Agenda Reg 08-07-01Tuesday, August 7, 200!
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
100 NW 1st Avenue
Delray Beach, Florida 33444
Phone: (561) 243-7000
Fax: (561) 243-3774
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments, Commission
discussion and official action. City Commission meetings are business meetings
and the fight to limit discussion rests with the Commission. Generally, remarks
by an individual will be limited to three minutes or less. The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items under this
section.
Comments and Inquiries on Non-Agenda Items from the Public: Any citizen
is entitled to be heard concerning any matter within the scope of
jurisdiction of the Commission under this section. The Commission may
withhold comment or direct the City Manager to take action on requests or
comments.
Ce
Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the Commission,
citizens may speak on any official agenda item under these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals
wishing to address public hearing or non-agendaed items should sign in on the
sheet located on the right side of the dais. If you are not able to do so prior to the
start of the meeting, you may still address the Commission on an appropriate item.
The primary purpose of the sign-in sheet is to assist staff with record keeping.
Therefore, when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to
the podium and state your name and address for the record. All comments must
be addressed to the Commission as a body and not to individuals. Any person
making impertinent or slanderous remarks or who becomes boisterous while
addressing the Commission shall be barred by the presiding officer from speaking
further, unless permission to continue or again address the Commission is granted
by a majority vote of the Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by the City
Commission with respect to any matter considered at this meeting, such person
will need to ensure that a verbatim record includes the testimony and evidence
upon which the appeal is based. The City neither provides nor prepares such
record.
The City will furmsh auxiliary aids and services to afford an lnchvidual with a
disablhty an opportunity to participate 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 pnor to the event tn order for the
City to accommodate your request. Adaptive listening devices are available for
meetings in the Commission Chambers.
2.
3.
4.
5.
ROtJ.
INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL.
APPROVAL OF MINUTES:
July 24, 2001
PROCLAMATIONS:
Recognizing and commending Tommie L. Osbom for his exemplary representation
of the City of Delray Beach and it's Fire-Rescue Depatiment in the FireFighters
Olympics
OF NOTE
· Literacy Awareness Month - September 2001
· Make A Difference Day - October 27, 2001
PRESENTATIONS:
Ao
Presentation by Perry DonFrancisco - Dekay Citizens for Dekay Police 15' Annual
Scholarship Awards presented to -Sean Flynn, Daniel Flynn, Alyson Lunsford,
Charles Jeroloman, Dawn Licata, and Scott Bradley.
CONSENT AGENDA: City Manager Recommends Approval.
AUTHORIZATION TO PROCEED/BEACH RENOURISHMENT
PROJECT(COASTAL PLANNING & ENGINEERING, INC.): Approve the
authorization to proceed with the final design and construction phases of the 4~ Beach
Renourishment Project, at a cost not to exceed $270,240. The entire cost will be
reimbursed from Federal, State and County appropriations.
Bo
FINAL PLAT APPROVAL/BERMUDA GARDENS PLAT NO. 1: Approve the
subdivision plat for Bermuda Gardens Plat No. 1, a proposed two (2) lot residential
subdivision on the south side of Bermuda Gardens Road.
CONTRACT RENEWAL/SOFTWARE HOUSE INTERNATIONAL: Approve
the contract renewal vath Software House International for the Microsoft Enterprise
Software License in the total amount of $584,200. Funding is available for the first year
from 334-6112-519-66.10 (Repair & Replacement Software) for $74,625 and 442-5178-
536-66.10 (Water/Sewer Repair & Replacement Software) for $74,625.
REJECTION OF BID/POLICE UNIFORMS: Approve the rejection of all bids
received for Bid #2001-20 and authorize staff to re-bid this contract for the purchase of
uniforms for the Police Department.
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08-07-01
RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTIONS: Ratify the various actions
approved by the South Central Regional Wastewater Treatment and Disposal Board at
the Quarterly Annual Meeting of july 19, 2001.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
July 23, 2001 through August 3, 2001.
G. AWARD OF BIDS AND CONTRACTS:
Purchase award to Don Reid Ford, Inc., in the amount of $246,150.00 for ten
(10) 2001 Crown Victoria Police Patrol Vehicles via the Pembroke Pines
Contract #PSPW00-05. Funding is available from 501-0000-248-21.00 (Reserve
for Capital Purchases)
REGULAR AGENDA:
A. ITEM PUI.I.ED
B. LICENSE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH,
BUCKY DENT BASEBALL SCHOOL AND SUNSHINE CHARTER
Do
SCHOOL, INC.: Consider approval of the Ltcense Agreement between the City of
Del_ray Beach, Bucky Dent Baseball School, Inc., and the Sunshine Charter School, Inc.
for the temporary use of the baseball school's facfliues for the Cultural Arts Institute of
Boca Raton Charter School from August 13, 2001 through November 1, 2001.
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL
ACTION PLAN (FY 2001-2002): Consider approval of the Community Development
Block Grant (CDBG) Annual Action Plan required by the Housing & Urban
Development (HUD) Department of the United States for unliv, ation of grant funds.
CONTRACT AWARDS/GOLF COURSES SOFTWARE & HARDWARE:
Consider approval of computer software and hardware upgrades for both golf courses
in the amount of $56,076.00. Award of $22,525 to Computer Golf Software, $30,351
for hardware purchases under State Contract, and $3,200 for independent contract for
installation. Funding xs available from 445-4761-572-64.11 (Computer Equipment),
LICENSE AGREEMENT/FLORIDA TELEPORT INC.: Consider approval of a
License Agreement with Florida Teleport Inc. (FTI) in order to accommodate the
landing of undersea cable and use of City infrastructure for placement of cable. The
term of the agreement is for fifty (50) years with five renewal periods of twenty (20)
years each.
RESOLUTION NO. 48-01: Consider approval of Resolution No. 48-01 supporting
the Elder Ready Community Program in Delray Beach.
08-07-01
G. CONTRACT AWARD TO REPUBLIC CONSTRUCTION &
DEVELOPMENT CORPORATION/MERRITT PARK RESTROOM
FACILITY: Consider approval of a contract award to second lowest bidder, Republic
Construction in the mount of $76,977.00 for the Memtt Park Restroom Facihty.
Funding ~s available from 118-1965-554-63.40 ($29,890.00) Community
Improvement/Recreatton Improvements, and from 334-611-572-62.10 ($47,110.00),
General Construction/Buildings.
CONTRACT AWARD TO RPM GENERAL CONTRACTORS, INC./ESD &
PD INTERIOR MODIFICATIONS: Consider approval of a contract award to
second lowest bidder, RPM Contractors, Inc. in the amount of $54,841.00 for the ESD and
PD Interior Modifications. Funding is available from 441-5123-536-34.90 ($30,015.00),
W&S/Other Contractual Services, 0015-2115-521-46.10 ($13,982.00), Police/Building
Maintenance, and 115-2111-521-49.90 ($10,844.00) Police Reserves.
FLORIDA LEAGUE OF CITIES ANNUAL CONFERENCE/PROPOSED
10.
AMENDMENTS TO LEAGUE'S BY-LAWS: Designate a voting delegate to cast
votes on behalf of Delray Beach at the special business session of the Florida League
of Cxties Annual Conference to consider proposed By-laws changes.
APPOINTMENTS TO PLANNING & ZONING BOARD: Appoint three (3)
regular members to the Planning and Zomng Board vath two-year terms ending August
31, 2003. Appointments will be made by Commissioner Levinson (Seat #3),
Commissioner McCarthy (Seat #4) and Mayor Schmidt (Seat #5).
PUBLIC HEARINGS:
A0
ORDINANCE NO. 41-01 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending Land Development Regulattons Appendix "A"
and Section 4.3.3 adding a definition and special regulations regarding 24-hour or late
mght businesses and listing 24-hour or late night businesses as a conditional use in
certain non-residenual zomng chstncts.
ORDINANCE NO. 40-01 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending Land Development Regulauons Section
4.4.1103)(3) to provide for business and professional offices as a perrmtted use in the
NC (Neighborhood Commercial) zoning district, amending Section 4.4.11 (C)(2) to
provide for refuse and service areas and by amending Section 4.4.11(H) to prohibit
outdoor storage.
ORDINANCE NO. 42-01: An ordinance rezoning from R-1-A (Single Family
Residential) to CF (Community Facilities) a parcel of land located on the west side of
NW 4th Avenue, approximately 150 feet south of NW 1st Street to accommodate an off-
street parking lot assocmted w/th the Atlantic Grove Redevelopment project. Quasi-
Judicial Hearing
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08-07~01
11.
12.
13.
CONDITIONAL USE REQUEST: Consider a request to allow the
establishment of an off-street private parking lot located on the west side of
NW 4~ Avenue, approxtrnately 150 feet south of NW 1''t Street, associated
with the Atlantic Grove Redevelopment project. Quasi-Judicial Hearing
ORDINANCE NO. 43-01: An ordinance amending the Land Development
Regulations Section 4.6.9(E)(3)(b) to include a map which delineates the in-lieu of
parking fee areas and corresponding fee amounts.
Eo
ORDINANCE NO. 44-01: An ordinance amending Chapter 33, Police and Fire
Departments Pension, Section 33.66 and Section 33.66(E)(2)(b) of the City Code of
Ordinances which modifies the Police and Fire Pension Plan to conform with the
Divisaon of Reurement's concerns and meet the requu:ement of F.S. 112.661 (5)(b).
RESOLUTION NO. 47-01: A resolution authorizing the Community Redevelopment
Agency (CRA) to issue xts Promissory Note, Seres 2001, in the princxpal amount of not
exceeding $1,000,000.00.
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:
NONE
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
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08-07-01
July 24~ 2001
A Regular Meeting of the City Commission of the City of Delray Beach, Florida
was called to order by Mayor David Schmidt in the Commission Chambers at City Hall at 6:00
p.m., Tuesday, July 24, 2001.
1_. Roll call showed:
Present -
Commissioner Patricia Archer
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Commissioner Jeff Perlman
Mayor David Schmidt
Absent - None
Also present were - City Manager David T. Harden and
City Attorney Susan A. Ruby
At this point, Mayor Schmidt announced that Mr. Spencer Pompey passed away
this morning and he has been a real pillar of our community. The viewing for Mr. Pompey will
be Friday, July 27th at 7:00 p.m. at St. Paul AME Church, located at 199 N.W. 5th Avenue,
Delray Beach, and the funeral is Saturday, July 28th at 12:30 p.m. at Cason United Methodist
Church, located at 342 N. Swinton Avenue, Delray Beach. Before Reverend Parrish gives the
Invocation, Mayor Schmidt asked that everyone observe a moment of silence in memory of Mr.
Pompey.
prayer.
Reverend Judy K. Parrish with St. Paul's Episcopal Church delivered the opening
The Pledge of Allegiance to the flag of the United States of America was given.
4..,&
AGENDA APPROVAL
Mayor Schmidt stated he wished to pull Item 8.E., Request for Release of Liens,
from the Consent Agenda and move it to the Regular Agenda as Item 9.A.A.
Ms. McCarthy moved to approve the Agenda as amended, seconded by Mrs.
Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer -
Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with
a 5 to 0 vote.
APPROVAL OF MINUTES:
Mrs. Archer moved to approve the Minutes of the Regular Meeting of June 19,
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07/24/01
2001, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer
- Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes.
Said motion passed with a 5 to 0 vote.
At this point, Mayor Schmidt noted a correction to page 3, Item 7.A., Honoring
County Commissioner Addie Green. He stated while we note that we honored County
Commissioner Addie Green, the minutes do not indicate that the we gave her the "Key to the
City" and then in return she presented a proclamation to the City of Delray Beach for winning
the All America City Award. Mayor Schmidt requested that this wording be added to Item 7.A.
to reflect this correction.
Mrs. Archer moved to approve the Minutes of the Regular Meeting of July 10,
2001 as corrected, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows:
Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs.
Archer - Yes. Said motion passed with a 5 to 0 vote.
PROCLAMATIONS: None.
PRESENTATIONS: None.
CONSENT AGENDA: City Manager Recommends Approval.
8.A. HOLD HARMLESS AGREEMENT/CHAMBERS OFFICE CENTER:
between Whatley Road and Sherwood Forest Drive, wherein the City agrees to act as the utility
Approve a hold harmless agreement between the City and B.C. Properties & Investment, LLC,
the developer of the Chambers Office Center, located on the South Side of West Atlantic Avenue
permit applicant for the purpose of constructing utilities within FDOT right-of-way and the
developer agrees to hold the City harmless for the work performed under the permit.
8.B. REQUEST TO ALLOW A TEMPORARY MODULAR BUILDING/ST.
PAUL'S EPISCOPAL CHURCH.' Approve a request to allow a temporary modular building at
nd
St. Paul's Episcopal Church, located north of SW 2 Street, between South Swinton Avenue and
SW 1st Street for a period of one (1) year.
8oC.
DEDUCT CHANGE ORDER # 1 & FINAL PAYMENT/JMW
CONSTRUCTION CORP. (RENOVATIONS POMPEY PARK PHASE II): Approve
deduct closeout Change Order # 1 in the amount of-$5,000.00 and final payment in the amount
of $3,395.14 to JMW Construction Corp. for completion of renovations to Pompey Park Phase II
project. Funding is available from 334-4172-572-63.03 (General Construction Fund/Pompey
Park).
8.D. PROOF OF CLAIM/BROCK v. MERRILL LYNCH & CO.~ et al: Approve
the recommendation for the City to opt-in to the proposed Class Action Settlement and Fairness
Hearing in the Brock v Merrill Lynch & Co., et al.
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07/24/01
8.go
MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period July 9,
2001 through July 20, 2001.
8oG.
AWARD OF BIDS AND CONTRACTS:
Housing Rehabilitation grant awards through Community Development
Division Housing Rehabilitation Grants in the amount of $12,636.75 to
Abisset Corporation for 309 SW 12th Avenue, and two (2) contract awards
to Hatcher Construction for 421 SW 9th Court in the amount of
$22,651.65, and 229 SE 1st Avenue in the amount of $12,747.00. Funding
in the total amount of $48,035.40 is available from 118-1924-554-49.19
(SHIP Rehab Program).
Ms. McCarthy moved to approve the Consent Agenda as amended, seconded by
Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor
Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion
passed with a 5 to 0 vote.
REGULAR AGENDA:
9.A.A. REQUEST FOR RELEASE OF LIENS: Approve a request for the release of
liens in the amount of $2,748.50 for property located at 332 NW 11th Avenue.
Mayor Schmidt requested that this item be pulled from the Consent Agenda to the
Regular Agenda because when he first read the letter from Shendell Miller & Shendell, P.A., he
felt someone from this law finn made a mistake and is trying to pass the cost on to the City.
Mayor Schmidt stated he spoke to Brian Shutt, Assistant City Attorney, to get a little background
regarding this item. Apparently, this law firm did a title search, when they called the City they
received the certificate referencing five liens. The three outstanding liens they are complaining
about were not listed. Mayor Schmidt stated he does not like to criticize a fellow lawyer, but if
he had a title search that said there is a lien and did not have a satisfaction recorded he would
have called the City Clerk's office back after receiving the letter. Furthermore, at that point,
Mayor Schmidt stated he would have asked for the satisfaction or would have asked for an
explanation. Mayor Schmidt stated he will not support the City waiving this cost in this
particular case.
Brian Shutt, Assistant City Attorney, stated he spoke with the attorney from
Shendell Miller & Shendell, P.A. and the City did send the attorney a letter saying this subject
property had "xxx" number of liens. Mr. Shutt stated the attorney from Shendell Miller &
Shendell, P.A. relied on the information provided to him from the City versus what the title
search showed.
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07/24/01
Mrs. Archer stated she is perplexed over this and her tendency is to say "well
everyone makes a mistake" but by the same token the attorney's job is to locate all of the liens.
Mrs. Archer stated she would like to be kind but at the same time does not feel the City should
waive the outstanding amount of $2,748.50. Mrs. Archer made a recommendation to waive half
the cost of the liens.
Mrs. Archer moved to waive half the cost of the outstanding municipal liens
against 332 N.W. 11th Avenue. There being no second to the motion, Mayor Schmidt asked that
someone make a substitute motion.
Mr. Perlman moved to deny the waiver request for the release of liens in the
amount of $2,748.50 for the property located at 332 N.W. 11th Avenue, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr.
Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion to
deny passed with a 5 to 0 vote (denied request to release liens).
9.A. CONDITIONAL USE REQUEST: Consider a conditional use request to allow
the establishment of a 24-hour child care facility for Grammy's Place, Inc. located at the
northeast comer of South Swinton Avenue and SE 3rd Street. (Planning and Zoning Board is
recommending denial based upon a failure to make positive findings with respect to Section
2.4.5 (E)(5) (Compatibility) of the LDR' s) Quasi-Judicial Hearing
Mayor Schmidt asked the Commission to disclose any ex parte contacts. Mayor
Schmidt stated that on Friday the Commission should have received a copy of a letter as well as
a copy of a petition in their mail backup. Mayor Schmidt stated he provided the Acting City
Clerk with copies of the letter and petition to enter into the record and stated he has had no other
ex parte contact on this matter.
The City Attorney stated all involved parties would conduct this item as a quasi-
.judicial hearing, which allows for presentations, the admission of documents into the record and
public testimony.
Ms. McCarthy stated she had a conversation earlier today with a woman who is an
investor and lives in this neighborhood. The City Attorney informed Ms. McCarthy that she
would need to disclose the name of this woman. Ms. McCarthy asked the City Attorney if she
could either call the name in or send the name to the City Attorney's office because she does not
want to misquote the name. Furthermore, Ms. McCarthy explained that this name is on a
telephone message and she cannot locate the telephone message. The City Attorney advised Ms.
McCarthy when she locates the telephone message to turn it in to Barbara Garito, Acting City
Clerk.
Mr. Levinson stated he only received a letter and the petition vote. The letter was
personally addressed to him so he does not know whether or not it was an exact duplicate of
what the rest of the Commission received.
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07/24/01
Mr. Perlman stated he only rece
Ms. Montalban.
Mrs. Archer stated she received
also had a telephone conversation with Mr. }
Barbara Garito, Acting City
testimony on this item.
At this point, Ms. McCarthy
happens to be sitting in the Commission Ci
name. Ms. McCarthy clarified that Pea~
conversation with today.
The City Attorney stated all i
judicial hearing, which allows for presentati,
public testimony.
Paul Dorling, Director of l
Planning and Zoning Department's project fi
Mr. Dorling explained that th
residence to a 24-hour child care facility wh
pickup and drop off area, and conversion of
construction of a four space paved parking
Mr. Dorling stated staff has
subject to the following conditions from the
1-. That the maximum enrollment for th~
That the hours of pick-up and drop
11:00 p.m.
3_. That the height of the vinyl coated el
area by 6' in height.
That a hedge 4' high at time ofplanti
chain link fence.
5-. That a tree be planted every 25' to f(
lines;
6_. That the parking lot be redesigned
24' wide by 6' deep maneuvering area at th~
[ved the mail packet including the letter from Mr. &
all of the same information including the letter and
larry Ginger who lives at 223 S. Swinton Avenue.
:lerk, swore in those individuals who wished to give
toted that the investor she spoke to on the telephone
aambers and politely asked the woman to state her
Markfield is the woman she had a telephone
tvolved parties would conduct this item as a quasi-
>ns, the admission of documents into the record and
lanning and Zoning, entered into the record the
le #2001-165.
is request is to convert an existing 1,200 square foot
ch includes construction of a circular driveway for a
the front and side yards to an outdoor play area, and
}t.
evaluated the request and recommended approval
lune 18, 2001 Planning and Zoning Staff Report:
child care facility be 22 children.
off be limited to the hours between 6:00 a.m. and
rain link fence adjacent to the proposed outdoor play
ng be installed adjacent to the proposed vinyl coated
rna a solid tree line along the north and east property
Jr attached Exhibit "A" to accommodate the required
north end of the proposed dead-end parking area.
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07/24/01
That a floor plan depicting the layouts of proposed beds or cots shall be provided.
8_:. Approval of a site plan by SPRAB that is in general conformance to the submitted sketch
plan and incorporates the concerns noted herein.
Mr. Doffing stated in addition to these conditions the applicant did agree to
another condition at the first Planning and Zoning Board Hearing which related to the exterior of
the property retaining it in a residential facade versus a commercial facade and agreed not to
paint it with child care symbols in an effort to retain its compatibility with the adjacent
neighborhoods.
The Planning and Zoning Board considered their request at their meeting of June
18th and several members of the public spoke on the item and voiced concerns with respect to the
use, the hours of operation and the negative affect on property values. After a lengthy discussion
on the hours of operation and how to enforce restricted pick-up and drop-off hours, the Board
voted 3-1 (Hasner dissenting and Bird, Stark and Morris absent) to continue the Conditional Use
request for the Grammy's Place to the July 16th meeting, with the discretion that staff contact the
Child Resource and Family Center to see if there is a need for a 24-hour child care facility in
Delray Beach. Mr. Doffing stated the surrounding facilities were identified which are noted in
the agenda backup material.
Mr. Doffing stated this information was presented to the Planning and Zoning
Board at its July 16th meeting. After some discussion the Board voted 5 to 2 (Peltzie and
Randolph dissenting) to recommend that the Conditional Use request be denied based upon a
failure to make positive findings with respect to Section 2.4.5(E)(5) (Compatibility), in that the
proposed use will have a significant detrimental effect on the stability of the neighborhood and
will hinder development or redevelopment of nearby properties.
While staff feels that the conditions noted in the Planning and Zoning Staff
Report would mitigate the adjacent neighbors concerns, the argument that the conditions would
be difficult to monitor and enforce does have merit. If the conditions are not adhered to, the
conditions of compatibility with adjacent single family uses is a legitimate concern and a finding
of compatibility to not be made. Mr. Doffing stated this was one of the concerns that prompted
the Planning and Zoning Board to recommend denial of the request.
Dennis P. Koehler~ Attorney representing the petitioners Ms. Dianna Jones-
Sizemore and Ms. Jeanine Newman~ stated he prepared and faxed to staff a six page
memorandum explaining the legal and factual issues in some depth focusing on the compatibility
standard in the City's zoning code. Mr. Koehler asked that the Commission make this a part of
the official record. In addition, Mr. Koehler supplied the Commission with a folder prepared by
his clients that contains a letter written to the Mayor and each Commissioner dated July 23,
2001, along with copies of some of the petitions (approximately 115 people signed in support)
recommending approval.
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07/24/01
Mr. Koehler thanked staff for their efficient response and cooperation for making
sure he had a complete record. On page two of his summary Mr. Koehler stated Commissioner
Perlman restated a question quite effectively by asking, "Does it fit the neighborhood?" Mr.
Koehler stated Section 2.4.5(E)(5) of the LDR's requires the City to find that the use will not
have a significant detrimental effect upon the stability on the neighborhood. Secondly, that the
proposal will not hinder development or redevelopment of nearby properties.
Mr. Koehler stated the City's zoning code does not carry any standards that say
there shall only be one day care center within a 1,000-foot radius of each other. Another thing
that was asked for by the Planning and Zoning Board was a demonstration that there is a need for
day care centers in the City. This is also not found in the standards of the City Code. However,
to his clients credit, Mr. Koehler stated they canvassed the neighborhood. Mr. Koehler presented
Exhibit '1" (a colored map) with green indicating properties who approve of the proposal and in
yellow indicating those people who approved of the proposal but would not sign. Exhibit "1"
was entered into the official record.
Mr. Koehler described in detail the quasi-judicial hearing process and stated the
applicant comes forward and is required to show the Commission that he/she have satisfied the
zoning code requirements. Mr. Koehler stated each of the standards that apply in the City Code
have to be satisfied and demonstrated how they meet the standards and they must do this by
competent substantial evidence. Staff reported in the Planning and Zoning Report presented to
the Planning and Zoning Board in June that this applicant meets our standards and should be
approved. Unfortunately, in the wake of some negative testimony at the Planning and Zoning
Board meetings, the majority of the Board (5-2) decided that the petitioner did not make their
case. Mr. Koehler stated when he looked at the materials supplied to him in this case he agreed
that they had not gone far enough and stated two expert witnesses are here tonight to eliminate
any doubt about the fact that this petition satisfies the City's standards.
Mark McCree~ Pro,iect Architect~ stated the entire rear part of the property was
engulfed with concrete as it is now. Mr. McCree stated they are not going to impact parking
.requirements satisfied on the site plan and did not go outside the boundaries of the existing
concrete area. Mr. McCree stated the other issue is they provided a circular driveway. Thirdly,
Mr. McCree stated the appearance of the house would not change. The interior has been
modified to comply with ADA requirements and the facility is designed for twenty-two children.
The play area outside that is required (35 square feet per child) complies with the regulations for
child care.
At this point, Mr. Koehler asked Mr. McCree in his professional opinion, will the
proposed use and the site plan have any significant detrimental effect upon the stability of the
neighborhood? In response, Mr. McCree stated not as the owner has proposed to operate the
facility and modify the building. Furthermore, Mr. McCree stated this would not impact the
neighborhood in any way. Secondly, Mr. Koehler stated there was a question raised by Mr.
Hasner at the Planning and Zoning Board Meeting asking the following: "Will this project, if
approved, hinder the development or redevelopment of the nearby properties?" Mr. McCree
stated this project will not hinder the development or redevelopment of the adjacent properties
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07/24/01
because the structure is not going to change and the rear parking area is not going to change.
With regard to the site, there is nothing being created that already exists other than the circular
drive.
At this point, Mr. Koehler introduced the next expert witness.
Mark J. McLean~ MAI & President of McLean & Associates~ Inc. of
Wellington~ FL stated the specialty of his office is with transitional properties. Mr. McLean
stated they focus on properties that are transitioning fi.om one intensity to another. Mr. McLean
stated he also teaches a course in the spring under the Finance and Real Estate Department at
Florida Atlantic University (FAU). Mr. Koehler asked Mr. McLean if he has had experience in
appraising day care centers? In response, Mr. McLean stated over the past decade he has
appraised several dozen day care centers and other specialty uses and many of the day care
centers have been a part of other commercial properties. However, Mr. McLean stated a
significant number of day care centers have been pre-standing. Mr. Koehler asked Mr. McLean
if he has ever appraised any day care centers within the City of Delray Beach. Mr. McLean
stated he has appraised a number of transitional properties in Delray Beach and the two most
recent appraisals he has done of a day care center was in Riviera Beach. Mr. Koehler asked Mr.
McLean what impacts do these day care centers have on the surrounding residential properties
and their values? In response, Mr. McLean stated he never noted that there was any derogatory
impact on the real estate value. Generally, like any service use, it can create a change in market
focus, quite often for the better. Mr. Koehler asked Mr. McLean if he has observed the property
in question? Mr. McLean stated he has looked at the property and looked at the immediate
market area and stated it is a transitional residential area. There are a lot of allowable
commercial uses, which are being imposed in some of the residential properties. Mr. McLean
stated his office did an appraisal on a residential home located 2 ~A blocks north of there, which
was converted into a beauty parlor. Within that same block, Mr. McLean stated there are also
professional offices. Mr. McLean feels the neighborhood is more impacted by the traffic
patterns of Swinton Avenue than it is by the uses. Mr. Koehler asked Mr. McLean if he has ever
found that a day care center negatively impacts or degrades the property values. Although he has
never found that a day care center negatively impacts or degrades the property values, Mr.
McLean stated one of the opportunities he had earlier today was to look at some of the day care
centers in Delray Beach. Most specifically, Mr. McLean stated he focused on the one that is
identified as #6 on the map. Mr. McLean stated he primarily focused on this day care center
because it does have extended hours (Stepping-Stone Learning Center). The property is located
at the comer of S.W. 6th Avenue and S.W. 6th Street. The other similarity is the circular
driveway, the playground area, and it is also a former residence. Mr. McLean stated he did an
on-line search to identify any of the properties that have been sold there in the last twenty-four
months. Thirty properties had been sold, six of which was vacant real estate, and twenty-four
that had been sold were identified as single family residence. A significant number of them
showed records of having been sold and resold over a period of time. Of those that were sold
and resold under general warranty deeds there were none that showed any derogatory trend as far
as their value. Mr. McLean stated there was nothing that suggested to him that there was any
derogatory impact fi.om this day care center with the extended hours.
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07/24/01
Based on his experience with evaluating day care centers and with his own
analysis, Mr. Koehler asked Mr. McLean if this proposal will have a significant detrimental
affect either on the property values or the stability of the surrounding neighborhood? In
response, Mr. McLean stated there is nothing in his experience or in the studies that were done
that would suggest that this facility would have a derogatory impact on the property values or on
the stability of the neighborhood. In Mr. McLean's professional opinion, Mr. Koehler asked if
this proposal will hinder development or redevelopment of the nearby properties. Mr. McLean
reiterated that there is nothing in his experience or in the studies that would suggest that it would
have any derogatory impact.
At this point, Mr. Koehler entered into the record Mr. McLean's analysis of the
extended hours facility.
Art Feldman~ 228 S. Swinton Avenue~ submitted a petition as Exhibit #3 into
the official record. Mr. Feldman explained he is opposed to allowing this facility to stay open
24-hours. Mr. Feldman stated the people who are going to regulate the hours of the facility are
the employers of the people who are going to bring their children there and feels this is not
compatible to the surrounding area. Mr. Feldman stated he feels it will definitely impact the
property values and commented about the maximum number of children and their mixed ages,
ranging from age 2-12 years old. Mr. Feldman stated the needs for a two-year-old are very
different from the needs of a twelve-year-old and feels this is not good. Mr. Feldman stated he
does not object to day care centers and urged the Commission to look at another piece of
property.
Carolyn Zimmerman~ 212 S.W. 2n~l Avenue~ commented that Delray has
approximately five nurseries and feels that five nurseries is a lot for a small area. She expressed
concern over allowing this facility to remain open for 24-hours and stated there is no reason why
other child care facilities shouldn't be allowed to remain open for 24-hours. Ms. Zimmerman
stated she lives in this area and commented that the neighborhood has turned into a nice
residential area. She is strongly opposed to this facility being open 24-hours and does not think
it is a good idea to have two-year-olds and twelve-year-olds in the same room. Furthermore, Ms.
}Eimmerman feels this is not compatible with the surrounding properties.
Sharon Kingston~ 228 S. Swinton Avenue~ stated there is article in the
newspaper dated July 12th prohibiting 24-hour businesses in residential areas. Ms. Kingston
feels the detrimental effect in having this in her neighborhood is that it will limit any potential
buyers for the properties and is strongly opposed to this project. In addition, Ms. Kingston stated
the property owners in this area have worked very hard to increase the values of their homes by
improving their properties. Ms. Kingston stated the property owners feel the property values will
decrease and feel it is not appropriate to allow a day care facility to be open 24 hours in a
residential area.
Pearl Markfield~ 302 S.W. 1~t Avenue~ stated she is not just an investor but lives
in the area as well. Ms. Markfield stated she does not have any objection to the nursery schools
that are in existence there now. However, Ms. Markfield objects to a 24-hour facility because
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07~4~1
she feels it would infringe on her privacy and her right to the enjoyment of her property. Ms.
Markfield stated she does not see how there could be a comparison to #6 on the map in an area
far away from the area that is the subject area. Ms. Markfield stated that the effect on the
property values is quite different then it would be in the immediate area and is also not adjacent
to or part of a historic area. Ms. Markfield stated she would like to see potential homeonwers'
and businesses moving there that will enhance the area as the property owners who currently live
there feel they already have done.
Lynn Hudson~ 5859 S.E. 93rd Trail~ Lake Okeechobee~ stated she canvassed the
neighborhood and spoke to everyone regarding this project. She stated these are two single
mothers that have invested over $10,000 in this site and are leasing the property with the intent to
buy with approval. Ms. Hudson stated the two women work 12 hours shifts themselves while
trying to get this business off the ground since November, 1999. Ms. Hudson stated that these
women have integrity and if they are informed they cannot have pickup and drop-off from 11:00
p.m. until 6:00 a.m. when they do enrollment that will be made very clear. Ms. Hudson stated
there are approximately 10% of people out of the area that are opposed to this project and the
people who are in favor of this project are working right now. Ms. Hudson stated people who
work in the evenings need support services and urged the Commission to take into consideration
that two single mothers without federal funding and without any grants have worked extremely
hard to try and make a business a reality.
Gloria Ellio~ 345 S. Swinton~ stated she does not disagree with a 24-hour day
care facility, but feels this is the wrong location. She feels by allowing this day care facility will
discourage potential homeowners' or businesses looking to buy in this area.
There being no one else who, having been duly sworn, wished to address the
Commission on this issue, the public hearing was closed.
The City Attorney stated at this point to deny the conditional use there must be a
significantly detrimental effect upon the stability of the neighborhood or it must hinder a
development or redevelopment of nearby properties and also that it would be adverse to the
i~ublic interest. In addition, the City Attorney stated the Commission might wish to make a
finding regarding the compatibility 2.4.4(C) and impose conditions to make sure that it is
compatible. Furthermore, the City Attorney stated in Section 2.4.5(E)(4) it talks about
conditions when establishing a conditional use and not only may conditions be imposed but
limitations may be placed on the hours of operation and/or the longevity of the use.
Discussion by the Commission followed.
Mayor Schmidt commented about the maximum capacity of 22 children and
asked if the owners would be required to have a cot for each child and where the cots woud be
stored during the day? In response, Mr. McCree stated they meet the area requirement for 22
children. Mr. McCree stated this day care center would not be set up like an army barracks
where cots are lined up one right after another. Mr. McCree stated this could be a bunk bed type
of set up and the next step for the petitioner is to work together in getting the interior of this
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07/24/01
design to cater to these children. Mr. McCree stated they have met the requirements of the
square footage and does not feel there is a space issue. Mayor Schmidt asked if the requirements
per space per child include a cot? In response, Mr. McCree explained that the requirements
include a cot per space/per child.
With regard to the impact and the 24-hour versus the standard day care, Mr.
Levinson stated he feels there are differences between these two in terms of impact. Mr.
Levinson asked Mr. McLean of those other day care facilities mentioned how many of them had
been 24-hour day care facilities? In response, Mr. McLean stated he has been involved with have
all been in metropolitan areas and part of other commercial properties (i.e., hotels, gymnasium).
They have collections until 11:30 p.m. and it is his understanding that the design of this facility
will be that they stop pickup at 11:00 p.m. Mr. McLean stated that he does not know if there was
ever any intent to have children playing outside at 3:00 in the morning so it did not seem like it
was of any significant impact to measure.
Mr. Perlman inquired regarding the need for a 24-hour day care facility and asked
if there was a study performed? In response, Mr. Dorling stated the inquiry indicated that there
was a substantial waiting list for this type of use (labeled/t6 on the map) which indicates the
pickup until 11:30 p.m. Mr. Perlman expressed concern over monitoring this and asked how
difficult it is to monitor and enforce these rules? In response, Mr. Dorling stated it would be
difficult because staff will not be there monitoring it. However, Mr. Dorling stated he would
think that the neighbors, particular those speaking in opposition, would be monitoring it. Mayor
Schmidt stated he imagines the Code Enforcement Division would also be contacted if the need
arises.
Mr. Koehler stated one of the things his clients plan to do is when they enroll
children in the facility, they will make it clear that there are no pickups between the hours of
11:00 p.m. and 6:00 a.m. Mr. Koehler stated they certainly cannot have someone standing there
monitoring on a 24-hour basis. However, Mr. Koehler stated it is a combination of self
enforcement, neighborhood intention, and the availability of police officers that would be more
than enough to address the issue of enforcement and compliance with operating hour restrictions.
Mr. Koehler suggested that the petitioners develop and provide the City staff with a copy of the
standard enrollment agreement that will indicate that they will not allow pickups between 11:00
p.m. and 6:00 a.m.
Mr. Perlman asked if the City receives a lot of noise complaints during the day
fi.om other day care centers that are in neighborhood settings? In response, Mr. Dorling stated he
has not heard of any substantial complaints.
In summary, Mr. Koehler respectfully suggests that although the Commission has
heard some strong personal opinions expressed this evening about how the proposal would
infringe on property rights, there has been no facts or expert witness testimony to support those
opinions. Mr. Koehler stated under Florida Law, lay opinions do not qualify as competent
substantial evidence. Focusing on the positive, Mr. Koehler stated he feels they have met the
initial burden of proof and that they qualify for the requested use and offered competent
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07/24/01
substantial evidence by experts in their field to support a conclusion by the Commission that this
project deserves approval.
Mayor Schmidt stated the recommended action is to deny the Conditional Use
request based upon failure to make a positive finding with respect to Section 2.4.5(E)(5)
(Compatibility).
There being no second to the motion, Mayor Schmidt stated the alternative is to
recommend approval of the Conditional Use request to establish a 24-hour child care facility
based upon positive findings with respect to Section 2.4.5(E)(5) (Compatibility), and Chapter 3
(Performance Standards) and the policies of the Comprehensive Plan subject to the conditions as
set forth on page eight of the Planning and Zoning Staff Report.
At this point, Commissioner Perlman inquired about the longevity of the
conditional use.
Mr. Levinson moved to approve the Conditional Use request to establish a 24-
hour child care facility based upon positive findings with respect to Section 2.4.5(E)(5)
(Compatibility), and Chapter 3 (Performance Standards) and the policies of the Comprehensive
Plan, subject to the conditions as set forth on page eight of the Planning and Zoning Staff Report;
adding two additional conditions, 1) that these conditions apply only to the existing operator and
no subsequent operators, and 2) that there be no outside activities outside of the facility after
9:00 p.m., seconded by Mr. Perlman. Upon roll the Commission voted as follows: Mr. Perlman
- Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes.
Said motion passed with a 5 to 0 vote.
Prior to the vote, Ms. McCarthy asked for clarification regarding the two
additional conditions made by Mr. Levinson. Mr. Levinson stated the Conditional Use is
pertaining only to the location at the 300 block of S. Swinton Avenue. Mr. Levinson explained
that in addition to the conditions listed on page eight of the Planning and Zoning Staff Report,
two additional conditions have been added to insure that the Commission has the opportunity to
i'eview the credibility and operational abilities of any subsequent operator who might come to
this location.
At this point, the time being 7:15 p.m., the Commission moved to the duly
advertised Public Heatings portion of the agenda.
PUBLIC HEARINGS:
.!..0.A. PUBLIC HEARING/BLOCK 28 AND BLOCK 36 (ATLANTIC GROVE): A
Public Hearing regarding the following action relating to the proposed 4.6 acre mixed-use project
located on Blocks 28 and 36 (Atlantic Grove), on the north side of West Atlantic Avenue,
between NW 3rd and NW 5th Avenues:
· Authorize the submittal of a $1.5 million Section 108 Loan Guarantee
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07/24/01
application to assist with the development of the 4.6 acre mixed use project
(Continued from the July 10, 2001 Commission Meeting)
Lula Butler, Director of Community Improvement, stated this is a public hearing
on the Section 108 Loan Guarantee Application. Ms. Butler stated that the consultant is present
to give a brief explanation on the conditions and terms of the loan per staff's recommendation.
Mark E. Briggs, President of Mark Briggs & Associates, Inc. located at 505
N. Tustin Avenue, Suite #115~ Santa Aha, California~ briefly explained the structure of the
transaction and the fund process. Mr. Briggs stated the fn'st issue is the decision by the City
Commission as to when to draw down the Section 108 funds. The program is designed in such a
way that only the Commission can decide at what point in time the funds need to be drawn down
for the purpose that they have been identified. This would be when the project is ready to close
on the property and start construction so that the Commission will know that with the City's
action for the project is going to move forward. The $1.5 million Section 108 Loan funds are
anticipated to be deposited into an escrow account like any other real estate transaction and
would be secured by a Deed of Trust and closing on that transaction would occur only when the
appropriate promissory note was executed in favor of the City. There will be a plat map that will
be approved by the City for this project and it is designed now that there would be 20
commercial units that potentially all could be sold, 24 condominiums, and 55 Townhouses. Mr.
Briggs stated they have calculated what the lien would be against each one of those. It would be
$42,427 against the commercial properties, $9,024 against the condominiums, and $7,907
against each of the townhouses. When the unit sells, the new lender will require that the parcel
be free and clear of all liens before they place their first lien. The construction lender will allow
a partial lien release against those parcels. There would be a new escrow and out of that process
the City would be ensured that the closing would not occur unless the amount of money that was
due back to the City was paid out of escrow into the City's account. In terms of the flow of the
funds, the initial funding will come to the City from Chase Manhattan Bank. Mr. Briggs
explained that there is an agreement with HUD and Chase Manhattan Bank to provide the funds
on an interim basis. The interest rate is a 3-month LIBOR plus 20 basis points, which is two-
ienths of one percent, which is paid quarterly. Mr. Briggs stated $300,000 of the EDI Grant
funds would be used to pay the interest on the Section 108 Loan and based on the current interest
rate that would exceed 2 ½ years of interest for the project. Mr. Briggs stated the City has
maximum flexibility while the funding is in the interim status with Chase Manhattan Bank. Mr.
Briggs stated the outstanding principal amount of the Section 108 Loan amount would be repaid
over the remainder of the 20 year term, but could still be prepaid at any time, should the leased
portion eventually be sold.
Mrs. Archer asked if the City decides to use the Chase Manhattan Bank rate and
in the future decided to go into a public offering, would this limit the payments that could be
made for that ten year period? Mr. Briggs stated at that point in time HUD would give the City
fixed principal and interest payments for the remaining term and they would not have the ability
to prepay until reaching the tenth year. Therefore, HUD would be obligated to make those
payments for the continuing period of time until the tenth year when they would have the option
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07/24/01
to prepay.
Mrs. Archer asked if the City remains with Chase for the entire term and the City
makes payments of principal, would the interest due be reduced by that amount that the principal
was reduced? In response, Mr. Briggs stated the interest due would be reduced by the amount the
principal was reduced. The interest is recalculated quarterly each year (as long as it is with
Chase) and the City would have the option to make any additional principal payments on a
quarterly basis. Mr. Briggs noted that this would be simple interest.
Mr. Levinson asked as repayments are made, does that then increase the City's
additional borrowing capacity? Mr. Briggs explained that the City has the option to have up to
five times its annual allocation in the CDBG Program as the amount less whatever the
outstanding principal balance.
Mr. Perlman asked when the City would be repaid? In response, Mr. Briggs
explained that what happens is every time they sell either a commercial unit, condominium, or
townhouse, the City gets prepaid that pro rata amount without question because the liens MB&A
Associates has equals the $1.5 million.
Ms. Butler stated when we collect our payments fi.om them as they sell each unit,
they give the City that amount which goes into the City's account. When the quarterly interest
payments are due we pay that quarterly interest plus any monies we have recouped to reduce the
principal at that time. Mr. Perlman asked if they are paying any interest or is this interest free?
Ms. Butler further explained that the City is using the EDI Grant to pay the interest for the first 2
½ years.
Mr. Levinson asked Mr. Briggs if the City gets to a point where they maintain
some of these, what typically do you find is the offering rate in the sale? Mr. Briggs stated if
someone needs to get an idea of what the rates would be, they tend to trade at 12-15 basis points
over the comparable treasuries.
The City Manager inquired about the scenario where the balance is put into a
public offering and then it cannot be repaid for ten years, and asked if it is ten years fi.om the
time you draw down or from the time of the public offering? In response, Mr. Briggs stated it is
fi.om the time you draw down the initial funds.
Mayor Schmidt stated the prepayment seems very heavily weighted towards sale
of the commercial condominium units and he expressed concerns about the viability of
commercial space particularly as a pioneer project west of Swinton Avenue. Mayor Schmidt
stated worst case scenario, say they cannot sell any commercial condominium units and they
convert to a standard rental scenario. Mayor Schmidt asked fi.om their pro forma, are they going
to have enough income coming in to cover the payments once the EDI is used up to cover the
interest? In response, Mr. Briggs stated the first pro forma received from them had the allocation
of the values against the commercial property and the townhouses. That allocation of dollars did
not change when they came up with the primary sale approach. In addition, Mr. Briggs stated
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07/24/01
the pro formas that they looked at did debt service. Secondly, Mayor Schmidt stated he has a
concern with the 20-year time span. Mayor Schmidt asked if their pro forma shows enough cash
flow and whether or not the 20-year time period could be shortened? Mr. Briggs stated if in fact
we wanted fully amortizing over a shorter time period that increases the amount of debt service
in the early years. Part of the objective of doing this project and using the EDI fimds was to try
and make the economics of the project in the early years as favorable as possible. Mr. Briggs
stated paying the interest on the Section 108 Loan in those early years is a substantial step in
doing that. Mr. Briggs stated if we ask them to do fully amortize principal and interest over ten
years, it would dramatically increase their annual payments. Mayor Schmidt asked Mr. Briggs if
you can amortize over a longer period but have a shorter than 20 year term? In response, Mr.
Briggs stated this could be done.
Further discussion followed by the Commission and Mr. Briggs.
Mr. Levinson asked if there is a way to ensure the interest cost potential to the
City? In other words, Mr. Levinson asked if the City gets into a situation where we have this
potential arbitrage, is there a way to insure that? Mr. Briggs stated he does not know the answer
to these concerns expressed by Mr. Levinson.
Mr. Perlman asked what happened to the actual rental rates as a result of this and
what is the practical impact for someone looking to rent in this project? In response, Mr. Briggs
stated they did not do an analysis of what their rents would have to increase by to cover the
$30O,000.
Mr. Levinson asked Mr. Briggs if $14-$16 is in fact competitive with the North
Federal Highway area and those other second tier areas? Mr. Briggs stated when the CRA was
going through the proposals, they had a couple of different consulting firms looking at the
market and the rates. Mr. Briggs stated he does not recall the detail of their analysis but he does
know that they looked at comparable office and retail rental rates.
Mayor Schmidt declared the public heating open.
Kevin Warner~ 248 Venetian Drive~ commented that he feels the Commission is
rolling a dice with taxpayers money with regard to the interest rate risk.
Secondly, Mr. Warner stated although he does not expect this to happen, there
could be a situation where the development flops or the developer goes bankrupt. If this were
the situation, Mr. Warner stated the City would also be left with the exposure to the interest rate
payments that go beyond the EDI money.
At this point, there being no one else fi.om the pubhc who wished to address the
Commission on this issue, the public hearing was closed.
Mr. Levinson commented about the City being the "borrower" and asked if the
City would be receiving the funds and making payments to the developer? The City Attomey
clarified that the City would be controlling those dollars.
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07/24/01
Mrs. Archer moved to approve the submission of the application to participate in
the Section 108 Loan Guarantee Program in the amount of $1.5 million, and approve the terms
and conditions set forth in the transmittal and letter from Mark Briggs, contracted consultant,
seconded by Mr. Levinson.
Mr. Perlman stated he had been critical of this in the past because he felt it was a
development that was coming. In addition, Mr. Perlman felt that the City would be put at risk
with half of the allotment of the CDBG funds that we might be able to lure additional
development. Mr. Perlman stated there is risk in this type of a deal but weighing the pros and
cons, he feels the City needs to get something developed on West Atlantic Avenue. Mr. Perlman
stated he supports the project and the application.
Mr. Levinson asked if CDBG money could be used to repay the interest? In
response, Mr. Briggs stated that the CDBG money could indeed be used to repay the interest.
Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion
passed with a 5 to 0 vote.
10.B. ORDINANCE NO. 41-01 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending Land Development Regulations Appendix "A" and Section 4.3.3 adding
a definition and special regulations regarding 24-hour businesses and listing 24-hour businesses
as a conditional use in certain non-residential zoning districts. If passed, a second public hearing
will be scheduled for August 7, 2001.
The City Manager presented Ordinance No. 41-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING APPENDIX "A", "DEFINITIONS",
TO PROVIDE FOR A DEFINITION OF 24-HOUR
BUSINESSES; AMENDING ARTICLE 4.3, "DISTRICT
REGULATIONS, GENERAL PROVISIONS", SECTION 4.3.3,
"SPECIAL REQUIREMENTS FOR SPECIFIC USES" BY
ENACTING SUBSECTION 4.3.30gV), "24-HOUR
BUSINESSES", TO PROVIDE THAT 24-HOUR BUSINESSES
LOCATED WITHIN 300 FEET OF A RESIDENTIALLY
ZONED DISTRICT SHALL BE A CONDITIONAL USE AND
SHALL COMPLY WITH SPECIFIED CONDITIONS, AND
PROVIDING THAT EXISTING 24-HOUR BUSINESSES
SHALL BE EXEMPT FROM COMPLIANCE WITH THE
PROVISIONS REGARDING 24-HOUR BUSINESSES; BY
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07/24/01
AMENDING SECTION 4.4.9 "GENERAL COMMERCIAL (GC)
DISTRICT" TO PROVIDE THAT 24-HOUR BUSINESSES ARE
A CONDITIONAL USE; BY AMENDING SECTION 4.4.11
"NEIGHBORHOOD COMMERCIAL (NC) DISTRICT" TO
PROVIDE THAT 24-HOUR BUSINESSES ARE A
CONDITIONAL USE; BY AMENDING SECTION 4.4.12
"PLANNED COMMERCIAL (PC) DISTRICT" TO PROVIDE
THAT 24-HOUR BUSINESSES ARE A CONDITIONAL USE;
BY AMENDING SECTION 4.4.13 "CENTRAL BUSINESS
(CBD) DISTRICT" TO PROVIDE THAT 24-HOUR
BUSINESSES ARE A CONDITIONAL USE; BY AMENDING
SECTION 4.4.14 "RESORT / TOURISM (RT) DISTRICT" TO
PROVIDE THAT 24-HOUR BUSINESSES ARE A
CONDITIONAL USE; BY AMENDING SECTION 4.4.15
"PLANNED OFFICE CENTER (POC) DISTRICT" TO
PROVIDE THAT 24-HOUR BUSINESSES ARE A
CONDITIONAL USE; BY AMENDING SECTION 4.4.24 "OLD
SCHOOL SQUARE HISTORIC ARTS (OSSHAD) DISTRICT"
TO PROVIDE THAT 24-HOUR BUSINESSES ARE A
CONDITIONAL USE; BY AMENDING SECTION 4.4.28
"CENTRAL BUSINESS-RAILROAD CORRIDOR (CBD-RC)"
TO PROVIDE THAT 24-HOUR BUSINESSES ARE A
CONDITIONAL USE; PROVIDING A SAVINGS CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 41-01 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Paul Dorling, Planning Director, stated at is meeting of February 6, 2001, the
Commission approved an ordinance which enacted a 6-month moratorium prohibiting the
establishment of new businesses having operating hours between 12:00 midnight and 5:00 a.m.
in the Downtown Development Authority area, to allow time to study the impacts of 24-Hour
Businesses on adjacent residential uses and the redevelopment effort. The moratorium did not
effect any existing businesses that were already operating between these hours, and exempted
hotels, motels, office uses, restaurants and cocktail lounges.
The primary concern with 24-hour businesses is their impacts on residentially
zoned properties as well as the effects on redevelopment efforts. Therefore, the proposed
ordinance applies citywide rather than to just the area within the boundaries of the Downtown
Development Authority, as indicated in the moratorium.
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07/24/01
At its meeting of July 16, 2001, the Planning and Zoning Board considered this
and several members of the public spoke regarding the text amendment. There were concerns
expressed that the proposed ordinance would apply to projects currently under construction. The
applicability section was then amended to accommodate those in the way existing businesses are
accommodated. Some Board members felt that the ordinance did not address the intent of the
moratorium with regard to convenience type businesses, and questioned significantly broadening
the affected area and uses, such as restaurants. After discussing the amendment, the Board voted
4-3 (Randolph, Peltzie, Bird dissenting) to recommend to the City Commission approval of the
proposed text amendment, based upon positive findings with respect to LDR Section 2.4.5(M).
Mrs. Archer asked if the City has any businesses that are currently under
construction? In response, Mr. Dorling stated the City has a 24-hour Walgreen's drug store
located on Lindell Boulevard and Federal Highway. Mr. Dorling stated that the developer raised
this concern and he is not aware of any others.
Mr. Perlman asked .if the Downtown Development Authority (DDA), the
Downtown Business Merchants Association (DBMA), and the Historic Preservation Board
(HPB) reviewed this as well? Mr. Dorling stated they have all reviewed this and recommended
approval.
Mr. Levinson expressed concern over the conditional use process. Mr. Levinson
stated some other type of businesses might be less desirable because it is not as clean or has less
traffic impact. Mr. Levinson wants to make sure the City is not fixing one problem and creating
another by the ordinance being too vague.
Mr. Dorling the conditional use process includes the required findings that Mr.
Levinson considers vague in some respects but it also requires that positive finding with respect
to district regulations with respect to 24-hour businesses require the provision of a security plan
and buffering and findings of compatibility with Housing Element A-12.3 which also deals with
compatibility between commercial and residential properties.
The City Attorney stated when the LDR's are being revised, there is always that
opportunity for conditional uses to be more specific in the criteria. The criteria the City has
especially the word "Compatibility" has been upheld by the court. Therefore, the City Attorney
stated this is not vague. The City Attorney stated if the Commission wishes to have other
criteria, this can be added to the LDR's under conditional use that is used for a project.
Mr. Perlman stated what was appealing to him was that there was some
discretion.
Mayor Schmidt declared the public hearing open.
John Benneth 137 Seabreeze Avenue~ stated he was one of the individuals who
commented at the Planning and Zoning Board meeting and watching the Board members who
dealt with the issue as to why the vote came out as close as it did. Mr. Bennett feels it was
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difficult to follow who had an objection to the hours in question and who had more of a response
that really was not dealing with the problem in the sense that you call it a 24-hour business, but it
is not. Mr. Bennett feels in its current form, this ordinance sets a trap for the unworried. For
example, Mr. Bennett stated if someone comes into town and decides to do some research about
whether or not they want to start a business and they look at the index and see "24-hour
businesses" they may not look at this section if they decide to only stay open until 12:30 p.m.
when in fact this ordinance would cover you. Mr. Bennett explained when some of the Planning
and Zoning Board members passed this ordinance they stated they wanted to see several fixes
investigated. Most of those fixes were accommodated such as the construction issue and how
they defined time. However, the idea of either calling it "late night businesses" or "businesses
open during the early morning hours" did not make it because it was already advertised as "24-
hours". Mr. Bennett stated if this can be changed before the next meeting, it would be desirable
to call it something other than "24-hour businesses" because he does not feel the City is a 24-
hour business.
There being no one else who wished to address the Commission regarding this
issue, the public hearing was closed.
The City Attorney stated if the Commission would like to change the wording to
"late night business" this would not be considered a change to the definition of the ordinance.
Therefore, the City Attorney stated this ordinance would not have to be readvertised.
Mr. Perlman moved to approve Ordinance 41-01 on First Reading/First Public
Hearing subject to the City Attorney's direction to change "24-hour businesses" to "24-hour or
late night businesses", seconded by Ms. McCarthy. Upon roll call the Commission voted as
follows: Mr. Levinson - Yes; Ms. McCarthy- Yes; Mayor Schmidt- Yes; Mr. Perlman - Yes;
Mrs. Archer- Yes. Said motion passed with a 5 to 0 vote.
10.C. ORDINANCE NO. 38-01: An ordinance rezoning fi.om RM (Medium Density
Residential) to CF (Community Facilities) for the First Presbyterian Church and the abutting
Fisler Property located on Gleason Street south of East Atlantic Avenue. Quasi Judicial
Hearing
The City Manager presented Ordinance No. 38-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, REZONING AND PLACING
LAND PRESENTLY ZONED RM (MULTIPLE FAMILY
RESIDENTIAL-MEDIUM DENSITY) TO CF (COMMUNITY
FACILITIES) ZONING DISTRICT, SAID LAND BEING A
PARCEL OF LAND LOCATED SOUTH OF EAST ATLANTIC
AVENUE AND EXTENDS WEST OF GLEASON STREET
AND EAST OF BRONSON AVENUE AND CONTAINS 3.5
ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA,
2001"; PROVIDING A GENERAL REPEALER CLAUSE, A
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SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 38-01 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex
parte contacts were noted.
The City Attorney stated all involved parties would conduct this item as a quasi-
judicial hearing, which allows for presentations, the admission of documents into the record and
public testimony.
Barbara Garito, Acting City Clerk, swore in those individuals who wished to give
testimony on this item.
Paul Dorling, Planning Director, entered into the record the Planning and Zoning
Department project file #2001-164.
Mr. Dorling stated this rezoning request would include the entire First
Presbyterian Church campus, which is located east of the Intracoastal Waterway. The rezoning
will also include an additional parcel, which is under contract purchase known as the "Fisler
Property".
During the creation of the LDR's in 1990, all other churches of this type were
given a CF zoning designation and it is not clear as to why this piece was not given one at that
time. Therefore, Mr. Dorling stated it is appropriate that we proceed with the rezoning at this
time.
At its meeting of June 18, 2001, the Planning and Zoning Board held a public
hearing in conjunction with the request. After discussion, the Planning and Zoning Board
unanimously recommended (4-0) approval of this project.
Mayor Schmidt declared the public hearing open. There being no one from the
public who wished to address the Commission on this issue, the public hearing was closed.
Mr. Levinson moved to adopt Ordinance No. 38-01 on Second and FINAL
Reading for a rezoning designation change from RM (Medium Density Residential) to CF
(Community Facilities) based on positive findings with respect to Chapter 3 (Performance
Standards), LDR Sections 2.4.5(D)(5), and policies of the Comprehensive Plan, seconded by Mr.
Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor
Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer- Yes; Mr. Levinson - Yes. Said motion
passed with a 5 to 0 vote.
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Prior to the vote, Ms. McCarthy asked if this would cover all the land that they
own at this time? In response, Mr. Dorling stated this will cover their entire holdings and in
addition will include a parcel under contract purchase.
10.D. ORDINANCE NO. 40-01 (FIRST READING/F/RST PUBLIC HEAR/NG):
An ordinance amending Land Development Regulations Section 4.4.11(B)(3) to provide for
business and professional offices as a permitted use in the NC (Neighborhood Commercial)
zoning district, amending Section 4.4.11 (C)(2) to provide for refuse and service areas and by
amending Section 4.4.1 I(H) to prohibit outdoor storage. If passed, a second public hearing will
be scheduled for August 7, 2001.
The City Manager presented Ordinance No. 40-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING CHAPTER FOUR, "ZONING
REGULATIONS", SECTION 4.4, "BASE ZONING DISTRICT",
SUBSECTION 4.4.11, "NEIGHBORHOOD COMMERCIAL
(NC) DISTRICT", SUB-SUBSECTION 4.4.11 (B), "PRINCIPAL
USES AND STRUCTURES PERMITTED", TO PROVIDE FOR
BUSINESS AND PROFESSIONAL OFFICES; BY AMENDING
SUB-SUBSECTION 4.4.11(C) TO PROVIDE FOR REFUSE
AND SERVICE AREAS; AND BY AMENDING SUB-
SUBSECTION 4.4.11(H), "SPECIAL REGULATIONS", TO
PROHIBIT OUTDOOR STORAGE; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 40-01 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public heating was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Paul Dorling, Planning Director, stated this request was generated by "Caribbean
Blue Pools and Kellerco Construction, Inc." who wish to locate at 2201 Seacrest Boulevard
which is located in the NC (Neighborhood Commercial) zoning district.
Currently, Mr. Dorling stated the NC (Neighborhood Commercial) District
regulations allow business and professional offices. However, Mr. Dorling stated these
businesses are limited to travel agencies, outpatient medical services, real estate, finance and
accounting, and community service (outreach) offices. This amendment would strike the
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specific office types and allow business and professional offices in general. To alleviate any
concerns particularly with this specific use, Mr. Dorling stated additional requirements have been
added that outside storage is not an allowable component.
At its meeting of July 16, 2001, the Planning and Zoning Board unanimously
recommended (7-0) approval based upon positive findings with respect to Section 2.4.5(M)(5).
Mr. Levinson commented that immediately north of this property, there is a rental
equipment facility, which does have outside storage. Mr. Dorling stated that normally outside
storage is not allowed. However, Mr. Dorling stated this may have been an enclave long ago and
it is quite possible that they are a non-conforming use. Mayor Schmidt gave direction to Mr.
Dorling to research this and bring back to the Commission at the second reading on August 7th.
Mayor Schmidt declared the public heating open. There being no one from the
public who wished to address the Commission on this issue, the public hearing was closed.
Mrs. Archer moved to approve Ordinance No. 40-01 on First Reading/First Public
Hearing, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mayor
Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy -
Yes. Said motion passed with a 5 to 0 vote.
10.E. RESOLUTION NO. 46-01: A resolution establishing a budget for the
Stormwater Utility System, establishing the rates for FY 2002 Stormwater Management
Assessments, and certifying and adopting the Stormwater Assessment Roll.
The City Manager presented Resolution No. 46-01:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, ESTABLISHING A BUDGET
FOR THE STORMWATER UTILITY SYSTEM;
ESTABLISHING RATES FOR STORMWATER
MANAGEMENT ASSESSMENTS FOR EACH PARCEL
WITHIN THE BENEFITED AREA, OTHER THAN NON-
ASSESSED PROPERTY; PROVIDING FOR A PUBLIC
HEARING, ALL IN ACCORDANCE WITH CHAPTER 56 OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA, AND RELEVANT STATUTORY
AUTHORITY; PROVIDING FOR THE CERTIFICATION AND
ADOPTION OF THE STORMWATER ASSESSMENT ROLL.
(The official copy of Resolution No. 46-01 is on file in the City Clerk's office.)
The City Manager stated this is the Stormwater Utility Assessment Roll. The
budget would be balanced with the same rates as we have had for several years. The City
Manager explained that because the City has accelerated a lot of the stormwater projects, most of
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the revenue that is not being used for operating purposes is going to debt service this year. The
City Manager stated that finishes the third year payment and next year the City will be able to
complete more projects.
Mayor Schmidt declared the public hearing open. There being no one who
wished to address the Commission on this issue, the public hearing was closed.
Mr. Perlman moved to approve Resolution No. 46-01, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer -
Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with
a 5 to 0 vote.
11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC-IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
ll.A.
City. Manager's response to prior public comments and inquiries.
The City Manager stated last month that there were several inquiries from Mr.
O'Clark, President of the Atlantic Park Gardens Homeowners' Association. One concern was
regarding a house that had been boarded up, and he was urging the City to have it demolished as
soon as possible. In that particular case, the City Manager stated that the homeowner appealed to
the Board of Construction Appeals (BOCA) asking for additional time in which to h/re an
Engineer to do the structural survey of the property; and the BOCA granted him 30 days. The
City Manager stated that staff was trying to keep an open line of communication with Mr.
O'Clark in case the homeowner wished to pursue selling the property to the City.
Secondly, the City Manager stated that Mr. O'Clark talked about trying to convert
some of the rental properties to home ownership. The City does not currently have a program to
purchase apartments and convert them into single family housing. The CRA has a duplex
conversion program, but it does not extend to this area of the City (only pertains to the Seacrest
.area).
Thirdly, regarding Mr. O'Clark's concem about building more single family
homes as had been built on l0th Avenue and 12th Avenue, the City Manager stated that the homes
which had been built were part of the City's Renaissance Program and partnership with the
Young Men's Progressive Club to develop seven single family homes. This helped to fulfill the
goals of the Renaissance Program to increase home ownership opportunities, improve the
condition of the existing housing units, and contribute to the City's overall neighborhood
improvement efforts.
With regard to comments expressed by Mr. O'Clark regarding drug dealers in the
area and requesting that the City do something about eliminating most of the people that were
buying drugs. The City Manager stated that he would consider that as a part of the City's
continuing strategy in dealing with drug dealers in this area.
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The City Manager stated that there was a concern expressed about the need for
Park and Recreation's employees to work on the weekend to keep the parks clean. Ms. Finst had
indicated that she was at Knowles Park and saw some unsightly debris that washed in from the
Intracoastal. The City Manager explained the crews working on the weekend are rest room
cleaning crews and that the crews cleaning up West Atlantic Avenue work on Sunday and
Monday. Normally, the City would not put staff on an overtime basis, and the regular morning
crew would take care of making sure the area is cleaned up on Monday morning. The City
Manager stated although it does happen occasionally, staff does not feel it is that big of a
problem fight now.
