.H. CORNER
4 AND POINT OF
COMMENCEMENT
~ PROJECTION
LINE OF LOT 4
N,
NORTH LINE-
OF LOT 4
ORDER
NO TES:
THIS IS NOT A SURVEY
C,A. : CENTRAL ANGLE
R, = RADIUS
~ = CENTERLINE
THE EASTERLY PROJECTION OF NORTH
LiVE OF LOT 4 IS ASSUMED TO BEAR
N.88°O$'17"E.
C,B. = CHORD BEARING
NO. 01-42"EA"
DA TH! SEPTEMBER ,30, 2003
O'BRIEN, SU/TER & O'BRIEN, /NC
CERTIFICATE OF AUTHORIZATION #1L8`353
SURVEYOR AND MAPPER IN RESPONSIBLE!
CHARGE: PAUL O. ENGLE
2601 NORTH FEDERAL HIGHWAY
DELRAY BEACH FLORIDA 33483 J
(561) 276-4501 (561) 7,32-3279 I
I
SKETCH OF DESCRIPTION
EXHIBIT "A "
SHEET 2 OF 2
DESCRIPTION:
THAT PORTION OF THE 80 FOOT ROAD RIGHT OF WAY FOR GERMANTOWN ROAD
LYING EAST OF LOT 4, ESOURE SUBDIVISION, ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLA T BOOK 2~, PAGE 4~,, PULIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, DESCRIBED AS FOLLOWS..
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 4; THENCE N88°O5'17"E..,
ALONG THE EASTERLY PROJECTION OF THE NORTH LINE OF SAID LOT 4, A DISTANCE
OF 16.00 FEET TO THE POINT OF BEGINNNG; THENCE CONTINUE N.88°05'17'~.., ALONG
SAID EASTERLY PROJECT/ON OF THE NORTH LINE OF SAID LOT 4, A D/STANCE OF
56.95 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE FOR S.W. lOTH AVENUE
AS NOW LAiD OUT AND IN USE,. THENCE S.0°02'12"E., ALONG SAID WEST RIGHT OF
WAY LINE, A DISTANCE OF 21.00 FEET A POINT ON A NON-TANGENT CURVE CONCAVE
TO THE SOUTH HA VING A CENTRAL ANGLE OF 7,3°28'17'' AND A RADIUS OF 29.52
FEET; THENCE WEST, ALONG THE ARC OF SAID CURVE WITH A CORD HAVING A
BEARING OF N. 79°57',30"W., A D/STANCE OF .77.85 FEET; THENCE N59°42'44"W., A
DISTANCE OF 25.66 FEET TO THE POINT OF BEGINNING.
~RDER NO. 01-42"EA"
PAUL D. ENGLE '
SURVEYOR AND MAPPER ~5708
DATE: SEPTEMBER 30, 2003
O'BRIEN, SUITER ~ O'BRIEN, INC
CERTIFICATE OF AUTHORIZATION 1~ILB353
SURVEYOR AND MAPPER IN RESPONSIBLE~
CHARGE: PAUL D. ENGLE
2601 NORTH FEDERAL HIGHWAY
DELRA Y BEACH FLORIDA 33483
{561) 276-4501 {561) 732-3279
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM # ~ [~ - REGULAR MEETING OF DECEMBER 2. 2003
CHANGE ORDER NO, I/FINAL PAYMENT/CHAZ EOUIPMENT
COMPANY. INC.
NOVEMBER 26, 2003
This is before the City Commission to approve Change Order No. 1 in the net add mount of
$5,989.40 and final payment in the amount of $19,385.10 to Chaz Equipment Company, Inc. for the
Rye Lane, Enfield Road, and Lake Terrace Water Main and Raw Water Supply Common Header Pipe
Project.
Funding is awil~ble from 442-5178-536-65.82 (Water/Sewer Renewal and Replacement Fund/Raw
Water Manifold).
Recommend approval of Change Order No. 1 and final payment to Chaz Equipment Company, Inc.
S:\City Clerk\agenda men-a~\Final Paymem. Chaz EqmpmentAZOZ03
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
SUBJECT:
DATE:
David Harden, City Manager
Victor Majtenyi, Construction Manager
www,mydelraybeach.com
RYE LANE, ENFIELD RD, LAKE TER. & RAW WATER SUPPLY COMMON
HEADER PIPE, PN 2002-019
Agenda Request; Change Order # 1/Final, Final Payment
November 24, 2003
Attached for Commission approval is an agenda request for closeout Change Order Itl/Final to
Chaz Equipment Co., Inc. on the Rye Lane, Enfield Rd, & Lake Terrace Water Main and the
Raw Water Supply Common Header Pipe project, PN 2002-019 & 2003-019. It is for the final
plus/minus quantity adjustments and miscellaneous changes to the original contract. Change
Order # 1/Final is a net add in the amount of $5,989.40.
A request is also made for final payment in the amount of $19,385.10 to Chaz Equipment Co., Inc.
A Contractor Evaluation form is attached for your review.
Funding is available from account 442-5178-536-65.82 (Water & Sewer R&RfRaw Water
Manifold).
Richard Hasko; Director of ESD
Randal Krejcarek; City Engineer
Rafael Ballestero; Dep. Dir. of Construction
City Clerk's Office
Agenda File 12/02/03
Project File 02-019(A)
S :~EngAdmin~Projects~2002~2002-019\CONSTRCT~AgMemo CO 1 final closeout 12.02.03 .doc
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. l/Final PROJECT NO. 2002-019/2003-19 DATE:
PROJECT TITLE: Rye Lane, Enfield Rd and lake Terrace Water Main & Raw Water Supply Common Header Pipe
TO CONTRACTOR: Chaz Equipment Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Plus/minus quantity adjustments and changes per attached Schedule "A"
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PER CENT INCREASE THIS CHANGE ORDER 1.57%
TOTAL PER CENT INCREASE TO DATE 1.57%
$ 381,695.50
$ o.oo
$ 381,695.50
$ 5,989.40
$ 387,684.90
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that
the prices quoted are fair and reasonable and in proper ratio to the cost of the original work
contracted for under benefit of competitive bidding.
Chaz Equipment Inc..
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding Source: 442-5178-536-65.82 ($5,989.40)
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND:
for Environmental Services
APPROVED:
By:
ATTEST:
By:
City Manager
City Attorney City Clerk
S: lEngAdmtnlProjectsl2OO212OO2-O191CONSTRCl3CO l final 12.02.03,doc
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Agenda Item NO. ~b
AGENDA REQUEST
Date: November 24, 2003
Request to be placed on:
--X--Regular Agenda
Special Agenda
Workshop Agenda
When: December 2, 2003
Description of item (who, what, where, how much):
Approval of closeout Change Order #1/Final to Chaz Equipment Co., Inc. on the Rye Lane, Enfleld Rd, &
Lake Terrace Water Main and the Raw Water Supply Common Header Pipe projects, PN 2002-019/2003-
19. It is for the final plus/minus quantity adjustments and miscellaneous changes to the original contract.
Change Order #1/Final is a net add in the amount of $5,989.40.
A request is also made for final payment in the amount of $19,385.10 to Chaz Equipment Co., Inc.
Funding is available from account 442-5178-536-65.82 (Water & Sewer R&R/Raw Water Manifold ).
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recorpmepds award of Change Order #1/Final and Final Payment to Chaz
Depa~ment head signature: ~ ~ --~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Budget Director Review (re~lu~d on all items involving expenditure of funds):
Funding available. Y~,~NO ......
Funding alternatives (if applicable): see above
Account No. & Des~c~iption
Account Balance .5c
City Manager Review:
Approved for agenda:/.,_),,,NO
Hold Until: (
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:~EngAdmin~Projects~2002~2002-019\CONSTRCT~AgReqCOlfinal closeout 12,02,03.doc
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER/~
AGENDA ITEM $$ ~'~- - REGULAR MEETING OF DECEMBER 2. 2003
CHANGE QRDER NO. 1/FINAL PAYMENT/CHAZ EOUIPMENT
COMPANY. INC.
NOVEMBER 26, 2003
This is before the City Commission to approve Change Order No. 1 in the net add mount of
$2,463.25 and final payment in the amount of $10,551.50 to Chaz Equipment Company, Inc. for the
S.W. 7~ Street Roadway and Sanitary Sewer Improvements Project.
Funding is avaihble from 441-5161-536-63.90 (Water/Sewer Fund/Other Improvements).
Recommend approval of Change Order No. 1 and final payment to Chaz Equipment Company, Inc.
S:\City Cl¢a'k\ageada mor, o~ \Final PaymencChaz Equqmaent. sW7th St 12.0Z03
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
SUBJECT:
DATE:
www.mydelraybeach.com
David Harden, Ci~/~ager
Victor Majteny~, Construction Manager
SW 7TH STREET ROADWAY & SEWER IMPROVEMENTS, PN 2002-038
Agenda Request; Change Order # 1/Final, Final Payment
November 24, 2003
Attached for Commission approval is an agenda request for closeout Change Order #I/Final to
Chaz Equipment Co., Inc. on the SW 7th Street Roadway and Sanitary Sewer Improvements
project, PN 2002-038. It is for the final plus/minus quantity adjustments and miscellaneous
changes to the original contract. Change Order #1/Final is a net add in the amount 0£$2,463.25.
A request is also made for final payment in the amount of $10,551.50 to Chaz Equipment Co., Inc.
A Contractor Evaluation form is attached for your review.
Funding is available £rom account 441-5161-536-63.90 (Water & Sewer/Other Improvements),
after a budget transfer.
CC~
Richard Hasko; Director of ESD
Randal Krejcarek; City Engineer
Rafael Ballestero; Dep. Dir. of Construction
City Clerk's Office
Agenda File 12/02/03
Project File 02-038(A)
S:~EngAdmin~Projects~2002~2002-038\CONSTRCT~AgMcmo CO I final clos¢out 12.02.03 .doc
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGENO. 1/Final PROJECTNO. 2002-038 DATE:
PROJECT TITLE: SW 7~ Street Roadway and Sanitary Sewer Improvements
TO CONTRACTOR: Chaz Equipment Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES 1N THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Plus/minus quantity adjustments and changes per at~ached Schedule "A"
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PER CENT INCREASE THIS CHANGE ORDER 2.81%
TOTAL PER CENT INCREASE TO DATE 2.81%
$ 87,632.50
$ 0.00
$ 87,632.50
$ 2,463.25
$ 90,095.75
CERTIFIED STATEMENT: 1 hereby certify that the supporting cost data included is, in my considered opinion, accurate; that
the prices quoted are fair and reasonable and in proper ratio to the cost of the original work
contracted for under benefit of competitive bidding.
Chaz Equipment Inc..
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding Source: 441-5161-536-63,90 ($2,463.25)
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND:
for Environmental Services
APPROVED:
By:
ATTEST:
By:
City Manager
City Attorney City Clerk
S:lEngAdminlProjects1200212002-O381CONSTRCI~COlfinal 12.02.03.doc
Z
0
0
Agenda Item No. '~'~--
AGENDA REQUEST
Date: November 24, 2003
Request to be placed on:
--X--Regular Agenda
Special Agenda
Workshop Agenda
When: December 2, 2003
Description of item (who, what, where, how much):
Approval of closeout Change Order #1/Final to Chaz Equipment Co., Inc. on the SW 7th Street Roadway
and Sanitary Sewer Improvements project, PN 02-038. It is for the final plus/minus quantity adjustments
and miscellaneous changes to the original contract. Change Order #1/Final is a net add in the amount of
$2,463,25.
A request is also made for final payment in the amount of $10,551.50 to Chaz Equipment Co., Inc.
Funding is available from account 441-5161-536-63.90 (Water & Sewer/ Other Improvements), after a
budget transfer.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff reco~13~nends award of Chan~Order #1/Final and Final Payment to Chaz
Equipment Co., Inc. ( ./~,...,,~-~
Department head signature: ~'~,~.A.....
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Budget Director Review (re..~d on all items involving expenditure of funds):
Funding available: Y~NO
Funding alternatives (if applicable): see above
Account No. & Descnpbo, n ~-~/
Account Balance
City Manager Review:
/
)/
Approved for agenda: ~NO
,,-I
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:~EngAdmin~Projects~2002~002-038\CONSTRCT~AgRcqCOlfinal closcout 12.02.03.doc
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM # ~ - REGUIJLR MEETING OF DECEMBER 2. 2003
CHANGE ORDER NO, 2/FINAL PAYMENT/MANCON. INC.
NOVEMBER 26, 2003
This is before the City Commission to approve Change Order No. 2 in the net add mount of
$7,621.00 and final payment in the amount of $150,705.73 to Mancon, Inc. for the Lift Station No. 6
Force Main System Improvements Project.
Funding is available from 442-5178-536-63.50 (Water/Sewer Renewal and Replacement Fund/Water
Mains).
Recommend approval of Change Order No. 2 and final payment to Mancon, Inc.
S:\City Cletk\~genda memo~\Fin~l Payment. Manotul ZOZ03
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
SUBJECT:
DATE:
David Harden, City Manager
Victor Majtenyl, Construction Manager
www. mydelraybeach.com
LIFT STATION NO. 6 FORCE MAIN SYSTEM IMPROVEMENTS (P/N 2003-003)
Agenda Request; Change Order #2/Final, Final Payment
November 24, 2003
Attached for Commission approval is an agenda request for closeout Change Order #2/Final to
Mancon, Inc. on the Lift Station No.6 Force Main System Improvements project, PN 2003-003.
It is for final plus/minus quantity adjustments and miscellaneous changes to the original contract.
Change Order #2/Final is a net add in the amount of $7,621.00.
A request is also made for final payment in the amount of $150,705.73 to Mancon, Inc. A
Contractor Evaluation form is attached for your review.
Funding is available from account 442-5178-536-63.50 (Water Mains).
CC~
Richard Hasko; Director of ESD
Randal Krejcarek; City Engineer
Rafael Ballestero; Dep. Dir. of Construction
City Clerk's Office
Agenda File 12/02/03
Project File 03-003(A)
SSEngAdminh°rojects~2003k2003-003\CONSTRCT~AgMemo C02final closeout 12,02.03,doc
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 2/Final PROJECTNO. 03-003 DATE:
PROJECT TITLE: Lift Station #6 Force Main System Improvements
TO CONTRACTOR: Man-Con, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Plus/minus quantity adjustments and changes per attached Schedule "A"
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PER CENT INCREASE THIS CHANGE ORDER 1.3 %
TOTAL PER CENT INCREASE TO DATE 10.9 %
$592,948.10
$57,338.15
$650,286.25
$7,621.00
$657,907.25
CERTIFIED STATEMENT: 1 hereby certify that the supporting cost data included is, in my considered opinion, accurate; that
the prices quoted are fair and reasonable and in proper ratio to the cost of the original work
contracted for under benefit of competitive bidding.
Man-Con, Inc.
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding is available from accounts: 442-5178-536-63.50, Water Mains
DEPARTMENT FUNDING CERTIFIED BY
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND: By:
APPROVED:
Environmental Services
ATTEST:
By:
City Manager
City Attorney City Clerk
S:XEngAdmin~ProjectsX2003X2003-003\CONSTRCTXCOg2 final.mancon 12.02.03.doc
AGENDA REQUEST
Date: November 24, 2003
Request to be placed on:
--X--Regular Agenda
__Special Agenda
Workshop Agenda
When: December 2, 2003
Description of item (who, what, where, how much):
Approval of closeout Change Order #2/Final to Mancon, Inc. on the Lift Station No.6 Force Main System
Improvements project, PN 2003-003. It is for final plus/minus quantity adjustments and miscellaneous
changes to the original contract. Change Order #2/Final is a net add in the amount of $7,621.00
A request is also made for final payment in the amount of $150,705.73 to Mancon, Inc.
Funding is available from account 442-5178-536-63.50 (Water & Sewer R&RNVater Mains).
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff reco. m15~ds awagd, of Change Orde, r.J~,/Final to Man-Con, Inc.
Department head signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Rev ew/Recommendation if applicable):.
Budget Director Review (re~d on all items involving expenditure of funds):
Funding available: EQ(,.~NO
Funding alternatives (if applicable): see above
Account No. & Des~cription ~r4~,, - ~ I q °n ~ ~_'Z,(,, _ ~.~,. _5-'~
Account Balance ,~ ~t~(4~ q[~.. 5~- o-<'L ~ I~ J ~ !0 3
City Manager Review: I..) ~
ApprovedHold Until:f°r agenda: (~/NO ~
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:\EngAdmin~ProjectsX2003~2003-003\CONSTRCTXAgRcqCO2final mancon 12.02.03.doc
[IT¥ I)F DELRR¥ BERgH
CITY ATTORNEY'S OFFICE
POLICE LEGAL ADVISOR
~993 To:
From:
300 W. ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7823 · FACSIMILE 561/243-7815
POLICE LEGAL ADVISOR
MEMORANDUM
Mr. David Harden, City Manager
Catherine M. Kozol,
Police Legal Advisor
Date:
November 19, 2003
Re:
Hammock Reserve
Traffic Enforcement Agreement
Attached for your review and insertion on the Consent Agenda are three
originals of the traffic enfomement agreement with Hammock Reserve. The
Agreement will allow the Police Department to enfome state and local traffic laws
on the private roads of Hammock Reserve. The Department feels that allowing
enforcement of state and local traffic laws will enhance our presence in the area
and have a more direct impact on crime in that area.
The Association will pay $1.00 per month to cover the costs of
enforcement and has added the City as an additional insured on the liability
insurance policy. A copy of the Certificate of Insurance is enclosed.
If this Agreement meets with your approval, would you kindly place this on
the Consent Agenda at the next scheduled Commission meeting. When all of
the agreements have been signed, I would appreciate it if you would return one
original to me for forwarding to the Homeowner's Association.
Thank you for your courtesy and attention.
Ath/encs.
cc: Susan Ruby, City Attorney
Chevelle Nubin, Deputy City Clerk
%G
HAMMOCK RESERVE HOMEOWNERS ASSOCIATION
TRAFFIC ENFORCEMENT AGREEMENT
WHEREAS, the CITY OF DELRAY BEACH, FLORIDA, (hereinafter
referred to as "CITY") through its Police Department, wishes to make its
Community Policing efforts in HAMMOCK RESERVE as effective as possible;
and
WHEREAS, the HAMMOCK RESERVE HOMEOWNERS ASSOCIATION
(hereinafter referred to as "ASSOCIATION") is desirous of the enforcement of
state and municipal traffic laws on its property; and
WHEREAS, both the CITY and the ASSOCIATION feels that such
enfomement will make the Community Policing effort a more positive influence
on the community; and
WHEREAS, F.S. 316.006(2),(b),(1),(2) allows for such enfomement on
private roads pursuant to a written agreement approved by the CITY Commission
which provides for reimbursement for actual costs of traffic control and
enforcement liability insurance and indemnification and other terms as are
mutually agreeable by the parties.
Now, therefore, for the mutual consideration, covenants, and matters set
forth herein, as of the date set forth below, the parties hereto do hereby agree as
follows:
1. The CITY does hereby agree to enforce all state and municipal
traffic laws on all private roads owned by the ASSOCIATION.
week.
The enfomement of the traffic laws will occur 24 hours, 7 days a
3. The ASSOCIATION shall hereby pay to the CITY $1.00 per month
to cover the actual costs of the traffic control and enforcement incurred by the
CITY.
4. The ASSOCIATION shall defend, indemnify and hold harmless the
CITY, its agents, officers, officials and employees from any and all claims, suits,
causes of actions or any claims whatsoever made arising from any and all acts of
traffic control and traffic enforcement that occur on the ASSOCIATION'S property
following the date of this agreement. Nothing herein shall be deemed a waiver of
the privileges and immunities granted to the CITY under F.S. 768.28. This
indemnification shall survive the cancellation of this agreement.
5. The ASSOCIATION shall provide liability insurance to cover the
indemnification in the amount of $100,000 and name the CITY as an additional
insured.
6. This agreement shall take effect upon execution and approval by
the Delray Beach City Commission and the HAMMOCK RESERVE
HOMEOWNERS ASSOCIATION and shall continue in full force and effect until
rescinded by either party. This Agreement shall automatically renew upon
payment of the yeady fee.
7. Either party may cancel their participation in this agreement upon
delivery of 30 days written notice to the other party. Cancellation will be at the
direction of the subscribing party.
8. In any action brought to enforce any provision of this agreement,
the prevailing party shall be entitled to the relief sought plus all costs incurred
and reasonable attorneys' fees.
9. The ASSOCIATION, by signing below, affirms that they have read
and understand this agreement and that they have been given the opportunity to
have the attorney of their choice review this agreement.
This agreement made and entered into on this __
2003.
day of September,
City of Delray Beach, Florida
By:
Jeff Pedman, Mayor
Hammock Reserve Homeowners
v ~nson~-resident
ATTEST:
City Clerk
Approved.~..as't~rm
ACsats th.e r(~ ~;'"AMt~oKrn°eZ;'' ~
~'M~I~QV.18.~883~' 3:S4PM- ~- Al<AM SOUTH IhlC H0.~88 p.~x~
£1TY OF I)E A;IY Bffi£H
Ali-America City
TO: David T. Harden, City Manager
1993
2OOl FROM: Mo-bert A. Barcinski, Assistant City Manager
DELRAY BEACH FLORIDA 33444
DATE:
November 25, 2003
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING
DECEMBER 2, 2003 SPECIAL EVENT APPROVAL -
ART & JAZZ ON THE AVENUE
ACTION
City Commission is requested to endorse the next Art & Jazz on the Avenue scheduled
for January 29, 2004 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per
LDR Section 2.4.6. (H) for the closure of Atlantic Avenue from Swinton to N.E. 7th
Avenue, the south side of Atlantic Avenue from N.E. 7th Avenue to just past the Blue
Anchor Pub, Railroad Drive from Atlantic to N.E. 1st Street, and NE 2na Avenue from
Atlantic Avenue to NE 2"d Street, and to authorize staff support for security and traffic
control, banner hanging and removal, barricade set up and removal and clean up.
Bh. CKIlROUNI}
Attached is a permit for approval and City assistance for this event from Marjorie Ferrer.
The estimated overtime cost for this event is $7,000. Cost for barricade rental is
estimated at $375. Actual overtime costs for October's event were $7,205. A copy of the
hold harmless agreement, event budget and site plan are attached. This is not a new
event. Based on new event policies the Joint Venture will be required to pay 50% of all
costs over $5,000.
t~COMMF. NDATION
Staff recommends endorsement of the event, approval of the temporary use permit and
street closure, staff support as requested, including barricades with payment of 50% of all
costs over $5,000.
RAB/ms
cc: Lt. Geoff Williams
Joe Weldon
Harold Bellinger
File:u:sweeney/evcnts
Doc: Agenda A~ and Jazz on the avenue 012904
561/243-7000
THE EFFORT ALWAYS MATTERS
Printed on Recycled Paper
Event Name/Title:
Event Date(s):
Event Time(s):
Event Sponsor/Producer:
City of Delray Beach
Special Event Permit
Application
PLEASE PRINT
Event Contact/Coordinator:
DE[RAY BEACH
1993
2001
Telephone Number: ,~ 79-/~to ~ 14 Cellular Number:
E-mail Address: /TA ~gl~r~J D,~'-z-,,~/SE'~¢('i~,
Sponsor Category (please check) City [3 Non-Profit/Charitable [3 Private.~
Co-Sponsor- Non-Profit/Private []
(if Non-profit attach proof of 501c(3) or (d))
Event Location (Describe area boundaries of event/location):
~/Site plan attached yes ~
(Site plan required for entire event site)
no
~/Event budget attached yes )~, no
(Required for all events)
Serving or selling alcoholic beverages yes no
(If yes, copy of license and alcohol liability insurance required ~wo (2) weeks prior
to event)
Event certificate of insurance attached yes ~ no
(Required two (2) weeks prior to event nan;lng the City as addiffonal insured, also
required for vendom)
Playing of amplified music
(Waiver required)
Requesting Police assistance
(traffic control/security)
yes. ~ no
yes ~ no
Will supplement with private security
(If yes, need plan attached)
yes no
Requesting Emergency Medical assistance yes
Requesting barricade assistance yes X/
Requesting trash removal/clean up assistance yes /
Requesting trash boxes and liners yes ~'
no
Requesting stage use yes_..
