04-14-98 Workshop CI'IT OF DELRAY BEACH, FLORIDA - CITY COMMISSION
FIRST FLOOR CONFERENCE ROOM ®
1993
The City will furnish auxiliary aids and services to afford an individual with a disability an
opportunity to participate in and enjoy the benefits of a service, program or activity conducted by the
City. Contact Doug Randolph at 9.43-7127 (voice) or 243-7199 (TDD), 24 hours prior to the event in
order for the City to accommodate your request. Adaptive listening devices are available.
~PECIAL MEETING AGEl~DA
Pursuant to Section 3.07 of the Charter of the City of Delray Beach, Mayor Jay Alperin has
instructed me to announce a Special Meeting of the City Commission. This meeting is being
conducted for the following purposes:
(1) Special Event Request/Beach Boys Concert: Consider a request for special event
approval to allow a concert by the Beach Boys on the municipal beach on duly 3, 1998.
(9) Request for Waiver from pslm Beach Photographic Centre: Consider a request from
Palm Beach Photographic Centre to waive LDR Section 4.6.7 (D) (3) (j) (ii) to allow special
event signage for Foto Funfest ~)8 to be placed in medians more than one week prior to
the event.
(3) Tare Lawsuit - Settlement Proposal: Consider approval for a joint offer of settlement
with the Lake Worth Drainage District.
Alison MacGregor Harty
City Clerk
WORKSHOP AGENDA
(1) Report of the High-Rise Fire Safety Task Team.
(2) Presentation by Peter Daniels, Library Director, concerning the Public Library's
Technology Plan.
(3) Presentation by Palm Beach County Department of Environmental Resources
Management regarding "State of the Lakes" management and enhancement plan for the
freshwater chain of lakes.
(4) Downtown Side Street Beautification Program.
(5) CRA application to Metropolitan Planning Organization (MPO) for ISTEA (Intermodal
Surfaces Transportation Efficiency Act) funding for enhancement or beautification
activities on West Atlantic Ave.
(6) Florida Department of Transportation (FDOT) proposed plans for Interstate 95.
(7) Commission Comments.
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, wo~op.ap~.n.gs
[IT¥ DF DELRI:I¥ BER£H
DELRAY BEACH
100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407~243-7000
AIl-AmericaCity
1993 TO: David T. Harden
City Manager
FROM: [J~ Robert A. Barcinski
Assistant City Manager
DATE: April 10, 1998
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING APRIL 14. 1998
SPECIAL EVENT APPROVAL
ACTION
City Commission is requested to consider approval of a request from Sunset
Productions to hold a Beach Boys Concert on the Municipal Beach on July 3, 1998
between 7:00 p.m. and 10:00 p.m., to grant a temporary use permit per LDR's
Section 2.4.6(H) for use of the Municipal Beach from Miramar to Casaurina, 20-25
parking spaces on A-I-A for setup, use of Sandoway Park and Anchor Park for VIP
and sponsor events, and use of other City parking lots for event parking; waiver of
LDR's Section 4.6.7(D)(3)(j)(ii) to allow event signage to be set up 2-3 weeks prior
to the event; City staff support for security and traffic control, barricade set up and
take down, clean up, construction of signage and paramedic services. Waivers will
also be needed of City Codes Sections 101.25 and 101.32 to allow vendors and
commercial use of the beach area.
BACKGROUND
We have received a request (attached) from Sunset Productions to be allowed to
hold a Beach Boys Concert on July 3, 1998 from 7:00 p.m. to 10:00 p.m. on the
Municipal Beach. The area being proposed for use is east of the dune from
Miramar south to Casaurina. A detailed site map is attached. The event sponsors
have indicated that they will:
· Pay for and assume all financial risk for the event
· Obtain liability insurance as would be required by the City Attorney and hold the
City harmless
· Provide the stage, sound equipment, and lighting
Provide port-o-lets
~ Printedon Recycled Paper THE EFFORT ALWAYS MATTERS ,.~ p/
David T. Harden
April 10, 1998
Page Two
· Provide and pay for private security
· Pay for signage costs and barricade rental costs, if needed
· Acquire snow fencing to secure the north and south boundaries of the site as
well as the area east of the dune line and entry ways.
· Pay for all City staffing costs
· Provide trolley service from downtown lots
· Provide security lighting
· Provide for site clean up
· Provide exit lighting and site lighting after the event
City assistance is being requested as follows:
· Police staff for security and traffic control
· Staffing for barricade set up and take down
· Lifeguards to patrol the beach area
· Clean up assistance off site
· Paramedic rescue assistance
· Event signage
The event is being proposed as a non-alcoholic event and waivers of LDR's and
City Ordinances are being requested for noise, permitting commercial use of the
beach, and to allow event signage to be placed 2-3 weeks before the event.