With regard to overgrown lots on Southridge Road, the City Manager stated these
vacant lots are periodically cited, or the owners are contacted with respect to overgrowth for
trash accumulations. The Code Enforcement Officer, assigned to this area, developed a rapport
with several of the vacant lot owners. Unfortunately, he was injured on duty and has not been at
work for the last few weeks. Overgrown vacant lots on Southridge Road, except those being
utilized to store road construction debris, were cited again this past week.
With regard to a previous concern expressed about graffiti on the sidewalk along
A-1-A near meter #119, the City Manager stated staff was not able to find the graffiti this last
week. Staff assumes it is water-soluble and has been washed away by the heavy rainfall.
However, the City Manager stated staff will keep a look out for any graffiti that may appear in
the future.
The City Manager stated Ms. Helene Miller expressed concern about getting the
street signs up again at the intersection of Linton Boulevard and Federal Highway and noted the
street signs were put up the very next day.
With regard to the pedestrian crossing at the "S" shaped curve by the Seagate
Beach Club, the City Manager explained staffhas re-striped and replaced the pedestrian crossing
signs within the last couple of years. A-1-A is under the Florida Department of Transportation
(FDOT), and the City does not control it. However, the City Manager stated staff will look into
ihis matter to see if the City can give FDOT any recommendations for improving safety in this
location.
With regard to a previous concern expressed about the amount that would be
needed for the Police and Fire Pension Fund, the City Manager stated it is a little over $330,000.
The City Manager stated this amount is an additional increase from last year.
The City Manager addressed another concern regarding the builders out west
trying to claim all the money for school construction. The School Board's capital plan for the
next five years is very specific as to the schools that are to be built. The City Manager explained
that if a builder wishes to build something in an area where something else is planned, then the
builder has to mitigate the need for schools, or else they cannot build there. The City Manager
stated as he understands the system, it is not possible for someone who is building out west to
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pull construction dollars fi.om the east and it is not currently allowed under the City's
Concurrency Agreement.
ll.B.
From the Public.
ll.B.1. Carolyn Zimmerman~ President of the President's Council, stated she
received numerous complaints that on July 4th there were too many children using fireworks
without adult supervision. In the Swinton Avenue area a house has a hole in it fi:om a bomb that
was set off, With regard to S.W. 12th Avenue, Ms. Zimmerman stated one President from the
Sunshine Association called her and informed her children were setting off fireworks
approximately one week prior to the fourth of July. Ms. Zimmerman stated she could attest to
this because she witnessed children in groups of 12-15 under the age of twelve setting off
fireworks around 2nd Avenue. She stated these children were setting off fireworks continually
every night up until about 12:00 p.m. Ms. Zimmerman stated she also received comments fi-om
the northwest section that said there were better fireworks coming fi.om the southwest section
than the beach. In addition, a homeowners' group from George Bush Boulevard reported to Ms.
Zimmerman that there was a lot of dnmkenness on the road fi:om people whom attended the 4th
of July celebration. Ms. Zimmerman suggested for the City to implement a program to educate
our children that they are not allowed to do this and that their parents be held responsible for
their behavior. Ms. Zimmerman stated there were requests for the Police to come stop the
fireworks but they did not come.
ll.B.2. John Benneth 137 Seabreeze Avenue~ thanked the Commission for the
opportunity to participate in the Citizen Summit at the Golf Course and feels it was an interesting
experience.
Secondly, Mr. Bennett presented the Commission with his typed comments
expressed at the October 17, 2000 Regular City Commission Meeting under Comments and
Inquires on Non-Agenda Items. He reiterated and suggested that the Commission look into
changing the procedure for the three-minute rule because he feels it would help improve the
process and people's perception of it. In addition, Mr. Bennett read the following quote taken
fi.om the questions and answer period of the All America City Presentation 2001: "The
Commission has opened up the process and allowed more citizen input and community
involvement. It's a continuing challenge for us and one that we embrace." (a copy is attached
hereto and incorporated herein as an official part of the minutes).
11.B.3. Kevin Warner~ 248 Venetian Drive~ stated on behalf of Alice Finst, he thanked
everyone for the looking into the situation with the microphones and stated the sound system is
working wonderfully.
9.B. CONDITIONAL USE REQUEST: Consider a conditional use request to allow
a mixed-use development with a density of more than 12 units per acre for the Atlantic Grove
Redevelopment Project located on the north side of West Atlantic Avenue, between NW 3~a and
~ 5th Avenues. Quasi-JudicialHearing
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07/24/01
Mayor Schmidt asked the Commission to disclose any ex parte contact. No ex
parte contacts were noted.
The City Attorney stated all involved parties would conduct this item as a quasi-
judicial heating, which allows for presentations, the admission of documents into the record and
public testimony.
Barbara Garito, Acting City Clerk, swore in those individuals who wished to give
testimony on this item.
Paul Dorling, Director of Planning and Zoning, entered into the record the
Planning and Zoning Department's project file #2001-132.
This proposal involves the establishment of a mixed-use redevelopment project,
which includes 55 townhouse units, 20 condominium units and 47,856 square feet of commercial
space. The Atlantic Grove project was selected t~om among four proposals in response to the
CRA's Request for Proposal (RFP) for redevelopment of Blocks 28 & 36. Residential density
within the West Atlantic Avenue Overlay may be increased from 12 units per acre up to 30 units
per acre as a conditional use. The proposed residential density is 16.54 dwelling units per acre.
Therefore, conditional use approval is required.
At its meeting of July 16, 2001, the Planning and Zoning Board held a public
hearing in conjunction with the Conditional Use request. Several members spoke in favor of the
proposal including Diane Dominguez, CRA Executive Director. After discussion, the Board
unanimously recommended (7-0) approval of this proposal based upon positive findings with
respect to the performance standards, the conditional use findings, and consistency with the West
Atlantic Redevelopment Plan.
There being no one else who, having been duly sworn, wished to address the
Commission on this issue, the public hearing was closed.
Mr. Perlman moved to approve the request for Conditional Use approval for
Atlantic Grove, based upon the findings and recommendations of the Planning and Zoning
Board, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman -
Yes. Said motion passed with a 5 to 0 vote.
9.C. APPROVAL OF CITY POLICY FOR NEIGHBORHOOD TRAFFIC
CALMING: Consider approval of the proposed Policy for Neighborhood Traffic Calming.
Randal Krejcarek, City Engineer, addressed a question that was brought up at the
Workshop Meeting about the enrollment period and how that would correspond to the budget
cycle. Mr. Krejcarek stated the way requests are handled for any project is the department
informs the citizen immediately whether staff is in the beginning of the process or at the end of
the process or if this will be something proposed in next year's budget. Mr. Krejcarek stated this
07/24/01
will be handled the same way and that way requests can be taken all year long. Furthermore, Mr.
Krejcarek stated he does not feel it would be prudent to have a specific period of time for the
requests.
Secondly, with regard to the list of neighborhoods and streets that the department
has received requests for, Mr. Krejcarek emphasized that the list is just a sample and is not all
inclusive.
Mrs. Archer moved to approve the proposed Neighborhood Traffic Calming
Policy and Guidelines as presented by staff, seconded Mr. Perlman. Upon roll call the
Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes;
Mr. Perlman - Yes; Mrs. Archer- Yes. Said motion passed with a 5 to 0 vote.
9.D. ESTABLISHMENT OF PROPOSED MILLAGE RATE: Consider
establishing the proposed millage rate for FY 2002.
Mr. Levinson moved to approve establishing the proposed millage rate at 8.1
mills, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson -
Yes. Said motion passed with a 5 to 0 vote.
Prior to the vote, Mrs. Archer commented that the proposed millage rate of 8.1
mills is the absolute worst case scenario that the City may have to endure because once the
millage rate is established, the Commission cannot raise it. Therefore, Mrs. Archer stated she is
hopeful that the Commission will be able to establish the millage rate lower than 8.1 mills.
9.E. CONSULTANT HISTORICAL SITE PLAN PHASE II /JANUS
RESEARCH: Consider approval of second lowest bidder, Janus Research to act as our
consultant for Phase II of the Historical Site Plan in the amount of $25,085.75. Funding is
available in a $10,000.00 grant from the Florida Department of State, Division of Historical
Resources and the remainder from Planning and Zoning Department's budget.
Paul Dorling, Planning Director, stated in 1998, the City received a $10,000
matching grant to begin a Phase I Historic Sites Survey from the Florida Department of State,
Division of Historical Resources. Janus Research, an outside consultant, conducted the survey.
That survey identified and documented approximately 500 structures that had been built prior to
1950. The survey also identified an additional four to five hundred sites that needed to be
surveyed. In March 2001, the City was selected to receive an additional $10,000 grant to
continue the historic survey project. In May 2001, the City published a Request for Proposal
(RFP) for the Phase II Survey Grant. There were four responses received by the deadline.
Historic Preservation Services came in with a bid of $25,025.00. Although the firm Historic
Preservation Services was $60.75 less than Janus Research, they did not include any per diem
allowances that will be a required expenditure. Janus Research was the only bidder to submit an
inclusive budget to accomplish our objectives.
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07/24/01
Staff recommends approval of the firm of Janus Research (second lowest bidder)
to conduct the Phase II Historic Sites Survey.
Mr. Perlman moved to approve the firm of Janus Research (second lowest bidder)
to conduct the Phase II Historic Sites Survey, seconded by Ms. McCarthy. Upon roll call the
Commission voted as follows: Mayor Schmidt - Yes; Mr. Pedman - Yes; Mrs. Archer - Yes;
Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote.
9.F. APPOINTMENTS TO THE EDUCATION BOARD: Appoint six (6) regular
members to the Education Board with two-year terms ending July 21, 2003. Appointments will
be made by Commissioner McCarthy (Seat #4), Mayor Schmidt (Seat #5), Commissioner
Perlman (Seat #1), Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3), and
Commissioner McCarthy (Seat 84).
Ms. McCarthy moved to reappoint Greta Britt (incumbent) as a regular member to
the Education Board for a two-year term ending July 21, 2003, seconded by Mr. Perlman. Upon
roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson
- Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote.
Mayor Schmidt moved to reappoint Marlene Brown (incumbent) as a regular
member to the Education Board for a two-year term ending July 21, 2003, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson -
Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with
a 5 to 0 vote.
Mr. Perlman moved to reappoint Sheldon Weil (incumbent) as a regular member
to the Education Board for a two-year term ending July 21, 2003, seconded by Ms. McCarthy.
Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes;
Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0
vote.
Mrs. Archer moved to reappoint Jayne King (incumbent) as a regular member to
the Education Board for a two-year term ending July 21, 2003, seconded by Mr. Perlman. Upon
roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - No; Mr.
Perlman - Yes; Mrs. Archer- Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 1 vote.
Mr. Levinson moved to appoint Sharron Ronco as a regular member to the
Education Board for a two-year term ending July 21, 2003, seconded by Ms. McCarthy. Upon
roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote.
Ms. McCarthy moved to appoint Frances "Betsy" Owen as a regular member to
the Education Board for a two-year term ending July 21, 2003, seconded by Mr. Perlman. Upon
roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson
- Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote.
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07/24/01
9.G. APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD:
Appoint three (3) regular members to the Historic Preservation Board with two-year terms
ending August 31, 2003. Appointments will be made by Commissioner Levinson (Seat #3),
Commissioner McCarthy (Seat #4), and Mayor Schmidt (Seat #5).
Mr. Levinson moved to reappoint Gail Lee McDermott (incumbent) as a regular
member to the Historic Preservation Board for a two-year term ending August 31, 2003,
seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes;
Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Peflman - Yes. Said
motion passed with a 5 to 0 vote.
Ms. McCarthy moved to appoint Gloria Elliott as a regular member to the Historic
Preservation Board for a two-year term ending August 31, 2003, seconded by Mr. Perlman.
Upon roll call the Commission voted as follows: Mr. Levinson- Yes; Ms. McCarthy - Yes;
Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0
vote.
Mayor Schmidt stated he wished to appoint Michael Simon as a regular member
to the Historic Preservation Board with a two-year term ending August 31, 2003, seconded by
Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor
Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion
passed with a 5 to 0 vote.
9oHo
APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY:
Appoint one (1) regular member to the Delray Beach Housing Authority with four year term
ending July 14, 2005. Appointment will be made by Commissioner McCarthy (Seat g4), subject
to acceptance by the Mayor.
Ms. McCarthy moved to appoint Angela D. Randolph as a regular member to the
Delray Beach Housing Authority for a four-year term ending July 14, 2005, seconded by Mr.
i)erlman. Upon roll call the Commission voted as follows: Mayor Schmidt- Yes; Mr. Perlman
- Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with
a5 to 0vote.
Prior to the vote, Mayor Schmidt stated he would accept the motion presented by
Commissioner McCarthy.
9.1o
APPOINTMENTS TO THE SITE PLAN REVIEW & APPEARANCE
BOARD: Appoint two (2) regular members to the Site Plan Review and Appearance Board for
with two-year terms ending August 31, 2003. Appointments will be made by Commissioner
Perlman (Seat #1) and Commissioner Archer (Seat #2).
Mr. Perlman moved to appoint Janine Dabney Battle as a regular member to the
Site Plan Review and Appearance Board for a two-year term ending August 31, 2003, seconded
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by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion
passed with a 5 to 0 vote.
Mrs. Archer moved to appoint Nancy J. Stewart as a regular member to the Site
Plan Review and Appearance Board for a two year term ending August 31, 2003, seconded by
Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion
passed with a 5 to 0 vote.
9.J. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint two
(2) regular members the Code Enforcement Board with term ending January 14, 2002 and
January 14, 2004, and two (2) alternate members with term ending January 14, 2002 and January
14, 2004. The regular appointments will be made by Commissioner Perlman (Seat #1), and
Commissioner Archer (Seat #2). The alternate appointments will be made by Commission
Levinson (Seat #3) and Commissioner McCarthy (Seat g4).
Mr. Perlman moved to appoint Robert Desjean (mortgage broker) as a regular
member to the Code Enforcement Board for a term ending January 14, 2002, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes Mrs. Archer - Yes. Said motion
passed with a 5 to 0 vote.
Mrs. Archer moved to appoint Roger W. Cope (architect) as a regular member to
the Code Enforcement Board for a term ending January 14, 2004, seconded by Mr. Perlman.
Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes;
Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0
vote.
Mr. Levinson moved to appoint Russell Jennings (contractor) as an alternate
member to the Code Enforcement Board for a term ending January 14, 2002, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - No; Mr. Perlman
- Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a
4 to 1 vote.
Ms. McCarthy moved to appoint Beril Kruger (planner) as an alternate member to
the Code Enforcement Board for a term ending January 14, 2004, seconded by Mr. Perlman.
Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0
vote.
9.K. FUNDING REQUEST/DELRAY BEACH HOUSING AUTHORITY:
Consider approval of a request from the Dekay Beach Housing Authority to provide bridge
funding for the acquisition of 3.08 acres of undeveloped property between SW l0th Street and
SW 8th Street, for the construction of affordable housing. Funding is available from 118-1922-
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07~4~1
554-49.14 (HOPE3 Acquisition Rehabilitation).
Lula Butler, Director of Community Improvement, explained this is before
Commission to approve and authorize to parmer with the Delray Beach Housing Authority
(DBHA) to acquire a 3.08 track of undeveloped land located just south of Carver Estates
between S.W. 10th and S.W. 8th Street. The DBHA in partnership with the City will facilitate the
construction of approximately eight new affordable houses for first time buyers qualifying under
the established very low and low-income guidelines for families. The DBHA is requesting that
the City advance $250,000 projected as the purchase price for the land. Staff is recommending
that the City use a portion of the revenues generated under the HOPE 3 program for this
initiative. Ms. Butler stated the HOPE 3 dollars must be spent by the end of December or HUD
is requesting that the City will have to give back the money.
The DBHA has several families that are participating in their Family Self-
Sufficiency Program that educates and grooms residents for homeownership. The DBHA is
scheduled under its approved five-year plan to receive capital funds at $250,000 per year
beginning with their 2002 fiscal year. Thus, they are proposing to replace the City's dollars at
that time, making them available to fund the infrastructure to the site.
Mr. Levinson inquired about this property and inquired if this property fronts
S.W. l0th Street? He stated there was some discussion as to whether or not there would be a
small commercial piece facing S.W. 10th Street. Ms. Butler stated they have decided not to do
that, but they would like to have some recreational amenities to go with the subdivision. Mr.
Levinson asked Ms. Butler if their anticipation is to put residential through to S.W. l0th Street?
In response, Ms. Butler stated that the intent is that this be residential through to S.W. 10th Street.
Ms. McCarthy moved to approve the funding request from the Delmy Beach
Housing Authority to provide for the acquisition of 3.08 acres of undeveloped property between
S.W. l0th Street and S.W. 8th Street, seconded by Mrs. Archer. Upon roll call the Commission
voted as follows: Mrs. Archer- Yes; Mr. Levinson- Yes; Ms. McCarthy - Yes; Mayor Schmidt
- Yes; Mr. Peflman - Yes. Said motion passed with a 5 to 0 vote.
FIRST READINGS:
!2.A. ORDINANCE NO. 42-01: An ordinance rezoning from R-1-A (Single Family
Residential) to CF (Community Facilities) a parcel of land located on the west side of NW 4th
Avenue, approximately 150 feet south ofNW 1st Street to accommodate an off-street parking lot
associated with the Atlantic Grove Redevelopment project. If passed, a quasi-judicial public
hearing will be scheduled for August 7, 2001.
The City Manager presented Ordinance No. 42-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, REZONING AND PLACING
LAND PRESENTLY ZONED R-1-A (SINGLE FAMILY
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07/24/01
RESIDENTIAL) DISTRICT TO CF (COMMUNITY
FACILITIES) DISTRICT; SAID LAND BEING A PARCEL OF
LAND LOCATED ON THE WEST SIDE OF N.W. 4TM
AVENUE, APPROXIMATELY 360' NORTH OF WEST
ATLANTIC AVENUE, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, 2000"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 42-01 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Planning Director, explained that this is part of the Atlantic Grove
Development Proposal. The property is currently under contract for sale to Atlantic Grove
Partners, who are in the process of obtaining conditional use and site plan approval for a mixed-
use project on Blocks 28 and 36. Their proposal depicts the property as a 24-space parking lot to
be used by guests of residents and customers of businesses within the new development. In
order to be used for parking, the zoning must be changed from its current R-1-A (Single-Family
Residential) designation. Operation of a privately owned parking lot in the CF zoning district
also requires conditional use approval, which is being processed concurrently with this request
for rezoning and will be presented to the Commission concurrent with second reading of the
rezoning.
At its meeting of July 16, 2001, the Planning and Zoning Board held a public
hearing on the proposed rezoning and recommended approval of the rezoning (7-0), based on
positive findings with respect to Section 3.1.1 (Required Findings), Section 3.2.2 (Standards for
Rezoning Actions), and Section 2.4.5(D)(5) (Rezoning Findings) of the Land Development
Regulations, and the Goals, Objectives and Policies of the Comprehensive Plan.
Mr. Perlman moved to approve Ordinance No. 42-01 on FIRST Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson -
Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said
motion passed with a 5 to 0 vote.
12.B. ORDINANCE NO. 43-01: An ordinance amending the Land Development
Regulations Section 4.6.9(E)(3)(b) to include a map which delineates the in-lieu of parking fee
areas and corresponding fee amounts. If passed, a public hearing will be scheduled for August 7,
2001.
The City Manager presented Ordinance No. 43-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
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ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING CHAPTER FOUR, "ZONING
REGULATIONS", SECTION 4.6, "SUPPLEMENTAL
DISTRICT REGULATIONS", SUBSECTION 4.6.9, "OFF-
STREET PARKING REGULATIONS", SUB-SUBSECTION
4.6.9(E)(3)(b), "LOCATION OF PARKING SPACES", TO
INCLUDE A MAP WHICH DELINEATES THE IN-LIEU
PARKING FEE AREAS AND CORRESPONDING FEE
AMOUNTS; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 43-01 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Planning Director, stated the Land Development Regulations,
Sections 4.6.9(E)(3)(b)(1 through 4), explain in great detail the areas where in-lieu of parking
fees are permitted along with their respective cost per space. There is currently no visual aid
clarifying the areas described. The addition of a map to the LDR would clarify this provision for
developers and applicants considering projects in the Delray Beach area.
Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be
based upon a finding that the amendment is consistent with and furthers the Goals, Objectives,
and Policies of the Comprehensive Plan. This amendment is being initiated more for
"housekeeping" purposed than to fulfill any specific Comp Plan policy.
At its meeting of July 16, 2001, the Planning and Zoning Board, in concurrence
with the Parking Management Advisory Board, unanimously recommended (7-0) approval of the
proposed LDR text amendment to Section 4.6.9(E)(3)(b) to include the map delineating the in-
lieu of parking fee areas and their respective cost per space, based upon positive findings with
respect to LDR Section 2.4.5(M)(5).
Mrs. Archer moved to approve Ordinance No. 43-01 on FIRST Reading,
seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy -
Yes; Mayor Schmidt - Yes; Mr. Pedman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said
motion passed with a 5 to 0 vote.
12.C. ORDINANCE NO. 44-01: An ordinance amending Chapter 33, Police and Fire
Departments Pension, Section 33.66 and Section 33.66(E)(2)(b) of the City Code of Ordinances
which modifies the Police and Fire Pension Plan to conform with the Division of Retirement's
concerns and meet the requirement of F.S. 112.661(5)(b). If passed, a public heating will be
scheduled for August 7, 2001.
The City Manager presented Ordinance No. 44-01:
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07/24/01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA AMENDING CHAPTER 33,
"POLICE AND FIRE DEPARTMENTS", SUBHEADING
"PENSIONS", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA BY AMENDING
SECTION 33.66, "FINANCES AND FUND MANAGEMENT,"
SECTION 33.66(E)(2)(b), TO MODIFY THE TIME PERIOD
FOR REBALANCING PENSION FUND ASSETS; PROVIDING
A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 44-01 is on file in the City Clerk's office.)
The City Attorney read the caption of ordinance.
Mayor Schmidt commented that this was presented to the Police and Fire Pension
Board at their last meeting and they are in favor of this amended ordinance.
Mr. Perlman moved to approve Ordinance No. 44-01 on FIRST Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt -
Yes; Mr. Perlman- Yes; Mrs. Archer- Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said
motion passed with a 5 to 0 vote.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. Ci~. Manager.
The City Manager noted that the year 2001 has been placed on the All America
City sign.
13.B. CiW Attorney.
The City Attorney had no comments or inquiries on non-agenda items.
13.C.
Ci~ Commission.
13.C.1.
Commissioner Archer
Mrs. Archer reiterated that when the Commission met to discuss their goals, she
mentioned that it may be worthwhile to send a letter to the MPO requesting some assistance with
replanting the area on the interchanges along 1-95 because there was so much greenery that was
removed that the City had paid for to put in. She is hoping to get support in replacing some of
the greenery when the time comes.
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07/24/01
Secondly, Mrs. Archer stated it was very sad that Mr. Pompey passed away so
close to Spady Day honoring the Spady Museum. Mrs. Archer stated she was sorry Mr. Pompey
was not able to be at the museum and that she had been looking forward to him being there.
13.C.2.
Commissioner Perlman
With regard to Mr. Pompey, Mr. Perlman stated it was only two weeks ago that
the Commission talked about the effort to create a statue and a bronze bust. Mr. Perlman feels it
is extremely sad that Mr. Pompey is not alive to receive this honor.
Mr. Perlman stated he has two stories regarding Mr. Pompey that he would like to
share. One, when Mr. Perlman first came to Delray approximately fifteen years ago and was a
brand new reporter on the Delray Beat, his editor informed him to meet with Mr. Pompey if he
wanted to gain a better knowledge about local history. Mr. Perlman spent the entire afternoon
with Mr. and Mrs. Pompey in their living room and touched base with them regularly throughout
his years covering the City. Mr. Perlman stated Mr. Pompey had such tremendous insight and
background and had been so much a part of creating the local history. Mr. Perlman stated the
second story he would like to share is when he and Commissioner Levinson (candidate Levinson
at the time) attended the Martin Luther King Day celebrations and tried to be inconspicuous. Mr.
Perlman stated they showed up in a Corvette wearing suites and snuck into the auditorium and
the next thing they knew microphones were thrust at them to make a speech and it was Mr.
Pompey's doing. Mr. Peflman stated Mr. Pompey patted them on the back and he said, "When
you're in public life, you always have to be prepared to talk". Mr. Perlman stated Mr. Pompey
was a teacher fi.om beginning to end and will be missed.
13.C.3.
Commissioner McCarthy
With regard to Mr. Pompey, Ms. McCarthy stated since she has been in office,
she does not know or remember someone in our City of this magnitude that we all know and
inquired if the Commission has certain obligations. Ms. McCarthy stated she will do her own
.personal things, but as a public servant asked if the City has a policy? Ms. McCarthy asked if
the Commission would like to do something as a group in lieu of flowers and stated she would be
more than happy to put funds together collectively for the statue.
Mayor Schmidt announced donations may be sent to the NACIREMAS Club for
the committee for the C. Spencer Pompey Sculpture Fund.
Mrs. Archer commented she would not be unopposed to have the Commission do
something as a whole and would be glad to contribute. Mrs. Archer recommended that the
Commission contribute as a whole to the bronze bust. It was the consensus of the Commission
as a whole to contribute funds to the bronze bust of C. Spencer Pompey.
Ms. McCarthy stated she truly believes in the divine order because one of the
things she remembers most about Spencer Pompey is the unique way he embraced and accepted
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07/24/01
people. One of the things Mr. and Mrs. Pompey said to her was for her to realize that you get out
of the City what you put into the City no matter where you come from.
Ms. McCarthy stated a very dear friend fi:om Providence, Rhode Island called her
and asked for the size of the flag in the tennis stadium. This friend proceeded to inform her that
the flag fi:om the country where Ms. McCarthy is from is not along side the other flags at the
tennis stadium. With much pride, Ms. McCarthy presented a flag to the Commission from the
Cape Verdi Islands and explained this is the country where part of her family is from.
13.C.4.
Commissioner Levinson
Mr. Levinson feels Mr. Pompey will be around in spirit for a long time and stated
he does not feel anyone will forget him or the impact he had on this community.
Mr. Levinson criticized the three-year term limits for the Code Enforcement
Board and the four-year term limits for the Delray Beach Housing Authority and feels these
terms are too long. Mr. Levinson suggested that staff look into these term limits.
Mr. Levinson asked
regarding the Tropic Isle dredging.
information at this time.
the City Manager if he was able to find anything out
In response, the City Manager stated he does not have any
With regard to Ms. Zimmerman's comments regarding fireworks, Mr. Levinson
stated when he was a child, he recalls a Fire Department lecture showing children "this is your
hand before fireworks and this is your hand after fireworks". Mr. Levinson suggested if
appropriate, the Fire Department could look into giving lectures at the summer camps for
children regarding the dangers of fireworks.
Mr. Levinson stated he agrees with comments expressed by Mayor Schmidt
regarding the aggregation of time and feels if there were a way to come up with something that
makes sense he would be more than willing to review it. Mr. Levinson feels there should be
some methodology by which other communities have dealt with this issue.
Mr. Levinson commended Pat Warren for the great group of prospects she
provided to the Commission for the City Boards. He feels there is a lot of new names and new
people with great credentials.
Mr. Levinson stated Mr. Jim Tabeek, Fire Inspector Lieutenant, informed him
when he traveled this summer he saw other cities who were also winners of the All America City
Award and stated these cities had utilized the logos on unique places. Mr. Tabeek suggested that
the City of Delray place these logos where they are visible fi:om other places such as the turnpike
entrance or the Interstate.
13.C.5.
Mayor Schmidt
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07/24/01
Mayor Schmidt echoed comments expressed by Commissioner Perlman regarding
Spencer Pompey.
With regard to Mr. Bennett's request regarding aggregating time, Mayor Schmidt
stated he feels this concept is right for abuse. Mayor Schmidt stated there was someone here in
the not too distant past representing himself as a Homeowners' Association and he was not on
the Board. Mayor Schmidt informed Mr. Bennett if he would like to draft something that would
help eliminate all those problems, the Commission could certainly take a look at it.
With regard to some comments expressed recently regarding the CRA Board,
people thought the four-year term was too long and people should not be appointed for more than
one four-year term. Mayor Schmidt stated he finds it interesting that on tonight's agenda the
Commission considered appointments to the Code Enforcement Board which has a three year
term and the Delray Beach Housing Authority which has a four year term set by Florida Statute.
He stated there has been no criticisms or comments regarding these terms.
There being no further business, Mayor Schmidt declared the meeting adjourned
at 9:10 p.m.
Acting City Clerk
ATTEST:
MAYOR
The undersigned is the Acting 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
1, which minutes were formally approved and adopted by the City Commission on
7, ,,q oo / .
Acting 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.
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07/24/01
.July 18, 2001
VICTOR AND IRENE MONTALBAN
4697 CANAL DRIVE
LAKE WORTH, FL 33463
Mr. David Schmidt
Honorable Mayor
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Fl 33444
Dear Mayor Schmidt:
I am requesting that you consider the proposed day care site on 245 South Swinton
Avenue. I own this property and do not feel that this will negatively impact this area. If
anything it will help the negativity of the "SOUTH" Swinton area. As is evident the once
quiet residential area of North Swinton has now been turned into a VERY desireable area
because of its businesses and historic homes. I feel that The Sundy House location on
South Swinton has started to improve the property values on the south side and by
allowing other businesses to come to the south side will only positively impact the area. It
is my understanding that the CRA is planning to make SW 1 st Avenue (behind the Sundy
House) into a Bahamian village with pavers along the street. The historic houses that are
part of the Sundy House are to be converted into antique shops, gift shops, etc. If this
happens as planned there will be more traffic, more tourists, people, etc. in this area. The
growth of South Swinton Avenue will be inevitable. The residents that are protesting this
site are not even the homes that border up to this property. I would understand fi`these
bordering residents were protesting this, but they are not as is evidenced by the signed
petition in favor of this site.
My home is zoned RM (Residential Medium Density). This allows me, or ifI sell the
home, the new owner or myself to just simply obtain a permit from the City to turn the
property into "An Abused Spouse Residence with twelve or fewer residents", turn the
property into "Group Homes, Level I or H", and other uses just to mention two. By
turning the home into "Grammy's Place" the home will not lose its residential look or
appeal. The fencing that I need to replace(it was rotted and falling down)will enclose the
home. In accordance with the Planning and Zoning requirements more landscaping and
trees will also be added to enhance its appeal. The Planning and Zoning requested that the
pick up and drop offpoints be on S.E.3rd not Swinton Avenue. The Planning and Zoning
Dept. also requested that these pick up/drop ofttimes be limited, only ocurring between
the hours of 6:00 a.m. - 11:00 p.m. ifa child's parent's work schedule causes them the
need to pick up or drop offon the off.hours they will have to allow the children to stay
until 6:00 a.m., etc. or will have to find another day care to accomodate their need. The
woman are willing to comply with these times and will not risk having their "license"
pulled by not adhering to these times. Some of the surrounding neighbors are concerned
that these times will not be adhered to and that there is no monitoring system to ensure
this. The Police Department tries to give citations to ~ery dtizen who has either a traffic
violation, criminal violation, etc. Code Enforcement tries to give citations to all that do not
comply with city codes. It is impossible for these departments to monitor every single
activity and ongoing violation at all times. At least these woman have a vested interest.
They have already invested quite a lot of monies into all the dty paperwork that is
required for approval, as well as with architects, etc. and have leased the property for 3
months empty, trying to adhere to all the Planning and Zoning requirements. They have
been working very closely with Planning and Zoning and to deny this site now would be a
travisty. I know everyone already recognizes that there is a need is for a 24 hour day care.
The woman have even canvassed the City Police and City Fire Department employees'
need with overwhelming results. By having City employees who also have this need
would indeed be a community asset.
I feel this will not negatively impact redevelopment in the area. Currently Osceola Park is
the focus for redevelopment which is just east of this property. I know as a parent it is
important for me to live close to the day care that my child will be attending. A parent
does not want to drive 5 miles in one direction to drop offtheir child in day care, and then
drive 5 miles in another direction to commute to work. By choosing this site it might even
encourage day care users to move into the Osceola Park area.
As you know I bought this house to rehab the home. My husband and I have bought other
homes in the City of Delray and have ONLY POSITIVELY impacted the areas. The first
home we rehabbed was a rental house and cottage on N.E. 12th Street located in Dd Ida
Park which was rampent with drugs, crime, and undesirables at that time. We purchased
this three years ago with City violations on it and termite infested. We had to attend a
Code Enforcement Board Hearing because the property was being liened and they agreed
not to lien the property since we were purchasing it. At~er rehabbing that property we
were chosen as ~House of the Month" by the Seacrest Homeowner's Association. Our
home was even featured as a surprise to us on the slide show at the yearly meeting that
was held by the City at Old School Square. The second home we purchased was a
foreclosed duplex on that block which was in poor condition. The CRA requested that we
work with them to sell the "duplex" so that they could start implementing a program they
had in place to convert duplexes into single family homes. We sold the "duplex" to an
architect l~om San Francisco, California who converted into a beautiful s'mgle family
home. It is my understanding that the house is under contract, and she will be closing the
sale soon. The asking price for this home was $175,000. We spoke with the owner of the
rented duplex next door to our home at that time and found out that she would be
interested in selling it. We referred this home to the CRA and they bought it. I have a
friend who is a Manager of a local bank and she was interested in rehabbing. I referred her
to the CRA and she purchased this duplex and converted it imo a beautiful single family
home and it is for sale for $175,000.
My husband and I HELPED to make that area what it is today. I have spoken to a Real
Estate appraiser who informed me that "by having businesses on or off the North
Swinton Avenue side has only positively impacted the surrounding areas. The property
values have only risen to a remarkedly high level. By putting a day care on that site will
only positively impact SOUTH Swinton Avenue and help it take offlike the other side."
As a City Commissioner I would hope that you will see the positive impact and benefit
that this day care center will have on "South" Swinton Avenue. Others will probably
follow suit. As one neighbor stated "I would welcome a day center, this area is beginning
to have quite a few halfway houses and group homes. I would not want South Swinton to
have a reputation of being a halfway house neighborhood, then property values will really
go down."
We hope that you will vote for this site to become "Grammy's Place".
Thank you for your time.
Sincerely,
AUGUST 7~ 2001
A Regular Meeting of the City Commission of the City of Delray Beach, Florida
was called to order by Mayor David Schmidt in the Commission Chambers at City Hall at 6:00
p.m., Tuesday, August 7, 2001.
1_. Roll call showed:
Present -
Commissioner Patricia Archer
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Commissioner Jeff Perlman
Mayor David Schmidt
Absent - None
Also present were -
Robert A. Barcinski, Assistant City Manager
City Manager David T. Harden (arrived 7:00 p.m.)
City Attorney Susan A. Ruby
City Clerk Barbara Garim
J
Reverend Richard Evans with Abbey Delray South delivered the opening prayer.
The Pledge of Allegiance to the flag of the United States of America was given.
AGENDA APPROVAL.
Mr. Levinson requested that Item 8.C., Contract Renewal/Software House
International be moved to the Regular Agenda as Item 9.A.
Mayor Schmidt noted that the Commission received a letter from the SPRAB
Board regarding the Board appointments made at the last meeting and asked if the Commission
would like to make a motion for reconsideration of this item. There being none, Mayor Schmidt
asked that there be a motion to approve the Agenda as amended.
Mrs. Archer moved to approve the Agenda as amended, seconded by Mr.
Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer -
Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with
a 5 to 0 vote.
APPROVAL OF MINUTES:
Mrs. Archer moved to approve the Minutes of the Regular Meeting of July 24,
2001, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman -
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08/07/01
Yes. Said motion passed with a 5 to 0 vote.
PROCLAMATIONS:
OF NOTE:
6.a.
Literacy Awareness Month - September 2001
6.Co
Make A Difference Day - October 27~ 2001
PRESENTATIONS:
7.A. Presentation by Perry DonFrancisco - Delray Citizens for Delray Police 15th
Annual Scholarship Awards presented to - Sean Flynn~ Daniel FIynn~ Alyson Lunsford,
Charles Jeroloman~ Dawn Licata~ and Scott Bradley
Perry DonFrancisco, President of Delray Citizens for Delray Police, thanked the
Commission, Mayor Schmidt, and staff for allowing him to present the 15th Annual Scholarship
Award to the children of Delray Beach Police Officers.
At this point, Mr. DonFrancisco introduced Dr. Andre Fladell, co-founder of the
Delray Citizens for Delray Police. Dr. Fladell stated around 1980-81 a group of people and he
started an organization called "Broken Star". This was formed in memory of an officer at the
Palm Beach County Sheriff's Office who was shot while on duty. Dr. Fladell stated they raise
money for the purpose of supporting the families of Sheriff's Deputies. Approximately three
years later, Dr. Fladell and Mr. DonFrancisco met and discussed how they could have a similar
program for the municipalities, particular Delray Beach. Mr. DonFrancisco presented six
scholarship awards to the following recipients:
Scott Bradley
Daniel Flynn
· Sean Flynn
· Charles Jeroloman
Dawn Licata
Alyson Lunsford
For the benefit of the public, Mr. DonFrancisco stated the Delray Beach Citizens
for Delray Police has given out a total amount of $3,000 in scholarships; $500 per individual.
CONSENT AGENDA: City Manager Recommends Approval.
8.A°
AUTHORIZATION TO PROCEED/BEACH RENOURISHMENT
PROJECT (COASTAL PLANNING & ENGINEERING, INC.): Approve the authorization
to proceed with the final design and construction phases of the 4th Beach Renourishment Project,
at a cost not to exceed $270,240. The entire cost will be reimbursed from Federal, State and
County appropriations.
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08/07/01
8.B. FINAL PLAT APPROVAL/BERMUDA GARDENS PLAT NO. 1: Approve
the subdivision plat for Bermuda Gardens Plat No. 1, a proposed two (2) lot residential
subdivision on the south side of Bermuda Gardens Road.
THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS
ITEM 9.A.
8.D. REJECTION OF BID/POLICE UNIFORMS:. Approve the rejection of all bids
received for Bid #2001-20 and authorize staff to re-bid this contract for the purchase of uniforms
for the Police Department.
8.E.
RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTIONS: Ratify the various actions approved by
the South Central Regional Wastewater Treatment and Disposal Board at the Quarterly Annual
Meeting of July 19, 2001.
.F.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period July 23,
2001 through August 3, 2001.
8.G.
AWARD OF BIDS AND CONTRACTS:
Purchase award to Don Reid Ford, Inc., in the mount of $246,150.00 for
ten (10) 2001 Crown Victoria Police Patrol Vehicles via the Pembroke
Pines Contract #PSPW00-05. Funding is available from 501-0000-248-
21.00 (Reserve for Capital Purchases)
Mr. Perlman 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 Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion
passed with a 5 to 0 vote.
9,_I.
REGULAR AGENDA:
9.Ao
CONTRACT RENEWAL/SOFTWARE HOUSE INTERNATIONAL:
Approve the contract renewal with Software House International for the Microsoft Enterprise
Software License in the total amount of $584,200. Funding is available for the first year from
334-6112-519-66.10 (Repair & Replacement Software) for $74,625 and 442-5178-536-
66.10(Water/Sewer Repair & Replacement Software) for $74,625.
Mr. Levinson asked for clarification whether or not this is based on 500
workstations? In response, Joseph Safford, Finance Director, stated each Police officer has a
laptop computer in their vehicle, and in addition to that there are 250-300 units within the City
and another 200 units within the Police Department.
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08/07/01
Secondly, Mr. Levinson asked if there are altemate ways that the City can obtain
the license without paying the current fee? In response, Mr. Safford stated this enterprise plan is
designed to be the most cost-effective alternative. Mr. Safford explained that the City has
centralized management of our PC's in the City. For example, the City has a centralized
management server located in the MIS Department and we deploy the software to those
individual PC's fi.om that central point. Therefore, Mr. Safford stated the City uses one standard
product, which is Microsoft. In addition, Mr. Safford stated he feels this is a very reasonable
cost efficient item.
Mr. Levinson asked Mr. Safford if other cities are also using the Microsoft
Enterprise Software Agreement? In response, Mr. Safford stated if some of the other cities have
the same amount of equipment that the City of Delray Beach is using, then they are using the
Enterprise Agreement.
Mr. Perlman asked Mr. Safford if Microsoft is the only company in town that can
accommodate the City? In response, Mr. Safford stated that because of the integration of all the
systems, they are all inter-related and they impact each other. Mr. Safford noted that Microsoft
is the only reliable company in town for people that have emergency services and high-end
office services.
Mr. Levinson inquired how will this affect Microsoft Office XP? In response, Mr.
Safford stated the City has a choice and can either install Microsoft Office 2000 or Microsoft
Office XP. Mr. Safford stated by paying for the Enterprise License Agreement, this would
include any upgrades the City is eligible for and it would also insure the City against any type of
charges of not having proper licenses.
Mr. Levinson moved to approve the contract renewal with Sot~are House
International for the Microsoft Enterprise Software License in the total amount of $584,200,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy -
Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said
motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 6, Proclamations.
6~
PROCLAMATIONS:
6.A. Recounizing and commending Tommie L. Osborn for his exemplary
representation of the City of Delray Beach and it's Fire-Rescue Department in the
FireFi~,hter's Olvmoics
Mayor Schmidt read and presented a proclamation to Tommie L. Osbom.
Kerry Koen, Fire Chief, stated that Tommie is not only a leader when it comes to
athletic competitions but is also a leader in the Fire Department. Chief Koen stated that most
recently in the area of recruitment and selection process, Tommie sat on the interview panel and
made sure that the City was looking at the right qualities for people when they were being
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considered for employment positions. Chief Koen stated on a day-to-day basis, Tommie sets a
tone for the department and its members by his conditioning and commitment to personal health
and excellence and is very proud of him.
Tommie L. Osborn came forward to accept the proclamation and stated it has
been a pleasure to represent Delray Beach and will continue to as long as he can.
9.B. LICENSE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH~
BUCKY DENT BASEBALL SCHOOL AND SUNSHINE CHARTER SCHOOL~ INC.:
Consider approval of the License Agreement between the City of Delray Beach, Bucky Dent
Baseball School, Inc., and the Sunshine Charter School, Inc. for the temporary use of the
baseball school's facilities for the Cultural Arts Institute of Boca Raton Charter School from
August 13, 2001 through November 1, 2001.
Robert A. Barcinski, Assistant City Manager, stated this request originated with
the baseball school. This is an opportunity to allow Sunshine Charter School to utilize the use of
the baseball school facilities on a temporary basis. The Bucky Dent Baseball School, Inc. license
with the City requires City Commission approval for any sublease. This request is through
November 1 st. However, Mr. Barcinski stated the license is written through December 2001.
Mrs. Archer moved to approve the License Agreement between the City of Delray Beach, the
Bucky Dent Baseball School, Inc. and the Sunshine Charter School, Inc., seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr.
Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion
passed with a 5 to 0 vote.
9.C. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL
ACTION PLAN {FY 2001-2002): Consider approval of the Community Development Block
Grant (CDBG) Annual Action Plan required by the Housing & Urban Development (HUD)
Department of the United States for utilization of grant funds.
Lula Butler, Director of Community Improvement, stated this item is before the
Commission to consider the adoption approval of the Community Development Block Grant
(CDBG) Annual Action Plan required prior to staff submitting the document to Housing &
Urban Development (HUD) which is due by August 15, 2001. Ms. Butler stated staff advertised
to hold a public input meeting at Pompey Park during the month of June and the meeting was
sparsely attended. Ms. Butler stated that normally the public input meetings generate between
30-50 people. At the meeting held on June 28, 2001, only four people attended the meeting but
Ms. Butler stated this could mean that people are satisfied with the direction in which staff is
going.
Ms. Butler stated last year staff listened to citizen input and they asked that the
City get a little more involved in economic development activities. Ms. Butler stated this is
represented in the proposed budget this year as it relates to the YATC Program, Facade Programs
for West Atlantic Avenue, and the County Resource Center where the City proposed to send
businesses to help develop business plans. Ms. Butler stated one customer was sent through the
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08/07/01
process this year and staff is pleased with the service. With regard to other parts of the grants,
Ms. Butler reported that staff is administering $1.5 million this year from various sources. Ms.
Butler explained this requirement for the public meeting is related to the Community Block
Grant (CDBG) dollars which is $651,000 for this fiscal year. The City is funding traditional
activities of health and rehab along with sub-recipients that the City has had long-term
partnerships with and who are still performing well.
Discussion by the Commission ensued.
Ms. McCarthy commented that in reviewing the introduction in some areas she
saw that the City was targeted to subsidize very low, low, and moderate-income families and
households. In other areas, Ms. McCarthy stated low and moderate were listed but "very low"
was omitted especially at the end of the line where it reads "provision for subsidized child care
services". She suggested that staff make a change to add the additional wording "very low".
With regard to the Palm Beach County Resource Center, Mayor Schmidt asked
how does this center differ from the TED Center? In response, Ms. Butler stated the TED Center
does provide a level of services for developing business plans and the Palm Beach County
Resource Center is structured to develop a plan plus take them through to get their business
loans.
With regard to the public housing element of the plan, Mr. Perlman stated he feels
the plan is great and very comprehensive. Mr. Perlman asked what is being done for people who
are in subsidized housing to transition themselves out to self-sufficiency and home ownership?
In response, Ms. Butler explained their Family Self-Sufficiency Program is designed around this
concept. She stated as their income increases those dollars are placed into an escrow account
and they accumulated where they go through education courses and their rent is fixed so they do
not pay the excess difference. Ms. Butler stated they do an education component as well as
training them to become homeowners. The basic tenant who goes through the process takes
anywhere between 3-5 years to get them ready for home ownership.
Ms. McCarthy moved to approve the Community Development Block Grant
(CDBG) Annual Action Plan required by HUD to address the needs identified by the target area
residents with the suggested change to add the additional wording "very low", seconded by Mr.
Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer -
Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with
a 5 to 0 vote.
9oi)o
CONTRACT AWARDS/GOLF COURSES SOFTWARE & HARDWARE:
Consider approval of computer software and hardware upgrades for both golf courses in the
amount of $56,076.00. Award of $22,525 to Computer Golf Software, $30,351 for hardware
purchases under State Contract, and $3,200 for independent contract for installation. Funding is
available from 445-4761-572-64.11 (Computer Equipment).
Robert A. Barcinski, Assistant City Manager, stated staff has been working with
the golf course looking to upgrade their software and hardware system to integrate with the
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City's system. The package includes point of service software for both courses, hardware for
both courses which includes bar coding equipment and Intemet conversion equipment,
installation and training costs, and annual support costs.
The most critical element of the recommendation is the point of sale software and
hardware. The current system is ten years old and the company who developed it has gone out
of business. It is critical that this system be installed and running by October 1, 2001.
Joe Safford, Finance Director, stated the only change he would like to add in
tonight's presentation is staff is still investigating direct access of the golf course. Mr. Safford
stated a company came in and did a wireless survey to see if we could connect the golf course to
City Hall through wireless. In addition, Mr. Safford stated staff looked into Digital Subscriber
Lines (DSL) which is basically the Telephone Company. Mr. Safford stated the wireless has to
be site to site unless a tower is being built. He further explained that a wireless option is cost
prohibited and to connect Lakeview and the Municipal Golf Course would cost between
$40,000-$50,000 because each of them would need to have a tower. With regard to the DSL line
from Bell South, Mr. Safford stated these lines mn sporadic throughout the City. For example,
Lakeview does not have DSL compatibility yet but the main golf course does. Fire Station #3 &
#4 does not have DSL compatibility yet but Fire Station tt5 does. Mr. Safford stated staff is
recommending connecting the main golf course by DSL line adding approximately $5,000 as is a
one-time cost in addition to the $56,076. Therefore, Mr. Safford stated the total cost of the
package would be $61,076 including the direct access line. Mr. Barcinski stated this would be
the maximum amount because staff is still reviewing the tee time system. Mr. Safford stated
staff is asking for pricing of a complete package quoted to the City by the software companies.
However, Mr. Safford stated tee time may not be implemented at this time. Mr. Safford stated
this may or may not resolve the customer-waiting problem that currently exists when calling in
for a tee time, therefore staff needs to further analyze the problem by conducting surveys.
Amanda Solomon, Telecommunications Systems Manager, stated with regard to
the tee time system, staff would like to make sure that all the customers get the same equal
service. Ms. Solomon stated City staff spoke with Okeehelee Golf Course and City of Boca
Raton Golf Course who currently use this system. In addition, they also use an Automated
Attendant System which gives those customers the option to either go to the voice response
system or to a person sitting at a desk that can give them the same opportunity. Ms. Solomon
stated staff is looking to add the Automated Attendant System.
Mayor Schmidt inquired about the cost for the Automatic Attendant System. Ms.
Solomon stated the estimated cost for the automatic attendant system is $12,000 and the money
is available fi'om the current fiscal year.
Mr. Safford emphasized that this money is coming out of the current fiscal year
Project Reserve Account of the Golf Course. Mr. Safford explained it is imperative that the
point of sale software be installed and running by October 1, 2001. Secondly, there have been
some severe lightning hits at the golf course and the City has had to put in LIPS systems to
protect the hardware from destruction. Mr. Safford stated this money is available in the current
year budget which also includes training for the employees.
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08/07/01
Mrs. Archer moved to approve the computer software and hardware upgrades for
both golf courses in the amount of $61,076 as amended to include the Digital Subscriber Lines
(DSL), seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer
- Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Peflman - Yes.
Said motion passed with a 5 to 0 vote.
9.E. LICENSE AGREEMENT/FLORIDA TELEPORT INC.: Consider approval
of a License Agreement with Florida Teleport Inc. (FTI) in order to accommodate the landing of
undersea cable and use of City infrastructure for placement of cable. The term of the agreement
is for fifty (50) years with five renewal periods of twenty (20) years each.
It was the consensus of the Commission to postpone this item to the August 14th
Workshop Agenda as a special item.
9.F. RESOLUTION NO. 48-01: Consider approval of Resolution No. 48-01
supporting the Elder Ready Community Program in Delray Beach.
The City Manager presented Resolution No. 48-01:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, SUPPORTING THE ELDER
READY COMMUNITY PROGRAM.
(The official copy of Resolution No. 48-01 is on file in the City Clerk's office.)
Mr. Perlman moved to approve Resolution No. 48-01 supporting the Elder Ready
Community Program in Delray Beach, seconded by Mr. Levinson. Upon roll call the
Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt -
Yes; Mr. Perlman - Yes; Mrs. Archer- Yes. Said motion passed with a 5 to 0 vote.
9.G. CONTRACT AWARD TO REPUBLIC CONSTRUCTION &
DEVELOPMENT CORPORATIONfMERRITT PARK RESTROOM FACILITY:
Consider approval of a contract award to second lowest bidder, Republic Construction in the
amount of $76,977.00 for the Merritt Park Restroom Facility. Funding is available from 118-
1965-554-63.40 ($29,890.00) Community Improvement/Recreation Improvements, and from
334-611-572-62.10 ($47,110.00), General Construction/Buildings.
Joe Weldon, Director of Parks and Recreation, stated this is a request to replace
the restrooms at Merritt Park. The apparent low bidder, Newport Building Inc., did not submit a
bid bond. Therefore, staff is recommending the bid to the second low bidder Republic
Construction and Development Corporation in the amount of $76,977.00.
Dick Hasko, Director of Environmental Services, stated normally this would be a
Consent Agenda item but since the low bidder was technically non-responsive, staff is
recommending that the bid award go to the second lowest bidder. Mr. Hasko explained that
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there was an irregularity in the bid with the absence of the bid bond and the City has done
successful projects in the past with the second lowest bidder.
Ms. McCarthy inquired about the bid bond process. Mr. Hasko stated the City's
standard documentation requires a bid bond to be a part of the submittal package at the submittal
deadline when bids are open.
Mr. Levinson also commented about the bid bond process and suggested that staff
look at changing the specifications for bid bonds. He stated typically you do not provide the bid
bond at the time of bid, but provide the bid bond if you are successful within a reasonable time
period. Mr. Levinson stated there is no sense for someone submitting a bid to spend the money
for a bid bond unless they are the successful bidder.
Mr. Hasko stated staff is essentially following the City's standard documentation
in purchasing procedures. However, Mr. Hasko stated staff could review those procedures as
they relate to that context.
Mr. Perlman moved to approve the bid award to Republic Construction &
Development Corporation (second lowest bidder) for the Merritt Park Restroom Facility in the
amount of $76,977.00, seconded by Mrs. Archer. Upon roll call the Commission voted as
follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes;
Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote.
9.H. CONTRACT AWARD TO RPM GENERAL CONTRACTORS~ INC./ESD
& PD INTERIOR MODIFICATIONS: Consider approval of a contract award to second
lowest bidder, RPM Contractors, Inc. in the amount of $54,841.00 for the ESD and PD Interior
Modifications. Funding is available from 441-5123-536-34.90 ($30,015.00), W&S/Other
Contractual Services, 0015-2115-521-46.10 ($13,982.00), Police/Building Maintenance, and
115-2111-521-49.90 ($10,844.00) Police Reserves.
Dick Hasko, Director of Environmental Services, stated this is a similar situation
as the previous contract award.
Ms. McCarthy asked why would a company go through the trouble of gathering
together a bid and then does not give a bid bond? In response, Mr. Hasko stated it could be an
oversight on the contractor's part.
Mr. Hasko stated that for the last ten years he has been with the City this has been
a requirement in the bidding process for every project. Ms. McCarthy stated there are many
people who have not been doing business with the City for many years and feels someone should
have asked them why they went through all the trouble of submitting a bid but did not include
the bid bond.
With regard to the smaller contracts, Mayor Schmidt asked if the City holds a pre-
bid conference for the potential bidders? In response, Mr. Hasko stated the City typically does
this for the larger contracts for example the bond projects. Mr. Hasko stated he does not know
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for certain whether this process was done for this bid award and he would have to review the
advertisement.
Mr. Levinson stated he feels pre-bid conferences are very valuable.
Mr. Perlman commented with this particular bid there were additional problems
other than the bid bond. Mr. Perlman stated there were proposal pages that were also not
completed and asked Mr. Hasko if the staff has had any experience with New Hope
Construction? In response, Mr. Hasko stated to his knowledge the City has no experience with
New Hope Construction. Mr. Hasko stated staff has worked with RPM General Contractor, Inc.
in the past and has a good relationship with them.
Mr. Perlman moved to approve the bid award to RPM General Contractor, Inc. for
the Environmental Services and Police Department's interior modifications in the amount of
$54,841.00 (second lowest bidder) seconded by Mr. Levinson. Upon roll call the Commission
voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson -
Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote.
9oi.
FLORIDA LEAGUE OF CITIES ANNUAL CONFERENCE/PROPOSED
AMENDMENTS TO LEAGUE'S BY-LAWS: Designate a voting delegate to cast votes on
behalf of Delray Beach at the special business session of the Florida League of Cities Annual
Conference to consider proposed By-laws changes.
The Florida League of Cities will hold a special business session on Friday,
August 24, 2001 at 7:30 a.m. The sole purpose of this meeting is to consider proposed By-laws.
Mayor Schmidt stated he received the proposed amendments to the Florida
League of Cities By-laws and noted that there are some changes being made with regard to how
the Board will be made up and also changes with regard to nominations.
Mrs. Archer moved to appoint Mayor Schmidt as a voting delegate to cast votes
on behalf of Delray Beach at the special business session of the Florida League of Cities Annual
Conference to consider proposed By-laws changes, seconded by Ms. McCarthy. Upon roll call
the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes;
Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote.
9.J. APPOINTMENTS TO PLANNING & ZONING BOARD: Appoint three (3)
regular members to the Planning and Zoning Board with two-year terms ending August 31, 2003.
Appointments will be made by Commissioner Levinson (Seat #3), Commissioner McCarthy
(Seat #4) and Mayor Schmidt (Seat #5).
Mr. Levinson moved to appoint Joseph Pike as a regular member to the Planning
and Zoning Board for a two-year term ending August 31, 2003, seconded by Mr. Levinson.
Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0
vote.
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Ms. McCarthy moved to appoint Thuy Shutt as a regular member to the Planning
and Zoning Board for a two-year term ending August 31, 2003, seconded by Mr. Perlman. Upon
roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer- Yes. Said motion passed with a 5 to 0 vote.
Mayor Schmidt moved to reappoint Elaine Morris (incumbent) as a regular
member to the Planning and Zoning Board for a two-year term ending August 31, 2003,
seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy -
Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said
motion passed with a 5 to 0 vote.
FIRST READINGS:
NONE.
At this point, the time being 7:00 p.m., the Commission moved to the duly
advertised Public Heatings portion of the agenda.
PUBLIC HEARINGS:
10.A. ORDINANCE NO. 41-01 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending Land Development Regulations Appendix "A" and
Section 4.3.3 adding a definition and special regulations regarding 24-hour or late night
businesses and listing 24-hour or late night businesses as a conditional use in certain non-
residential zoning districts. Prior to consideration of passage of this ordinance on Second and
FINAL Reading, a second public hearing has been scheduled to be held at this time.
The City Manager presented Ordinance No. 41-0 I'
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING APPENDIX "A", "DEFINITIONS",
TO PROVIDE FOR A DEFINITION OF 24-HOUR OR LATE
NIGHT BUSINESSES; AMENDING SECTION 4.3.3, "SPECIAL
REQUIREMENTS FOR SPECIFIC USES" BY ENACTING
SUBSECTION 4.3.3(VV), "24-HOUR OR LATE NIGHT
BUSINESSES", TO PROVIDE THAT 24-HOUR OR LATE
NIGHT BUSINESSES LOCATED WITHIN 300 FEET OF A
RESIDENTIALLY ZONED DISTRICT SHALL BE A
CONDITIONAL USE AND SHALL COMPLY WITH
SPECIFIED CONDITIONS, AND PROVIDING THAT
EXISTING 24-HOUR OR LATE NIGHT BUSINESSES SHALL
BE EXEMPT FROM COMPLIANCE WITH THE PROVISIONS
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08/07/01
REGARDING 24-HOUR OR LATE NIGHT BUSINESSES; BY
AMENDING SECTION 4.4.9 "GENERAL COMMERCIAL (GC)
DISTRICT" TO PROVIDE THAT 24-HOUR OR LATE NIGHT
BUSINESSES ARE A CONDITIONAL USE; BY AMENDING
SECTION 4.4.11 "NEIGHBORHOOD COMMERCIAL (NC)
DISTRICT" TO PROVIDE THAT 24-HOUR OR LATE NIGHT
BUSINESSES ARE A CONDITIONAL USE; BY AMENDING
SECTION 4.4.12 "PLANNED COMMERCIAL (PC) DISTRICT"
TO PROVIDE THAT 24-HOUR OR LATE NIGHT
BUSINESSES ARE A CONDITIONAL USE; BY AMENDING
SECTION 4.4.13 "CENTRAL BUSINESS (CBD) DISTRICT" TO
PROVIDE THAT 24-HOUR OR LATE NIGHT BUSINESSES
ARE A CONDITIONAL USE; BY AMENDING SECTION
4.4.14, "RESORT/TOURISM (RT) DISTRICT" TO PROVIDE
THAT 24-HOUR OR LATE NIGHT BUSINESSES ARE A
CONDITIONAL USE; BY AMENDING SECTION 4.4.15
"PLANNED OFFICE CENTER (POC) DISTRICT" TO
PROVIDE THAT 24-HOUR OR LATE NIGHT BUSINESSES
ARE A CONDITIONAL USE; BY AMENDING SECTION
4.4.24 "OLD SCHOOL SQUARE HISTORIC ARTS (OSSHAD)
DISTRICT" TO PROVIDE THAT 24-HOUR OR LATE NIGHT
BUSINESSES ARE A CONDITIONAL USE; BY AMENDING
SECTION 4.4.28 "CENTRAL BUSINESS-RAILROAD
CORRIDOR (CBD-RC)" TO PROVIDE THAT 24-HOUR OR
LATE NIGHT BUSINESSES ARE A CONDITIONAL USE;
PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 41-01 is on file in the City Clerk's office.)
The City Attomey read the caption of the ordinance. A public heating was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Mayor Schmidt declared the public heating open.
Henry Williams~ 310 N.W. 3rd Avenue~ expressed concern regarding the bid
bond process and feels the Commission needs to review the process in greater detail. He feels
smaller contractors do better work than some of the larger contractors.
At this point, Mayor Schmidt informed Mr. Williams that this ordinance does not
relate to the issue he is commenting on.
Mr. Williams stated he lives approximately 1500 feet from the noise being
generated from a particular business. He stated he can hear loud music being played when he is
trying to sleep and does not understand how a particular business owner received permission to
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08/07/01
have noise reaching over 2,000 feet. He stated if the City is going to allow noise to extend to
more than 300 feet going west, then it should be the same going east. Mr. Williams stated that
the Commission needs to be careful when reviewing the amount of feet.
Diane Domineuez~ CRA Director~ stated this ordinance went through a lot of
compromise with various City staff and Board members. There was a sub-committee that was
dealing with crime activity and some nuisances. Ms. Dominguez stated the committee tried to
do the best they could to make the ordinance workable and address the main problems. Ms.
Dominguez pointed out that the City already has a noise ordinance, which addresses noise. In
some cases where a variance has been granted as with the property Mr. Williams is referring to,
there are certain limitations. Ms. Dominguez stated the committee tried to come up with
something that addressed the major problems and would allow staff to impose other conditions if
need be. She encouraged the Commission to support this ordinance.
There being no one else who wished to address the Commission regarding this
issue, the public hearing was closed.
Mr. Perlman commented that he feels this is a very strong ordinance and stated it
gives the Commission the discretion to look at things on an individual basis.
Mr. Perlman moved to adopt Ordinance No. 41-01 on Second and FINAL
Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor
Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer- Yes; Mr. Levinson- Yes; Ms. McCarthy -
Yes. Said motion passed with a 5 to 0 vote.
Prior to the roll call, the following discussion ensued.
Mrs. Archer stated she agrees with Mr. Williams and feels in some cases 300 feet
may not be enough depending upon the type of business that is involved. However, Mrs. Archer
stated that because this is a conditional use approval and the Commission has the option of
adding other restrictions, she feels it is extremely important for the Commission to keep this in
mind for any conditional use approvals for a 24-hour business.
Mr. Levinson commented about the City's noise ordinance.
With regard to West Atlantic Avenue, Mrs. Archer stated there is so much more
residential so very close to the Atlantic Avenue Business District that she feels the Commission
needs to be sensitive to this.
10.B. ORDINANCE NO. 40-01 {SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending Land Development Regulations Section 4.4.1 l(B)(3) to
provide for business and professional offices as a permitted use in the NC (Neighborhood
Commercial) zoning district, amending Section 4.4.11 (C)(2) to provide for refuse and service
areas and by amending Section 4.4.11(H) to prohibit outdoor storage. Prior to consideration of
passage of this ordinance on Second and FINAL Reading, a second public hearing has been
scheduled to be held at this time.
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08/07/01
The City Manager presented Ordinance No. 40-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING CHAPTER FOUR, "ZONING
REGULATIONS", SUBSECTION 4.4.11, "NEIGHBORHOOD
COMMERCIAL (NC) DISTRICT", PARAGRAPH 4.4.11(B),
"PRINCIPAL USES AND STRUCTURES PERMITTED", TO
PROVIDE FOR BUSINESS AND PROFESSIONAL OFFICES;
BY AMENDING PARAGRAPH 4.4.11(C) TO PROVIDE FOR
REFUSE AND SERVICE AREAS; AND BY AMENDING
PARAGRAPH 4.4.11(H), "SPECIAL REGULATIONS", TO
PROHIBIT OUTDOOR STORAGE; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 40-01 is on file in the City Clerk's office.)
The City Attomey read the caption of the ordinance. A public heating was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Paul Dorling, Planning Director, stated the last time this item was considered by
the Commission a question was brought up regarding the equipment rental facility in the
Neighborhood Commercial (NC) District. Mr. Doffing stated passage of this ordinance would
make that a non-conforming use. However, Mr. Dorling stated this is a privately initiated
petition and the petitioner has requested that the Commission approve. Mr. Dorling stated staff
recommends approval to come back and modify the ordinance to allow equipment rental and
display as a conditional use. There are some similar situations in the Neighborhood Commercial
(NC) District with respect to the display of playground equipment and lawn furniture, which
accommodates the "Hitching Post", located on West Atlantic Avenue. Staff is proposing to treat
that similarly and add that as a conditional use but go forward with the amendment as it stands.