(If yes, check type)
Large stage covered ~ Large stage no cover []
Halfemall stage []
no <
no
no
no./
Small stage []
Requesting signage yes no
Type: Event sign , Directional signs
Banner hanging )<~ Indicate dates required-- I I~(~l/-- .)~10 ~-~
(Waiver required ff more than one ( f ) week prior to event) F /~ j ~ /~ ~/-- ~12~ 0 ~
Food and beverage vendom
If yes, approximate number
Health Department approval
yes no ~
yes no ~
Othervendom yes no '~
Tents yes no ,~
(If yes, tent permits and fire inspectlana maybe
Will the event include amusement rides yes no
(If yes, type and Ioca#on and copy of liability insurance required)
Will the event be gated
(Show on-site map)
yes. no .~
2
Will there be fireworks or other pyrotechnics
(If yes, contact F/rs Marshall)
Will there be cooking with compressed gas
(If yes, contact Fire Marshall)
yes
yes no ~
Will you be providing port-a-lets for the event yes ~%/' no
(ff yes, locate on.sita map. If no, indicate how you will handle res~room
Will there be a charge for the event
(If yes, indicate ticket prices)
Is reserved parking requested
(ff yes, Indicate locations)
yes
yes
no
Please print:
Please enclose the appropriate non-refundable application fee payable to the
City of Delray Beach, 100 N.W. 1~ Avenue, Delray Beach, Florida 33~.~..
For Staff Use Only
Date Received ///2~/o
Site map
Budget.
Certificate of insurance
Hold Harmless agreement
Security plan
Waiver alcoholic beverage
Railroad approval
Coast Guard approval
501c(3) or (d) certificate or letter
Health Department approval
Fire Inspector approval
Police Department approval
Public Works approval
Parks and Recreation approval
City Commission approval
Application fee received $ /~E ~ ~
SPECIAL EVENT
.HOLD HARMLESS AGREEMENT
The Downtown Delray Beach Joint Venture in consideration of the payment cf ten (10)
(Name of Entity)
dollars, receipt of which is hereby ecknowledgedl agrees to indemnify, hold harmless
and defend the City of Delray Beach, its agents and employees from all suits, actions
and claims including attorney's fees and costs attendant to any claim, litigation,.
administrative proceeding, appeal and judgment of every name and description brought
against the City as a result of loss, damage or injury to person or property arising from
and in exchange for the Downtown Delray Beach Joint Venture use of City facilities cr
(Name of Entity). - --
property for the special event of *ART & JAZZ. and hereby releases the City of Delray
Beach, its agents and employees from all suits, actions and da[ms including attorney's
fees and costs attendant to any claim, litigation, administrative proceedings, a~peal and
judgment of' every name and description brought against the City' as a result of loss,
damage or injury to person or property adsing from' the special event:afAR'F & JA77
(Name of Enti~)
* This Indemnification and H0[d Harmless and Defend Agreement is only to the extent
of insurance maintained by the Downtown Delray Beach Joint Venture as covered under
Scottsdale Insurance Company policy n~mber CLSQ737702_
ART & JAZZ
(Name of',~pec[aF Even0 ~ ~'
Print Name
WitNess -
Please name
Michael Lis"~ck, Chairman
Deiray Beach Joint Venture
_MiChael Ustick
Print Name
MEMORANDUM
TO:
MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~//~{
SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING DECEMBER 2. 2003
REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: NOVEMBER 26, 2003
Attached is the Report of Appealable Land Use Items for the period November 17, 2003 through
November 26, 2003. It informs the Commission of the various land use actions taken by the
designated boards that may be appealed by the City Commission.
Recommend review of the appealable actions for the period stated. Receive and file the report as
appropriate.
S:\City Clerk\agenda rnemo~\apaoner~ 1ZOZ03
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY~ MANAGER
DORU,G [ ECTOR OF PLA.. .G A.D ZO, ,G
tASMIN ALLEN, PI..~NNER
MEETING OF DECEMBER 2, 2003 *CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS NOVEMBER 17, 2003 THRU
NOVEMBER 26, 2003
The action requested of the City Commission is that of review of appealable actions which were
made by various Boards during the period of November 17, 2003 through November 26, 2003.
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.
No appealable items were considered by the Board. The following items will be forwarded to
the City Commission for action:
Recommended approval (6 to 0, Kenneth Peltzie absent) of a rezoning from R-l-AA
(Single Family Residential) to RM-8 (Medium Density Residential - 8 dwelling units per
acre) for a 1.36 acre parcel of land known as Simmons Cay, located on the west side
of State Road A-1-A (Ocean Boulevard), approximately 140 feet south of Vista Del
Mar Drive.
Recommended approval (6 to 0) of an amendment to the Land Development
Regulations Section 4.3.3(AA) "Adult Entertainment Establishments" in order to amend
the distance limitation between any adult entertainment establishment and any
alcoholic beverage establishment.
City Commission Documentation
Appealable Items Meeting of December 2, 2003
Page 2
Recommended approval (6 to 0) of a combined preliminary/final plat for Bexley Park, a
proposed 264 unit residential development, located north of Lake Ida Road, between
Military Trail and Barwick Road.
A. Approved (7 to 0), a request for a flat wall sign for The Law Center, located within the
Congress Square Shopping Center at the southwest corner of Congress Avenue and
Atlantic Avenue (2160 West Atlantic Avenue).
B. Approved with conditions (7 to 0), an exception to the master sign program for Celebrity
Cleaners located within Delray Square Shopping Center at the northeast corner of West
Atlantic Avenue and Military Trail (4751 West Atlantic Avenue).
C. Approved (7 to 0), a request for a color change for Lake Ida Shopping Center, located at
the southwest corner of Lake Ida Road and Congress Avenue.
D. Approved (6 to 0, Gary Eliopoulos stepped down), a request for a color change for Delray
Corporate Centre (fka Sun-Sentinel Building), located at the northeast corner of Congress
Avenue and the C-15 Canal.
E. Approved (5 to 0, Gary Eliopoulos and Roger Cope stepped down), a Class I site plan
modification associated with fa(~ade and landscape improvements for the Berkheimer
Building, located on the west side of NE 4th Avenue, between Atlantic Avenue and NE 1st
Street (80 NE 4th Avenue).
F. Tabled (7 to 0), a Class I site plan modification associated with architectural elevation
changes in conjunction with a 652 sq. ft. addition for Copenhagen Restaurant, located at
the northeast corner of NE 6th Avenue (northbound Federal Highway) and NE 1st Street
(115 NE 6th Avenue). The Board tabled the request as they felt that the elevations of the
addition were not consistent with the existing structure.
G. Approved with conditions (7 to 0), the architectural elevation plans associated with a Class
II site plan modification for Bexley Park, a proposed single/multiple family subdivision,
located north of the Lake Ida Road, between Military Trail and Barwick Road.
H. Approved with conditions (7 to 0), the architectural elevation plan associated with a
proposed mixed-use building for 329 Pineapple Grove Way, located on the east side of
Pineapple Grove Way, between NE 3~d Street and NE 4th Street. The Class V site plan and
landscape plan were previously approved by the Board.
Approved with conditions (6 to 0, Gary Eliopoulos stepped down), a Class IV site plan
modification, landscape plan and architectural elevation plan associated with the
construction of a 75,000 sq. ft. building addition to the existing South Palm Beach County
Courthouse, located at the southwest corner of West Atlantic Avenue and SW 2nd Avenue.
Concurrently, the Board approved a waiver reducing the stacking distance along SW 2nd
Avenue from 50' to 28'.
City Commission Documentation
Appealable Items Meeting of December 2, 2003
Page 3
Approved with conditions (7 to 0), a Class V site plan, landscape plan and amhitectural
elevation plan associated with the construction of 69 multiple family residential units for The
Meridian, located at the southeast corner of SE 6th Avenue (northbound Federal Highway)
and SE 3rd Street. Concurrently, the Board approved the following waivers and special
action:
Reduced the required stacking distance between the right-of-way and the first parking
space from 50' to 26' (SE 4th Street) and 30' (SE 3rd Street).
Reduced the required visibility triangle from 40' at SE 3rd Street to 26' and 28' at SE 4th
Street.
Approved an increase in the height of the proposed stair towers to 58.5'.
K. Approved (6 to 0) a Class V site plan, landscape plan and architectural elevation plan for
Pineapple Grove Building, a proposed mixed-use development consisting of 40 residential
units and 16,601 sq. ft. of commercial floor area, located at the northwest corner of
Pineapple Grove Way and NE 2nd Street. Concurrently, the Board approved the following
waivers:
Reduced the point of access to a street from 24' to 20' for the north driveway onto
Pineapple Grove Way.
Reduced the 50' minimum required distance between a right-of-way and the first parking
space or aisleway in a parking lot to 29' at the alley driveway.
Reduced the required ,5' perimeter landscape strip between a vehicular use area and
abutting properties to 3'2".
Reduced the visibility triangle for the accessway along Pineapple Grove Way and the
alley from 20' to 15' and 7' respectively.
1. Approved (4 to 0, Francisco Perez-Azua, Randee Schatz and Jeff Siberstein absent), a
Certificate of Appropriateness associated with the installation of storm panels for a non-
th th
contributing residence located at 330 SE 7 Avenue (west side of SE 7 Avenue, between
SE 3rd Street and SE 4th Street).
2. Approved (4 to 0), a Certificate of Appropriateness associated with the installation of a free-
standing sign for Power Mortgage Company, located on the east side of North Swinton
Avenue, between NE 1st Street and NE 2naStreet (131 North Swinton Avenue).
3. Tabled (4 to 0), a Certificate of Appropriateness associated with the installation of an
awning for the Blue Anchor, located at the southeast corner of East Atlantic Avenue and
Palm Square (802 East Atlantic Avenue). The Board tabled the request as they felt the
awning should be redesign to compliment the elevations.
By motion, receive and file this report.
Attachment: Location Map.
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting -
December 2, 2003
S.P.R.A.B.:
A. THE LAW CENTER
B. CELEBRITY CLEANERS
C. LAKE IDA SHOPPING PLAZA
D. DELRA Y CORPORA TE PLAZA
E, BERKHEIMER BUILDING
F. COPENHAGEN RESTAURANT
G. BEXLEV PARK
H. 329 PINEAPPLE GROVE WAY
I. SOUTH COUNTYCOURTHOUSE
J. THE MERIDIAN
K. PINEAPPLE GROVE BUILDING
H.P.B.:
1. 330S. E. 7THAVENUE
2 131 NORTH SWINTON AVENUE
3. BLUE ANCHOR
S
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~t~
AGENDA ITEM # ~" - REGULAR MEETING OF DECEMBER 2. 2003
AWARD OF BIDS AND CONTRACTS
NOVEMBER 26, 2003
This is before the City Commission to approve the award of the followhag bids:
1. Contract award to DiLoreto & Sons Vending, Inc. for snack vending machine
service at various locations within the City.
Recommend approval of the above bids and purchases.
S:\City Clerk\agenda memo\Bid Mea~no.l ZOZ03
MEMORANDUM
TO:
FROM:
THROUGH:
DATE:
David T. Harden, City Manager
Jacklyn Rooney, Purchasing Manager
Joseph Saffor~ce Director
November 24, 2003
SUBJECT:
DOCUMENTATION - CITY COMMISSION MEETING
DECEMBER 02 - CONTRACT AWARD - RFP #2004-01
REQUEST FOR PROPOSALS FOR SNACK VENDING
MACHINE SERVICES
Item Before Commission:
City Commission is requested to approve the contract award for the Snack Vending Services to
DiLoreto & Sons Vending, Inc.
Background:
Request for Proposals for Snack Vending Services were advertised on October 05, 2003 in the
Palm Beach Post and in addition downloaded to DemandStar. Com. A total of two (2) responses
were received on October 28, 2003. This proposal is for placement of snack vending machines at
locations designated by the City on City owned or leased property. A tabulation of responses
received and pricing per snack item is attached for your review.
The proposals were reviewed by Purchasing, Finance and the City Treasurer to compare the
proposals received basing the criteria as listed in the Request For Proposal package for
experience & qualifications, unit price per item per product type and size offered for the general
public and City, range of selection and technical approach. In addition a bid analysis/evaluation
was completed using the quantity of 1,500 units per month per each snack using the vendor's
commission to the City which was submitted in their proposal package. See attached evaluation
for the estimated revenue.
As a result of this analysis, evaluation of proposals received, and vendor's current performance,
staff is recommending award to DiLoreto & Sons, Inc. at 20% Commission revenue to the City.
DiLoreto & Sons, Inc. is our current vendor who was awarded a contract in .1997.
Attachments:
RRP Tabulation
Revenue Evaluation
CiTY OF DELRAY BEACH
BID TABULATION FOR SNACK VENDING MACHINE SERVICES
RFP #2004-0'1
October 28, 2003
DiLoreto & Sons Vending, Inc. All Seasons Services, Inc.
Chips $0,50 20% Chips, Large Size* $0.80 12%
Crackers $0.60 20% (See Healthy Snacks)
Cookies $0.75 20% (See Pastry)
Candy $0.75 20% Candy/Chocolate** $0.75 12%
Pastry $0.75 20% Pastry $0.75 0%
Health $0.75 20% Healthy Snacks*** $0.65 12%
Gum/Mints $0.50 20% Gum/Mints $0.50 12%
3andy M&M Mars S"~ickers $0.75 2.07 oz. M&M Mars Snickem $0.75 2 oz.
M&M Mars M&M Nut $0.75 1.74 oz. M&M Mars $0.75 1.12 oz.
Hershey Almond $0.75 1.45 oz. Hershey Twizzlers $0.65 3 oz.
Hershey Reese Cup $0.75 1.6 - 2.4 oz. Hershey 3 Musketeers $0.75 2.13 oz.
Nestle Crunch $0.75 2 oz. Reese's Peanut Buffer Cup $0.75 1.5 oz.
Hershey Twizzlers $0.75 2 - 3 oz. Starburst Fruit Chews $0.65 2 oz.
Nestle Buttedinger $0,75 2.1 oz. Nestle Butter/]nger $0,75 2.1 oz.
Nestle Baby Ruth $0.75 2.1 oz. Nestle Baby Ruth $0.75 2.1 oz.
Nature Valley Granola $0.75 1.74 oz.
Crackers Lance Toastchee P.B, $0.60 1.38 oz. Rugers - Chocolate Wafers $0.65 2-1/8 oz.
Lance Cheese on Wheat $0.60 1.38 oz, Lay's Cheese & Peanut Butter $0.65 1.46 oz.
Gilda Crackers $0.65 1.75 oz.
Ritz Air Crisps $0.65 2 oz.
Chip Bag Lay's Regular $0.50 1 oz. Lay's Regular $0.75 2.25 oz.
Snyder Pretzels $0.50 I oz. Lay's Rold Gold Pretzels $0.75 2.25 oz.
Nabisco Wheat Thins $0.50 I oz. ARA - Plantains $0,75 1.2 oz.
Lay's Cheetos $0.50 I oz, Lay's Cheetos $0.75 1.75 oz.
Lay's Doritos $0.50 I oz. Lay's Doritos $0.75 1.75 oz.
Lance Popcorn $0.50 3/4 oz. Lays Sun Chips $0.75 1.75 oz.
Baked Lays $0.50 1 oz. Baked Lays $0.75 1.75 oz.
Baked Sour Cream & Cheddar $0.50 1 oz. Lay's Ruffles $0.75 1.75 oz.
Gum/Mints Wri~leys Spearmint $0.50 5 stick Life Savers - Assorted $0.50 .35 oz.
Wrigleys Doublemint $0.50 5 stick VWigleys - Assorted $0.50 5 stick
Pastl7 Cloverhill Honey Bun $0.75 4.75 oz. Grandma's Mini Cookies $0.75 4.1 oz.
Cloverhill Cinnamon $0.75 4 oz. Kello~l~is Pop Tarts $0.75 3.6 oz.
Bag Cookies Famous Amos $0.75 2 oz. Famous Amos Chocolate $0.75 2 oz.
Nabisco Mini Oreo $0,75 1.75 oz.
Pack Cookies Nabisco Fig Newton $0,75 2 oz. Planters Peanuts $0.65 1.0 oz.
Nabisco Lorne Doone $0.75 1.5 oz. Snack Well - Vanilla Cr~me $0.65 1.7 oz.
Oreo $0.75 1.8 oz. Kars Nuts & Yogurt $0,65 2.25 oz.
Bag Snacks Mr. Nature Trail Mix $0,75 2 oz. Munchies Snack Mix $0.65 1.75 oz.
Gardetto Snack Mix $0~75 2 oz. ~,ct II Popcorn $0.75 3.5 oz,
Chips, large size are generally 50%-100% larger than
regular chip bags (1-3/4 oz. or 2 oz.)
'* Candy/Chocolate includes Pop Tarts and popcorn.
'**Healty Snacks include crackers and nuts.
Sales of Pastry excluded from Commissions.
S:/Flnance/Pumhasiag/~id Tabulation/Snack VeXing Machine Sen~ces~b/sdl/111t0/93
0000000
0000000
AGENDAITEM NUMBER:
AGENDA REQUEST
Requesttobeplacedon:December02,2003
· XX Consent Agenda
Description of agenda item:
__ Special Agenda
Date: November 24, 2003
__ Workshop Agenda
Award of contract to DiLoreto & Sons, Inc. for snack vending machine services at locations
designated by the City on City owned property per Request For Proposal #2004-01.
Revenue to be paid to City is 20% of total sales.
ORDINANCE/RESOLUTION REQUIRED: YES NO
Draft Attached: YES NO
Recommendation:
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):
~Jl A No
(if applicable)
Funding available: Yes
Funding alternatives:
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agenda:~ ~ Ne
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGER_ .~,--.,
.//SCO'I-I' ARONSON, FARKING MANAGEMENT SPECIALIST
MEETING OF DECEMBER 2, 2003 - REGULAR AGENDA
REVIEW A REQUEST FROM PINEAPPLE GROVE BUILDING FOR THE PURCHASE
OF FOUR (4) IN-LIEU PARKING SPACES AND APPROVAL FOR THE
CONSTRUCTION OF TEN (10) ON-STREET PARKING SPACES
Pineapple Grove Building located on the west side of NE 2"d Avenue (Pineapple Grove Way) north of NE 2nd Street
(f/k/a Pineapple Grove Car Wash and The Annex Restaurant) is a proposed mixed use development containing 40
residential units, approximately 14,300 square feet of retail space and two (2) restaurants totaling approximately
2,300 square feet.
Pursuant to Land Development Regulations (LDR) Section 4.6.9(C)(8)(a) Shared Parkin.q the development requires
151 parking spaces. The proposed site plan provides 147 on site parking spaces. Therefore, pursuant to LDR
Section 4.6.9(E)(3)(b)(3) the applicant is requesting the pumhase of four (4) in-lieu parking spaces at a cost of six
thousand dollars ($6,000) each, totaling twenty four thousand dollars ($24,000). Pursuant to LDR Section
4.6.9(E)(3)(e) the applicant proposes to construct ten (10) on-street parking spaces in the adjacent rights-of-way
[Nine (9) along Pineapple Grove Way and one (1) on NE 2~d St.] resulting in a total of seven (7) new public parking
spaces [three (3) spaces currently exist and are to be reconfigured]. Reimbursement for the construction of the on-
street parking spaces will be sought pursuant to Section 4.6.9(E)(3)(e).
The initial development proposal included a request for the purchase of nine (9) in-lieu spaces excluding the
restaurant. The addition of the restaurant would have increased the request to fifteen (15) spaces. The applicant
has scaled back the project to the current request of four (4) in-lieu spaces. It is noted that if the development was
solely retail i.e. did not include the restaurant component, the project would be deficient by only % of a space which
could have easily been accommodated through a marginal reduction of square footage. The applicant has
proposed the restaurant space to meet the recommendations of the CRA and the Planning and Zoning Department.
The construction of seven (7) new on-street public parking spaces will benefit the surrounding area and will be
available for use by the general public.
Community Redevelopment Agency (CRA): At their meeting of September 23, 2003 the CRA supported the
project including the restaurant and an in-lieu request for fifteen (15) spaces (proposal prior to reduction).
Downtown Development Authority (DDA): At their meeting of October 21,2003 the DDA supported the project
but raised the following concerns:
1. Safety issues regarding the parking deck's entry/exit ramp from the upper level located on Pineapple Grove
Way and potential site visibility issues between exiting vehicles and pedestrians,
2. Concerns that the developer is not fully meeting the parking requirement,
3. The reservation of only one (1) parking space per residential unit and the potential conflict with shared
spaces and,
4. Two matters unrelated to parking with respect to potential noise from air conditioning units and light glare
and spillage onto adjacent properties from the lighting on the second floor parking deck.
Parking Management Advisory Board (PMAB): At their meeting of October 28, 2003 the PMAB unanimously
recommended approval of the applicant's request for the purchase of four (4) in-lieu parking spaces.
By motion, approve the request from Pineapple Grove Building for the purchase of four (4) in-lieu parking spaces
and the construction of ten (10) on-street parking spaces in the adjacent rights-of-way.
MelTIO
David Harden, City Manager
Frma.' Lula Butler, Director, Community Improvement
Date.' November 25, 2003
Re: Request for Reduction of Lienl40 SW 6th Avenue
ITEM BEFORE THE COMMISSION:
Consideration of a request from Mr. James Thomas, a pdvate investor, to release a portion of
the liens assessed for demolishing an unsafe structure and abating certain nuisances to the
property addressed as 40 SW 6th Avenue. Mr. Thomas is seeking a reduction equal to the
accrued interest and other fees. The total amount of the lien is $4,369.15; the accrued
interest and other fee amount is $1,338.29.
BACKGROUND:
Mr. Thomas acquired this lot through a tax certificate at a cost of $9,200. He intends to
construct a new single family home partnering with a local contractor. This request is
consistent with City Commission policy governing the reduction and release of liens approved
October 21, 2003. The owner's application, letter of request from his agent and
documentation of the assessed liens is attached for your reference.
RECOMMENDATION:
Staff is recommending approval of the request from Mr. James Thomas to reduce the
amount of the outstanding liens assessed to the property represented in his application in the
amount of $1,338.29, providing that the outstanding balance representing the City's actual
out-of-pocket costs are paid within 30 days of City Commission approval. The release of the
lien shall be coordinated with the submission of a building permit for a single family home.