Mayor Schmidt declared the public hearing open.
Tony Keller~ Caribbean Blue Pools and Kellerco Construction~ Inc.,
introduced himself and stated hc is available for any questions the Commission may have.
There being no one else from the public who wished to address the Commission
regarding this issue, the public heating was closed.
Mrs. Archer moved to adopt Ordinance No. 40-01 on Second and FINAL
Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr.
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Perlman - Yes; Mrs. Archer - Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes.
Said motion passed with a 5 to 0 vote.
10.C. ORDINANCE NO. 42-01: An ordinance rezoning from R-1-A (Single Family
Residential) to CF (Community Facilities) a parcel of land located on the west side of NW 4th
Avenue, approximately 150 feet south ofNW 1st Street to accommodate an off-street parking lot
associated with the Atlantic Grove Redevelopment project. Prior to consideration of passage of
this ordinance on Second and FINAL Reading, a second public hearing has been scheduled to be
held at this time. Quasi-Judicial Hearing
The City Manager presented Ordinance No. 42-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, REZONING AND PLACING
LAND PRESENTLY ZONED R-1-A (SINGLE FAMILY
RESIDENTIAL) DISTRICT TO CF (COMMUNITY
FACILITIES) DISTRICT; SAID LAND BEING A PARCEL OF
LAND LOCATED ON THE WEST SIDE OF N.W. 4TM
AVENUE, APPROXIMATELY 360' NORTH OF WEST
ATLANTIC AVENUE, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, 2000"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 42-01 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex
parte contacts were noted.
The City Attorney stated all involved parties would conduct this item as a quasi-
judicial hearing, which allows for presentations, the admission of documents into the record and
public testimony.
At this point, the City Attorney asked that if anyone would like to speak regarding
the rezoning or the conditional use they would need to be sworn in by the City Clerk.
Barbara Garito, City Clerk, swore in those individuals who wished to give
testimony on this item.
Paul Dorling, Planning Director, entered into the record the Planning and Zoning
Department project file #2001-187, #2001-188, and #2001-206.
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Mr. Doffing explained that this rezoning involves a parcel of 0.23 acres, which
currently contains a boarded-up single family home. The property is currently under contract for
sale to Atlantic Grove Partners who will be developing the development for the CRA along
Atlantic Avenue. The proposal is to construct a 24-space parking lot to be used by guests of
residents and customers of businesses within the new development.
Mr. Doffing stated in order to use the parcel for parking, the zoning change from
the R-1-A (Single-Family Residential) designation must be accomplished. In addition, a
privately owned parking lot is allowed in the CF (Community Facilities) zoning district as a
conditional use, which is being processed concurrently with this request for rezoning.
The Planning and Zoning Board held a public hearing on this item on July 16,
2001. No one from the public spoke other than the CRA Director who supported this project.
After discussion, the Planning and Zoning Board recommended approval of both requests by a
vote of 7-0.
Diane Dominuuez~ CRA Director~ stated this is part of the Atlantic Grove
application and the property is under contract for the CRA to sell it to Atlantic Grove Partners
for redevelopment. There is an existing house located on the property, which has historic
significance. Ms. Dominguez stated it has not been decided about what will happen with this
house. Several contractors have looked at the house who have stated that the home is in very
poor condition and would need to be moved to accommodate this development. Ms. Dominguez
stated the CRA has asked Mt. Olive Church to see if they had any interest in the house and they
do not. Ms. Dominguez stated the property is basically needed for parking for the Atlantic
Grove Development.
Henry Williams~ 310 N.W. 3rd Avenue~ expressed concern over development and
inquired as to why there is so much rezoning.
Ms. Dominguez explained that the CRA worked with Mt. Olive Baptist Church
and tried to come up with the right group of properties to use for this redevelopment project. Ms.
Dominguez stated there are still discussions going on with Mt. Olive Baptist Church and it is a
possibility that they may end up with this piece. This parcel is zoned R-1-A (Single Family
Residential) and is surrounded by CF (Community Facilities) zoning. Ms. Dominguez stated
church facilities to the east is zoned GC (General Commercial) and feels it does not make sense
to have one lot sitting there surrounded by other development zoned for single family. Ms.
Dominguez stated unless Mt. Olive were really able to use this house in conjunction with the
church, it really does not make sense to have a house there to be surrounded by all the other uses.
Ms. Dominguez feels the way things have changed in that area makes the zoning appropriate.
Ms. Dominguez stated the CRA has not decided whether or not the house will be moved and
they recognize that the house has historic significance. In terms of this lot, Ms. Dominguez
reiterated that it makes sense that it either be used in conjunction with the Atlantic Grove
Redevelopment Project or that it be used in conjunction with Mt. Olive Church and emphasized
that the real need is to provide parking.
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Mr. Williams stated it bothers him to see the City tearing down all structures west
of Swinton Avenue and while heading down Swinton Avenue the City instead chose to rebuild
structures. He feels there will not be anything gained by the CRA putting a parking lot on this
lot. Mr. Williams stated that no matter what race someone is they have a history and he does not
feel the house should be torn down.
There being no one else who, having been duly sworn, wished to address the
Commission on the rezoning or the conditional use, the public hearing was closed.
Mr. Levinson moved to adopt Ordinance No. 42-01 on Second and FINAL
Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman -
Yes. Said motion passed with a 5 to 0 vote.
Prior to the roll call, the following discussion ensued.
Mr. Perlman stated there is call for redevelopment and a call for investment and
the City needs to do certain things in order to facilitate that from happening. Mr. Perlman stated
it is unfortunate that there is a house on the lot that has a degree of history that goes along with it.
Mr. Perlman stated that he would like to see the house saved but at the same time recognizes
sometimes these things cannot be saved because it is cost prohibited. With regard to public
funds, Mr. Perlman stated it becomes a responsibility to spend those fimds wisely. Mr. Perlman
stated this is something that has to be balanced and does not think anyone would feel good if this
house ended up under the bulldozer. Mr. Perlman suggested that the City look at the West
Settlers District because there are a significant number of buildings that are in danger or in
danger of being lost. Mr. Perlman stated as a community and in concert with the CRA, Mr.
Perlman suggested that the City look at this district and do something now as preventative
medicine because this house was allowed to get to this point and rot. Mr. Perlman stated it is
difficult to justify an enormous amount of money to improve the conditions of the house.
Ms. McCarthy asked if Mr. Williams was ever made aware of the fact that this
house could have been purchased for a nominal fee if someone was willing to relocate it? In
response, Ms. Dominguez stated those houses are available for flee. In the past, Ms. Dominguez
stated whatever it would cost to demolish the house, that money would be applied towards the
move. Regardless of the rezoning, Ms. McCarthy asked if someone were to take on the
obligation of moving this house to another lot, that they could and would need to contact the
CRA? In response, Ms. Dominguez stated this would be allowed.
Secondly, Ms. McCarthy stated in going to an association meeting of the NW
Associations a concern was brought to her attention. Ms. McCarthy stated there are some people
who own homes in the first block north and south of Atlantic Avenue and these people informed
her they are being discouraged from using the City's rehabilitative dollars. Ms. McCarthy stated
she hopes the City is not putting homeowners' in positions where a roof could be replaced at a
very low interest loan that could be forgiven if they stay there over a ten-year duration. Ms.
McCarthy stated she does not want to see the City participate in something like this that would
cause people to end up loosing value in their homes where they have acquired ownership. At
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some point, Ms. McCarthy stated she would like an answer from the people who monitor the
dollars for the City's special programs to help people maintain their pride in homeownership.
Ms. Butler stated the City has always dealt with emergencies and re-roofs to
insure that a person's house is maintained and that it does not deteriorate any further. Ms. Butler
explained that if someone lives within that first 300 feet and their home is in one of the blocks
the CRA is working on, the City would not put $25,000 into your home. However, Ms. Butler
stated if someone's house is substantially deteriorating and the homeowner needs help, there
have been situations where the City has taken care of this.
Ms. McCarthy asked Ms. Butler why someone would be told "no" because the are
within the first 300 feet? In response, Ms. Butler stated staff would never say "no" but instead
would say, "we will address your urgent needs". For example, if someone has a leaky roof and
the roof needs to be repaired, the City will repair the leaky roof. Ms. McCarthy asked if it is not
considered an urgent need and other people from the second block out would be eligible for these
programs, are we saying then that the people who live within the first 300 feet would not be
eligible? In response, Ms. Butler stated staff has not done substantial rehabilitation to the first
300 feet but have addressed any emergency needs they have had. Ms. McCarthy stated it would
appear to people who are being impacted by this decision that they cannot get lawn improvement
monies because that is not an emergency and lawn improvement monies is something that helps
with curve appeal which impacts their ability to sell their homes at certain dollar values. Ms.
Butler stated this is not correct and staff will do "boot strap" all day long even if it is not an
emergency. Ms. McCarthy asked what things are these people not eligible for? In response, Ms.
Butler stated this is what is referred to as "substantial rehabilitation" which is the full-scale rehab
jobs where the entire house is brought up to code costing between $18,000-$25,000. Ms.
McCarthy asked what the City's reason is for doing this? In response, Ms. Butler stated that
when the West Atlantic Avenue Redevelopment Plan was first adopted, the policy decision was
made that the City would invest the grant dollars into that first 300 feet when there was a likely
chance that the properties would be acquired. Ms. Butler explained that there have been
incidences where that policy has been ignored because in her mind if a person has a need she will
take care of it. Ms. Butler stated if her staff was asked this direct question they may have given
that answer but if an application comes in the Community Improvement Department will take
care of it. Ms. McCarthy stated she wanted to have this cleared up because some citizens have
made calls to staff who have informed them that if they live within that first 300 feet that they
really should not waste their time on putting in the application. Ms. Butler stated they can put
the applications in and stated she can show the Commission two or three that staff has done
substantial work on within the same time period.
Discussion by the Commission and staff followed.
The City Manager stated he feels this is a real policy issue because these
properties are not zoned residential and are in an area that is not particularly desirable to live in
as residential use. The City Manager questioned whether or not it is appropriate to perpetuate
this use and commented that this may not be a wise investment of public dollars.
Mr. Levinson stated he happened to go by this house and feels it is in very poor
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condition. Mr. Levinson shares some of the same concems as Commissioner Perlman in that
some identification process in that neighborhood would preempt some of the homes with history
from deteriorating to the point beyond repair as what happened with this home.
Mrs. Archer suggested that the City document the house by taking photographs of
the existing house, take measurements and do a floor plan so that at some future point it might be
replicated if it was chosen to do so. In the meantime, Mrs. Archer stated its floor plan and
photos of the existing house could be displayed at the Spady Museum or somewhere else.
Ms. Dominguez stated there is identification of the structures in the West Settlers
District when the district was first adopted. Ms. Dominguez suggested that staff update this
information and get current ownership information and when allowed access get into the houses
and try to do some minimal assessment of their conditions. Ms. Dominguez stated preventive
measures would go a lot further with less money than trying to save something that has just been
allowed to deteriorate.
After some discussion, Ms. Dominguez stated she would like to hold another
meeting with the original group of people that met the first time and discuss some ideas and
explore some other alternatives. Ms. Dominguez stated the group includes people from EPOCH,
people from Histor/c Preservation, Mayor Schmidt, Mr. Perlman, CRA staff, and members of the
Northwest District.
CONDITIONAL USE REQUEST: Consider a request to allow the
establishment of an off-street private parking lot located on the west side of
NW 4th Avenue, approximately 150 feet south of NW 1st Street, associated
with the Atlantic Grove Redevelopment project. Quasi-Judicial Hearing
Mr. Perlman moved to approve the Conditional Use request to allow the
establishment of an off-street private parking lot located on the west side of NW 4th Avenue,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson -
Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said
motion passed with a 5 to vote.
]O.D. ORDINANCE NO. 43-01: An ordinance amending the Land Development
Regulations Section 4.6.9(E)(3)(b) to include a map which delineates the in-lieu of parking fee
areas and corresponding fee amounts. Prior to consideration of passage of this ordinance on
Second and FINAL Reading, a second public hearing has been scheduled to be held at this time.
The City Manager presented Ordinance No. 43-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING CHAPTER FOUR, "ZONING
REGULATIONS", SUBSECTION 4.6.9, "OFF-STREET
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PARKING REGULATIONS", SUB-SUBSECTION
4.6.9(E)(3)(b), "LOCATION OF PARKING SPACES", TO
INCLUDE A MAP WHICH DELINEATES THE IN-LIEU
PARKING FEE AREAS AND CORRESPONDING FEE
AMOUNTS; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 43-01 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Mayor Schmidt declared the public hearing open. There being no one who
wished to address the Commission regarding this issue, the public hearing was closed.
Mr. Perlman moved to adopt Ordinance No. 43-01 on Second and FINAL
Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson -
Yes. Said motion passed with a 5 to 0 vote.
!0.E. ORDINANCE NO. 44-01: An ordinance amending Chapter 33, Police and Fire
Departments Pension, Section 33.66 and Section 33.66(E)(2)(b) of the City Code of Ordinances
which modifies the Police and Fire Pension Plan to conform with the Division of Retirement's
concerns and meet the requirement of F.S. 112.661(5)(I>). Prior to consideration of passage of
this ordinance on Second and FINAL Reading, a second public heating has been scheduled to be
held at this time.
The City Manager presented Ordinance No. 44-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33,
"POLICE AND FIRE DEPARTMENTS", SUBHEADING
"PENSIONS", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, BY AMENDING
SECTION 33.66, "FINANCES AND FUND MANAGEMENT,"
SECTION 33.66(E)(2)(b), TO MODIFY THE TIME PERIOD
FOR REBALANCING PENSION FUND ASSETS; PROVIDING
A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 44-01 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
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Mayor Schmidt declared the public hearing open. There being no one who
wished to address the Commission regarding this issue, the public hearing was closed.
At this point, Mr. Levinson left the dais.
Mr. Perlman asked for clarification as to whether the Police and Fire Pension
Board considered this. The City Attorney stated the Police and Fire Pension Board considered
this item and noted that this amendment was required by the State.
Mr. Perlman moved to adopt Ordinance No. 44-01 on Second and FINAL
Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor
Schmidt - Yes; Mr. Peflman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes. Said motion
passed with a 4 to 0 vote.
10.F. RESOLUTION NO. 47-01: A resolution authorizing the Community
Redevelopment Agency (CRA) to issue its Promissory Note, Series 2001, in the principal
amount of not exceeding $1,000,000.00.
The City Manager presented Resolution No. 47-01:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY
OF DELRAY BEACH TO ISSUE ITS PROMISSORY NOTE,
SERIES 2001, IN THE PRINCIPAL AMOUNT OF NOT
EXCEEDING $1,000,000; AND PROVIDING AN EFFECTIVE
DATE.
(The official copy of Resolution No. 47-01 is on file in the City Clerk's office.)
The City Attorney read the caption of the resolution. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
The City Attorney stated this Resolution was approved previously. However, the
City Attorney stated Bond Counsel for the CRA has requested that it be put in Resolution form.
At this point, Mr. Levinson returned to the dais.
Mr. Perlman stated this is tied to the LIBOR Rate and asked if this is the best
option? In response, Mr. Levinson commented that whenever he had the opportunity to take
advantage of the LIBOR Rate he always did and suggested that the City take advantage of the
LIBOR Rate.
Mayor Schmidt declared the public hearing open. There being no who wished to
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address the Commission regarding Resolution No. 47-01, the public hearing was closed.
Mrs. Archer moved to adopt Resolution No. 47-01 on Second and FINAL
Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr.
Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt -
Yes. Said motion passed with a 5 to 0 vote.
11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC-IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
ll.A.
City Manager's response to prior public comments and inquiries.
In regard to a previous comment expressed by Mr. Martinez regarding the
installation of a street light at 506 Southridge Road, the City Manager stated that the City has
asked FPL to determine the feasibility of the cost of installing the light. The City Manager stated
although it usually takes several months, the process has been started.
ll.B.
From the Public.
ll.B.I. J.ean Beer~ 2145 S.W. 26th Terrace, stated she would like to know the number of
properties in the City that are property tax exempt and the approximate area they would
encompass if put altogether. Ms. Beer stated when the CRA was originally organized it was for
a maximum of 20 years which means that the CRA would be abolished in the year 2005. Ms.
Beer stated the City has bonds going to year 2019 and she has no problem with short-term notes.
However, Ms. Beer stated she feels the Commission needs to start thinking in terms of does the
City want a CRA that is self-perpetuating forever and suggested that the Commission have a
sunset date for the CRA. Ms. Beer feels there will come a day when the rest of the City will
need the tax base to pay for the ever-increasing operating expenses of the City. Ms. Beer stated
Chris Brown, former Director of the CRA stated the CRA cannot be collapsed until 2019. Ms.
Beer stated whether or not there is a CRA, those Bonds are ultimately the City's problem.
Furthermore, Ms. Beer stated she would like to see the redevelopment of West Atlantic Avenue
completed and completed well. She suggested that the Commission really think about a sunset
date for the CRA and stated she does not want to see the CRA go on forever.
ll.B.2. Jim Smith~ 1225 S. Ocean Boulevard~ stated at the July l0th Commission
meeting he spoke regarding the graffiti that appears on the sidewalk on Ocean Boulevard. He
stated since then some of the graffiti has been removed. However, some of the graffiti, which
reads "Chaney is gay", and other graffiti remarks referring to homosexuals remains at parking
meter space B24 and B25. Mr. Smith asked that the Commission declare the sidewalks along
Ocean Boulevard and Atlantic Avenue as "graffiti free zones". In other words, Mr. Smith stated
this way all graffiti will be spotted and reported the same day that it appears, and that it will be
cleaned up the next day.
Secondly, with regard to the Seagate Beach Club valet parking problem, Mr.
Smith stated the valet parking service of the Seagate Beach Club located along the east shoulder
along A-1-A continues to jeopardize public safety every time a car is valet parked or returned
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when the valets make illegal left turns over the double yellow center lines on the "S" shaped
curve. Mr. Smith suggested that the City send the Police Chief to the hotel explaining the
situation and inform them that the Police Department will begin issuing traffic violations. Mr.
Smith stated he understands that Scott from the Planning Department will be looking into the
parking situation at the Seagate Beach Club in the next few weeks. However, in the mean time,
Mr. Smith urged the Commission to not listen to the excuse from the Seagate Beach Club that
they do not have enough parking. Mr. Smith stated the Seagate Beach Club has a large parking
lot in the back of their property that is rarely used for valet parking because it is inconvenient for
the valets. Also, there is vacant land off the perimeter roads on either side of the property that
can easily be converted into additional parking. Mr. Smith stated the only parking that should be
allowed on the east shoulder of A-1-A should be for delivery trucks to do their unloading. Mr.
Smith stated the Seagate Beach Club needs to relocate their valet parking service to the other
side of A-1-A before someone gets hurt.
Thirdly, with regard to common sense laws, Mr. Smith stated it makes no sense to
deny poor families access to our public beach while giving select middle class or rich families
free access. Mr. Smith stated while jogging along Ocean Boulevard south of Atlantic he sees
new or late model Lincoln Town cars, Mercedes, and BMW's parked in six or seven non-
metered parking spaces for the handicap and feels just because someone is handicapped does not
mean they are entitled to free parking. He suggested that the City issue parking decals to poor
families so that if they do not have the quarters to put in the meter that they are at least able to
take their families to the beach.
Lastly, with regard to the tax law, Mr. Smith asked that the City conduct a survey
of taxes collected, the millage rate, and services provided by other Florida cities of comparable
size so that the Commission and the citizens of Delray can determine whether or not the City has
the proper tax millage, the total taxes collected, and the services. In conclusion, Mr. Smith stated
he looks forward to action regarding these requests.
ll.B.3. Alice Finst~ 707 Place Tavant~ expressed concern regarding the process for
appointment of persons who are being asked to serve or complete someone else's term.
Recently, there was an appointment to the SPRAB Board of a person to fill a term and when that
term was completed apparently no one checked with her to see if she wanted to be selected for
reappointment. In addition, no one checked with the Chairman of the Board to see what kind of
a job she was doing, and no one checked with Loretta Heussi, Staff Assistant II/Planning, to see
about the attendance. Ms. Finst stated she feels that she was an extraordinary contribution to the
Board being a City planner in her own right she brought things to the Board such as detail, laws,
information and common sense which completed that Board. Ms. Finst stated her name was not
presented and asked what the process is if someone has served well on a Board and feels they
should at least have the oppommity to continue in that position. Ms. Finst urged the
Commission to put this person's name onto another Board because she did an extraordinary job.
Secondly, Ms. Finst expressed concern regarding the condition of the monument
located on N.W. 5th Avenue. Ms. Finst stated while she and Spencer Pompey served on the
Historic Preservation Board they both worked very hard to make sure the park would be kept in
good condition. She stated the park is currently in derelict condition. Furthermore, Ms. Finst
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stated the sprinklers are not in good shape, the plants are in disrepair if non-existent, and the
condition of the grounds leaves a lot to be desired. Ms. Finst stated that if this is going to be a
City park then it should be kept in the same condition that other City parks are kept. In addition,
Ms. Finst asked the Commission to take a look at N.W. 5th Avenue in itself because
approximately seven trees have been cut down and overall stated the street is in poor shape.
Thirdly, Ms. Finst stated the Homeowners' League of Chatelaine would like to
thank the City for holding the Neighborhood Orientation and Organization Program at Old
School Square. Ms. Finst stated in preparation for their neighborhood improvement plan they
would do a number of things learned from the program. One is to get a neighborhood directory
of 201 homes so that they could get demographics and other statistics. Ms. Finst stated at this
point, Chatelaine currently has a neighborhood directory of 201 homes, names, addresses, and
telephone numbers. Ms. Finst complimented staff for their hard work and particularly thanked
Barbara Schooler, Utilities Customer Service Manager/UTB, Norma Smith, Executive
Assistant/Code Enforcement, and Margaret Halupka, Staff Assistant II/Code Enforcement.
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager.
The City Manager stated he is glad to be back from vacation. He was in Phoenix,
Arizona where temperatures reached 107 degrees and commented that it was extremely hot.
13.B. City, Attorney.
The City Attorney had no comments or inquiries on non-agenda items.
13.C.
CiW, Commission.
13.C.1.
Commissioner Archer
Mrs. Archer commented about airports and the flight paths of airplanes. Mrs.
Archer stated she received some information from a resident who is very concerned and has
taken the time to investigate the flight paths and identify those in which most of the violations
occur over the City of Delray. Mrs. Archer stated this resident has indeed sighted aircraft and
have kept records over which aircraft are making the violations and has come up with the
understanding that most of them happen at night when it is impossible to read the number on the
airplane. Mrs. Archer stated nothing would be done unless the specific airplane is identified. All
of the information of the volumes and the altitude is left up to the pilot's initiative because he is
in control of the safety of the aircraft. However, Mrs. Archer stated this resident and she
witnessed the same plane flying less than 300 feet above her house. Mrs. Archer stated it was
approximately 9:30 p.m. and apparently the individuals flying the plane were sight seeing. Mrs.
Archer stated for the record that there are repeated violations particularly in those two flight
paths and will pass the information to the City Manager. Mrs. Archer asked if the City could
make an additional statement because she feels it is impossible to document this because there
are numerous violations.
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08/07/01
With regard to Board appointments, Mrs. Archer feels it is important that the
Commission keep in mind the careers of the individuals who are being appointed whether they
are new or old, and emphasized that all seats need to be filled.
13.C.2.
Commissioner Perlman
Mr. Perlman welcomed back the City Manager and commented that he has been
to Phoenix, Arizona in August and the temperature was approximately 110 degrees.
Mr. Perlman stated while out walking with his children they ran into Mr. William
Fay, Principal of Banyan Creek Elementary School and they are hoping to re-stripe their parking
lot because the parking lot is very dirty. Mr. Perlman stated the district does not own a sweeper
because they contract out. Mr. Fay asked Mr. Perlman if there was any possibility that the City
sweep the parking lot so that the school may re-stripe the lot. The City Manager stated although
the City does not have a sweeper he would try and find a way to help him out.
13.C.3.
Commissioner McCarthy
Ms. McCarthy reminded everyone that the Roots Cultural Festival Parade is going
to be held on Friday. In addition, Ms. McCarthy announced that Summer Nights on the Avenue
has been rescheduled fi.om last Friday to Friday, August 10th because of the rain.
13.C.4.
Commissioner Levinson
Mr. Levinson commented about the airport issue and stated, as he understands it
the Part 150 Study is out. He stated apparently there is a sample letter that people are being
asked to send. Mr. Levinson stated he has received numerous calls fi.om various organizations
regarding airplane noise. He requested a copy of this letter so that if someone calls him
regarding the airplane noise, he would like to be able to give them this letter.
Mr. Levinson stated he ran into David Schmidt from Boca Raton Educational
Television, and asked that someone from the City follow through with the Commission's
consensus that we try and see if the City can negotiations an agreement with them particularly
because it came out so high both the MacArthur Grant and the Visions 2010 in terms of
communications and systems to communicate with the residents.
Thirdly, Mr. Levinson requested that if it is appropriate, he would like to have a
"Shade" meeting to hear about the Fire Department contract negotiations. The City Manager
stated there was a meeting planned but Jim Tabeek was on vacation. The City Manager stated
Mr. Tabeek wanted to work some more on the initial proposals but imagines this is all cleared up
now.
With regard to the Board appointments, Mr. Levinson stated he is hearing it from
both sides. For example, Mr. Levinson stated he is hearing from people who were upset that
certain people were not reappointed but at the same time some people feel there needs to be new
-25-
08/07/01
people appointed to the boards. Mr. Levinson encouraged the Commission to Workshop this
issue in an effort to look for a method to help resolve some of the issues regarding the Board
appointments.
Lastly, Mr. Levinson stated he has made tentative reservations for Bergamo's for
Friday evening at 8:00 p.m. and asked that everyone let him know whether or not they can
attend.
There being no further business, Mayor Schmidt declared the meeting adjourned
at 8:05 p.m.
City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the minutes of the Regular City Commission Meeting held on August 7, 2001,
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.
-26-
08/07/01
WHEREAS, Tommie L. Osbom was hired as a FireFighter by the City of Delray Beach in
January, 1994; and
WHEREAS, since his hiring, Tommie has regularly participated in the FireFzghter Olympics
and the Police and FireFighter Games held throughout Florida, other states, as well as other
countries; and
WHEREAS, Tommie is a highly competitive runner and participates m events such as 50,
100, 200, and 400 meter races, various relays for these &stances, as well as the long jump in the field
events category; and
WHEREAS, as a representative of Delray Beach Fire-Rescue Department, Tomrme won 5
trophies, 20 gold, 7 silver and 5 bronze medals, for an amazing total of 32 medals smce he began
this level of competition; and
WHEREAS, in 2001 at various FireFighter Olympics, Tommie Osborn won 5 gold medals
at the State Games and one bronze medal at the World Police and Fire Games competiuon in
Inchanapolis, Indiana for track events.
NOW, THEREFORE, I, David W. Schmidt, Mayor of the City of Delray Beach,
Florida, on behalf of the City Commission, do hereby recognize and commend
TOMMIE L. OSBORN
for his exemplary representation of the City of Delray Beach and it's Fire-Rescue Department and
congratulate him on his numerous superior achievements.
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 7® day of August, 2001.
DAVID W. SCHMIDT
MAYOR
WHEREAS, an estimated 90 million adults do no have the literacy skills required to
fully participate in society; and
WHEREAS, adult illiteracy costs society an estimated $225 billion a year in lost
industrial productivity, unrealized tax revenues, welfare, crime, poverty, and related social ills;
and
WHEREAS, literacy is a crucial step in preparing adults for the workforce; and
, WHEREAS, in Palm Beach County as many as 22% of adults function at the lowest
level of literacy; and
WHEREAS, almost 38% of children in the fourth grade do not test at grade level in
reading; and
WHEREAS, the Palm Beach County Literacy Coalition serves to promote the learning
of basic reading, writing, English and mathematics' skills and to engage in programs to further
literacy within our county; and
WHEREAS, elementary school children and staff all over Palm Beach County will be
celebrating International Literacy Day on September 7, 2001, wearing READ WITH ME
stickers; and
WHEREAS, many business will be competing in the Coalition's "Great Grown-Up
Spelling Bee" on September 22, 2001, to raise awareness; and
WHEREAS, the Literacy Coalition is asking each individual in Palm Beach County to
"Celebrate Reading" in September by initiating or renewing the reading habit; and
WHEREAS, as part of the America Reads Challenge, The Literacy Coalition is asking
each parent in Palm Beach County to read with their child 20 minutes a day.
NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach,
Florida, on behalf of the City Commission do hereby proclaim September, 2001 as
LITERACY AWARENESS MONTH
in Delray Beach, Florida, and urge all citizens interested in acquiring services or information
regarding literacy to contact the Palm Beach County Literacy Coalition.
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 7th of August, 2001.
DAVID W. SCHMIDT
MAYOR
WHEREAS, serious social problems concern out nauon and threaten its future; and
~gI-IEREAS, connecting with others and working together through volunteer service can
bridge the differences that separate people and help solve serious social problems; and
WHEREAS, we, the &mexican people, have a trachtion of philanthxopy and volunteerism;
and
~-IEREAS, last October 28~, more than 22 million self-sacrificing indlvlduals touched
and enhanced the lives of malhons on Make A Difference Day, the largest day of community service;
and .
WHEREAS, USA WEEKEND and its affiliate newspapeva, and The Points of Ltght
Foundation and ~ts affilmte Volunteer Centers, have joined to promote an annual nanonal day of
doing good that celebnates and strengthens the spire of volunteer ser~ce; and
WHEREAS, voluntee~ service is an investment m the future we all must share.
NOW, THEREFORE, I, David W. $¢hmltlt~ Mayor of the City of Delray Beach,
Florida, on behalf of the City Comm,~sion, do hereby proclaim October 27, 2001 as
MAKE A DIFFERENCE DAY
in Ddtay Beach, Honda, and urge all citizens to obse~e this day by connecting with friends, fellow
employees and relatives, and with rehgious, school and civac groups to engage in projects benefiting
theil: community.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of
the Caty of Deltay Beach, Florida, to be affixed this August 7, 2001.
DAVID W. $CI--IMIDT
MAYOR
TO:
FROM:
SUBJECT:
DAV,~D T. HARIDEN./f::ITY MANAGER
P ORLI TOR OF PLANNING AND ZONING
MEETING OF AUGUST 77 2001 ** CONSENT AGENDA**
AUTHORIZATION TO PROCEED - ENGINEERING SERVICES FOR
THE FINAL DESIGN AND CONSTRUCTION PHASES OF THE 4TM
BEACH RENOURISHMENT PROJECT,
This proposal is for engineering services for the final design and construction phases of
the 4th Periodic Beach Renourishment project. The attached scope of work includes the
following tasks; final engineering, bid and negotiation services, on-site construction
supervision and monitoring, project related environmental monitoring, and pre and post
construction surveying. These tasks are explained in detail in the attached
correspondence from Coastal Planning and Engineering. The proposed fee for each
task is listed below:
· Final Design Phase:
· Bidding and Negotiation:
· Construction Phase (onsite supervision and monitoring):
· Pre Construction Environmental monitoring:
· Beach Renourishment Construction Phase Surveys,
Plan Revisions, and Fill Volume Analysis
$66,000
$16,500
$49,500
$45,710
$92,530
$270,240
Funds for this item are available in the Beach Restoration Fund. The entire cost will be
reimbursed from Federal, State and County appropriations.
By motion, approve authorization for Coastal Planning & Engineering, Inc. to proceed
with the pre-construction and construction phases of the Beach Renourishment Project,
at a cost not to exceed $207,240 (as detailed in the attached correspondence from
Coastal Planning & Engineering, Inc).
Attachment: Letter from CPE
S:\adv\beach\Geo5
COASTAL PLANNING & ENGINEERING, INC.
COASTAL & OCEAN ENGINEERING
COASTAL SURVEYS
BIOLOGICAL STUDIES
GEOTECHNICAL SERVICES
2481 N W. BOCA RATON BOULEVARD, BOCA RATON, FL 33431
4819.04
(561) 391-8102 Fax: (561) 391-9116
Intemet: http://www.cpeflodda, corn
E-mail. mail@cpe.dynip.com
May 18, 2001
Paul Dorling, A1CP
Director of Planning and Zoning
City of Delray Beach
100 Northwest 1 Avenue
Delray Beach, FL 33444
Re:
Delray Beach 4th Periodic Beach Nourishment Project;
Proposal for Continuing Services
Dear Mr. Dorling:
This is a proposal for continuation of engineering services for the final design and construction
th
phases of the 4 periodic beach renourishment project.
This is the scope of services for the £mal 'engineering phase, pre-construction environmental
monitoring and project-related surveying services that Coastal Planning & Engineering, Inc.
(CPE) proposes to provide to the City of Delray Beach for the Fourth Periodic Beach
Renourishment Project.
The basic and additional services provided by this proposal include the pre-construction and
construction phases of the project. Pre-construction services include the final engineering
project phase, preparation of construction plans and specifications, project bidding and
contractor selection, and pre-construction environmental monitoring required by State and
Federal project approvals. Construction phase services also include beach survey
monumentation reconnaissance and flagging, pre-construction pay profit c surveys, monitoring of
contractor post-construction (payment) surveys and services required to meet permit
requirements, project coordination and construction observation. Environmental monitoring
requirements will not be known until the permits for the project have been issued by the State
and Federal governments. The proposed environmental services provide for pre-construction
monitoring, which has always been a permit requirement for the previous projects. The
construction and post-construction phase monitoring will be addressed once permit conditions
are -known. A set of detailed cost estimate spreadsheets, which delineated labor, equipment and
direct costs associated with each activity, have been included with this Scope of Services.
The following are the proposed services to be provided in accordance with the contract for beach
renom'ishment engineering, surveying and environmental services:
4819.04
May 1B, 2001
Page 2
Final Design Phase (Contract Section 1; Paragraph 1.4): The final design phase
includes refinement of the preliminary design. The beach renourishment design berm,
slope of material, offshore construction toe of fill, equilibrium toe of fill, and total fill
volume will be developed in the final design phase. Offshore borrow areas will be
refined and finalized to provide the best available sand from the borrow areas for
renourishment purposes, and to provide sufficient volume for project construction.
Final plans and specifications for construction of the beach renourishment project will be
prepared, and revised using the pre-construction beach profile survey data for DNR and
intermediate lines. The plans will include plan views and cross-sections of the beach fill.
The plans will also include information related to access to the beach, beach storage
areas, pipeline corridors, and other information required for construction of the beach
renourishment project. Borrow area information and borrow area cross-sections will be
incorporated into the plans. The reef location will be shown and directives provided to
avoid reef impacts. The specifications will incorporate City of Delray Beach
requirements for the bidding process, to be provided to CP£ by the City. The
specifications will provide sections addressing general conditions, technical provisions,
environmental protection and the geotechnical information for the borrow area.
Specifications will also incorporate all permit documents, requiring contractor
compliance with permits through inclusion in the contract and reference. The plans and
specifications will incorporate information concerning beach survey monumentation
required for constructing the beach renourishment project.
Bidding and Negotiation Phase (Contract Section 1, Paragraph 1.5): CPE will assist
the City of Delray Beach in the preparation of the bid documents, and will participate in
the process to bid the project for construction. A list of qualified dredge contractors will
be provided to the City for direct contact concerning notification of the bid solicitation.
We will assist the City in conducting a pre-bid conference with interested contractors to
address questions and issues related to the bid and requirements for project construction.
We will review the bids, evaluate the various bid parameters related to technical issues,
and offer a recommendation to the City concerning selection of the contractor based on
qualifications.
Construction Phase (Contract Section 1, Paragraph 1.6): CPE will provide an on-site
coastal construction observation professional to observe construction activity of the beach
renourishment project. We will be observing to verify that the contractor is constructing
the project in compliance with plans and specifications, and in compliance with permit
requirements. CPE professionals will be available to answer contractor questions, agency
questions, and address other construction-related issues that may arise during the
construction phase of the project. CPE will conduct primarily daylight observations, with
occasional nighttime monitoring of the progress of the project. We will gather daily
progress reports from the dredge contractor and compile water quality monitoring data
collected by the dredge contractor for submittal to the DEP. Representatives from CPE
COASTAL PLANNING & ENGINEERING, INC.
4819.04
May l8,2001
Page 3
De
involved with the project will be available for meetings, as needed, during the
construction of the project.
Project Related Environmental Monitoring (Section 4; part 4.1.1.2): Permits for the
beach renourishment project will require monitoring associated with environmental
protection. Although monitoring requirements are not known at this time, based on the
permit requirements for the previous beach nourishment and renourishment projects in
Delray Beach, this task includes the pre-construction requirement for reef and water
quality monitoring conditions.
Reef monitoring stations will be selected and established at six locations on the reef
located in approximately 55 to 60 feet of water. The comers of each station will be
permanently established by embedding iron re-bar in the reef. Initially each station will
be characterized and the organisms mapped and photographed within each station. A
photomosiac will also be developed for each station to document the pre-construction
condition of each station for comparison to the construction and post-construction
condition. This proposal includes funding for 2 cycles of pre-construction monitoring.
The construction and post-construction reef monitoring requirements will be known when
permits for the project have been received.
Beach Renourishment Construction Phase Surveys:
Pre-Construction Beach Survey and Plans Revision (Section 4; part 4.1.1.1):
Prior to the construction of the beach renourishment project, the project area will
be surveyed by CPE surveyors. Both standard State profile lines (R-lines) and
intermediate construction lines will be surveyed for inclusion in the updated
construction plans. Before the survey occurs, CPE's surveyors will locate all
beach monuments, flag monuments for easy relocation, and replace lost beach
monuments so the dredge contractor will be able to easily access the control
needed to lay out the project. After the CPE pre-construction survey has been
conducted, the survey information will be processed and utilized to update the
plans to provide the pre-construction beach condition. A hydrographic surveyor
familiar with monumentation and beach conditions on the City beach will
supervise the surveys. Survey information will be digitized and rechecked for
accuracy. The information will then be used to update and finalize the plans for
project construction. The project fill volume will be adjusted to meet the pre-
project conditions. The pre-construction condition survey information will also
be used to determine pay volumes after construction phase surveys by comparison
of pre-and post-construction surveys.
e
Post-Construction Beach Condition Survey: A post-construction survey of the
completed beach nourishment project will be conducted for two purposes. The
survey will provide verification of dredge contractor surveys conducted to
document fill placement. The survey will also serve to establish the immediate
COASTAL PLANNING & ENGINEERING, INC.
4819.04
May 18, 2001
Page 4
post-construction beach condition as a baseline for comparison to future beach
performance monitoring surveys. The overall survey will include dry beach and
hydrographic surveys, and aerial photography, of the newly renourished beach.
Sand samples will be collected and analyzed to document the immediate post-
construction sediment regime of the beach.
The fee to provide the pre-construction and construction services contained in this proposal, are
as follows:
A. Final Design Phase: $ 66,000
B. Bidding and Negotiation Phase: $ 16,500
C. Construction Phase: $ 49,500
D. Pre-Construction Environmental Monitoring: $ 45,710
E. Beach Renourishment Construction Phase Surveys,
Plans Revision, and Fill Volume Analysis:
$ 92,530
Total $270,240
If you should have any questions, please call me.
Sincerely,
.GO-ASTAL PLANNING & ENGINEERING, INC.
Richard H. Spadoni ~
Senior Vice President
I:word/palmbch/delray/scopeofsvcs 134.doc
cc:
Craig J. Kruempel, CPE
Susan Beumel, CPE
Earl Soeder, CPE
jeffAndrews, CPE
Jennifer Davis, CPE
COASTAL PLANNING & ENGINEERING, INC.
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MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
~~ MANAGER
AGENDA ITEM # ~'~ - REGULAR MEETING OF AUGUST 7, 2001
FINAL PLAT APPROVAL/BERMUDA GARDENS PLAT NO. 1
AUGUST 3, 2001
Thts is before the Commission to approve the final subdivlsaon plat for Bermuda Gardens. The
project consists of a proposed two (2) lot residential subdivision on the south side of Bermuda
Gardens Road.
All technical and staff comments have been addressed and the plat as ready for approval.
Recommend approval of the final boundary plat for Bermuda Gardens Plat No. 1.
RefiAgrnemol 0.FinalPlatBermudaGardens.08.07.01
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
DATE:
SUBJECT:
David T. Harden, City Manager
Barron E. Caronite, PE, Assistant City Enginee~~/~
July 30, 2001
Bermuda Gardens Plat No. 1 Subdivision Plat
Please find an agenda request for Commission approval of the subdivision plat for
Bermuda Gardens Plat No. 1 attached. I have also enclosed a location map and a
reduced copy of the plat. The project consists of a two lot residential subdivision on the
South side of Bermuda Gardens Road. The Bermuda Gardens residential development
is located on the West side of A-l-A, South of Linton Blvd. If this meets with your
approval, please place it on the August 7, 2001 Commission meeting for Commission
approval.
Encl.
File:
cc:
TAC:
S:/engadmin/tac/Bermuda Gardens Plat No. l/agmemo080701doc
Randall Krejcarek, P E., City Engineer
Dan Marfino, Planning/Zoning
Bermuda Gardens Plat No. 1
~'~ L I N T 0 N B O U L E V A R D
E~~ ~8 ~~~ BERMUDA 6ARDENS
~~A~ ~Y~ ~~ PLAT NO.1
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Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda
AGENDA REQUEST
Date: July 30, 2001
When: Aug. 7, 2001
Description of item (who, what, where, how much):Approval of the
Subdivison Plat of Bermuda Gardens Plat No. 1. Staff comments have been
addressed.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of the Subdivision Plat of
Bermuda Gardens Plat No.
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):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review:
Approved for agenda:~NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
cc:
tac- Bermuda Gardens Plat No. 1
file:s/engadmin/tac/Bermuda Gardens Plat No. 1/ag080701.doc
MEMORANDUM
TO:
FROM:
THROUGH:
DATE:
David T. Harden, City Manager
Jacklyn Rooney, Purchasing Supervisor
Joseph ~q~nance Director
July 31,2001
SUBJECT:
DOCUMENTATION - CITY COMMISSION MEETING
AUGUST 07, 2001 - CONTRACT AWARD
MICROSOFT ENTERPRISE AGREEMENT WITH
SOFTWARE HOUSE INTERNATIONAL
Item Before Commission:
The City Commission is requested to approve a renewal of a four (4) year agreement with
Software House International for the Microsoft Enterprise software license at a total amount of
$584,200.
Background:
The City needs to implement a new software license agreement with Microsoft Enterprises to
standardize the City on the Microsoft products currently installed on desktops to allow access to
the most updated versions of Microsoft. This product is available from Software House
International as a sole source of Microsoft Enterprises.
See attachment dated July 16, 2001, from Software House International for the Microsoft
Enterprises Agreement. The annual payment for year's 1, 2, and 3 is $149,250, and the 4th year
would be $136,450. This price is for the "per desktop" cost of $298.50 for 500 desktops per
year.
The Management Information Systems (MIS) Department recommends the renewal of this
agreement per attached requisition//90229.
Recommendation:
Staff recommends the four (4) year renewal for the Microsoft Enterprises Agreement with
Software House International at a total of $584,200 to be paid in annual payments of $149,250
for years 1, 2 and 3 and $136,450 for the fourth year. Funding from the first year from account
codes 334-6112-519-66.10 for $74,625 and 442-5178-536-66.10 for $74,625.
Attachments:
Requisition//90229
Microsoft Enterprise Agreement
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July 16, 2001
City of Delray Beach
Attention of: Montri Chaisakul
RE: Microsoft Enterprise Agreement
Dear Montri:
Software House International is excited about the opportunity to partner with the City of
Delray Beach on the implementation of the Microsoft Enterprise Agreement. As you
have seen from the analysis, the City of Delray Beach will realize tremendous savings in
comparison to the select level pricing that your volume would normally qualify.
The Enterprise Agreement standard platform is comprised of the following products:
=:> Office Professional
:=> Operating System Upgrades
==:> BackOffice Client Access License
A "per desktop" cost will be applied to the 500 desktops that make up the City of Delray
Beach's Enterprise. An annual cost for those desktops will be locked in for three (3)
years, with an option for a 4th year. Any new desktops added to the Enterprise must be
reported on the anniversary dates for the 2nd, 3rd and possibly the 4th year. The City of
Delray Beach's costs are summarized as follows:
Order Type
1 st Year Annual Payment
2nd Year Annual Payment
3rd Year Annual Payment
Total 3 yr Committment
4th Year Annual Payment
Total 4 yr Committment
Invoice Date ~:~ Qty :~ Customer $ ~Ext~i~dedCOst$ ~1
3/1/01 500 $298.50 $149,250.00
3/1/02 500 $298.50 $149,250.00
3/1/03 500 $298.50 $149,250.00
$447,750.00
3/1/04 500 $298.50 $136,450.00
$584,200.00
New Desktops added in Year 1(298.50x2.5) 3/1/02 TBD
New Desktops added in Year 2 (298.50x2.0) 3/1/03 TBD
New Desktops added in Year 3 (298.50xl.5) 3/1/04 TBD
New Desktops added in Year 4 (298.50xl.5) 3/1/05 TBD
TBD - Customer Reports the # of new Desktops during the year
$746.25
$597.00
$447.75
$447.75
Please feel free to contact me with any questions.
Sincerely,
Michael D. Bench
Account Executive
Licensing: EA Comparison Table on Microsoft Business
Page 1 of 3
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Purchasing_Informatlo~n > Licensing > Assurance
'1 GoJ
Microsoft Enterprise Agreement Program
Comparisons
May 10, 2001
Microsoft® Enterprise Agreement 6.0 and Enterprise Agreement 6.0 Subscription
will be available in October 2001. This table outlines the differences between the
current program, Enterprise Agreement 5.0, and the upcoming Enterprise
Agreement 6.0 and Enterprise Agreement 6.0 Subscription programs.
I/Indicates program changes from 5.0.
Program Comparison
Enterprise Enterprise Enterprise
Agreement 5.0 Agreement 6.0 Agreement 6.0
Subscription
Customer Companies Companies desiring 1/Same as the EA
profile des~nng to to standardize 5.0 and EA 6.0, but
standardize entire entire enterprise on wish to lease rather
enterprise on Mmrosoft technology than own hcenses
Microsoft with centralized for one or more of
technology with purchasing and the Microsoft
centralized maintain an enterprise products.
purchasing and information
maintain an technology
information infrastructure on a
technology standard platform of
infrastructure on a Microsoft products.
standard platform
of Microsoft
products.
Customer 500 Desktops I/250 Desktops I/250 Desktops
commitment
Products · Microsoft Office · Microsoft Office · Microsoft Office
included Professional Professional Professional
· Microsoft · M~crosoft · Microsoft
W~ndows® Windows® Windows®
Professional Professional desktop Professional desktop
desktop upgrade upgrade upgrade
· Microsoft · Core CALl/' · Core CALl/'
BackOffice® CAL
Licensing Licenses and 1/L&SA for three I/L&SA for three
offering and product upgrades years with perpetual years with product
pricing for three years product usage rights usage rights ending
with perpetual at term expwation, at term expiration.
product usage Renewal price for Annual price is a
nghts at term previously enrolled 15% discount over
expiration, desktops is based EA. Customer may
on SA only. exercise the buy out
option at the end of
http://www.microsoft.com/BUSINESS/licensing/sa/saea56.asp 7/17/2001
Licensing: EA Comparison Table on Microsoft Business Page 2 of 3
the term to acquire
perpetual product
usage rights.
Agreement Three years l/Three years with l/Three years with
term (optional fourth one year or three one year or three
year). /ear renewal year renewal
options, options.
Sales M~crosoft V~ Contractual t/Contractual
channel Authorized Large relationship with ' relaBonship with
Account Resellers M~crosoft, supported r, hcrosoft, supported
(LARs) only. by Enterprise by Enterprise
Software Adwsors. Software Advisors.
Customer Includes all global Includes all global Includes all global
locations locations defined locations defined locations defined
covered under the under the under the
enrollment, enrollment, enrollment.
Product Customer receives Customer receives Customer receives
fulfillment Product Fulfillment ~ Product Fulfillment Product Fulfillment
kits for software kfts for software k~ts for software
media on a media on a regular med~a on a regular
regular basis basis throughout basis throughout the
throughout the the enrollment enrollment sa.
enrollment term. 'term.
Price levels Price levels based l/Price levels I/Price levels based
on the number of based on the on the number of
qualified desktops number of qualified qualified desktops in
~n the enterprise, desktops in the the enterprise.
enterprise.
I
Level PCs ~ Level PCs
Level PCs I
A 500-999I ! A 250-2,399
1,000- ~ A 250-2,399 2,400-
B 4,999 , B i2,400_ B 5,999
i5'999 6,000- [
6,000- I C 14,999
C i 14'999 D 15,000+
D i 15,000+
Additional Pricing based the I/Pricing levels will t/Pricing levels will
product number of be based on the EA be based on the EA
pricing hcenses with each price level per pool. price level per pool.
order. (Level A when an (Level A when an
enterprise product enterprise product
does not exist.) does not exist.)
Pricing levels are Pricing levels are
equivalent to Select equivalent to Select
License. License.
Abbreviations Used:
CAL Client Access License
EA Enterprise Agreement
L License
L&SA License E Software Assurance Package. Includes L & SA
SA Software Assurance
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Business Value of an Enterprise Agreement
Enterprise Agreement offers a fiemble way to standardize your company on the
following enterprise platform of Microsoft® products:
· Hmrosoft Office Professional
· Microsoft BackOffice® Client Access License (CAL)
· Microsoft Windows® Desktop Operating System upgrade
You may order additional products, such as Hicrosoft BackOfflce Server, Microsoft
Exchange Server, Microsoft FrontPage®, and Microsoft Project, depending on your
specific corporate needs.
M~crosoft Enterprise Agreement also g~ves you upgrade rights for enterprise
platform products for the full three years of the agreement. Beginning immediately,
your users can install and use the most current versions of each product. And
again, your admmistrabve overhead is reduced because w~th an Enterprise
Agreement, you never need to report which versions you are using.
You can read more about the Business Value of Microsoft Enterprise Agreement, or
download the white paper on this subject:
~..]The Business Value of a Microsoft Enterprise Agreement ( 169 KB/ < 1 min @
28.8 Kbps )
Impact the Bottom Line
Microsoft Enterprise Agreement creates value by supporting a business in these
fundamental ways:
· Lower Total Cost of Ownership. By standard~zing on the enterprise
platform, your total cost of ownership (TCO) for technology assets ~s reduced
and your workplace productivity increases.
· Access to the Most Recent Versions of the Microsoft Enterprise and
Additional Products. The right to the current version of the products is built
into the price of the products available. Your organization can reduce its overall
costs by 10 percent to 15 percent by ~mplemenbng technology standardization,
In add,ben, the Enterprise Agreement facihtates information sharing and
communication across an organization and prowdes a consistent platform upon
which to build and deploy custom applications.
· Simplified License Tracking. There is no need to track license usage or
software versions during the agreement term, which reduces the overhead
normally associated with ongoing license tracking and administration.
· Reduced Risks of License Noncompliance and Associated Potential
Costs. All desktops are considered in compliance during the term of your
enrollment. This removes not only potential upfront fees based on estimated
growth or fines for not being in compliance, but also the costs associated with
compliance audits, which can start at $20,000.
http://www.rnicrosoft.corrffBUSINESS/licensing/enffentvalue.asp 7/17/2001
Business Value of an Enterprise Agreement on Microsoft Business
Page 2 of 4
FEATURES
Covers platform
products:
· Microsoft Office
Professional
· Microsoft BackOffice
Client Access
L~cense (CAL)
· Microsoft
Windows® Desktop
Operating System
upgrade
Simplified Budgetary Planning. You can estabhsh set software prices for
three to four years, simplifying budgeting and providing predictable software
costs for the term of your enrollment. This takes much of the guesswork out of
a your budgeting process and can save you the cost and t~me associated with
budget approval processes.
Streamlined Ordering Process. The method of making three annual
payments under an Enterprise Agreement significantly reduces or even
ehminates administrative requirements for processing ongoing transactions.
This in turn reduces costs associated w~th generating purchase orders.
hlicrosoft estimates that ~t can cost the average customers between $125 and
$150 to create and process a single purchase order.
Facilitation of a Long-term Relationship with Iqicrosoft. The three-year
duration of the Enterprise Agreement allows your company to plan and
implement technology needs without managing new agreements every year,
Although it can be hard to measure, it takes considerable business and legal
resources to complete agreement negotiations. Under Enterprise Agreement,
you have the option of extending the enrollment term for an extra fourth year
and further reducing negot,ation costs.
BENEFITS
Entire organization has access to the most recent
versions of the Microsoft platform products which:
· Helps reduce overall costs by 10-15 percent by
standardizing on these products across the
enterprise.
· Improves information shanng and
communication across the orgamzation.
· Provides a consistent platform to build and
deploy custom applications.
Microsoft products continue to improve and lower
~our total cost of ownership.
Immediate rights to
the most current
versions of all
components
Fixed~ annual price
per desktop
· S~mplifies hcense tracking--there is no need to
track hcense usage or software versions during
the agreement term, which reduces overhead
associated with ongoing license tracking and
administration.
· You have the flexibility to use either Office or
Office Pro and Windows 2000 Workstation
upgrade.
· You provide best estimate of
desktops/employees so defining the enterprise
is easy.
· Substantially reduces license comphance risk
and potential costs associated with internal
software audits.
· You pay once annually for comprehensive
coverage.
· Simplifies long-term budgeting for 3-4 years
http://www.microsoft.com/BUSINESS/licensing/enffentvalue.asp 7/17/2001
Business Value of an Enterprise Agreement on Microsoft Business Page 3 of 4
through:
· Fixed price for the initial commitment.
· Annual "true up" that provides predictable
per-desktop price for growth.
S~gnificantly reduces or eliminates,
administrative requirements for processing
ongoing transactions, which reduces costs
associated w~th generating purchase orders per
hcense order.
Allows you to focus on software deployment
and use of technology rather than license
administration.
M~crosoft shares risk:
· You are protected from price increases
throughout the agreement term.
· Your enterprise desktop count is based on
their best estimate of existing and new
desktops.
3 year term with :L
year extension option
· Facilitates long-term relationship with Microsoft
allowing you to better plan and implement your
technology needs without managing new
contracts every two years.
· One year extension option allows you the
flexibility to maintain your commitment or
discuss new options.
· Dramatically reduces the need and costs for
ongoing internal purchase justification.
Payment Terms
With Microsoft Enterprise Agreement, you simply tell us the total number of
desktops within your organization, and your annual payment will be based on the
number you indicate plus any additions to your organization, reported once each
year.
Enterprise Services and Support
Whether you choose to obtain your services directly through M~crosoft or through
one of our many Large Account Resellers (LAR), consulting and support services
can help you deploy and begin using your software without delay, allowing you to
focus on your business rather than the technology. Ask your LAR or Microsoft
Account Manager for details on the enterprise services that fit your needs.
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The Business Value of a Microsoft® Enterprise
Agreement
White paper (Published: July 1998)
Executive summary
Today's software licensing environment is more complex than ever, with an
increasing number of choices from a large number of vendors. Because of this
complexity, understanding the different alternatives and how they can help a
business is difficult, but important.
The Microsoft Enterprise Agreement is part of the Microsoft Select Volume
Licensing Program - a comprehensive program designed to help large
organizations acquire software licenses. This white paper explains the benefits
of Microsoft's Enterprise Agreement and how this licensing solution can help
enterprise customers derive greater business value from their use of Information
Technology.
Today, customers that have more than 500 desktops and are able to commit to
covering all desktops for a 3-year period can enroll in a Microsoft Enterprise
Agreement. This agreement offers:
· Rights to the most current versions of the Microsoft enterprise
platform of products, including Microsoft Office Standard Edition or
Office Professional Edition, the Windows® 98 or Windows NT®
Workstation operating system, and a Client Access License (CAL) for
Microsoft BackOffice.®
· The right to deploy all upgrades on the standard products that are
released during the term of the agreement.
· A fixed, annual price per desktop based on volume commitment and
current installed base. Plus, additional PCs can be added at a
predetermined price through the "true-up" mechanism.
· Equal annual payments for a 3-year term, with an option for a 1-year
extension.
· Access to a comprehensive enterprise solution that includes licenses,
service, and support.
The Enterprise Agreement creates value by supporting a business in five
fundamental ways:
· Building a flexible infrastructure to support business flexibility
· Driving standardization throughout the enterprise to reduce the cost of
ownership
· Ensuring compliance to reduce legal risk exposure
· Simplifying license administration and budgeting to streamline
processes and improve planning
· Focusing the business relationship with Microsoft for maximum value
creation
Deriving business value from an Enterprise Agreement
Our research indicates that the most successful IT organizations make IT
decisions the same way they make other business decisions - based on
business value. This practice should apply to selecting a volume licensing
program as well as to selecting a technology. The Enterprise Agreement helps
create business value in five ways; it helps:
Build a flexible infrastructure, An Enterprise Agreement helps an
organization more easily build and maintain its infrastructure (the
company's Digital_Nervous_System) so it can respond rapidly to
changing business needs.
Drive standardization throughout the enterprise. An Enterprise
Agreement can help a company more successfully use standards to
reduce the cost of computing.
· Ensure compliance. The Enterprise Agreement significantly reduces
the administration required to show compliance on the standard
products, thereby mitigating the associated legal risk.
· Simplify license administration and budgeting. An Enterprise
Agreement helps streamline the administration and budgeting
processes while improving the accuracy of business planning.
· Focus the business relationship with Microsoft on creating
maximum value. The Enterprise Agreement is the licensing solution
for Microsoft's most strategic customers and helps both parties focus
on the most valuable activities.
Benefit I - Building a flexible infrastructure
Microsoft uses the term "Digital_Nervous_System" to describe the critical role
that IT plays in organizations today. A successful Digital_Nervous_System gets
the right information to the right people at the right time. If the
Digital_Nervous_System is working well, it supports four main organizational
functions to create competitive advantage: basic operations, strategic thinking,
customer interaction, and business reflexes.
In particular, business reflexes is an important function to examine. High-
performing organizations drive simplicity and flexibility throughout their
technology environment. Having a flexible computing environment creates
business value by accelerating value capture, shifting the cash flow from new
revenue or cost-reduction opportunities closer in time.
In an enterprise without a highly flexible infrastructure, the development of a new
business opportunity often follows a long and tortuous path, where iT is an
obstacle rather than an enabler. Once the new business opportunity is identified,
the application requirements are developed, and the specific application is
chosen. Only then are infrastructure changes determined, budget approval
obtained, and the infrastructure changes made. Finally, after this series of
activities, the line of business application is deployed to capture the business
value. This process is frustrating for both the business manager and the IT
manager.
In contrast, when a flexible infrastructure is already in place, this situation
proceeds quite differently. Since the computing environment is already able to
support the deployment of new business applications, the steps involving
infrastructure changes are eliminated. The elimination of these steps accelerates
the realization of the associated business value (see Figure 1). When a flexible
infrastructure is in place, IT can be a true partner with the business units rather
than an obstacle.
With an Enterprise Agreement in place, a company can more easily deploy the
full Microsoft platform of products, creating a flexible and robust computing
environment. The Enterprise Agreement helps because it decouples software
infrastructure spending from difficult-to-determine future business requirements.
This decoupling makes it easier to build and maintain a highly flexible computing
environment in advance so the business can rapidly respond to urgent business
needs and opportunities.
Another way to think about the Enterprise Agreement investment is in terms of a
"real" option. By purchasing (through the Enterprise Agreement) and deploying a
robust infrastructure in advance of specific, known requirements, the enterprise
has purchased the option to execute when needed.
Benefit 2 - Driving standardization
Reducing TCO through standardization on the Microsoft platform. To
address customer concerns about TCO, Microsoft has conducted extensive
research over the past two years and has developed significant insight into the
drivers of TCO. The following TCO breakdown is an example that represents a
fairly typical IT infrastructure, with a mixture of Windows operating systems and
versions of Office suites (see Figure 2; see the Appendix for definitions of the
major cost categories). TCO consists of both budgeted and unbudgeted costs.
In an effort to cut budgeted costs, it is easy to inadvertently shift these costs to
the end-user so they appear in an unbudgeted cost category. It is therefore
extremely important to measure both budgeted and unbudgeted costs as part of
a TCO reduction initiative.
In particular, basic decisions about software and hardware have a tremendous
effect on many of the TCO cost categories even though software and hardware
direct expenses represent a relatively small percentage of TCO (about 11
percent in this example). Thoughtful selection of software (and especially
standardization of software configurations across an enterprise) can significantly
reduce TCO.
Industry analysts estimate that establishing IT standards can help reduce TCO
by at least 10 percent and often even more, depending on the structure and size
of the organization. According to the Gartner Group,~ strong standards can
reduce the annual costs for distributed computing ownership by $2,000 per seat.
Over the three-year span of a Microsoft Enterprise Agreement this effect can add
up to significant savings.
Standardizing on the latest Microsoft technology helps reduce TCO across many
of the TCO cost categories. Support costs are reduced by eliminating help desk
calls due to file incompatibility and interface questions. Standards allow better
systematization of installation, upgrade deployment, and maintenance, reducing
management costs. Consistent components and interfaces allow the enterprise
to streamline skill sets required for application development. A common user
interface and standard desktop image reduces training time and the "futz" factor
among users. Finally, because the number of potential failure points are
reduced, troubleshooting is simplified and accelerated, reducing down time. In
The Gartner Group, "Total Cost of Ownership: A New Industry Metric," William Kirwin,
997 (SYM7TCO10/97Wkirwin).
addition, Microsoft's Zero Administration Initiative for Windows (ZAW) provides
policies, tools, and technology to help enterprises reduce TCO. For further
details, visit http://www, microsoft.com or consult your Microsoft sales
representative.
Although using standardization to reduce the total cost of ownership (TCO) is an
important priority for many companies, actually achieving a high level of
standardization can be difficult. Typically when a company has had great
success standardizing, the corporate center has played a strong leadership role
in overcoming three main challenges: creating economic incentives, balancing
individual and total corporate needs, and shifting organizational inertia. The
Enterprise Agreement can help overcome these challenges.
Creating economic incentive. By making a centralized, up-front investment
through the Enterprise Agreement, the corporate center can establish a software
standard that is available to all users at all times. Individual business units then
bear the real economic impact of deviating from the standard product suite,
because any nonstandard acquisition is clearly identifiable as an incremental
expense.
Balancing individual and total corporate needs, By divorcing infrastructure
spending from specific business unit competition for resources, the Enterprise
Agreement increases the ability of the corporate center to make optimal
economic infrastructure decisions based on total corporate needs. The
Enterprise Agreement also gives equal, full access to the standard platform of
products to all users.
Shifting organizational inertia. Many organizations have attempted to
standardize in the past only to give up due to lack of commitment, business unit
rebellion, or management changes. The decision to sign an Enterprise
Agreement signals to the entire organization a strong long-term commitment to
standardization.
Benefit 3 - Ensuring compliance
Ensuring an enterprise is compliant is a challenging but necessary task. Most
companies spend a tremendous amount of energy ensuring they are properly
licensed. To ensure compliance, management teams attend meetings, check
data, compare licenses and usage, take corrective action, follow-up on corrective
action, and so on. Even with all this effort, the most a company ever gets in
return is the satisfaction of knowing it is legal. And, in most companies, there is
usually the sense that some errors still exist due to record keeping problems or
end user deviation from IT policies. The Enterprise Agreement significantly
reduces the risk of being out of compliance and helps make these challenges
easier to overcome.
· With an Enterprise Agreement, usage tracking on the standard
products is not necessary, greatly simplifying software asset
management across a large enterprise.
· With an Enterprise Agreement, less detailed tracking of individual
licenses is required on the standard products. This solves the
problem many companies have keeping track of licenses acquired
through OEM and full package product purchases.
Requirements for Client Access Licenses are complex. Companies
have a hard time keeping current when they reconfigure servers or
upgrade server products. The Enterprise Agreement allows complete
flexibility to upgrade and reconfigure corresponding server products
without worrying about changing CALs.
Audits (although important to do) are disruptive, costly, and risky.
External and internal audits cause business disruption and have a
negative impact on morale; external audits also bear substantial
financial, legal, and reputation risk. Under an Enterprise Agreement,
a company is assured compliance on the standard products (as long
as the true-up procedure is followed). This assurance significantly
increases the efficiency of any audits conducted, reducing the
disruption, cost, and business risk involved.
Benefit 4 - Simplifying license administration and budgeting
License administration and budgeting are activities that have little direct impact
on customers. The Enterprise Agreement helps streamline both these activities
so the business can focus more on serving its customers.
Simplified license administration, tracking, and acquisition. There are
several aspects of the Enterprise Agreement that simplify the administration,
tracking, and acquisition of licenses:
· The current desktop inventory is used to establish the baseline
number of PCs for price determination. A Microsoft Enterprise
Agreement provides the volume pricing benefits of Microsoft Select,
and this price level is based on the current number of desktop
computers in the enterprise.
· The total price is divided into three equal annual payments so the
enterprise makes one payment per year for standard products.
Significant savings can be realized in something as simple as
processing a purchase order- the full cost to process a single
purchase order at most companies is between $125 and $150.
· There is no need to order licenses for standard products on each
added PC. The true-up feature allows the enterprise to add users to
the original number once a year at a known price per desktop.
· There is no monthly/quarterly reporting required for standard
products.
· No end-user time is wasted assessing and acquiring basic
infrastructure products.
Simplified budgeting and planning. High-performing organizations avoid
"boom and bust" IT spending patterns. The Enterprise Agreement improves long
term planning and budgeting in the following ways:
· The longer time horizon (3 or 4 years instead of 2 years) means there
is no need to provide business justification and renegotiate contracts
every 2 years. Considerable business, technology, and legal
resources are often involved in this process. Extending this cycle an
additional one to two years can save at least one round of these
costs. It also enables organizations to focus more on getting the most
out of their technology and less on administering the license
agreement process.
· Since the price is protected for a longer time (3 or 4 years instead of 2
years), a business is able to budget more accurately, knowing the
price will not change. By signing an Enterprise Agreement, a
customer avoids potential price increases at the expiration of the
Select agreement. Even if the enterprise adds users through the
annual true-up process, the new users are added at a known cost per
desktop for the life of the agreement. With the additional one-year
extension, the enterprise can either maintain the existing price for one
more year or discuss new options.
· With a Microsoft Enterprise Agreement the enterprise can combine its
worldwide software needs to get the best possible discount. In
addition to the enterprise platform of products, the price discount level
also applies to all products available through Microsoft Select. This
means that the enterprise receives the best possible price on all
Microsoft products for the entire organization by taking advantage of
its investment in the Microsoft standard enterprise platform.
· Software spending is smoothed over the period of the Enterprise
Agreement, giving businesses the flexibility to deploy without concern
for short-term cash flow constraints.
· Software spending related to growth is shifted to the end of the year
through the true-up process.
Benefit 5 - Focusing the business relationship
The Enterprise Agreement sets the tone for the type of business relationship a
customer has with Microsoft. Microsoft wants to help enterprise customers meet
their business objectives; the best way to do this is by moving beyond a
transaction-based model to a more committed, strategic relationship. The
Enterprise Agreement helps lay the groundwork for this type of relationship by
focusing both parties on the most important issues (see Figure 3).
Strategic importance. Enterprise Agreements are strategically important both
internally and externally for Microsoft and customers. Because of the strong
mutual commitment and the value of the Enterprise Agreement, it is in both
parties' interest to make the agreement successful. Microsoft is committed to
being a successful vendor in both the back-office and desktop markets. To be
successful in these markets, Microsoft must be a strategic vendor for enterprise
customers; the only way Microsoft will succeed at this is if customers are highly
satisfied. In addition, Microsoft recognizes that a company is making a large
financial commitment to its products through the Enterprise Agreement. This
commitment in turn makes it possible to ensure best-in-class resources are
focused on developing the follow-on products that customers need. The
commitment is mutual, in that Microsoft in effect finances payment and protects
against price increases for the term of the Enterprise Agreement.
Joint problem solving focused on long-term issues of importance.
Enterprise Agreements allow both parties to focus on long term needs rather
than on short term issues such as negotiating the next contract. In addition, the
team can focus on value-creating activities such as product deployment and
innovation, rather than Iow-value administration. Microsoft and its partners are
better able to solve real problems because the team knows the enterprise is fully
licensed for the entire platform. Microsoft offers a complete solution including
licenses, service, and support- all of which can be applied directly to solving the
enterprise's greatest challenges.
Broader communication. The Enterprise Agreement facilitates greater
information sharing through mutual executive relationships, product fairs, mutual
promotion of technology decisions, and participation in advisory councils.
Summary
Microsoft designed the Enterprise Agreement specifically to meet the needs of its
enterprise customers who have decided to deploy and maintain the Microsoft
platform of products. For such a customer, the Enterprise Agreement represents
a tremendous value. In addition to providing the Microsoft platform and future
upgrades, the Enterprise Agreement helps:
· Build a flexible infrastructure to support business flexibility
· Drive standardization throughout the enterprise to reduce the cost of
ownership
· Ensure compliance to reduce legal risk exposure
· Simplify license administration and budgeting to streamline processes
and improve planning
· Focus the business relationship with Microsoft for maximum value
creation
Find out more about the Microsoft Enterprise Agreement. To better
understand how you can take advantage of the business value potential provided
by an Enterprise Agreement, contact your Microsoft account manager or Large
Account Reseller. For additional information on Microsoft's volume-based
licensing programs, visit the Microsoft Volume Licensing Web site at
http://www, microsoft.corn/licensing.
Appendix
TCO cost category definitions:
Support - labor expenses and fees to support the network and its users
(including help desk and maintenance).
Management - labor expenses and fees for managing the network, computer
systems, applications, storage infrastructure, and user access.
Hardware and software - capital expenditures for acquisition, upgrade, and
disposal of computer and network hardware and software.
Development - labor expenses and fees for design, development, testing,
documentation, and maintenance of nonbusiness applications.
Communications - expenses paid for lease lines, on-line access fees, remote
access services, and web hosting fees.
End user - labor expense for support, maintenance, troubleshooting and repair,
installation, training, backup, and development performed by end-users. End-
user costs are unbudgeted, since they do not appear directly in the IT budget.
Down time - lost productivity due to unavailability of computing services and
resources. Down time is an unbudgeted cost as well.
C 1998 M~crosoft Corporabon AIl rights raserved
This summary is for informational purposes only. MICROSOFT MAKES NO WARRANTIES, EXPRESS OR
IMPLIED, IN THIS SUMMARY.
M~crosoft. BackOfflC~, Office, Windows, and Windows NT are e~ther reg, sterad trademarks or trademarks of M~crosoft Corporabon ~n the Umted
States and/o~ other countries Other product and company names mentioned heram may be the trademarks of their respecbve owners
Enrollment Number
Reseller Must Complete the Following
Customer Purchase Order Number
Enterprise Agreement Number
Microsoft Business Agreement Number
For Microsoft Internal Use Purposes
I
MICROSOFT ENTERPRISE ENROLLMENT- STATE AND LOCAL
This MICROSOFT ENTERPRISE ENROLLMENT-STATE AND LOCAL is entered into between you (the enrolled affiliate signing
below) and us (the Microsoft affiliate signing below) as of the effective date identified below. If different from the main contact
information, any notices must be addressed to the contact and locations outlined in the notices section below. We will notify you in writing
if our address information changes You must notify us in writing if your address changes.
Agency Name Name and address of contracting Microsoft affiliate
MSLI, GP
Street Address and/or post office box Street Address and/or post office box
6100 Nell Road
Suite 210
C~ty and State / Province City and State / Province
Reno, NV
Country and Postal Code Country and Postal Code
USA 89511-1137
Contact Name Account Manager Name, Location and E-Mail Address
Phone Number Phone Number
775-823-5600
Fax Number Fax Number
775-826-7287
Email Address
For the Attention of.'
Agency Notices Information (if different from above)
Agency Name
Street Address and/or post office box
City and State / Province
Email Address
Selquest~ microsoft corn
For the Attantfon of.'
Dept. 551, Volume Licensin:~
The enrollment and attached documents should be sent to the
above address for approval and processing.
All NOTICES should have Copy To:
Microsoft Corporation, Law and Corporate Affairs
One Microsoft Wa~'
Redmond, WA
Country and Postal Code
USA 98052
Contact Name
Phone Number
Fax Number
425-936-7329
Email Address
For the Attention oF.
~Microsoft.com
For the Attention of:
Volume Licensin~ A!torne¥
Microsoft Enterprise Enrollment (MSLI) v5 I Cover Page Page 1 of 5
(North American) S&L, November 20, 2000
Term, This enrollment will expire 36 full calendar months from the effective date indicated below unless terminated earlier as provided in
the Microsoft Enterprise Agreement or extended as set out in the next sentence. You may elect to extend the term of this enrollment for an
additional 12 full calendar months. To do so, you must submit an order for the extension period to your reseller within 15 days following
the term, covering the enterprise products, the additional products, and any additional qualified desktops added prior to the end of the term
(including any quahfied desktops for which you are required to submit an order as part of your third anniversary tree up) The reference
price for the extension of each enterprise product will be equal to the total enterprise product price divided by 3, divided by the initial
number of qualified desktops, multiplied by the total number of qualified desktops licensed as of the end of the term (includtng any
quahfied desktops for which you are required to submit an order as part of your third anniversary true up). We are not able to provide
additional product reference prtcing for the extension term. Please contact your reseller for your price and payment terms for the enterprise
products and additional products for the extension term.
Terms used in this enrollment shall have the meanings assigned to them in the Microsoft Enterprise Agreement identified above.
By signing this enrollment, you represent and warrant that:
a. You have read and understood the Microsoft Business Agreement and the Enterprise Agreement identified above, including
any addenda and amendments to that agreement (specifically including but not limited to the current version of the product use rights), and
agree to be bound by those terms.
b. You are either the entity that signed the Enterprise Agreement identified above or its affiliate.
c. You have 500 or more qualified desktops.
This enrollment consists of (1) this cover page, (2) the Shipping Information Form, (3) the Enterprise Order Form, (4) the Enterprise
Update Statement, (5) the Reseller Information Form, and (6) the Product List, and by signing below, you agree that you are bound by the
terms of the Microsoft Enterprise Agreement identified above and the product use rights applicable to products ordered under this
enrollment.
By signing below, you represent that the information that you provide on each of the attached forms is accurate.
Name of Agency: Name of contracting Microsoft affiliate:
MSLI, GP
B~,: By:
(Signature) (Signature)
Name: Name:
(Prtnted) (Printed)
Title: Title:
(Printed) (Printed)
Date: Effective Date:
Mictosofi Enter£rtse Enrollment (MSLI) v5 1 Cover Page Page 2 of 13
(North Amertcan) S&L, November 20, 2000
Shipping Information Form
License confirmations and CD-ROM subscriptions will be shipped to the following address. If the CD-
ROM shipping address differs from the license confirmation shipping address, please complete the Initial
Fulfillment Kit/CD-ROM Shipment Contact address section on the following page.
License Confirmation Ship-to Information (If different from address on the cover tm~e)'
Agency Name
Street Address
City and State / Province and Postal Code
Country
Company Contact Email Address
Company Contact Language (lfdtfferent than
language of this enrollment)
Contact Name Microsoft Account Manager Name
Phone Number Microsoft Office Location
Fax Number Microsoft Contact Email Address (if applicable)
I
Microsoft will automatically ship one CD-ROM kit, and periodic additional CD-ROMs containing
updates, for each pool and language designated in the table below. Please mark each box with an
"X" for the language(s) you wish to have shipped for each of the enterprise and additional products
for which you have chosen under this enrollment. If you would like to receive additional shipments of
CD-ROM kits, you may order them through your reseller for a fee.
Initial Fulfillment Kit / CD-ROM Shipment Contact
Agency Name
(lf different ~erom License Con~Trmation contact)
Contact Name
Street Address Phone Number
City and State / Province and Postal Code Fax Number
Country Email Address
Microsoft Enterprise Enrollment (MSL0 v5 I Cover Page Page 3 of 13
(North American) S&L, November 20, 2000
0
0
o.
t-.
c~
0
1.1_
Microsoft Entet prtse Enrollment (MSLI) v5 I Cover Page Page 4 of 13
(North .4mer~can) S&£, November 20, 2000
1. Definition of the Enterprise
Enterprise Order Form
Section 1: Your enterprise must consist of entire agencies, departments, or jurisdictions; not partial agencies, departments or
jurisdict,ons. Each affiliate must be entirely "in" or entirely "out". Note' when we refer to Enterprise Enrollment, we mean either an
Enterprise Enrollment or an Enterprise Select Agreement. Please check only one of the applicable boxes tn Section 1 below. Note: all
affiliates acquired after the effective date of this enrollment that are not party to an Enterprise Enrollment of their own will automatically
be included unless you fill in Section 2 below.
You and all affiliates.
(ii) [ ]
I.
You and the ~ollowing a~hates wdl be ~arttcil~atin~'
(NOTE: If more than 6 affiliates are being included, attach list of names on separate piece of paper.)
(iii) [ ] You and ail aff~liates, exce?t the following affiliates, will beparticipatin~:
1.
3.
4.
5.
6.
(NOTE: If more than 6 affiliates are beinl~ excluded, attach list of names on separate piece of paper.)
ISection 2: Unless you check the box below, all affiliates acquired after the effective date of this enrollment that are not party to an
Enterprise Enrollment of their own will automaUcall~' be included.
[ ] Exclude all affiliates acquired after the effective date of this enrollment that are not party to an Enterprise Enrollment of
their own.
2. Designated Languages
You will use the enterprise and additional products in the language category specified below. Please mark one box below with an "X" for
the language category of your choice.
"Listed languages" means any of the following localized language versions: Chinese Simphfied, Chinese Traditional, Czech, English,
Greek, Hebrew, Hungarian, Korean, French Canadtan, Japanese, Polish, Portuguese (Brazil), Russian, Turkish, Thai and if this enrollment
is signed in Latin America, then Spanish.
"All languages" means (i) all of the languages in the listed languages category above, and (ii) all of the restricted languages below.
"Restricted languages" means Danish, Dutch, Finnish, French, German, Italian, Norwegian, Portuguese (Portugal), Spanish, Swedish,
Arabic and, if the enrollment is signed in Austria, Belgium, Denmark, France, Finland, Germany, Ireland, Italy, Luxembourg,
Netherlands, Norway, Portugal, United Kingdom, Switzerland, Sweden, or Spain, then English becomes a restricted language.
Listed Languages Note: By electing the listed language category you may use a
maximum of 10% of the copies of any product in the restricted
Ali Languages languages.
Mtcrosofi Enterprise Enrollment (MSLI) vS.l Cover Page Page 5 of 13
(North American) S&L, November 20, 2000
Enterprise Order Form
3. Language Allocation
You estimate in good faith that you will use the enterprise and additional products in the languages and percentages specified below (if
more space is needed, please attach on a separate sheet):
Language Versions Percentages
%
%
%
%
4. Enterprise Product Licenses
Thc prices stated below arc for your reference only. Your price and payment terms for all products ordered will be determined by
agreement with your chosen reseller.
a. Initial Order for Enterprise Products
(To be completed by Mtcrosoft or reseller)
The price of the enterprise licenses for the initial order will be billed to your reseller in annual installments. The first installment will be
invoiced upon submission of the order; the remaining installments will be invoiced at each anniversary of the effective date of this
enrollment.
Qualified Desktops: You represent that the total number of qualified desktops in your
enterprise is, or will be increased to this number, during this enrollment. (This number must be
equal to at least 500 desktops.)
You must choose the Enterprise Desktop Professional Platform or at least one of the individual enterprise products by checking the boxes
below (You may choose more than one of the individual enterprise products.) This choice must be made before selecting any of the
additional products listed in section 5a below.
Currency I I
(a) (b) -- (a) * number of (c) = (b) * 3 year term
qualified desktops above
Enterprise Product N/ Annual enterprise
product ocr desktop Annual enterprise product Total enterprise product
reference price reference price reference price
Enterprise Desktop
Professional Platform
Office Professional
BackOfflce Client Access
License
Windows Desktop
Operating System Upgrade
Initial Enterprise Product Order
Total: (sum column (b) for the
enterprise products chosen above)
Note: Because all operating system licenses provided under this program will be upgrade licenses, you agree that all new or replacement
qualified desktops acquired during the term of this enrollment on which you will run the Windows operating system will be licensed
either for Windows 9.x or Windows 2000 Professional, or their successor products, from the desktop's Original Equipment Manufacturer.
Mtcrosofl £nterprtse Enrollment (MSL0 v5 1 Cover Page Page 6 of 13
(North .4mertcan) S&L, November 20, 2000
Enterprise Order Form
The enterprise products are:
· Windows Desktop Operating System Upgrade;
· Microsoft Office Professional (the current version of which consists of the following components: Microsoft Word, Microsoft
Excel, Microsoft PowerPoint, Microsoft Outlook, Microsoft Publisher and Microsoft Access);
· Microsoft BackOffice Chent Access License (the current version of which consists of Client Access Licenses for the following
components: Windows NT Server, SQL Server, Microsoft Exchange Server, Systems Management Server, Site Server and SNA
Server)
b. Enterprise True up Orders for Enterprise Products
(To be completed by M~crosoft or reseller)
The price of the enterprise licenses for any true up order will be billed to your reseller upon submission of your order. True up orders must
be submitted within 15 days following the anniversary of the effective date and expiration or termination &this enrollment.
ICurrency I
Please complete the table below for the enterprise products selected in section 4(a) above.
Enterprise Product First anniversary per Second anniversary per Subsequent anniversary per
desktop reference price desktop reference price desktop reference price
Enterprise Desktop
Professional Platform
Office Professional
BackOffice Client Access
License
Windows Desktop Operating
System Upgrade
Note: Because all operating system licenses provided under this program will be upgrade licenses, you agree that all new or replacement
qualified desktops acquired during the term &this enrollment on which you will run the Windows operating system will be licensed for
Windows 2000 Professional, or its successor product, from the desktop's Original Equipment Manufacturer.
c. Subsequent Orders for Enterprise Products
The price of the enterprise licenses for any subsequent enterprise product order placed prior to the first anniversary will be billed to your
reseller in annual installments. The first installment will be invoiced upon submission of the order, the remaining installments will be
invoiced at each anntversary of the effective date of this enrollment. The price of the enterprise licenses for any subsequent enterprise
product order placed after the first anniversary will be billed to your reseller upon submission of your order.
Microsoft Enterprtse Enrolhnent (MSLI) v5 1 Cover Page Page 7 of 13
(North American) S&L, November 20, 2000
Enterprise Order Form
5. Additional Product Licenses
(To be completed by Microsoft or reseller)
The prices stated below are for your reference only. Your price and payment terms for all products ordered will be determined by
agreement with your chosen reseller. The price of the additional product licenses for the initial order in section 5(a) below and any
additional product licenses ordered prior to the first anniversary &the effective date will be billed to your reseller in annual installments.
The first installment will be invoiced upon submission of the order; the remaining installments will be invoiced at each anniversary of the
effective date of this enrollment. Subsequent orders of additional products placed after year I will be invoiced in total upon submission of
the order.
a. Initial Order for Additional Products
(To be completed by Mtcrosoft or reseller)
ICurrency I I
You may choose to license additional products by entering the names of and quantities for the products of your choice in the table below.
For a list &the available additional products, please contact your reseller. You may choose more than one additional product Please
enter the appropriate quantity of licenses for each additional product you choose to license. If you choose to license more than I0
additional products, attach a list of names and quantities for the remaining products on a separate piece of paper.
(a) (b) (c) = (a) * (b) (d) -- (c) * 3 year term
Additional Products Quantity Annual additional Annual additional Total additional product
product oer license product reference price reference price
reference price
Initial Additional Product Order
Total: (sum column(c) for
additional products chosen above)
Microsoft Enterprise Enrollment (MSLI) v5 1 Cover Page Page 8 of 13
(North American) S&L, November 20, 2000
Enterprise Order Form
6. Initial Product Order Total for the Enterprise and Additional Products Chosen in 4a and 5a above
(To be completed by Microsoft or reseller)
Annual enterprise and additional product reference price
I Initial Enterprise
Product Order Total
from 4a
2 Initial Additional
Product Order Total
from 5a
3 Grand Total 3=1+2
Mtcrosoft Enterprise Enrollment (MSLI) vS. 1 Cover Page Page 9 of 13
(North Amertcan) S&L, November 20, 2000
Enterprise Update Statement
ENTERPRISE AGREEMENT NUMBER
ENROLLMENT NUMBER
COMPANY NAME
ENROLLMENT ANNIVERSARY DATE
An Enterprise Update Statement must be submitted ONLY if the number of qualified desktops for the enterprise products has
not increased as of any of the anniversary dates of your State & Local Enterprise Enrollment. If there has been an increase in
the number of qualified desktops for the enterprise products, please submit an order to your reseller.
I agree that there has been no increase in the number of qualified desktops for the enterprise products in my enterprise.
Statement completed by:
Name of Agency
Authorized signature
Contact Name (please print)
Title
Date
Submit an original to: Your reseller
Microsoft Enterprise Enrollment (MSLO v5.1 Cover Page Page 10 of 13
(North Amet tcan) S&L, November 20, 2000
1. General information
Reseller Headquarter Information
Reseller Information Form
(Reseller should complete the following sections.)
Distributor Information (ifat~plicable)
Reseller Company Name
Dtstrtbutor Company Name
Headquarters Street Address and/or post office box Headquarters Street Address and/or post office box
City and State / Province and Postal Code C~ty and State / Prov~nce and Postal Code
Country Country
Contact Name Contact Name
Phone Number Phone Number
Fax Number Fax Number
Email Address Email Address
2. Billing information for enterprise and additional product coverage
(To be filled in for customers with 500-4,999 desktops ONLY. ,4 Channel Price Sheet will be supplied by Microsoft for
customers with 5,000 and greater desktops.)
Direct partner purchase order number: I
i
Part number and price in formation for enterprise and additional product Hcense coverage: Insert in the table below
the Microsoft part number and price information to be billed for the enterprise product desktops and additional
product quantities entered in Parts 4a and 5a of the Enterprise Order Form and by language selected in Part 2 of the
Enterprise Order Form.
c) Price list month (the month of the price list the prices listed below are from):
]Currency ] I
Mtcrosoft Enterprise Enrollment (MSLI) v5 1 Cover Page Page 11 of 13
(North Amer:can) S&L, November 20, 2000
Reseller Information Form
(lY~r l l~: l lte part numoer anti prtce revel tn ~ormatton re~utrea oetow ts ~rovtaea to tt~e vtrect ~'arttter ott t~e ~nter~rtse ~ t'rtce Ltst.]
Microsoft Part Number Product Offering Price Purchase Usage Quantity
Language Level Unit Country
Mtcrosofi Enterprise Enrollment (MSLI) v5 I Cover Page Page 12 of 13
(North American) S&L, November 20, 2000
Reseller Information Form
Please note: Billing currencies are limited to the currencies Microsoft accepts in a given country. Microsoft accepted
billing currencies are stated, by country of enrollment, in the table below. The currency selected for this enrollment
will apply for the entire term of this enrollment including the extensions.
Currenc,v
US Dollars
Canadian Dollars
Australian Dollars
New Zealand Dollars
EURO
Danish Krone
lapanese Yen
Korean Won
Norwe~;ian Krone
Pound Sterlin$
Swiss Franc
Swedish Krona
Taiwan Dollar
Accepted in Country
United States, Latin America, Asia (except Japan, Korea, and Taiwan), Greece,
Eastern Europe, Middle East, Africa
Canada
Australia
New Zealand
Austria, Belgium, Denmark, Finland, France, Germany, Ireland, Italy,
Luxembourg, Netherlands, Norway, Portugal, Spain, Switzerland, Sweden, and
United Kin~;dom
Denmark
Japan
Korea
Norway'
United Kinsdom
Switzerland
Sweden
Taiwan
The above price levels for the initial order will be extended to reseller for the term of this enrollment. The price of the
enterprise licenses and additional product licenses will be billed in annual installments. The first installment will be
invoiced upon submission of the order; the remaining installments will be invoiced at each anniversary of the effective date
of this enrollment. Signature acknowledges that the above price level and country of usage information has been reviewed
and agreed to by the reseller, subject to the terms and conditions of its agreement with the licensing Mtcrosof[ affiliate.
Reseller by signing below, acknowledges that it has read this enrollment (including any amendments to it), and reseller
acknowledges that pursuant to the terms of this enrollment, the enrolled affiliate may have rights to terminate this
enrollment under certain circumstances, or reduce the number of qualified desktops covered in ways that may reduce the
total enterprise and addttional product price.
The undersigned confirms that the Reseller and Distributor information is correct.
Name of Reseller: Name of Distributor (ifapproprtate):
By: By:
(Signature) (Signature)
Name: Name:
(Printed) (Printed)
Title: Title:
(Printed) (Printed)
Date: Date:
Mtcrosoft Enterprtse Enrollment (MSLI) v5 1 Cover Page Page 13 of 13
(North Amertcan) S&L, November 20, 2000
AGENDA REQUEST
Request to be placed on: August 07, 2001
Date: July 31, 2001
XX Consent Agenda __ Special Agenda ~ Workshop Agenda
Description of agenda item:
Approval of a four (4) year renewal for the Microsoft Enterprise Software License Agreement with
Software House Internabonal at a total amount of $584,200.
ORDINANCE/RESOLUTION REQUIRED' YES
Draft Attached: YES
NO
NO
Recommendation:
Four (4) year renewal for the Microsoft Enterprises Agreement with Software House International
at a total cost of $584,200 to be paid in annual payments of $149,250 for years 1, 2 and 3 and
$136,450 for the fourth year. Funding for the first year from account codes 334-6112-519-66 10
for $74,625 and 442-5178-536-66.10 for $74,625.
Determination of Consistency w~prehensive Plan: \
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all iter~s in~volving expenditure of funds):
Funding available: Yes ?j l I
Funding alternatives:
Account Description:
Account Balance: ;~ ~(~,hOD
Approved foragenda: Yes ~ No
(if applicable)
Hold Until
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
CiTyYOR AND CITY COMMISSIONERS
MANAGER
AGENDA ITEM # fi'/~) - REGULAR MEETING OF AUGUST 7, 2001
REJECTION OF BID/POLICE UNIFORMS
AUGUST 3, 2001
This is before the City Commission for authorization to reject all bids received for the purchase of
uniforms and authorize staff to re-bid this contract with changes m the specifications to meet the
requirements of the Pohce Department.
The Police Department is requesting rejection of all bids received for Bid #2001-20 for the purchase
of uniforms with specificattons that products manufactured by Southeastern and L~berty ate mot
expectable subslamtes. All other reqmrements and/or restrictions remain in place.
Recommend approval of the request to reject all bids received for the purchase of uniforms for the
Police Department and authorize staff to re-bid this contract according to specifications.
RefAgmemol4 Bid CancellattonPohceUmforms 08 07 O1
MEMORANDUM
TO:
FROM:
THROUGH:
DATE:
SUBJECT:
David Harden, City Manager
Jacklyn Rooney, Purchasing Supervisor
Joseph S~ance Director
Ju~ 30,2001
DOCUMENTATION - CITY COMMISSION MEETING
AUGUST 07, 2001 - REJECTION OF BIDS RECEIVED
FOR BID #2001-20 - PURCHASE OF UNIFORMS
FOR THE POLICE DEPARTMENT
Item Before Commission:
City Commission is requested to reject all bids received for Bid #2001-20 -
Uniforms for the Police Department - and authorize staff to re-bid this contract.
Purchase of
Background:
Bids were advertised for the purchase of uniforms for the Police Department in March of 2001.
Bids were received from four (4) vendors. Bid #2001-20 on file in the Purchasing Office. A
tabulation of bids is attached for your review.
The Police Department is requesting rejection of all bids received for Bid #2001-20, Purchase of
Uniforms for the Police Department, and authorization to re-bid this contract due to
modifications in the detailed specifications. See attached memo dated July 24, 2001.
Recommendation:
Staff recommends the cancellation of the Bid #2001-20 for the purchase of uniforms for the
Police Department and authorization approval for staff to re-bid this contract with changes in the
specifications.
Attachments
Delray Beach .Police Department
300 West Atlantic Avenue Delray Beach, Florida 33444-3695 ~
(561) 243-7888 Fax (561) 243-7816 1993
MEMORANDUM
TO: Jackie Rooney j~
Purchasing Super
FROM: David Junghans~-'~ \ _
Administrative Serw'l~s
DATE:
SUBJECT:
July 24, 2001
Director
DEPARTMENT UNIFORM CONTACT
On Friday, July 20, 2001, I met with Mr. Harden in reference to the pending
Department uniform bid. The result of the meeting was to recommend to the City
Council we cancel the current bid and rebid for the contract.
The only modification to the current bid package is to specify that products
manufactured by Southeastern and Liberty are not expectable substitutes.
Vendors will not be allowed to bid those items. All other requires and/or
restrictions remain in place.
Should you have any questions or need additional clarification prior to presenting
this to City Council, please contact me at once at extension 7852.
DJ/rmh
CITY OF DELRAY BEACH
PURCHASE OF UNIFORMS FOR DELRAY BEACH POLICE DEPARTMENT
BID # 2001-20
DATE: MARCH 30, 2001
J.R. Mango Skaggs Public Gold Nugget Special
Uniforms & Safety Uniforms - d/b/a Products
ITEM # DESCRIPTION QTY Police Equipment & Equipment Argo Uniform Co Group
1 Long Sle'~ve Shirt 30 $25.00 ea. $28.00 ea. $24.50 ea. $31.00 ea.
Lady-Plain, Zipper $750.00 $840.00 $825.00 $930.00
Officers/Supervisors
Oversize 4 $28.00 ea. $28.00 ea. $33.00 ea. $31.00 ea.
$112.00 $112.00 $132.00 $124.00
Delivery 7-14 days
" ' 2 Long Sleeve Shiri' 200 $25.00 ea. $28.00 ea. $27.50 ea. $31.00 ea.
Men - Plain, Zipper $5,000.00 $5,600.00 $5,500.00 $6,200.00
Officers/Supervisgrs
Oversize 70 $28.00 ea. $28.00 ea. $33.00 ea. $31.00 ea.
$1,960.00 $1,960.00 $2,310.00 $2,170.00
Delivery 7-14 days
'3 Short SleeveShirt 60 $24.00 ea. "$24.7'2 ea. $24.50 ea. " $28.'~5" ea.
Lady $1,440.00 $1,483.20 $1,470.00 $1,725.00
Officers(Supervisors
Oversize 8 $28.00 ea. $24.72 ea. $29.40 ea. $28.75 ea.
$224.00 $197.76 $235.20 $230.00
Delivery 7-14 days
4 Short SleeveS'hir~ ' 400 $24.00 ea. $24.72 ea. $~4.5'0 ea. $28.75' ea.
Men $9,600.00 $9,888.00 $9,800.00 $11,500.00
Officers/Supervisors
Oversize 280 $28.00 ea. $24.72 ea. $29.40 ea. $28.75 ea.
$7,840.00 $6,921.60 $8,232.00 $8,050.00
Delivery 7-14 days .....
5" P'ants 300 $24.00 ea. $28.95 ea. $24.85 ea. $3~.75 ea.
Male $7,200.00 $8,685.00 $7,455.00 $9,825.00
Officers/Supervisors
Oversize 100 $28.00 ea. $28.95 ea. $29.82 ea. $32.75 ea.
$2,800.00 $2,895.00 $2,982.00 $3,275.00
Delivery 7-14 days
6 Pants 45 $24.00 ea. $28.95 ea. $24.85 ea. $32.75 ea.
Female $1,080.00 $1,302.75 $ I, 118.25 $1,473.75
Officers/Supervisors
Oversize 6 $28.00 ea. $28.95 ea. $29.82 ea. $32.75 ea.
$168.00 $173.70 $178.92 $196.50
Delivery 7-14 days
7 Jacket 25 $100.00 ea. $94.00 ea. $110.00 ea. $97.50 ea." '
Male/Female $2,500.00 $2,350.00 $2,750.00 $2,437.50
Delivery 7-14 days *
8 Jacket(Windbreaker) 75 $16.00 ea. $21.00 ea. $29.95 ea. $31.50 ea.
Male/Female $1,200.00 $1,575.00 $2,246.25 $2,362.50
Delivery 2-3 weeks
' 9 Sweater 35 $35.00 ea. $42.25 ea. $65.00 ea. $48.50 ea.
Male/Female $1,225.00 $1,478.75 $2,275.00 $1,697.50
.... Delivery 7-14 days ....
Ref's'\flnance\purchasing~bidtabs~Police Uniforms.xls/sdl/4111101 Page 1 of 2
CITY OF DELRAY BEACH
PURCHASE OF UNIFORMS FOR DELRAY BEACH POLICE DEPARTMENT
BID # 2001-20
DATE: MARCH 30, 2001
J.R. Manno Skaggs Public Gold Nugget Special
Uniforms & Safety Uniforms. d/b/a Products
ITEM # DESCRIPTION QTY Police Equipment & Equipment Argo Uniform Co Group
10 Tie 40 $4.00 ea. $3.00 ea. $2.75 ea. $2.75 ca.
Male/Female $160.00 $120.00 $110.00 $110.00
Deliv,ery 7-14 days
11 P.E.S. Shirts 25 $18.00 ea. $18.55 ea. $23.50 ea. $22.85 ea.
Short Sleeves $450.00 $463.75 $587.50 $571.25
Vlale/Female , Delivery 2-3 weeks
12 C.O.P. Shirts 500 $18.00 ea. $18.55 ea. $21.95 ea. $22.85 ea.
Short Sleeves $9,000.00 $9,275.00 $10,975.00 $11,425.00
Male/Female Delivery 7-14 days
13 BDUTrouser 50 $20.00 ea. $18.53 ea. $22.50 ea. $21.50 ea.
Twill $1,000.00 $926.50 $ I, 125.00 $1,075.00
Male/Female Delivery 2-3 weeks
14 BDUTrouser 100 $20.00 ea. $18.53 ea. $22.50 ea. $21.50 ea.
Ripstop $2,000.00 $1,853.00 $2,250.00 $2,150.00
Male/Female Delivery 2-3 weeks
15 Warm Up Jacket 50
Nylon Taffeta Item #15 deleted per Addendum No. I
Male/Female
16 Cargo Short' 125 '$28.00 ea. $32.86 ea. $32.95 ea. $33.50 ea.
Patrol Stretch $3,500.00 $4,107.50 $4,118.75 $4,187;50
Male Delivery 2-3 weeks
17 Cargo Short 35 $28.00 ea. $32.86 ea. $32.95 ea. $33.50 ea.
Patrol Stretch $980.00 $1,150.10 $1,153.25 $1,172.50
Female Delivery 2-3 weeks
GRAND TOTAL $60,189.00 $63,358.61 $67,829.12 $72,888,00
Delivery Time as Specified
in Bid Specification? Yes Yes Yes Yes
Will Extend Same Prices, Terms
and Conditions to other
Governmental Entities? Yes Yes Yes Yes
Uniform Manufacturer/ See See
~Catalogue Number Attachment "A" Attachment "A"
*Attachment "B"
Fechheimer Style
#32740 optional zip out
full sleeve Thinsulate
liner available
at $36.50
Ref s'\finance\purchasing\bidtabs\Police Uniforms xlslsdll4111101 Page 2 of 2
4364 E. COLONIAL DRIVE
ORLANDO, FL. 32803
Attachment "A" for bid #2001-20
3-19-01
The following listed items are a breakdown of all items being bid by our firm. We have provided the
manufacture and model numbers.
Item # Manufacture
1 Southeastern Uniform Company
2 Southeastern Uniform Company
3 Southeastern Uniform Company
4 Southeastern Uniform Company
5
6
7
8
9
10
11
12
13
14
15
16
17
Southeastern Uniform Company
Southeastern Uniform Company
Horace Small
Dunbrooke
School Apparel
Sam Broome
Southeastern Uniform Company
Southeastern Uniform Company
Propper International
Propper International
Dunbrooke'
Sportiff
Sportiff
Model #
L9101Z "Navy" / Code 9
L9103 "White" / Code 9
9101Z "Navy" / Code 9
9103 "White" / Code 9
L9201Z "Navy" / Code 9
L9203 "White / Code 9
9201Z "Navy" / Code 9
9203Z "White" / Code 9
9001 / Code 9
L9001 / Code 9
3809ZSQ / New Generation
1300 / Black
5953 / Black
90001S / Black
3206 / Code 3
3202 / Code 3
706 / Specify Color
370BLK / 710NVY
1300 / Specify Color
630170
360270
ATTACHMENT "A"
City of Delray Beach Bid # 2001-20
Manufacturer Style Number:
Item #1
Item #2
Item fl3
Item ~4
Item #5
Item #6
Item #7
Item #8
Item #9
Item #10
Item #11
Item #12
Item #13
Item #14
Item #16
Item #17
(Navy) Flying Cross #127R8666Z
(Navy) Flying Cross #34W7886Z
(Navy) Flying Cross #177R7886Z
(Navy) Flying Cross # 87R7886Z
Fechheimer #34200
Fechheimer #34250
Fechheimer #58120
Dunbrooke fl1300
Fechheimer #801
S. Broome #90010
(Ladies) Southeastern #L3206
(Ladies) Flying Cross f1176R5435
Propper International #706
Propper International #370
Sportif #630170
Sportif #630270
(White) Flying Cross #126R7800Z
(White) Flying Cross #33W7800Z
(White) Flying Cross #176R7800Z
(White) Flying Cross #85R7800Z
(Mens) Southeastern #3206
(Mens) Flying Cross #85R5435
2116 Corporate Drive · Boynton Beach, Florida 33426
Office: 56t-732-0360 · Toll Free: 877-500-8990 · Fax: 561-732-0879
ATTACHMENT "B"
City of Delray Beach Bid # 2001~20
Optional zip out full sleeve Thinsulate liner is available for purchase with the
Jacket in Item #7
Liner is Fechheimer style # 32740
Price Each: $ 36.50
Sample of liner included with sample of jacket
2116 Corporate Drive · Boynton Beach, Florida 33426
Office: 561-732-0360 · Toll Free: 877-500-8990 · Fax: 561-732-0879
AGENDA ITEM NUMBER'
AGENDA REQUEST
Request to be placed on: August 07, 2001
Date: July 30, 2001
XX Consent Agenda ~ Special Agenda ~ Workshop Agenda
Description of agenda item:
Approval for rejection of bids received for Bid #2001-20 - Purchase of Uniforms for the Police
Department - and authorizabon for staff to re-bid this contract due to changes in the Detailed
Specification.
ORDINANCE/RESOLUTION REQUIRED' YES
Draft Attached: YES
NO
NO
Recommendation:
Department Head Signat~~-- ~..~~
Determination of Consistency with'Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available.
Funding alternatives:
Account Number:
Account Description:
Account Balance:
City Manager Review:
Yes No
(if apphcable)
Approved for agenda: Yes
Hold Until'
Agenda Coordinator Review:
Received'
Action: Approved
No
Disapproved
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER
AGENDA ITEM ~' ~ - REGULAR MEETING OF AUGUST 7, 2001
RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER
DATE:
TREATMENT AND DISPOSAL BOARD ACTIONS
AUGUST 3, 2001
This is before the City Commission to ratify the actions taken by the South Central Regional
Wastewater Treatment and Disposal Board at their Quarterly Annual Meeting on July 19, 2001. By a
vote of 6 to 0, the SCRWTD Board approved the following:
Authorization to enter into an Interlocal Agreement with the Solid Waste Authority and to expend
$156,500 from the Repair & Replacement Fund to pay SCRWT&DB's share of design and
permitting phase of the Biosolids Pellitization Project.
Authorization to establish Wastewater User Rate to Cities for Fiscal Year 2001-2002.
Authorization for acceptance of 200-/2002 Wastewater and Reclaim O&M Budgets and
Wastewater Repair and Replacement Expenditures (Sinking Fund).
· Authorization for acceptance of 200-2002 Organizational Chart.
Recommend ratification of the actions approved by the SCRWTD Board on Julyl9, 2001.
Ref Agmemol6 SCRWTD Board Action of 08.07.01
BOARD
City Council Members of
Boynton Beach & Delray Beach
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
1801 North Congress Avenue · Delray Beach, Florida 33445
Telephone
(561) 272-7061 (561) 734-2577
Fax' (561) 265-2357
E-ma~l: scrwwtp@ ix.netcora.com
MEMORANDUM
TO:
FROM:
DATE:
Nilza Madden, City Clerk's Office,
City OF Delray Beach
Mary Ann Shumilla~~///
July 23, 2001
RE:
RATIFICATIONS FOR SIGNATURE
Attached are Ratifications from the Quarterly Annual Meeting of July 19, 2001 which
require signatures. Would you place these on the Agenda for your next Commission
meeting.
Would you contact me at 272-7061 when the Ratifications are executed.
Thank you.
RECEIVED
CITY CLERK
BOARD
City Council Members of
Boyaton Beach & Delray Beach
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
1801 North Congress Avenue · Delray Beach, Florida 33445
Telephone
(561) 272-7061 (561) 734-2577
Fax: (561) 265-2357
E-raail: scrwwtp@ ix.netcom.com
MEMORANDUM
TO:
FROM:
DATE:
RE:
Nilza Madden, City Clerk's Office,
City OF Delray Beach
Mary Ann Shumilla~'~.~~ '
July 23, 2001
RATIFICATIONS FOR SIGNATURE
Attached are Ratifications from the Quarterly Annual Meeting of July 19, 2001 which
require signatures. Would you place these on the Agenda for your next Commission
meeting.
Would you contact me at 272-7061 when the Ratifications are executed.
Thank you.
RECEIVED
CITY CLERK
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JULY 19, 2001
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on July 19, 2001, by a vote of 6-0, approve AUTHORIZATION TO ENTER INTO AN
INTERL OCAL AGREEMENT WITH THE SOLID WASTE AUTHORITY AND TO EXPEND
~ 156,500. FROM THE REPAIR & REPLACEMENT FUND TO PA Y SCRWT&DB SHARE
OF DESIGN AND PERMITTING PHASE OF THE BIOSOLIDS PEILITIZA TiON PROJECT.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this ~ day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
YOUR PARTNER FOR
SOLID WASTE SOLUTIONS
July 6, 2001
M~. Robert J. Hagel, P.E.
Executive Director
South Central Regional Wastewater
Treatment and Disposal Board
1801 North Congress Avenue
Delray Beach, Fl 33445
Dear Mr. Hagel:
Enclosed, please find a revised Interlocal Agreement for the Permitting and Preliminary
Design phases of the Bio-Solids Pelletization Facility.
If you have any questions or need further information, please feel free to contact me at
(561) 615-4571.
atric D. Carro~
Assistant Director
7501 North Jog Road, West Palm Beach, Florida 33412 (407) 640-4000 FAX 683-4067 Recycled paper
INTERLOCAL GOVERNMENT AGREEMENT
FOR
THE PERMITTING AND SUPPORTING PRELIMINARY DESIGN
OF A
BIO-SOLIDS PELLETIZATION FACILITY
BETWEEN
THE SOLID WASTE AUTHORITY
OF PALM BEACH COUNTY, FLORIDA
SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
DATED AS OF
,2001
July 2, 2001 Draft
TABLE OF CONTENTS
Article I Definitions and Entire Agreement 1.1 Definitions
1.2 Entire Agreement
Article II Agreement Scope Of Services 2.1 Permitting
2.2 Preliminary Design In Support Of Permitting
Article III Payment For Performing The Agreement Scope Of Services
Article IF Miscellaneous 4.1 Term And Termination
4.2 Notices
July 2, 2001 Draft
ii
INTERLOCAL GOVERNMENT AGREEMENT
FOR
THE PERMITTING AND SUPPORTING PRELIMINARY DESIGN
OF A
BIOSOLIDS PELLETIZATION FACILITY
THIS AGREEMENT, hereinafter called the "Agreement", is made and entered into
this __ day of ,2001 by and between South Central Regional Wastewater
Treatment and Disposal Board, hereinafter called the "Board", and the SOLID WASTE
AUTHORITY OF PALM BEACH COUNTY, a special district created pursuant to
Chapter 75-473, Laws of Florida, as amended, hereinafter called the "Authority".
WITNESSETH
WHEREAS, the Board owns various Wastewater Treatment Facilities (as defined
herein) which produce Bio-Solids (as defined herein) as a byproduct of the treatmem
process; and
WHEREAS, the Board desires to secure an efficient, long-term and environmentally
sound method for the treatment and disposal, preferably by reuse, of Bio-Solids; and
WHEREAS, the Authority has a supply of landfill gas that is generated as a by-product
of its operations that it wishes to utilize in a beneficial manner; and
WHEREAS, landfill gas can be utilized as at source of energy to convert Bio-Solids into
a fertilizer product suitable for reuse; and
WHEREAS, the Federal Government and the State of Florida encourage the recycling
and beneficial reuse of residuals including Bio-Solids and landfill gas; and
WHEREAS, the Authority can provide for the beneficial reuse of Bio-Solids by means
of the drying and pelletizing the Bio-Solids to produce a fertilizer product to be blended
with other fertilizer products for reuse, and
July 2, 2001 Draft
WHEREAS, the Authority can provide for such beneficial reuse by designing,
permitting, constructing and operating (or causing the designing, permitting, construction
and operation) a Biosolids Pelletization Facility (as defined herein); and
WHEREAS, the Board and the Authority mutually fmd it in the public interest to begin
the development of such a facility by proceeding with the permitting and preliminary
design phases of the Biosolids Pelletization Facility.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the
Board and the Authority agree as follows:
ARTICLE I - DEFINITIONS AND ENTIRE AGREEMENT
1.1' Defmitions
For the purposes of this Agreement, the following terms shall have the meanings set forth
below:
"Agreement Scope of Services" means those services set forth in Article II herein.
"Bio-Solids" or "Sludge" means the residual material t~om the Wastewater Treatment
Facilities.
"Biosolids Pelletization Facility" or "BPF" means the facilities to be permitted,
designed, constructed and operated or caused to be permitted, designed, constructed and
operated by the Authority for the purpose of processing Sludge into pellets for reuse as
fertilizer.
"Biosolids Pelletization Facility Development Costs" or "BPF Development Costs"
means all costs incurred by the Authority in order to perform the Agreement Scope of
Services. Those costs include, without limitation, the costs for: (i) preparing grant
applications, (ii) permitting of the Biosolids Pelletization Facility including, without
limitation, the preparation of permit applications and modifications, responding to agency
comments, attending public hearings and presentations, permit fees and the like
(including without limitation, any required modification to the Authority's Electrical
Power Plant Site Certification issued by the State of Florida); and (iii) all preliminary
design work necessary to support the above.
(SCRW~JT&DB)
"Participants" means the Cities Of Boca Raton, Boynton, Delray, Jupiter, Palm Beach
Gardens, North Palm Beach and Palm Beach Board, all of which are political
subdivisions of the State of Florida.
"Party" means either the Authority or the Board, or both, as the context of the usage of
such term may require.
July 2, 2001 Draft
"Total Estimated Funding Requirement" means the total amount of money shown in
the Estimated Funding Requirement column in the table contained in Article III herein.
"Wastewater Treatment Facilities" means thc wastewatcr treatment plants that the
Board owns, operates and manages, or causes to be operated and managed.
1.2 Entire Agreement
This Agreement constitutes the entire Agreement between the Authority and the Board
with respect to the matters comained herein. The Article and Section headings in this
Agreement are for convenience and reference only, and shall not be considered in
construing this Agreement.
ARTICLE H AGREEMENT SCOPE OF SERVICES
2. t Permitting
The Authority shall permit or cause to be permitted, the Biosolids Pelletization Facility.
The Authority shall obtain or cause to be obtained all permits associated with the power
plant site certification modification which can be obtained prior to the final design and
construction of the BPF. The BPF is to be constructed on the Authority owned site at Jog
Rd and 45th St in West Pall Beach Florida.
2.2 Preliminary Design In Support Of Permitting
The Authority shall develop, or cause to be developed, the preliminary design of the
Biosolids Pelletization Facility. To the extent practical, the preliminary design shall be
limited to developing the information and details necessary to support the permitting
effort. Such preliminary design shall be based upon the BPF being initially sized to
handle all current and projected generation of Bio-Solids l~om the Participants through
the year 2020. The BPF will be designed to be capable of providing a fully stabilized
pellet suitable for reuse in fertilizer applications.
ARTICLE HI - PAYMENT FOR PERFORMING THE AGREEMENT SCOPE OF
SERVICES
The Board shall pay the Authority for its share of the BPF Development Costs as those
costs are incurred. The Board's share of the BPF Development Costs are estimated at
$156,500 based on the following breakdown:
UTILITY
PBCWUD
ALLOCATION %
31.1
ESTIMATED
REQUIRMENT
$155,500
SCRWWTP 31.3 $156,500
BOCA RATON 16.6 $ 83,000
SEACOAST/SWA 12.5 $ 62,500
ACME/OTHERS 8.5 $ 42,500
TOTAL 100 $500,000
FUNDING
July 2, 2001 Draft
The Authority shall invoice the Board monthly, and the Board shall pay the Authority
within thirty (30) days from receipt of the invoice by the Board. The Authority's invoice
shall show: (i) the amount of the invoice; (ii) the total amount invoiced to date including
the current invoice; (iii) the percent of the above Total Estimated Funding Requirement
expended to the date of the invoice; (iv) the approximately percent completion of the
Agreement Scope of Services to the date of the invoice; and (v) a revised total estimated
funding requirement taking into account the work performed to date and the work
remaining to be performed to complete the Agreement Scope of Services.
When both: (a) eighty percent (80%) of the above Total Estimated Funding Requirement
has been expended by the Authority; and (b) the revised total estimated funding
requirement necessary to complete the permitting and preliminary design effort exceeds
the above Total Estimated Funding requirement, the Authority and the Board shall
negotiate and mutually agree to necessary and appropriate adjustments to this Agreement.
If the actual costs are less than the above Total Estimated Funding Requirement, the
Board's share will be reduced accordingly.
ARTICLE IV = MISCELLANEOUS
4.1 Term And Termination
This Agreement shah commence on the date first written above, and unless terminated
sooner by mutual agreement of the Parties, this Agreement shall terminate upon written
notice from the Authority to the Board stating that all permits required to be obtained
pursuant to the Agreement Scope of Services have been obtained and the Board has made
all payments required to be made pursuant to this Agreement..
4.2 Notices
Any notices required in this Agreement shall be sent in writing, certified mail return
receipt requested, to the Parties at the addresses listed below, unless either Party shall
inform the other Party in writing of any change in that address.
If to the Authority:
Solid Waste Authority of Palm Beach Board
7501 North Jog Road
West Palm Beach, Florida 33412
Attention: Director of Engineering
If to the Board:
South Central Regional Wastwater
Treatment and Disposal Board
1801 North Congress Avenue
Delray Beach, FL 33445
Attn: Executive Director
July 2, 2001 Draft
4
1N WITNESS WHEREOF, the SOLID WASTE AUTHORITY OF PALM BEACH
COUNTY, at a regular meeting thereof, by action of the Authority Board authorizing and
directing the forgoing to be adopted, has caused these presems to be signed by its
Executive Director, and its seal to be. hereto affixed, and the SOUTH CENTRAL
REGION WASTEWATER TREATMENT AND DISPOSAL BOARD has executed this
Agreement, all as of the day, month and year first above written.
SOLID WASTE AUTHORITY OF PALM BEACH COUNTY:
By:
Executive Director
Witness:
1.
Approved as to Form and Legal Sufficiency:
By: .
Conn~l to the Authority
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD:
Signing of this Agreement does not
obligate the Board to proceed with
construction without a future written
Agreement.
ARe~:
By:
Chair
SCRWWTP Board Clerk
Approved as to Form and Legal Sufficiency:
By:
Board Legal Counsel
Approved by Authority Board on
Approved by the Board of SCRWT&DB
on
,2000, hem~
July 19 ,2001, Item
G-4
July 2, 2001 Draft
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JULY 19, 2001
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on July 19, 2001, by a vote of 6-0, approve AUTHORIZATION TO ESTABLISH
WASTEWA TER USER RATE TO CITIES FOR FISCAL YEAR 2001/2002 AS FOLLOWS:
2001/'2002
OPERATZONS & MAZNTENANCE
$0. 575/1,000 GAL
RESERVES
$0,150/1,000 GAL
TOTAL
$0. 725/1,000 GAL
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this ~ day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
AGENDA #I (1)
WASTEWATER OPERATIONS: I4AINTENANCE ~ RESERVES FUND USER RATE m. PROJECTED REVENUES
Nor, e:
PRESENT
RATE
0.542511,0001gal
0.150011.000/gal
0.6925/1~000/gal
In order to fund present day proposed O St M budget of $3,339,000
and fund present reserve requirements, we recommend an increase
of 0.0325/1,000 gal for O ~ M only for a r~ral rare of 0.725/I,000 pl.
PROPOSED
RATE
O & M 0.575/1,0001gal O & M
Reserves 0.15011.0001pal Reserves
Total ~ Total
PROJECTED FLOW
MINIMUM. 15.9 mgd
AVERAGE 16.7 mgd
MAXIMUM 17.5 mgd
KATE
OPERATIONS St MAINTENANCE
$0.575011,000 GALS.
$0.b'750/1,000 GALS.
$0.575011,000 GALS.
$3,337,000
$3,505,000
$3,673,000
RESERVES FOR REPAIRS e~ REPLACEMENT
MINIMUM 15.9 mgd
AVERAGE 16.7 mgd
MAXIMUM 17.5 mgd
$0.1511,000 GALS.
$0.1511,000 GALS.
$0.15/1,000 GALS.
$875,000
$914,000
$958,125
RECLAIM USER RATE ~. pROJECTED ItEVENUES
Note:
Rare established by Contract alii Fiscal Year 2001/2002 ro be $0.20/1,000 pi
for reuse water and $O.O8/1,000 gal for storage. Income projecred this year
$323,000; Expenditures - $253,000. No increase in rate required.
Country Club of Florida
Delray Dunes
Hunters Run
Pine Tree
Quail Ridge
South Central Regional
0.20 $16,000 $26,000 $35,000
0.28 20,000 20,000 38,000
0.28 51,000 51,000 51,000
0.28 24,000 40,000 35,000
0.28 123,000 180,000 205,000
0.20 6.000 6,000 8.000
$240r000 323r000 $372~000
Io~us~budg01/b
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JULY 19, 2001
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on July 19, 2001, by a vote of 6-0, approve AUTHORIZATION FOR ACCEPTANCE
OF 2001/2002 WASTEWA TER AND RECLAIM 0 & M BUDGETS AND WASTEWA TER
REPAIR AND REPLACEMENT EXPENDITURES (Sinking Fund).
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this ~ day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
AGENDA ~/I (2)
SOUTH CENTRAL REGIONAL WASTEWATER TREAllqENT az DISPOSAL BOAItD
ANNUAL WASTEWATER, RECLAIM USER RATES az BUDGETS
200! - 2002
WASTEWATER
OPERATIONS .z MAINTENANCE BUDGETS
! 99 !-2002
DRAFT
1990~1 1998-1999 1999-2000 2000-2001 2000-2001 2001-2002
ACTUAL ACTUAL ACTUAL BUDGET ~ BUDGET
SUMMARY TOTAJ..S
PERSONNEL SERVICES $1,176,839 $1,102,885 $1,079,825 $1,207,000 $1,190,000 $1,294,000
OPERATING EXPENSES: 1,775,732 1,858,497 1,730,299 1,808,000 1,772,000 1,940,000
SERVICES 742,680 606,622 981,602 679,000 962,000 728,000
OPERATIONS/MAINTENANCE 755,934 552,523 707,232 734,000 768,000 805,000
CHEMICALS/SUPPLIES 277,118 399,852 341,465 395,000 $42,000 408,000
TOTAL PERSONNEL AND
OPERATING EXPENSES 2,952,071 2,761,383 2,810,124 3,015,000 2,962,000 3,234,000
OPERATING CONTINGENCY 0 0 0 50,000 0 50,000
ENGINEERING 132,867 90,000 44,128 55,000 22,000 55,000
TOTAL BUDGET ~;3T084~938 $2~851~383 ~2~854~252 $3~130~000 $2~984,000 $3T339~000
as of 06/29/2001
F;A(~ E 02
ACCOUNT
NC).
1212
12121
1214
12151
12152
1221
1223
12231
12232
12233
1224
1225
1236
1240
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
~ 1990-91 1998-1959 1999-2000 2000-2001
REGULAR WAGES $840,485 $776,000 $771,326 $853,0~
SICK LEAVE REDUCTIONS 9,920 24,680 3,122 6,000
OVERTIME 38,628 47,345 37,961 50,000
EMPLOYEE ASSIST. PROG. 691 574 594 1,000
PLANT PERFORMANCE 35,979 10,000 9,725 10,000
SOCIAL SECURITY 71,154 67,888 64,558 75,000
HEALTH INSURANCE 70,489 47,532 57,866 60,000
DENTAL I NSU RANCE 6,498 5,815 5,992 7,000
DISABILITY INSURANCE 8,325 5,546 5,630 7,000
LIFE INSURANCE 2,060 1,036 1,056 2,000
WORKERS' COMPENSATION 29,929 27,236 26,048 35,000
U NEMPLOYM ENT 885 1,715 2,289 2,000
PENSION 60,958 86,505 93,078 98,000
PAYROLL CONTINGENCY 338 1,014 680 1,000
TOTAL PERSONNEL
SERVICES $1,176,339 1,10_.__~2,886
2000-2001 2001-2002
4,000 6,003
1,000 1,000
10,000 10,000
7,000 7,000
6,000 7,000
1,000 2,000
0 1,(XX)
105,000 115,000
1,000 1,000
}1,207,000 ~;1,190,000 ~1 i294,000
PAGE 03
SOUTH CENTRAL. REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
ACCOUNT
NC:).
3100
3110
3112
3120
32OO
34OO
3402
3404
34O6
3410
3411
3412
35OO
1000-91 1998-1899 1999-2000 2000-2001 2000-2001 2001-2002
ACTUAL. ACTUAL ACTUAL BUDGET ~ BUDGET
MEDICAL SERVICES $81 $2,104 399 $1 ,OO0 $1,0OO $1 ,OO0
LEGAL (GENERAL & ADMIN) 30,452 5,427 10,126 17,OO0 17,000 25,d00
LEGAL (TOXICITY) 39,986 0 0 5,OO0 0 2,0OO
SERVICES (G & A) 19,564 9,942 5,173 9,000 7,000 9,000
AUDITING 16,497 18,000 21,081 20,000 20,000 24,000
PRETREATMENT 8,328 5,769 28,923 7,000 7,000 7,000
TOXICITY TESTING 14,375 17,837 18,284 20,000 17,000 12,000
CHEMICAL ~NALYSIS 2,145 3,753 3,818 4,000 10,000 10,000
METER CALIBRATION 7,028 6,453 7,016 8,000 8,0OO 8,000
SLUDGE HAULING 564,572 446,752 480,892 475,000 449,000 500,000
GRIT HAULING 20,897 41,408 58,449 55,000 75,000 76,000
TRASH HAULING 1 ,O68 0 0 2,000 1,000 2,000
SERVICES (0 & M) 17,687 48,577 47,441 56,000 50,000 50,000
TOTAL SERVICES $742,68(3 $606,022 ~ :~;79,000 $726,OO0
PAGE~
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
OPERATIONS/MAINTENANCE
A~CCOU NT 1990-91 1998 -1999 t 999 -2000 2000-2001 2000 -2001 2001-2002
NO. ~ ACTUAL ACTUAL ACTUAL BUDGET ~ BUDGET
4000 VEHICLE EXPENSE $6,996 $5,199 $6,055 $6,000 $8,000 $8,000
4020 BOARD CONTINGENCY 5,970 2,004 2,817 3,000 3,000 5,000
4100 TELEPHONE 9,158 12,189 12,664 12,000 12,000 12,000
4102 POSTAGE - 2,553 3,049 4,000 4,000 4,000
4300 ELECTRICITY 456,390 427,062 422,036 425,000 510,000 545,000
4302 WATER 8,930 11,626 11,134 12,000 12,000 12,000
4303 IRR. REUSE WATER 0 0 6,143 10,000 6,000 8,000
4400 EQUIPMENT RENTAL 520 1,725 98 2,000 1,000 2,000
4500 INSURANCE 81,089 98,854 73,108 120,000 105,000 81,000
4600 M & R EQUIPMENT 127,747 36,082 34,543 40,000 30,000 40,000
4620 M & R VEHICLES 5,130 4,742 6,439 7,000 6,000 8,000
4630 M & R GROUNDS 2,959 14,980 6,502 5,000 3,000 3,000
4640 M & R BUILDINGS 13,083 5,109 5,836 6,000 6,000 6,000
4650 M & R UNSPECIFIED 19,623 19,986 17,277 20,000 7,000 20,000
4900 ADVERTISING 1,115 1,699 1,762 2,000 2,000 2,000
4902 LICENSE & PERMITS 2,609 14,388 15,139 16,000 20,000 16,000
5400 MEMBERSHIP DUES & SUBSCRIP 2,123 6,776 6,902 9,000 10,000 10,000
5410 TECHNICAL TRAINING 8,706 2,501 1,716 5,000 3,000 8,000
5420 EDUCATIONAL EXPENSES 3,786 2,173 3,000 5,000 3,000 2,000
6400 CAPITAL ASSETS 0 12,995 71,012 23,000 17,000 14,000
TOTAL OPERATIONS/MAINT. $755,934 $652,623 $707,23~2 $734,000 $768,000 $806,000
PAGE 05
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
CHEMICALSISUPPUES
ACCOUNT
5100 OFFICE SUPPLIES
5201 SAFETY SUPPLIES
5202 GENERAL OPERATING
5203 JANITORIAL SUPPLIES
5204 LABORATORY SUPPLIES
5210 CHEMICALS
5220 OIL, FUEL, LUBRICANTS
5230 CONSTRUCTION MATERIALS
5240 UNIFORMS
5250 SMALL TOOLS < $500
5251 OFFICE EQUIPMENT < $500
5252 LAB EQUIPMENT < $500
TOTAL CHEMICALS/SUPPLIES
OPERATING EXPENSES (SUMMARY).
1990-91 1998-1999 1999-2000 2000-2001
ACTUAL A~TUAL ACTUAL BUDG~
$7,215 $4,442 $4,393 $6,000
14,442 4,649 3,765 4,000
16,337 18,414 19,561 20,000
4,890 1,211 1,374 2,000
16,839 30,302 28,751 30,000
191,474 317,987 258,963 301,000
6,727 9,247 13,498 15,000
2,749 1,731 1,074 3,000
4,488 6,093 5,941 8,000
7,347 3,025 3,055 3,000
2,488 1,656 330 2,000
2,122 1,095 750 1,000
$277,118
SERVICES $742,680 $606,022
OPERATI ONS/MAINTENANCE 755,934 652,623
CHEMICALS & SUPPLIES 277,118 399,852
2000-2001 2001-2002
$5,000 $5,0i)0
3,000 4,000
18,000 20,000
2,000 2,000
26,000 35,000
12,000 15,000
3,000 3,000
8,000 8,000
3,000 4,000
1,000 2,000
1,000 1,000
$081,602 $679,000 $662,000 $726,000
707,232 734,000 768,000 806,000
341,465 395,000 342,000 408,000
TOTAL OPERATING EXPENSES $1,775~732 $1 ~6581497 }1 ~7301299 ~1,808~000 :~1,772~000 ~1 ~940,000
PAGE 06
OPERATING CONTINGENCY
ACCOUNT
4990 OPERATING CONTINGENCY
TOTAl- OPERATING
CONTINGENCY
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
1990-91 1998-'1999 1999-2000 2000-200'1 2000.200'1 200t-2002
ACTUAL ACTUAL ACTUAL BUDG~ ~ ~
PAGE 07~ "
ACCOUNT
3150
3160
3162
3163
SOUTH CENTRAL. REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
1990-91 1998-1999 1999-2000 2000-2001 2000-2001 2001-2002
TOTAL ENGINEERING ~132,867 ~90,000 ~,44,128 ~6S,000 ~;22,000 ~,55,000
GENERAL $106,314 $80,000 $39,301 $55,000 $20,000 $50,000
BIOTOXIClTY 17,249 5,000 0 5,000 0 ' 0
PRETREATMENT 9,304 5,000 3,427 5,000 2,000 5,000
THERMAL SCREENING 0 0 1,400 0 0 0
SOUTH cENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
ACCT. NO, ~7,~7~Z~L[~J~
1212 REGULAR WAGES
12121
SICK PAY REDUCTIONS
1214 OVERTIME
Base wages - 23 Employees 4 Admimstrative
4 Lab & pretreatment
10 Operators
5 Maintenance
Includes 4% average merit pay increase
5% salary adjustment (7) employees
$80,000 for Reuse (28.00/hr)
Employees have the annual option to
cash out (at 50% payment) all sick days
in excess of fifteen (15) accrued in sick
day bank.