LB:DQ
Attachments
........................... Charge Breakdown
Customer # 217
Name Pauline Rice
Address 40 SW 6th Avenue
DATE INVOICE RECORDING ADMINISTRATIVE VENDOR PAYMENT
FEE FEE
NUISANCE
11/25/02 23165 80.00 114.00
05/23/02 22049 80.00 96.80
10/25/01 20675 80.00 81.35
03/06/01 19357 4.91 70.00 90.83
05/29/87 9642 2.11 35.00 125.00
DEMOLITION
05/02/01 19736 246.74 2,515.86
PAYMENTS TO VENDORS 3,023.84
ADMINISTRATIVE CHARGES 591,74
RECORDING FEES 7.02
INTEREST 746.55
TOTAL 4,369.15
City of Delray Beach
Department of Community Improvement
REQUEST FOR REDUCTION OF MUNICIPAL LIENS FORM
1. Please complete the information listed below as the requester for lien reduction.
· Requester's ~siness, please list company name and contact person):
· Contact Telephone Number:
· Fax Number:
· E-mail address:
/
2. Please indicate if the company listed in 1, above (if applicable) is:
[] For Profit
[] Non-Profit
3. Property information - Describe the property for which this request is being made: · Address: "~
Legal Description:
Property Control Number (PCN):
4. Property acquisition information:
· DateofPurchase: 5t/t/K~.~ ~
· Method of Purchase - Warranty Deed, Tax Certificate, etc.:
· Purchase Price $
5. Briefly describe e3g~ctly what you are requesting from the City:
. _
6. Briefly describe the purpose for which subject property will be utilized and your
proposed t~metable for implementing such use:
7. Have you requested lien reductions at any other time from the City of Delray Beach?
If so, when and on what property:
Agent's Title
/ D/~e S~ul~mitted
~uesa~y, ~avr~o8, ~oo3
CiO/v_fWe£ray Beach coa~ _~nfvrceraent ~e. vartment
CIO ~gicftaraSWauer
z oo~ zxt
?fi: ?equest for a heating to tiave fines ~aiveaCanae/ar reaCucearfar rea/
avroaverty.
My cam/any is thejrrocess af jrurc/iasing t/ie fallb~ingjrrojverties in We[ray
~each t~at have nu~ance a~atement £ums an t/ienz 5rhree of thej~roverty
enowrs are aOceasearana%ee are goint~ thrauff/i t/ie ~eirs, t/ie remaininl7
jrrover~es ~e ~lave a~reaa~y /iaartitkaCaue4ers/i~av tranrferrea~aruf are &rethy
requestin~ t/iat yau~vkaxe allb~ aur camavany tv aavavear ~efare t~e City
Commixs/oner ta ashlar a vaiver agar rea~uction in fees anar/tere /taw are
comflany ~r go£nt7 to 5e~tt~t~/~ t/~eFoj~e~.
I great£y a~vavreciate your ti~, anarif yau have any questians~vkase aO nvt
/ws£tate to contact me irameae~ta£y.
D~te: 11/25/03
O
AGENDA ITEM NUMBER: q
AGE NDA RE OUE ST
Request to be placed on:
__ Consem Agenda _X__ Regular Agenda
When: 12/02/03
Description of agenda item (who, what, where, how much):
Request for Reduction of Lien - 40 SW 6 Ave
$1,338.29
__ Workshop Agenda_
Special Agenda
Department Head ~/~,~u~__~C~s~
Signature: -- -'"--
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials:
Account Number
Description
Account Balance:
Funding Alternatives:
City Manager Review:
Approved for Agenda:~ / No Initials: ~
Hold Until:
Agenda Coordinator Review:.
Received:
(if applicable)
David Harden, City Manager
Lula Butler, Director, Community Improvement
November 25, 2003
Approval of the Grant Agreement from the MacArthur Foundation
ITEM BEFORE THE COMMISSION:
City Commission approval of the grant agreement between the City and the MacArthur
Foundation for a 2-year grant in the amount of $150,000, in support of implementing the
Southwest Area Neighborhood Redevelopment Plan.
BACKGROUND:
City Commission authorized the submission of the grant proposal providing technical
assistance and resources for the implementation of the Southwest Neighborhood Area
Redevelopment Plan, to the MacAdhur Foundation in August, 2003. The City received
formal notice of approval along with the required grant agreement for execution by the Mayor
as referenced in the attached transmittal letter.
RECOMMENDATION:
Staff is recommending City Commission approval of the Grant Agreement between the City
and the MacArthur Foundation accepting the $150,000 grant for the pedod of December 1,
2003 through November 30, 2005. The implementation of tasks under the grant will be
brought back to the Commission as a separate item.
LB:DQ
Attachments
MACARTHUR
The John D.,md C.~heriae 'E Iv'hcAz~ur Found~on
November 19, 2003
Honorable David W. Schmidt
Mayor
City of Delray Beach
100 NW 1st Avenue
Delray Beach FL 33444
Dear Mayor Schmidt:
It is my pleasure to inform you that the MacArthur Foundation has awarded a
grant in the amount of $150,000 to the City of Delray Beach, Florida in support of
implementing the Southwest Area Neighborhood Redevelopment Plan. The terms
and conditions of this grant are described in the enclosed agreement. We ask that
an authorized representative of your organization execute the agreement and return
it to the attention of Marc P. Yanchura, Treasurer of the Foundation. If you or your
staff have any questions on the contents of the agreement, please contact Steven
Casey, Program Associate II, at (312) 516-1642.
We wish you every success in your important work which we are pleased to
support.
Sincerely,
athan F. Fanton
President
Enclosure
Grant No. 03-79885-000-HCD
14o South Deagoorn Slx-eet, Suite IlOO, Chicago, I~nois 6o6o3-$z85
Telephone: (3i:z) 7z6-8ooo Facsimile: Ox:z) 920-6z58 www. macfotmd.org
AGREEMENT
DATE:
November 19, 2003
GRANT NO.:
03-79885-O00-HCD
GRANTEE:
City of Delray Beach, Florida
100 NW 1st Avenue
Delray Beach FL 33444
('your organization")
GRANTOR:
John D. and Catherine T. MacArthur Foundation
140 South Dearborn Street, Suite 1100
Chicago, Illinois 60603-5285
(the ~Foundation')
GRANT AMOUNT:
U.S.$150,000
PURFOSE OF GRANT:
In support of implementing the Southwest Area Neighborhood
Redevelopment Plan (the "Purpose"}
FOR USE OVER THE PERIOD: December 1, 2003 - November 30, 2005
EXPECTED PAYMENT SCHEDULE, as may be amended by the Foundation from time to time (the
"Payment Schedule"):
Initial Installment:
Year 2:
U.S. $75,000, paid in a single lump sum
U.S. $75,000, paid in a single lump sum
WRITTEN REPORTS DUE, as may be amended from time to time upon written authorization from the
Foundation (the "Due Dates"):
December 31, 2004:
December 31, 2005:
Annual Report, covering the period through November 30, 2004
Final Report, covering the entire life of the grant
OTHER TERMS AND CONDITIONS:
PAYMENT TERMS: (A) Payment of the grant funds is expected to be made as indicated in the
Payment Schedule above, prodded your organization is in compliance with all terms and conditions of
this agreement at the time of the scheduled payment. Untimely or unsatisfactory written reports will
delay the Payment Schedule.
(B) The initial installment of grant funds will be made within ninety (90) days after receipt by the
Foundation of a fully-executed copy of this agreement and all necessary mx documents.
BANK ACCOUNTS: Grant funds shall be deposited in an interest-bearing account whenever feasible.
Any grant funds, and income earned thereon, not expended or committed for the purposes of the
grant, will be returned to the Foundation.
USE OF FUNDS: (A) Under United States law, Foundation grant funds, and income earned thereon,
may be expended only for charitable, religious, scientific, literary or educational purposes. This grant
is made only for the Purpose stated above, and it is understood that these grant funds will be used
only for such Purpose, substantially in accordance with the proposal submitted by your organization
on or about September 2, 2003 and the budget attached thereto (the "approved budget"), subject to
the terms of this agreement. Your organization agrees to obtain the Foundation's prior approval in
writing should there be any material changes or variances to the approved budget, including the
timing of expenditures, at any point during the course of this grant.
(B) RESTRICTIONS ON USE OF FUNDS: Your organization hereby confn-ms that Foundation grant
funds w/fi not be used to carry on propaganda, to lobby or otherw/se attempt to influence leg/slation
or to conduct any activities described in Sections 4945(d) and {e) of the United States Internal
Revenue Code and the Treasury Regulations thereunder. Your organization further confnuns that the
primary purpose of undertaking the work described in your organization's proposal is not for use in
lobbying. For your information, enclosed is a summary of the types of activities prohibited under
Section 4945 of the United States Internal Revenue Code. Further questions regarding impermissible
activities should be directed to your organization's tax or legal advisor.
4. WRITTEN REPORTS: (A) Two copies of written reports signed by an appropriate officer of your
organization are to be furnished to the Foundation to the attention of Steven Casey, Program
Associate Il, Program on Human and Community Development, covering each year in which your
organization receives or expends any portion of the grant funds until the Foundation's grant funds,
and any income earned thereon are expended in full or the grant is otherwise terminated. The written
reports for this grant are due no later than the Due Dates specified above.
(B} Each written report should contain a narrative and f'mancial account of what was accomplished by
the expenditure of the grant funds during the period covered by the report. The narrative account
should contain a detailed description of what was accomplished by the grant, including a description
of the progress made toward achieving the goals of the grant and an assurance that the activities
under the grant have been conducted in conformity with the terms of the grant. The financial
account should contain a financial statement reporting, in U.S. dollars, all expenditures of the grant
funds and any income earned thereon during the period covered by the report.
5. INTELLECTUAL PROPERTY: In countersigning this agreement, your organization acknowledges that
it has read the Foundation's Policy Regarding Intellectual Property {the "Policy"; Attachment [ hereto).
Except as may otherw/se be provided herein, all copyright interests in materials produced as a result
of this grant shall be owned by your organization. To effect the widest possible distribution of the
Work Product {as defmed in the Policy) and ensure that it enters and remains in the public domain,
your organization hereby grants to the Foundation a non-exclusive, transferable, perpetual,
irrevocable, royalty-free, paid-up, worldwide license to use or publish the Work Product and any other
work product arising out of or resulting from your organization's use of these funds, including all
intellectual property rights appurtenant thereto, and to subllcense to third parties the rights
described herein. Your organ/zation further acknowledges and agrees, at the Foundation's request, to
execute any additional documents necessary to effect such license.
fi*
USE OF NAME: Your organization acknowledges that the name and mark "John D. and Catherine T.
Mac. Arthur Foundation~ and all variations thereof and any other names and marks comprising the
name or mark "MacArthur* (the "MacArthur Name~), are the sole and exclusive property of the
Foundation, that any and all uses of the MacArthur Name by your organization shall inure solely to
the benefit of the Foundation, and that your organization shall not acquire any right, title or interest
in any MacArthur Name. All uses of any MacArthur Name by your organization in any manner shall
be subject to inspection by and approval of the Foundation, which approval may be granted or
withheld in the sole and absolute discretion of the Foundation. Upon termination of this Agreement,
or at the request of the Foundation at any time, your organization shall immediately discontinue and
forever thereafter desist from any and all use of any MacArthur Name and shall either destroy or
deliver to the Foundation, at no charge to the Foundation, stationery, brochures, proposed paid
media and other similar materials bearing any MacArthur Name that then are in the possession or
control of your organization.
PUBLICATIONS: Two copies of any publications produced or disseminated wholly or in part with
these grant funds will be furnished to the Foundation. Unless otherwise notified by the Foundation,
such publications should include a simple acknowledgment of the grant support from the
Foundation.
UNTIMELY OR UNSATISFACTORY REPORTS: If satisfactory written reports are not submitted to the
Foundation on a timely basis, further payments, if any, to your organization under this grant or
under any other Foundation grant will be withheld until such time as satisfactory written reports are
received.
Foundation Grant No. 03-79885-000-HCD
-2-
EVALUATING OPERATIONS: The Foundation may monitor and conduct an evaluation of operations
under this grant, which may include a visit from Foundation personnel to observe your organization's
program, discuss the program with your organization's personnel, and review financial and other
records and materials connected with the activities financed by this grant.
10. FOUNDATION GRANT REPORTS: The Foundation may include basic information about this grant in
its periodic public reports and may also refer to the grant in a press release. If there are special
considerations concerning the public announcement of this grant at your organization, or if you
would like to coordinate a public announcement of the grant with the Foundation's announcement,
we encourage you to contact the Foundation's Office of Public Affairs to discuss your concerns.
11. RIGHT TO DISCONTINUE FUNDING: The Foundation reserves the fight, in its sole discretion, to
discontinue funding if it is not satisfied with the progress of the grant or the content of any written
report required herein.
12. MODIFICATION OF TERMS: The terms of this agreement may be modified only by an agreement
signed by an officer of your organization and a corporate officer of the Foundation. Any modifications
made by your organization to this printed agreement {whether handwritten or otherwise) will not be
considered binding on the Foundation until written confirmation of such modification is obtained
from the Foundation.
13. HEADINGS: The section headings in this agreement are for convenience only and are not intended,
and shall not be construed, to alter, limit or enlarge in any way the scope or meaning of the language
contained in this agreement.
14. ENTIRE AGREEMENT: This agreement represents the entire agreement between your organization
and the Foundation with respect to the subject matter herein and supersedes any and all prior
agreements, understandings, negotiations, representations and discussions with respect thereto.
15. DUE AUTHORITY: The person{s] signing this agreement on behalf of your organization
represents and warrants to the Foundation that s/he is an officer of your organization and has
requisite legal power and authority to execute this agreement on behalf of your organization
and bind your organization to the obligations herein.
IN WITNESS WHEREOF, the parties have caused this agreement to be executed as of the day and date
first written above.
JOHN D. AND CATHERINE T.
MacAR~ FOUNDATION
:::
CITY OF DELRAY BEACH, FLORIDA
By:
Its:
Title
Acceptance Date:
Foundation Grant No. 03-79885-000-HCD
-3-
To facilitate receipt of the grant funds, complete the following and return the fully-signed agreement to
Marc P. Yanchura, Treasurer of the MacArthur Foundation, 140 South Dearborn Street, Suite 1100,
Chicago, Illinois 60603-5285.
Payment ehould be made payable to CITY OF DELRAY BEACH, FLOI~IDA
PERSONS AND ORGANIZATIONS LOCATED IN THE UNTTED STATES:
Please provide mailing instructions for the remittance:
Contact Name:
Title:
Organization:
Address:
Phone (optional):
E-Mail (optional):
PERSONS AND ORGANIZATIONS NOT LOCATED IN THE UNITED STATES:
Check here and complete if payment should be mailed:
Contact Name:
Title:
Organization:
Address:
Phone (optional):
E-Mail (optional):
Check here if payment should be wired and attach separate sheet with complete wire instructions
Foundation Grant No. 03-79885-000-HCD
-4-
mOnies may not bo used to pay fi~r attempts, to
Jnfli~enco legislation, unless they qualify under cm'tain
~eciftc mcepfluns. (These laws d~ not affeot how
~lee~.may.spand mOney receiv~ 'from o~
A c,-.~-;=-e-~ion with theso government penunnet
l~,d,moa and indicates a view on that le~ladon.
proc~tu~. :.Loglziattofl of'ilia
O).en,xnm~ h reotpi~t df~ oo,,-~ation to
~.,n.. infonmS~n of a ie~_ ,~ or'aa
.,~a~"'mamtab' fmr d~ r~nt to sund to a
legsia~ or othar Sovamnunt official
4. It may specifloa~ i~ oho o~ n~u
cl. a member of tim leg!sb_~'comm;~ee that
· ' will oensider the legislation. '
The~ nm a few spacifio oxcoptions from prohibited
lobbying. Tho most important of those for MacAl~lnn- . .
Fmmdatton grantees nr~ the exception for
ewar.~:~tions and dts~u~iom of broad social,
economic, and similar problems md tho exgeption for
nonparflsen analys~ ztudy, or researoh,
~ I~givkd'~on
*3pe~lfl~ loitshflon" Jmiadez bolh legislation e~t
h~ o]rend~ been Jfltroduoed in a lo~biatl3~ bod~ end
a spaotflo lesislativo PrOlXml.
Leg~lation
l.~islation refors only to aotion by n legislative
body-tach us a consre., sonata, Ohambo~ of
d~puiies, house of repr~entatt~se, atato lo~lalaturo,
to~1 oounoii or mtmioipal ohambor of representatives
-- Or by ~ ptthlio iff a ~'~adll~a Or ~lmilor
A oomm*mication regarding broad social, economio,
alii[ 81ra|l~l' problems will n~t oomdtute IobbyiaB,
even if the problems discussed are of n typo with
legislators or the general publi~ about problems that
legislature should addre~ Th~o
d~m~m of ~ pc~b~nt fa~,' which is ,~i~t to
or~.o~nnl ~iimak~nl~atlon was for u~o in lobbying, tho
amounts spent to prepare tho ori_t,~nnl ~ommnul~ttion
wlll. be. tr~ted as funds:used for:lobby/nS.
- 012) 726-sooo.
2
2/1/~
~ .en~nS~ of members ofJho ~ publio to cont~ 1~ or other govmnn~ personnd
ATTACHMENT I
POLICY REGARDING INTELLECTUAL PROPERTY
ARISING OUT OF THE USE OF MACARTHUR FOUNDATION GRANT FUNDS
Grants awarded by the John D. and Cathedne T. Mac. Arthur Foundation (the "Foundation") in furtherance of the Foundation's tax-
exempt purpose often result in, or are used to produce, films, television documentedes, radio programs, reseamh, patents, audio
or visual recordings, books, papers, or other written matedal, or tangible pmperbj (collectively, "Work Product"). The dghts of
ownership and control of such Work Product, ~ncludlng the fight of Copyright, the eght to obtain and use patents, trade secret
fights and other related property fights, are referred to herein as "intellectual Property Rights".
The purpose of this policy is to inform grantees, employees, consultants and others of the Foundation's policy regarding the
ownemhip and use of Intellectual Property Rights and Work Product resulting in whole or in pert from Foundation grant funds.
The Foundation's general policy is to take reasonable steps to ensure that the results of its gmntmakieg benefit the public as
much as practically possible without undue cost to the public. In most cases, therefore, the Foundation encourages the widest
dissemination of the results of its grants so as to advance the public good. To this end, the Foundation may, as detailed below,
require an assignment to the Foundation of the Intellectual Property Rights to Work Product. In other cases, the Foundation will
require that the Foundation be granted a royalty-free, non-exclusive, fully paid, assignable license to use or publish the Work
Product. These atiematives would permit the Foundation to use the Work Product for its charitable purposes, including internal
use, and ensure that the Work Product is made widely available. In instances whero the polices, procedures, or regulations of
another grantor, such as a governmental agency or university, limit the Foundation's ability to obtain any assignment or license,
the Foundation will seek to ensure public dissemination as is appropriate under the cimumstances.
Use of Foundation Name.
Since its inception, the Foundation has made grants to certain individuals chosen pursuant to a procedure approved by bhe
Internal Revenue Service under the program known as ~e MacArthur Fellows Program. The recipients of such grants ara known
as "MacArthur Fellows". The Foundation has an interest in protecting the use of its name and the use of the phrase "MacAdhur
Fellows". The recipient of a grant from the Foundation other than a "MacArthur Fellow' should not identity itself or him/herself as
the recipient of a Mac_Arthur Fellow, MacArthur Pdze, MacArthur Scholar or a similar name or phrase without the express written
consent of the Foundation.
Work Product ArlslnFI f~rn Use of Foundation Fonds, Generally.
Where Work Product is a result of the Foundation's grant support, it is the Foundation's general pelicy not to seek revenue from
the licensing of Intellectual Property Rights or the use of Work Product if the Work Product is otherwise made widely available for
public use by the grantee or its assigns without substantial charge. Exceptions to this policy may be made on a case by case
basis as may be permitted by applicable law. In particular, in cimumstances where other funders or investors ara seeking to be
paid royalfies, the Foundation may condition a grant or program-related investment on sharing, on an equitable basis with other
participants, the royalties generated from Work Product developed in whole or in part from Foundation funds. Similarly, if the
grantee has a reasonable prospect of receiving substantial payments for such Work Product, the Foundation may, in accordance
with law, seek to share in the proceeds derived from such use. The Foundation may forego its share i_f it is satisfied that the
balance of any royalties or income earned by the grantee with respect to such Work Product, after payment of expense, will be
utilized for the support of charitable causes, including, scientific or engineedeg research, education, or the arts.
Copyright is the ownomhip and control of original works of authomhip subject to copyright law. It gives the holder of the ceovfieht
(usually the author or c~eator) the exclusive dght to reproduce such expression; to dislfibute the expressino; to display the chginal embodiment;
and to prepare derivative works. Copyright does not protect mere ideas; it is the repmclucf~n of the paKdcular expression of the idea that is
protected by copyright law.
Date: I 1/24/03 AGENDAITEM NUMBER:
O
AGENDA REQUEST
Request to be placed on:
__ Consent Agenda ___X Regular Agenda
__ Workshop Agenda_
When: 12/02/03
Description of agenda item (who, what, where, how much):
Approval of the Grant Agreement from the MacArthur Foundation
$150,000
SpecialAgenda
Department Head, x~d ~ . ~
Signature:__~'c~//<~Q ~-~ ~----~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available:Yes / No Initials:
Account Number
Description
Account Balance:
Funding Alternatives:
City Manager Review:
Approved for Agenda: (~/ No Initials: ~
Hold Until:
Agenda Coordinator Review.'
Received:
(if applicable)
Message Page 1 of 1
Kucmerowski, Carolanne
From: Inglese, Cathy
Sent: Tuesday, November 25, 2003 4:10 PM
To: Kucmerowski, Carolanne
Subject: FVV:
..... Original Message .....
From: Inglese, Cathy
Sent: Tuesday, November 25, 2003 3:20 PM
To: Butler, Lula
Subject: Approval of the Grant Agreement from the MacArthur Foundation - $150,000
Brian reviewed your agenda item and it's fine.
Cathy
11/25/2003
CITY OF DELRI:IY BEI1rH
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Wdter's Direct Line: 561/243-7091
DELRAY BEACH
TO:
MEMORANDUM
November 14, 2003
City Commission
David Harden, City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: Amendment No. 1 to the Contract for Sale and Purchase Between
the City of Delray Beach, Florida and D.R. Horton, Inc. (Horton)
The contract for sale and purchase incorporates the Request for Proposals and
Response. The contract provides that D.R. Horton, Inc. will dedicate ten acres to
the City for a Public Park, and provide for a preliminary design of the park.
Amendment No. I provides that D.R. Horton will provide Construction
Management Services for the park, as long as they are on site, at no cost to the
City.
Amendment No. 1 also provides for the eady payment of park impact fees by D.R.
Horton, if the City has approved plans and a contract to commence park
construction.
The Construction Management Services are limited to on-site supervision and
scheduling of services of the City's contractor.
Please place this Amendment No. 1 to the Contract for Sale and Purchase on the
December 2, 2003 City Commission agenda.
Attachment
Cc: Barbara Garito, City Clerk
Joe Weldon, Director of Parks and Recreation
Karl Albertson, D.R. Horton
Tony Palumbo, D.R. Horton
Juan Rodriguez, Esq.
Robert Federspiel, Esq.
Amendment No. 1 to the Contract for Sale and Purchase Between the
City of Delra¥ Beach, Florida and D.R. Horton, Inc.
THIS AMENDMENT NO. 1 to the Contract for Sale and Purchase is made this
day of ,2003, by and between the City of
Delray Beach, a Florida municipal corporation (the "City")("Seller"), and D.R. Horton,
Inc., a Delaware corporation, (the "Buyer").
WITNESSETH:
WHEREAS, the City, as Seller and the Buyer, D.R. Horton, Inc. entered into a
Contract for Sale and Purchase (Contract) dated April 2, 2003; and,
WHEREAS, the Contract included the Request for Proposal (RFP) and and the
Response submitted by D.R. Horton, Inc., which provided that the Buyer was to
dedicate a public park to the City; and,
WHEREAS, the RFP and Response stated that the Buyer would provide a
design for a passive park; and,
WHEREAS, the parties have also agreed to the additional duties and
responsibilities pertaining to the Park as set forth herein.
1. Recitals. The Recitals are incorporated as if fully set forth herein.
2. Park and Recreation Impact Fees. In order that the City may use the
funds for some level of construction of the park at the time of construction of the Bexley
Park Development, D.R. Horton, Inc. will pay park impact fees at the rate of $500.00
per unit, per City ordinance, on the total number of units (264) for a total of $132,000.00
to be paid at closing, in the event the City has a contract for work to be performed,
together with approved plans, or the impact fees will be paid at the time D.R. Horton,
Inc. submits for a building permit or the City enters into a contract together with
approved plans for park construction, whatever occurs first.
3. Construction Management Services; Termination, As long as part of
the construction occurs in a timeframe that D.R. Horton, Inc. (Buyer) is on site, Buyer
will serve as construction manager for the construction of the park; provided however, if
at any time, the City is unsatisfied with the construction management services provided
by Buyer, the City has the right to retain its own construction manager or to act as its
own construction manager and the construction management services provided by
Buyer will cease within five (5) days from the date of a written Notice of Termination of
the services. The Construction Management Services provided by Buyer shall be
limited to on-site supervision and scheduling of services of the contractor's chosen by
the City. Buyer will not be responsible for any of the actual construction work done and
provides no warrantees there under.
4. Additional Construction Management Services. The City may provide
for additional development (beyond which is possible using the early payment of park
impact fees) in a phased approach. So long as Bexley Park is being constructed, the
Buyer will act as the construction manager for additional phases of park construction
and development at no cost to the City.
5. Costs of Construction Manager. The City shall not have to pay for any
construction management services provided by Buyer before or after any termination of
the services. The provision of the construction management services by Buyer is at
Buyer's sole cost and expense.
6. Survive ClosinR. The agreements herein provided shall survive closing
until and unless terminated as herein provided.
7. Additional Duties and Obligations. This agreement provides for
additional duties and obligations of the parties. Nothing contained herein shall change
or nullify any other obligation, right or duty contained in the original contract for sale and
purchase which shall remain in full force and effect.
8. Details of Execution. This Amendment No. 1 to the Contract for Sale
and Purchase to be enforceable must be executed by either Donald J. Tomnitz, Samuel
R. Fuller, or Gordon D. Jones, each an officer of the Buyer, and the Mayor of the City
of Delray Beach.
9. Entire ARreement. This Amendment No. 1 and the original Contract for
Sale and Purchase dated April 2, 2003 constitutes the entire Agreement between the
parties.
Attest:
CITY OF DELRAY BEACH, FLORIDA
By: By:.
City Clerk
Jeff Perlman, Mayor
Approved as to legal sufficiency
And form:
By:
City Attorney
3
D.R. HORTON, INC. a Delaware
corporation, successor by merger to
Continental Homes of Florida, Inc., a
Florida corporation
By:
Print Name:
Title:
(Seal)
STATE OF
COUNTY OF
corporation.
The foregoing instrument was acknowledged before me this __ day of
., 2003, by ., as
(name of officer or agent, title of officer or agent), of
(name of corporation acknowledging), a
(state or place of incorporation) corporation, on behalf of the
He/She is personally known to me or has produced
(type of identification) as identification.
Signature of Person Taking Acknowledgment
Name Typed, Printed or Stamped
Title or Rank
Serial Number, if any
4
D.R. HORTON, INC. a Delaware
corporation, successor by merger to
Continental Homes of Florida, Inc., a
Florida corporation
By:
Print Name: Gordon Jones
Title: Re,qional President
(Seal)
STATE OF
COUNTY OF
corporation.
The foregoing instrument was acknowledged before me this __ day of
2003, by ., as
(name of officer or agent, title of officer or agent), of
(name of corporation acknowledging), a
(state or place of incorporation) corporation, on behalf of the
He/She is personally known to me or has produced
(type of identification) as identification.
Signature of Person Taking Acknowledgment
Name Typed, Printed or Stamped
Title or Rank
Serial Number, if any
TO:
THRU:
FROM:
SUBJECT:
COTT ARONSON, PARKING MANAGEMENT SPECIALIST
MEETING OF DECEMBER 2, 2003 - REGULAR AGENDA
REVIEW RECOMMENDED MODIFICATIONS TO THE
AGREEMENTS
PARKING LICENSE
At the meeting of October 22, 2002 the Parking Management Advisory Board approved a common expiration date
for all Valet Parking License Agreements. These agreements are scheduled to expire on December 31, 2003 and
need to be renewed. Prior to renewal staff is recommending the following modifications to the agreements:
PaRe 2 Sec. 4 / Payment for ParkinR Queue Spaces:
Increase the monthly rate to $75.00. The current rate of $50.00 has been unchanged since originally
established in 1996. If and when the spaces are metered based on the City's current rate of $0.75 per hour
the value of each space would be $157.50 per month (Calculated from 5:00 PM - Midnight daily (7x $.75 x
30 = $157.50)). Additionally, this rate appears very competitive as the City of West Palm Beach charges
$250 per month per queuing space in the public right-of-way.
As stated, these fees have never been increased and are apparently under priced. Although this is a 50% increase,
it is recommended that the fee be re-evaluated each year so that any recommended increases in subsequent years
will be made in smaller increments.
Page 3~ Sec. 9 / Compliance With Laws:
1. Expand the requirement to comply with applicable laws to the Licensees' employees, agents,
representatives and subcontractors.
2. Modify the compliance and adherence to all state laws and local ordinances section of this agreement to
include traffic laws in addition to parking laws.
Page 4~ Sec. 14 - Penalties for Violations/Termination:
1. Include Section 9 with the incorporated changes (addition of compliance with traffic laws) as a violation
subject to penalties and fines.
Considering that all the Valet Services are subcontracted the changes to Sections 9 and 14 will assure that
licensees take a vested interest in overseeing the operation of the valet queues.
At the Parking Management Advisory Board meeting of November 18, 2003 there was significant discussion
dominated by two members of the Board that currently have parking license agreements with the City. These
discussions did not support any increase in the applicable fees nor additional accountability for the valet companies
or their personnel. A motion to approve as recommended failed to pass from a lack of a second.
A second motion, to approve renewal of the agreements without changes, passed unanimously.
By motion, approve the modifications to Sections 4, 9, and 14 of the Parking License Agreements as proposed by
staff highlighted in the attached agreement.
Attachment: Modified Agreement
PARKING LICENSE AGREEMENT
THIS AGREEMENT ("The Agreement") is made this 1 st day of January, 2004, by and
between the CITY OF DELRAY BEACH, a Flor/da Municipal Corporation (the "CITY"), and
., a Florida corporation ("LICENSEE").
WlTNESSETH:
WHEREAS, LICENSEE has requested permission to use a certain number of public
parking spaces along Atlantic Avenue and certain side streets for valet parking queues; and
WHEREAS, in order to use the parking spaces, the CITY requires that LICENSEE
enter into this non-exclusive License Agreement.
NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the mutual
covenants and conditions contained in this Agreement, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby
agree as follows:
1. Incorporation of Recitals. The parties hereby represent and warrant that the
above recitals are accurate and correct and hereby incorporate them in this Agreement.
2. Parkin~ Oueues. The CITY agrees to allow LICENSEE the non-exclusive use
of__ (number) parking spaces located for
valet parking queues. The parking spaces are to be used for valet parking queues daily between
the hours of p.m. to __ a.m. on (days per week).
LICENSEE acknowledges that the valet parking queues may be unavailable for use during
certain special events from time to time (as determined in the CITY's sole discretion) and during
the special events, the license will not be valid. It is also understood by the terms of this
Agreement that the valet queue location may from time to time be re-located by the CITY in its
sole discretion after providing thirty (30) days' written notice to LICENSEE. The LICENSEE
and or the Valet shall not restrict the use of the Valet Queues to only persons using the
LICENSEE'S business, but the valet queue shall be open to anyone wanting to use the valet
service offered by LICENSEE. The City Manager or his designee(s), shall enfome the
provisions of this agreement, including the location, time, days of the valet service, parking
limitations and requirements, and compliance with all applicable laws and ordinances. When
required by law, the enforcement shall be accomplished through personnel authorized by law to
enforce the law.
3. Parking Locations/Agreements. LICENSEE agrees that LICENSEE will
provide the CITY with current written assurances and/or a lease agreement for use of a private
parking lot(s). The private lot(s) must also comply with minimum City codes for a parking
lot(s). LICENSEE shall also provide the CITY with a copy of its current valet agreements, and
a copy of its current insurance certificate as set forth in Exhibit A. LICENSEE will ensure that
the valet service is operated in a manner that will not result in cars stacking on and/or blocking
the travel ways of any alleyway, public street or parking lot. These assurances and agreements
must be provided upon execution of this License Agreement., when there is a change in any
agreement referred to herein or upon the request of the CITY. Failure to comply with these
conditions will be a basis for termination of this License Agreement.
4. Payment for Parking Queue Spaces. LICENSEE agrees to pay the CITY ~'
~ dollars ($60 ~.00) per month, per parking queue space utilized by the 10th of each
month. A late fee of 5% will be charged after this date. If more than one License Agreement is
issued for the queues, the fee will be shared proportionately.
5. Si~naee. The CITY agrees to post the valet parking queue spaces with valet
parking times and days authorized. Sandwich board signs may not be used to advertise the valet
service. Advertising signs will be allowed as prescribed by the Cit3/s Manager or his designee.
6. Valet Service:~ Valet Equipment. The LICENSEE'S operator may for the
storage of keys install a moveable, temporary, valet desk on the sidewalk, either public or private,
during the hours of valet service so long as the desk does not impede the pedestrian flow.
7. Term and Renewal. The term of this Agreement shall be for one year from the
date written above. The License may be renewed by the City Manager following receipt of a
written notice from LICENSEE that LICENSEE desires to continue using the parking spaces
for valet parking queue, if the City Manager determines in his sole discretion that the renewal is
in the best interests of the CITY. The City Manager may add additional provisions to this
agreement upon renewal, including but not limited to, the requirement to use an off-duty police
officer during the time and dates the City Manager deems advisable.
2
8. Revocable License. This Agreement is only a non-exclusive License Agreement
and may be revoked by the CITY at anytime with or without cause during the initial term or any
renewals thereof upon providing written notice via U.S. Mail to LICENSEE. The revocation
shall be effective when mailed.
9. Compliance with Laws. LICENSEE ~~~
~~ ~ subcontractors agre~ to comply and adhere to all state laws and local
ordinances regarding ~i~ parking that exist or as amended from time to time.
LICENSEE further acknowledges that due to the high traffic in this area, double parking
unattended vehicles will not be permitted.
10. Notice. Notices required to be provided pursuant to this Agreement shall be sent
to the following addresses:
To CITY:
David T. Harden, City Manager
100 N.W. 1st Avenue
Delray Beach, Florida 33444
To LICENSEE:
11. Insurance. LICENSEE agrees to provide the CITY insurance for the valet
service in the amounts and under the conditions prescribed in Exhibit A which shall at all times
remain current. The City of Delray Beach shall be named an additional insured.
12. Indemnification. In consideration of the payment of Ten Dollars ($10.00),
receipt of which is hereby acknowledged, LICENSEE shall protect, defend, indemnify and hold
harmless the CITY from and against any and all claims, suits, actions, damages and/or causes of
action arising during the Term of this Lease for any personal injury, loss of life and/or damage to
property sustained in or about the parking spaces/queues by reason or as a result of the use and
occupancy of the parking spaces/queues by LICENSEE, its agents, employees, licensees,
invitees, and members of the public generally, and from and against any orders, judgments,
and/or decrees which may be entered thereon, and from and against all costs, attorney fees,
expenses and liabilities incurred in and about the defense of any such claim. In the event the
CITY shall be made a party to any litigation commenced against LICENSEE or by LICENSEE
3
against any third party, then the LICENSEE shall protect, defend, indemnify and hold the CITY
harmless and pay all costs and attorney's fees incurred by the CITY in connection with such
litigation, and any appeals thereof.
13. Third Parties. Nothing in this Agreement, whether express or implied, is
intended to confer any rights or remedies under or by reason of this Agreement upon any person
other than the parties hereto and their respective heirs, successors, legal representatives, and
permitted assigns, nor is anything in this Agreement intended to relieve or discharge the
obligation or liability of any third persons to any party to this Agreement, nor shall any provision
thereof give any third person any right of subrogation or action over or against any party to this
Agreement.
14. Penalties for Violations/Termination. Penalties will be imposed upon the
LICENSEE for:
(1) Valet parking of cars in either on-street or off-street public parking spaces; and/or
(2) Valet parking of cars in the designated parking queues; and/or
(3) Expanding the designated parking queues area:-; and/or
The penalty schedule for the above violations is as follows:
1 st violation
2nd violation -
3rd violation
4th violation
waming
$200
$500
Termination of License Agreement
Notices of violation will be written by a Police Department representative and will be
sent to the LICENSEE with a copy to the City Manager. Failure to make payment within thirty
(30) days of receipt of the notice will result in termination of the agreement.
LICENSEE acknowledges, however, notwithstanding the foregoing that the CITY may
terminate this non-exclusive License Agreement without cause or for cause. LICENSEE will at
all times comply with the City's policy/procedure for use of public parking spaces/queues which
shall change from time to time subject to the sole discretion of the City.
4
15. Taxes. LICENSEE shall pay and comply with all laws regarding taxes, levies,
assessments, fees and charges, including, but not limited to gross receipts, taxes, use taxes,
property taxes, and sales taxes that may be imposed.
16. Assignment. This Agreement shall not be transferred or assigned without the
express written consent of the CITY, which the CITY may withhold grants in its sole discretion.
17. Further Assurances. The parties shall fi.om time to time execute and deliver such
other and further instruments and documents and do all matters and things which may be
convenient or necessary to more effectively and completely carry out the intent of this
Agreement.
18. Binding Effect. All of the terms and provisions of this Agreement shall be
binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their
respective heirs, successors, legal representatives, and permitted assigns.
19. Entire Agreement. This Agreement shall constitute the entire agreement of the
parties with respect to the subject matter of it. All prior understandings and agreements between
the parties with respect to such matters are merged into this Agreement, which alone fully and
completely expresses their understanding.
20. Amendments. This Agreement may not be amended, modified, altered, or
charged in any respect, except by a further agreement in writing duly executed by each of the
parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed on their behalf this day of ., 2001.
ATTEST:
THE CITY OF DELRAY BEACH,
a Florida Municipal Corporation
By:.
City Clerk
Jeff Perlman, Mayor
Approved as to form:
City Attorney
(CORPORATE SEAL)
By:
Name Printed:
Title:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this __
., 2001, by ., as
(name of officer or agent, title of officer or agent), of
(name of corporation acknowledging), a
incorporation) corporation, on behalf of the corporation.
has produced
day of
(state or place of
He/She is personally known to me or
(type of identification) as identification.
Signature of Notary Public - State of
Florida
6
EXHIBIT A
INSURANCE REQUIREMENTS FORM
Workers' Compensation per the Statutory limits of the State of Florida to include
Employer's Liability Insurance with limits of at least $100,000/$500,000/$100,000.
Garage Liability Insurance of at least $1,000,000 combined single limits per occurrence
to protect the City against all risks of injury to persons (including death) or damage to
property wherever located resulting from any action or operation under the contract or
in connection with the work. This policy is to provide coverage for
premises/operations including auto liability, independent contractors, broad form
contractual liability, products/completed operations.
Garage Keepers Insurance with limits of no less than $60,000 per auto, with an annual
aggregate of $500,000.
Automobile Liability of at least $300,000 combined single limits per occurrence for
owned/non-owned/hired automobiles connected with the business.
The City of Delray Beach and PRIVATE LOT OWNERS must be named as
additional insured on the liability policies; and it must be stated on the certificate.
Thirty (30) days written cancellation notice required.
Best's guide rating B +, VIII or better, latest edition.
7
Planning & Zoning Department
MEMORANDUM
AII-Amed~a City
1993
2001
TO:
FROM:
DATE:
Jeff Perlman / Mayor
Jon Levinson / Vice Mayor
Patricia Archer / Deputy Vice Mayor
Alberta Perry McCarthy / Commissioner
Bob Costin / Commissioner
David T. Harden / City Manager
Susan A. Ruby / City Attorney
Barbara Garito t%
/ City Clerk
Scott Aronson / Parking Management Specialis
December 2, 2003
RE:
MEETING OF DECEMBER 2, 2003 REGULAR AGENDA ITEM 9.E
REVISED RECOMMENDED MODIFICATIONS TO THE PARKING
LICENSE AGREEMENTS
Due to considerable concerns raised regarding paragraphs 9. Compliance With Laws
and 14. Penalties for Violations / Termination of the license agreement Staff would like
to revise their "recommended action" as stated in the staff report to read the following:
Approve the agreement with the changes to paragraph 4 only, while omitting the rest of
the proposed changes at this time. Provide that renewals shall last for up to 60 days in
order to further discuss the modifications to paragraphs 9 and 14 of the license
agreements with the Parking Management Advisory Board (PMAB) and incorporate
those changes as well. After 60 days the agreement can be renewed by the City
Manager or a new agreement may be brought forward based on recommendations of
the PMAB.
Honorable Jeff Perlman
City of Delray Beach
100 NWIa Avenue
Delray Beach, Florida 33444
3700 Airpofl Road Suite//304 Boca Raton, Florida 33431 Phone: (561)391-2202, Fax: (561)391-2238
E-mail: mail~bocaairport, com Website: www, bocaairt~ort, corn
Dear Mayor Porlman:
The Boca Raton Airport Authority is in the process of revising the structure and
mission of some of their committees. The Authority is requesting your input prior
to amending the By-Laws of its Aviation Advisory Committee (AAC) and Noise
Compatibility Committee (NCC).
The two committees vary greatly in number of members, groups represented, and
method of appointment to the committee. Although the committees have many
differences, their functions are similar, and the Authority has observed much
duplication of their efforts during the past year.
The City of Delray Beach, as well as, the other surrounding cities, and Palm
Beach County each appoint a member to the five member AAC. The twenty
NCC members are volunteers representing the four surrounding cities, residents
living around the airport, local business and aviation interests.
It has been recommended that the AAC & NCC committees be combined to form
a single advisory committee with nine members. The proposed composition of the
new committee is five members, the same as the current AAC, with an additional
four members, each representing the businesses and residential interests of
quadrants around the airport.
Please advise the Boca Raton Airport Authority, at the address above, of your
city's recommendation(s) by December 5, 2003.
Thank you for your cooperation in providing input to the Boca Patton Airport
Authority to assist us in providing a valuable facility to the citizens in the airport's
surroundings.
Sincerely,
Ken A. Day /~ Bill Schwartz
Airport Manager r Chairman, AAC
~ ~ I-~old Ingr~ern Berry Alle~ Philip
~c~42harm~ S~cr~ty & Tree~urer Member ~
[lTV I]F DELII;IV BER£H
CITY ATTORNEY'S OFFICE 200,.,w is, .EACH, ELO,,,, A.44
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993 DATE:
Wdter's Direct Line: 561/243-7091
MEMORANDUM
November 25, 2003
TO:
FROM:
City Comm~i,o~,~
Brian Shutt, Assistant City Attorney
SUBJECT: Proposed Settlement in Symbion Corp. v. City of Delray Beach
This case arose out of improvements made to Dr. Carol Krol Way in 1998, this
street connects Congress Avenue and N.W. 18th Avenue and is south of Lake Ida
Road. Symbion Corporation owns the property at the NE intersection of Dr. Carol
Krol Way and Congress Avenue. As a result of such improvements the Plaintiff
has alleged that the City encroached upon its property with the improved road,
channeled water onto Plaintiff's property and removed or destroyed landscaping
and other improvements that were on the property and negatively affected his
business.
The Plaintiff has incurred expenses relating to the recurring flooding of its property
as well as the hiring of engineers and other professionals in order to try to find a
solution to the flooding issue. The Plaintiff has requested that the City modify Dr.
Carol Krol Way to prevent the encroachment of water onto Plaintiffs property.
Randal Krejcarek, City Engineer, has developed plans that would accomplish this
goal. The work would be performed in conjunction with the construction of a water
retention pond that will be located just to the east of the subject property. It is
anticipated that the work will cost approximately $20,000.00.
The Plaintiff has offered to settle this lawsuit if the City makes corrections, as
provided on the plans, to Dr. Carol Krol Way and agrees to pay the Plaintiff
$20,000.00. The Plaintiff has submitted documents that show its expenses in
dealing with this issue to be in excess of $32,000.00. As this is an inverse
condemnation lawsuit, if it is found that the City is guilty of inverse condemnation,
the City would be responsible for the fees and costs of the Plaintiffs attorney as
well as the costs of Plaintiff's expert. Our office recommends acceptance of this
offer. We have conferred with Bill Doney, outside counsel that handles the City's
inverse condemnation and eminent domain matters, and he agrees with our
recommendation.
By copy of this memo to David Harden, our office requests that this item be placed
on the December 2, 2003 City Commission agenda. Please call if you have any
questions.
CC:
David Harden, City Manager
Barbara Garito, City Clerk
Randal Krejcarek, City Engineer
TO:
FROM:
SUBJECT:
DATE:
MEMORANDUM
MAYOR AND CITY COMMISSIONERS
CITY MANAGE _B~
AGENDA ITEM #(~ ~- REGULAR MEETING OF DECEMBER 2. 2003
APPOINTMENT TO THE NUISANCE ABATEMENT BOARD
November 26, 2003
At the City Commission meeting of November 18, 2003 Commissioner Lev'mson deferred his
appointment for the Nuisance Abatement Board to the next meeting (December 2, 2003). There
is currently a vacancy for a regular member with an expiration term of March 31, 2005. Mrs.
Eileen Marks is currently an alternate member and would like to be considered as a regular
member.
The Nuisance Abatement Board was established by Ordinance No. 59-96 on January 21, 1997,
for the purpose of hearing evidence related to the existence of certain public nuisance on
premises located in the City. The board consists of five regular members and two akemate
members. Members shall be residents of, own property, own a business or be an officer, director
or manager of a business located within the City, and are appointed by an affinmtive vote of at
least four members of the City Commission.
The following have submitted applications and would like to be considered for appointment:
Bemard Federgreen
John Hart
Jayne King
Eileen Marks
Operations Director
Restaurant Operator
Educator
Retired CSR/Banking (currently an alternate)
A check to confirm all are registered voters was completed; all are registered. A check for code
violations and/or municipal liens was conducted. None were found.
Based on the rotation system, the appointment will be made by Commissioner Levinson (Seat
# 3) for a regular member for an unexpired term ending March 31, 2005.
Recommend appointment of one (1) regular member with a term ending March 31, 2005.
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
applirafion w~ ~n on ~le in ~e City (]etk's O~ce ~ot a peti~l of 2 y~ar~ ~ ~e date
subm~t~.d. It ~tl be ~e applicant's z~xmn'l~ity m enr~ t~at a tun~nt ap~cnfi~ is on ~Je.