Shift coverage as required for plant
operations. Employees working over
40 hours per week (excluding sick hours)
are paid at time and a half.
12141 Hurricane Watch
12142 Maintenance
12143 Shift 1 Coverage
12144 Shift 2 Coverage
12145 Shift 3 Coverage
12146 Training
12148 Holiday Coverage
12149 Lab/Pretreatment
12150 Special Projects
DRAFT
2001~002
$980,000
Reuse ¢85.000)
Wastewater 895,000
6,000
3,000
5,000
6,000
6,000
6,000
2,000
16,000
4,000
2,000
50,000
12151 EMPLOYEE ASSISTANCE
PROGRAM
12152
PLANT PERFORMANCE
1221 SOCIAL SECURITY/
MEDICARE
1223
12231
BLUE CROSS~LUESHIELD
HEALTHINSURANCE
DENTAl. INSURANCE
Board cost' $2.25 per employee per
month. Provides family counseling and
referral services to employees and their
families.
Award given to those employees whose performance
has contributed to overall efficiency of Plant as
recommended by Executive Director and approved
by the Board.
Employer's estimated cost: 7.65%
currently = Social Security - 6.2%;
Medicare - 1.45%.
Board cost per employee is estimated ~
$310.00 monthly. (Dependent coverage
not provided by Board).
Board cost per employee: $26.00 monthly
(Dependent coverage not provided by
Board).
1,000
10,000
79,000
85,000
7,000
AS OF 06/292001
pERSON'NEL .{_Gont.).
.ACC:I'. NO,
200-2002
12232
DISABILITY INSURANCE
Long term disabil~ insurance provided
by the Board at approximately 1% of 40 hour
base pay per employee.
Cost: $0.66/$100.00 compensation.
7,000
12233
LIFE INSURANCE
Board provides $10,000 life insurance.
$.40 per $1,000.
2,000
1224
WORKERS' COMPENSATION Cost per employee based on a 40 hour
base pay.
35,000
1225
UNEMPLOYMENT
Paid on a reimbumable basis according
to claims received.
1,000
1236
PENSION
Defined Board contribu~on based on 40
houm base pay for participants plus
administrative fees.
115,000
1240
,PAYROLL CONTINGENCY
Employee annual appreci~on dinner
and luncheons (i.e.: retirements,
recognitions, and safety awards).
1,000
TOTAL PERSONNEL $1,294,000
OPERATING EXPENSES: SERVICES; MAINTENANCE; CHEMICALS & SUPPLIES
ACCT. NO. ~Tc0~[I~]ILE ~
2001-2002
3100
MEDICAL SERVICES
Employee physicals, drug screens
$1,000
3110
LEGAL (ADMIN & LABOR)
3112 LEGAL (TOXICITY)
3120 SERVICES:
General & Administrative,
3200 AUDIT FEES
Attorney fees:
31101 Admin - Federspiel
31103 Pension - Richard Burke
31104 Lewis, Longman & Walker
Continuing Operational Permit Legislation
31121 Federspiel
31125 Lewis, Longman & Walker
31201 Accounting & Bookkeeping
31202 Computer Consultant
31206 Copier Maint Contract
31208 Others
32001 Annual Audit and special Pension Audit
$20,000
4,000
1,000
1,000
1,000
3,000
2,000
2,000
2,000
25,000
2,000
9,000
24,000
3400
PRE-TREATMENT PROGRAM
3402 TOXICITY TESTING
3404
SLUDGE, LIQUID, CHEMICAL
ANALYSIS TESTING
Monitoring of program; required quarterly
effluent; influent and sludge priority
pollutant scans, sample permitted facilities,
newspaper publications.
EPA/DEP: Discharge permit requires
acute toxicity testing and chronic
toxicity testing
(1) Fecal, copper, and cyanide - monthly; (6)
heavy metals.
(2) Grease samples and 1 distilled water yearly
(3) Industry standards for certification
7,000
12,000
10,000
3406
METER CALIBRATION
FLORIDA SERVICE
3410 SLUDGE HAULING
Calibration of transmitters, totalizers,
recorders, and flowmeter pump as required.
$30.77/1,000 gallons hauled. Est. 8 loads per
day average; haul based on short distance.
8,000
500,000
3411 GRIT HAULING 55 trips @ $950.00 per trip, 40 trips ~ 600.00 per trip. 76,000
· DPER~,TING ,EXPENSES: SERVICES; MAINTENANCE; CHEMICALS & SUPPLIES (cont.)
ACCT. NO. ~JbL[_~[~J.~ DESCRIPTION
BUDGET
3412
TRASH AND HAULING
Tipping fee for trash hauhng.
2,000
35OO
SERVICES:
Operations, Maintenance, &
Professional
35001 Centrifuge
35002 Air Scrubbers Balancing
35003 Generators
35004 Lawn Maintenance
35005 Admin. Building Cleaning
35006 Lab Equipment Calibraaon
35008 Other
35009 Contract Labor
15,000
2,000
5,000
18,000
6,000
1,000
2,000
1,000
50,000
TOTAL SERVICES $726,000
OPERATING I~XPENSES: SERVICES; MAINTENANCE; CHEMICALS & SUPPUES
_.O pI~RATIONSIMAINTENANC E
ACCT. NO. ACCT. TITLE
4000 VEHICLE EXPENSE
DESCRIPTION
Lease vehicle; Mileage reimbursement
$0.34.5/mile; Fuel for company vehicles
1 leased automobile.
40001 Leased Vehicle
40002 Mileage Reimbursement
40003 Fuel for Vehicles
4020
BOARD CONTINGENCY
Public relations, good will tours, floral
arrangements or fruit baskets, cards for
illnesses or funerals, and miscellaneous
business expenses:
40201 Board Expense: Appreciation
40202 Board Expense: Meals and Entertainment
40204 Board Expense: Travel, Lodging
4100
TELEPHONE EXPENSE
4102 POSTAGE
4300 ELECTRICITY
4302
4303
4400
4500
WATER CONSUMPTION
IRR REUSE WATER
EQUIPMENT RENTAL
INSURANCEEXPENSE
Monthly base fees and long-distance usage
including Fax machine, 3 cellular phones and E-mail.
U.S. Mail
$.0607 per KWH including surcharge for
peak usage
Budgeted for 500,000 gallons/month
Irriga13on water cost 4,000,000 gal/month {~ $.20/1000
Cranes, various equipment, and instru-
ments as required in maintenance and
operations.
45001 Property Liability Package (B & M) (EDP)
45002 Vehicle Insurance
45003 Public Officials and Employees
Liability
45004 Fidelity and Public Officials Bond
45007 Petroleum & Tank Liability
4600
M & R EQUIPMENT
Annual repair items for pumps and plant
equipment:
46001 Influent Building
46002 Aerators
46003 Blower Building
46004 Scrubbers
46005 Clarifier
46006 Return Building
46007 Chemical Building
46008 Chlorination
46009 EQ Building
46010 Effluent Building
46011 Shop Building
46012 Office Building
46013 Dechlorination
46014 Mscellaneous (GMS)
46015 Operators Office
46016 Lime Silo
$4,000
1,000
3,000
1,000
1,000
3,000
65,000
7,000
6,000
2,000
1,000
3,000
2,000
4,000
4,000
1,000
3,000
5,000
1,000
1,000
1,000
1,000
1,000
1,000
10,000
1,000
1,000
2001-2002
BUDGET
se, oo.o
5,000
12,000
4,000
545,000
12,000
8,000
2,000
81,000
$40,000
OPERATIONSIMAINTP-NANCE Icont.)
ACCT. NO. ~
2001-2002
4620 M & R VEHICLES
Annual repairs for vehicles:
46201 Trucks and Tractor
46202 Leased Auto
46203 Sewice Carts
46204 Boom Lift
46205 Other
3,000
5OO
3,000
1,000
5OO
8,000
4630 M & R GROUNDS
Landscaping, sprinkler systems, retention
ponds, piping, ferlil=er, etc.
3,000
4640 M & R BUILDINGS
Painting, Repair or replacement of doors,
screens, locks, windows, ceiling tiles, bulbs
electrical, plumbing, and lighting.
6,000
4650
M & r UNSPECIFIED
Funds for emergency or unidentified
equipment deficiencies that require upgrade
or improvement in operation.
20,000
4900 ADVERTISING
Advertisement and legal ad allowance
related to plant operation or bids and
public notices.
2,000
4902
LICENSES AND PERMITS
STATE
Lab Cerfificabon
Operating Permit
Storage Tank
Risk Management
1,000
7,500
50
1,000
16,000
9,550
PALM BEACH COUNTY
Air Pollution Licenses
Wellfield Permit
Storm Water
Tags on Trucks
Wastewater
100
75
500
200
2,150
CITY & SPECIAL DISTRICT
Solid Waste Assessment/Lake Worth Drainage
Special Distnct Fee
Other
3,025
2,400
175
850
3,425
6~00
MEMBERSHIP DUES AND
SUBSCRIPTIONS
Dues - Professional organizations
Professional Registration and licenses, journals
and subscriptions.
10,000
OPERATtONSIMAINTENANCE (cont.)
2001-2002
5410
5420
6400
TECHNICAL TRAINING
EDUCATIONAL EXPENSES
CAPITAL ASSETS
Operators' Short Schools, Regional schools,
Lab Technical, and Quality Assurance
Short Schools; Personnel Seminars and
technical conferences; computer classes
54101 Conferences
54102 Meals
54103 Travel & Lodging
54104 CEU courses
Classes, books & fees.
Pumhase of needed Assets Required for
Continuous Operation and not amorit~zed in
Sinking Fund
64014 Air compressor for shop
64015 Trash pump
64016 Used Golf Cart
64017 Sampler for lab
2,000
1,000
2,000
3,000
3,000
3,000
3,500
4,500
8,000
2,000
14,000
TOTAL OPERATIONS/MAINT. $806,000
(~PERATING E~,PENSES: SERVICES: MAINTENANCE: CHEMICALS & SUPPLIES
CHEMICALS ,~ND SUPPMES
ACCT. NO. ACCOUNT TITLE
2001-2002
5100 OFFICE SUPPLIES
5201 SAFETY SUPPLIES
Copier paper, stationery,
business cards, check pdnfing,
general office supplies, & necessities.
Gloves, protective glasses, face shields,
hearing protection, overboots, ear-plugs,
muffs, emergency eye wash, cartridge respirators,
gas cartridge, sterile storage bags for resp-
irators, disinfection systems for respirators,
fit test ampoules, respirator storage cabinets,
disposal respirators, chemical spill absorb.
ents, oil sorbent, liquid chemical neutrals, ers,
barricade tape, hazardous materials response
kit, salvage drum, diffusion detector tubes,
signs, labels, tags, first aid supplies, fire
extinguishers and accessories, hazardous
area I~ghts, emergency small tools, safety
charts, books.
6,000
4,00.0
5202 GENERAL OPERATING
SUPPLIES
5203
5204
JANITORIAL SUPPLIES
LABORATORY SUPPLIES
Operating supplies, raingear, hard-hats,
boots, drager tubes, gloves, hoses,
flrehoses, chart pens, charts, DO maters,
sludge jugs, flags, coffee supplies, water
cooler supplies, batteries, hurricane supplies,
and other miscellaneous supplies.
Mops, brooms, paper goods, brushes, all
necessary janitorial cleaning supplies.
Laboratory upgrades and replacements.
Reagents, glaesware, replacement of equip-
ment, apparatus. Lab supplies consumed by
testing procedures including Chlorine Tes~ng.
20,000
2,000
35,000
5210 CHEMICALS
52101 Polymer: 68,500 lbs ~ $1.24/Ib.
+ $35,000 for new centrifuge usage
52102 Lime: Calculated 620 tons ~ $105.00
per ton.
52103 Chlorine: 220 tons ~_. $300.00/ton.
52104 Bisulfite: 345,000 lbs. @ $.10/lb
52105 Misc. Chemicals
52106 Caustic 8,500 gal ~$1.42 per gal
52107 Sulfuric Acid 165,000 lbs. {i~ $.06/1b.
$120,000
65,000
66,000
34,000
2,000
12,000
9,000
308,000
CHEMICALS AND SUPPLIES (conL}
ACCT. NO. ~
DESCRIPTION
2001-2002
5220
5230
OIL, GREASE, DIESEL, AND
LUBRICANTS
CONSTRUCTION MATERIAL
5240 UNIFORMS
525O
5251
SMALLTOOLSAND EQUIP-
MENTPURCHASE
OFFICEEQUIPMENT
5252 LAB EQUIPMENT
TOTAL CHEMICALS AND
SUPPLIES
10,000 gallons Diesel fuel for generator, gas,
grease, oil, and lubricants for pumps and
mowers.
Walkways, signs, fencing, rails, platforms,
small shelters, concrete, etc. Additional office
and storage units.
Board participates 50% in uniform rental.
Board cost: $7.50/week Provides five (5)
new sets of uniforms to non-renters each year
basis cost of $200.00 per employee.
Approved protective safety shoes. $85.00
employee per year. Annual prescription Safety
Glasses: $75.00.
Handtools, drills, b~s, files, small toolboxes,
electrical equipment, and small maintenance
tools < $750.00 value.
Filing cabinets, chairs, calculators, adding
machines, office mats, sheives, printers,
tables < $750.00 value.
Magn~c stirrers, automatic titration attach-
ment, oxygen probe, and small equipment
< $750.00 value
15,000
3,000
8,000
4,000
2,000
1,000
$408,000
ACCT. NO.
3150
GENERAL
31501 Permit Assistance
31502 Process Co ntrol
$25,000
25,000
2001-2002
$50,000
3160
BIOTOXICITY
3162
PRE-TREATMENT
5,000
5,000
TOTAL ENGINEERING
$55,000
$3,339,000
GRAND TOTAL BUDGET:
WASTEWATER RESERVE
200 !/2002
FUND
(REPLACEMENT & REPAIR FUND)
SPARE RECLAIM BLOWER
CENTRIFUGE REPLACEMENT PARTS
SAFETY RAILING RECLAIM FILTERS
TOTAL:
$15,000
12,000
8,000
$35,000
Iotus~resen~l
'SOUTH CENTRAL REGIONAL WASTEWATER TREATHENT ~: DISPOSAL BOARD
ANNUAL RECLAINED BUDGETS: ACTUAL, BUDGETED, PRO]ECTED
2001-2002
ACCOUNT 1998-99 1999-2000
NO. DESCRIPTION ACTUAL ACTUAL
R 1212 REGULAR WAGES $69,468 $73,103
R 31101 LEGAL 487 150
R 31502 ENGINEERING 0 1,goo
R 32001 AUDIT 2,000 2,000
R 3402 TESTING 5,270 5,t 24
R 3406 METER CALIBRATION 582 0
R35004 SERVICES (LAWN MAINT) 6,445 10,267
R 4300 ELECTRICITY 102,062 92,76t
R 45001 INSURANCE 1,597 4,367
R 46014 M & R EQUIPMENT 1,939 7,708
R 4640 M & R BUILDING 0 1,213
R 4902 LICENSES & PERMITS 0 t8
R 6204 SUPPLIES LAB 3,360 4,884
R 52103 CHEMICALS CHLORINE 32,829 31,069
2000-2001
$72,000
1,000
6,000
2,000
6,000
2,000
12,000
80,000
6,000
5,000
1,000
f1,000
5,000
35,000
2000-2001
PROJECTED
$78,0OO
500
2,000
4,000
4,500
50O
12,000
80,OO0
6,000
9,500
1,000
0
6,000
39,000
8226,139 t236A60 $232,0OO ~62,000
LOTU~REBUD01
2001-2002
BUDGET
$85,000
5,000
5,000
2,000
6,000
2,000
12,000
110,000
7,000
t 0,000
1,000
1,000
6,000
40,000
~291 wOO0
· SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
~ECLAIM BUDGET
ACCT. NO. ACCOUNT TITLE ~
R 1212
REGULAR WAGES
Reuse charged ($28.00/hr)
for work performed on system
R 31101 LEGAL
Atttomey fees associated with
reuse
R 31502
ENGINEERING
Engineering fees associated
with reuse
R32001 AUDIT
Audit fees for reuse
R3402 TESTING
Costs associated for lab fee
required by DEP
R 3406
METER CALIBRATION
Calibration of transmitters,
totallizers, recorders as required
R 35004 SERVICES
Cost incurred for maintenance
of grounds associated with reuse
R 4300 ELECTRICITY
per KWH including surcharge for
peak usage
R 45001 INSURANCE
Property liability package for
reuse covered under plant
policy
R 46014
M & R EQUIPMENT
Annual repair items for reuse
pumps & equipment
R 4640
R 4902'
M & R BUILDINGS
LICENSE & PERMITS
Cost incurred for repair of reuse
buildings
Cost for State & local reuse
permits
R 5204 LAB SUPPLIES
Lab supplies consumed for
testing required by DEP
for reuse
R 52103 CHEMICALS
Chlorine t33 tons ~ $300
per ton
2001-2002
BUDGET
$85,000
8,000
5,000
2,000
6,000
2,000
12,000
110,000
7,000
10,000
1,000
1,000
5,000
40,000
TOTAL BUDGET:
$291,000
AS OF 610612001
Iotus~=BRK0t
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JULY 19, 2001
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on July 19, 2001, by a vote of 6-0, approve AUTHORIZATION FOR ACCEPTANCE
OF 2001/2002 ORGANIZATIONAL CHART.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this ~ day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
,Approve as to form:
City Attorney
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
~CITY MANAGER
AGENDA ITEM # ff'/~ - REGULAR MEETING OF AUGUST 7, 2001
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE:
AUGUST 3, 2001
Attached is the Report of Appealable Land Use Items for the period July 23, 2001 through August
3, 2001. It reforms the Commission of the various land use actions taken by the designated boards
that may be appealed by the C~ty Commission.
Recommend review of the appealable actions for the period stated. Receive and file the report as
appropriate.
Re f'Apagmemo/Appealables/08.07.01
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGER
PAUL DORLING, DIRECTOR OF PLANNING AND ZONING
REPORT OF APPEALABLE LAND USE ITEMS JULY 23, 2001 THRU
AUGUST 3, 2001
The action requested of the City Commission is that of review of appealable actions
which were made by various Boards during the period of July 23, 2001 through August
3, 2001.
This is the method of informing the City Commission of the land use actions, taken by
designated Boards, which may be appealed by the City Commission. After this
meeting, the appeal period shall expire (unless the 10 day minimum has not
occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City
Commission hears appeals of actions taken by an approving Board. It also provides
that the City Commission may file an appeal. To do so:
1. The item must be raised by a Commission member.
2. By motion, an action must be taken to place the item on the next meeting of the
Commission as an appealed item.
Ao
Approved (6 to 0, Perez-Azua absent), a request for a color change for
Lighthouse at Delray Beach, an existing multiple family building, located on the
west side of SW 1st Avenue, south of SW 1st Street (124 SW 1st Avenue).
Approved (6 to 0), a request for a color change for Auto Palace, Inc., an existing
commercial building located on the west side of SW 15th Avenue, north of SW 10th
Street (954 SW 15th Avenue).
Approved (6 to 0), a request for a color change for Alta Meadows, a proposed
multiple family residential development within the Waterford Park SAD (Special
Activities District), located at the southwest corner of Lindell Boulevard and SW
10th Avenue.
City Commission Documentation
Appealable Items Meeting of August 7, 2001
Page 2
Granted (6 to 0), a request to extend the time limit for an additional 18 months for
Parkside Townhomes, a proposed 165-unit rental townhouse development,
located on the east side of Coral Trace Boulevard, approximately 1,100 feet north
of West Atlantic Avenue.
Approved (6 to 0), the architectural elevation plan associated with the installation of
window awnings on the second floor for 1185 East Atlantic, located at the
northwest corner of East Atlantic Avenue and Andrews Avenue.
Approved (5 to 1, Eliopoulos dissenting), the architectural elevation plan and a
color change for Delray Cycle, a proposed commercial building located on the
east side of Dixie Highway, approximately 1,500 feet south of Gulf Stream
Boulevard, (to the rear of Badcock Furniture).
Approved (6 to 0), a Class II site plan modification, and architectural elevation plan
associated with the construction of a new 1,750 sq. ft. truck holding building at the
Regional Wastewater Treatment Facility, located on the east side of Congress
Avenue, south of the L-30 Canal.
Approved with conditions (6 to 0), a Class II site plan modification, landscape plan
and architectural elevation plan for Palm Beach County Bank within the Delray
Town Center, located at the northeast corner of Linton Boulevard and Military Trail.
Concurrently, the Board granted a waiver reducing the stacking distance for the
drive-through lanes from 100 feet to 80 feet.
Other Items
The Board supported the request to enlarge the existing flat wall sign on the east
elevation at ABC Carpet, located at 777 South Congress Avenue and forwarded
the item to the City Commission for their consideration.
Approved (6 to 0, Keller absent), a request for a Certificate of Appropriateness
associated with a construction of a swimming pool, fence and gazebo at a
contributing single family residence located at 1104 Nassau Street. Concurrently,
the Board granted a waiver reducing the setback for the pool deck from 5 feet to 3
feet from the east property line.
The Board also granted variances, reducing the rear setback from 10 feet to 4 feet
and the side interior setback from 7.5 feet to 3 feet.
Approved (5 to 0, Bodker abstained), a request for a Certificate of Appropriateness
associated with substituting impact resistant colonial shutters for decorative wood
shutters for the Cohen Office Building, located at the southeast corner of NW 1st
Street and NW 1st Avenue (75 NW 1st Avenue).
City Commission Documentation
Appealable Items Meeting of August 7, 2001
Page 3
Approved (6 to 0), a request for a Certificate of Appropriateness associated with
modifying the approved architectural elevations for the Patrick Lynch Residence,
located at the northwest corner of Nassau Street and Ocean Boulevard ( 226 S.
Ocean Boulevard). The Board tabled the pre-construction request for ad-valorem
tax relief.
Continued (6 to 0), a request for a Certificate of Appropriateness associated with
the demolition of an existing non-contributin~ residence and construction of a new
single family residence located at 3'19 SE 7'" Avenue. The Board tabled the item
in order to allow the applicant to simplify the design of the structure.
Approved (6 to 0), a request for a Certificate of Appropriateness associated with
improvements to the building fa~:ade for the Masonic Temple Building, located at
the southwest corner of East Atlantic Avenue and SE 1st Avenue (40-44 E. Atlantic
Avenue and 10 SE 1st Avenue).
Approved (5 to 0, Sloan abstained) a request for a Certificate of Appropriateness
associated with the installation of a perimeter fence for a single family residence
located at 603 SE 4th Street (northwest corner of SE 7th Avenue and SE 4th
Street). Concurrently, the Board granted a waiver to reduce the sight visibility
triangle from 40 feet to 15 feet at the intersection of SE 7th Avenue and SE 4th
Street.
=
Approved (6 to 0), a Class II site plan modification, landscape plan, architectural
elevation plan and a Certificate of Appropriateness associated with the demolition
of an existing non-contributing utility building and construction of a 1,524 sq. ft.
sq. ft. office building addition at St Paul's Episcopal Church, located at the
northwest corner of S. Swinton Avenue and SW 2nd Street (118 S. Swinton
Avenue).
Other Items
Recommended on a 6 to 0 vote, to the Florida National Register Review Board that
the Sandoway House, located on the west side of Ocean Boulevard, south of
Miramar Street (142 S. Ocean Boulevard), be listed in the National Register of
Historic Places.
No Regular meeting of the Board was held during this period.
By motion, receive and file this report.
Attachment:
· Location Map
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting-
AUGUST 7, 2001
CANAL
IJICT~
$.P.R.A.B:
A. LIGHTHOUSE AT DELRAY BEACH
B. AUTO PALACE, INC.
C. ALTA MEADOWS
D. PARKSIDE TOWNHOMES
E. II85 EASTATLANTIC AVENUE
F. DELRAY CYCLE
G. REGIONAL WASTEWATER
TREATMENT FACILITY
H. PALM BEACH COUNTY BANK
H.P.B.:
t. 1104 NASSAU STREET
2. COHEN OFFICE BUILDING
3. THE PA TRICK LYNCH RESIDENCE
4. 319 S. E. 7TH AVENUE
5. MASONIC TEMPLE BUILDING
6. 603 S.E. 4TH STREET
7. ST. PAUL'S EPISCOPAL CHURCH
......... CITYUMffS
ONE MILE
GRAPHIC SCALE
CITY OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
2001
ADMINISTRATIVE SERVICES
MEMORANDUM
TO:
FROM:
SUBJECT:
David T. Harden, City Manager
/Robert A. Barcinski, Assistant City Manager
Agenda Item City Commission Meeting August 7, 2001
Bid Award - Police Patrol Vehicles
DATE: August 2, 2001
Action
City Commission is requested to approve the purchase of ten (10) 2001 Ford Crown
Victoria police package patrol vehicles from Don Reid Ford, Inc. in the mount of
$246,150 under the Pembroke Pines contract number PSPW00-05. Funding is available
with City Garage fired prior year's surplus.
Background
We are proposing the purchase often (10) new 2001 Ford Crown Victoria's at this time
as part of the Police Department take home vehicle program. The vehicles are
immediately available and would allow us to start the program with a portion of the
vehicles needed. It is my understanding that we have been requested to provide twenty of
the vehicles needed next fiscal year. The cost of the vehicles includes the 5 year/75,000
mile extended warranty.
Recommendation
Staff recommends approval of the purchase of ten (10) 2001 Ford Crown Victoria's in the
amount of $246,150 under the Pembroke Pines contract number PSPW00-05 with
funding to come from prior years City Garage fund surplus.
RAB/tas
Cc:
Major Schroeder
Jackie Rooney
Bill Darty
File:u:sweeney/agenda
Doc Bid Award Police Vehicle Aug 7, 2001 agenda
ADMINISTRATIVE SERVICES
MEMORANDUM
TO:
FROM:
SUBJECT:
David T. Haxden, City Manager
'/Robert A. Barcinski, Assistant City Manager
Agenda Item City Commission Meeting August 7, 2001
Bid Award - Police Patrol Vehicles
DATE: August 2, 2001
Action
City Commission is requested to approve the purchase of ten (10) 2001 Ford Crown
Victoria police package patrol vehicles from Don Reid Ford, Inc. in the amount of
$246,150 under the Pembroke Pines contract number PSPW00-05. Funding is available
with City Garage fund prior year's surplus.
Background
We are proposing the purchase of ten (10) new 2001 Ford Crown Victoria's at this time
as part of the Police Department take home vehicle program. The vehicles are
immediately available and would allow us to start the program with a portion of the
vehicles needed. It is my understanding that we have been requested to provide twenty of
the vehicles needed next fiscal year. The cost of the vehicles includes the 5 year/75,000
mile extended warranty.
Recommendation
Staff recommends approval of the purchase of ten (10) 2001 Ford Crown Victoria' s in the
amount of $246,150 under the Pembroke Pines contract number PSPW00-05 with
funding to come from prior years City Garage fund surplus.
RAB/tas
Cc:
Major Schroeder
Jackie Rooney
Bill Darty
File:u:sweeney/agenda
Doe Bid Award Police Vehicle Aug 7, 2001 agenda
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
~SCITY MANAGER
AGENDA ITEM ~ - REGULAR MEETING OF AUGUST 7, 2001
AWARD OF BIDS AND CONTRACTS
AUGUST 3, 2001
This is before the City Commission to approve the award of the following bxds and contracts:
Purchase award to Don Reid Ford, Inc., in the amount of $246,150.00 for ten (10)
2001 Crown Victoria Police Patrol Vehicles via the Pembroke Pines Contract
#PSPW00-05. Funding is available from 501-0000-248-21.00 (Reserve for Capital
Purchases)
Recommend approval of the bids and contract awards listed above.
Ref'Bxd Agmemo 08 07 01
Phone (407) 644-7111
PROPOSAL
RECEIVED
JUL 3 0 2001
CITY MANAGER
Io CITY OF DEL. RAY BCH POtJCE DKPT
Address
Quantity
Description
DATE .~5-15-pl. ......
Attention of __ .,~//
City and State , D'~/-, ~ 7~- --~-'~*~'
Price
PER PEMBROKE PINES
BID
1:5 o0-o
DEI,1VERY APROX 6-25-01
SUBJECT TO PRIOR SALE!!!
2001 FORD CROWN VICTORIA POLICE SEDAN
4.6 LITER V-8
AUTOMATIC OVERDRIVE TRANSMISSION
P225 POLICE TIRES
FULL SIZE SPARE
H.D. FLOOR COVERING
TINTED GLASS
BODYSIDE MOLDING
REMOTE TRUNK RELEASg
HUB CAPS
LEFT HAND SPOTLIGHT
DISABLED COURTESY LAMPS
REAR VINYL SEAT
CLOTH BUCKET SEATS
POWER WINDOWS AND LOCKS
TILT STEERING WHEEL
RADIO SUPPRESSION PKG
UNIT PRICE 20,830.00
TERMS: Settlement upon Delivery: Cash
mechanical condition:
ABOVE
and the following described property in present
for which a trade allowance of $_
NONE wdJ be made.
We thank you for the opportunity to make this proposal and will appreciate your acceptance, AcceptanCe of this pro-
posal will not be binding upon us until this proposal is approved hereon in writing by an official of Don Reid Ford, Inc.
Return of one copy of this proposal and your purchase order or order number constitutes your official acceptance.
P.O. #
ACCE?T[D
FIRM NAME
~¥
O~FIC~AL AND TITLE
Respectful
DON R:
BY
MANAGER
TITLE
· -- 1B7SS ORLANDO AVE , MAITt.aND. FL3275!-PO BOX940005*MAITLANO FL32794-0005 ............. ....... "~
Phone (407) 644-7111
PRO. POSAL
Address
CI_T~ OF. DE.LP, AY Bc~I
Quantity
Description
DATE: ~.l-=f)l
Attention of,
City and State
Price
FORD EXTENDED WARRANTY 5/75,000 MILES
ON ANY 2001 FORD C/V POLICE PKG.
WITH ZERO DEDUCTABL£ 3785.00
TERMS: Settlement upon Delivery: Cash ,, . A3OVE
mechanical condition:
and the following described property in present
for which a trade allowance of $ NONE
........ will be made.
We thank you for the opportunity to make this proposal and will appreciate your acceptance. Acceptance of this pro-
posal will not be bmdin§ upon us until this proposal is approved hereon in writin$ by an official or' Don Reid:Ford, Inc.
Return of one copy of this proposal and your purchase order or order humber constitutes your official acceptance.
RO. #
ACCEPTED
DATE
FIRM NAME
8¥_
oFFICIALAND TITLE
,, - 1875 8. ORLANDO AVE · MAITLAND. FL32751 · P.O, SOX 1~,0005 · MAJTLAND, FL 32794--00~5 ~: ............ -.=..
AGENDA REQUEST
Request to be placed on:
X Regular Agenda Special Agenda
When. August 7, 2001
~ Agenda Item No: ~
Workshop Agenda
Description of agenda item (who, what, where, how much): City Commission is requested to
approve the purchase of ten (10) 2001 Ford Crown Victoria police package
patrol vehicles from Don Reid Ford, Inc. in the amount of $246,150 under the
Pembroke Pines contract number PSPW00-05. Funding is available with City
Garage fund prior year's surplus.
ORDINANCE/RESOLUTION REQUIRED YES/NO Draft Attached: YES/NO
Recommendation: App r oval.
Department Head Signature: ~----~f~.~ ~~
Determination of consistency with Comprehensive Plan:
City Attomey Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding Available(~O
Funding alternatives: (if aplplicable) ,
Account No. & Description: 30[ (~) ~Q.'-~['~P_X'F~ Mr0 61~.q~._ 6~CCO0fl-'~ '
City Manager Review: ~_
Approved for agenda:~.~O
Hold until:
Agenda Coordinator Review:
Received:
Action:
Approved/Disapproved
ADMINISTRATIVE SERVICES
MEMORANDUM
TO:
FROM:
SUBJECT:
David T. Harden, City Manager
~Robe~ Barcinski, Assistant City Manager A.
Agenda Item City Commission Meeting August 7, 2001
Approval License Agreement
DATE: August 2, 2001
Action
City Commission is requested to approve a license agreement between the City, the
Buckey Dent Baseball School, Inc. and the Sunshine Charter School, Inc. for the
temporary use of the baseball school's facilities for the Cultural Arts Institute of Boca
Raton Charter School from 8/13/01 thru 11/01/01.
Background
Attached are requests from the Buckey Dent Baseball School and the Sunshine Charter
School, Inc. to authorize the use of the Baseball Schools facilities on a temporary basis
by the Charter school.
Attached is a license agreement prepared by the City Attorney. The agreement would
terminate no later than 12/31/01.
Recommendation
Staff recommends approval of the license agreement between the City of Delray Beach,
the Buckey Dent Baseball School, Inc. and the Sunshine Charter School, Inc.
RAB/tas
Cc: Joe Weldon
Flle:u'sweeney/agenda
Doc:Approval License Agreement/Baseball School & Sunshine Charter School
~ug-Ol-O1
].'1:45A P.O~
!Cultural Arts Institute of Boca Raton
6870 No~h F~al H~gl~w~y, tioca R~ron, FL 33487
561 39a ~1939
Augu.~t 1,
Mr. Lk~b Ba~inski.
Acting City Matmiger
Ci~ of Dclmy Beach
50 NWI~ Avcn~
Delray Beach, Florida
Lk~.ar Mr, Barcinski:
l'hJ,~ letter requests permission Iix~m the City of Delmy Beach for Sun~hme
Chaxter Sch(x~l, [nc. (DBA The Cultural A-ts Institutc of Boca Raton) to enter [n~o a
short-term lea.sc arrangement with BDBBS, Inc. (DBA Bucky Dent's Baseball
School) dunng the estimated dates of August 13, 2001 through November I, 2001.
The Cultural Arts Institute of Boca Raton is a charter school approved by the
Palm Beach County Schcx~ls to serve a maximum of 175 students in grades 4, 5 and
6. W~; will follow the sozne calendar as the Palm Beach county schools and will
operate a ~hool clay of ~:30am through 2:30pm. We anticipate stall' hours to be
from 8:00,'un until 3:30pm. Students atlctMJng the m,hool will prltnarily live in the
Delmy Beach and Boca Ruton communities.
Our ~em building, located at 6870 N. Federal Highway in Boca Raton
is currently under renovation and is expected to be ready for ~x~¢upaney on October
15, 2LK} 1. As .,a~on as the building is completed, we will relocate the .~.'hool into that
facility.
perrmssion to utilize the BDBBS lacility at 490 Dotterel Road will allow the
school to open on time and provide top quality educational services to our
comanunitiea. We sincerely appreciate your consideration of this request and will be
extremely gratethl to the City of Dclray Beach Iht a.~sisting us in m~ting the nceds
ol'm~a children,
MosLs.~cercly,
490 Dottere; P.~ ,,
Defray Beach,
(551) 265-0280
www.dentbaseb,,
~lll~llll~l~l~ee~ ,,~ _-2 -717 ...... . ....
,,... the world's premier
Biseb~/! School.'
278-6679
August 1, 2001
Melqlorarldu~ ~' ,:
Prom:
Bob Barcinski, Acting City Manager
Thc City of I)elray Beech
Lar'~ Hoskin, Vice President & Oeneral Manage,'
Bucky Dent's Baseball School
BbBB$, lr~c avd The Falls of I::)elray (d/b/a Bucky bent's Baseball School),
490 Ootteret Road, Delray Beach, Florida, wauld like to ask the City of
belray Beach pe~rmssion to sub-lease our facility to ,Sunshine Charter
School, ~'nc {d/,-.,/a The Cultural Arts Institute of Boca Raton) for
approximately t,vo-and-one-half months: August ~4, ZOO! - October
2001.
Our facility ~s ~.~osed at th~s time. They would operate daily Monday-Friday
from 8:00 ~, ~A to 3',00 P.M., until there facility is ~eady, which is expected
to be October 1~~ Their Schedule is exactly the same as the Palm Beach
County ScF. ool
Thank you for ,/.~u consideration in this matter.
LH;cg
Via Facsimile
LICENSE AGREEMENT
BETWEEN THE CITY OF DELRAY BEACH, FLORIDA, BDBBS, INC.
AND SUNSHINE CHARTER SCHOOL, INC.
THIS LICENSE AGREEMENT of August 3, 1983 is entered into this ~ day
of ,2001 between the CITY OF DELRAY BEACH, FLORIDA (the City),
BDBBS, Inc., (the Baseball School) and SUNSHINE CHARTER SCHOOL, INC., d/b/a
THE CULTURAL ARTS INSTITUTE OF BOCA RATON (the Charter School).
WITNESSETH:
WHEREAS, the City, and the Baseball School entered into a Lease Agreement
dated August, 1983, which has been amended from time to time; and,
WHEREAS, the Lease Agreement in Paragraph 8.01, provides Lessee shall not
transfer its rights without written consent of the City; and,
WHEREAS, the City, by entering into this License Agreement consents to the
use of the premises or part thereof by the Charter School;
NOW, THEREFORE, by and in consideration of the mutual covenants,
stipulations, and agreements herein contained, the parties agree as follows:
1. Recitations. The recitations referred to above are hereby incorporated as if
fully set forth herein.
2. Term. The term of this License Agreement shall commence when the last
signatory signs this Agreement and shall terminate no later than December 31, 2001.
This term may not be extended without the written consent of the City and the Baseball
School.
3. Premises. The license granted herein is for the premises described in the
Lease Agreement between the City and the Baseball School, as amended, and as may
be amended by any further agreement between the Baseball School and the Charter
School.
4. Terms; Other Agreement. The Baseball School and the Charter School
may enter into a separate agreement detailing other terms and conditions of occupancy,
not in express conflict with this Agreement
5. Insurance. The Charter School shall provide the City with the same type
and amount of insurance required by the City of the Baseball School. The Charter
School shall name the City and the Baseball School as an additional insured on all
insurance policies provided for the use of the premises.
6. Hold Harmless Indemnification. The Charter School shall indemnify,
defend, and hold the City and Baseball School and its employees harmless from and
against any claims, causes of action, costs, charges, including attorney's fees, from
judgement or settlement which arises from injury to persons or property, which injury is
a consequence of the Charter School's use of the premises.
7. Assignment. The Charter School may not assign this License.
8. Termination. The License shall immediately terminate and be considered
void, if the Charter School becomes insolvent, and shall terminate upon thirty (30) days
prior written notice for improper use of the premises as determined by the City.
9. Full Force and Effect. The terms of the Lease Agreement between the
City and the Baseball School remain in full force and effect.
IN WITNESS WHEREOF, the City of Delray Beach, BDBBS, Inc. and
Sunshine Charter School, Inc. have executed this License Agreement as of the day
and year first above written.
2
WITNESSES:
Print Name:
BDBBS, Inc.:
By:,
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
,2001, by (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 corporation. He/She is personally known to me or has produced
(type of identification) as identification.
Signature of Notary Public - State
of Florida
WITNESSES:
Print Name:
Print Name:
Sunshine Charter School, Inc.
d/b/a The Cultural Arts Institute
of Boca Raton
By:
Print Name:
Title:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument
., 2001, by
title of officer or agent) of
acknowledging), a
was
acknowledged before me this day of
(name of officer or agent,
(name of corporation
(state or place of incorporation) corporation, on
behalf of the corporation.
He/She is personally known to me or has produced
(type of identification) as identification.
Signature of Notary Public o State
of Florida
ATTEST:
By:
City Clerk
Approved as to Form and
Legal Sufficiency:
By:
City Attomey
CITY OF DELRAY BEACH, FLORIDA
By:
David W. Schmidt, Mayor
4
MEMORANDUM
TO:
FROM:
THRU:
DATE:
SUBJECT:
David T. Harden, City Manager
Kenneth L. Thomas, Community Development Administrator l~"~
Butler, Community Improvement Director ~
Lula
August 2, 2001
Community Development Block Grant (CDBG) Annual Action Plan
(FY 2001 - 2002)
ITEM BEFORE THE COMMISSION
City Commission approval of the Annual Action Plan required by the Housing & Urban
Development (HUD) Department of the United States for utilization of grant funds.
BACKGROUND
Pursuant to the Housing Act of 1974, HUD requires all local municipalities and urban
counties to prepare local housing plan documents as a condition of receiving federal
assistance. Federal Regulation 24 CFR Part 91 governs the local housing plan
submission requirements. HUD requires that each municipality and urban county submit
a consolidated plan each fiscal year. CFR Part 91 requires the City of Delray Beach to
develop viable communities by providing decent housing and a suitable living
environment and expanding economic opportunities principally for low and moderate
income persons. The City's plan to address these issues must be identified in a one plan
document that identifies these goals for all the community planning and development
programs, as well as housing programs.
The City of Delray Beach local plan (referred as "Consolidated Plan") will serve as a
planning document, a strategy to be followed in carrying out HUD programs, and
documenting the community vision. The attached Action Plan provides a description of
the City's plan to utilize the CDBG funding for activities and programs consistent with
the Priority Needs delineated in the Five - Year Consolidated Plan.
RECOMMENDATIONS
Staff is recommending approval of the Annual Action Plan required by HUD to address
the needs identified by the Target Area residents.
DELRAY BEACH
F L O R I D A
Ail-America City
1 993
2001
Annual Action Plan
2001 - 2002
David W. Schmidt, Mayor
Alberta Perry McCarthy, Vice Mayor
Patricia Archer, Deputy Vice Mayor
.1on Levinson, Commissioner
.left Perlman, Commissioner
David T. Harden, City Manager
City of Delray Beach Community Development Division
100 NWIst Avenue
Delray Beach, Florida 33444
(561) 243-7280
Lula Butler, Community Zmprovement Director
Kenneth L. Thomas, Community Development Administrator
Kendra Graham, Community Development Specialist
.loel Glover, Housing Rehabilitation Specialist
Chevelle Hall, Program Coordinator
Winston Hudson, Neighborhood Program Specialist
Dennis Thompson, Housing Rehabilitation Specialist
ANNUAL CONSOLIDATED ACTION PLAN
FY 2001 - 2002
(October 1, 2001 - September 30, 2002)
EXECUTIVE SUMMARY
The City of Delray Beach's Community Development Division operates under the
auspices of the Community Improvement Department. In addition to the
Community Development Block Grant (CDBG) Program the City receives various
additional funding sources aimed at enhancing our community and strengthening
our neighborhoods. Dudng the 2001 - 2002 Program Year it is anticipated that
the following resources (totaling $1,588,064) will be made available for vadous
planned community development initiatives and programs:
Key Sources
~;A~(~unt
$651,000
progr~sour&~ ~ ....
CDBG
$445,001 SHIP
$185,000 ADM
$150,000
$100,000
$1 p588,064 Total
UDAG Repayment
CRA
HUD
State of Florida
State of Florida
City of Delray Beach
Delm¥ Beach CRA
Locations
Activities and programs funded via the above sources focus on the area
identified as the City of Delray Beach's CDBG Target Area/Neighborhood
Revitalization Strategy Area (NRS^), (Lake Ida Road to the North, Linton
Boulevard to the South, US 1 to the East and 1-95 to the West). First-time
homebuyer program initiatives are provided on a citywide basis; however, priodty
consideration is given to infill housing efforts within the CDBG Target Area as
well.
Lead ARency
The City of Delray Beach is the lead agency for all funded activities and grant
sources received.
Housin;I Goals
Utilizing the combined resources described above, the City plans to accomplish
approximately eight (8) emergency housing repairs, twenty-four (24) substantial
and minor housing rehabilitation activities, and provide at least fourteen (14) new
homeownership opportunities under our first-time homebuyer program during this
program year. All such activities will serve to directly benefit very Iow, and Iow-
income families and households.
I. INTRODUCTION
The 1993 and 2001 Ail-American City of Delray Beach will enter into the second
year of implementation of the Five-Year Consolidated Plan. The City will
continued to stabilize and revitalize deteriorating conditions in neighborhoods
categorized as "rehabilitation areas" in the FY 2000-2005 Consolidated Plan. In
addition, the City will continue to focus on the various essential issues and areas
of concern identified as a direct result of our successful Visions 2005 Assembly
of 1994 and the Visions 2010 Assembly held this year (community visioning and
planning process). These issues/concerns primarily relate to youth involvement,
comprehensive neighborhood stabilization and revitalization, economic
development and redevelopment, cdme prevention, public education,
government coordination and human relations. The City of Delray Beach is
extremely proud of our local accomplishments to date under the past Five-Year
Consolidated Plan, having received two HUD Best Practice Blue Ribbon Awards
in the category of Suitable Living Environment. The City was awarded All-
Amedcan City status in 1993 and 2001.
This year's Action Plan includes (among other things) a description of the City's
plan to utilize our formula allocation of federal Community Development Block
Grant (CDBG) Program funding for activities and programs consistent with
Pdority Needs delineated in the Five-Year Consolidated Plan and the statutory
requirements to provide decent housing, suitable living environments and
expanded economic opportunities, particularly for those with Iow and moderate-
incomes. The City's Department of Community Improvement continued to
provide concentrated code enforcement, investments in infrastructure,
opportunities for increased homeownership and affordable housing infill
development initiatives, children and adult substance abuse prevention,
coordination of neighborhood associations and owner-occupied housing
rehabilitation through the programs and investment strategies described in this
report.
This year's planned use of CDBG funds focuses on the continued preservation
and expansion of the City's affordable housing inventory, provision of subsidized
child care services and programs for the children of Iow-income families,
infrastructure improvements, economic development, drug sales irradiation and
crime prevention, parks and recreational facilities improvements in the CDBG
2
Target Area, homeless prevention initiatives, and promotion of fair housing
education and enforcement.
The City will continue to dedicate local resources and leverage various funding
sources in an effort to address identified impending community development
needs and make significant accomplishments toward our goal of maintaining and
promoting a strong community built upon our diversity and civic pride. The
CDGB program has been and will continue to be an essential resource dedicated
toward the attainment of this goal.
II. SUMMARY OF CITIZEN PARTICIPATION INITIATIVES
The City of Delray Beach makes a concerted effort each year to involve all
interested citizens, organizations, homeowner's associations and other interested
persons in our Consolidated Planning process. This year the City increased its
efforts to obtain citizen input and direction during the development of our Draft
Annual Consolidated Plan (ACP) and prior to final approval of the ACP by the
City Commission on August 7, 2001. The City's Annual Needs Assessment
meeting was widely advertised and conducted on June 28, 2001 at Pompey
Park, a local community/recreational facility located within the NW Section of the
City (within the CDBG Target Area). Residents, citizens, applicant organizations
and our network of Homeowners Associations were informed of the meeting
through advertisement in a local newspaper of general circulation, individual
letters, neighborhood newsletters, posted bulletins, (at various community
locations including the Public Housing Authority complex), letters to HOA
Representatives and the City's Renaissance Housing Program partners, and
announcements at various events and meetings throughout the City.
The draft plan will be made available for review and comment (during the 30 day
comment period) through presentations made to the Delray Beach Merchant's
Association (DMA) and the City's Affordable Housing Advisory Committee, the
City's "News for Neighborhoods" newsletter, and submission to the Delray Beach
Housing Authority and Municipal Library.
III. FEDERAL RESOURCES
As mentioned in the Executive Summary, the City expects to receive $651,000 in
CDBG Program funding assistance for the 2001-2002 Program Year to address
various identified community development related needs. The actual programs,
activities and initiatives to be funded under this formula entitlement are described
in Section V of this document.
The City has also been awarded $185,000 in State (pass through) grant funds for
the 2001-2002 Program Year in support of Children and Adult Substance Abuse
Prevention Programming efforts made available via a partnership with MAD
DADS of Greater Delray Beach, Inc. The funds are provided to the City through
the State of Flodda Department of Children and Families, Alcohol, Drug Abuse
and Mental Health Program Office - District 9.
No other federal resources are expected to be received during the upcoming
program year.
IV. OTHER AVAILABLE RESOURCES
As mentioned in the Executive Summary, the City also expects to receive
$445,001 in funding assistance under the State of Florida's State Housing
Initiative Partnership (SHIP) Program for the 2001-2002 Program Year. The
City's SHIP dollars are targeted to provide increased funding in support of our
Owner-occupied Housing Rehabilitation Program and act as the primary funding
source for the City successful first-time homebuyers program. These programs
provide homeownership opportunities for families and households at or below
80% of Median Family Income (MFI) for Palm Beach County. The Delray Beach
Housing Renaissance Program (local partnership) utilizes SHIP Program funds in
support of new construction activities as well as the acquisition/rehabilitation of
existing units. The City also intends to provide $150,000 in funding assistance
via revenue received from the repayment of an Urban Development Action Grant
(UDAG) investment. The City received UDAG funds from US HUD in the amount
of $3.8 million that was subsequently loaned to the developers of Auburn Trace,
an affordable multi-family rental housing complex located within the CDBG
Target Area (as a component of the project's financing). Funding will be used for
Homeowner's Association activities and programs, exterior improvements to
residential units within a specified target area, the acquisition of vacant
residential parcels for conveyance to very Iow and Iow income households (for
infill housing purposes), and other identified community development initiatives.
V. ACTIVITIES TO BE UNDERTAKEN
CDBG Program funds in the total amount of $651,000 will be utilized in support
of the City's holistic approach to community development. Funds will compliment
other resources received and utilized to address identified needs. 2001-2002
Program Year funds under the CDBG Program will be utilized in support of the
following activities and programs:
Owner-Occupied Housing Rehabilitation (HR) Program
Providing for the substantial rehabilitation of approximately twelve (12) owner-
occupied residential homes located within the identified CDBG Target Area (and
administrative expenses associated with two full-time positions). All program
participants must be determined income-eligible in order to receive assistance. A
waiting list of approximately eighteen months to two years currently exist. The
primary goal of this program is to enable income-eligible households to maintain
a safe, habitable, and suitable living environment and assist in stabilizing our
neighborhoods. The City is further interested in maintaining (and expanding) its
current inventory of affordable units for our citizens.
Owner-Occur~ied Housin¢; Emer¢~encv Rer~air (ER) Pro_~ram
Providing for the emergency repair of approximately eight (8) owner-occupied
residential homes located within the identified CDBG Target Area. All program
participants must be determined income-eligible in order to receive assistance.
Those applicants awaiting assistance under the Housing Rehabilitation Program
can receive emergency assistance if the home requires such during the waiting
period. Applicants are also considered as the emergency situations arise. The
primary goal of this program is to enable income-eligible households to remain in
their homes following the occurrence of an identified emergency situation. All
ER's require verification by the Division's certified Building Inspector and
approval by the Division Administrator.
CDBG Program Administration
Providing for the overall administration of the CDBG Program and Community
Development Division. Eligible program administration costs include staff and
related costs required for overall program management, coordination, monitoring,
reporting, and evaluation. This amount also includes an allocation to the Greater
Fair Housing Center of the Palm Beaches, Inc., (FHC) for Fair Housing services
in the amount of $2,000. These costs are subject to a statutory limitation of not
more than 20% of the annual grant funds plus program income. The above
amount represents approximately 20% of the anticipated grant amount for FY
2001-2002.
Demolition
This program utilizes funds to demolish undesirable structures to eliminate slum
and blighted conditions.
Other Public Facilities and Improvements (Installation of Sidewalks)
Providing funds for the continued installation of pedestrian sidewalks within the
Targeted Area. The selected site(s) will be determined during the course of the
program year.
Economic Development (FACADE Program, YATC Program & Palm Beach
County Resource Center)
The Facade Program is available to businesses located in the Target Area for
improving the exterior appearance of their building. The YATC Program will
provide job training assistance that will create permanent jobs. The PBC
Resource Center will provide technical assistance to local businesses within the
targeted area.
Delray Beach Housing Authority
The funds will provide assistance to install pedestrian walkways throughout the
Carver Estates complex.
Public Services
Funds in support of various eligible public service activities consistent with needs
identified in the City's Five-Year Consolidated Plan and are subject to a 15% cap
of annual allocation. All proposed activities serve Iow and moderate-income
persons:
· Alpha-Time Children's Center
Subsidized childcare services for Iow-income children (on site at the Delray
Beach Housing Authority complex). Funds were provided in support of one
part-time service delivery position. A total of 90 unduplicated children
received the direct benefit of this programming effort.
· Community Child Care Center
Funds in support of subsidized childcare services for Iow and moderate -
income persons (limited clientele beneficiaries). Allocation serves to offset
the cost of one full-time service delivery position at the childcare center.
MAD DADS of Greater Delray Beach
Drug and Crime Free Community Program goals, including neighborhood
stabilization, youth development and family strengthening. Funds are
provided in support of two full-time service delivery positions. Over 300
residents received the direct benefit of these programming efforts during the
reporting pedod.
· Urban LeaRue of Palm Beach County
Funds are in support of the Urban League Palm Beach County's
Comprehensive Housing Counseling Program (housing counseling and
emergency intervention programs) for Iow and moderate-income persons.
Allocation serves to offset costs associated with one part-time service delivery
position in the Delray Beach office.
VI. GEOGRAPHIC DISTRIBUTION
All CDBG funded activities funded under this Plan will be concentrated within the
identified CDBG Target Area/NRSA Census Tracts 67, 65.02, 68.02, and 68.01.
The CDBG Target Area is identified as Lake Ida Road to the North, Linton
Boulevard to the South, US I to the East and 1-95 to the West. A location map of
the Targeted Area is included.
VII. HOMELESS AND OTHER SPECIAL NEEDS ACTIVITIES
The City of Delray Beach will continue its commitment to assist the homeless and
other special needs populations and those agencies providing direct services.
Under this year's CDBG allocation funding support has been allocated to the
Urban League of Palm Beach County in support of their Comprehensive Housing
Counseling Program and emergency intervention programs in an effort to prevent
homelessness as well as assist persons with special needs in locating and
obtaining affordable housing. The City's Housing Renaissance Program (first-
time homebuyer's) strives to assist those families and households that are
considered to have special needs as well. The Community Development
Division staff are directly involved with the Homeless Coalition of Palm Beach
County, Inc., and serve in various committee positions in an effort to address
homelessness and the needs of very Iow-income persons throughout the County.
The Division is also involved through membership on the Steering Committee of
the Palm Beach County Affordable Housing Collaborative.
VIII. OTHER ACTIONS UNDERTAKEN
The City of Delray Beach's Community Improvement Department has received
accolades for its holistic approach to community development, including targeted
code enforcement, a diversity of funded activities, programs and initiatives, and
our commitment to long range goals established through our community driven
Visions process.
The City has received two Blue Ribbon "Best Practices" awards from US HUD for
its programs and services. In addition, the City hosted its 1st Annual
Neighborhood Summit which provided workshop opportunities for participants to
develop leadership skills, broaden their knowledge of available resources to help
sustain their neighborhoods and hear how other neighborhood residents and
staff are making a difference in their communities.
A. Address Obstacles to Meetin,q Under Served Needs
The City of Delray Beach is committed to meeting the various and diverse need
of its citizens. On an on-going basis the City is involved with numerous initiatives
and has successfully formed various essential collaborative agreements with
area agencies and service provider organizations focused on meeting the needs
of our citizenry. Our various programming efforts utilizing CDBG, SHIP, State
ADM funding and general revenue allow us to impact numerous needy families
and households on an annual basis. Our unique network of
Homeowner's/Neighborhood Associations fosters communication throughout the
City at the neighborhood and resident level. Each and every obstacle is
addressed as it presents itself to the City and the Community Improvement
Department.
B. Foster and Maintain Affordable Housin.q
The City's commitment to affordable housing is witnessed by our successful and
award winning programs and initiatives. The City is committed to the
preservation of its current inventory of affordable residential housing units
through the availability of several essential on-going rehabilitation programs and
neighborhood beautification initiatives. We are equally committed to the
expansion of this inventory through our Housing Renaissance program, utilizing
key funding made available under the SHIP Program. During the upcoming
program year alone the City anticipates an increase in the current inventory of
affordable units (approximately 20).
C. Remove Barders to Affordable Housing
The City's Local Housing Assistance Plan (LHAP) delineates steps taken to
eliminate barders to affordable housing throughout the City. Our local Housing
Renaissance Program (partnership) assists the City in overcoming many of the
barriers traditionally faced.
Currently the City is experiencing a shortage of vacant parcels (for infill housing
purposes) due to title marketability issues. Discussion is currently underway
regarding the possible waiver of minimum lot size requirements in support of
affordable housing unit production. This initiative is an example of one barder
that the City is currently and actively attempting to address. In addition, the City
has awarded CDBG assistance to the Greater Fair Housing Center of the Palm
Beaches, Inc., in support of Fair Housing education and enforcement.
D. Evaluate and Reduce Lead-Based Paint Hazards
The City continues to educate homeowners and homebuyers regarding the
hazards of lead based paint. All units constructed prior to 1978 which children
(and receiving assistance from CDBG programs) were present are visually
inspected to determine the condition of all painted surfaces. If the surfaces show
signs of chipping or peeling, the unit will be tested for lead based paint. If
detected, all potential health risks associated with lead based paint are explained
to the homeowner/homebuyer.
Rehabilitation Program staff strongly recommends testing for elevated blood
levels and treatment if necessary. The unit is then evaluated to determine the
necessary measures to be taken in order to create a safe environment for the
family occupying the particular unit. The City follows Intedm Controls and/or
Abatement of lead based paint hazards according to Title X.
E. Reduce the Number of Poverty Level Families
The City's holistic approach to community development provides various
programming efforts and initiatives (as described throughout this document)
aimed at reducing the number of poverty level families. Vadous partnerships
with area social service and housing provider agencies greatly increase the
effectiveness and efficiency of our commitment.
IX. PUBLIC HOUSING AND RESIDENT INITIATIVES
The Delray Beach Public Housing Authority (PHA) continued its commitment to
improve the quality of life for both Public Housing and Section 8 residents. DBHA
programs provide viable, substantial alternatives to participation in crime and
drug activities. They are also designed to promote true self-sufficiency through
economic development. The following programs are among the strategic and
tactical plans undertaken to be consistent with the goals of the Consolidated
Plan.
A. Family Self-Sufficiency Program
The DBHA's Family Self-Sufficiency (FSS) Program provided economic
support and case management to approximately 40 Section 8 and 25 Public
Housing tenants. The FSS program provides a holistic approach to service
delivery that includes homeownership, childcare, adult education, vocational
training, social and economic counseling, employment counseling and
placement, medical, transportation and schools. A family-centered approach
is utilized as well, so that the needs of each family member are addressed. To
date the program has assisted over 16 families obtain homeownership and
several families are in the process of purchasing a home. The ultimate goal of
the program is to reduce families' dependency on housing and economic
subsidies by providing significant linkages to sources for employment,
education and other services consistent with this goal.
B. Residents' Association
The Carver Estates Residents Association is an active entity serving as the
voice for the community. The association meets monthly to discuss relevant
issues of the community and to provide feedback to the Housing Authority
regarding its management and customer service. Attendance at its monthly
meetings averages 35 residents.
C. Carver Estates Youth Pro.qram
The mission of the Carver Estates Youth Program (CEYP) is to encourage
and nurture positive lifestyles by offering academic, recreational, cultural and
social programs for the youngsters of Carver Estates. There are
approximately 400 children living in the public housing complex. The CEYP
serves up to 50 children from grades K-12. The program has recently focused
heavily on the arts, forming a choral/drama group for elementary students, a
STEP team for teens and the "Sharing Africa" dance and drumming group
funded by the Palm Beach County Cultural Council. The DBHA provides an
annual contribution of $15,000 plus in-kind services to the Carver Estates
Youth Program's $168,000 budget. The remaining funds are provided through
the Children's Services Council, the previously mentioned Cultural Council
and pdvate donations.
De
City of Delray Beach/DBHA Partnership Initiatives
1. Homeownership Program
The DBHA contributes subsidy monies as a partner in the "Best Practices"
award winning Delray Beach Housing Renaissance Program. Subsidies
contributed by the Housing Authority are targeted towards the lower income
family (below 60% of median). Since the beginning of the program the DBHA
has assisted over 21 families with the purchase of new homes. Dudng this
reporting period over $60,000 was provided to eligible program participants.
2. Security and Crime Prevention
Through its partnership with the City of Delray Beach, the DBHA has been
provided two full-time Community Oriented Police Officers in addition to a
special security detail that was first contracted through a 1992 Public Housing
Drug Elimination Grant. This added security allows for the continued
enforcement of the "One Strike, You're Out" policy. Additionally, the Authority
was granted $60,000 in 1998 PHDEP funds to provide for the installation of
security cameras at the Public Housing complex. The security cameras have
been installed and are monitored daily. Future PHDEP funds will be used to
fund drug prevention activities for the youth of Carver Estates.
3. Exterior Beautification Proiect (Landscape Improvements)
During this reporting period, the City of Delray Beach provided $50,000 in
CDBG Program funds that was utilized for the implementation of the
Landscape Improvement Project. The funds were combined with the
Comprehensive Improvement Assistance Program Funds (CLAP) to install
trees and plants, sod, bike racks, barbecues, and picnic tables at Carver
Estates. The total cost of the project will exceed $250,000. The
improvements were completed during the 2001-2002 Program Year.
MONITORING
The City of Delray Beach will continue to monitor CDBG funded projects,
activities, initiatives and subrecipients in accordance with regulations and
statutes governing all such activities. The CD Division is currently revising its
process for monitoring sub-recipient agencies that receive funding assistance
for public service related activities. The Division is currently developing a
revised and improved Audit Control System as well. Construction supervision
of rehabilitation activities is conducted by certified inspection staff during the
entire rehabilitation/improvement process. Sub-recipients of CDBG funding
assistance enter into a written formal agreement/contract with the City of
Delray Beach; this agreement was developed in accordance with governing
regulations.
10
Agenda Item No.: a~. ~
AGENDA REQUEST
Request to be placed on:
xxxxx Regular Agenda
~ Special Agenda
__ Workshop Agenda
__ Consent Agenda
Date: August 2, 2001
When: August 7, 2001
Description of item:
City Commission approval of the Annual Action Plan required by the Housing & Urban
Development (HUD) Department of the United States for utilization of grant funds.
ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft Attached: Yes/No
Recommendation:
Staff recommends approval of the Annual Action Plan required by HUD to address the
needs identified by the Target Area residents.
CDBG Total: Account Number:
Department Head Signature: ~//~~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: YES/NO
Funding Alternatives:
Account No. & Description:
Account Balance:
City Manager Review:
Approved for Agenda: ~0
Hold Until:
.(if applicable)
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
ADMINISTRATIVE SERVICES
MEMORANDUM
TO:
FROM:
SUBJECT:
David T. Harden, City Manager
~~obert A. Barcinski, Assistant City Manager
Agenda Item City Commission Meeting August 7, 2001
Approval - Computer Software/Hardware Upgrades
Course
DATE: August 3, 2001
Golf
Action
City Commission is requested to approve computer software and hardware upgrades for
both golf courses in the amount of $56,076. Of the total amount $22,525 would be
awarded to Computer Golf Software for the package, installation and training, $30,351
for hardware purchases under State Contract, and $3,200 for independent contractor
costs to install MS Windows 2000 server with terminal service upgrade. Funding is
available in account code 445-4761-572-64.11 Computer Equipment.