NOV-14-03 11:55~ FROM-I~RKS CORPORATE OFFICE
2OO]
$613gSBBZ0 T-T68 P.0Z/03 F-?Z$
CITY OF DELRAy BEACH
BOARD MAMBER APPLICATION
10.
d ce~ficaaons and lken
Give youz present, oz most x'ecc~r c~ploycr, and po~,aon:
you hold:
NOV !: ~ 2003
CITY CLERK
NOV-14-03 11:56AM FROg-ilARKS CORPORATE oFFICE $613gsBsZO T-T68 P.03/03 F-TZ$
JOHN N. HART
220 NW 12~ St., Delray Beach, FL 33444
Phone-S&l-278-0304
E-mail thdmrlfam (~aoLcam
SUMMARy
To follow a Carec~ path in th~ hospitality industry that continually poses challenges that require me to
tmqlze all of my expertise to solve problems, maintain operational comrol emd maximize the bottom line.
PROFESSIONAL EXPERIENCE
December ~g-prez.
~.~_t.~;~r_tu.~ea zr_o~n l,~ r ~ m ~ to spea~aead a $2.5 million A~nt~,- ;'~.-.. s Restattr. antx. FlorMa
l~eard Award Wi ' .. - ..... ,,.~,auram renovation and e' '
~..,.jo.t ~ot ~ames m~mg Chef Mark Mdrt-n^ :- · -- .... ~panston
negotiating in hOUse aonWactual agreements, ' g 'ag all purchash~,,
maintaining costs and analyzing momhly P&L's.
In February of20~. 0 1 was appoimed to Dh'acta- OfFOH Operatiom. My first project was opcrfin~ the
Operating Officer M r/mar r ; ' ' ' P - ~ ~ was promotoa to my current ' '
· ' Y P Y. esponmbfl~tws have mclud . . . __ posmon of Chief
and BOIl operauons ho~4~; ......... ed liaison to th, oarmern nv~o~;~ ~- ~^..
tour tocattons. ~, ,-~,, ,~,,, m~utw, g overan quahty and consistency for the
December 97-December 98
General Manager, Remi Restaurant -NYC
My position brought me full circle as an operator of a nmltl faceted, $12
.operation that provided me the opporltmity to work with ngl/~on dollar a year restaurant
renowned Chef Francesca Antonncci and
international restaurant designer Adam D, Tihany in a high profile m~d-town Manhattan eatery.
R~ponsibilitias included refinement and supervision of all FOH operations, overs~ing the
cateringfoanqu~t services and a ~:2 million dollar a year "to go" operation.
Septzmber 9~December 97
Bede. rage Dlrector/.4ssi~tant Manager, Dottel & Oliver's East City Grill-Ft. Zauderdale
Designed th~ bar from pro-construction and operated the bev
top ~smUrants. My departmom in its £gat year '--~erated fn*~e~a- -g~e .,d~pamnent far on? of FL Lauderdale'a
created and m3inmined an aware winni- ine ~'7.~'~_ ~T_z°,~Lt .nc,gr°ss revenue tar the restaurant.
enecuted a series of successful wine di~r~ n:-~-.~,.m~-~P~acla~-,TM, ~mlc menu. Organized, marketed an
.... u~a.uy responsmle Zor all b~verage purchaaing, inveato~es
and cOntrols. Lectured staff weoUy on wine and spirks. Interned as kttchen toundsmen in summer of
'96. '
Aegnst 94-September 9:5
~i~taa. t. B..?. era_ ge Manager, Mark's Restaurant-Ft.
esponsthflm~ included ..~v,., _.: ..... £auderdale
b,r op tio in ento , s¢lied. cOst ¢on o:s
~'*,'-~ s moat pr~sBgtoUs restaurants.
CONSULT~G PRO~s
~ $i~ r~id~l, b~t~ ~ c~tanr~t w~k flint p~lly f~ ~ ~oubl~fi~ ~t
~o~ d~ layou~ ~ m~u developm~t. *Deta~ pro~d~ u~n
EDUCA~oN
~ae~l~ef~t. Polifi~l Sci~U~v~i~ ofCae~ia ~
uuo or ~ners-C~fi~ C~199~ , a~ ~o~-~aua~ with h~rs 1992
~difioa~ prior ~nc~ s~ ~t~ and referen~ pr~ e~n
NOV-14-Q3 11:55~ FIK~I-~RKS CORPORATE OFFI~ 561~9688Z0 T-T6S P.01/O~ F-TZ5
November' 14, 2003
Ms. Karen Schell
Executive Assmmmt_City Clerk's Office
City of Delray Beach
FAXIt: 561-243_3774
Dear Ms. Schell:
· Thank you for your phone call concerning my application for Board Membership. i am
forwarding along with this cover letter my applicatio~ and a copy of my resume. You
indicated that there may be seats available on ~he Nuisance Abatemeat. Boa~d ~td I would
ug anuary oxnext year. I am in the process of
aeceptlng a new position in Miami and will be very busy for the next two monthg.
Although I do not'foresee · ' '
become one. the Monday meetm, gtmle as an issue I would not want it to
l~'You have any other questions or concerns regarding my apphcation please do not
hesitate to reach me ar either, of the numbers on my restune.
John N. Hart
1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
pplication ~ reu~un on file in the ~ ae~'~ 0 i~ ~ from d~e date it ~
submitted. It wll b~ the applicant's n~onsibili~r to ensure~3~:), ~n~llcafion b on ~e. ~
I~ITY CLERK
1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
Plea~ Up~ or p~nt ~ fonowin~ info,,~,6on:
2. Home Adc~ess: Ci~, ~. Stnte Zip Code.-
5. Ho~e Ph~e: Bu~ess Phone: ~ A~ess: ~ Phone: F~:
6. A~ you · re~st~ed vot~P / ~ ~ _ If so, wh~e ~ you ~st~e~P_
10. ~st ~), r~ted profemo~ c~s ~d ~c~s~ w~ you hold:
Note: Th~ application w~ r-,,~,;,~ on ~e in the City Clerk's Of/ice fo[:~ ~./~-qf~ ~ f~o~ the date it was
submitted. It ~ be th~ applicant's tesponn~ilit7 to enrage Rm~ ~ ~ hl¥~"~on is on file.
Nov - 7 Pflfl?
CITY CLERK
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CiTY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~ ~- REGULAR MEETING OF DECEMBER 2. 2003
ORDINANCE NO. 43-03
NOVEMBER 26, 2003
This is second reading and second public hearing for Ordinance No. 43-03 mending Chapter 4,
"Zoning Regulations", of the Land Development Regulations, Section 4.3.3(AA) "Adult
Enter~inment Establishments" to amend the distance limitation between any adult entertainment
establishment and alcoholic beverage establishment.
At the fLrst reading on November 18, 2003, the Commission passed Ordinance No. 43-03.
Recommend approval of Ordinance No. 43-03 on second and final reading.
&\Cie/Cle~\agemh memo~Otd 43-03,Adult Entertainment F~t. lg0Z03
TO:
THRU:
FROM:
SUBJECT:
DIAr"~,xj._D T. HA.RDEI~ cm~ MANAGER
P~CTO~R OF PLANNINGh AND ZONING
JE~~OS'II~LLO, ASSISTANT PLANNING DIRECTOR
MEETING OF NOVEMBER 18, 2003
AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION
4.3.3(AA) (ADULT ENTERTAINMENT ESTABLISHMENTS) IN ORDER TO
AMEND THE DISTANCE LIMITATION BETWEEN ALCOHOLIC BEVERAGE
ESTABLISHMENTS AND ANY ADULT ENTERTAINMENT ESTABLISHMENT.
At its meeting of October 20, 2003, the Planning and Zoning Board recommended approval of
an LDR amendment regarding distance limitations between alcoholic beverage establishments
and adult entertainment establishments. The amendment included changing the distance
limitation between alcoholic beverage establishment and any adult entertainment establishment
from 750 feet to 200 feet. The amendment also included a change to the manner in which the
distance is measured from lot line to lot line along a straight airline mute, to the shortest route of
ordinary pedestrian travel. Subsequent to the Planning and Zoning Board meeting, Staff
reconsidered the method of measurement and recommends that the measurement from lot line
to lot line along a straight airline route be retained.
Pumuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a
finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of
the Comprehensive Plan. This amendment is being initiated more to establish reasonable
regulations than to fulfill any specific Comp Plan policy. While the amendment does not
specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not
inconsistent with them.
The Planning and Zoning Board will consider the amendment at their meeting of November 17,
2003. The Board's recommendation will be provided at the City Commission meeting.
By motion, approve on first reading the ordinance amending Land Development Regulations
Section 4.3.3(AA) (Adult Entertainment Establishments), based upon positive findings with LDR
Section 2.4.5(M).
Attachment: Ordinance by Others
ORDINANCE NO. 43-03
AN ORDINANCE OF THE CITY COMIVIISSION OF THE
CITY OF DRI.RAY BEACH, FLOR/DA, AMENDING THE
LAND DEVRI.OPMENT REGULATIONS OF THE CITY
OF DRI.RAY BEACH, AMENDING CHAPTER FOUR,
"ZONING REGULATIONS"; SECTION 4.3.3(AA), "ADULT
ENTERTAINMENT ESTABLISHMENTS", IN ORDER TO
AMEND THE DISTANCE LIMITATION BETWEEN
ALCOHOLIC BEVERAGE ESTABLISHMENTS AND
ADULT ENTi~RTAINMENT ESTABLISHMENTS IN
ORDER TO PROVIDE FOR A DISTANCE OF TWO
HUNDRED (200) FEET BETWEEN ANY ALCOHOLIC
BEVERAGE ESTABLISHMENT AND ANY ADULT
ENTERTAINMENT ESTABLISHMENT; PROVIDING A
SAVINGS CLAUSE, A GENERAL REPEALRR CLAUSE,
AND AN EFFECTIVE DATI&
WHEREAS, the City Commission of the City of Delray Beach, Hod&, has the authority to
protect the public health, safety and welfare of its citizens; and
WHEREAS, this ordinance is enacted under the home rule of power of the City of Delmy
Beach, in the interest of health, peace, safety, and general welfare of the people of the "City of
Delray Beach," hereafter the "City" and
WHEREAS, the intent of the City Commission of the City of Delray beach in adopting this
ordinance is to establish reasonable and uniform regulations for the adult entertuinment industry
that will protect the health, safety, property values, and general welfare of the people, businesses,
and industries of the City. It is not the intent of the City Commission to legislate with respect to
matters of obscenity. These matters are regulated by federal and state law, induding chapter 847 of
the Florida Statutes; and
WHEREAS, with respect to zoning and other regulatory issues, the City Commission for the
City of Delray Beach, Florida, has considered reports, studies, and judicial opinions concerning the
adverse secondary effects of adult uses on the community which include but are not limited to the
following:
1132.
City of Renton v. Playtime Theaters. Inc., 475 U.S. 411 (1956), reh. denied, 475 U.S.
2. Young v. American Mini-Theaters. Inc., 427 U.S. 50 (1975), reh. denied, 429 U.S.
873.
3. Barnes v. Glen Theater. Inc., 501 U.S. 560 (1991).
4. City. of Los Ange~ les v. Alameda Books. Inc.. 535 U.S. 425, 122 S.Ct. 1728, 152 LEd.
2d 670 (2002).
5. Boss Capital. Inc. v. Ci.ty of Cassdbeny, 187 F.3d 1251 (11a Cir. 1999).
6 Report on Zoning and Other Methods of Re[relating Adult Entertainment in
Amarillo, (Texas) dated September 12, 1977.
7. Re_tmlation of Criminal Activity. and Adult Businesses, City of Phoenix, May, 1979.
26,1977.
Findings of the City Planning Commission of the City of New York dated January
9. Detroit's Approach to Regulating the "Adult Uses" presented to American Institute
of Planners, Annual Conference, October 10, 1977.
10. Report to the City planning Commission and City Council from the phnning
Department of the City of Beaumont, Texas dated September 14, 1982.
11. Le_t~islative Report on an Ordinance Amending Section 28-73 of the Code of
Ordinances of the City. of Houston. Texas: Providing for the R%tmlation of Sexually Oriented
Commercial Enterprises. Adult Bookstores. Adult Movie Theaters and Massage Establishments: and
Making Various Provisions and Findin~ Relating to the Sub!ect. Report prepared by the
Committee on the Proposed Regulation of Sexually Oriented Businesses and dated 1983.
12. Report on Adult Oriented Business in Ao~tin. Report prepared by the Spe,-i~!
Programs Division of the Office of Land Development Senrices of the City of Austin, Texas. Dated
May 19, 1986.
13. Adult Entertainment Business in Oklahoma City.. A Survey of Real Estate
Appraisers. Report prepared by the Community Development Department of the City of
· Oklahoma City, Oklahoma. Dated March 3,1986.
14. Adult Entertainment Businesses in Indianapolis. An analysis prepared by the
Depaxux~ent of Metropolitan Development dated February, 1984.
15. palm Beach County Sheriff's Office report dated April, 1998.
2 ORD. NO. 43-03
16. Director's Rep_om Proposed Land Use Code Text Amendment. Adult Cabarets. A
report prepared by the Director of the Depaiia~ent of Construction and Land Use of the City of
Seattle, Washington. Dated March 24, 1989.
17. Report to the American Center for Law and Justice on Seconcla~. Impacts of Sex
Oriented Businesses, Peter R. Hecht, Ph.D, March 31, 1996.
York.
1998.
18. Adult Business Study in Town and Village~ of Ellicottville. Cattara _ugus Coun .ty. New
An analysis prepared by the Town/Village Planner, Gary Palumbo, AICP. Dated January,
19. Adult Use Study in Newport News. Virginia. An analysis prepared by the
Depaiiiuent of Planning and Development of the City of Newport News, Virginia. Dated March,
1996.
20. Memorandum of Law on Adequate Alternative Avenues of Communi .ty for Sex, rally
Oriented Businesses. An analysis prepared by Laura Corbett Brown and Brace A. Taylor of the
National Law Center for Children and Families. Dated October 1, 1995.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF Dr*.I.RAy BEACH, FLORIDA:
Section I. That Chapter Four, "Zoning Regulations", Section 4.3.3(AA), "Adult
Entertainment Establishments", be, and the same is hereby amended to read as follows:
(AA) Adult Entertuinment Establishments: In addition to the requirements of
the underlying zoning district, other applicable general regulations, County licensing
requirements, parking regulations and Section 113.20 of the Code of Ordinances of the City
of Delray Beach, the following requirements shall apply to adult entertainment
establishments.
(1) No adult entertainment establishment shall be located on properties
with frontage on an arterial road or located east of the CSX railroad track.
(2) No adult entertainment establishment shall be located closer than
one thousand (1,000) feet from any house of worship, school, residential zoning district,
community facilities zoning district (CF, OS, OSR, CD) where the use is or is to be regularly
frequented by the general public (i.e. community center, parks, courthouse, child care
facilities, offices, etc.) measured from lot line to lot line boundary along a straight airline
route, except when the property containing the adult entertainment establishment is
separated from the above by the 1-95 right-of-way.
3 ORD. NO. 43-03
(3) No adult entertainment establishment shall be located within
....... .j ~, ~v/ .... two hundred (200~. . feet of an cx~.ng alcoholic beverage
establishment, measured from lot line to lot linc boundary along a straight airline route
except if the establishment pcmtting nudity, or partial nudity, is separated from an alcoholic
beverage establishment by a Railroad Corddor or an Arterial Roadway as the width of the
g~ilroad Corridor and/or Arterial Roadway shall be deemed a sufficient separation.
(4) Signage. Only one sign per adult entertainment establishment is
perraitted, and such sign shall not extend above twelve (12) feet above ground level or have
an area of greater than thirty-six (36) square feet. No neon material shall be permitted oa
the sign. All other £estxictions of the sign code shall apply herewith.
(5) No adult entertainment establishment shall be located within an
historic district, on an historic site, or on properties listed on the Local or National Register
of Historic Places, unless the historic district, site or property was previously used for an
adult entertainment type use.
(6) The minimum floor area per room or partitioned area within an adult
entervainment establishment must be 2,000 sq. ft. exclusive of kitchen, restrooms, storage
areas, and other non-public/customer area of the establishment.
(7) Performers/entertainers or employees in the state of nudity or partial
nudity shall not approach within four feet of patrons, customers, or other employees or
other perfomaers/entertainers, and must perform/entertain from a stage encompassing an
area of at least one hundred (100) square feet.
Section 2. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealecL
Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
of
PASSED AND ADOPTED in reguL~ session on second and final reading on this
~ 2003.
4 ORD. NO. 43-03
ATfI:~ST:
MAYOR
CITY CLERK
First Reading
Second Reading
5 ORD. NO. 43-03
CITY OF I)ELA;lY BE;IrH
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Wdter's Direct Line: 561/243-7090
MEMORANDUM
November 12, 2003
TO:
FROM:
City Commission
David T. Harden, City Manager A~,/~
Terrill Pyburn, Assistant City Attorney
SUBJECT: Alcoholic Beverage Establishments and Nudity
Attached is Ordinance 43-03, which amends Section 4.3.3 (AA) of our Land
Development Regulations. The proposed amendment changes the current
distance requirement between adult entertainment establishments and alcoholic
beverage establishments from seven hundred and fifty (750) feet to two hundred
(200) feet with exception for alcoholic beverage establishments that are separated
from adult entertainment establishments by a Railroad/Corridor or an Arterial
Roadway as the width of the Railroad/Corridor and/or Arterial Roadway is a
sufficient separation. The manner of measurement is a straight airline
measurement from property line to property line. Also, the ordinance has been
updated by including additional case law regarding public nudity, alcohol, and
zoning.
Please place the ordinance on the agenda for first reading.
Please let me know if you have any questions (7090). Thanks.
TCP:smk
Attachments
ORDINANCE NO. 43-03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DFJ.RAY BEACH, FLORIDA, AMENDING THE
LAND DEV~J.OPMENT REGULATIONS OF THE CITY
OF DRI.RAY BEACH, AMENDING CHAPTER FOUR,
"ZONING REGULATIONS"; SECTION 4.3.3(AA), "ADULT
ENTERTAINMENT ESTABLISHMENTS", IN ORDER TO
AMEND THE DISTANCE LIMITATION BETWEEN
ALCOHOLIC BEVERAGE ESTABLISHMENTS AND
ADULT ENTERTAINMENT ESTABLISHMENTS IN
ORDER TO PROVIDE FOR A DISTANCE OF TWO
HUNDRED (200) FEET BETWEEN ANY ALCOHOLIC
BEVERAGE ESTABLISHMENT AND ANY ADULT
ENTERTAINMENT ESTABLISHMENT; PROVIDING A
SAVINGS CLAUSE, A GENERAL REPEAI.F.R CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, has the authority to
protect the public health, safety and welfare of its citizens; and
WHEREAS, this ordinance is enacted under the home rule of power of the City of Delray
Beach, in the interest of health, peace, safety, and general welfare of the people of the "City of
Delray Beach," hereafter the "City" and
WHEREAS, the intent of the City Commission of the City of Delvay beach in adopting this
ordinance is to establish reasonable and uniform regulations for the adult entertainment industry
that will protect the health, safety, property values, and general welfare of the people, businesses,
and industries of the City. It is not the intent of the City Commission m legislate with respect to
matters of obscenity. These matters are regulated by federal and state law, including chapter 847 of
the Florida Statutes; and
WHEREAS, with respect to zoning and other regulatory issues, the City Commission for the
City of Delray Beach, Florida, has considered reports, studies, and judicial opinions concerning the
adverse secondary effects of adult uses on the community which include but are not limited to the
following
1132.
City of Renton v. Playtime Theaters. Inc.. 475 U.S. 411 (1956), reh. denied, 475 U.S.
2. Young v. American Mini-Theaters. Inc., 427 U.S. 50 (1975), reh. denied, 429 U.S.
873.
3. Barnes v. Glen Theater. Inc.. 501 U.S. 560 (1991).
4. Ci.ty of Los Angeles v. Alameda Books. Inc.. 535 U.S. 425, 122 S.Ct. 1728, 152 LEd.
2d 670 (2002).
5. Boss Capital. Inc. v. City. of Casselberrv 187 F.3d 1251 (11' Cir. 1999).
6 Report on Zoning and Other Methods of R%gulafing Adult Entertainment in
Am,rillo. (Texas) dated September 12, 1977.
7. ReLmlation of Criminal Activity. and Adult Businesses, City of Phoenix, May, 1979.
26,1977.
Findings of the City Phnning Commission of the City of New York dated January
9. Detroit's Approach to R ~egulating the "Adult Uses" presented to American Institute
of Planners, Annual Conference, October 10, 1977.
10. Report to the City Planning Commission and City Council from the Planning
Department of the City of Beaumont, Texas dated September 14, 1982.
11. Le_eishtive Re_~rt on an Ordinance Amending Section 28-73 of the Code of
Ordinances of the City of Houston. Texas: Providing for the Regulation of Sexually Oriented
Commercial Entem. rises. Adult Bookstores. Adult Movie Theaters and Massage Establishments: and
Making Various Prov~ions and Findin~ Rehting to the Subject. Report prepared by the
Committee on the Proposed Regulation of Sexually Oriented Businesses and dated 1983.
12. Report on Adult Oriented Business in Austin. Report prepared by the Special
Programs Division of the Office of Land Development Services of the City of Austin, Texas. Dated
May 19, 1986.
13. Adult Entertainment Business in Oklahoma City.. A Survey. of Real Estate
Appraisers. Report prepared by the Community Development Department of the City of
Oklahoma City, Oklahoma. Dated March 3,1986.
14. Adult Entertainment Businesses in Indianapolis. An analysis prepared by the
Depa~U~ent of Metropolitan Development dated February, 1984.
15. Palm Beach County Sheriff's Office report dated April, 1998.
2 ORD. NO. 43-03
16. Dir~tor'~ Report: Proposed Land Use Code Text Amendment. Adult Cabarets. A
report prepared by the Director of the Depam~sent of Construction and land Use of the City of
Seattle, Washington. Dated March 24, 1989.
17. Report to thc American Center for Law and Justice on Secondary. Impacts of Sex
Oriented Businesses, Peter IL Hecht, Ph.D, March 31, 1996.
York.
1998.
18. Adult Business Study in Town and Village of Ellicottville. Cattara _ugus Court .ry. New
An analysis prepared by the Town/Vilhge Planner, Gary Palumbo, AICP. Dated January,
19. Adult Use Study in Ne~_ort News. Virginia. An analysis prepared by the
Depa~m~ent of Planning and Development of the City of Newport News, Virginia. Dated March,
1996.
20. Memorandum of Law on Adequate Alternative Avenues of Community. for Sexually
Oriented Businesses. An analysis prepared by Laura Corbett Brown and Bruce A. Taylor of the
National Law Center for Children and Families. Dated October 1, 1995.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COIvIMISSION OF
THE CITY OF DF.I.RAY BEACH, FLORIDA:
Section 1. That Chapter Four, "Zo.ing Regulations", Section 4.3.3(AA), "Adult
Entertainment Establishments", be, and the same is hereby amended to read as follows:
(AA) Adult Entertainment Establishments: In addition to the requirements of
the underlying zoning district, other applicable general regulations, County licensing
requirements, parking regulations and Section 113.20 of the Code of Ordinances of the City
of Delray Beach, the following requirements shall apply to adult entertainment
establishments.