Background
Attached is a detailed recommendation from Joe Safford for golf course hardware and
sof~ware upgrades for our two golf courses. The package includes point of service
software for both courses, hardware for both courses which includes bar coding
equipment and Internet conversion equipment, installation and training costs, and annual
support costs.
The most critical element of the recommendation is the point of sale software and
hardware. The current system is ten years old and the company who developed it is out
of business. It is critical that this system be installed and running by October 1, 2001. As
Mr. Safford indicated the software packages from three vendors was reviewed by the golf
course and MIS staff. All are in agreement with the recommendation.
I concur with Mr. Safford's recommendation, but want to reserve the right to thoroughly
review the tee time portion of the package. We are not convinced the proposed package
alone will solve our problem with telephone calls backing up. We may need to add
additional equipment. I would like; however, to get the approval so that we may proceed
with this element if we determine it will solve our problem. MIS is still investigating
remote access alternatives. If wireless access is not doable for whatever reason, we
Page #2
Agenda Item: City Commission Agenda August 7, 2001
would proceed with DSL access for the main course with a stand alone system at
Lakeview. We should resolve the remote access option within the next week. We have
not recommended the tee time package for Lakeview because we do not feel it is needed
at this time.
Also attached is a detail cost breakdown for each element of the package.
Recommendation
Staff recommends approval of the computer software and hardware upgrade as
recommended in the amount of $56,076 of which $22,525 will be awarded to Computer
Golf Software for the software portion, $30,351 for hardware under the State Contract,
and $3,200 for other contractual services.
RAB/tas
Cc:
Joe Safford
Brahm Dubin
Sharon Painter
Richard Zuccaro
File:u:sweeney/agenda
Doc:Computer Software Upgrade Golf Course
MEMORANDUM
To:
From:
Date:
Robert Barcinski, Assistant City Manager
Joseph M.
Director
July 24, 2001
Subject:
Commission Approval for Golf Course Software/Hardware Upgrades
MIS (Richard Zuccaro, Montri Chaisakrul) and Amanda Solomon were recently called to the Main Golf
Course by MaryBeth Birsky, Director of Operations, primarily because the current inventory/point of sale
software vendor went out of business.
Upon further discussions and review, there were several observations to be made:
1. At Lakeview, it was learned that one computer was actually inoperable since the software had a built-
in "lock" where the software will not operate. This so-called "lock" was installed as an incentive for
their clients to pay their semi-annual maintenance fees. We have a prospective software vendor taking
care of this problem; however, this is not the vendor we are recommending for our software
acquisition.
2. The Pro Shop system at the Main Golf Course is not connected by cable to the main building and
therefore they are not connected to the administrative, restaurant, and kitchen systems.
3. The Main Golf Course is not connected to Lakeview and therefore there can be no online sharing of
programs, files, or data on a real time basis There is a need to provide either fiber lines or wireless so
both systems can be connected.
4. The systems in the Pro Shop were (inadvertently) not backed up for several years. By connecting the
Main Golf Course to the City system, either through a DSL line or wireless (fiber cost would be
prohibitive) this backup can be automatically done in MIS.
5. Significant telephone traffic involving tee time registration each morning is causing problems with
long wait times for customers. This should be able to be resolved, or at least minimized, using Tee
Time software and four additional phone lines.
6. UnintelTupted Power Supply (UPS) system too small (and old) to handle multiple servers.
7. The Main Golf Course was struck several times with lighming, (a common occurrence), requiring
several days of work on the server and other systems. There is a need for a uninterrupted power supply
(UPS) connected to the outside communicaUons room switch to prevent this situation ~om occumng
8. New Point of Sale software needs to be up and nmning by October 1~t before the start of the golf
season.
Delray Beach and Lakeview Golf Courses
Operatine Software/Automation Upgrade
Software
Small software firm went out of business and therefore present
software is no longer supported. Software has an internal "lockout"
which prohibits use after a specific time interval (6 months). One
system in Lakeview is presently locked up.
New software needs to be up and running October 1, 2001.
Three (3) software vendors made presentations. Computer Golf
Software, Inc. software is recommended
· Best system (functionality)
· Meets short and long-term needs of both courses
$15,200
· User friendly
· Meets high volume needs
· Local company (Miami) with 15 years rehable service and
support. Can be here within an hour. Customers nationally.
· Only vendor to supply all systems (food & beverage, point of
sale, and tee times)
· Positive experience with this company at Southwinds
· CGS more technically progressive and sound
(3) Touch Screen Workstations
(3) Bar Code Scanners
(2) Bar Code Printers
Hardware (3) Progranunable keyboards with wedge and Bar Code Decoder 7,510
(1) Rhetorex Voice Card (4-line capability) for Tele Tee Server
Voice card will enhance the on-line Tee Tune reservations w~th IVR
(Interactive Voice Response) for those citizens without computer
access to the Golf courses.
Main Goff Course Pro-Shop currently running Ethernet, remainder
of operation is running token ting. Entire operation must be fast
Ethernet Conversion Ethernet with CAT5e cabling throughout the building. Also, this 8,400
cabling will connect remote operations since the Pro Shop is not
connected to the Goff Course system.
(2) Servers with RAID hot swappable drives to insure continued
operation in the event of disk failure or hardware failure. Present
Terminal Servers/Rack server on floor. With the addition of 2 more servers, a rack cabmet 14,441
is being recommended to house the servers in a clean environment
and connect them to the LIPS system.
Telephone Lines Will need 4 additional telephone lines for customer calls for tee Not
times. Present wait time excessive. Included
Installation/Training 3,575
Lakeview access to Main Golf Course imperative so that both
entities can share the same software and both entities can be
Remote Access managed more appropriately. DSL is not available from Lakeview. Not
Fiber is currently not available because they must nm underground Included
(not enough spacing on poles).
Main G-off Course connection to City Hall necessary for on-line
support of systems, access to AS400 programs, e-mail, backups and
the Internet for on-line tee time reservation capabilities.
Install MS Windows 2000 server with Terminal Server upgrade
Contractual Services service on a Dell PowerEdge 300 Server, 2 Compaq ProLiant 360R 3,200
Servers, and to provide MS Windows 2000 Professional upgrade on
8 existing workstations
Annual Support 3,750
Total Project Costs Account No. 4454761-572-64.11 Computer Equipment $56,076
The Municipal Golf Course Fund has $136,540 in Project Reserve and we would recommend a Budget
Transfer from this account to 4454761-572-64.11. The City Commission will be asked to approve this
project in total so that we may complete this project prior to October 1st. Please note that tlus cost does not
include remote access (DSL lines or wireless) which will be presented once the quotes are received
Delray Beach Golf Club Proposal Page 1 of 3
Software
Point of Sale
Inventory Point of Sale-Touch POS
2 Credit Cards
Tee-Time
Tee-Times Reservations (Touch-Tee)
IVR (Interactive Voice Response)
Web Times for Internet Access
Pervasive Btrieve 2000 SQL Database Mgr Sof~are (10 users)
Total
Less 20% Discount
Software Total
Haxdware
Touch Screen Workstations ~ $795.00 ea
Metrologm Bar Code Scanner ~ $395.00 ea
Advantage Bar Code Blaster Pnnter ~ $695.00 ea
Cherry (Programmable) Keyboard w/wedge & Bar Code Decoder
@ $350.00 ea
Tele Tee server
Rhetorex Voice Card (four line capabihty)
To be installed in a dedicated PC
Hardware Total
Ethernet Conversion *
3COM905 TXM ~ $80.00 ea
7'CATe Cables ~ $ 8.00 ea
14' CAT5e Cables ~ $12.00 ea
Clsco Catalyst 3524 XL (switch)
GBIC LX
Ethernet Conversion Total
*Currently the Pro-shop is runmng with Ethernet not connected to the rest
of the Golf Club which is running Token Ring (must be all Ethernet)
Terminal Server/Rack/UPS
POS Server
Tee-Tune Server
Monitor/Utility Shelf Kit
1U Keyboard Drawer
1X4 Port switch Box
12' KVM to CPU Cable 2 @ $74.00
Rack Mountable UPS
Compaq Rack 9122
Server Rack/UPS Total
Note: The IVR (Interactive Voice Response) requires four (4) addiUonal phone lines
Delray Beach
$3,500.00
-0-
$3,500.00
$4,000.00
$3,500.00
$1,000.00
$15,500.00
$1,590.00
$ 790.00
$ 695.00
$ 700.00
$1,500.00
$5,275.00
Lakeview
$3,500.00
-0-
-0-
$ 3,500.00
$ 795.00
$ 395.OO
$ 695.OO
$ 35O.OO
$2,235.00
$ 800.00 $ 160.00
$ 80.00 $ 16.00
$ 120.00 $ 24.00
$2,500.00 $2,500.00
$1,100.00 $1,100.00
$4,600.00 $3,800.00
$5,400.00
$5,4OO.00
$ 113.00
$ 239.00
$ 966.00
$ 148.00
$ 880.00
$1,295.00
$14,441.00
-0-
$19,000.00
$ 3,8O0.OO
$15,200.00
$7,510.00
$8,400.00
$14,441.00
Installation/Implementation Page 2 of 3
Inventory/POS (0.5 Day)
CGS will deliver a skeleton master includmg all service Items;
a list of departments, class and vendors ready for use.
Additional inventory ~tems will be added by the Delray Beach
Golf Club. CGS will convert current data to the new system if
the City will provide a "fiat file" of existing data.
$325.00
Tee Times (0.5 day)
CGS will provide basic Tee Sheet Templates
$325.00
Tele Tee Script(0.5 day)
CGS will record demographic portions of script. Time
sensitive recording will be done by the Delray beach Golf Club
personnel.
$325.00
On Site Installation Includes (1 day)
Pre-installation Planning
On-site hardware configuration
$650.00
On Site Training (3 days)
Application Software training
"live" Supervision and Assistance
$1,950.00
Total Installation Services
$3,575.00
Annual Support(+ 30 day warrenty)
Inventory Point of Sale - Touch POS
Credit Cards
Tee Times Reservatrions - Touch Tee
IVR (Interactive Voice Response)
Web Times for Internet Access
DekayBeach
$ 500.00
$ 250.00
$ 500.00
$ 750.00
$ 500.00
Lakeview
$500.00
$ 250.00
$ 500.00
-0-
-0~-
Total Annual Support
$2,500.00
$1,250.00
$3,750.00
Remote Access
Lakeview to Delray Golf Club
Wireless
Fiber Optic
DSL
Waiting for Quote
Waiting for Quote
$
$
not available
Delray Golf Club to City Hall
Fiber Optic
Wireless
DSL (Bellsouth)
Service Activation
Professional Installation
Router Package
One time Installation cost
Waiting for Quote
$ 50.00
$199.95
$400.00
$649.95
Cost Prohibitive
$
Monthly Service Charge $79.95 x 12 $959.40
Total 1st Year $1,609.35
Professional Services Delray Beach Golf Club Only (details attached )
Upgrade existing Dell Poweredge server
Install Terminal Server O/S on two Compaq
ProLiant 360R servers
Upgrade 8 existing PC's
Total Professsional Services
$1,000.00
$ 600.00
$1,600.00
Page 3 of 3
$3,200.00
Project Total (does not include Remote Access) $56,076.00
(1) Departmental Line Transfer
(3) Interfund/Interdepartmental Transfer
(5) Requested By: J. Safford/sam
City of Delray Beach
Budget Transfer Form
(2) Date 07-30-01
(4) Batch Number
PROJECT # (6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN
Golf "~45- ~-~)l.~71-~q.o! Project Reserve
Course 445-4761-572-64.11 Computer Eqpt
.... ~G~o~:~ ....
00) TOTAL
~ST~CATION: For the purchase of computer hardware and software upgrades ,for the
Golf Course (see attached).
_ 0n Co~ission Agenda 08-14-01 for approval.
Finance Director'S)~ o)~ [ City Manager
(11) Budget Revision Date
(13) Period
ORIGINAL- BUDGET
CANARY - PROJECT FILE
(12) Control Number
(14) Count
PINK - DEPARTMENT
AGENDA ITEM NUMBER.
AGENDA REQUEST
Request to be placed on:
Date: 07-30-01
X Consent Agenda __ Special Agenda __ Workshop Agenda
When: 08-14-01
Description of agenda item: Approve the purchase of hardware and software to upgrade
the Golf Course computer systems. Total cost for entire project ~s~,6~with funding to come
from 445-4761-572-64.11.
Budget transfer ~s attached. /
ORDINANCE/RESOLUTION REQUIRED:
Draft of Resolution Attached:
YES NO X
YES NO
Recommendation: Approval is recommended by the MIS Manager and Finance Director.
Department Head Signature: .
Determination of Consistency with Com~ensive Plan: N/A
City Attorney Review/Recommendation (if applicable): N/A
Budget Director Review
(required on all items involving expenditure of funds):
Funding available. Yes
Funding alternatives (~f applicable):
Account Number:
445-4761-572-64.11
Account Description:
Account Balance'
City Manager Review:
Approved for Agenda:
Hold Until
Computer Equipment
352T325' (once budget transfer is processed,~,~ ,~
Agenda Coordinator Review:
Received:
Action- Approved' Disapproved:
P.O. #
- The placemem of the cable shall not interfere with the City's ability to maintain its
infrastructure.
- FTI shall indemnify and hold harmless the City for any claims or causes of action
arising out of this Agreement.
- The City shall provide to FTI a right of first refusal for the beach area from Atlantic
Avenue to the southern City limits for undersea cable landing in the evem that another
company requests to land an undersea cable in this area over property that is owned by
the City.
Our office requests that this item be placed on the August 7, 2001 City Commission
agenda. Please call if you have any questions.
CC:
Barbara Garito, Acting City Clerk
Richard Hasko, Director of Environmental Services
Dan Beatty, Deputy Director of Public Utilities
Paul Dorling, Planning and Zoning Director
Joe Weldon, Director of Parks and Recreation
Cable. A single fiber optic or coaxial cable, either terrestrial or undersea, for
the use of telecommunications services, which also includes conduit or sub-ducts
and any other material that is placed inside or onto City infrastructure and is
owned, operated, or maintained by FTI.
Conduit. Pipe manufactured of metal, plastic or other suitable durable material
appropriate for underground or undersea use for housing of telecommunications
cable that is placed inside or onto City infrastructure and is owned by FTI.
Emergency. An event or occurrence that is out of control of either party that
significantly and /or detrimentally affects the normal operation of FTI or its
customers and/or the health safety or welfare of the public.
Facilities. All beach manholes, manholes, structures, cables, conduits, sub-
ducts or any other material that is owned, controlled or installed by FTI.
High Efficiency Conduit (HEC). Pipe manufactured of metal, plastic or other
suitable durable material appropriate for underground or undersea use of
sufficient inner diameter size to allow for the housing of multiple sub-ducts.
Route. The path or paths containing the FTI owned beach manholes, manholes,
structures, cable, conduits or sub-ducts that are placed in the City owned
infrastructure from the HEC's to the Teleport.
Sub-duct. Pipe, installed stand-alone or within conduits, manufactured of metal,
plastic or other suitable durable material appropriate for housing of
telecommunications cables.
Teleport. A building or buildings with interconnecting infrastructure designed
to house telecommunications equipment for undersea cable, terrestrial cable,
satellite space segments, network management, interconnection, operations, and
control facilities, and administrative offices. One building is to be located at
1100 S.W. 10th Street, Delray Beach, Florida. Additional buildings and
structures will be located at sites to be determined.
Undersea Cable. Fiber optic cable manufactured of suitable durable material
appropriate for deep water, subsea installations for the provision of
telecommunications services.
City Infrastructure. Stormwater mains, wires, poles, structures, towers,
cables, non-right-of-way property and conduits, as shown on Exhibit "D", that
is owned by the City of Delray Beach.
2
the City's infrastructure so long as it does not interfere with the normal operation of FTI's
facilities or the City's operations. FTI shall hold harmless, defend and indemnify the City
from and against any and all claims and causes of action (including, the actual cost of defense
thereof and attorney's fees at trial and appellate levels) and pay any and all judgment's against
the City as a result of this provision and if necessary FTI agrees to remove all cable from any
infrastructure if required by a court.
5. Term/Renewal. The initial term of this License Agreement shall be for a fifty
(50) year period. The City may grant five (5) renewal periods of this Agreement upon the
written request of FTI 90 days prior to the expiration of the original term or any renewal term.
Each renewal period shall be for a term of twenty (20) years. Any request by FTI for a
renewal shall be considered by the City and may be approved or denied by the City, however,
the City's consent shall not be unreasonably withheld.
6. Payment. FTI agrees to pay the City, $50,000.00 annually, for each cable that
is placed in the City infrastructure or beach manholes, payable on the date installation occurs
and every year thereafter on the anniversary date of the cable installation. If there are multiple
lines of cables that are bundled together the payment shall be paid not per bundle but per each
cable. For example, if FTI installs sub-ducts in the City infrastructure but does not place the
actual telecommunications cable inside the sub-duct, FTI shall still be required to pay the City
the amount provided in this paragraph at the times provided for in this paragraph as if a cable
were placed in each sub-duct. FTI shall also be required to make payment to the City in
a.6cordance with the provisions of this paragraph if FTI only uses a portion of the City
infrastructure. The requirement for payment is not distance sensitive, if FTI installs/operates a
cable in the City infrastructure then it will pay the amount stated above to the City as if it were
using the entire route. Such payment shall be made within 30 days of placing the cable in the
City infrastructure. FTI agrees to increase the amount stated above by 3% annually, on a
compounded basis, for the ftrst 10 years. The Agreement price, in subsequent 10 year
intervals, shall also be increased/decreased annually by the CPI. FTI shall pay to the City
each year an amount that is equal to the average annual CPI increase/decrease over the
preceding 10 year period on a compounded basis. The annual payment for each cable shall
become due on the anniversary date of the date the cable was first installed in the City
4
damage to the cable or any other damage that may be claimed by FTI or its customers as a
result of the City's maintenance of the City infrastructure.
9. Emergency Repair/Replacement of the City's Infrastructure or FTI's Facilities.
If the City determines that an emergency situation exists, in its sole discretion, it shall attempt
to give FTI 2 hours prior notice or as much notice as possible, prior to performing any work
on its infrastructure that is occupied by FTI if the nature of the emergency permits such notice.
In the event such notice is not feasible, the City may proceed without notice and the City shall
not be responsible to FTI for any damage to its cable or any other damages sustained by FTI as
a result of the action taken. FTI shall hold harmless, defend and indemnify the City from and
against any and all claims and causes or' action (including, the actual cost of defense thereof
and attorney's fees at trial and appellate levels) based on the City's removal of the cable from
its infrastructure. FTI agrees to provide the City with a contact name(s) and telephone
number(s) that is(are) available 7 days a week, 24 hours a day for notification.
If FTI determines, in its sole discretion, that an emergency situation exists with its
facilities, it shall attempt to give the City as much notice as possible to gain access to FTI's
facilities within or on the City's infrastructure. This notice shall not be less than 2 hours prior
to performing any work on its facilities. The City agrees to provide FTI with a contact
name(s) and telephone number(s) that is(are) available 7 days a week, 24 hours a day that can
authorize FTI access to the City's infrastructure where FTI's facilities are located. In the
event that FTI is unable to reach the City's contact person(s) because such contact person(s) is
not available or does not respond, FTI may proceed to access its facilities in order to effect
repairs and the restoration of service. FTI shall be responsible for any damage that it, its agent
or contractors cause to the infrastructure, right-of-way, other utility, or any other property
owned by the City. I:TI shall hold harmless, defend and indemnify the City against any claim,
lawsuit, or any other cause of action as a result of FTI's maintenance, repair or replacement of
its cable in the infrastructure and waives any right it may have to hold the City responsible for
any damage caused whatsoever and in particular any damage or claim that may arise under
Florida Statute Chapter 556.
10. Installation of Cable. Prior to the installation of any cable in the City
infrastructure, FTI shall "TV" and clean the entire route, if necessary, as determined by the
6
that its customers obtain and maintain any and all necessary permits, licenses, easements,
franchises and approvals that may be required by federal, state or local law, statute, regulation
or ordinance and comply with all such laws, statutes, regulations or ordinances as may now or
in the future be applicable to FTI's customers arising out of this Agreement. FTI shall
indemnify and hold harmless the City, its officers, employees, agents and assigns from any
loss, damage, claim or proceeding to the extent resulting from the failure of FTI, its
customers, their contractors or subcontractors to comply with this paragraph.
14. Liens. If any fight-of-way, infrastructure or other property of the City
becomes encumbered by any unauthorized liens, claims, or other encumbrance as a result of
any act or omission of FTI, FTI shall to the fullest extent permitted by law take all actions
necessary to remove such encumbrances from such fight-of-way, stormwater main or non-
right-of-way property. If the fight-of-way, City infrastructure or other non-right-or-&ay
property of the City becomes encumbered as a result of the acts or omissions of FTI, FTI
shall: 1) within forty-eight (48) hours post a bond covering the encumbrance; 2) discharge the
encumbrance within 90 days of imposition; 3) indemnify and hold harmless the City, its
officers, employees, agents and assigns from said encumbrance. Failure to discharge any
encumbrance as set forth herein shall result in this Agreement being declared null and void.
15. Representations and Warranties. Each of the Parties represents and warrants
that it has full authority to enter into and perform this Agreement, that this Agreement does not
conflict with any other document or agreement to which it is a party or is bound, and that this
A~greement is fully enforceable in accordance with its terms. The City represents and warrants
that it is a municipal corporation duly organized, validly existing and in good standing under
the laws of the State of Florida. The execution and delivery of this Agreement and
performance hereunder will not conflict with or violate any law, rule or regulation applicable
to the City. No consents need to be obtained from any government agency or regulatory
agency to allow the City to execute and deliver this Agreement. FTI represents and warrants
that FEI is a corporation, validly existing and in good stand~g under the laws of the State of
Florida and the execution and delivery of this Agreement and the performance thereunder will
not conflict with or violate or constitute a breach or default under FTI's Articles of
Incorporation and will not violate any law, rule or regulation applicable to FTI. No consents
8
prepaid, certified or registered mail, or (iv) upon the expiration of one business day after being
deposited during the regular business hours for next-day delivery and prepaid for overnight
delivery with a national overnight courier company, addressed to the other Party as t'ollows:
A. As to the City:
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33~~.
c/o City Manager
B. As to FTI:
FLORIDA TELEPORT International
Atm: Project Manager
4800 North Federal Highway Suite A-210
Boca Raton, Fl 33431
Phone: 561-338-0707
Each Party may change its address by letter notification by giving the other Party notice
thereof in conformity with this Paragraph. Any payments made under this Agreement, if made
by mail, shall be deemed to have been made on the date of receipt thereof.
23. No Waivers. No failure or delay on the part of either Party in exercising any
right, power or privilege hereunder and no course of dealing between the Parties shall operate
as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege
hereunder preclude any other or further exercise thereof or the exercise of any other right,
power or privilege.
24. Construction in the Right-of-Way. If FTI constructs/installs cable in the right-
of-way, outside of the City infrastructure in which it places the cable underground by
constructing a trench or using trenchless technology and FTI notifies the "One-Call
Notification System", prior to construction, as provided in Florida Statute Section 556.104.
FTI acknowledges that it is on notice from the City that the City has infrastructure in the right-
of-way that the City does not know its location, therefore, FTI agrees to be responsible for any
cost or expense incurred by the City as a result of any damage that FTI, its agent, or contractor
causes to infrastructure owned and maintained by the City. FTI further agrees to waive any
rights or protections that it has or could be entitled to under F.S. Section 556.106 providing
that an excavator shall not be liable for any damage if it has notified the "One-Call Notification
12
29. Bond Covenants. The primary purpose of the City's infrastructure is for the
benefit and purpose of the residents of the City. If any claim, suit, or other action is brought
against the City alleging any violation of any bond covenant regarding the City's
infrastructure, FTI shall indemnify, defend and hold harmless the City, its officers and
employees, from all such suits, claims and causes of action including all costs and attorney's
fees incurred at the trial and appellate levels.
30. Undersea Cable Landings. The City shall grant to FTI the right to install a
minimum of eighteen (18) undersea cable landings in the area as shown on Exhibit "B". If the
City receives an offer from another company, entity or person expressing its/their interest in
landing additional undersea cable in/over/under property that is located in the beach area
shown on Exhibit "F" and that is owned by the City, the City shall then notify FTI in writing
and FTI shall have 30 days from the date notification was received in which to match the offer
presented to the City. If FTI fails to match the offer presented to the City by the other
company or entity, as determined by the City in its sole discretion, the City may enter into an
agreement allowing the additional cable landing so long as it does not interfere or detract from
any rights or privileges granted to FTI in this License Agreement. FTI is aware that the only
beach property that the City owns in the area as shown on Exhibit "F" is the municipal beach
area from Atlantic Avenue south to the approximate area of Casuarina Road. Should this
Paragraph by declared unconstitutional, in violation of antitrust laws, in violation of any
Federal, State, or local law, rule or regulation, or any claim, suit, or other action is brought
a~ainst the City challenging the provision contained in this Paragraph, the remainder of the
License Agreement shall continue in effect and FTI shall defend, indemnify and hold harmless
the City, its officers and employees, from all such suits, claims and causes of action including
all costs and attorney's fees incurred at the trial and appellate levels.
31. Insurance Considerations. FTI will procure and maintain, throughout the term
of this Agreement, commercial general liability insurance, with limits of not less than
$1,000,000 combined single limit per occurrence for bodily injury and property damage
liability, with a certificate of insurance to be furnished to the City within thirty (30) days of the
execution of this Agreement. The insurance policy shall provide that cancellation will not
occur without at least thirty (30) days prior written notice to the City.
14
34. Execution of Agreement. This Agreement shall be considered null an void
unless signed by both FTI and City.
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the
Execution Date.
WITNESSES:
(print or type name)
Florida Teleport, Inc.
By:
Dave Bracbe
Chief Executive Officer
(print or type name)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this ~ day of
,200 , 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 corporation. 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
ATTEST:
CITY OF DELRAY BEACH, FLORIDA
By: By:
City Clerk
David Schmidt, Mayor
Approved as to form:
By:
City Attomey
16
EXHIBIT D
EXHIBIT F
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT:
AGENDA ITEM ~ ~ - REGULAR MEETING OF AUGUST 7, 2001
RESOLUTION NO. 48-01 (SUPPORTING THE ELDER COMMUNITY
PROGRAM)
DATE:
AUGUST 3, 2001
It was the consensus of the City Commission at the June 12th Workshop to support the Elder
Community Program. Before you is Resolution No. 48-01 supporting the Florida Department of
Elder Affairs' initiative to make Florida Elder Ready.
By approving this Resolution, the City Commission supports the Elder Ready Community
Program in Delray Beach. This program will allow elders to maintain their dignity, security and
independence, and remain in their homes, and in the communities they love.
The next step will be to create a "Committee on Aging" made up of personnel who wish to work
to make Delray Beach an Elder Friendly place to live. The responsibility of this committee will be
to complete the Elder Ready Report, which is an assessment of our city's readiness to better
accommodate our senior citizens and their way of life.
Recommend approval of Resolution No. 48-01 supporting the Elder Ready Program in Delray
Beach.
Ref:Agmemo 14.Res.48-01.Elder Ready Program. 08.07.01
To:
Delray Beach Police Department
300 West Atlantic Avenue · Delray Beach, Florida 33444-3695
(561) 243-7888 Fax (561) 243-7816
The City Commission
Defray Beach, Florida
DELRAY BEACH
Ail-America City
1993
From:
Officer Skip Brown
Volunteer Coordinator
Defray Beach Police Department
Date: August 2, 2001
Dear Commissioners;
I would like to request at this time that you accept the Elder Ready Community resolution
4801 that was discussed at your last workshop meeting and support this initiative. Could
you please include this topic on the agenda for an upcoming Commission meeting so that
a proclamation supporting this project can be issued? There are some outside people
who would like to attend a commission meeting when this proclamation is read. The date
of August 21 or September 4, 2001 would be a good time at the commission meeting.
Please advise me of the date so that I may make arrangements for them to be there.
Thank you in advance for all of your cooperation.
In Your Service,
~e~-sMP
RESOLUTION NO. 48-01
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, SUPPORTING THE ELDER READY
COMMUNITY PROGRAM.
WHEREAS, the City of Delray Beach, Florida supports the Department of Elder Affairs' initiative to
make Florida Elder Ready, so elders can be independent as long as possible, and to remain in their homes and
in the communities they love; and
WHEREAS, the State of Florida has the highest percentage of elders of any state in the nation, and that
our elder population will continue to increase, reaching numbers without precedent in the first part of the
Twenty-first Century; and
WHEREAS, in order to allow elders to maintain their dignity, security and independence, communities
must evaluate, assess and modify their infrastructures to become Elder Ready; and
WHEREAS, Delray Beach and the Department of Elder Affairs share the vision and responsibility to
improve the life of all its citizens, so they can prepare for and enjoy aging in place throughout their life; and
WHEREAS, in order to achieve our mutual goals, cities and counties should begin to build together a
place free of mobility barriers.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach supports the Department of Elder
Affairs' initiative to make Florida Elder Ready.
Section 2. That the City Commission of the City of Delray Beach supports the Elder Ready
Community Program in Delray Beach and pledges to make every effort to improve the quality of life for our
elder population.
PASSED AND ADOPTED in regular session on this the 7th day of August, 2001.
ATTEST:
MAYOR
City Clerk
To:
From:
Delray Beach Police Department
300 West Atlantic Avenue · Delray Beach, Florida 33444-3695
(561) 243-7888 Fax (561) 243-7816
David Harden
City Manager
City of Delray Beach
Officer Skip Brown
Volunteer Coordinator
Delray Beach Police Department
DELRAY BEACH
Ail-America City
3993
Date: June 5, 2001
Dear Mr. Harden;
I would like to request permission to make a presentation to the city commission in their
upcoming workshop scheduled on June 12, 2001. The information presented would
include information on the state initiative program called "Elder Ready Community". I
would like to implement this program in Dekay Beach and in order to accomplish this
task I am going to need the backing of the City Commission. Items to be discussed are as
follows:
The city Commission will need to create a "Committee On Aging" made up of
personnel who wish to work to make Dekay Beach an Elder Friendly place to live
· This Committee On Aging would be responsible for completing the Elder Ready
Report Card which is an assessment of our city's readiness to better accommodate our
senior citizens and their way of life
· Restaurants, sidewalks, lighting, bus stops, local businesses, housing as well as
transportation are only a few of the items to be looked at in order to be designated an
Elder Ready Community.
· The City Commission will play a huge role in this initiative and should make their
intentions to support this program known to the public by proclamation.
The above is a quick overview with much more to be discussed at the workshop. I
estimate no longer than a 30-minute presentation. A representative from the OMEGA
group of Palm Beach County will be with me as well. Thank you for your consideration
1 be 1~'~ fo/~,a~0.hTng~m you.
~J ~/~'~f/-~'~'-~
,~cer Skip~B oo~ ~
To:
Delray Beach Police Department
300 West Atlantic Avenue · Delray Beach, Florida 33444-3695
(561) 243-7888 Fax (561) 243-7616
The City Commission
Delray Beach, Florida
DELRAY BEACH
NI-America City
1993
From:
Officer Skip Brown
Volunteer Coordinator
Dekay Beach Police Department
Date: August 2, 2001
Dear Commissioners;
I would like to request at this time that you accept the Elder Ready Community resolution
4801 that was discussed at your last workshop meeting and support this initiative. Could
you please include this topic on the agenda for an upcoming Commission meeting so that
a proclamation supporting this project can be issued? There are some outside people
who would like to attend a commission meeting when this proclamation is read. The date
of August 21 or September 4, 2001 would be a good time at the commission meeting.
Please advise me of the date so that I may make arrangements for them to be there.
Thank you in advance for all of your cooperation.
In Your Service, /---,~ ~
~cerSkip o~~~-
STATE OF FLORIDA
~LD~
Elder Ready Community
Sample Resolution
Whereas, .supports the Department of Elder Affairs'
initiative to make Florida Elder Ready, so elders can be
independent as long as possible, and to remain in their
homes and in the communities they love; and
Whereas, the State of Florida has the highest percentage
of elders of any state in the nation, and that our elder
population will continue to increase, reaching numbers
without precedent in the first part of the XX! Century; and
Whereas, in order to allow elders to maintain their dignity,
security and independence, communities must evaluate,
assess and modify their infrastructures to become
Elder Ready; and
Whereas, =nd the Department of Elder Affairs share
the vision and responsibility to improve the life of all its citizens,
so they can prepare for and enjoy aging in place throughout
their life; and
Whereas, in order to achieve .our mutual goals, cities and
counties should begin to build touether a place free of
mobility barriers,
BE IT HEREBY RESOLVED that our community,
,will make every effort to first,
evaluate and later remove barriers to become
Elder Ready.
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
~CITY MANAGER
SUBJECT:
AGENDA ITEM q~ - REGULAR MEETING OF AUGUST 7, 2001
CONTRACT AWARD TO REPUBLIC & CONSTRUCTION
DEVELOPMENT CORPORATION/MERRITT PARK RESTROOM
DATE:
FACILITY
AUGUST 3, 2001
This is before the Commission to consider approval of a contract award in the amount of
$76,977.00, to Republic Construction & Development Corporation for the Merdtt Park Restroom
Facility. It is on the regular agenda because the recommendation is to award to the second lowest
bidder.
The lowest bid was from Newport Builders Inc. in the amount of $71,710.00, however, they did
not provide a bid bond at the time of bid opening. Therefore, the lowest responsible bidder for
this project is Republic Construction & Development Corporation
Recommend approval of the bid award in the amount of $76,977.00, to Republic Construction &
Development Corporation for the Merritt Park Restroom Facility. Funding is available from
118-1965-554-63.40 ($29,890.00) Community Improvement/Recreation Improvements, and from
334-6111 -572-62.10 ($47,110.00), General Construction/Buildings.
Ref. Agmemol4 Bid Award. RepubhcConstmction/MemttPark.08 07 01
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
~CITY MANAGER
AGENDA ITEM q~ - REGULAR MEETING OF AUGUST 7, 2001
CONTRACT AWARD TO REPUBLIC & CONSTRUCTION
DEVELOPMENT CORPORATION/MERRITT PARK RESTROOM
DATE:
FACILITY
AUGUST 3,2001
This is before the Commission to consider approval of a contract award in the amount of
$76,977.00, to Republic Construction & Development Corporation for the Merritt Park Restroom
Facility. It is on the regular agenda because the recommendation is to award to the second lowest
bidder.
The lowest bid was from Newport Builders Inc. in the amount of $71,710.00, however, they did
not provide a bid bond at the time of bid opening. Therefore, the lowest responsible bidder for
this project is Republic Construction & Development Corporation
Recommend approval of the bid award in the amount of $76,977.00, to Republic Construction &
Development Corporation for the Merritt Park Restroom Facility. Funding is available from
118-1965-554-63.40 ($29,890.00) Community Improvement/Recreation Improvements, and from
334-6111-572-62.10 ($47,110.00), General Construction/Buildings.
Ref Agmemo 14 Bid Award RepubllcConstmct~on/MemttPark 08 07 01
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
DAVID HARDEN
City Manager
VICTOR MAJTENYITP/YJfe
Assistant Construction Manager
www delrayesd, com
SUBJECT: MERRITT PARK RESTROOM FACILITY, BID AWARD (PN 2001-005)
DATE:
AUGUST 1, 2001
Attached is an Agenda Request for City Commission to approve award of contract to Republic
Construction & Development Corp. for the construction of a new 600s.f. restroom facility at Merritt
Park. The project includes of demolition of the existing facility, construction of the new CBS
structure with standing seam metal roof, overhead coil security door, irrigation and landscape.
On Tuesday, July 17, 2001, the City opened bids for this project with the lowest bid at $71,710.00
from Newport Builders Inc. The Iow bidder, however, did not provide a bid bond at the time of the
bid opening.
Therefore, staff recommends award of contract to the second bidder, Republic Construction &
Development Corporation, in the amount of $76,977.00, for the construction of this project. A
copy of the bid tabulation is attached for your review.
Staff recommends City Commission reject the lowest bid as being non-responsive, and approve
an award of construction contract to the second bidder, Republic Construction & Development
Corporation, in the amount of $76,977.00 for the construction of the new Merritt Park Restroom
Facility project. Funding is available from 118-1965-554-63.40 ($29,890.00), Community
Improvement/ Recreation Improvements, and from 334-6111-572-62.10 ($47,110.00), General
Construction Fund/Capital Outlay, Buildings.
CC~
Richard Hasko; Director of ESD
Joe Weldon; D~rector of Parks & Recreation
Howard Wight; Deputy Director of Construction, ESD
File 2001-O05 (A)
~ IESSR VOO2 ~DEPARTMENTS~EngAdmtn~Projects~2OO I ~2OO I-OO51CONSTRCTL4 genda memo 080701 doc
AGENDA REQUEST
Agenda Item No.:
Request to be placed on:
DATE: August 1, 2001
Regular Agenda
Special Agenda
Workshop Agenda
When: August 7, 2001
Description of item (who, what, where, how much): Award of contract to the second lowest bidder,
Republic Construction & Development Corp., in the amount of $76,977.00, for the construction of the
Merritt Park Restroom Facility project, P/N#2001-005. The funding for this project will be provided from
the following accounts:
Funding Source
CO~,,,T, Ui Recreation Imprv.
~w~'~'~eral Constr. Fund/Buildings
*After Budget Transfer
Account Number
118-1965-554-63.40
334-6111-572-62.10
Amount
$29,890 00'
$47,110.00 *~'
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends award of contract to Republic Construction & Development Corp.
for the construction of the Merritt Park Restroom Facility, P/N 2001-005.
Department Head ~ ~
Signature: _ _~- ~, - o (
Determination of Consistency with Comprehensive
Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items [nv~olving ,expenditure of funds):
;~ir~ :;ea~naabl~ve¢/NO ~ '~J'~JO~ '"~~ (if applicable)
Account No. & Description See above
Account Balance
City Manager Review.
Approved for agenda: YES/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
file 2001-005(A)
projects/2001-005/constrct/Agenda Req 080701.doc
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER
AGENDA ITEM ~ ~/ ' - REGULAR MEETING OF AUGUST 7, 2001
CONTRACT AWARD TO RPM GENERAL CONTRACTORS~ INC./ESD &
PD INTERIOR MODIFICATIONS
AUGUST 3, 2001
This is before the Commission to consider approval of a contract award in the amount of
$54,841.00 to RPM General Contractors, Inc. for the Environmental Services and Police
Department's interior modifications. It is on the regular agenda because the recommendation is to
award to the second lowest bidder.
The lowest bidder was New Hope Construction at $52,010.00, however, they did not properly
complete the proposal pages and did not provide a proper bid bond. Therefore, staff is
recommending RPM General Contractors, Inc. as the lowest responsible bid.
Recommend approval of the bid award in the amount of $54,841.00 to RPM General Contractor,
Inc. for the ESD & PD interior modifications. Funding is available from 441-5123-536-34.90
($30,015.00), W&S/Other Contractual Services, 001-2115-521-46.10 ($13,982.00),
Police/Building Maintenance, and 115-2111-521-49.90 ($10,844.00) Police Reserve.
Ref Agmemo 14 B~d Award RPMContractos ESD&PDModlficat~ons 08 07 01
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
DAVID HARDEN
City Manager
VICTOR MAJTENY~~
Assistant Construction Manager
www delrayesd corn
SUBJECT: ESD & PD INTERIOR MODIFICATIONS, BID AWARD (PN 2001-0011)
DATE:
AUGUST 2, 2001
Attached is an Agenda Request for City Commission to approve award of contract to RPM General
Contractors Inc. for the construction of interior improvements to the ESD Water/Sewer Break Room area
and the Police Departments first floor Conference Room. The scope of work ~ncludes demolition and
installation of drywall partitions w~th doors, modifications to electrical and HVAC systems, acoustical ceiling
~mprovements, fabrication of cabinetry, and interior finishes.
On Tuesday, July 17, 2001, the City opened bids for this project with the lowest bid at $52,010.00 from New
Hope Construction. The Iow bidder, however, did not properly complete the proposal pages and did not
provide a proper bid bond.
Therefore, staff recommends award of contract to the second bidder, RPM General Contractors Inc., in the
amount of $54,841.00, for the construction of this project. This award also reflects the approval of alternate
#1 for the Police Departments portion of work, to construct an office for the polygraph equipment which
would be replaced by the expansion of the conference room A copy of the bid tabulation is attached for
your review.
Staff recommends City Commission reject the lowest bid as being non-responsive, and approve an award
of construction contract to the second bidder, RPM General Contractors Inc., in the amount of $54,841.00
for the construction of the ESD Water/Sewer Dept. and Police Department Interior Modifications
project.
Funding is available from 441-5123-536-34.90 ($30,015.00), Water-Sewer Network/Other Contractual
Services, for the ESD portion of the work, 001-2115-521-46.10 ($13,982 00), Police Department/Building
Maintenance, and 115-,~c1'z=521-49.90 ($10,844 00), Police Department/Forint&', r',~,l'~il, ufe~ for the Police
Department portion of work.7-`
CC;
Richard Hasko; Director of ESD
Dan Beatty; Deputy Director of Public Utilities, ESD
David Junghans; Administrative Services Director, PD
Howard Wight, Deputy Director of Construction, ESD
File 2001-0011 (A)
$ IEng~4dmtnlProjectsl2OOll2OOl-OlllCONSTRCTMgenda memo 080701 doc
C
o
I--
z
22'-7"
-mm m
m~
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7~
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~x_
x~
18'-3 1/2"
+/- V~F
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I
AGENDA REQUEST
Agenda Item No' <~
Request to be placed on:
DATE: August 2, 2001
X
Regular Agenda
Special Agenda
Workshop Agenda
When: August 7, 2001
Description of item (who, what, where, how much): Award of contract to the second lowest bidder,
RPM General Contractors Inc., in the amount of $54,841.00, for the construction of the ESD Water/Sewer
Dept. and Police Dept. Interior Modifications project, P/N#2001-011. Funding for th~s project will be
provided from the following accounts.
Funding Source
ESD Wtr/Swr Netwrk/Other Cntrctl Srvcs
Police Dept./Building Mmntenance
Police Dept./~d~ra', Fc,,-f,~",tur~s
Account Number
441-5123-536-34.90 .
001-2115-521-46.10 ~[
115-211:1-521-49.90 ¢~/,~OI
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Amount
$30,015.00 ,,~.~
$13,982.00
$10,844.00
Recommendation: Staff recommends award of contract to RPM General Contractors Inc., for the
construction of the E~and Poli,ce Depa.~ment Interior Modifications project, P/N 2001-011
Department Head
Signature: oC~ -
Determination of Consistency with Comprehensive
Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Rewew (required on all ~tems involving expenditure of funds):
Funding available ~_~/NO X~ (~'2-~ I '~~
Funding alternativesv (if applicable)
Account No. & Descripbon See above
Account Balance
City Manager Review:
Approved for agenda: YES/NO
Hold Until:
Agenda
Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
file 2001-011 (A)
projects/2001-01 l/constrct/Agenda Req 080701 doc
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
t~ITY MANAGER
AGENDA ITEM # q__T- - REGULAR MEETING OF AUGUST 7, 2001
FLORIDA LEAGUE OF CITIES ANNUAL CONFERENCE/PROPOSED
DATE:
AMENDMENTS TO LEAGUE'S BY-LAWS
AUGUST 3, 2001
The 75~ Annual Conference of the Florida League of C~ties will be held at the Wyndham Palace &
Spa, Lake Buena Vista on August 23-25, 2001.
The Florida League of Cities will hold a specialbusiness session on Friday, August 24, 2001 at 7:30
a.m. The sole purpose of this meeting is to consider proposed By-laws changes recommended by the
Florida League of Ciues' Board of D~rectors.
At your meeting of July 10, 2001, Mayor David W. Schrmdt was selected to serve as the C~ty's voting
delegate representing the C~ty of Delray Beach. Again you are asked to select a delegate to attend this
specialbusiness session. Tbas delegate can be the same person, of if need be can be changed.
Recommend desxgnation of a voting delegate to cast votes on behalf of Delray Beach at the special
business session of the Florida League of Cittes.
Ref:Agmemol4.FLC.VotmgDelegate 2001 08 07 01
MEMORANDUM
FLORIDi
JUL 25 2001 .; ¢
i CiTIES ]NC.
TO: Key City Officials
r --I
FROM: Michael Sittig, Executive Directo
DATE: July 20, 2001
SUBJECT: PROPOSED AMENDMENTS TO LEAGUE'S BY-LAWS
FLC President Scott Maddox, Mayor, Tallahassee has announced the Florida League of Cities will
hold a special business session on Friday, August 24, 2001 at 7:30 a.m. (in conjunction with the
League's 75th Annual Conference, August 23-25, 2001, Wyndham Palace, Lake Buena Vista,
Florida). The sole purpose of this meeting is to consider proposed By-laws changes recommended
by the Florida League of Cities' Board of Directors.
Please check your records to assure that a voting delegate has been appointed to represent your city.
If a representative has not been appointed, please complete the attached form and return it to the
League office as soon as possible. (If you do not know, call Linda Stmense at 1-800-342-8112.)
The regular business session will also be held on Saturday afternoon, August 25, 2001 immediately
following the Past President's Luncheon (again, in conjunction with the League's 75th Annual
Conference, August 23-25, 2001, Wyndham Palace, Lake Buena Vista, Florida). This session will
be for the purpose of consideration of all other League business - Resolutions Committee Report,
Nominating Committee Report, etc.
Your city's voting delegate for each business session can be the same person, or if need be, can be
changed (i.e., if one person will be leaving the conference early). These changes, as well as all other
voting delegate questions will be handled at the Voting Delegate Desk during the conference.
As required by the League By-laws, we have attached the proposed amendments and a summary of
each amendment for your review. Please give the members of the governing body of your city
(especially your voting delegate) this notice so they will be familiar with the proposed amendments
when votes are cast at the special meeting.
If you have any questions, please call Linda Struense at 1-800-342-8112. Thank you for your
assistance in this matter. We look forward to seeing you and your city representatives at our annual
conference next month.
Attachments
301 South Bronough, Suite 300, Post Office Box 1757, Tallahassee, FL 32302~1757
Telephone (850) 222-9684 · Suncom 276-5331 , Fax (850) 222-3806 , Internet: www.flcities.com
IF YOU HAVEN'T ALREADY DONE SO, PLEASE COMPLETE
THIS FORM AND RETURN IT TO THE LEAGUE OFFICE.
THANK YOU.
75th Annual Conference
Florida League of Cities, Inc.
August 23-25, 2001
Lake Buena Vista, Florida
It is important that each member city sending delegates to the Annual Conference of the
Florida League of Cities, designate one of their officials to cast their votes at the Annual
Business Session. League By-Laws requires that each city select one person to serve as the
city's voting delegate.
Please fill out this form and return it to the League office so that your voting delegate may be
properly identified.
Designation of Voting Delegate
Name of Voting Delegate:
Title:
City of:
AUTHORIZED BY:
Name
Title
Remm this form to:
Gail Dennard
Florida League of Cities, Inc.
Post Office Box 1757
Tallahassee, FL 32302-1757
or Fax to Gail Dennard at (850) 222-3806
Schedule of Activities
For
Voting Delegates
Florida League of Cities'
Annual Conference - August 23-25, 2001
Lake Buena Vista, Florida
Friday, August 24, 2001:
7:00 a.m.-7:30 a.m. Voting Delegate Information Desk Open
for questions and designation of Voting Delegates
(Voting credentials will be distributed on an as-needed
basis if a vote becomes necessary.)
7:30 a.m.-8:30 a.m.
Special Business Meeting Convenes
(Discussion and Final Vote on Proposed By-law
Changes) (Voting delegates are asked to sit in
designated areas only. President will explain the
voting procedure and the agenda for the special
business meeting.)
Saturday, August 25, 2001:
Immediately Following Luncheon- (approximately 2:00 p.m.)
Voting Delegates Pick Up Voting Credentials and
proceed to designated area in Business Session
Business Session convenes when all voting delegates
have their credentials. (The President will explain the
voting procedure and the agenda for the business
meeting.)
SUMMARY AND PRESENTATION OF
PROPOSED BY-LAWS AMENDMENTS
The following is a summary of the proposed amendments:
AT-LARGE BOARD SEATS:
Currently, the League's by-laws provide for the Board of Directors to include 5
additional at-large directors appointed by the Board." The FLC Board of Directors
recommends the "5 at-large" category of seats be eliminated and replaced with a
category that includes all Past Presidents serving in office.
PROPOSED BY-LAWS AMENDMENT
AT-LARGE BOARD SEATS
Art. II, Sec. 5(A) of the by-laws is amended to read as follows:
Article II - Board of Directors
Section 5. There shall be three categories of directors as herein provided:
(A) At-Large
(1) The President, the First Vice President, and the Second Vice
President;
(2) The ex'z immediate All Past Presidents who are still a duly
elected official of a member in good standing of the League_
(3) An officer of the National League of Cities if such officer is otherwise
qualified to serve as a director;
NOMINATING COMMITTEE:
Currently, the League's by-laws provide the President will appoint a Nominating
Committee, numbering no less than 15 and no more than 25 members, to meet at
the annual conference to recommend persons to serve as the League's officers and
directors. The Board recommends the maximum number of members serving on
the committee remain at 25; however, the FLC Board of Directors further
recommends that all FLC Past Presidents serve on the Committee and the
remaining members be appointed by the President.
PROPOSED BY-LAWS AMENDMENT
NOMINATING COMMITTEE
Art. VI, Sec. 3., of the by-laws is amended to read as follows:
Article VI - Annual Meeting
Section 3. T~,o D~-,,o;,~,~,,, oholl .... ;*'* ~ A Nominating Committee of not
less than 15 or more than 25 te se:':e will meet at the annual meeting and to
evaluate and recommend persons to serve as officers and directors of the
League for the forthcoming year. All Past Presidents who are still a duly
elected official of a member in good standing of the League shall serve on
the Committee. The President shall appoint the remaining members of the
Committee. Nominations from the floor shall require a two-thirds vote of
the members present for consideration. All persons nominated to serve as
Directers directors from the respective districts established pursuant to Art.
II, Sec. 5(B) and (C) shall be duly elected officials of members located in
such districts.
DELRAY BEACH
1993
CITY CLERK
100 N.W 1st AVENUE
DELRAY BEACH FLOFrD,- ~-
2OOl
Ms. Gall Dennard
F]oficla League of C_Jfies, Inc.
P.O. Box 1757
Tallahassee, FL 32302-1757
Re: Designation of Voting Ddegate
Dear Ms. Dennard:
Please be advised that Mayor David W. Schmidt has been selected by the Delray Beach t..%
Commission to serve as the City's voting delegate at the 75'h Annual Conference of the Florida
League of Cities, Inc., to be held August 23-25, 2001, in Lake Buena Vista.
Should you have any questions, please do not hesitate to contact me at 561/243-7051.
Sincerely,
Barbara Garito, CMC
Acting City Clerk
bg
Enclosure
CoDe Mayor & Commissioners
David T. Harden, City Manager
MiscLtr. FLCVotmgDelegate.AnnualConference
THE EFFORT ALWAYS MATTERS
MEMORANDUM
TO:
FROM:
SUBJECT:
lXChYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM # q ~ - REGULAR MEETING OF JULY 10, 2001
DESIGNATION OF VOTING DELEGATE/FLORIDA LEAGUE OF
CITIES ANNUAL CONFERENCE
DATE: JULY 6, 2001
The 75t,h Annual Conference of the Florida League of C~ties xvill be held at the Wyndham Palace &
Spa, Lake Buena V~sta on August 23-25, 2001.
The League encourages each member citT to send as man), delegates as possible to the conference,
and also requests that each city designate one of its officials to cast votes at the annual business
sessmn League by-laxvs require that each city select one person to serve as the city's voting delegate.
Last year Cormmss~oner Archer xvas selected as the voting delegate. Either the Mayor, any one of the
Com_rmssioners, or the City Manager may be designated to serve in thts capacity.
Recommend designation of a voting delegate to cast votes on behalf of Delta), Beach at the annual
business session of the Florida League of Crees.
Ref Agrnemol 4.FLC.VotmgDelegate 2001
FLORIDA LEAGUE OF CITIES INC.
MEMORANDUM
TO:
FROM:
DATE:
City Managers/City Clerks
Michael Sittig, Executive Director ~"
June 8, 2001
SUBJECT:
75th Annual Conference - Downtown: Connecting Communities, Cultures
and Commerce
VOTING DELEGATE AND RESOLUTION INFORMATION
August 23-25, 2001 - Wyndham Palace & Spa, Lake Buena Vista
As you know, the Florida League of Cities' Annual Conference will be held at the Wyndham
Palace Resort and Spa in Lake Buena Vista on August 23-25. This year's theme, Downtown:
Connecting Communities, Culture and Commerce, will provide valuable educational
opportunities to help Florida's city officials serve their citizenry more effectively.
It is important that each city designate one person to be the voting delegate. Policy
development, election of League leadership and adoption of resolutions are undertaken during
the business meeting. One official from each city will make decisions that determine the
direction of the League.
Registration materials have already been sent to each city. Call us if you need additional
copies. We have attached the procedures your city should follow for presenting resolutions to
the League membership. Resolutions must be received by the League no later than July
20, 2001. Should you have any questions or need additional information, please feel free to
call Allison Payne or Jenny Auderson at Suncom 278-5331 or (890) 342-8112.
Attachments:
Form Designating Voting Delegate
Procedures for Submitting Conference Resolutions
301 South Bronough, Suite 300, Post Office Box 1757, Tallahassee, FL 32302-1757
Telephone (850) 222-9684 · Suncorn 278-5331 · Fax (850) 222-3806 ~ Intern·t: www.flclties.com
Procedures for Submitting Resolutions
Florida League of Cities 75th Annual Conference
Wyndham Palace Resort
Lake Buena Vista, Florida
August 23-25, 2001
In order to fairly systematize the method for presenting resolutions to the League
membership, the following procedures have been instituted:
(1}
(2)
(3)
(4)
(5)
Proposed resolutions must be submitted in writing, to be received in the League
office a minimum of 30 days prior to the first day of the annual conference.
Proposed resolutions will be rewritten for proper form, duplicated by the League
office and distributed to members of the Resolution Committee at least 15 days
prior to the first day of the annual conference. (Whenever possible, multiple
resolutions on a similar issue will be rewritten to encompass the essential subject
matter in a single resolution with a listing of original proposers.)
Proposed resolutions may be submitted directly to the Resolutions Committee at
the conference; however, a favorable two-thirds vote of the committee will be
necessary to consider such resolutions.
Proposed resolutions may be submitted directly to the business session of the
conference without prior committee approval by a vote of two-thirds of the
members present. In addition, a favorable weighted vote of a majority of members
present will be required for adoption.
Proposed resolutions relating to state legislation will be referred to the appropriate
standing policy committee. Such proposals will not be considered by the
Resolutions Committee at the conference; however, all state legislative issues will
be considered by the standing policy committees and the Legislative Committee,
prior to the membership, at the annual Legislative Conference each fall. At that
time, a state Legislative Policy Statement will be adopted.
Resolutions must be received by the League no later than July 20, 2001. Cities unable to
formally adopt a resolution 30 days prior to the first day of the conference may submit a
letter to the League office indicating their city is considering the adoption of a resolution,
outlining the subject thereof in as much detail as possible, and this letter will be forwarded
to the Resolutions Committee for consideration in anticipation of receipt of the formal
resolution.
75th Annual Conference
Florida League of Cities, Inc.
August 23-25, 2001
Lake Buena Vista, Florida
It is important that each member city sending delegates to the Annual Conference of the
Flor/da League of Cities, designate one of their officials to cast their votes at the Annual
Business Session. League By-Laws requires that each city select one person to serve as the
city's voting delegate.
Please fill out this form and return it to the League office so that your voting delegate may be
properly identified.
Designation of Voting Delegate
Name of Voting Delegate:
Title:
City of:
AUTHORIZED BY:
Name
Title
Retum this form to:
Gail Dennard
Florida League of Cities, Inc.
Post Office Box 1757
Tallahassee, FL 32302-1757
or Fax to Gail Dennard at (850) 222-3806
Important Dates
June 11~ 2001
Notice to Local and Regional League Presidents and Municipal Associations
regarding the Resolutions Committee
July 15
Appointment of Resolutions Committee Members
July 20
Deadline for Submitting Resolutions to the League office
July 24
Resolutions Mailed to Associations Requesting Nominees to the
Resolutions Committee
August 23
League Standing Committee Meetings
Resolutions Committee Meeting
Voting Delegates Registration
August 25
Immediately Following Luncheon - Pick Up Voting Delegate Credentials
Followed by Annual Business Session
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
~,~YOR AND CITY COMMISSIONERS '
/(5ITY MANAGER
AGENDA ITEM ~,,T- REGULAR MEETING OF AUGUST 7, 2001
APPOINTMENTS TO THE PLANNING AND ZONING BOARD
AUGUST 3, 2001
The terms for Robm B~rd, Elaine Moms and Pat Stark will expire on August 31, 2001. Mr. Bird
has served two (2) full consecutive terms and is not eligible for reappointment. Mrs. Morns and
Ms. Stark have served one (1) full term. Both are eligible for reappomtment and would hke to
be considered for an adchtional term. Attendance records are attached. The term ~s for two
years ending August 31, 2003.
In order to qualify for appointment, a person shall be either be a resident of, own property, own
a business or be an officer, director or manager of a business located w~thin the C~ty.
The following have submitted applicauons and would like to be for considered:
Mayer Abbo
David Beale
John Bennett
Christopher Brown
Salvatore Coco
Ilyne Cooper
Leonard Epstien
Joe Federman
Shirley Israel
Cecil Jamison
James Keavney
Mark Krall
Elaine Moms (recumbent)
Clmstina H. Momson
David O'Connor
Joseph Pnke
Benjamin Ricker III
Dale Robertson
Thuy Shutt
Jeffrey Sflberstein
Pat Stark (incumbent)
Timm Sweeney
Kevin Warner
Jilhan Woehlkens
Andrew Youngross
A check to confirm that all are registered voters was completed. Also, a check for code
molanons and/or municipal liens was conducted. None were found.
Based on the rotatton system, the appointment will be made by Commissioner Levmson (Seat
#3), Comrmssxoner McCarthy (Seat #4) and Mayor Schrmdt (Seat #5).
Recommend appointment of three (3) members to the Planning and Zoning Board with terms
ending August 31, 2003.
boardcommass~on memo p&z 8 01
BOARD MEMBER APPLICATION
1993
Pl~se type or print the {ollowi~ information:
1. La~ }',lam~: ..~.~,~:,~ Name ~~
2. H~e A~s: ~ S~ Zip
3. ~ ~siden~: ' ~ Stye Zip ~e
4. P~dpfl B~ess A&s: ~ ~ai~: ~ St~ ~p
5. HomePhone: Bus~essPhone: E-M~A~ess: ~Phone: ~) F~:
6. ~e you a re~er~ voter? If so, wh~e ~e ~ r~e~? .
7. ~ ~a(s) ~ 7o~ ~~ ~
9. Edu~fio~ q~fio~:
10. Ha ~ ~lat~ profession~ ~6ons ~d h~es w~& you hold:
] L G{~e %o~ ~r~ent, o~ most ~e~t ~~, ~ ~s~o~:
12. Describe ~den~, ~s or ~owl~e ~ ~you to ~me on ~s bo~& ¢l~e an~ch a brief
co~~ ~e ~~~~ ap~mt I ~ ~ive.
~m~ ~m
~m~ ~m m::ma~
Note: This application will remain on file in tl~'(git~ Or~'~d s Ottlce for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure tha~ a current application is on file.
$~CITYCLEI~BOARD~J~PL1CATION
MAYER ABBO ARCHITECT AND ASSOCIATES, INC.
AA0003 142
Mayer Abbo Architect and Associates, provides a unique blend of design
excellence, technological support and personal attention that has built the firm's success
in satisfying the needs and expectations of its clients. The company's main goal is the
pursuit of excellence in design, through a personalized service that is on schedule and
within budget. Using CAD applications and advanced technology systems, Mayer Abbo
Architect and Associates assures the most efficient and practical design solutions. The
rum has completed a number of high-end luxury homes, multi-family residential projects,
interior space planning and tenant improvement designs which reflect its commitment to
the highest quality standards.
Mayer S Abbo, founder and principal architect of the firm, received a Master of
Architecture degree from the Massachusetts Institute of Technology and a Bachelor of
Design in Architecture degree from The University of Florida. He is a member of the
American Institute of Architects (AIA) and is also actively involved in numerous
community organizations. Mr. Abbo focuses in giving his clients the best of services and
a clear vision of their individual projects.
Comprehensive services provided by Mayer/lbbo ~lrcMtect and ~Issoclates include:
· Architecture
· ProjectProgramming
· Concept Planning
· Site Analysis and Land Planning
· Space Planning and Interiors
· Project Administration and Site Design Visits
ARCHITECTURE
INTERIOR DESIGN
SPACE PLANNING
355 N E FIFTH AVE , SUITE 7 DELI:lAY BEACH, FL 33483 TELEPHONE 561.272 0703 FACSIMILE 561.272 4949
WWW MAYERABBOARCH COM MAYEROMAYERABBOARCH COM
EDUCATION
MAYER ABBO ARCHITECT AND ASSOCIATES, INC.
AA0003 142
1990- 1992 Massachmetts Imtitute of Technology
1986- 1990 Univemity of Florida
STATUS
~, Flodda
WORK EXPERIENCE
State of Florida
AR - 0016289
1996- Present Mayer Abbo Architect and Associates, Inc. I~lray Beach, Florida
Speri,li~ing in custom luma7 homes, multi-family residential projects, int~ot space planning, commercial and tenant
imptov~t jobs.
~ngle F~mily Homes
Custom residence for Mt. And Mrs. Anaoscia in ST. Andrews Country Club, Boca Raton FL- a 9,000 sq. ft 2 story
1 ,u~utious Mediterranean custom home overlooking the golf course.
· Various old Florida style custom homes in the FT. Lauderdale, FL~ ~tter front community of Rio Vista.
The Shlesinger residence at Foxe Chase, Deltay Beach FL- a 7,000 sq. ft 2 story high end Mediterranean style custom
home in a lushly tropical l-acre plus lot.
· The Bergex residence at Foxe Chase, Deltay Beach FL- a 6,000 sq. fa single story counyarxl style home.
· Residence for Altamira Iaxxury Homes at Foxe Chase, Dekay Beach FL- a 5,000 scI. ft single story contemporary
home.
· The Miller residence in L~ke Worth FL- a 4,000 sq. ft 2 s~o~y Mi~n~' style custom home overlooking the intracoastal
vrater ~y.
· Residence fo~ Savion Lum~ Homes in Golden Harbour, Boca Ratoa FL- a 5,000 sq. ft 2 story custom home
overlooking a deep water canal in one of Boca Reton's most lnes6gious wam-firmt communities.
· The Abbo Residence at Foxe Chase, Dehay Beach FL- a 4,600 sq. ft single story contmnpomry home designed around
one hun&ed year old oak lxees in a rate and enchanting acre plus property.
· Custom home for Mrachek Bros., lac. in Delray Beach FL- an award winning two stogr Inuacoaslal wat~ front home
published in Florida Arehitec~e.
ARCHITECTURE
IN'TERIOR DESIGN
SPACE PLANNING
355 N E FIFTH AVE., SUITE 7 DELRAY BEACH, FL 33483 'TELEPHONE. 561.272.0703 FACSIMILE 581.272 4949
WWW MAYERABBOARCH COM MAYEROMAYERABBOARCH COM
MAYER ABBO ARCHITECT AND ASSOCIATES, INC.
AA0003142
· The Smith Residence at Peliean Cove, Ocean Ridge FL- Interior t~ovation of · single story luxurious water front
residence.
· Proposal for ~n Addition/Renov~ttion to the C~det Hotel in So~th Beth, FL- design proposal to renowate, restore
~ld to the historic C~det Hotel ~vitch housed such sutr~ ~s Ci~k C~ble during the Second World
· Dent~ Office for Dr. Norm Fmichel, L~ke Worth Flori& (app. 3.500 sq. ft)- sp~ce pl,,,ing md interior hyout
design for a sing4e story medical office stvace located in a shopping center pi,,,
· Proposal for a Hyperbaric Medical Suite at Mercy Hospital, Miami FL - ~l~ace phtming md design for a new medical
office space of app. 6,000 sq. ft.