(1) No adult entertuinmem establishment shall be located on properties
with frontage on an arterial road or located east of the CSX railroad track.
(2) No adult entertainment establishment shall be located closer than
one thousand (1,000) feet from any house of worship, school, residential zoning district,
community facilities zoning district (CF, OS, OSR, CD) where the use is or is to be reg-hdy
frequented by the general public (i.e. community center, parks, courthouse, child care
facilities, offices, etc.) measured from lot line to lot line boundary along a straight airline
route, except when the property containing the adult entertainment establishment is
separated from the above by the 1-95 right-of-way.
3 ORD. NO. 43-03
(3) No adult entertuinment establishment shall be located within ;~c~
......... ~ v~w .... ~W0 htmdred (200~. . feet of an z~,ng alcoholic beverage
establishment, measured from lot line to lot line boundary along a straight airline route
except if the establishment pemaitting nudity, or partial nudity, is separated from an alcoholic
bevera_ee establishment by a l~ilroad Corridor or an Arterial Roadway as the width of the
R~ilroad Corridor and/or Arterial Roadway shall be deemed a sufficient separation.
(4) Signage. Only one s'~n per adult entertuinment establishment is
permitted, and such sign shall not extend above twelve (12) feet above ground level or have
an area of greater than thirty-six (36) square feet. No neon material shall be permitted on
the sign. All other restrictions of the sign code shall apply herewith.
(5) No adult entertainment establishment sh~ll be located w/thin an
historic district, on an historic site, or on properties listed on the Local or National Register
of Historic Places, unless the historic district, site or property was previously used for an
adult entertainment type use.
(6) The minimum floor area per room or partitioned area within an adult
entertainment establishment must be 2,000 sq. ft. exdusive of kitchen, restrooms, storage
areas, and other non-public/customer area of the establishment.
(7) Performers/entertainers or employees in the state of nudity or partial
nudity shall not approach within four feet of patrons, customers, or other employees or
other performers/entertainers, and must perform/entertain from a stage encompassing an
area of at least one hundred (100) square feet.
Section 2. That should any section or provision of this otvlinance or 'any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinuuces in conflict herewith be, and the
same are hereby repealed.
Section 4. That this ordinance sh~ll become effective immediately upon its passage on
second and final reading.
of
PASSED AND ADOPTED in reg~!~? session on second and final reading on this
,2003.
4 ORD. NO. 43-03
MAYOR
CITY CLERK
Fix~t Readin~
Second Reading
5 ORD. NO. 43-03
MEMORANDUM
TO:
FROM:
SUBJECT:
DA'fl~:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~'~
AGENDA ITEM # ~C3 ~. REGULAR MEETING OF DECEMBER 2. 2003
ORDINANCE NO. 44-03
NOVEMBER 26, 2003
This is second reading and second public heating for Ordinance No. 44-03 mending Chapter 113,
"Alcoholic Beverages", of the City Code of Ordinances, Section 113.20 "Prohibition of Nudity,
Partial Nudity and Sexual Conduct at Alcoholic Beverage Establishments" to change distance
limitations and indude Stand Alone Bars.
At the first reading on November 18, 2003, the Commission passed Ordinance No. 44-03.
Recommend approval of Ordinance No. 44-03 on second and finM reading.
&\City Clerk\agenda mexr~.Otxt 44413.Indusion of Stand Alone Bats. IZOZ03
DF DELRR¥ BERgH
rlTY
CITY ATTORNEY'S OFFICE 200NW ,,t AVE.UE..EL. AY EEAC., FLO.,.A..44
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Wdter's Direct Line: 561/243-7C90
DATE:
TO:
FROM:
MEMORANDUM
November 12, 2003
City Commission
David T. Harden, City Manager
Terrill Pybum, Assistant City Attorney
SUBJECT: Alcoholic BeveraRe Establishments and Nudity
Attached is Ordinance 44-03, which amends Section 113.20 of our Code of
Ordinances. The proposed amendment changes the current distance requirement
between adult entertainment establishments and alcoholic beverage
establishments from seven hundred and fifty (750) feet to two hundred (200) feet
with exception for alcoholic beverage establishments that are separated from adult
entertainment establishments by a Railroad/Corridor or an Arterial Roadway as the
width of the Railroad/Corridor and/or Arterial Roadway is a sufficient separation.
The manner of measurement is a straight airline measurement from property line
to property line. Also, the ordinance has been updated by including additional
case law regarding public nudity, alcohol, and zoning.
Please place the ordinance on the agenda for first reading.
Please let me know if you have any questions (7090). Thanks.
TCP:smk
Attachments
ORDINANCE NO. 44-03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DRI.RAy BEACH, FLORIDA, AMENDING THE
CODE OF ORDINANCES OF THE CITY OF DI~J.RAY
BEACH, AMENDING CHAPTER 113, "ALCOHOLIC
BEVERAGES", SECTION 113.20, "PROHIBITION OF
NUDITY, PARTIAL NUDITY, SEXUAL CONDUCT AT
ALCOHOLIC BEVERAGE ESTABLISHMENTS",
SUBSECTION (A) "DEFINITIONS", IN ORDER TO
PROVIDE FOR THE INCLUSION OF STAND ALONE
BARS IN THE DEFINITION OF ALCOHOLIC BEVERAGE
ESTABLISHMENT; AMENDING SUBSECTION (C) IN
ORDER TO PROVIDE FOR A DISTANCE OF TWO
HUNDRED (200) FEET BETWEEN ANY ALCOHOLIC
BEVERAGE ESTABLISHMENT AND ANY
ESTABLISHMENT PERMITrING NUDITY; PROVIDING A
SAVINGS CLAUSE, A GENERAL REPEALF, R CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, has the authority to
protect the public health, safety and welfare of its citizens; and
WHEREAS, the City Commission has determined it to be in the public's best interest to
establish reasonable regulations regarding alcoholic beverage establishments throughout the City;
and
WHEREAS, the City Commi.qsion enacts this ordinance in the interest of the public health,
peace, safety morals and general welfare of the dtizens of Delray Beach, Florida, pursuant to Artide
VIII, Sections 2(b) and (5), of the Florida Constitution, and Chapter 166, Section 166.021 of the
Florida Statutes; and
WHEREAS, the City has determined that the restrictions contained herein are necessary to
avoid disturbances associated with mixing alcohol and nude or partially nude dancing and
exhibitions; and
WHEREAS, the City Commission determines that mixing alcohol and nude or parfi~!ly nude
dancing and exhibitions encourages undeskable behavior; and
WHEREAS, the City relies on the materials referenced in Ordinance No. 30-98, as mended
by Ordinance No. 43-03, and the experience in other dries as to the secondary effects of the
comb'mation of alcohol and nudity or partial nudity; and
WHEREAS, the City relies on the cases of Barnes v. Glen Theatre. Inc.. 501 U.S. 560, 111
S.Ct. 2456, 115 LEd. 2d 504 (1991); City of Erie v. Pap's A.M., 529 U.S. 27, 120 S.Ct. 1302, 146
LEd. 2d 265 (2000); California v. LaRue, 409 U.S. 109, 93 S.Ct. 390, 34 LEd. 2d 342 (1972); 44
Liquornmm Inc. v. Rhode Island. 116 S.Ct. 1495, 134 LEd. 2d 711 (1996); Fla '~mgan Enterprises.
Inc. v. Fulton County. 242 F.3d 1976 (11"' (itt. 2001) and;
WHEREAS, the City also relies on the cases of ~'1~ of Da~ona Beach v. Del perdo. 476
So.2d 197 (Fla. 1985); Fillingim v. Boone, 835 F.2d 1389 (11t~ Cir. 1988); Geaneas v. Willets. 911
F.2d 579 (11' Cir. 1990); Sammy's of Mobile. Ltd. V. City of Mob'de, 140 F.3d 993 (11~' Cir. 1998);
New York State Liquor Authority. v. Bellanca, 452 U.S. 714, 101 S.Ct. 2599 (1981); City of Ne~_ orr
v. Iacobucci, 479 U.S. 92, 107 S.Ct. 383 (1986) reversed: 479 U.S. 1047, 107 S.Ct. 913 (1986) and;
WHEREAS, the City Commission tinds that the City has a substantial government interest
in regulating liquor under the City's Police Powers; State Constitution and under State law and that
the incidental restrictions on First Amendment activity are no greater than necessary to further that
interest.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DF.I.RAY BEACH, FLORIDA:
Section 1. That Chapter 113, "Alcoholic Beverages", Section 113.20, "Prohibition of
Nudity, Partial Nudity, Sexual Conduct at Alcoholic Beverage Establishments", Subsection (A)
"Definitions", of the Code of Ordinances of the City of Delray Beach, be, and the same is hereby
amended to read as follows:
(A) Definitions.
Akoholk B~vvragv Establisbraent: Any business or commercial establishment, whether
open to the public at large or entrance is limited by cover charge or membership
requirements, including those licensed by the State for sale and-or service of alcoholic
beverages, which include but are not limited to, any stand alone bar. bottle dub, hotel, motel,
restaurant, night dub, country club, cabaret, and meeting facility located in the City of Delray
Beach in which alcoholic beverages, beer or wine are, or are awihble to be sold, dispensed,
served, consumed, provided, possessed or offered for sale or consumption on the premises.
Section 2. That Chapter 113, "Alcoholic Beverages", Section 113.20, "Prohibition of
Nudity, Partial Nudity, Sexual Conduct at Alcoholic Beverage Establishments", Subsections (C) and
2 ORD. NO. ~,~, 03
(D) of the Code of Ordinances of the City of Dehay Beach, be, and the same are hereby amended as
follows:
(C) No alcoholic beverage~ establishment may be located within two hundred
(.200) feet of any parcel of land upon which an establL~hment permitting nudity Or partial
nudity is located .... k~ , ..... a _~,L: ...... L.._J~_J ~c,-. ~cm c .... c ......... , _c l__a
permitting nudity or pardal nudity is separated f~om an alcoholic bevera~ ¢~tablishmcnt by
a Railroad Comdor or an A~terial Roadway as thc width of the Raikoad C0mdor and/or
Arterial Roadway shall be deemed a sufficient separation.
(D) For purposes of the above division (C), distance shall be by airline
measurement from property line to property line using the closest property lines of the
parcels of land involved. The term parcel of land means any quantity of land capable of
being described with such definiteness that its location and boundaries may be established,
which is designated by its owner or developer as land to be used or developed as a lot or
which has been used or developed as a lot.
Section 3. That should any section or provision of thi~ ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon iis passage on
second and final reading.
of
PASSED AND ADOPTED in reg.hr session on second and final reading on this __
,2003.
ATria. ST:
MAYOR
CITY CLERK
First Reading
Second Reading
3 ORD. NO. 44-03
IN
ADULT ENTERTAINMENT ESTABLISHMENTS
- AVAILABLE LOCATIONS
CITY OF DELRIIY BEI:Ir'H
CITY ATTORNEY'S OFFICE
200 NW Ist AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
Pe~t roaY. ~,eaFH~
~Am~ca ~
DATE:
MEMORANDUM
November10,2003
TO:
City Commission
David Harden, City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: Contract for Sale and Purchase - Monteray House
The City owns the "Monteray House" and certain Block 60 parking condominium
spaces 17-25 that, under the proposed contract, the City will sell to the Community
Redevelopment Agency.
The CRA shall pay the City $700,000.00 and $55,000.00 to the Delray Beach
Historical Society. Closing is scheduled for March 16, 2004, unless extended by
mutual consent of the parties. The City, as seller, is to pay for Title Insurance.
A public hearing on the proposed contract for sale and purchase is advertised and
is set for December 2, 2003.
Our office requests that the City Clerk advertise the Notice per the requirements
set forth in the Notice, and schedule the item for a public hearing December 2,
2003.
Please call if you have any questions.
SAR:ci
Attachment
Cc: Robert Federspiel, Esq.
Diane Colonna, Director of the Community Redevelopment Agency
Barbara Garito, City Clerk
NOTICE OF INTENT TO SELL REAL PROPERTY
NOTICE IS HEREBY GIVEN, that the City of Delray Beach, Florida, has
determined to sell the following real property:
Lot 12, less the South 4 feet thereof, Block 60, Town of
Delray, Florida, as recorded in Plat Book 1, Page 3, of the
Public Records of Palm Beach County, Florida; and,
Condominium Units 17-25, of Block 60 Parking Condominium
according to the Declaration of Condominium recorded in
Official Records Book 8915, Page 163, of the Public Records
of Florida.
Said lands situate within the City of Delray Beach, Palm
Beach County, Florida.
The sale of the property is for public purposes pursuant to a contract between
the City of Delray Beach (Seller) and the Delray Beach Redevelopment Agency (Buyer)
in the amount of $700,000.00, plus additional consideration and terms, as set forth in
the Contract for Sale and Purchase. Further information may be obtained from the City
Clerk's office. The City Commission of the City of Delray Beach, Florida shall hold a
public hearing on the proposed sale at their regular City Commission meeting of
December 2, 2003 at 7:00 p.m. in the City Commission Chambers, City Hall, 100 N.W.
st
1 Avenue, City of Delray Beach, Florida.
CITY OF DELRAY BEACH, FLORIDA
PUBLISH:
The News
November 19, 2003
November 26, 2003
Barbara Garito, CMC
City Clerk
RECEIVED
NOV 1 8 2003
CITY CLERK
PARTIES~ CITY OF DIL~AY B~ACH, a Floridam~nicipal corporation, ("Seller"), of
100 N.W. First Avenue, Delray Beach, Florida (Phone: 243-7091), and DELRAY BEACH
COMMUNITY REDEVELOPMENT A~ENC~, ("Buyer"), of 104 West Atlantic Avenue, Delray
Beach, Florida 33444, (Phone 276-8640), hereby agree that the Seller shall sell
and Buyer shall buy the following real property ("Real Property") and personal
property ("Personalty") (collectively "Property") upon the following terms and
conditions which INCLUDE the Standards for Real Estate Transactions attached
("Standard(s)") and any addendum to this instrument.
DESCRIPTION~
(a)Legal description
Florida:
of Real Property located in Palm Beach County,
Lot 12, less the South 4 feet thereof, Block 60, TOWN OF DELRAY, Florida,
as recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach
County, Florida; and
Condominium Units 17-25, of Block 60 Parking Condominium according to the
Declaration of Condominium recorded in Official Record Book 8915, Page
163, of the Public Records of Palm Beach County, Florida.
(b) Street address, city, zip, of the Property
is:
(c) personalty:
II. P~RC~ASE PRICE~ ...................................
$ 700,000.00
PAYM~NT~
(a) Deposit to be held in escrow by Robert W.
Federspiel in the amount of
$ 1,000.00
(b)
Balance to close (U.S. cash, LOCALLY DRAWN
certified or cashier's check), subject to
adjustments and prorations
$ 699,000.00
III. TIM~ FOR ACCEPTANCE; IFFECTIV~ DATE; ~ACSIMILE: 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 fourteen days (14) after the execution
of this Contract by the Buyer, the deposits will, at Buyer's option, be returned
to Buyer and this offer withdrawn. A facsimile copy of this Contract for Sale
and Purchase ("Contract") and any signatures hereon shall be considered for all
purposes as originals. The date of Contract ("Effective Date") will be the date
when the last one of the Buyer and the Seller has signed this offer.
IV. TITLE EVIDENCE~ Within thirty (30) days after the execution of this
Contract Seller shall, at Seller's expense, deliver to Buyer or Buyer's attorney,
in accordance with Standard A, (CHECK {1) OR (2)): (1)Dabstract of title or
(2)· title insurance commitment and, after closing, owner's policy of title
insurance.
V. CLOSI~ DATE~ This transaction shall be closed and the Warranty Deed and
other closing papers shall be delivered on March 16, 2004, unless extended by
other provisions of Contract.
VI. RESTRICTIONS; KASEM~NTS; LI'MITATIONS~ 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~ feet in width as to the side lines, unless otherwise
stated herein); taxes for year of closing and subsequent years; assumed mortgages
and purchase money mortgages, if any; other None; provided that there exists at
closing no violation of the foregoing and none of them prevents use of Real
Property for purposes.
VII. OCCUPANCY, The property shall be unoccupied as of the date of closing.
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. TYPEW~ITTEN OR HAND~ITTEN PROVISIONS~ %~ypewritten or handwritten
provisions shall control all printed provisions of Contract in conflict with
them.
IX. RIDERS~ (CHECK if any of the following Eiders are applicable and are
attached to this Contract):
a)DCoastal Construction Control Line Rider
b) DCondominium Rider
c) ~Foreign Investment in Real Property Tax Act Rider
d) ~Insulation Rider
e) ~FHA/VA Rider
f) ~Other:
X. ASSIGNABILI~"~ (CHECK (1) OR (2)): Buyer (1)Imay assign or (2) Dmay not
assign Contract.
XI. SPECIAL CLAUSES~ (CHECK (1) oR (2)): A~dendum (1)lis attached OR (2)~is
not applicable.
XXI. Tin IS OF '£~ ESSENCE OF THIS CONTRACT.
XIII. DISCLOS~I~ES~ Buyer Dacknowledges or Ddoes not acknowledge receipt of
the agency/radon/compensation and estimated closing costs disclosures. ~UYER'S
INITIALS
DELRAY BEACH COMMUNITY REDEVELOPMENT
AGENCY
By:
CITY OF DELEAY BEACH
Howard Ellingsworth, Date Jeff Perlman, Date
Chairman Mayor
Tsx I.D. NO.: 59-2593203 Tax I.D. NO.: 59-6000308
ADD~,~'DUM TO COI~%CT FOR S~LE ~ PURCI~.SE
SELLER:
CITY OF DELRAY BEACH
BUYER:
DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY
PROPERTY ADDRESS:
XI. SPECIAL CLAUSES (Continued):
A. RADON GAS: Radon gas is naturally occurring radioactive gas that,
when it has accumulated in a building in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of radon that
exceed federal and state guidelines have been found in buildings in Florida.
Additional information regarding radon and radon testing may be obtained from
your county public health unit. Section XI(D) of this contract is hereby deemed
to include an inspection for radon gas.
B. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"): The parties
shall comply with the provisions of Internal Revenue Code Section 1445 and
applicable Treasury Regulations issued thereunder. If the Seller is a U.S. person
for Internal Revenue Code Section 1445 purposes, then on demand of the Buyer and
prior to closing the Seller shall provide the Buyer with a certificate of non-
foreign status in the manner provided in Treasury Regulations Section 1.1445-2.
If the Seller provides the Buyer with such certificate, and if the Buyer is
otherwise permitted to rely on such certificate under those Regulations, the
Buyer shall not withhold under Internal Revenue Code Section 1445.
If the Seller is a 'foreign person' as defined by the Internal
Revenue Code, the Buyer generally is required to withhold 10% of the gross sales
price from the Seller at closing and to pay the withheld amount over to the
Internal Revenue Service (IRS) unless an applicable exemption from withholding or
a limitation on the amount to be withheld is available. To the extent that the
cash to be paid over to the Seller at closing is insufficient to cover the
Buyer's withholding obligation, the Seller shall provide to the Buyer at closing
cash equal to such excess for purposes of making such withholding payment. If the
Seller's federal income tax on the gain is less than the applicable withholding
amount, the Seller may make advance application to the IRS for reduced
withholding and, if granted, the Buyer shall withhold only the authorized reduced
amount. If such ruling has not been received by closing, the parties at closing
shall enter into an escrow agreement reasonably satisfactory to the Buyer and
Seller pending receipt of the ruling, provided that at closing the Seller shall
have the obligation to provide to the escrow agent from the closing proceeds (or
from the Seller's other resources if necessary) cash equal to the maximum
required withholding, with any excess withholding being refundable to the Seller
upon receipt of a favorable ruling from the IRS.
Buyer and Seller understand that the IRS requires the Buyer and the
Seller to have a U.S. federal taxpayer identification number and to supply that
number on the foregoing forms. A foreign individual may acquire an International
Taxpayer Identification Number for this purpose. Since it may take several weeks
to receive the number after application and the IRS will not process these forms
without the actual number, a party lacking a TIN is advised to apply immediately.
C. The Buyer shall have thirty (30) business days following the
approval of this contract by the Board of Commissioners of the Delray Beach
Community Redevelopment Agency within which to conduct any and all feasibility
studies and determinations relative to the suitability for the acquisition of
the subject property by the Buyer and the Buyer reserves the express right to
terminate this Contract at any time during said period for any reason or no
reason, in Buyer's sole discretion, whereupon Buyer shall receive a full
refund of all deposit monies paid hereunder. Buyer shall be granted
reasonable access to the premises to conduct such feasibility studies and
determinations, including environmental assays, core drilling, surveys, soil
sampling and other such testing.
D. The Seller is hereby exempt from the payment of Documentary Stamp
Taxes on the recording of the Warranty Deed to the State of Florida.
E. Seller agrees to provide the Buyer access to the property thirty
days (30) prior to the closing for the installation of cabling for
communications and computers provided that such access shall not unreasonably
interfere with the Seller's current tenants use and occupation of the
premises.
F. In consideration for the Seller agreeing to enter into this
Contract and terminating the Lease with its tenant, Buyer agrees to pay to the
tenant, the Delray Beach Historical Society, the sum of $55,000.00. Said
funds will be paid by the Buyer directly to the tenant, the Delray Beach
Historical Society, in such manner as the Buyer determines in its sole
discretion.
CITY OF DELRAY BEACH
By:
Jeff Perlman, Mayor
DELRAY BEACH COMMUNITY REDEVELOPMENT
AGENCY
By:
Howard Ellingsworth,
Chairman
STANDAI~DS FOR R~AL ESTAT~ TRANSACTIONS
TO:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGE~ ,~,~"-~ .~. '~,~
MEETING OF DECEMBER 2, 2003
PRIVATELY INITIATED REZONING FROM R-l-AA (SINGLE FAMILY RESIDENTIAL)
TO RM-8 (MEDIUM DENSITY RESIDENTIAL- 8 DWELLING UNITS PER ACRE).
The subject property consists of all of the Simmons Cay plat and a portion of the Ocean Cay plat, and
contains 1.36 acres (222 North Ocean Boulevard). The property currently has an underlying land use
designation of MD (Medium Density 5-12 du/ac). The property was until 1992 zoned RM (Medium
Density Residential). In November 1992, the City Commission approved rezoning of the subject property
from RM to R-l-AA (Single Family Residential) to allow for the construction of a single family residence
on the property. A large single family home has been constructed on the site.
The applicant's request is to change the zoning designation of the property from R-l-AA (Single Family
Residential) to RM (Medium Density Residential). The proposed rezoning is requested as a prelude to
the future development of the property as a multiple family residential project. The Planning and Zoning
Staff reviewed the request and recommended application of a density suffix of eight units per acre. This
suffix would limit the maximum unit density to eight units per acre, which is more appropriate given the
surrounding prevailing land use patterns (see discussion in the P&Z staff report). The applicant has
agreed to the application of the suffix and the ordinance before the Commission reflects this change.
At its meeting of November 17, 2003, the Planning and Zoning Board held a public hearing in conjunction
with the request. There were several people that spoke in favor of the rezoning with the density suffix,
including two representatives from the Beach Property Owners Association. There were also some
residents from the Vista Del Mar subdivision to the north who spoke in opposition to the rezoning request.