· Bank of America proposal on East Atlantic Ave. in Delray Beach, FL- a large scale multi f:aceted p~ject consisting of
both residential ~nd commen:ial space.
PROFESSIONAL MEMBERSHIPS & ACADEMIC AFFILIATIONS
· The Atmican Institute of Architects
· ~ National Council of Arehitecnual Registration Board
· MIT Alumni Association of the Palm Be~ches
· PalmBeach AIA
ARCHITECTURE
INTERIOR DESIGN
SPACE PLANNING
355 N E FIFTH AVE , surlrE 7 DELRAY BEACH, FL 33483 TELEPHONE 561,272 0703 FACSIMILE 561 272 4949
WWW MAYERABBOARCH COM MAYEROMAYERABBOARCH.COM
DELRAY BEACH
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1993
Please type or print the tbllowing information:
1. Last Name:: B.~LE' Name-,..I,.L)lq(./i ~ M,~.l,fitial
2. Home Adclress:
3. Legal Residence
4. Principal Business Address:
5. flume Phone:~,5,-6))
6.
City
State
State
State
Z~.~Code
Zip Code
Zip Code
7 '- i!~3~'sz°
7. ~s[ all City Boards on which you are currently serving or have previously served: (Please include dates)
8. Educational qualifications:
9. List any related professional certifications and lic.enses which you hold:
,'z,oa ~,~ /9~1o.,. /,~e.w.yoc~c. 3Ar'z
10. Give your present, or most recent employer, and p~,s)tion:
FEB 1 6 201)I
CITY CLERK
I I. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume)
I hereby certify that all the above statements are true, and I agree and understand that any
misstatement of material facts contained in this application may cause forfeiture upon my part
I may receive. RECEIVED
DATE /
Note:
'rhis application will remain on lile in the City Clerk's Office for a period of 2 years from the dak: it was
sublnitted. It will be the applicant's responsibility to ensure that a current application is on lile.
ADMITTED
FLORIDA AND NE~ YORK
NEW YORK NEW YORK 10017
DAVID A. BEALE,
Attarney and CounJd~ at Law
355 N.E. 5~ Awnue - S~ite #1
DELRAY BEACH, FLORIDA 33483
TELEPHONE (561) 243.1477
FACSIMILE (561) 24,3.3166
EMAIL d~3B~com,,il.,,,lu
CEI. J., PHONE (561) 213-2040
NEW YORK OFFICE.
7~0 THIRD AVENUE - ~ FLOOR
TELEPHONE (212) ~-0203
OR (212) 6B2-22BB
FACSIMILE (212) 6B2-2~7~
DAVID A. BEALE
David A. Beale is a graduate of Cornell University (B.S. 1971) and Fordham Law School O.D.
1974, Law Review 1972-74). He is a member of the New York Bar (1975) and Florida Bar (1990).
David Beale is a member of The American Bar Assodation, The Florida Bar Association, New York
State Bar Association, Association of the Bar of City of New York, Palm Beach County Bar
Association, and the South Palm Beach County Bar Association. He belongs to the Entertainment
Arts and Sports Law Section of the Florida Bar, where he is on the Executive Council and Chatrman of
the Publishing Committee. He is also active in the Media Law Committee of the Florida Bar, and the
Intellectual Property Law Section of the New York Bar Association.
Mr. Beale has spent his entire career representing the needs of small businesses and their
owners, the sizes of which range from start-ups to companies with $100 million in sales. His practice
encompasses all types of corporate, partnership, employment and commercial agreements, including
leases, property purchases, and financing agreements, as well as all types of litigation that relate
thereto. He is able to work with clients who have sole proprietorships as well as partnerships and
corporations, and to guide them through the intricacies of licenses, fictitious names, incorporation,
corporate document requirements, employment agreements, shareholder, voting and buy-sell
agreements, confidentiality and non-compete agreements, mergers and acquisitions and creditors
rights. Mr. Beale can give guidance on vendor, service and software agreements, as well as negotiate
and litigate disputes over same.
Mr. Beale frequently develops new approaches to issues and problems when advising clients
and, as needed, when litigating on a national level, while remaining constantly aware of the client's
desire to remain cost efficient in today's economy.
On a personal level, Mr. Beale can advise and counsel on all types of matters, including wills,
trusts, health surrogates, powers of attorney, living wills, and probate, real estate, rentals, name
changes, bankruptcies, debtors and creditors rights and homeowner and association rights. When a
client's need arises, he works with the best attorneys in the fields of matrimonial, personal injury and
estate planning. Real estate closings can take place in his suite, with title work done by associated
counsel.
Clients of the firm are found in the areas of banking, publishing, distribution, marketing,
licensing, food, drugs, cosmetics, restaurants, real property, direct mail, fulfillment, accounting, non-
profits, party planning, catering, equipment sales and financing, and employee management and
training. He has extensive experience in employment law issues, and spends a great amount of time
counseling companies and their human resources professionals with questions concerning
discrimination, harassment, disabilities, EEO, Family Medical Leave and Fair Labor Standards. If such
issues cannot be resolved by counseling and negotiation, Mr. Beale has litigated all types of
employment law issues.
Mr. Beale is outside general counsel to a national and international distributor of magazines
and books, employing over 1500 persons nationally. Mr. Beale has also represented national
magazine and book publishers, and film and video producers, and has negotiated and drafted
contracts for clients that cover every conceivable area of need, including copyright, trademark, rights
acquisition, licensing, publishing, distribution, printing, mergers, and assets and stock purchase and
sale agreements.
He also has extensive litigation experience in state and federal courts all over the country in all
related areas, which include infringements of all types, libel, slander, invasion of rights of privacy and
publicity, First Amendment issues, unfair competition, as well as enforcement of contract rights in
these areas.
COMMUNITY ACTIVITIES
Mr. Beale believes it is important to participate and give back to the community he serves. As
such, Mr. Beale is a member of the Delray Beach Chamber of Commerce, where he sits on the Local
Governmental Affairs Committee and the Year 2000 Awareness Group. He is also on the Capital
Campaign Committee of Pineapple Grove Main Street, Inc. and its Grove Arrwalk Project where he
does the legal work on a pro bono basis. Mr. Beale also is Vice President for Youth and Education of
Temple Beth El in Boca Raton, and is a Director and Executive Board Member of the Jewish
Education Commission of the Jewish Federation of South Palm Beach County.
INTELLECTUAL PROPERTY AND MEDIA PRACTICE
David A. Beale is experienced to handle a wide array of issues and problems in this practice
area, including representation of magazine and book publishers, distributors, film and video
producers.
The areas of expertise covered by Mr. Beale's practice include the following:
Trademark and Cot~vriuht Practice This area encompasses everything from
registrations, development, licensing, infringements and unfair trade practices.
Experience includes litigation of ~dl types, from the Trademark Office to federal court
actions for infringement action, including the prosecution and defense of preliminary
injunctions.
Publishing - The firm has extensive experience in negotiating both magazine and book
contracts covering the following areas: publishing rights, printing, distribution,
licensing and fulfillment.
* Media - The firm can meet all need in this area, including, libel, slander, rights of
privacy and publicity and all other First Amendment issues.
EMPLOYMENT LAW PRACTICE
Mr. Beale has represented clients with employment law problems ranging in size from five to
two thousand employees, in every aspect from counseling to litigation. He has represented clients
before Unites States District Courts in employment related cases all over the country, as well as
appearing before the EEOC and state human rights agencies in Florida, New York, Tennessee,
Illinois, Texas and Missouri.
David A. Beale believes the most effective way to handle employment law claims is through a
preventive approach. This means that he will work with each client long before any claims arise. If a
problem surfaces, litigation can be handled in a cost effective and professional manner.
In today's business environment, companies are recognizing that it is essential for an
experienced lawyer to draft and/or review employment policies, procedures and provide training to all
supervisory personnel. After extensive consulting with the client's Director of Human Resources, or
other responsible individuals, in order to determine the problems and issues specific to each client,
Mr. Beale will ensure that the client is prepared to handle the wide array of employment law issues
that may arise. These may include one or more of the following areas of employment law:
*Hiring and evaluating employees
*Supervisory traini~
*Employment discrimination, and lmras,smenc
Title VII, ADEA, ADA
*Employee personnel files and right to privac~
*Employee evaltmtion
*Securtty ~ssues
*Job s~fery
*l~duction ,n force; re-~ngineerin$
*Compensation & ~ork scheduks
*Employee Compemation & fringe benefits
*Employment termination
*Employment contracts & agreements
*Drug te~ting
*No smoking polici~
*Disciplinary programs and procedures
*AIDS
*Family Medi,g~d Leave Act
In counseling and litigation, Mr. Beale emphasis the business approach that employers
appreciate, taking into consideration the need to nm a business in today's competitive climate while
complying with the law, and helping employers achieve the optimum from their employees, i.e., their
human resources. His loss prevention and litigation skills are needed to serve your needs, and work
with your Human Resources on a regular basis (daily, weekly, as required) to create a partnership. No
employer should face today's employment law problems alone. David Beale will always be available
to be your partner in problem solving.
DELRAY BEACH
® BOARD MEMBER APPLICATION
1993
Please type or print the following information:
1. _]~.~t Name:: Name Middle Initial
2. Home Address: t~--~ State Zip Code
3. Legal Residence City State Zip Code
4. Principal Business Address: City State Zip Code
~/A
5. Home Phone: 2.~"q' M - ~ GO B~iness Phone: M/A ] F~:
6. ~hat Board(s) ~e you interested in seining?
7. List all CiW Boards on which you ~e e~ently se~ing or have previously se~ed: (Pie~e include dates)
8. Educational qualifications:
9. List any related professional ee~ifications ~d licenses which you hold:
10. Give ~ur~ ~ost recent employer, and ~sition:
O' .. o
11. Describe experiences, skills or/knowledge which quali~ you to se~e on ~is board: (Please a~ch a brief resume)
I hereby ce~i~ that all the above statements are t~e, and I agree and unde~tand that any
misstatement o~ material facts contained in this application may cause fo~eiture upon my pa~
s~~ J U L 0 6 2000
CITY CLERK
Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
S~C ITYCLERK~BOARD~.PP L lC ATION
JollN C. W. BENNETt
137 SEABREEZ£ AVENUE
I)E~R~¥ BEt, Ca, FL 33483-7017
EMPLOYMENT:
1995-present, retired naval officer
1974-1995, naval officer with a variety of assignments, including 6
years in the Pentagon (3 as a Policy Planner) and service on
several higher level headquarters staffs.
1973-1974, law clerk to the Honorable Paul H. Roney, then of the U.S.
Court of Appeals for the Fifth (now Eleventh) Circuit in St.
Petersburg, FL
EDUCATION:
L.L.M., Law & Marine Affairs: University of Washington, 1981
J.D.: Georgetown University Law Center (editor, Law Journal), 1973
B.A. Economics (with High Honors): Swarthmore College, 1970
COMMUNITY ACTIVITIES:
Member, Delray Beach Visions 2010 Steering Committee
Vice President r~
..... , ...... ,, ,,~,,,,,,s and Trustee, Beach Property
Owners' Association
Vice President and Director, Progressive Residents of Delray
Member, School Advisory Committee, Atlantic Community H.S.
Member, Atlantic H.S. Band Boosters Organization (Pit Crew)
Member, School Advisory' Committee, Roosevelt Community M.S.
( 1996-1999)
Volunteer at Atlantic Community H.S. (mostly driving)
PROFESSIONAL AFFILIATIONS:
District of Columbia Bar (Inactive)
American Bar Association
American Society of International Law
U.S. Naval Institute
To any Board, I would bring my ingrained sense of fairness and respect for
appropriate process. I have academic and practical experience in policy
analysis, as well as extensive experience in applying rules and regulations
to specific circumstances. I bring education in law and economics to the
table, but have no clients, who could require me to recuse myself from a
Board action. As I have no active practice or other business, I do not have
to worry about the impacts that the time demands of Board service could
have on my livelihood.
With regard to the Planning and Zoning Board, I have attended quite a few
meetings and have spoken both for and against projects. In the course of
researching my stands, I have acquired some familiarity with many
aspects of the City's Land Development Regulations (LDRs), which would
enable me to hit the ground running should I be appointed.
As for the Historic Preservation Board, I have attended a number of
meetings and am somewhat familiar with the pertinent LDRs from
researching projects and issues of interest. My interest in the history of
Delray Beach was demonstrated by the original research (approximately
50 pages) I provided to the City's Historic Preservation Planner for use in
the recent City-wide inventory of historic structures.
® BOARD MEMBER APPLICATION
1993
Please type or print the following information:
2. Home Address. City
3. Legal Residence City State Zip Code'
4. city~ , /' ' ~, , ', sm. re, Zip Code __
mrln~/p~ B/~ ~ss~
Home Phone: .~.~/~
s.
6. What Board(s)are you ,nterested in se~ing?
7. LiSt all C~, ~oaros on wmcn you are cu~entl~ se~ing or nave prevrous~v se~ed' (Please ~nctuoe oaten)
8. Educational quahficahons
9. List any related prof~sibnal fiemfications and licenges w~ich'you hold:
10. G~ve your present, or most recem employer, and position
/
I I Describe experiences, skdls or knowledge which quah~ you to se~e o~this bo~d: (~~h a bric,resume)
I her~b~c~at all the above statements are true, and I agree and unde~tand that any
m~a~ ent ~aterial facts contained in this application may ~use fo~eiture upon my pa~
~fa~/ap~,oin~ ~ may r~ceive. REOEIVED
~ ~, NAY Z ~ 2001
OIlY CL~RK
Note'
This application will remain on file in the City Clerk's Office for a period of 2 years from the date It was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
$~CIT'~ CLERK~IOAI[DLNPPLIC ATION
Ma~ ~9 O! 07: 46a p. 3
CHRISTOPHER J. BROWN
218 N. W. Ninth Street
Delray Beach, FL 33444
chrjambrown~aol.com
(561) 265-1148 and (561) 265-1419 fax
PROFESSIONAL DEVELOPMENT
Christopher J. Brown & Associates Delray Beach, FL 2000-Present
Pres,dent of consulting firm speciahz~ng in planning, market research, economic analys~s, and urban
development
Delray Beach Community Redevelopment Agency Delray Beach, FL 1991-2000
Executp, e D~rector of Tax Increment Financing D~strict, concentrating on commercial and residential
rcv~tahzat~on of the dox, nto~vn and adjacent res~denttal netghborhoods.
Court Realty. and Development Boca Raton, FL 1983 - 1991
President of real estate development and consulting firm. spectahzing tn ~estdent~al, smgle-famfl.x and
multi-fam,ly projects
Ca~npeau Corporation West Palm Beach, FL 1980 - 1983
Florida Reg;onal V,ce President of international real estate development company, concentrating on large
scale, ocean-front condominiums and golf course communities.
Christopher J. Brown & Associates Houston, TX 1975 - 1980
President of consulnng firm specmhzing in planning, market research, economic analysis, and urban
development
Mitchell Energy & Development Corp. Houston, TX 1973 - 1975
General Manager of d~verstfied residential, conunercial, and industrial real estate development company
Company developed new town, "Woodlands."
EDUCATION AND OTHER EXPERIENCE
Master of City. Planning, University of Pennsylvania, School of Fine .arts and Wharton Business
School; Master of Architecture, University of Pe~msylvanla: Bachelor of Arts, Fh~e Arts. Yale
Umvers~ty. Adjunct Professor, Rme University School of Architecture, University of HoustOn Law
Memberships: Florida Redevelopment Associanon, [ntemattonal Council of Shopping Centers, Urban
Land Institute, Congress of New Urbanism, and Cotmcil of Urban Economic Development
Boards: Palm Beach County hnpact Review Board (1994-present), Florida Redevelopment Assooation
(1995-present), Palm Beach Photographic Center (2000-present), Palm Beach County Overall Economic
Development Board (1996-2000), Business Loan Fund of the Palm Beaches (1996-present) and Pahn
Beach County Conx ention Center Task Force (1997- 1998)
Licensed: General Contractor, Real Estate Broker, State of Florida
Language: Span,sh
Oul-ll-O1 13:58 COCO & COCO, PA 561-276-4470
DELI~,Y BEACH
fill
BOARD MEMBER APPLICATION
1993
2001
4. l~:mc,p~l Bus~a Address: C~r~ S:atc Zip Coct~
~5 I{ome 1;h~c* Business ..... Phone:- F.-M~ Addx'ess' ~hone: ~~~Fax: ~
6. ~reyoua~tetcdvotcr> - [fs(>,~h~e~cyour~ze~> .... ~ ~.~ ......
7. ~at Bo~d(s) are you ~crest<d m s~g~ Plc~c hst ~ ,acer o/prcf~ence:
___LasT~~°P:- - - x~Cuch you are cu~,'e~tly serving or have l>rcv~ou~l) sc~cd: ~l¢:sse include ~tatc. s)
List ani :e. la~cd pzofessional ccmficadons ~ud licen.,cs ~l~ch you hold.
G~ve ¥o~ present, or most recent eanploy~t, and posiuon
12 Dcscntz c.xpcrtenc,-.,~, gkilL~ oz tmovde~c which ~lusli~ you to se,we op this boast: (l~lc~se ~t~cb .~ bncf~e~um~)
co~~:S~l~uo~ may ca~-e forfc~t~e upon my p~t oF ~y appo~,=~r l~y re~,-r.
SIGNATU'~~ ~ DAT~~~
RECEIVED
JUL 1 1 2001
CITY CLERK
Jun-30-99 11:59 COCO & COCO. PA 561-276-4470 P.03
Salvatore G Coco
Pnncipal
COCO + COCO, ..^.
EducalJo_nj.'
* I~achelor of Architecture, 1987
Affiliation~:
· American Institute of Architects
· National Council Architectural Registration Board
bcenses:
· Florida, Archltecture and Interior Design / 1996
· New York, Architecture / 1990
Background,
Salvatore G. Coco has a lifelong exposure to the construction and
design professions Past experience has ranged from multi-story luxury
residential projects, nursing homes, educational facilities, public libraries.
commercial buildings and aviabon projects. These experiences began at
Coco & Baldassano Architects, a predecessor firm established ~n 1965 by
Sa~vatore Coco, Sr
Later as Associate Architect in one of the Nation's oldest
architectural firms he concenl~ated on public educabonal design including
several public libraries and the associated construction documents. This
included coordination with consultants and user groups in order to achieve
a comprehensive and clear set of construcbon documents. A well-planned
facility cuslomized to the user constructed in local techniques, completed
timely and within budget was the successful objective.
Since 1995 Mr. Coco has worked on several large-scale multi-
disciplinary airport developments projects. This included the Project
Management of over one mdhon square feet in design and construction
over a four-year pedod totaling over $2.50M in construction budget, He also
led the thirty-person Coco & Coco, P.A. team which acted as the Architect
& Owners Representative for the $75M Addrdon and Expansion to
Aeropuerto Internacional Reina Beatnx in Aruba, Dutch Caribbean,
These experiences included an overall ab,lity to understand the
needs of different users, agencies and tenants. All of these entities were
integrated into these multi-functional airport facilibes. Well-planned phasing
of design and construction enabled continuously operating fac~hties
throughout these consbuction projects. Knowledge of buildings systems
and cc)des related to the life. safety and welfare of the public was essential
to the success of all these endeavors. The fully developed understanding of
these processes is the cornerstone in the successful development of any
building project.
DELRAY B F~,CH
BOARD MEMBER APPLIGATION
1993
Please type or print the following information:
1. La~ ~4ame': ~~~.. Name ~ L ~ 0 ~" ~ i.
3. ~g~ Resident: ~ ut ~ ~F ct ~ State Zip ~e
4. P~6p~ Bus'ess A~ess: ~ ~ t~ State Zip ~e
, t ~ ~ L~ ~ ~
5. Home Phone:Bus,ess Phone:E-M~ Ad&ess: ~ Phone: F~:
77~'b~ >%-b~q iO~¢~~l.~ >~,-~,, >7~-~e
6.~eyoua~e~edvo=~ ~e= ~f'°'~he~e=ey°u~e~e~lT/.~ ~~
,.
8. N~ ~ G~ Bo~& on wNch you ~e ~m~ se~g or have pre~om~ ~e& ~le~e ~clu~ &~s) ~ ¢
9. Edu=6o~q,~!i~=~ons: t~' _~ ~ ~ ~ ~ __ .
10. N~ ~rel}ted prpfession~ ~tions md ~nses wNch~ou hold:
I hereby ~ ~at ~ ~e above uat~ents ~e tree, md I ~ee md ~&mmd ~at my ~smment of m~ fa~
a i ~s appian ~ 7°ffei~" E } avp°i=ent I ~ =eivm / [
~ .AY 29 2001 =.~ ~/~v/
Note:
This apportion ~ rm~ on fie ~ ~ U~~~ for a pefi~ of 2 y~s from ~e &re it w~
sub~aed, h ~ be the app~mt's responsib~ to enmre ~at a ~em apportion is on ~e.
~I~C~O~PLICATION
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
° ~e
Zip Cc,d~
5. I"Ic~c Phone: I B~ncss Phone:
I
6.
E-M.~A~
!
8. ].~ ~ C~ ~cb on which 7ou ~c ~ se~vlnS or l~vc p~-viou~ s~v'c& (:Ple. e inck~ dm4
il: Giv~ your present or rno~t recent ertmloye~, and poh6.om
HAY 0 7 2001
CiTY CLERK
3120 NW. 15th Street
Delray Beach, Fla. 33445
April 25, 2001
Dear Ms. Warren;
I have received your guide to advisory boards and committees. I have read it
carefully and it seems to me that only a limited number of openings will be
available. I am interested and have enclosed my preferences below.
Site plan and appearance Board
Planning & Zoning Board
I think that my background experience in business in New Jersey would be
valuable to board service. I would be happy to discuss this with you and see if
what I can offer would be appropriate.
I think the City should consider a new committee to address the needs of senior
citizens and frail elderly. There should be a resource center for the seniors to get
information needed about city, county and state and federal agencies available to
them. I recently took the Senior course given at the Delray Police Dept. with
Officer Skip Brown and found it educational. I also have completed the
leadership course at the Area Agency on Aging and am a public speaker for that
group. We must address the seniors current needs.
If you want to reach me for further discussion, please call me at 561-272-0330.
Sincerely yours, ~ ~
Leonard Epstien ' __
of' Temple Anshei Shalom, Delray ~each, ~elegat:e to
Association, past Board member of the Palm
South
the Alliance of Delrav
B~ach Jewish FEderation,
Chairman of Family Division of PeSeration, past Board member of the Donna
~{lein Jewish Day School. Past Board Member of RAinber¥¥ BaY, Delrav Beach
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1993
Please q~ or prim the follow;n~_ inform~on:
2. Home Address: State Zip
3. Legal Residence: City State Zip Code
4. Principal Bus[ness Address: ' " City State Zip Code
5. Home Phone: Business Phone: Cell Phone: E'Mail Address: Fax:
6. Are you a l~e~gistered Voter? _.~ If so, where are. yo.u. _/~deredL "
8. LiF. all Ci.'ty Boards on which you ~e _~..~_tly serving or have previously serve& (Please inducing_ dates) ..
9. Educational qualifications: , .
1.0. List any related professional certifications and licenses .which you ho]d: ot/,~¢~ ~,/~;~¢',~'~_,~
11. Give your present,~or most recent etna_ ploy.er, and positi?~ '__ ~, _ ~ /_ . '
~2. De,cfi,be experiences, skills or knowledge ~d~ich quali.'k~ou to serv~ on.this bqar~ ~lease attach a b~ief resume).. __
Note: This application w~l remain on file in the C.~ Clerk's Office for a period of 2 years from the date it was
submittecL It w~l be the applicant's responsibility to ensure that a current application is on file.
RECEIVED
APR 2 4 2001
CITY CLERK
S~CITYCLERK '~ O ARD"~,~PLIC ATI ON
My name is Joe Federman; I have been living at Pines West
since July of 1996, and have served in the following capacities:
In New York, I spent three (3) years on the Citizens Advisory
Committee to a New York State Assemblyman.
In Florida, I served as Chairman of an Adhoc Committee for
Condominium takeover from the Developer in Ft. Lauderdale.
I was active in the Legal, Budget, and Finance Committee's, as
Well as on the Advisory Committee to update the Condominium
Documents and By-Laws.
Served two (2) consecutive terms on the Board of Directors
And then as President of a 316 unit Condominium.
Now serving my fourth year on the Pines Board of
Administration, Finance Committee and served my
first year as Vice President of the association.
Committee chairman, to revise and update the
Pines West documents and By-Laws for the Association.
Attending 'quarterly meetings with the Mayor of Delray Beach.
Semi-monthly City Commission Meetings and the Delray
Beach Forum for Visions 2010 Assembly.
TH£ ASS I:'MBLY'
STATE: OF' NI='W YORK
ALBANY
March 22, 1976
~tr. ~omeph Federman
550 B. Pine Street
Long Beach, N.Y.
I vas delighted to learn that ~ou Bave
agreed to serve on ~ Legislative Advimory
Committee.
We are in the proceew' n~ o£ ehooeing
time and place ~Eoz the fftret ~eeting. You
rill be given the epeci£ics very eboctly.
! loo]c £orva~:d to ~orkinq with
Thank you for agreeing 1:o serve.
x/
aJl. cq..,
Sincerely,
pELK~¥ I~CH,
BOARD MEMBER APPLICATION
1993
1. LaS~
2. Home Adc[tess:
3. LeGal Residence' -'
4. Principal ,Business._Address:
Please type or print the following information:
5. Home Phone: ~-~} ) P"7 ~- ~ "7 ~ 4
6. What Bo.~(s) are yo,u interested in s~rvin.~?
City
City ~ '-
City
Business Phone: ( )
State
State
Middle Initial
Zip Code
Zip Code
Zip Code
7. List ali City Boards on which you are currently serving or have previously served: (Please include dates)
DELRAY BEACH
BOARD MEMBER APPLICATION
1993
Please type or print the following information:
1, Last Name:: ~ . 1 Name.,, . t, "N ] Mid~lJ~ Initial
2. Home Address: -- ' _ _/.- .~ / City ~ k..... ~ State IZip Code
3. Legal Residence - I City -- / ' I State [ Zip Code
4. Principal Busine~ Address.'_ I City~ _/ ,.. J Stat_g.e I Zip Code .
. Business Phon~.' Fax: [
s..om ehon : 774 77a I
6. What Board(s) are you interested in serving? ~ ~ i --
I
7. List all City Boards,a,~tvhich you are currently serving or have previously served: (Please include dates)
8. Educational qualifications:
9. List any related professional certifications and licenses which you hold:
[ 10. Give your present, or most recent employer, and position:
I hereby certify that afl the above statements are true, and I agree and understand that any
missta~men~ of ~aT]erial facts c~ntained in this application may cause forfeiture upon my part
of/~y~pp~m~/~YImayrece/v~. RECEIVED
~
~/~UI~'~''',
sa~pp GITY CLEFIK
Note: Thi lication will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
S~CITYC LERKLBOARDYLPPLI CATION
O3
Please type or 1~4nt the,,f, ollowing iaformatiom
1. Last N~ne:: I Name
State Zip Code
4 Priacil~l Business Address: ' [ Cit~ .
i ~uslness Phone: Fax:
5. HomoPhone: ~_~&! ZT'Z- ~"5~Co ~o! ~7&
6. What lloa~d(s) ~ you imerested Lq servingo.
7. List ali City Boards on which you are ettrrently serv!ng o: have prev;,ously servel: (Pleasc incluck: da:es)
~ion./qualifications:
9. Li~ any .related [~r~f~$ional certifications and :iceuses which y~.~ hold:
' 10. Give your present, ot mo~t re;eat employer, and position:
11. Describe e,xpedences, skills or knowledie which qt~li~ ~ou to ~er,¢'~m ~is board: (Please attach a brief resume)
! hereby certify :ha: all :he above statements are true~ and I agree and unclecsl:and thaC any
misstatement of material facts contained In thls application may cause forfeiture upon my pa~
gore' This application will remain on file kn r. he City Clerk's Office for a peri. od of 2 }'ears from the daze it v,-as
submittc& It will be the applicam's responsibi!i,T to ensure that a current application is on filc.
RECEIVED
IdlY 1 6 2066
CITY CLERK
JAMES C. I~AVlVEY
ARC]:I1TECT
Mr. Keavney has been practicing architecture in the State of Florida since 198~, recentlyjo'ming
Eliopoulos & Associates having been associated with Mr. Eliopoulos at a prior firm.
EDUCATION:
UNIVERSITY OF MIAMI
Miami, Flori(Lt
ARCHITECTURAL ASSOCIATION
London, England
REGISTRATION:
Architect:
Certifi~: Florida 13894
Bachelor of Architecture, 1986
Student Exchange Progrnm, 1984
NCARB: #AR 0016878
EXPERIENCE:
Mr. Keavney has an extensive portfolio of experience and knowledge pertinent to project
management and multi-discipline team coordination for a variety of project types. His experienc~ with
local, municipal and federal agencies in the areas of code research and interpretation, construction
document development, project implementation and ability to coordinate with a multitude of
consultants insures that each project is delivered with optimum efficiency and thorough detail with
d~sign.
Some of the many projects that Mr. Keavney has managed include the BrickeH Station
Riverwalk, an historic renovation in Ft Lauderdale; numerous commercial renovations and restaurants
such as Roadhouse Grill, Miami Subs, Friend's Caf~ and Little Mermaid are a few of the recent jobs
that he has managed. In addition to these local restaurants, he has designed and managed custom
homes throughout south Florida as well as in the New England area. Other local commercial jobs
include the new Tampa Electric Offi~ in Supiter Park of Commerce, the White House Restoration in
Delray Beach and the Delray Beach City Hall renovation.
James C. Keavney
2934 SW 22' Circle, Unit B
Delray Beach, FL 33445
Home: 561.272.8356 Office: 561.276.6011
Jim Keavney is a registered architect in the State of Florida` He studied architecUn'e at the University
of Miami and was selected to study at the Architectural Association in I~ndon, England for one year
as part of an exchange program. He received his Bachelor of Architecture from the university of Miami
and has been working with architecture fn'ms in South Florida since 1986. Some of the firms he has
been employed at include Edward D. Stone Landscape Architects, Jeff Falkanger & Associates
Architects, Quincy Johnson & Associates, and Robert G. Currie Architects. He is currently employed
at Eliopoulos Architecture.
Some of the many projects that Sim has managed include The Brickell Station Riverwalk a historic
renovation in Ft. I auderdale, and numerous commercial renovations and resmimnts such as Roadhouse
Grill, Miami Subs, Friend's Cafe, and The Little Mermaid are a few recent jobs that Jim has managed.
In addition to these local restaurants he has designed and managed custom homes throughout South
Florida as well in the New England area. Other local commercial jobs include the new Tampa Electric
office in Jupiter Park of Commerce, the White House historic renovation in Delray Beach and the
Delray beach City Hall renovation
Jim is a current resident of Delray Beach and works in the city. His goal would be to pursue an active
position in the preservation and well being of this city.
'1111!
1993
LISTIC~ & ~RALL
CII~ CI~RK
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
PAGE 02
Plcasc type or print die following information:
1. Lair Name::
2. Hondo Address:
3. Legal l~esidence
/
4. Principal Business A~ldress:
$. Home Phone: (.~l~ 'B~ ~] -%-'
Slate
State
}vllddlc Initial
&.
Zip Code
Zip Code
Zip
B~s--~~s Fhon~: ~g-7,1A~ ] Fax:
Wl~a! Board(s'} are you interested in ~rvlaag'?
3
7. Li, si 411 Ci~ Board~ on which you are 9~rrently $c~tnR or have pmvio~ly ~: &le~ ]~ date~)
8. Bducational q~lifieations:
9 Li~t 2v~y relined professional cer0fi~ions ~nd ~ce~ which you h01d:
10. G ire )our present, or most recent employer, argl position:
1 l. l~escribe experiences. *kills or knowledge which qtmlify you to serve on thi~ board: (Please attach ~-briefresunle)
~[sstat~en~ of ~a~er;a; f~s camry[ned ;n ~h[s ~p~/[cat]on may cause ~e;t~re u~on ~y pa~
SlG~A~U~ DATE
Note: ~is application ~fl rem on ~le ~ ~ Ci~ Cl.~'s Office for a period of 2 y~ ~om the date il was
sub~. It ~11 be ~c ~p~t's respo~ib/liw to ensm'c ~t a c~cnt appUca~on is on file.
' ECEIVED
liAR 2 2 2000
cory CLERK
MARK L. KRALL
LISTICK & KRALL, P.A.
616 E. Atlantic Avenue
Delray Beach, FL. 33483
(407) 276-7424
EDUCATION:
HONORS:
PROFESSIONAL
EXPERIENCE:
5/87-Present
lO/84-5/87
9/89--10/84
COMMUNITY
INVOLVEMENT:
MEMBERS HI PS:
LL~-T~TION
1982, University of Miami,
Florida - Top 12%
Coral Gables,
JURIS DOCTOR
1981, Nova Law Center, Ft. Lauderdale,
Florida - Top 25%
BBA-ACCOUNTING 1978, University of Miami,
Florida - Top 10%
Coral Gables,
Beta Ga~a Sigma - National Honorary Business Fraternity
Beta Alpha Psi - National Honorary Accounting Fraternity
Alpha Lamda Delta - National Freshman Honor Society
LISTICK & KRALL, P.A., Delray Beach, Florida
Practice of law in the areas of Residential and Commercial
Real Estate, including Zoning and Mortgage Finance, Estate
Planning, Wills and Trusts, Probate, -Federal, State and
International Taxation, Condominium Law and Corporate Law.
RHOADS & SINON, Boca Raton, Florida
Practice of law in the areas of Residential and commercial
Real Estate, Estate Planning, Wills and Trusts, Probate,
Federal, State and International Taxation, Condominium Law and
Corporate Law.
PRICE WATERHOUSE, Miami, Florida
Senior tax accountant and consultant in all areas of Federal,
State and International Taxation, including practice before
the Internal Revenue Service at the District Level.
Chairman, Planning and Zoning Board, City of Delray Beach,
1990-1993; Member, Board of Adjustment, City of Delray Beach,
1988-1990; Board of Directors, Delray Beach Chamber of
Commerce, 1991-1993.
Palm Beach County Bar Association, Florida Bar Association.
07/24/01 H 10:06 FA/ 561 243 37'74 CITY
DELR. AY BEACH
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1993
2001
I~10Ol
Please tFpe o, print the following information:
2. Hom.e Ad&ess: Cit~ Stat~ Zip Code.
5. Legal Residence: City ~ State Zip Code
5. Home ~hone: Busb~ss Phone: E-M~0 A~css: _ C~11 Phone: F~x:
a. ;J,t ~ G~ Bo,~ o: w~c~ you ~e ~=~$ s~ing ot have previously s~e& ~lmse Mclude'dat~) .....
9. Educa~on~ q~Jfi~dons:
10. ~t ~y rebted pt°f~sion~ c=fifica~ons and ~censds ~m~ you hol& r,: --
1i'. G~e yo~ presen~ ot mo~ ~e~nt employs, md position:
~ ~ J
I h~by Fe~ that ~ ~e able stat~, a~e ~e. md I ~ee ~d ~d~d mat ~y ~ss~rem~t
eont~ ~s ,p~~Aause foffd~e up~ &~f~a~m~ent t maI tec= e./. /
s~m~f ' J U L 2 6 2001 /
Elaine H. Morris
1046 Melaleuca Road
Delray Beach, FL 33483
(561) 278-1123...fax (561) 276-5577
Over the past 22 years, Elaine Morris has established herself as a top commercial real estate consultant in
both tenant/buyer and landlord/seller representations and has also been responsible for several very
significant land assemblages and investment sale transactions. In 1994, Ms. Morris formed her own real
estate brokerage corporation, Morris Realty Group, which specializes in client oriented commercial leasing
and investment sales.
Her prior experience was with Southcoast Partners Realty, Inc., in Boca Raton, Florida, where she was
Director of Marketing from 1991 to 1994, which followed a successful ten year career which began in 1981
with Cushman & Wakefield in both their Ft. Lauderdale, Florida and Dallas, Texas offices. She was
honored by Cushman & Wakefield as a National Top Producer at their 1990 Corporate Sales Convention.
From 1976 to 1981, Ms. Morris was with Eagan Real Estate, Syracuse, New York. Ms. Morris maintains
active real estate licenses in both Florida and Texas.
During her extensive career, Ms. Morris has been responsible for the successful leasing of over 1,670,000
square feet of space and over $73,000,000 in sales transactions. Partial lists of the more recent transactions
follow:
Exclusive Leasing Representations (Partial List):
· Sapphire/1901, LTD, owner of 1901 Military Trail, Boca Raton, Florida; an 60,600 square foot office
project.
· Parkwood Properties, Inc., owner of NationsBank Tower, 150 E. Palmetto Park Road, Boca Raton,
Florida; an office project currently comprised of a 108,000 square foot tower on a 9.5 acre site in the
preliminary planning stages for a 480,000 square foot mixed-use development.
· Sunbelt Corporate, owner of 800 Corporate Drive, Fort Lauderdale, Florida - a 121,300 square foot
building in Radice Corporate Center.
· TCF National Properties and The Aspen Exchange Corporation, owners of The Exchange, 3306-3363
Commercial Boulevard West, Fort Lauderdale, Florida; a 183,000 square foot, five building garden
office project.
· Raymond D. Nasher Company, owner of NorthPark I, II, III, IV, North Central Expressway, Dallas,
Texas.
Tenant Representations (Partial List):
· Gibson, Dunn and Crutcher- 63,500 s.f. of leases.
· Kimberly Quality Care - 28,640 s.f. of leases.
· John Hancock Financial Services - 18,000 s.f. of leases.
· Whirlpool Corporation (Mastercrafl Kitchen Division)- 16,000 s.f. lease.
· Late Oil Company- 22,000 s.f. lease.
· Southwestern Bell - 48,000 s.f. lease.
· Rockwell International - 12,450 s.f. lease.
Eastman Kodak -3,880 s.f. lease.
Ford Consumer Finance - 6,200 s.f. lease.
MCC, A division of Cigna- 6,300 s.f. lease.
· Mezzanotte- 10,209 s.f. lease.
· Advest, Inc. - 5,214 s.f. lease.
· Direct To Retail - 3,860 s.f. lease.
· Mitsumi Electronics - 8,230 s.f. lease.
Sales Transactions (Partial List):
· Bridgeside Square - 2,500,000 "in fill" land assemblage at Oakland Park and the Intracoastal waterway;
a public/private mixed-use development of 246 apartment units, 15,000 SF of retail; 30,000 SF of
office; public/private garage parking.
· 70 Inc. - 22 acres at Sunrise & Sawgrass, Sunrise, Florida; currently under contract.
· Sundown Vitamins - $2,300,000; 60,000 s.f. office building sale; 851 Broken Sound Parkway,
Hollywood, Florida.
· First Union National Bank of Florida - $1,850,000; 82,077 s.f. mini warehouse facility sale; 851 Knights
Road, Hollywood, Florida.
· First Union National Bank of Florida - $525,000; 18,000 s.f. mini warehouse facility/land; 14216
Military Tail, Delray Beach, Florida.
· First Union National Bank of Florida - $720,000; 28,900 s.f. mini warehouse facility/land; 900 Barnett
Drive, Lake Worth, Florida.
· First Union National Bank of Florida - $1,350,000; 3.27 acre marina/restaurant facility; 1500 NE 23rd
Avenue, Pompano Beach, Florida.
· First Union National Bank of Florida - $710,000; 50,000 SF warehouse industrial building sale; 3400
Gateway Drive, Pompano Beach, Florida.
· The Cumberland Federal S&L - represented bank in the disposition of 560-units of apartments and 14
acres of access land - $14,800,000, Arlington, Texas.
· Watt Family Trust - $2,580,000; 92,000 s.f. building sale, Houston, Texas.
Clll~el-g.
1994 - Present
1991 - 1994
1989 -1991
Morris Realty Group
Boca Raton, Florida
Broker/Principal, Commercial Brokerage.
Southcoast Partners Realty, Inc.
Boca Raton, Florida,
Commercial Brokerage.
Cushman & Wakefield of Florida, Inc.
Fort Lauderdale, Florida
Commercial Brokerage.
1981- 1989
Cushman & Wakefield of Texas, Inc.
Dallas, Texas
Commercial Brokerage.
1976- 1981
Eagan Real Estate, Inc.
Syracuse, New York
Sales Associate.
Education:
1985 - 1987
Attended: SMU, Costa Institute of Real Estate Finance, Edwin L. Cox School
of Business.
1971 - 1973
University of Louisville, Louisville, Kentucky - Graduated with honors; BA
Degree; Graduate Studies: Urban Planning.
1969 - 1971
OtherAccomplishments:
1973- 1977
Case Western Reserve University - Cleveland, Ohio - Dean's List.
Wittenberg University - Springfield, Ohio.
New York State Historical Preservation Grant Recipient for Museum
Study/Technical Assistance. Grant Study in Small Town Revitalization, Library
and Museum Sciences, Photographic Archiving from which I taught several
workshops, seminars and courses in multi-disciplined areas of museum and local
historical interest.
1973
Independent Research and Collaboration with Professor Waiter E. Langsam
published in The Magazine Antiques, "Louisville Mansions from Civil War to
World War I" (April 1974. Vol. CV, Ns 4, pp. 855-869.)
Board Positions:
1996 - Present
1975- 1979
New Pines Foundation, Inc. - Board Member.
Manlius Historical Society and Museum - Founding Member and Member
of the Board of Directors.
P. rofessional/Civic Organizations
· CREW (Commercial Real Estate Women)
· NAIOP (National Association of Office and Industrial Parks)
· South Florida Office Brokers
· Realtors Association of the Palm Beaches, Inc.
· ULI (Urban Land Institute)
· Boca Raton Chamber of Commerce
· Palm Beach Historical Society
· National Trust for Historic Preservation
· The Norton Museum of Art; The Elizabeth Norton Society
References:
Available upon request.
NI-America City
BOARD MEMBER APPLICATION
1993
2001
Please type or print the following information:
1. Las~ ~am~: - Name
2. Home Address: City State Zip Code
3. Legal Residence: Ci~ S~te Z~p Code
4. P~cipal Business Ad.ess: Ci~ S~te Zip Code
5. Home Phone: Business Phone: E-M~ Ad.ess: Ce~ Phone: Fax:
6. Are you a re~stered voter? If so, where are you re~stered?
fi ~at Board(s) are you Interested m se~Mg? Please ~st ~ order of preference:
8. ~st a~ Ci~ Boards on w~ch you are c~renflv se~n~ or have ~rev~ouslv se~ed: ~lease include dates)
9. EdA~uonal qu~ficauons:_
10. L~st any ~elated professional ce~ficafions and ~censes w~ch you hold:
11. Give your present, or most recent employer, and position:
12. Describe expgfiences, s~s or ~le~e wMch qu~ you to se~e on ~s board: ~lease attach a brief resume)
.g4/o
I herebya__cerfi~ mat an~~e above statements are ~~4 W~Orstand ~at any ~sstatement of material facts
co~~ ~:~p~~e forfei=e upon my part of any appom=ent
I may
receive.
Note:
Thas apphcafion wtll remain on file in the City Clerk's Office for a period of 2 years from the date ~t was
submitted. It will be the applicant's responsxbility to ensure that a current applicauon is on file.
S\C I TYCLERK~B OARD\APPLICATION
CHRISTINA MORRISON, CPM
BACKGROUND DATA
Christina Morrison is a Certified Property Manager (CPM) and a Licensed Florida Real
Estate Broker. She has been active in the real estate industry for over 20 years; her
areas of expertise include acquisitions, development, property management, sales and
leasing management, training, and all phases of real estate marketing.
For the past several years, Chris has been the Director of Property Management for the
Southern Division of the Pennsylvania Real Estate Investment Trust (PREIT), a
publicly-traded company based in Philadelphia, Pennsylvania. Her duties included
the supervision of apartment portfolios ranging from 2300 units to 3100 units in several
states, the successful re-development of three apartment properties, and the authoring
of the company's Policies and Procedures Manual and various training seminars on
Leasing, Fair Housing, Safety, and assorted other topics.
Prior to joining PREIT, Chris was National Marketing and Training Director for
Regency Windsor Companies, an apartment development and management firm based
in Vero Beach, Florida. Chris' responsibilities with Regency Windsor included the
analysis, development, and coordination of marketing activities for all properties
managed by Regency Windsor, encompassing over 12,000 apartment homes in eight
states, and the development and implementation of various training programs for all
Managers and Leasing Consultants.
From 1991 until 1994, Chris was Director of Property Management for First
Montgomery Properties of King of Prussia, Pennsylvania, overseeing the management
and leasing of over 3,900 apartment and condominium units in four states.
&
Chris is a graduate of Penn State University and is a Past Director and President of The
Institute of Real Estate Management, Delaware Valley Chapter. She is currently
President-Elect of the IREM - West Palm Beach Chapter. Chris is also a national
instructor for the Institute of Real Estate Management, based in Chicago, Illinois, and
trains Property Managers and Leasing Consultants throughout the country.
2954 FLORIDA BLVD.
DELRAY BEACH, FLORIDA 33483
561.27Z67~8
IN~LRAY BEACH
BOARD MEMBER APPLICATION
1993
Please type or print the £ollowins information:
Last N~e:O ,~ 04V'a~,P-
2. Home Address:
u
CRy
City
State
State
SI.la
Middle Initial
Z~ Code
Zip Code
Zip o.;.
$. HomePhBne:~/ ) Z'TZ - Z'//O~O Business Phone: (5'/ol) 2'7 ~-- - ~lqq-
6. What Board(s)are you interested in serving?
7. List all City Boards on which you are currently serving or have previously served: (Please include dates)
List any related professional certifications and licenses which you hold:
10. Give your present, or most recent employer, .and position:
! 1. Describe ~kperiences, skills/er knowledge which_qualify you to serve on this board: (Pleasesttach a brief resume)
I hereby certify that all the above statements are true, and I agree and understand that any
misstatement of material facts contained in this application may cause forfeiture upon my part of
',GNATURE / ~ DATE
Note: This application will remain on file in the City Clerk's Office for a period 0f2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
~CITYCLER,K'~O~ICATI ON
David F. O'Connor
David F. O'Connor is a co-founder of Riparian Inc., a computer systems and networking
company, and serves as president and chief executive officer. Riparian is engaged in
providing new computer technologies to small business customers.
Prior to Riparian, Mr. O'Connor was employed by Zenith Data Systems (ZDS) of
Buffalo Grove, Illinois, as executive vice president, worldwide product group. ZDS had
worldwide PC and Server computer sales of more than $1.4 billion. Mr. O'Connor
reported to the Chairman and CEO, and established and managed four operating divisions
engaged in product development, marketing and manufacturing of network and server,
desktop, notebook and mobile systems. He also served on the Group Bull Senior
Management Committee, the ZDS Strategic Con-uv, ittee and the ZDS Executive
Committee.
While at ZDS, Mr. O'Connor reduced research and development costs fi.om 6% to 2.5%
of revenue, expanded the product line through strategic partnerships and leveraged the
Company's investments in server, networking and mobile systems intellectual property.
As a result, revenue increased by 35% annually while unit prices continued to decline.
Mr. O'Connor also increased gross margins by combining volume purchases with
strategic partners and initiating a common parts strategy across multiple product lines.
Among the leading computer companies, ZDS moved upward fi.om a number 16 ranking
in 1992, in worldwide computer units shipped, to a number eight ranking in 1993. In
1994, ZDS achieved profitability after many years of major losses.
Prior to ZDS, Mr. O'Connor served as vice president of operations for Cumulus
Corporation in Cleveland, Ohio. He reported to the Chairman, managed multi-location
engineering, manufacturing and distribution operations and was responsible for new
technology development, product line marketing, revenue contribution, profit, and
inventory tums. The Company's revenue increased fi'om $53 million to $250 million in
18 months by adding multiple personal computers to the product line, improving product
availability, and maintaining competitive pricing and programs in the major dealer
channels. In conjunction with Merrill Lynch as lead underwriter, he co-developed the
documentation required for an initial public offering.
As vice president for publicly traded CheckRobot Incorporated, a start-up technology
company, Mr. O'Connor developed and marketed automated self-checkout systems for
supermarkets fi.om their Deerfield Beach, Florida headquarters. He successfully
transformed the concept of a self-checkout system into a commercially viable, easy-to-
use product for consumers. Mr. O'Connor reported to the CEO, directed engineering,
manufacturing and international business and participated in the secondary public
offering with Kemper Financial. He also negotiated and established marketing
agreements with IBM and NCR to sell Automated Checkout Systems through their Retail
Systems organization in the United States and Europe.
While employed by the IBM Corporation for 19 years, Mr. O'Connor was most notably
recognized as the product development manager for the IBM Personal Computer and for
the development of the IBM PCAT and PS/2 M30 product lines. Prior to his leaving
IBM in 1986, he was a Systems Manager in the Entry Systems Division in Boca Raton,
Florida. He directed product development, marketing and operations management of
IBM's $1,000 to $3,000 business area which represented over $5 billion in annual
revenues. Products included the IBM PC, PCXT, PCAT, PC. jr., the PS/2 model 30 and all
system peripherals.
Mr. O'Connor holds numerous patents in computer systems architecture and received the
following awards while employed at IBM: The IBM Corporate Excellence Award for the
development of the IBM Personal Computer, Entry Systems Division Excellence Awards
for technology leadership in the IBM PCAT and Management Excellence of the IBM
PC Jr. program.
During his education Mr. O'Connor has received the "Highest Distinction Award" from
the Executive Institute's Program on Management of High Technology Companies at
Stanford University, Palo Alto, California. He successfully completed the Presidents
Class of the Advanced Business Institute at Harvard Business School, Boston,
Massachusetts and the Executive Program of Financial Management at Cornell Business
School, Ithaca, New York. He received an Associate Degree in Electronics Technology
from Northwestern Electronics Institute, Minneapolis, Minnesota and completed post
graduate classes in Engineering and Systems Architecture at Florida Atlantic University,
Boca Raton, Florida.
Mr. O'Connor also serves on the Industrial Advisory Board for the Center For
Employment Training (CET) in Delray Beach, Florida. CET is a 30-year-old non-profit
organization headquartered in San Jose, California that provides job training.
Additionally, he is Chairman of the Delray Beach Business Leaders, a group of
networking professionals that are part of the Delray Beach Chamber of Commerce and is
a founding member of the Delray Beach Police Volunteer Marine Patrol.
DELRAY BEACH
® BOARD MEMBER APPLICATION
1993
Please type or print the following information:
State Zip Code
2. Home Address: ~j_~- L~K~- ~-~/d //b/,4~' City Q~gff
3. ~g~ Resident: G~ State Zip ~e
4. P~dp~ Bus'ess A~ess: ~ State Zip ~e'
5. Home Pgone: Bus.ess Phone: E-M~ A~ess: ~ Phone: F~:
6. Me you a re~uered voter? Y~5 If so, where ~e you re~uer~?
8. ~ ~ ~W Bo~& on wNch you ~ ~en~ se~g or have pre~om~ se~e& ~le~e ~du~ ~tes)
10. ~a my relied profession~ ~nifi~fions md ~nses wMch you hold:
1 I. Give yo~ present, or mo~ re~nt empl~er, md posi6on:
12. Describe ~pefiences, s~s or ~owl~e wNch q~y~ to se~e on ~s bo~& Ple~e a~ a b~ef re~e)
I hereby.~ ~t ~ ~e a~ve ~atemen= =e ~~~,e:~r=d
con~ed ~ ~s a~=~~ {omi=e ~ ~%~ppo~=ent I ~ r=eive.
SIGNA~~/ DATE
/ / OlWV OI
/ OIT~
Note: TI~/~ ~plication will remain on file in th~ ~ :e for a period of 2 years from the date it was
st/6mitted. It will be the applicant's responsibility to ensure that a current application is on file.
S',CI TYCL ERK~,BOARD'tAPPL I C A TI ON
Associates, Incorporated
JOSEPH A. PIKE, P.E., CFEA
Mr. Pike is presidem of EDA and has over fifteen years of experience in civil and
environmental engineering. His daily responsibilities include the management and completion
of individual engineering, permitting, and environmental cleanup projects.
Mr. Pike is a Florida licensed Professional Engineer as well as a Certified Florida
Environmental Assessor. He has performed numerous Phase I and Phase II Environmental
Site Assessments related to property transfers and refinancing. His Storage Tank related
experiences include supervising the removal and closure of many aboveground and
upderground fuel storage tanks. For new or retrofit installations, he has designed a number
of underground storage ~xflc systems as well as secondary containment systems for large-scale
tank farms. His site investigation and remediation experience also includes; performing
ground water and soil investigations for the delineation of contaminated soils and ground
water, development and design of remediation programs for contaminated sites and
implementation of the remediation projects. Mr. Pike has been involved in the emergency
response efforts related to several aircra~ accidents on both coasts of Florida.
Mr. Pike also has extensive experience in Site Planning and Civil Engineering. His past
accomplishments include: Designing, permitting, and providing construction oversight for
parcels within large-scale planned unit developments. Lead permitting engineer on major
projects in Palm Beach County and Martin County. Designing and permitting of County and
State thoroughfare roadways.
He is well versed in dealing with a multitude of agencies on the Federal, State, and Local
levels for the permitting of wetland and other environmental concerns. He has successfully
obtained permitting for a wide range of specialty projects including marina dredge-and-fill
activities, navigable canal construction, wetland avoidance, wetland mitigation, large-scale
hydric soils restoration, and installations waterward of the Coastal Construction Control Line.
He has also coordinated projects involving jurisdictional determinations between multiple
agencies.
Mr. Pike has represented local governments and private clients in mediations related to
engineering defects and environmental issues. He has represented Palm Beach County
Roadway Acquisition Depmh~ent in developing reasonable and fair land prices for eminent
domain proceedings.
Mr. Pike's Contracting License and construction background provide a depth of field
knowledge not typically found in design individuals. This bac~und is relied upon in his
construction observations and construction administrative tasks and has proven invaluable in
298 Pineapple Grove Way · Delray Beach, Florida 33444
Fax (561) 274-8558 Phone (561) 274-6500
me past when timely field decisions have been required to keep a construction project moving
forward.
BACKGROUND:
BS, Civil Engineering, University of Florida, 1985
Professional Engineer, State of Florida ~42696
Certified General Contractor, Florida Registration #CGC042072
Florida Certified Environmental Assessor
Registered Environmental Property Assessor
u2 ].9 99 FR! .1.5..'],5 F.A,~L 1 5Gl. ZT4 ~,~107 .K I W LU
O~,~.I,',~D 'J.J:I.U 09:4? 1-.~.,~ ~,B.1.
BOARD MEMBER APPLICATION
Plea.se type or print the fallowing information:
1. Last :Name:
~ T CT~ I~.R TTT
2. Home Address:
25 ,.Pe l±canPointe
3. Legal Residence
as a~ove
Dr. #101
4. Princip,al Business ACk/mss:
as aDo,ve
5, Home Phone: ( 561 )274- 9576
Name
BEN J~/~I N F.
,Delray Beach
City Suite
City S~u:
BusincssPhonc: t61 )274-9576
F1
Middle [a it i'"'~
Zip Code
]~3483
tZip Cod~
Zip Codg
6. WhatBo~d(s)~eyouin~rested
Planning & Zoning ~.__',~,
7. L,istallCi~ Bo~dsonwh/chyou ~ecu~entlyse~ingorhavepreviouslyse~:~leas~inclu~ dates) 1960/70
City of Cocoa Beach, Recreation Board, Brevard Cry Planning & Zoning Boar
Cocoa Beach City Council, 1967-70, Vice Mayor
£ducat,onal qualifications:
Universi%y of Fla. School of Marketing
9. Listan) mla~dprof~sionaice~ificationsandllcen~swhichyouhold:
10. Gtve your presen~ or most recent employer, ~d position:
~W ~ T~ ~REgID~NT
__ RISK MANAGEMLENT CO,
ll.D¢~cr/bee~egences, sMlSor ~owledgewMchqu~i~youwse~eon~isboard:(Ple~eaxmchab~fresume)
AS ABOVE
I hereby certify that ali the above statements are true, and I agree and understand that any
rnisstatememt of ma[er£al facts confined in this application may cause forfeiture upon my par~ of
DATE
Note: This application will remain on file in thc City'Clerk's Office for a period of 2 ye~-s ~rom tl2e d~t¢ it was
submirzed. Il will be Che apphcant's responsibility to ensure tJmit a current application is or~ file,
RTW
MAN~Z~T ~NA~ ~ BY AMERICAN
H/U~CH 1987-PRE5~
COK~RATE PRESIDe. I~IW, Risk Man~jers was orga~zed ~ p~vl~
rt~ ~~nt f~~ s~h ~ r~k f~~g ~d loss ~o~
for t~tes wl~ ~ r~ of light ~fa~ur~g. ~e
~tlve for ~ c~y's ~att~ ~s ~ fill t~ r~k ~qe-
~t re~~t for ~tes ~ size ~ld ~lly pr~lu~
~ f~ ~r~q a risk ~9er.
COLE ASSOCIATES SYNDICAT~
O~rlRAL PLA~ BROKERS
B.D. COLE,INC.
CCTOBER, 1982-ffA~CH,1987
CORFORATE VICE PRESID~'~ CF B.D.OOLE,INC. Responsible for new
business production. To maintain a vleble working relationship
with present ccr~ies. Executive Vice President and Director
of Cole Associates Syndicate,Inc. of the Insurance Exchange of
the Americas, M/ami, Florida. Elected Ouarter Treasurer of the
Insurance Excharlge of the Anertcas' Brokers Association, Lnc.
B~ F. R/CK~ & ASSOCIATES
Ft. Lauclerdale, Fl.
Ben F. ltLcker & Associates c~erate~ as a ~,~,~rc£al general
insu=ance agency
Columbus, Oh'Lo
-October,1982
~A~,Y 1977JDiIID~ER, 1978
National Director of Marketing. zespc~sible for direct mar-ket/ng
and contract nepottat£on with In~t~en~ent Insurance Agents through-
out the Untte~ States. Managing eales force within the company
creating a total o! 83 agency appointments and prcxtucing 2.6
inllllon dollars /~ vol~we over the 12 ~ncnth period.
-1-
BOX 83.2041 * DELRAY P~ACH, FLORIDA ,334,~3 , (305) 794.7735
RTW ,vc.
I~rch, 1976.-January 1977
Consular to camercial hanks, larcje ~etail risks in the fields
of risk manag~ent, ~e~eral insurance self insurance programs.
Worked with insurance s~enctes in t~e fields of sales motivation,
validsticm require~ents for ~ew sales people and age. nc7 manag~unt.
Cocoa Beach, Florida
J~me 1953-March 1976
Started in ~eneral insurance sales. Became Presiaent of the
ccr~sny responsible for administration and s~les, i~ency vol~e
incr~ased in this period from $132,000 pe~ year to over $700,000
per year.
P.O. ~0X,~1-204~ · DELRAYBEACH. FLOR/OX $3483 · (305,t 794.7735 · F~,,~.~.,
RTW ,~c.
Found/ng President of American Protective Life Insurance Co.
Have valuable knowle~ /n the field of a~ency acqu/sttion.
2. Me~be= of the Florida Association of Indegen~ent Insurance
Agents. Served on the Agency/%anagament C~,,,~ttee for 4 years.
President OE Central Brevard Incleperg]ent Agents Assoc.
O~arter Presl~nt of the Agents J~viso~y ~oard for Financial
F£=e & Casualty Znsur~nce Co. This entailed a close ~rk/ng
relattc~shtp with company respresentat~ves. Travele~ the
State of Florida to d/scuss ca%m~ny procedures and changes in
~ontr~ct~ ~th agents.
5. Ta~ht general insuranoe at both High ~chool and Junior College
level.
C/VIC ~
SERVICE
~CTIVIT/ES. Cocoa Beach Chamber of Cam~rce President a Vt~ P~si~nt
S~te Vi~ Prest~nt FlorI~ J~ton ~r of C~e
~ ~h Vi~ ~yor ~d
~ ~h ~r of ~rce ~ of Dir~ ~or 6 ye~s.
P~si~t for ~e
Brevara County Planning & Zoning Boar8 for 4
COCOA BF.~C~ Jun/or Chamber of
Chamber
Sertana Club
D~st/ncju£shed Service Award
l~xat~d as one of Flor/da's Five Outstanding Young Men
Febz'u~, 1951 - Jtme 1953
P.O. BOX 83.2041 · DELRA Y BEACH, FLORIDA 33483 * (305,) 794.7735 · FAX (30~ KS~l;E98B
NI-An~caCit,/
BOARD MEMBER APPLICATION
1993
Please type or print the following information:
1. Last Name:
2. Home Address:
3. Legal Residence
City
City
State
State
Middle Initial
L
Zip Code
Zip Code
4. Principal Business Address: y Ci% State Zip Code
ISz~ /v'W$c° 3¢:~¥ · 2~ ,~ e?~k[ ~,~¢1, ~
5. Home Phone: (S& I ) fl fi~- 2 ~ q 7 Business Phone: ( ~ ) 5~ O - 6'~0 /
6. What Board(s) are you interested in serving?, Plctnnt.hq and Zon,hfl gmc'4
List all City Boards on which you are currently serving or have previously served: (Please include dates)
- Pq,,i h
8. Educational qualifications:
'. List any related professional certifications and licenses'which you hold:
10. Give your present, or most recent employer, and position:
11. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume)
2C, e (~:~0~ct~ ~,"
I hereby certify that afl the above statements are true, and I agree and understand that any
misstatement of material facts contained in this app/ication may cause forfeiture upon my part of
any appointmen~ I may receive.
SIGNATURE
DATE ' ' !
Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
S~CITYC'LEKK~BOAII. DV~PPLI C A. TION
DALE L. ROBERTSON
128 Via d'Este #609
Delray Beach, FL 33445
(561)495-2847
OBJECTIVE
To secure a position on the Delray Beach Planning and Zoning Commission.
EDUCATION
LOUISIANA STATE UNIVERSITY
Attended Graduate School, 1979
Graduate student teacher. Freshmen chemistry lab,Freshmen biology lab
LOUISIANA STATE UNIVERSITY
Bac, hlor of Science Degree: Biology/Chemistry, 1978
Special emphasis in biological research; Member of International Students of
Economics and Commerce; Member of LSU Racketball team
NICHOLLS STATE UNIVERSITY
Undergraduate student, 1974-1975
Transferred to LSU in 1975
TERREBONNE HIGH SCHOOL
Graduate, 1973
PROFESSIONAL EXPERIENCE
MANGER, NEW BUSINESS SEGMENTS/LOGISTICS
Harte-Hanks Logistics, Deerfield Beach,Florida (1998-present)
Responsible for the total logistics handling of Hollander Home Fashions,a $ 2.6 million account.
Physically located in theHollander Home Fashions corporate office, I act as sole liason between
Harte-Hanks and Hollander Home Fashions.
DIRECTOR OF PUBLIC WORKS
Lafourche Parish CounciI,Thibodaux, Louisiana (1997-1998)
Working directly under the Parish President, the Director of Public Works is responsible for the
following departments: Planning and Zoning Commission, Roads & Bridges, Drainage, Building
and maintenance, Permits, Licenses, Coastal Zone Management and Office of Emergency
Prepardness.
DIRECTOR OF COSTING
SAIA Motor Freight Line, Houma, Louisiana (1982-1997)
Responsible for determining the profitability of SAIA (a trucking company with $300 million in revenues)
and for finding creative avenues to lower operating costs and increasing profits without raising customer
charges.
OWNER/OPERATOR
Need-A-Loaner Car Rental Agency, Houma, Louisiana (1995-present)
Business is restricted to Louisiana. Cars are bought at local auction and rented and/or sold to
individuals in and around the Houma, Lousiana area. This business turned a profit within 3 months of
of operation.