They felt that a maximum density of five or six units per acre was more appropriate. After reviewing the
staff report and discussing the proposal, the Board voted 6-0 (Kenneth Peltzie absent) to recommend
approval of the rezoning request from R-l-AA to RM-8 based on positive findings with respect to Chapter
3, LDR Section 3.2.2 (Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning
Findings), and the Goals, Objectives and Policies of the Comprehensive Plan, based on a finding that the
proposed density is appropriate based upon the Future Land Use Map designations of the surrounding
properties as well as the prevailing development pattern of the surrounding area.
By motion, approve on first reading the ordinance for the rezoning from R-l-AA to RM-8 for Simmons
Cay, based on the findings and recommendatiOns of the Planning and Zoning Board, and set a public
hearing date of January 6, 2004.
Attachments: P & Z Board Staff Report of November 17, 2003 & Ordinance by Others
ORDINANCE NO. 47-03
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED R-l-AA (SINGLE FAMILY RESIDENTIAL)
DISTRICT TO RM-8 (MEDIUM DENSITY RESIDENTIAL-8
DWELLING UNITS PER ACRE) DISTRICT; SAID LAND BEING A
PARCEL OF LAND LOCATED ON THE WEST SIDE OF STATE
ROAD A-1-A (OCEAN BOULEVARD), APPROXIMATELY 140 FEET
SOUTH OF VISTA DEL MAR DRIVE, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA, APRIL 2003"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated April, 2003 as being zoned R-I-AA (Single Family
Residential) District; and
WHEREAS, at its meeting of November 17, 2003, the Planning and Zoning Board for the
City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted
6 to 0 to recommend that the property hereinafter described be rezoned, based upon positive
findings; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of RM-8 (Medium Density Residential - 8
dwelling units per acre) District for the following described property:
The North 100 feet of the Plat of Ocean Cay of Delray, according to the plat thereof as
recorded in Plat Book 50, Page 59, of the Public Records of Palm Beach County, Florida,
a/k/a the North 100 feet of Ocean Beach Lot 7, less the West 305 feet thereof, of the City of
Delray Beach, formerly the Town of Linton, as shown on the plat of the Fractional East Half
of Section 16, Township 46 South, Range 43 East, according to the Plat thereof as recorded
in Plat Book 1, Page 25, Public Records of Palm Beach County, Florida, and the North 60
feet of the South 65.5 feet of Beach Lot 7, in the City of Delray Beach, Florida recorded in
Plat Book 1, Page 25 Palm Beach County, Florida less the West 20 feet thereofi
Section 2. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with
the provisions of Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 4. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section 5. That this ordinance shall become effective immediately upon passage on second
and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the __
day of ,200~.
ATTEST M A Y O R
City Clerk
First Reading
Second Reading~
2 ORD NO. 47-03
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
MEETING DATE:
AGENDA ITEM:
ITEM:
---STAFF REPORT---
Novembe? 17, 2003
IV. A.
Rezoning From R-1-M (Single Family Residential) To RM (Multiple Family
Residential-Medium Density) For a 1.36 Acre Parcel of t.and Known as Simmons
Cay (Quasi-Judicial Hearing}.
GENERAL DATA:
Owner/Applicant. ....................... ; Robert Simmons
Agent .......................................... Bill Hards & Associates
Location ...................................... West side of State Road
A-1-A (Ocean Boulevard),
approximately 140 feet
SOuth of Vista Del Mar
Drive.
Property Size .............................. 1.36 Acres
Future Land Use Map ................ MD (Medium Density,
5 - 12 Du/Acre)
Currant Zoning ............................ R-l-AA (Single Family
Residential)
Proposed Zoning ........................ RM (Multiple Family
Residential - Medium
Density)
Adjacent Zoning ................ North: R-l-AA (Single Family
Residential)
East: OS (Open Space)
South: RM (Multiple Family
Residential - Medium
Density)
West: RM (Multiple Family
Residential - Medium
Density)
Existing Land Use ...................... Residential
Proposed Land Use; ................... Multifamily Residential
Water Service ............................. Existing on site.
Sewer Service ............................. Existing on site.
IV. A.
The item before the Board is that of making a recommendation to the City
Commission on a privately sponsored rezoning from R-l-AA (Single Family
Residential) to RM (MultiPle Family Residential - Medium DenSity) for Simmon
Cay, pursuant to LDR Section 2.4.5(D).
Pursuant to Section 2.2~2(E)(6), the Local Planning Agency shall review and
make a recommendation to the City Commission with respect to the rezoning of
any property within the City.
The subject property consists of all of the Simmons Cay Plat and a portion of the
Ocean Cay plat and contains 1.36 acres (222 North Ocean Boulevard).
At its meeting of June 12, 1984, the City Commission approved a 13-unit multiple
family project on the subject property. The development never occurred and the
site plan expired.
As part of the adoption of the Future Land Use Map in November 1990, the
designation of the propertY was changed from MF-.15 (multi-family 15 units per
acre) to MD (Medium Density 5/12 du/ac), this Future Land Use designation
remains in effect.
As part of the citywide rezonings in 1991, the property was rezoned from RM-15
to RM (Multiple Family Residential - Medium Density). In November 1992, the
City Commission approved the rezoning of the subject property from RM to R-l-
AA (Single Family Residential). This rezoning was initiated to allow for the
censtmction of a single family residence on the property and a single family
home has been constructed on the site.
The applicant has submitted a request for a zoning change from the R-1AA
designation which is now the action before the Board.
The current proposal is to change the zoning designation of the property from R-
1-AA (Single Family Residential) to RM (Multiple Family Residential - Medium
Density). The applicant has indicated that the proposed rezoning is requested as
a prelude to the future development of the property as a multiple family
residential project. However, at this time a development application has not been
submitted.
P & Z Board Staff Report
Rezoning from R-l-AA to RM for Simmons Cay
Page 2
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form whiCh
is part of the offiCial record. This may be achieved through information on
the application, the staff report, or minutes. Findings shall be made by the
body which has the authority to approve or deny the development
application. These findings relate to the Future Land Use Map,
Concurrbncy, Comprehensive Plan Consistency and Compliance with the
Land Development Regulations.
FUTURE LAND USE MAp: The resUlting use of land Or Structures must be
allowed in the zOnihg district within WhiCh the land is situated and said
zoning must be Consistent with the aPPliCable lan:d use designation as
shown on the Future Land Use Map~
The subject property has a MD (Medium Density - 5-12 du/ac) Future Lad~l Use
Map designation and is currently zoned R-I~AA (Single Family Residential). The
proposed RM (Multiple Family Residential - Medium Density) designation is
consistent with the MD Future Land Use Map designation. As noted in the
background ~cti0n of this report, the property was Previously zoned RM. A Site
plan was approved for a multifamily project of 13 multifam~Y units which was
never constructed and the site plan approval expired.
Following expiration of the site plan approval for the multiple family
evelopments; the pro~rties (two lots) came Unde?:separate ownership. Efforts
t°~reunite the Propert~s for (~evel0~ent for n~UltiPle fami Y reSidenCies faiied,
Eventual the properties Were combined and a single family home was
constructed. The applicant now prOposes to demolish the house to make way for
a multi-family development. Pursuant to the LDR Section 4.4~6(B) (3), multiple
family structures with a base density of 6 units per acre could be constructed on
the site. Upon review of a site plan an increase between 6 units and 12 units
per acre can only be achieved through compliance with addition requirements
contained in LDR Section 4,4;6 (I) Performance Standards.
Based upon t~ above, a pOsitive finding can be made with respeCt to
consistencY with the F~ure La;3d USe MaP designation can be made
Concurrency: Concurrency as defined pursuant to Objective B-2 of the
Future Land Use Element of the Comprehensive Plan must be met and a
determination made that the public facility needs of the requested land use
and/or development application will not exceed the ability of the City to
fund and provide, or to require the provision of, needed capital
P & Z Board Staff Report '
Rezoning from R-l-AA to RM for Simmons Cay
Page 3
improvements in order to maintain the Levels of Service Standards
established in Table CI-GOP-1 of the adopted Comprehensive Plan of the
City of Delray Beach.
Watsr& Sewec
Water service can be accommodated via a Service lateral conn~on to
the existing 6' water main alOng Ocean BouleVard (state Road A-l-A).
Adequacy of fire SUppression will be evalUated during the Site Plan review
process.
Sewer service is available via a service lateral connexion to the existing
8" main along Ocean Boulevard.
Pursuant to the Comprehensive Plan, treatment capa~ is available at the City's
Water Treatment Plant. and the SOuth ~Central C~Unt~i~Ste iwater Ti'eatm~nt
Plant for the City at build~out~ BaSed upon the abOve, P~SEiV6 fi~tdingscan be
made with resPect to this leVel Of sauce standard. ~ ~
Drainage:
W'~h a rezoning request drainage plans are not requirod; The storm water
retention will be revle, we,d., during ~e site plan application pi~oceSs. There are no
PrOblems anticipated with retaining drainage On Site and Obtaining a soUth
Florida Water Management District permit.
Traffic:
TI~ applicant has provided a traffic analysis nat compass the traffic generated
bY~e existing single familY hohie and :the m~,~btn ~b~lefamily de~ek)pment
allOWed in the RM zOning diStrict-; The anhi~sls indiCa{~s, that 102 additiOnal
average daily tdps will be generated, 6 net new trij~S in the a.m. Peak hour, and 8
net new tdps in the p.m. peak hour.
Parks and Recreation: .
The applicant" will be responsible for the City'S parks and Recreation
requirements during the site 'Pith review Process. 'The S~bject prOPer~ has a
development potential of 16 dwelling units (1.36 acres X 12 alu/ac = 16 units)
Under the proposed RM zoning designation. Conseqpent!y, the Applicant would
be subject to an $8;000 park impact fee at maximum development (16 units x
§00. per unit).
P & Z Board Staff Report
Rezoning from R-l-AA to RM for Simmons cay
Page 4
Solid Waste:
The development of the property under the RM zone district should not. create an
adverse impact on this level of service standard. The' subject pmperiy has a
maximum development potential of 16 dwelling Units (1.36 acreSx 12 dulac = 16
units). The existing single family residence generates 1.99 tons of Solid waste
per year. The 16 multiple family units would generate 8.32 tons of solid waste
per year. Therefore, the net increase would be6.33 tons of solid waste per year.
The increase can be accommodated by existing facilities and thus, will not have
a significant impact on this level of service standard.
School Cohcurrency:
School concurrency must be addressed during the rezoning application and
represent the maximum development~ The applicant has submitted and received
a finding of concurrency from the Palm Beach County School Board, This
certificate is valid for one year from November 5~ 2003.
ConsiStency: A finding of overall consistency may. be made eVen though
the action will be in conflict with some individual performance standards
contained within Article 3.2, provided that the approving body specifically
finds that the beneficial aspects of the proposed project (hence compliance
with some standards) outweighs the negative impacts of identified points
of conflict.
COMPREHENSIVE PLAN POLICIES'
A review of the objectives and policies of the adopted compmhenSNe P an was
COnducted and the following applicable objectives and poliCies are noted:
Future Land Use Element Obiecfive A-1 - Property shall be' developed or
redeveloped in a manner so that the future use and intensity is a.p. pro~riate
in terms of soil, topographic, and other applicable physical cOnSiderations,
is complementary to adjacent land uses, and fulfills remaining land use
needs.
As noted previously, the property previously obtained site Plan approval for a
multiple family development, which subsequently expired. The property to the
north and west are single family residences. The compatibility of these two uses
is a concern given the maximum development potential under RM of 12 units per
acre. VVhile this can be somewhat mitigated with heavy buffering (buffering in
excess of the minimum in bdth width and material) tt~e' Board may want to
consider further limiting the maximum achievable density through the application
Of a suffix. This process is further discussed under Housing Element Policy A 3.2.
There is no concern with respect to comPatibility to the multiple family'residential
uses to the south.
P & Z Board Staff Report -'
Rezoning from R-l-AA to RM for Simmons Cay
Page 5
Future Land Use Element Objective C-5 - The relationship between coastal
area population and measures for evacuation in the event of a hurricane
shall be enhanced through the requirement that redevelopment of existing
properties in the coastal zone shall be consistent with the Future Land Use
Map as opposed to reconstruction to current intensities, except as
provided in Coastal Management Policy C-3.5.
The current intensity for the subject property as defined by the zoning code is
single family residences. The MD Future Land Use Map allows for a residential
density of up to 12 dwelling units per acre. Therefore, the proposed rezoning to
RM and subsequent development of multifamily uses is supported by this
objective.
Housin,q Element Policy A-3~2 - The most restrictive reSidential zoning
district that is applicable given existing development patterns and typical
lot sizes shall be applied to these neighborhoods and affixed to the Zoning
map. Requests for rezonings to a different zoning designation, other than
Community Facilities, Open Space, Open Space and Recreation, or
Conservation Shall be denied.
This ~POlicy relates areas which are designated Stable: residential on the
Residential ~NeighbOrhood Categorization Map (including this Site). There is a
concern with ~respect to the'compatibility of the rezoning request with the' existing
development patterns. The following table identifies the neighboring residential
developments and their respective densities:
Development Type Density
Vista Del Mar Single Fami y 2.97 dU/ac
Delray Beach'Esplanade Single Family 4~41 du/ac
Dorchester,. Multiple Family 9.~17 du/ac
Pursuant'to the LDR Section 4.4.6(B)(3), multiple family structures with a base
density of 6 units and a maximum density of 12 units per acre subject to
performance standards are allowed as a permitted use in the RM zoning distriCL
The density for a specific RM development may be further limited by a numerical
suffix' affD(ed to the designation and shown on the zoning map (i.e. RM-8 limits
the maximum density to eight units per acre). The proposed zoning would allow
a density of up to 12 dwelling units per acre adjacent to the single family
neighbOrhood. At the maximum density the land use intensity would increase
between the Dorchester and Vista Del Mar. Appropriate land use relationships
would dictate a stepping down in land use intensity between the muitifamily and
single family uses. Consequently the application of a suffix would assure the
appropriate transition would occur. Given the development pattern of the
surrounding neighborhood it would be appropriate to apply a surf'D( of 8 dwelling
units per acre. It is noted that the provision of the suffix of 8 does not imply that 8
units per acre will be approved on this site. Any approval over 6 units per acre
will require compliance with Performance Standards. The 8 unit per acre suffix
P & Z Board Staff Report
Rezoning from R-l-AA to RM for SimmonS Cay
Page 6
will, however, represent the upper density cap: It is also recommended that when
the performance standards are conSidered (during the site plan process) a
greater weight should be placed on achieving standard (C) which states:
Where immediately adjacent to residential zoning dis~cts having a lower density,
building setbacks and landscape material along those adjacent property lines are
increased beyond the required minimums in order to provide a meaningful buffer
to those lower density areas. BUilding setbacks are increased by~at least25% of
the required minimum; at least one tree per 30 linear feet (or fraction thereof) is
provided; trees exceed the required height at time of planting by 25% or more;
and a hedge, wall or fence is provided as a visual buffer between the properties.
Therefore, a rezoning of the subject property with a maximum density cap of 8
(RM-8) would h~ more consistent '~ HoUSing Element ~P0iicy A:3.2 and more
appropriate based on the Future Land Use Map designations of the surrounding
properties as well as the prevailing development pattem of the surrounding area.
Coa.stal M.a. nagement Element Policy C:3.? - There shall be no Change in
the ,ntenslty of land use within the bamer island and all inflll deV610pment
which does occur shall connect to the City's storm water management
system and sanitary sewer system.
The Future Land Use Map designation of the property is MD (Medium Density 5
to 12 du/ac). The intensity of the land use classification will not be modified due
to the rezoning application. The request is essentially reversionary and will
achieve consistency between the Future End Use MaP and the Zoning Map. It is
noted that if a suffix is applied it will limit the maximum unit count~to less than
was Previously apProved or alloWed under the Prior RM zoning designation in
1992. '
.Coastal Mana,qement Element Ol~l~ti~,e ~D-? _ Them shalI n~ be any
development upon' rite~barrier island whiCh shall reduce' hurricane
evacuation time beyOnd its present level or wh,ch shaii lower the level of
service at the intersections of SR A-t-A and Atlantic A~enUe; George Bush
Boulevard and SR A-I'A; or at Linton BouleVard and sR A'I-A.
The hurricane evacuation time is based on the develOpment pOtential allowed by
the Future Land Use Map. Since there is no change to this map, the evacuation
time will not be affected.'
SectiOn:
. 3;2;2 (Standards for RezOninFI.A~tions): Standards B ai~d Care not
The apPliCable perfo~ance
applicable, standards Of section 3.2~ are as
follows:
(A)
The most restrictive residential zoning district that is ~applicable
given existing patterns and typical lot sizes Shall be aPPlied to those
areas identified as "stable" and "Stabilization" on the ReSidential
P & Z Board Staff Report - '
Rezoning from R-l-AA to RM for Simmons Cay
Page 7
Neighborhood Categorization. Map; Requests for rezonings to a
different zoning designation, other than Community Facilities, Open
Space, Open Space and Recreation, or Conservation shall be denied.
As noted in the analysis of Housing Element PolicY A-3.2, the subject
property is proposed to be rezoned back to the RM classification. The
surrounding area is designated.as stable. The application of the 8 unit per
acre suffix is appropriate given the development pattern of the surrounding
neighborhood.
That the rezoning shall result in allowing land uses which are
deemed compatible with adjacent and nearby land use both existing
and proposed; or that if an incompatibility may occur, that sufficient
regulations exist to properly mitigate adverse impacts from the new
use.
The following zOning designations and uses border the prOperty:
:Direction Z°nin.q uses
R-1,AA ~Sta DelMar single family
RM single FamilY Residential
RM Dorchester multiple family
OS . City Beach
MultiPle family development allOwed in the RM zOning district would' be
compatible with the existing multiple family deVelOpment to the sOu~hl
However, given the deVelOpment pattern of the neighbOrhOod, a density
cap of 8 units per acre is approPriate to Provide a transition between the
multiple family area to the south and the single familY neighborhood to' the
north. It is noted that development, of the subject property should not
expect approval of a denSity at the h gher end given the need for the
transition between the more intense Do~Chester c°-°p~to the soUth and the
Single.familY neighborh°Od t° the north~ The develOPment requirements in
the City's ~Land Development Regu!at0nS are S~Cient to ~ifigate any
adverse impacts to the adjacent single family uses to the north and West
and the City beach to the east
Remaining, isolated infill lots Within the coastal plenning area shall
be developed under zoning which is identical or similar to the zoning
of adjacent properties; and, the resulting development shall be of a
design and intensity which is similai' to the adjacent development.
As noted previously, the subject property is located on the periphery of a
multiple family area as designated on the Future Land Use Map. The
proposed zoning deSignation will he same as the neighboring properties t°
the south and west. It is noted that a development proposal has not been
NOrth
West
South
East
(E)'
P & Z Board Staff Report "
Rezoning from R-l-AA to RM for Simmons Cay
Page 8
submitted. Compatibility will be further reviewed as part of the site plan
submittal and through cOmpliance with performance standardS:
Section 2,4.5(D)(5)(Rezonin~ Rndingls):
PursUant to SeCtion 2.4.5(D)($) (Findings), in addition to provisions of
Chapter Three, the City Commission must make a finding that the rezoning
fulfills one of ~e reasons for wh. ich the rezoning change is being sought.
TheSe reasons include the following:
That the zoning had previously been changed, or was origi~liY
established, in error; ~
That them has been a change in circumstances WhiCh make the
Current zoning inappropriate;
That the requested zoning is of similar intensity as allowed under the
Future Land Use Map and that it is more appropriate for the property
based upon circumstances particular to the site and/or
neighborhood.
The applicant has submitted a justification statement, which states the following:
"That the requested zoning is of similar intensi(y as allowed under the
Future Land Use Map and that it is more appropriate for the properly
based upon circumstances particular to the site and/or neighborhood. The
Dorchester Condo abuts the subject property to the sotith and is zoned
RM and the ~vo properties to the west are zoned RM. I believe both lots
(south and rear lot) are zone RM."
Comment: ,The baSiS for which the rezoning is being sought hlost closely relates
to Items ~ and ac". The applicant prOposes to tezone"fJ~e Property back to' RM
to allow redevelopment of the property for'multiple 'fa~iiy' PUrpoSes. 'rite
applicant has indiCated to staff that the highest and best US~ ~f tl~e prOperty is
multiple family units rather than the existing single f.a, mily home. Given the size
o.f the propert;/, redevelopment to multiple~ingl~ ~milY r~sidenceS is problematic
given site constraints. The development of multiple family on the subject
property is more logical given the associated develOpment regulations and
adjacent multiple family development to the south. HoweVer, the maximum
density of 12 units per acre would create a conflict with the adjacent Single family
neighborhoods. Therefore, staff is recommending that a density'suffix of 8
dwelling units per acre (RM-8) be apprOved. A positive finding can be maderthat
the circumstances in the area and similarity in intensity to the properties to the
south and that the RM zoning distdct is more appropriate.
P & Z Board Staff Report ° °
Rezoning from R-l-AA to RM for Simmons Cay
Page 9
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
Items identified in the Land Development Regulations Shall ~specifiCally be
addressed by the body taking final action on the development proposal.
The applicant has not submitted a development:proposal for the subject property.
Therefore, there is no analysis with respect, .to the City's Land DeVelopment
Regulations.
The subject property is not in a geographical area requiring review by the CRA
(Community Redevelopment Agency), DDA (Downtown Development Authority)
and HPB (Historic Preservation Board).
C0urtes¥ Notices'.
speCial courtesy notices were provided to the following homeowners and civic
associations:
[3 PROD
El Beach ProportiesAssociation
El Ma Marina HOA
El Manor House
El President's Council
Public Notice:
iFh0rmal public notice has been provided to propo~ owpe[s ~thin a 500~ radius~of
e SU, bject Property. The planning and zoning Depa~ent I~as received, sewral
letters of opposition t0 the Proposed rezOning. Any further letters of support or
objection if any will be presented at the Planning and Zoning BOard meetingi
The rezoning from R.1-AA (Single Family ReSidential) to .a sba ght RM (Multiple
Famiy Residential --Medium Density) designation is not COnsistent with the
policies of the Comprehensive Plan aqd chapter 3, or LDR Section 3.2.2 of the
Land DeVelopment Regulations. Positive findings, can be made with respect to
LDR Section 2.4.5(D) (5) (Rezoning Findings). Ho. waver,, with the application of a
SUffix limiting the maximum density to 8 units per aCre consistency with Chapter
3, LDR Section 3.2.2 and policies of the Comprehensive plan can be ~achieved~
VVith the suffix a finding that the proposed density is appropriate based upon the
Future Land Use Map designations of the surrounding properties as well as the
prevailing development pattern of the surrounding area can also be made.
P & Z Board staff Report
Rezoning from R-l-AA to RM for Simmons Cay
Page 10
Ao
Continue with direction.
Recommend approval of the rezoning request from R-l-AA to RM-8 for
Simmons Cay, based upon positive findings with respect to Chapter 3
(Performance Standards) of the Land Development Regulations, policies
of the Comprehensive Plan, and LDR Section 2.4.5(D)(5).
Recommend approval of the rezoning request from R-l-AA to RM for
Simmons Cay, based, upon positive findings with respect to Chapter 3
(Per~3rmance Standards) of the Land Development Regulations, policies
of the Comprehensive Plan, and LDR Section 2.4.5(D)(5).
Recommend denial of the rezoning request from R-I*.4A to RM for
Simmons Cay, based upon a failure to make positive findings with
respect to Chapter 3, LDR Section 3.3.2, policies of the Comprehensive
Plan and that the proposed density is not appropriate based upon the
Future Land Use Map designations of the surrounding properties as well
as the prevailing development pattern of the surrounding area.