CO-OWNER THOROUGHBRED BREEDING RANCH
Bayou Black Thoroughbred Breeding Ranch, Houma, Louisiana (l gg2-present)
Business is also restricted to Louisiana. Mares are bred to Louisiana accredited stallions and sold at
Louisiana acc, edited auctions. The goal is to improve the thoroughbred bloodline in Louisiana.
TV RENTAL CO-OWNER/OPERATOR
Semlow TV, Clearwater and New Port Richey, Florida (1980-1982)
Coordinated efforts to own and operate TV rental business. Business was so successful, a second
office was opened 6 months later with 5 employees.
BIOLOGICAL RESEARCH ASSISTANT
L SU Center for Wetlands Resources, Baton Rouge, Louisiaian (1978-1980)
Conducted marine biological reseamh on Blue Crabs, Shrimp and Oysters in the Baratarian Estuary
which resulted in authoring three(3) Federal Sea Grant publications. Also co-authored a paper of
cypress swamp detritus cycle.
SIGNIFICANT ACCOMPLISHMENTS
RESPONSIBLE FOR THE COMPLETE LOGISTICAL OPERATION OF A $2.4 MILLION ACCOUNT,
THE SECOND LARGEST PILLOW MANUFACTURER IN THE U.S.
RESPONSIBLE FOR OVERSEEING THE ENTIRE PUBLIC WORKS OF LAFOUCHE PARISH AND
RESPONSIBLE TO THE 11 MEMBER LAFOURCHE PARISH COUNCIL.
ATTENDED AND ANSWERED ANY QUESTION FROM MEMBERS OF THE PLANNING AND
ZONING COMMISSION AS WELL AS QUESTIONS FROM THE PUBLIC.
SUPERVISED THE HIRING OF ALL PERSONNEL THOROUGHOUT THE PUBLIC WORKS
DEPARTMENT INCLUDING ALL STAFFING RELATED TO THE PLANNING AND ZONING
DEPARTMENT; I.E. SECRETARIES,CLERKS, OUTSIDE CONSULTANTS, INSPECTORS.
SUPERVISED 325 PERSONNEL FROM 11 STATES AND 27 OFFICES AT SAlA MOTOR FREIGHT,
AS WELL AS 37 EMPLOYEES IN THE CORPORATE OFFICE.
ESTABLISHED THE FIRST METRIX REPORT ACCOUNTING FOR ALL SHIPMENTS HANDLED
PER DAY SUMMARIZED DAILY/MONTHLY.
BOARD MEMBER APPLICATION
1
Plrsse Btpe or.print th,: following information:
2 Hom~ Ad.ess: City State ~p Code
3 Leg~ Residence Ci~ State Zip Code
5. Home Phone: 6~a 9 Z~- O~ Bus{ness P'ho~¢ F~-' --
6 .What Boardts) arc you interested In s.ervmg?
7. List all City Boards on which you are currently scrv'lng or have previously sew~d:-(Please include date~)
i0 Give your present, or fi, est rece~em~Y~, and"posltioh. ~ ~~- ¢~~' ~m
'TiTTSg'sTribe cxpericnc,s, ~kill~ or knowledge whigh qualify you to some on ~is b&ard: (Pi{'asc amghi [riCfreJmne)
hereby ce~-i~ that all the above statements are true, an~I agree and understhnd that a~
of any appotntment I may Fete/ye.
SIGNA'EUR~ DA'f~
CITY CLERK
'Note: Th.is appli~at]~'h'"~li remain on file in the City Clerk's OffiCe for a periocl of'2"Ye~rs fi-om the date it was
mbm[rted, b will be the applicant's responsibility to ensure that a current application is on f'~c
06/30/00 FRI 13:52 [TX,'R~ NO 70621
THUY T. SHUTr
24'1 Royal Court
· Delray Beach ·
Flodda, FL 33~,~~, ·
561-243-9493
academic
VIRGINIA POLYTECHNIC INSTITUTE AND STATE UNIVERSITY, Blacksburg, VA
College of Architecture and Urban Studies
Bachelor of Architecture (5-yr Professional Degree)
College of Engineering (Mechanical)
5/91
9/85 - 5/87
registration
Florida Amhitectural Registration - #AR0016422
National Council of Architectural Registration Board Certificate - ~48326
civic
CITY OF DELRAY BEACH SITE PLAN REVIEW AND APPEARANCE BOARD
(Second Vice Chair '97 and current Architect Member) 10196 - Present
CITY OF DELRAY BEACH LARGE HOME TASK TEAM
(SPRAB Representative)
professional,
PALM BEACH COUNTY PLANNING & ZONING, West Palm Beach, FL 2/94 - Present
Zoning Division Principal Planner - Code Revision/Architectural Review (current), Public Hearing
(Zoning Commission (ZC)/Board of County Commisioners (BCC)), DRC & Board of Adjustment
Responsibilities
· Develop procedures, perform major research or code amendments, assign, delegate and
monitor responsibilities, manage daily section activities and emergencies
· Supervise professional (Site Planners I, II, and Senior Planner) and technical staff in
interpreting and implementing PBC Comprehensive Plan and ULDC requirements in daily
assigned tasks (staff reports, site plan and plat review, code amendments, building permits,
etc.), supervise clerical and student staff on daily assigned tasks (DRC, ZC, and BCC packets,
resolutions, etc.)
· Recommend the hiring, promotion or termination of staff and handle employee complaints and
grievances
· Prepare and present staff recommendation and provide technical advisory assistance to BCC,
ZC, Citizen Task Force/Land Development Regulation Commission, and Board of Adjustment,
plat review, conduct site visits and address public questions and concerns regarding variances,
zoning petitions and building permits
· Project management, advanced review and approval of site development and architectural
elements in complex preliminary development plans, site plans, building construction plans,
landscape plans and technical drawings for compliance with code requirements, health, safety
and welfare issues, and quality design concepts
· Inter-divisional/departmental coordinator and design/construction industry coordinator for the
County pertaining to zoning approval, architectural design and building permit review
· Created site planner training guidelines for ZC/BCC, DRC and building permit applications
· Reviewed projects for compliance with applicable federal and state regulations throughout
development and permitting processes
Special Projects
· PBC Citizen Task Force Architectural Design Guideline Subcommittee, Jup~er Farms
Community Design Workshop, Loxahatchee Groves Community Design Workshop, Lake
Worth Corridor Design Guideline Graphics, Jupiter Farms Shopping Center, Sysco and
Wellington Green DRI, Southern Boulevard Design Workshop, Twin City Redevelopment, Old
Pahokee High School Complex Historical Preservation and Adaptive Reuse
THUY T. $HUTT
241 Royal Court
· Delray Beach ·
Flodda, FL 33~.~.
561-243-9493
ROBERT G. CURRIE & ASSOCIATES AIA, PA, Delray Beach, FL
Project Manager/Staff Architect
Internship
8/91 - 2/94
8/89 - 6/90
Reaponeibilitlea
Project management, construction administration, construction documents, agency
coordination, specification writing, site planning, historic preservation, interviewing,
training and supervision of new staff and intern students, drafted proposals and
contracts, office management, interior design, presentation graphics and model making
Selected Projects
a Atlantic Avenue Bridge Tender's House, Delray Beach, FL
· , U.S. Embassy Cafeteria Renovation, Madnd, Spain
· HRS Offices, Delray Beach, FL
· Palm Beach Junior College Restoration, West Palm Beach, FL
· Boca Lago Country Club Renovation, Boca Raton, FL
· Old School Square Cultural Complex, Delray Beach, FL
a South County Civic Center I & II, Palm Beach County, FL
· Renaissance Center, Ft. Lauderdale, FL
· Target Site Plan, Boynton Beach, FL
ARCHITECTURAL CONSULTANT, Delray Beach, FL
1/91 - 2/94
Delray Beach Community Redevelopment Agency
Graphic base for downtown urban design and parking study associated with redevelopment
of Downtown Delray and evaluated Requests for Proposals for design professionals
EDRC Architects, Inc. - Delray Beach, FL
Peach Umbrella Redevelopment, Affordable Housing Competition and Habitat for Humanity
David Martin Architect - Delray Beach, FL
KARL E. KOHLER AND ASSOCIATES, V'mnna, VA
6/88 - 9/68
edditional
skills
Computers
PBC TN3270 Mainframe, GroupWise and Novell Network, familiarity with Paradox (DOS version),
IBM MS-DOS 5.0 and Macintosh Operating Systems, Autocad Release 10-14, Wordperfect 5.1-
8.0, Microsoft Windows and Word, XtreePro Gold, Lotus, FORTRAN 77 programming, Quicken
and Rapidfile, Flodda Energy Code software, Sweets Specification Software
Land Development end Building Codes
Extensive knowledge of ULDC and the principles and practices associated with site planning and
development, building design and construction, ability to read, interpret and evaluate civil,
structural, electrical, plumbing and mechanical details of construction plans, familiarity with Florida
land development regulations, Delray Beach Comprehensive Plan, building codes, current
American Disability Act regulations applicable to design and construction industries
2
THUY T. SHUTT
241 Royal Court
· Delray Beach · Florida, FL 3~../!.~ · 561-243-9493
Continuing Education and Training
BCC Presentations, Situational Leadership and PBC required supervisory training courses,
Designing Pedestrian Friendly Neighborhoods, Florida Garden Designs, MetalArchitecture, DCA's
Flodda Accessibility Code for Building Seminar, Energy Conscious Architecture, Indoor (Air Quality).
Environment, Historic Preservation & Adaptive Reuse I and II, Effective Negotiation, Smart Risk-
Taking, Interpersonal Effectiveness in the Workplace, and Grant Writing Skills
Fluent in English and V'~tnamese with French as secondary language
3
pELR&Y BEACH
~ CITY OF DELRAY BEACH
~11IJ BOARD MEMBER APPLICATION
?l~e tTpe or pdm d~e follow~_
sixbmitzecL It w~I be the applicant's responsibilityto emure th~ a current applicaaon ~s on fde.
JEFFREY SILBERSTEIN, PRINCIPAL
EDUCATION:
Pratt Institute and Clark University, Architectural Degree
Harv~d University Graduate School of Design, June, 1989
Harvard University Graduate School of Design, July, 1996
CERTIFICATION:
Registered Architect: Florida
EXPERIENCE:
Silberstein Architects was founded in 1990. We are a small firm with a reputation for
innovative design and delivering projects within budget and on schedule. This is evident
as we continue to work with repeat clients and referrals generated by our reputation. Our
success evolves as we assist clients in defining project goals well before suggesting
solutions, a process that creates a full understanding of objectives before lxansformation
into reality.
As principal of the firm, Jeffrey $ilberstein is widely recognized for his design
achievements. Whether a large institutional complex or a small interior renovation, Mr.
Silberstein's designs are rich. and simple. Jeffrey Silberstein's commitment to quality and
his patience in achieving the best possible designs are evident in the many awards he has
· won. His solutions, which seem obvious and simple, are the result of diligent effort.
Mr. Silberstein has practiced architecture, both nationally and internationally for over :20
years with a list of prominent architectural firms and projects to his credit. He has been
associated with many 'building types, including educational facilities, office buildings,
interior office and residential renovations, museums, art galleries, religious facilities,
residences, mixed - use developments and commercial projects. The American Institute of
Architects has singled several of these commissions out for special honors.
Mr. Silberstein has served as, a guest writer for the Hartford Architectural Conservancy
and The Palm Beach Post, a critic member of the Works of Art Committee of the Boca
Raton Museum of Art, a member of Junior Achievement and on the Boca Raton
Community Redevelopment Agency Task Force on The Grace Commission.
LIST OF PROJECTS:
Boca Raton Community High School, Science Addition and Master Plan, Boca Raton,
Fi. AIA Award for excellence in Design
Florida Atlantic University, College of Education, Boca Raton, Fl.
Hunt ~lementary School, Coral Springs, Fl.
Harid Conservatory, Boca Raton, Fl.
Temple Israel Early Childhood, West Palm Beach, Fl.
All - Star Academy & Sports Camp, Delray Beach, Fi.
Temple Bet Emet Early Childhood and Grades 1,2 &3, Cooper City, FI.
MUSEUMS:
Museum of Modern Art, Seoul, South Korea. AIA Award for Excellence in Design.
The Gallery Center, Boca Raton, Fl.
bioriknmi Museum, Delray Beach, Fl.
SPECIALTY PROJECTS:
West Regional Courthouse, Plantation, Fl.
B'nai Torah Congregation, Boca Raton, FI.
Temple Israel, West Palm Beach, FI.
Boca Raton Mausoleum, Boca Raton, Fl.
Temple Bet Emet, Cooper City, FI. ( Current )
Temple Israel, West Palm Beach, FI. (Current)
LIST OF PROJECTS:
OFFICE BUILDINGS:
Bank of Nova Scotia, Curacao, Netherlands Antilles
Presidential Circle, Hollywood, Fl. Winner of many design awards.
Trammel Crow Corporate Headquarters, Boca Raton, Fl.
WJMK Studios, Boca Raton, Fl. AIA Award for Excellence in Design.
NCNB Bank, Boca Raton, Fl.
Over 500,000.00 square of office space planning for Henderson Mental Health Center,
WR Grace, Trammel Crow, Gampel Organization, Panther Realty, and other corporate
clients.
Spectrum Office Park: Two Phase 45,000 s.f Office Building, Ft Landerdale, Fl.
Sirs Inc., Delray Beach, Fl.
Silberstein Architects, Delray Beach, Fl. AIA Award for Excellence in Design, 2000.
o°
· COMMERCIAL/RETAIL PROJECTS:
Hertz Service and Rental Facility, Windsor Locks, Connecticut. AIA Award
Boca Valley Shopping Center, Boca Raton, Fl.
Key West Espresso & Ice Cream, Key West, Fi.
Littman Jewelers, Bonaire, Netherlands Antilles.
Littman's At The Plaza, Bonaire, Netherlands Antilles
Littman's, Bonaire, Netherlands Antilles
Peppercorn's Cafe, Key West, FI.
LIST OF PRO3ECTS:
HOTELS & RESORTS:
Paradise Village Tulip Hotel, Curacao, Netherlands Antilles
The Hamlet Resort, Bonaire, Netherlands Antilles
Avtla Beach Resort, Curacao, Netherlands Antilles
MIXED USE PROJECTS:
Union Station, Hartford, Connecticut
Pineapple Place, Delray Beach, Fl.
One Young Circle Condominium Tower, Hollywood Beach, Fl.
Sirs Office and Retail Complex, Delray Beach, Fl.
INTERIOR ARCHITECTURE:
Becket Residence, Boca Raton, Fl. A.LA. Award 1999
Foght Residence, Bonaire Netherlands Antilles. A.LA Award 1997
Agardy Residence, Boca Raton, Fl.
Katzev Residence, Bonaire, Netherlands Antilles
Green Residence, Boca Raton, Florida
Simon & Simon Law Offices, Delray Beach, Florida
WJMK Studios, Boca Raton, FI. AIA Award for Excellence in Design.
LIST OF PROJECTS:
RESIDENTIAL:
National Custom Homes: Custom Homes
Wycliff Country Club: Custom Homes
Governor's Walk, Delray Beach, Fl. ( Current )
NeaPs Market, Delray Beach, FI. ( Current )
Clark Residence, Les Jardins, Boca Raton, FI.
Hakkenberg Residence, Bonaire, Netherlands Antilles Featured in Caribbean World
Magazine
Foght Residence I, Bonaire, Netherlands Antilles AIA Award of Honor For Design
Foght Residence II, Chicago, Illinois ( Current )
Richman Residence, Delray Beach, Florida
Littman Residence, Bonaire, Netherlands Antilles
Ka~zev Residence, Bona[re, Netherlands Antilles
Gardenia Place Townhouse Community, Lauderdale By The Sea, Fl.
One Young Circle Condominium Tower, Hollywood Beach, Fl.
Andrews Residence, Ocean Ridge, Florida
Andrew's Residence H, Ocean Ridge, Florida ( current )
Ticktin Residence, Ft. Lauderdale, Fl. (current)
Schlicht Residence, Boca Raton, FI. (current)
LIST OF RESIDENTIAL PROJECTS CONTINUED RESIDENTIAL:
Lassiter Residence, Bonaire, Netherlands Antilles
Botman Residence, Bonaire, Netherlands Antilles
Epste~in Residence, Weston, Florida
Green Residence, Boca Eaton, Florida
Pineapple Place, Delray Beach, Florida
Schmier Residence, Delray Beach, Florida (current)
Caribbean Blue Condominiums, Bonaire, Netherlands Antilles ( Current )
07/24/01 TU£ o9:4,1 F.~.I $$! 24,1 3774 CITY CLERK
.oE, r~v. s,e^.cU
NI.AmB~,3CI~
BOARD MEMBER APPLICATION
1993
2OO1
p.l
4. P,nc,pal l~usmess Addrcss*
Cit~'
St"ate
Zip Cod~ -
Z,p Code
Zip
11. Gix, e ¥oux present, o~ most rccclxt employer, Grid position:
Not~. Tk, s ,pphca,on w~ tern,,- on ~c ~d~t).~cc for, ~od of 2 ~r~ ~m ~e d~t~
~ub~tred h w~ be ~e appli~nt'~ ~spon~ib~ m ~sure ~at
3-01-201 12:&6Phi FROM SlL GROUP +l 561 S26 3201 · P. 1
BOARD MEMBER APPLICATION
?lease VPe or pr~ r. he follo-in~ iuforuufior~
2. ~,.~^..~_~:. ,_ .. /_,. s~tezip
3. ~g~ Resident: ~ State Z~p~e
5. Home Pho~:
.r~/ ~ ~ : I~,~o.': ~.~~
7. ~t ~ G~ Bo~ ~'~& you ~e ~~g or ~ve preA~y ~e~ ~J~ ~dude
. ~~ ......
~0. ~i~ p~es~nt, or mort ~3 ~plo~, md ~i~:'
d~ ~~- ~/~~~ ,.
~ ->h~ ~/~~,~ ~. ~~' -
S~~ ~' ~ -J DATE
/
xrote: This application ~ ~emain on file in the City Clerk's Office for a penc<l o5 2 years from the date it was
submitted It will be the applicant's responsibility to ensure that a current application is on ~e.
RECEIVED
CITY CLERg
~'1 : I I:~ Pt..IOI E t lO. : 5~1 ~ ?*3~cJ f.lar-.
BOARD MEMBER APPLICATION
1993
OE~ ~ iO:iEIRH P1
l¥lidd~lJlilial
S~e I ZiP Code
State Zip Code
7. Lis~ all Cily Boards on which :~u am curready s~virl$ or have previously served: (Please include dales)
8. l~du'catfol:~.! ~lualificatiOns: __ -
9. List a~y related professional cenificazions and licenses which you hold:
10. Give your present, or most recent employer, and portion:-/- ~L:)
1 I. Describe experiences, skills or knowledge whiQh quslii~ you TtO ~e Oil ~'liS board: (Please a~ch a
l hereb~ ~ that all ~he above stat~men~ are ~ue, and I agree and unde~iand that any
misstatement of m~al fac~ contained In this applica~on may ~u~ foX.ute upon my pa~
o~y appo~me~ :~ay ~~. RECEIVED ~
CITY CLERK
Note: This ~]ica~on ~I1 remsin o~ ~¢ ~ ~e Ci~ Clerk s O~tce roi a ~ of 2 ye~s ~o~ ~e ~ it w~
~mi~ It ~11 be ~ ~pph~t's r~s~i~i~' w ~e ~at a c~t a~pli~on is on ~e.
FP, O;.1 : 1 ~ PH~ E~ I D. : 561 2S~ 73~9 Apr. O? i99.q 09: 08AI'I P2
KEVIN P. WARNER
248 Venetian Drive
Delrsy Beach, FL :~3483
tel 2(~8510
ABTECH INDUS'fRIES (Stott~dale, Arizona)
Vice-President
* Help run small, sta~-up env/ronme~tal products company
LEHMAN BROTHERS, Institutional Fixed Income
Vice President, GENERAL1ST SALES & I'~$EARCH DEPARTMENT
· A~lyzed commercial and residential real ~state transaclions, new j~suc
trade-writings, and corpor~c bond credits for client rela6onships.
· Developed investment suategies for firm's money manager clients.
CITII~ANK, N.A., Institutional [~xed Income
Ass~ Vice President, GENERA.LIST SALES
· Mauaged depository and mortgage banki~ cliea~ relationships.
New York, NY &
Delray Beach, FL
1995-preen!
New York, NY
1985-95
New York, NY
1980-g5
WASHINGTON, D.C. COUNCIL OF GOVERNMENTS Washington, DC
WATER RESOURCES PLAlqb~R 1977-79
* PcrformcA finmwial mmlysis for expansion of regional wa,~ewam-n'ea~ment system.
· Wrote regional plan for land usc application ofwastewa~er.
U.S. ENVIRONMENTAL PROTECTION AGENCY WATER KESOURCES EN(SINEER
· Ide-fified regional needs for national wastewater lreatment grants progxam.
* Helped strem~fline Enviromnental Impact Statement review process.
Wa~hingto~ DC
1973-76
CONNECTIC[rF DEPARTMENT OF ENVIRONMENTAL PROTECTION
AIR POLLU] ION ENGINEER
· Increased industry compliance with state air polhnion regula6ons.
Ha,xford, CT
1972-73
DISTRICT '~ SANITATION COI~NCIL - citi~n advc~zcy group.
COMMUNITV BOARD 7 - Hew York City governmental adv/sory body.
WEST 7'/th s'rREET BLOCK ASSOCIATION - local slreet association.
New York City
1985-98
DELRAY BEACH AFFILIATIONS
VIA MARINA HOMEOWNERS ASSOCIATION, Presidean
PROGRESSIVE RESIDENTS OF DELRAY, M~xber
BEACH PROPERTY OWNERS ASSOCIATION, Member
EDUCATION
PRINCETON UNIVERSITY, Bachelor of Science in Engineerh~ 1971
Princeton, NJ
07/12/0! Till! 18:07 FAIr 1}81 243 3T74 CITY CIRRK
DELRA¥ BEACH
llJl:
BOARD MEMBER APPLICATION
1993
2001
~00!
P.,l, case type ?x pzint t. be followiug information'-
F i
Last Narnc~ Woehlkens
t 2.
HomeAddrcss: 306 N.W. 7th
3. l,egal Reaicl~nce:
MLM
Nme Jillian
site ~i~. C~:qde
City Delray Bch FL 3J444
Same C~t~ State Z~p Code
4 P~nd~l Busmc~ A~: CiV State
205 george Bush BBVD Delra7 Beach
Home Phone: Bm~es~ Phone: E-M~ Addt~s: } C:~ Phone:
2~4-93~ 5 276~60~ ~ jwoehlk~ns~
· n t~ procesg recently just changedoddr~~. I
~at Bo~d(~) are you iut~c~ted ~ se~P Please Hst ~ order of prefab)ce: Delray
of
zip co~
33444
FL
BC~ ~O~ a cou~~,
years, t However~
H.P.B and P & Z, and S.P.R.A.B recently moved into thel
city.
8. ~st~ ~Bo~ on-oebich ~ua~e~m~$erving~h~ep~vio~s~se~ed:fle~s=~dudcd~t~
I
None at present time.
)
9. gdt~don~i~fi~ns: 1
B.$..in Architectural ~,,~i~,~_ ~_~ ............. a~bq*op*,,~, Minor in ..~
10,1~tanyr~at~ pto~otmlce~afionsmdBcms~w~chyouhold:
None at presen~ ~im~_.
ll.,Gtve~ourptesengozmostzeccnt~p~yer, mdpo~don:
'Elioploulos i Associates, Graduated Architect.
Dcs~i~expefimce,,s~U~o~o~cd~ewNch ~~tos~eon~Nbmr&~lms¢~mch, ~¢fr~urn~
wormer { Present ~o~k experience under current board member of
8.P.R.~.B; ~xtremely dedicated & eager to enhance my knowledge
skills especially related to community as ~e~ as cultural
pertaining to future endevor~.
submitted. It w~ be the applicant's xesponsibilky to ensure that a cut-~ent npplicadon is on f-de.
RECEIVED
J U L' 1'. 3 2001
CITY CLERK
ELIOPOULOS &
ASSOCIATES, INC.
Architects, Planners & Interior Designers
AA0003179
JILLIAN M. WOEHLKENS
205 George Bush Blvd.
33444
Phone: 561/276-6011
Fax: 561/276-6129
E-mail: ~,~,aol.com
OBJECTIVE
EDUCA~ON
WORK
EXPERIENCE
SKILLS
ACTIVITIES
INTERESTS
To obtain a position on thc City of Delray Beach's Historic Preservation Board to ~r donate my experience
and dedicated opinions as well as ~nin the experience arid knowledge that will enhance the fizture of Delray
Beach.
Norwich University - Northfield, Vermont
Masters of Architeetu~ Bachelors of Science in Architectural studies May 2001
Minors in Engineering and Art
· Recipient of Leadership Scholarship for outstanding extracurric~fl:ar activities all four years.
· One of a four person team to design and build an addition to existing home in a design4mild studio.
E~iopados & Associates, Delray Beach, FL 5/oo - Present
Proiect Architect- work on consUuction documents for both residential & commercial pwjects, coordinate
projects & delegate project tn~lc~, prepare presentation drawings and assemble working drawing packages
for obtaining building permits. Acquire field measurements to then be placed on CAD, produce general
office needs, client interaction, & construction :administration.
Norwich University, Nonhfield, VT 1996- 5/01
Work Study Program - Hold three positions ~multaneously
Architecture Deomiment Proctor - proctor for studio, attend meetings, report problems to department
head, administer first aid as needed.
Administrative Assistant for Swim and Soccer Coach - recruit prospective athletes, database
management, office clerical support.
Administrative Assistant for Hockey Coach - database management, o~ce clerical :~c~port, recruit
prospective athletes.
JCPenney Co., Inc., Berlin, VT 12/99 - 5/01
Cashier - sell store items to public, provide quality customer service, direct individuals to appropriate
offices for problems, set up displays, conduct inventory, balance gash drawers.
A. LD. Models Inc., Washington, NJ 9/95 - 7/96
Assistant - constructed trees, plants, furniture, etc.., for miniature scaled models, worked with cllztillg
machines for miniature acx:essories, assisted set up on larger scaled ar~hitegtural models for
architectural clients of the b~ness.
· Equipment - blueprint machine, variety of woodshop :and individual power tools, some e~lgincering
and su~'ej~g instruments.
· Computer - AutoCAD, Microstation, Studio Max, l~bani(~ll Desktop, l~icrosofl Word, l~[icrosofl
Excel, Word Pedect, Medic Computer.
· Norwich University Women's Soccer Team - Co.-Captain 1,2,3,4
· AlAS - Member 1,2,3,4,5
· Girl Scouts - recipient of gold :and silver awards, highe~ honors a~tninahle
· Architecture Competition - 2nd place for design and construction of scaled model
Photography, traveling, sketching, and ouidoor sports
REFERENCES Available upon request
DELRAY BEACH
~ CITY OF DELRAY BEACH
t111~ BOARD MEMBER APPLICATION
1993
Please type or print the following informadon:
2. Home Ad~e~s: ~ Stye Zip ~e
3. ~¢ Resident: ~ Stye zip
4. P~dp~ Bus,ess Address: ~ Stye Zip ~e
7. ~ ~ ~W Bo~& on w~ch you ~e ~en~ se~g or have pre~o~ se~e& ~le~e ~du~ &res)
8. Edu~on~ q~fio~:
9. ~a ~ ~lated profession~ ~dons md ~nses wM~ you hol&
10. G~ve ~o~ present, or mo~ re~ ~p]oyer, ~d ~don:
1L Desc~be ~pe~en~s, ~s or ~ow]~e W~ch ~~ ~o ~e on ~s bo~ ~e~e a~ a b~ef re~e)
I hereby ~ ~at ~ ~e a~ve ~atements ~ ~8, ~d I a~ee md ~&~d ~at ~ ~s~ent of ~te~ faas
con~ed ~ ~s appE~on ~ ~me foffei~e~~~ap~ent I ~ r~eNe.
APR I 7 2001
OITY
No~e:
This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
S~CITYCLER.K~I3OARDkAPPLtCAT] ON
ORDINANCE NO. 41-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA,
BY AMENDING APPENDIX "A", "DEFINITIONS", TO PROVIDE
FOR A DEFINITION OF 24-HOUR OR LATE NIGHT
BUSINESSES; AMENDING SECTION 4.3.3, "SPECIAL
REQUIREMENTS FOR SPECIFIC USES" BY ENACTING
SUBSECTION 4.3.3(VV), "24-HOUR OR LATE NIGHT
BUSINESSES", TO PROVIDE THAT 24-HOUR OR LATE NIGHT
BUSINESSES LOCATED WITHIN 300 FEET OF A
RESIDENTIALLY ZONED DISTRICT SHALL BE A
CONDITIONAL USE AND SHALL COMPLY WITH SPECIFIED
CONDITIONS, AND PROVIDING THAT EXISTING 24-HOUR OR
LATE NIGHT BUSINESSES SHALL BE EXEMPT FROM
COMPLIANCE WITH THE PROVISIONS REGARDING 24-HOUR
OR LATE NIGHT BUSINESSES; BY AMENDING SECTION
4.4.9 "GENERAL COMMERCIAL (GC) DISTRICT" TO PROVIDE
THAT 24-HOUR OR LATE NIGHT BUSINESSES ARE A
CONDITIONAL USE; BY AMENDING SECTION 4.4.11
"NEIGHBORHOOD COMMERCIAL (NC) DISTRICT" TO
PROVIDE THAT 24-HOUR OR LATE NIGHT BUSINESSES ARE
A CONDITIONAL USE; BY AMENDING SECTION 4.4.12
"PLANNED COMMERCIAL (PC) DISTRICT" TO PROVIDE THAT
24-HOUR OR LATE NIGHT BUSINESSES ARE A
CONDITIONAL USE; BY AMENDING SECTION 4.4.13
"CENTRAL BUSINESS (CBD) DISTRICT" TO PROVIDE THAT
24-HOUR OR LATE NIGHT BUSINESSES ARE A
CONDITIONAL USE; BY AMENDING SECTION 4.4.14 "RESORT
/ TOURISM (RT) DISTRICT" TO PROVIDE THAT 24-HOUR OR
LATE NIGHT BUSINESSES ARE A CONDITIONAL USE; BY
AMENDING SECTION 4.4.15 "PLANNED OFFICE CENTER
(POC) DISTRICT~ TO PROVIDE THAT 24-HOUR OR LATE
NIGHT BUSINESSES ARE A CONDITIONAL USE; BY
AMENDING SECTION 4.4.24 "OLD SCHOOL SQUARE
HISTORIC ARTS (OSSHAD) DISTRICT" TO PROVIDE THAT 24-
HOUR OR LATE NIGHT BUSINESSES ARE A CONDITIONAL
USE; BY AMENDING SECTION 4.4.28 "CENTRAL BUSINESS-
RAILROAD CORRIDOR (CBD-RC)" TO PROVIDE THAT 24-
HOUR OR LATE NIGHT BUSINESSES ARE A CONDITIONAL
USE; PROVIDING A SAVINGS CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(2) Requirements: Unless otherwise specified, the following regulations
shall apply to 24-Hour or late night businesses:
(a) Conditional Use: Any 24-Hour or late night business located or
proposed to be located within a three hundred foot (300') straight line route from any
residentially-zoned property shall obtain a conditional use permit from the City for the
operation of such use. The distance shall be measured from the nearest point of the
property on which the 24-Hour or late night business is or will be located to the nearest
point of a residentially-zoned property.
Co) Conditions: In addition to complying with Section 2.4.5(E) of
the Land Development Regulations, all other applicable regulations, and with any
conditions imposed through the conditional use process, the following conditions shall
apply to all 24-Hour or late night businesses which meet the requirements of subsection
(2)(a):
1. Security Plan: A 24-Hour or late night business shall
submit a security plan detailing the manner in which the business intends to address the
security of the establishment, its patrons, employees and nearby residents. A
convenience business as defined in Section 812.171, Florida Statutes (2000), as may be
amended from time to time, is exempted from filing a security plan with the City
pursuant to this subsection. However, convenience businesses shall comply with all
applicable provisions of Sections 812.101-812.175, Florida Statutes (2000), as may be
amended from time to time. A security plan shall include, at a minimum, a detailed
description of the following:
a. external lighting; and,
bo
other external security measures, such as security
cameras or other similar measures; and,
c. internal security measures, such as drop safes,
silent alarms, security personnel or other similar measures.
2. Buffering: A 24-Hour or late night business shall provide
adequate buffering to minimize the effects of noise and to act as a visual buffer to the
property from nearby residential districts.
(c) Findings: In addition to any findings required by Section
2.4.5(E) of the Land Development Regulations, and any other required findings, the
3 ORD. NO. 41-01
(H) Special Regulations:
(4) 24-Hour or late night businesses as defined herein must be processed as a
conditional use and are subject to the provisions of Section 4.3.3(VV).
Section 5. That Article 4.4, "Base Zoning District", Section 4.4.12, "Planned
Commercial (PC) District", of the Land Development Regulations of the City of Delray Beach
be, and the same is hereby amended to read as follows:
(H) Special Regulations:
(2) 24-hour or late night businesses as defined herein must be processed as a
conditional use and are subject to the provisions of Section 4.3.3(VV).
Section 6. That Article 4.4, "Base Zoning District", Section 4.4.13, "Central Business
(CBD) District", of the Land Development Regulations of the City of Delray Beach be, and the
same is hereby amended to read as follows:
(H) Special Regulations:
(6) 24-hour or late night businesses as defined herein must be processed as a
conditional use and are subject to the provisions of Section 4.3.3(VV).
Section 7. That Article 4.4, "Base Zoning District", Section 4.4.14, "Resort /
'.Tourism (RT) District", of the Land Development Regulations of the City of Delray Beach be,
and the same is hereby amended to read as follows:
(G) Special Regulations:
(1) 24-hour or late night businesses as defined herein must be processed as a
conditional use and are subject to the provisions of Section 4.3.3(VV).
Section 8. That Article 4.4, "Base Zoning District", Section 4.4.15, "Planned Office
Center (POC) District", of the Land Development Regulations of the City of Delray Beach be,
and the same is hereby amended to read as follows:
(H) Special Regulations:
(4) 24-hour or late night businesses as defined herein must be processed as a
conditional use and are subject to the provisions of Section 4.3.3(VV).
5 ORD. NO. 41-01
~CITY COMMISSION DOCUMENTATION
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGE~ /~ i~"~ /~.
PAUL DORLING, DIRECTOR OF PLANNING A~-~:~/~ ~
JEFFREY A. COSTELLO, PRINCIPAL PLANNE~TM
MEETING OF JULY 24, 2001
AMENDMENT TO LAND DEVELOPMENT REGULATIONS RELATING TO 24-HOUR
BUSINESSES.
At its meeting of February 6, 2001, the City Commission approved an ordinance which enacted a 6-
month moratorium prohibiting the establishment of new businesses having operating hours between
12:00 midnight and 5:00 AM in the Downtown Development Authority area, to allow time to study the
impacts of 24-Hour Businesses on adjacent residential uses and the redevelopment effort. The
moratorium did not effect any existing businesses that were already operating between these hours,
and exempted hotels, motels, office uses, restaurants and cocktail lounges.
The primary concern with 24-Hour Businesses is their impacts on residentially zoned properties as well
as the effects on redevelopment efforts. Therefore, the proposed ordinance applies citywide rather
than to just the area within the boundaries of the Downtown Development Authority, as indicated in the
moratorium. The ordinance amends the Land Development Regulations to include a definition of 24-
Hour Businesses, adds a new subsection which includes special provisions for 24-Hour Businesses,
and amends affected zoning districts where 24-Hour Businesses may be established as a conditional
use. The ordinance does not apply to existing to 24-Hour Businesses.
PLANNING AND ZONING BOARD, CONSIDERATION'~'~¥, , , ~',,,, ...... ,- ,' ' ~ ~
The Planning and Zoning Board held a public hearing regarding this item at its meeting of July 16,
200'.1. There were several members of the public who spoke regarding the text amendment. There
were concerns expressed that the proposed ordinance would apply to projects currently under
construction. Comments were made to the ordinance referencing "Eastern Standard Time" and felt that
clarification was needed. One person suggested the ordinance needed further study and should be
discussed at a workshop. Diane Dominguez, Executive Director of the Community Redevelopment
Agency, spoke in support of the proposed ordinance.
Some Board members felt that the ordinance did not address the intent of the moratorium with regard
to convenience type businesses, and questioned significantly broadening the affected area and uses,
such as restaurants. Mr. Peltzie also felt that the title was deceiving as the ordinance applies to
businesses that are open between midnight and 5:00 AM, and not just 24 hours. Chairman Bird felt the
ordinance should apply between 11:00 PM and 5:00AM. After discussing the amendment, the Board
voted 4-3 (Randolph, Peltzie, Bird dissenting) to recommend to the City Commission approval of the
proposed text amendment, based upon positive findings with respect to LDR Section 2.4.5(M).
Since the Planning and Zoning Board hearing, changes have been made to address the comments that
relate to applicability of the ordinance and elimination of the reference to "Eastern Standard Time".
Attached is a map, which indicates the commercial areas within 300' of residentially-zoned properties.
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER
AGENDA ITEM # IO~ REGULAR MEETING OF AUGUST 7, 2001
ORDINANCE NO. 40-01 (ALLOWING BUSINESS & PROFESSIONAL
OFFICES IN NC (NEIGHBORHOOD COMMERCIAL ZONING
DISTRICT)
AUGUST 3, 2001
This is second reading and a second public hearing for Ordinance No. 40-01 which amends Land
Development Regulations Section 4.4.11(B)(3), (C)(2) and (I-I)(3) of the NC (Neighborhood
Commercial Zoning District). The amendment will allow business and professional offices in general
rather than listing specific types of office uses in the NC (Neighborhood Commercial Zoning
District). Also, additional changes with respect to office uses and restrictions on outdoor storage of
vehicles, equipment and materials.
Phnning and Zoning Board held a pubhc hearing regarding this item on July 16, 2001 and voted 7-0
to recommend the City Commission amend LDR Sections 4.4.11(B)(3), '~Principal Uses and
Structures Allowed" and 4.4.110-I), "Special District Regulations" based upon a positive findings with
LDR Secuon 2.4.5~1)(5).
At the July 24, 2001 Regml,r City Commission meeting this ordinance was passed unanimously.
Recommend approval of Ordinance No. 40-01 on second and final reading.
ref. agmemo21 Ord 40-01 08 07.01
TO:
THRU:
FROM:
SUBJECT:
~ "CITY COMMISSIONDOCUMENTATION ·
PAUL DORLING, DIRECTOR OF PLANNING ~D Z~NG
MEETING OF JULY 24, 200t
CONSlDE~TION OF AN AMENDMENT TO LDR SECTIONS 4.4.JJ(B)(3), (C)
AND (H) REGARDING "BUSINESS AND PROFESSIONAL OFFICES" IN THE
NC (NEIGHBORHOOD COMMERCIAL) ZONING DISTRICT.
BACKGROUND
I I I I' I II IIIIII II I
"Caril~bean Blue Pools and Kellerco Construction, Inc." wish to locate at 2201 Seacrest
Boulevard. The property is located in the NC (Neighborhood Commercial) zoning district,
however professional offices for swimming pool sales and construction services is not
specifically listed as an allowable use in the NC zoning district. As the use is not specifically
listed, the applicant has requested a LDR text amendment to add professional executive offices
for swimming pool sales and construction services as a permitted use. The request is not to
establish a contractor's office with associated outside storage of materials, equipment and/or
vehicles.
Staff is recommending additional changes with respect to offices uses and restrictions on
outdoor storage of vehicles, equipment and materials. The amendment will allow business and
professional offices in general rather than listing specific types of office uses. Additional
background and an analysis of the request are found in the attached Planning and Zoning
Board staff report.
,The Planning and Zoning Board held a public headng regarding this item at its meeting of July
16, 2001. There was no public testimony regarding the request. After discussing the
,amendment, the Board voted 7-0 to recommend to the City Commission that LDR Section
4.4.11(B)(3) (Principal Uses and Structures Allowed) be amended to allow 'Business and
Professional Offices" as a permitted use; that Section 4.4.11(C)(2) be amended regarding
refuse and service areas; and, that Section 4.4.1 l(H)(Special Distdct Regulations) be amended
regarding outdoor storage, based upon a positive finding with LDR Section 2.4.5(M)(5).
By motion, approve on first reading the attached amendments to LDR Sections 4.4.11(B)(3),
(C)(2) and (H)(3) of the NC (Neighborhood Commercial) zoning district, based upon the findings
and recommendations of the Planning and Zoning Board, setting a public heating date of
August 6, 2001.
Attachments: P&Z Staff Report and Documentation of July 16, 2001
Ordinance by Others
10'L)
ORDINANCE NO. 40-01
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELKAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING CHAPTER FOUR, "ZONING
REGULATIONS", SUBSECTION 4.4.11, "NEIGHBORHOOD
COMMERCIAL (NC) DISTRICT", PARAGRAPH 4.4.11(B),
"PRINCIPAL USES AND STRUCTURES PERMITTED", TO
PROVIDE FOR BUSINESS AND PROFESSIONAL
OFFICES; BY AMENDING PARAGR_APH 4.4.11(C) TO
PROVIDE FOR REFUSE AND SERVICE AREAS; AND BY
AMENDING PARAGRAPH 4.4.11 (H), "SPECIAL
REGULATIONS", TO PROHIbIT OUTDOOR STORAGE;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on July 16, 2001 and voted to recommend that
the changes be approved; and
· WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting
as the Local Planning Agency, has determined that the change is consistent with and furthers the
goals, objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, "Zoning Regulations", Section 4.4, "Base Zoning District",
Subsection 4.4.11, "Neighborhood Commercial (NC) District", Sub-Subsection 4.4.11(B),
"Principal Uses and Structures Permitted", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as
follows:
Section 4.4.11 Neighborhood Commercial (NC) District:
(B) Principal Uses and Structures Permitted: The following types of uses are allowed
within the NC District as a permitted use:
(1) Retail sales such as: convenience foods; household supplies; garden and
lawn supplies; drugs and medicine; small appliance sales and repairs; baked goods; delicatessen
goods.
(2) Provision of services such as: barber and beauty shops; dry cleaning
limited to on-site processing for customer pickup only; dry cleaning and laundry pickup stations;
financing e.g. banks and similar institutions excluding drive-through facilities; laundromats
limited to self-service facilities; dining at sit down restaurants including takeout and ice cream
parlors but excluding drive-in, drive-through facilities; equipment rental; newsstands.
(3) i fe Offi
Bus ness and Pro ssional ces,
customers :'ach a:: travel agenc:e:; ~-.v
....... ,: .......... ;, ..... ;~. t~..~...~x offices, subject to the limitations per Subsection (H).
Section 2. That Chapter Four, "Zoning Regulations", Section 4.4, "Base Zoning District",
Subsection 4.4.11, "Neighborhood Commercial (NC) District", Sub-Subsection 4.4.11(C),
"Accessory Uses and Structures Permitted", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as
follows:
Section 4.4.11 Neighborhood Commercial (NC) District:
(C) Accessory Uses and Structures Permitted: The following uses are allowed when a part
of, or accessory to, the principal use:
(1) Parking areas for employees and customers
(2) Refuse and ,,tq~r-age-service areas.
Section 3. That Chapter Four, "Zoning Regulations", Section 4.4, "Base Zoning District",
Subsection 4.4.11, "Neighborhood Commercial (NC) District", Sub-Subsection 4.4.11(H),
"Special Regulations", of the Land Development Regulations of the Code of Ordinances of the
City of Delray Beach, Florida, be and the same is hereby amended to read as follows:
Section 4.4.11 Neighborhood Commercial (NC) District:
(H) Special Regulations:
(1) The maximum area devoted to a single tenant for office or service uses
shall not exceed 2,000 sq. ft. in floor area. The intent of these restrictions is to maintain the
center at the neighborhood scale.
2 ORD. NO. 40-01
(2) The maximum floor area which can be allocated to a single retail use, or
groups of similar (retail, office, services) principal uses, shall not exceed 10,000 square feet.
(3) Outdoor storage of any kind is prohibited, except as permitted herein.
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 p,art declared to be invalid.
Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 6. That this ordinance shall become effective immediately upon its passage on second
and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,200
ATTEST
MAYOR
Acting City Clerk
l~irst Reading
Second Reading.
3 ORD. NO. 40-01
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING DATE:
JULY 16, 2000
AGENDA ITEM:
IV.E. - AMENDMENT TO LDR SECTION 4.4.11(B)(3) TO
ADD PROFESSIONAL EXECUTIVE OFFICES FOR
SWIMMING POOL SALES AND CONSTRUCTION
SERVICES AS A PERMITTED USE IN THE NC
(NEIGHBORHOOD COMMERCIAL) ZONING DISTRICT.
The item before the Board is that of making a recommendation to the City Commission
regarding an LDR amendment to Section 4.4.11(B)(3) Neighborhood Commercial (NC)
zoning district, principal Uses and Structures Permitted, to add "professional executive
offices for swimming pool sales and construction services" as a permitted use, pursuant
to LDR Section 2.4.5(M).
Pursuant to Section 1.1.6, an amendment to the Land Development Regulations may
not be made until a recommendation is obtained from the Planning and Zoning Board.
"Caribbean Blue Pools and Kellerco Construction, Inc." wish to locate at 2201 Seacrest
Boulevard. The property is located in the NC (Neighborhood Commercial) zoning
district, however professional offices for swimming pool sales and construction services
is not specifically listed as an allowable use in the NC zoning district. As the use is not
specifically listed, the applicant has requested a LDR text amendment to add
professional executive offices for swimming pool sales and construction services as a
permitted use. The request is not to establish a contractor's office with associated
.outside storage of materials, equipment and/or vehicles.
The request is to allow professional executive offices for swimming pool sales and
construction services as permitted uses in the NC zoning district. Staff is also
recommending additional changes with respect to offices uses and restrictions on
outdoor storage of vehicles, equipment and materials.
LDR Section 2.4.5(M)(5) {Findin.¢ls): Pursuant to LDR Section 2.4.$(M)($)
(Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a
finding that the text amendment is consistent with and furthers the Goals,
Objectives and Policies of the Comprehensive Plan.
The Purpose and Intent of the NC zoning district is to provide the opportunity to locate
limited retail and service uses in a manner convenient to and yet not disruptive to
residential areas.
Planning and Zoning Board Sto,f Report
LDR Amendment to Add Professional Executive Offices for Swimming Pool Sales and Construction
Services in the NC Zoning District
Page 2
Section 4.4.11(B)(3) of the NC zoning district currently allows the following as a
permitted use: "Business and Professional Offices, which provide direct services to
customers such as: travel agencies; outpatient medical services; real estate; finance
and accounting; community service (outreach) offices".
In the past, property owners have had difficulty leasing space due to the specificity of
the offices allowed. While the request is to add a specific use to those already listed, it
seems appropriate to amend the code for the NC zoning district to 4ist Business and
Professional Offices as a permitted use, rather than list the specific types of business
and professional offices. This would be similar to both the RO (Residential Office) and
Old School Square Historic Arts District (OSSHAD) zoning districts, which list business
and professional offices as a permitted use. The purpose and intent of the RO zoning
district is similar to that of the NC zoning district in that the RO district is to
accommodate professional offices, which will meet the needs of nearby neighborhoods.
The RO zoning district specifically restricts any outdoor storage as a supplemental
district regulation.
A comparison of regulations of other municipalities was conducted as follows:
Boca Raton:
Business and Professional Offices are allowed in the NCBD (Neighborhood
Commercial Business District) zoning district as a permitted use while outdoor
storage of any kind including motor vehicles is listed as a prohibited use.
Boynton Beach:
Business and Professional Offices are allowed in the C-2 (Neighborhood
Commercial) zoning district as a permitted use while outdoor storage or display of
any type is listed as a prohibited use.
A business and/or professional office is a Iow intensity type of use, which commonly
serves a nearby neighborhood. Various types of business or professional offices may
include accountants, architects, attorneys, contractors, dentists, interior designers and
physicians. Typically, when these types of offices are located in or near a neighborhood
the residents of such neighborhood, will patronize these businesses.
There are concerns regarding the potential for outdoor storage of vehicles, equipment
and/or materials associated with a business and/or professional office. Storage of
vehicles and equipment was the primary reason why contractor's offices were not
specifically listed as a permitted use in the RO zoning district or the Old School Square
Historic Arts District (OSSHAD). However, contractor's business/administrative offices,
excluding storage are allowed and exist in both districts.
Currently, the NC zoning district lists "refuse and storage areas" as an accessory use
[ref. LDR Section 4.4.11(C)(2)]. This section does not differentiate between inside and
outside storage, however it is assumed that outside storage is permitted. Outside
Planning and Zoning Board S~,,f Report
LDR Amendment to Add Professional Executive Offices for Swimming Pool Sales and Construction
Services in the NC Zoning Distdct
Page 3
storage is not listed as an allowable use in other commercial zoning districts such as the
GC, CBD, PC, POC, etc. Therefore, in order to alleviate concerns regarding an outdoor
component, staff also proposes changes to the accessory uses section of the NC
district to be consistent with the referenced zoning districts, and adding a provision
prohibiting the outdoor storage. The proposed change would not have an impact on the
"display and sale of lawn furniture, playground equipment, sheds and accessories"
which is listed as a conditional use and typically has a large outside storage and display
component.
COMPREHENSIVE PLAN POLICIES:
The goals, objectives and policies of the Comprehensive Plan were reviewed and there
are r)o applicable goals, objectives or policies noted. While the amendment does not
specifically further the goals, objectives, and policies of the Comprehensive Plan, it is
not inconsistent with them. However, the restriction on outdoor storage will assist in
ensuring compatibility with adjacent properties.
CommuniW Redevelopment A;ency
At its meeting of June 28, 2001, the CRA reviewed and recommended approval of the
text amendment.
Courtesy Notices:
A special courtesy notice was provided to the President's Council, Progressive
Residents of Delray and the Seacrest Homeowner's association. Letters of objection
and support, if any, will be presented at the Planning and Zoning Board meeting.
ACTION
By motion, recommend to the City Commission that LDR Section 4.4.11(B)(3) (Principal
Uses and Structures Allowed) be amended to allow 'Business and Professional Offices"
as a permitted use; that Section 4.4.11(C)(2) be amended regarding refuse and service
areas; and, that Section 4.4.11(H)(Special District Regulations) be amended regarding
outdoor storage, based upon a positive finding with LDR Section 2.4.5(M)(5).
Attachment:
· Proposed Amendment
· NC Zoned Districts Map
s:~planning & zoning\boards\p&z board~ldrconstructionofficesnc.doc
Planning and Zoning Board S,..,f Report
LDR Amendment to Add Professional Executive Offices for Swimming Pool Sales and Construction
Services in the NC Zoning District
Page 4
'PROPOSED '"ORDINANCE '~'"~'~'~ '~':'~'~'~"~ ...... ~":'~' ~'~ ~' ~'-": J
Section 4.4.11 Nei.clhborhood Commercial (NC) District:
(B) Principal Uses and Structures Permitted: The following types of uses are
allowed within the NC District as a permitted use:
(3)
Business and Professional Offices, '"'~'~"~' ...... ,. ..... .......... ;'~ '~-~'"*.... '
....... +; ......... .,i~., ..~.,,i,.../,.,,~......~ ..m..~,. subject to the limitations per
Subsection (H).
(C) Accessory Uses and Structures Permitted: The following uses are allowed when
a part of, or accessory to, the principal use:
(2) Refuse and ~service areas.
(H) Special Regulations:
(3) Outdoor stora.qe of any kind is prohibited, except as permitted herein.
CITY OF DELRAY BEACH, FLORIDA
NC (NEIGHBORHOOD COMMERCIAL)
ZONED DISTRICTS
LEGEND:
1. PINE RIDGE ROAD & ~.ACRE~T BOULEVARD (SUBJECT PROPERTY)
HAMLET PLAZA
SOUTH OF HIGHLAND TRAILER PARK
4. DISCOUNT AUTO PARTS
FOUNTAINS AT DELRA Y BEACH
& ~.E. CORNER OF AVENUE 'G' & FEDERAL HIGHWAY
cn'Y oF DELRAY BEACH, FI.
JtJLY ~01
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
CiTy YOR AND CITY COMMISSIONERS
MANAGER
AGENDA ITEM #10,~ REGULAR MEETING OF AUGUST 7, 2001
ORDINANCE NO. 44-01 (POLICE AND FIRE PENSION PLAN)
AUGUST 3, 2001
This is second reading and a pubhc hearing for Ordinance No. 44-01 which amends Chapter 33, "Police
and Fire Departments", Subheading "Pensions", Section 33.66, "Finances and Fund Management", and
Section 33,66(E)(2)(b), to modify the time period for re-balancing pension fund assets.
The ordinance provides that investments in excess of the investment standard are to be continued until it
is econormcally feasible to dispose of such investments in accordance with investment parameters and
meets the requirements of F.S. 112.661(5)(3) and F.S. 112.66(5)(b).
At first reading on July 24, 2001, the City Commission passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 44-01 on second and final reading.
Ref Agrnemol50rd 44-01 Pohce &Ftre Pen.q~on 08 07 01
Cii'¥ .Ti OFFICE
1993 DATE: July 17, 2001
TO:
FROM:
SUBJECT:
200 NW lsl AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct L~ne 561/243-7091
MEMORANDUM
City Commission
David T. Harden, City Manager
Susan A. Ruby, City Attorney
Ordinance No. 44-01, Police and Fire Pension Plan
Attached please find the above ordinance, which modifies the Police and Fire Pension Plan
to conform with the Division of Retirement's concerns that the previously adopted
ordinance did not meet the requirements of F.S. §112.661(5)(b). F.S. §112.66(5)(b)
provides that investments in excess of the investment standard are to be continued until it
is economically feasible to dispose of such investments in accordance with investment
parameters.
This ordinance has been reviewed by the City Police and Fire Pension Board. Please place
this ordinance on the next regular City Commission agenda for Commission action.
Attachment
CC:
Barbara Garito, Acting City Clerk
Joseph Safford, Finance Director
Bill Adams, Assistant Fire Chief
Stephen Cypen, Esq.
James W. Linn, Esq.
ORDINANCE NO. 44-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA AMENDING CHAPTER 33, "POLICE AND
FIRE DEPARTMENTS", SUBHEADING ``PENSIONS", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA BY
AMENDING SECTION 33.66, "FINANCES AND FUND
MANAGEMENT," SECTION 33.66(E)(2)(b), TO MODIFY THE TIME
PERIOD FOR REBALANCING PENSION FUND ASSETS; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City and the Board of Trustees of the Police and Firefighter Retirement
Plan desire to modify the period within which pension fund assets must be rebalanced.
NOW, THEREFORE, be it ordained by the City Commission of the City of Delray
Beach, Florida as follows:
Section 1. That Section 33.66, "Finances and Fund Management", Subsection
E(2)(b) be and is hereby amended to read as follows:
(b) The Board of Trustees shall not invest more than five percent (5%) of
Trust Fund assets in the common or capital stock of any one issuing company, nor shall the
aggregate investment in common or capital stock in one company exceed five percent (5%) of
the outstanding common or capital stock of that company; nor shall the aggregate of the
Fund's investments in common or capital stock using the market value method exceed
seventy percent (70%) of the Fund's assets, as measured on the last business day of each
quarter. The Board of Trustees shall rebalance the Fund's assets by the last business day of
the following quarter, unless the Board determines that it would not be economically feasible
because rebalancin;~ would cause an economic losst in which case the Fund's assets shall be
rebalanced as soon as it is economically feasible to do so.
Section 2. That all ordinances or parts of ordinances in conflict herewith be and the same
are hereby repealed.
Section 3. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 4.
reading.
That this ordinance shall become effective upon its passage on second and final
of
PASSED AND ADOPTED in regular session on second and final reading on this the ~
2001.
day
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
2 ORD. NO. 44-01
[ITY OF DELRflY BEI:II:H
CiTY ATTORNEY'S OFFICE ~00 mw ~t ^WN~- ~^~ ~^C., ~O~I~^..~
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993
DATE:
TO:
FROM:
SUBJECT:
Writer's D~rect Line' 561/243-7091
MEMORANDUM
July 18, 2001
City Commission
Susan A. Ruby, City Attorney
Resolution No. 47-01 - Authorizing the CRA to Issue Promissory Note
The CRA, through its counsel, has requested that Resolution No. 47-01 be placed on the
August 7, 2001 City Commission agenda for approval. The CRA plans to formally
proceed with their action on the matter at their meeting on August 9, 2001.
By copy to David Harden, please place this matter on the August 7, 2001 City Commission
agenda.
Enclosure
CC:
David Harden, City Manager
Barbara Garito, Acting City Clerk
Diane Dominguez, Director of CRA
Robert Federspiel, Esq.
Mark Raymond
RESOLUTION NO. 47-01
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA AUTHORIZING THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY
OF DELRAY BEACH TO ISSUE ITS PROMISSORY NOTE,
SERIES 2001, IN THE PRINCIPAL AMOUNT OF NOT
EXCEEDING $1,000,000; AND PROVIDING AN EFFECTIVE
DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AS FOLLOWS:
Section 1: The Delray Beach Community Redevelopment Agency is hereby authorized to
issue its Promissory Note, Series 2001, in the principal amount of not to exceed $1,000,000 and
having such other terms and conditions as set forth in the form of said Promissory Note attached
hereto as Exhibit "A."
Section 2: This Resolution shall take effect immediately upon its passage.
PASSED AND ADOPTED in regular session on this, the 7th day of August, 2001.
Mayor
ATTEST:
City Clerk
August 10, 2001
$1,000,000.00
DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY
PROMISSORY NOTE
SERIES 2001
KNOW ALL MEN BY THESE PRESENTS that Delray Beach Community Redevelopment
Agency (the "Issuer"), a public body corporate and politic of the State of Florida created and existing
pursuant to the Constitution and the laws of the State of Florida, for value received, promises to pay
from the sources hereinafter provided, to the order of Bank or America, N.A. or registered assigns
(hereinafter, the "Owner"), the principal sum of $1,000,000.00 or such lesser amount as shall be
outstanding hereunder, together with interest on the principal balance outstanding at the rate per
annum equal to the Applicable Rate (as hereinafter defined) (subject to adjustment as hereinafter
provided) based upon a year of 360 days for the actual number of days elapsed.
Principal of and interest on this Note are payable in immediately available funds constituting
lawful money of the United States of America at such place as the Owner may designate to the
Issuer.
Interest on the outstanding principal balance of this Note shall be due and payable in arrears,
on the 10th day of each and every month, commencing September 10, 2001, or, if any such day is
not a Business Day, the next succeeding Business Day, to and including the Maturity Date
(hereinafter defined). The entire unpaid principal balance, together with all accrued and unpaid
interest hereon, shall be due and payable in full on August 10, 2003 (the "Maturity Date").
All payments by the Issuer pursuant to this Note shall apply first to accrued interest, then to
other charges due the Owner, and the balance thereof shall apply to the principal stun due.
As used in this Note,
(1) "Applicable Rate" for each Interest Period shall mean a rate that is equal to
the LIBOR Rate plus 1.00%;
(2) "Interest Period" shall mean each period commencing on each Interest Rate
Adjustment Date and ending on, but not including, the next Interest Rate Adjustment Date,
provided that the first Interest Period shall commence on August 10, 2001.
(3) "Interest Rate Adjustment Date" shall mean the 10th day of each month,
commencing September 10, 2001, or, if any such day is not a Business Day, the next
succeeding Business Day.
(4) "LIBOR Rate" means for each Interest Period, the offered rate for deposits in
United States dollars in the London Interbank Market for a thirty (30) day period which
appears on the Telerate screen page 3750 as of 11:00 a.m. (London time) on the day that is
two London Banking Days preceding the first Business Day of the Interest Period. If at least
two such offered rates appear on the Telerate screen page 3750, the rate will the be arithmetic
mean of such offered rates. If such offered rate is not reported or is misquoted on Telerate,
the Owner may, in its discretion, use any other comparable publicly available index or
reference rate showing rates for United States dollar deposits in the London Interbank market
as of the applicable date.
(5) "London Banking Day" shall mean each day other than a Saturday, a Sunday
or any holiday on which commercial banks in London, England are closed for business.
The principal of and interest on this Note may be prepaid at the option of the Issuer in whole
or in part at any time. There shall be no prepayment premium or penalty.
Upon the occurrence of an Event of Default (as defined in the Loan Agreement) then the
Owner may declare the entire debt then remaining unpaid hereunder immediately due and payable;
and in any such default and acceleration, the Issuer shall also be obligated to pay (but only from the
Pledged Revenues) as part of the indebtedness evidenced by this Note, all costs of collection and
enforcement hereof, including such fees as may be incurred on appeal or incurred in any proceeding
under bankruptcy laws as they now or hereafter exist, including specifically but without limitation,
claims, disputes and proceedings seeking adequate protection or relief from the automatic stay. If
any payment hereunder is not made within ten (10) days after it is due, then the Issuer shall also be
obligated to pay as a part of the indebtedness evidenced by this Note a late payment fee in the
amount of 5% of delinquent payment, which late payment shall be due and payable immediately.
Interest at the lesser of 18% per annum or the maximum lawful rate per annum shall be
payable on the entire principal balance owing hereunder from and after the occurrence of and during
the continuation of a default described in the preceding paragraph, irrespective of a declaration of
maturity.
The Issuer to the extent permitted by law hereby waives presentment, demand, protest and
notice of dishonor.
THIS NOTE AND THE INTEREST HEREON DOES NOT AND SHALL NOT CONSTITUTE A
GENERAL INDEBTEDNESS OF THE ISSUER WITHIN THE MEANING OF ANY
CONSTITUTIONAL PROVISION OR STATUTORY LIMITATION BUT SHALL BE PAYABLE
SOLELY FROM THE MONEYS AND SOURCES PLEDGED THEREFOR. NEITHER THE
FAITH AND CREDIT NOR ANY AD VALOREM TAXING POWER OF THE ISSUER, THE
STATE OF FLORIDA OR ANY POLITICAL SUBDIVISION THEREOF IS PLEDGED TO THE
PAYMENT OF THE PRINCIPAL OF OR INTEREST ON THIS NOTE OR OTHER COSTS
INCIDENTAL HERETO.
This Note is issued pursuant to a Resolution duly adopted by the Issuer on August 9, 2001, as
from time to time amended and supplemented (herein referred to as the "Resolution"), and a Loan
Agreement, dated of even date herewith between the Issuer and the Owner (the "Loan Agreement")
and is subject to all the terms and conditions of the Resolution and Loan Agreement. Pursuant to the
Loan Agreement, the Issuer may request Advances from time to time from the Owner hereunder,
provided that the outstanding principal amount at any time under this Note shall not exceed
$1,000,000, and provided that amounts may be borrowed, repaid and reborrowed hereunder, subject
to the foregoing limitation. All terms, conditions and provisions of the Resolution and Loan
Agreement are by this reference thereto incorporated herein as a part of this Note. Terms used herein
2
in capitalized form and not otherwise defined herein shall have the meanings ascribed thereto in the
Resolution.
This Note is payable solely from and is secured by a lien upon and pledge of the "Pledged
Revenues" as described in the Resolution and Loan Agreement. Notwithstanding any other
provision of this Note, the Issuer is not and shall not be liable for the payment of the principal of and
interest on this Note or otherwise monetarily liable in connection herewith from any property other
than the Pledged Revenues.
This Note may be exchanged or transferred by the Owner hereof but only upon the
registration books maintained by the Issuer and in the manner provided in the Loan Agreement.
It is hereby certified, recited and declared that all acts, conditions and prerequisites required
to exist, happen and be performed precedent to and in the execution, delivery and the issuance of this
Note do exist, have happened and have been performed in due time, form and manner as required by
law, and that the issuance of this Note is in full compliance with and does not exceed or violate any
constitutional or statutory limitation.
IN WITNESS WHEREOF, Delray Beach Community Redevelopment Agency has caused
this Note to be executed in its name by the manual signature of its Chairman this 10th day of August,
2001.
DELRAY BEACH COMMUNITY
REDEVELOPMENT AGENCY
By:
Chairman
C \WINDOWS\TEMP\PROM1SSORY NOTEO) DOC 3