By motion:
Recommend to the City Commission approval of the rezoning from R-l-AA to
RM-8 for Simmons Cay, based upon positive findings with respect to Chapter 3,
LDR Section 3.3.2,LDR Section 2.4.5(D)(5) policies of the Comprehensive Plan
and based on a finding that the proposed density is appropriate based upon the
Future Land Use Map designations of the surrounding properties as well as the
prevailing development pattern of the surrounding area.
Attachments:
El Letters of objection
El~ Location/Zoning Map
~r~ Boundary Suwey
PrePared by: Scott Pape, Senior planner
SIMMONS
CAY
-- REZONING -
FROM: R-l-AA (SINGLE
FAMILY RESIDENTIAL)
TO: RM (MULTIPLE
FAMIL¥ RESIDENTIAL -
MEDIUM DENSITY)
SU~ECT AREA
DELRA Y
SUMMIT
CONDO
BARR
~-RRACE
CONDO
ATLAN C
WA TERWA YEAS T
COMMERCIAL
CONDO
GROVE
CONDO
SPANISH
RIVER
RESORT
DORCHES I?R
CO- OP
STREET
EAST F~IND
BEACH
BERKSHIRE
BY TH~L SEA
CROSVENOR
MANOR HOUSE
CONDO
MARRIOTT
AVENUE
Message Page 1 of 2
Pape, Scott
From: Tran, Nguyen
Sent: Wednesday, October 15, 2003 2:30 PM
To: Heussi, Loretta; Pape, Scott; Dorling, Paul
Subject: FVV: Letter to Ciry of Delray re rezoning.doc
This e-mail was sent to our department's mailbox.
Nguyen
From: Elegant Home Products [mailto:elegantmarble~hotmail.com]
Sent: Wednesday, October 15, 2003 8:30 AH
To: pzmail@mydelreybeach .corn
Subjecb. Letter to Ory of Delray re rezoning.doc
Poludniak
1202 Vista Del Mar Drive
Dclray Beach, FL 33483
October 15, 2003
City of Dclray Beach
· 100 lq. W. Ist Avenue
DelraY Beach, FL 33q44
Attn: Mr. Paul Dorling
Planning Director
RE: Proposed Rezoning
File//2003-334
Dear Mr. Dorling:
Last week we received a notice bom your office with regard to a proposed zoning change on A1A.
Please note that we are adamantly opposed to this change for various reasons as described herein.
First, the house that is currently located on A IA acts as a buffer to the single-family residences just
noKth of this location. It is a true line of demarcation that helps make this single,family residential area
whole. The change in the zoning will adversely affect the character and quality of our neighborhood.
Second, rezoning this property, with subsequent multi-housing development, will certainly increase
traffic in the area. This single-family residential area is made up of numerous families with children.
The children play in and around the area. We already have substantial traffic moving down AIA and
Andrews. This will only increase the same.
Third, it is our understanding that the city staffis bound to preserve and protect the neighborhood. As a
single example, multi-housing will cause additional burden in case ora need to evacuate the island.
10/15/2003
Message
Logic suggests that a change of zoning on this location will not forward this city policy.
Lash we moved here three years ago. What drew us to this area of town was the true ambiance ora
"Village by the Sea." It appears clear to us that any action that would be taken to rezone the property
would deteriorate this reality.
Sincerely,
Page 2 of 2
Steve and Moniea Poludniak
10/15/2003
RECEIVED
PLANNIt~IG & ZONING
Message : Page 1 of 2
Dorling, Paul
From: Tran, Nguyen
Sent: Wednesday, October 15, 2003 2:30 PM
To: Heussi, Loretta; Pape, Scott; Dorling, Paul
Subject: FW: letter to Ciry of Delray m mzoning.doc
This e-mail was sent to our deparlment~s mailbox.
Nguyen
From: Elegant Home Produc~s [mallto:elegantmarble~hotmail.com]
~en~ Wednesday~ October 15, 2003 8:30
To: pa~il@mydel~ybeach.com
Subject:. Letter ~ ary of Delray re rezoning.doc
Poludniak
1202 Vista Del Mar Drive
Delray Beach, FL 33483
October 15,2003
City of Delray Beach
I00 N. W. Ist Avenue
Dclray Beach, FL 3344~.
Attn: Mr. Paul Dorling
Planning Director
RE: Proposed Rezoning
File 02003-334
Dear Mr. Dorling:
Last week we received a notice from your office with regard t° a proposed zoning change on AIA.
please note that we are adamantly opposed to this change for various reasons as described herein.
First, the house that is currently located on AIA acts as a buffer to the single-family residences just
north of this location. It is a tree line of demarcation that helps make this single-family residential area
whole. The change in the zoning will adversely affect the character and quality of our neighborhood.
Second, rezoning this property, with subsequent multi-housing development, Will certainly increase
traffic in the area. This single-family residential area is made up of numerous families with children.
The children play in and around the area. We already have substantial traffic moving down A1A and
Andrews. This will only increase the same.
Third, it is our understanding that the city staff is bound to preserve and protect the neighborhood. As a
single example, multi-housing Will cause additional burden in case of a need to evacuate the island.
10/16/2003
Message
Logic suggests that a change of zoning on this location will not forward this city policy.
Last, we moved here three years ago. What drew us to this area of town was the ~n~e ambiance of a
"Village by the Sea." It appears clear to us that any action that would be taken to rezone the property
would deteriorate this reality.
Sincerely,
Page 2 of 2
Steve and Monica Poludniak
10116/2003
OCT 15 2003 IO:OIAH HP LRSERSET 3200
Harold & Mary ICilpatrick
The Dorckester
200 N'orth C~ Boulevard
Apartment lO-~VortA
Delray Beocl~ Florida 33487
Mr. Scott Pape
City of Dclray Beach
100 Northwest I't Avenue
Delray Beac~ l~ofidn 33444
Tke proposed re-zoning ef prop~O, at 222 ~[ortk Oeea~ Botdetwrd in Ddray Beack
V'm Fax: (~61) 243-7221
As residents of At~rtment 10-Noflh in the Dorchester located at 200 North ~ Boulevard
in l~lray Beac~ which is next ~o 0nd ovcrlaoks the property ~fct~ncccl above, my wife and 1
~r~ very much oppo~xi to changing th~ zoning from single family to multi-family for thc 222
North Ocean parcel,
This parcel is the be~i~'nnJng of an ar~ in which'many lavg~ and expe~M~ eztatc homes are
located. We do not believe th~ multi-family "j~inge development" should be allowed in this area
under any cireumstance~
We ~ your con~ideration~
Harold & Mary K. flpatrick
RECEIVED
OCT 1 5 ?003
PLAN~'~ING & ZONING
18/66/2883 12:57 5Gi27G3824 ~ PAGE 81
Dr. & Mr~ Bruce D. Greene
200 North Ocean Blvd. Apt. 10S
Delray Beach, Fi 33483
561-272-1217
October 14, 2003
FA~ MEMO
To: Paul Dorling, Planning Dilvctor Delray Beac~l~
FR: Linda & Brace Greene
Thi~ is to appeal to you and - next
doo~to the Dorchester on 222 South Ocean Blvd. We are very
opposed to changing the zoning to a multifamily dwelling for the
foil,
1.
Pie
coo]
.wing reasons:
will only add to thc over density of the beach area and further
~ode thc "Village by the Sea" atmosphere that has made
~lray Beach so special.
his property is in a transitional zone between the Dorchester
nd a beautiful old Delray single family home community. It
reeds to remain a single family home to protect the current
haracter of the community.
'otential noise & traffic Problems from a density of this type.
)etracting from & blocking the existing views from the
)orchester, which has existed for almost 30 years.
se help us and our neighbors! Thank you for your anticipated
)eration.
RECEIVED
OCT 1 5 Z003
PLANNING & ZONING
Oclobo- 14, 2O03
I am writing you about fil~ # 2003-334. I am concerned about the uegative
impact this rezoning will hav~ on the character and the quality of the
neighborhood my family and I Imve lived in ~inc~ 1987.
Thi_~ parcel of land is a lransitional spot.on AI,~ It sepaiaies our
neighborhood of single-family homes from the Dorchester Co-Op, Thc Eas~
Wind Beach Club, Berkshire and so on fiuther south.
In the interest of lX~eserving and protecting my neighborhood in our "Village
by the Sea" I would like this proposed rezoning request to be denied. Thank
you for your consideratio~
Robert S. Irish
1225 Vista Del bfar Drive
De~ay Beach, Florida
33483
RFo~!VED
OCT 1 ~ 2003
PLANNING & ZONING
0CT-14-~ 1~:20
Mr. and Mrs. W. Tunstali Searcy, Jr.
200 North Ocean Boulevard 04N
De/ray Beach, FL 3348~-7126
Tel: 561 / 278-1029, email tsearcy~tsearcy.com
P.01
October 14, 2003
Mr. paul Dorling
Planning Director
City of Dclray Beach
Fax: 561-243-7221
RE: File #2003-334
Dear Mr. Doding:
My wife and I are totallY against rezoning lite property at 222 North Ocean
Boulevard from single family residential to multiPle family residential-
medium density.
We feel that such a change would detract from the "Village By The Sca"
character of the neighborhood, We thought that this was a protected
neighborhood and such a change we feel would adversely affect the area. ff
this property becomes multifamily medium density, then what about the
property to its north and the next and the next. Before you know it we would
have nothing but condos along the beach.
If the house is tom down, are we going to haye another long term vacant on
AIA? We certainly oppose this and think that any prolracted construction
project is a problem. We at the Dorchester just spent over $55,000 to have
our building painted. We do not want to see this ruined by all the dirt such a
project would generate
REGE!VED
?LA NI tG & ZONtI G
TOTPL P.~I
?o Pml Doflin~
Phamin8 C,hctor
Ci~ of De~ruy Desch,
Refauce fib
! live at 2(~ N. Ocoan Blvd....tha house nexX to tls that you plon to re-zone has beca a eyo sorc since we
moved in over 7yrs ego as we live on thc Noflhsidc of the bld8 on the 5* floor.,.thc orsL-ml phunin~ boerd
should have looked over fha pbms...ton big for tbe area.
As hr as the nmv plans.....l think 5 unlu way too mnny that 3 would be what flJe prope~y cnHs f~ If the
ehanse ~oes as phnned.....Ao you drive thru the residential ereu of Deir~y you see ~o many mul~ units
cnunped h to such muall as~a~ ...... I think the phtccs on Fcdeml HishMq/# I show this to ha m...
We have 3 vacancies hare in om' bidg fo~ salc....l ddnk the aref~ is belng built up too much. My wife's
grandjMrents came in Im.e in the W'mte~ 39 y~ or more(slncg deed) but my wit'e lived wi~h them on ¥ista
Del mer....the house at thc o~mn nnd Vista Del m~ on Neflh side is way Out of Uno for ~
in with the ueishbethood
John E. Laughter
RECEIVED
OCT. ! 2003
PLANNING & ZONING
P.01
TOTPL. P. 01
RECEIVED-
OCT 1 ~ 2003
PLANNING & ZONING
X0/X3/2003 23:$8 FAX 740 3353231
JUNK # JUNK AT~S
~]0!
TOY T. JUNK
WILLIAM T. JUNK
JUNK AND JUNK
.qTTORNEY~; AT LAW
213 N. MAIN STm=ET
WASHINGTON C.H.. OHIO
43160
O~obel' 14, 2003
Mr. Paul Dortin_a
Planning Di _rec~___or
City of Delray, FL 33483
Ref. File No. ~003-334
I have received notice of a hc~ing on a proposed re-zonin.~ of tl~ property known as 222
N. Ocean Blvd., Delrny Beach, Florida, from single fnmily residential to multiple family
residential.
By this letter I would liice to enter my disapyioval of such t'C-ZOnin~o for the following
1. It will greatly depreciate the value of my property which lays immediately south of the
properly seeking to be re-zoned.
2. The propet~ in question is the first of a series of single fnmily homes extending
Bush Blvd. Such a zoning change would detract from the charac~r of the neighborhood.
3. The present building on the lot in question is a multi-million dollar mansion. Any
changes would lower the aesthetic character of A1A.
4. Tl~re bas ~ gte. at effmt to maLq~ain AIA as a small village by t~ sca. Zon|n~
. dumges such as requested only takes a~ay from the small village am~osphcr~.
5. Such a zoning change would add to traffic congestion on A1A which is already a
problem.
6. Such a zoning change.would only leave to further construction on North Ocean Blvd.
which hne been a comim~ing nuisance for the past scveral ycars.
200 N. Ocmn Blvd. - Ai~2 N
Debny Beach, Fiorkla 33483
RECEIVED
OCT ! 2003
DDNALD S. J[3NES ,
RECEIVED
OCT 1 7
~l~i~ & ZONING
NO. : Oct. 15 ~ 07:~ P1
Mr. and Mrs. Gerard L. Donnelly
200 North Ocean Blvd.
Delray Beach, FL 33484
Mr. Paul Dorling
Planning Director
City of Delray Beach,
RE: FILB ~2003-334
FL 33483
Dear Mr. Dorling,
It has come to our attention that you are considering a
new plan to rezone the property to the north of us at
222 North Ocean Blvd from the existing single famil~ zoning
~o ~u--~-~l~ f-~mi~ ~oning. We are extremely oppose~to this
plan. We feel that the construction would'have an adverse
impact on the neighborhood, and ultimately on the city. We
had thought that we were protected in our "Village by thc Sea".
THis is not Ft. Lauderdale; this ia Delray Beach. Let's not
spoil it!
Thank you for giving this matter your very seriou attention.
Most sincerely,
Virginia Ives Donnelly
(Mrs. Gerard L. Donnelly)
RECEIVED
OCT I6 2003
PLANHING & ZONING
October 16, 2003
Planning and Zoning
City Hall
100 NW 1 Avenue
Delray Beach, FL 33444
Attention: Mr. Paul Dorling
RE: Proposed Rezoning for Simmons Cay, Case #2003-334
Doar Mr. D~rling,
This letter is i~ ~eferenee to request for rezoning for the above-referenced property
that is scheduled for the October 20, 2003 meeting of the Planning and Zoning
Board. We own a house on the south side of Vista Del Mar Drive, which is just to
the northwest of thesubject property within the same city block. Any changes to
the zoning for a property in such close proximity to our house must be examined
in the light of the potential impact to the neighborhood as a whole as well as the
individual houses.
The subject property is the northernmost piece in the immediate vicinity with the
underlying "multiple-family" land use designation. Any consideration of rezoning
must consider how essential some type of transitional area is between the areas of
higher and lower intensity. Changing of zoning to a designation which would
allow as many as 16 dwelling units would undoubtedly result in a complete
disregard for any necessary transition between the single and multiple family
districts.
We trust that any and all recommendations made by both the staff and the .-
Planning and Zoning Board would be in keeping with the scale of the single-
family neighborhood to the north.
Please put our concerns on record that we are opposed to this rezoning request,
and please forward this letter to the Planning and Zoning Board and the City
Commission.
Sincerely,
Leigh and Gwen Gore
1222 Vista Del Mar Drive
Delray Beach, FL
OCT 1 7
Dorlin~h Paul
From:
Sent:
To:
Subject:
SHilarie@aol.com
Wednesday, October 15, 2003 12:51 PM
Dorling@mydelraybeach.com
Re: Rezoning itern#2003-334
Dear Hr. Dorling,
Please see this letter as my family's opposition to the proposed rezoning of
the above-referenced item.
The zoning from multi to single several years ago was the best thing that
could have happened to our neighborhood. THis area borders one of the most
desirable Neighborhoods in the city and directly borders Vista Del Mar, which is
considered to be the lovliest residential street in town.
Increabed density is only a good thing for the developer. Unfortunately, Mr.
Simmons spec home became a white eiephant and he has been unable to unload it
for many years for reasons completely resting on his shoulders personally.
This project was one of many he built on speculation that did not achieve his
desired goals. A shame for him, but should it become a problem for the rest
of the neighborhood? Should rezoning be a tool for an individual who has
problems?
I also believe it would effect our property values adversely. Most of the
south side of Vista backs up to the Simmons' property. A single family
neighborhood that shares a property line with a multi family/ higher density project
is much less desirable than one that is attached to another single family home
lot.
Higher density is not in the best interest of the neighborhood. It would
only be in the best interest of the developer. It certainly doest not help
residential neighborhood keep and enhance its character.
any
As a lifelong resident, keeping the small town feel is close to my heart.
But from the eyes of newer residents, this 'Village by the Sea' ideal is what
so many are searching for. Hence, our new popularity. If we keep piling more
and more density into the neighborhoods, what makes us any different from the
overcrowded places from which people are departing?
Please do what you can to preserve what is left of my charming hometown.
Thank you so much for your time and attention in this matter.
Sincerely,
Mr. and Mrs. Roger P. Hurlburt
1230 Vista Del Mar Drive
Delray Beach, F1 33483
Page I of I
Dorling, Paul
From: pduanedb [pduanedb(~.bellsouth. net]
Sent: Wednesday, October 15, 2003 8:04 PM
To: doding @mydelray beach.com
Subject: Case #20033-334
Dear Mr. Doffing
Late yesterday I was informed of the plan of the owner of this property fo demolish the existing house and build
town houses on the property. Neighbors are very upset because this is a single-family plot with very upscale
homes in the nearby area. Town houses would be an undesirable impactlen to the neighborhood and be contrary
to the "Village by the Sea" concept.
Concerned area resident,
Patricia B. Duane
1020 Vista del Mar Drive
Outgoing mail is cerlified Vires Free.
Checked by AVG anti-virus system (http://www.qrisoft.com).
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10/16/2003
Page 1 of 1
Dorling, Paul
From: Bemard Dahlem [b.dahlem~mindspdng.com]
Sent: Wednesday, October 15, 2003 11:57 AM
To: doding@mydelraybeach.com
Subject: Rehearing Public Notice #949
Good Momiag Paul,
I received the above notice by mail and will be unable to attend the Board of Adjustment Public Hearing Thursday
October 16, 2003 because I wont be in Delray until the 181h.
My home is within 500 feet of the request fi'om Mr. & Mrs Levin of 900 Melaleuca Road.
I very strongly object to the reduction of their sideyard setback from 12 feet to 3 feet 4 inches. This is absolutely
rediculous. Setbacks should never be such that neighbors walls can be a mare 6 feat 8 inches apart anyplace in
Delmy. I would object to such a request anywhere in the City.
In the Seagate area, where the height of homes have increased dramatically in recent years, the setback
requirements should indeed be increased in order that there is a proportionate amour of yard area to
accommodate the larger homes and also to allow the necesary sunlight for shrebery to grow properly.
Please log in my strong objection to any decrease in this side setback. Thanks.
Bernard A. Dahlem
622 Sea Sage Drive
Delray Beach, Florida 33483
561/272-6952
10/16/2003
M~ssage Page 1 of 2
Heussi, Loretta
From: Tran, Nguyen
Sent: Wednesday, October 15, 2003 2:30 PM
To: Heussi, Loretta; Pape, Scott; Dorling, Paul
Subject: FW: Letter to City of Delray re rezoning.doc
This e-mail was sent to our department's mailbox.
Nguyen
Rr=CEIVED
OCT 1 5 2003
PLANNING & ZONING
From: Elegant Home Products [mailto:elegantmarble~hotmail.com]
· ent: Wednesday, October 15, 2003 8:30 AN
To: pzmail@mydelraybeach.com
~ubJect: Letter to Ory of Delray re rezoning.doc
Poludniak
1202 Vista Del Mar Drive
Delray Beach, FL 33483
October 15, 2003
City of Dclray Beach
100 N.'W. 1st Avenue
Delray Beach, FL 33444
Attn: Mr. Paul Dorling
Planning Director
RE: Proposed Rezoning
File//2003-334
Dear Mr. Dorling:
Last week we received a notice from your office with regard to a proposed zoning change on AIA.
Please note that we arc adamantly opposed to this change for various reasons as described herein.
First, the house that is currently located on AIA acts as a buffer to the single-family residences just
north of this location. It is a hue line of demarcation that helps make this single-family residential area
whole. The change in the zoning will adversely affect the character and quality of oar neighborhood.
Second, rezoning this property, with subsequent multi-housing development, will certainly increase
traffic in the arem This single-family residential area is made up of numerous families with children.
The children play in and around the area. We already have substantial traffic moving down AIA and
Andrews. This will only increase the same.
.Third, it is our understanding that the city staff is bound to preserve and protect thc neighborhood. As a
single example, multi-housing will cause additional burden in case of a need to evacuate the island.
Logic suggests that a change of zoning on this location will not forward this city policy.
10/15/2003
Message Page 2 of 2
Last, we moved here three years ago. What drew us to this area of town was the true ambiance of a
"Village by the Sea." It appears clear to us that any action that would be taken to rezone the property
would deteriorate this reality.
Sincerely,
Steve and Monica Poludniak
10/15/2003
OCT 1 5 2003
PLANNING & ZONIH~
OCT- 1,5-2883 15:82
200 N. OCEAN BOULEVARD
DE[RAY 8EACH, FLORIDA 334R3
561-278-1500
P.01
October 15, 2003
Paul Dorling
Planning Director
City of Deiray Beach
File 2003Z334
Dear Board Members:
As you are aware the Dorchester immediately abuts 222 N. Oc~,n Blvd. for which we
have just received notification a request for zoning,
I would like to strongly request that you postpone consideration of this matter until all the
surrounding property owners arid other concerned taxpayers have been fully informed of
this request.
Your notices that you sent out still have not been received by some people who are out of
state on vacation, bnsin~ss etc. Others including myself have only received the notice
within the past few days. This matter is obviously of critical importance to the
Dorchester and the neighborhood and we should be permitted lime to consult with our
attorney and prepare fo~ the actions that we may wish to make on this matter. I can see
not possible reason for rushing this matter before your Board at thc time ofyear whcrt
you know that many taxpayers are not present and readily available.
I als0 noted some errors in your material and again due to the importance of this matter, it
is my belief that we should have received information that was 100% accurate.
Again I would like to reiterate the importance to your constituency for having a
reasonable amount of time to gather the necessary facts and information ne.~-ded to make
an intelligent decision.
Very Truly Yours,
RECEIVED
OCf f 5 2003
PLANNING & ZONING
TOTIqI_ P.01
October 15, 2003
Pa~ Dorlhlg
Planning and Zoning
City of Delray Beach
File 2003-334
I am a resident of the Dorchester located at 200'N. Ocean Blvd. Our ~roporty abuts 222
lq. Ocean Blvd. I was just informed of the zoning request to change the single family
· dwelling to multi family. I am one of those resident the President of:.our building wrote
youabout, l was just notified ofthese requests from my w/fe who is '.m.Mass- lam
now on a business trip in New York and had no knowledge of the material sen'/to
eveo~one. I am one of those people who did not get your letter and I have to tell you that
· you.left us with very little time to respond. I am requesting that thc ~eting be
postponed until all residents are pro ,p~rly notified of your request. I for one am against
the multi family zoning request. P.k~se add my let~r alon4g with all the others and make
your decision to postpone the meg~ing accordingly. As Mr. Polley stated, many residents
that this decision would affect a/e either out of state on vacation or are out of the area for
busineas. We should have all been given more notice of this impending rezoning several
weeks in advance. With your notices going out, we were only allowed two days in which
· o respond. That.does not give anyone enough time to research the matter fully and
gather all the facts neeessary~
glq- Dorchester
2OO lq. Ocean Blvd.
Delray Beach