Although staff feels, logistically, the event is doable, they have raised some
concerns. These concerns are summarized as follows:
· Ability to staff the event with City personnel on a voluntary basis. Due to Art and
Jazz being held on July 2nd and the July 4th events, departments will probably
have to direct staff to work this event. Staffing impacts will be critical especially
in the Police Department and in the Parks and Recreation Department.
Additional lifeguards from other municipalities will have to be hired.
· Dune Damage, i.e, even with the snow fencing there is concern about damage
to the beach dune, especially when people are exiting the event.
· Neighborhood impacts, i.e., traffic and noise
· Ability to get people on or off the beach in the event of an accident
· Ability to prohibit alcoholic beverages from being brought on to the site
· Traffic congestion
· Sea turtle nest protection
Copies of memo's expressing concerns are attached.
David T. Harden
April 10, 1998
Page Three
Although preliminary cost estimates for City services were provided in the request,
more detailed estimates are as follows:
Dept/Function Overtime Regular Hours
Police/Security Traffic Control $8,000 $300
Parks & Recreation/Lifeguards 2,100 ....
Snow Fence Installation .... 3,320
Clean Up 2,520 ....
Fire/Paramed ics 1,050 ....
Public Works/Barricades & Signage 3.000 1.000
Totals $16,670 $4,620
RECOMMENDATION
Staff requests Commission consideration of the event. If approved, we ask that the
following conditions be met:
· A certificate of insurance and hold harmless agreement be provided per City
Attorney approval
· All overtime costs be paid for by the promoters
· Any dune restoration that may be needed due to the event, be paid for by the
event promoters
· Snow fence be installed far enough east to allow our staff to patrol this area.
· Meter revenue loss be reimbursed to the City by the promoter
· Waivers be obtained for the consumption of alcohol in Sandoway Park and
Anchor Park for VIP receptions.
· Any turtle nests that are found be protected with fencing and signage.
RAB/sdl
File:u:sweeney/agenda
Doc:041098a.doc
DELRAY BEACH
Delray Beach Police Department
AII-AmedcaCfly
(561) 243-7888 Fax (561) 243-7816
llll
1993
MEMORANDUM
TO: Robert A. Barcinski, Assistant City Manager/,'/
FROM: Richard G. Overman, Chief of Police ~
DATE: April 9, 1998
SUBJECT: BEACH BOYS CONCERT {07/03198)
Please be advised that I met with the command staff with reference to the above
proposed concert and have the following to offer:
1. After reviewing the description of the event site, we have concerns. Whether A1A
should be closed down for the actual event or whether it should remain open. If AIA
is closed, more than likely there will be many people without tickets who will listen to
the concert just outside the fence line or on A1A. If we leave A1A open, then we
believe there will be a significant traffic problem during the entire event. Also, we
can count on the fact that there will be significant activity in the immediate
neighborhood at the south end of the beach. We anticipate that we will have to
provide additional rolling security in the neighborhoods, as we are sure the Beach
Property Owners Association as well as the Seagate Homeowners Association will
be very sensitive to this particular event.
2. We agree with "no waiver for the consumption of alcoholic beverages" either on the
city streets or on the beach. We believe that we will deal with alcohol and/or drug
problems any way as we believe we can count on a number of concert goers
bringing their own to the concert. We will not be able to make custody arrests so the
use of NTA's will be necessary.
3. Noise Ordinance: Obviously we will have to have a noise ordinance waiver;
however, I do not believe it will minimize the complaints we will receive from the
immediate southern end of the barrier isle.
4. Personnel/Manpower: At present, Lieutenant Davis has estimated that it will take
approximately 41 additional police officers in order to handle the vadous aspects of
the event, including security and traffic at the various locations. I am not absolutely
sure that is an accurate figure, and we really will not know that until we get into the
detailed planning of the event. Additionally, we know that we will require at least one
SUBJECT: BEACH BOYS CONCERT (07/03/98)
April 9, 1998
Page 2
additional communications specialist for each event (Thursday, Friday and
Saturday).
5. It appears at this time that we will probably have to order our officers to work the
event, and it will require that we either rearrange their regular working hours or order
them to work their days off. Obviously, what has complicated this issue is the fact
that we have a major Art and Jazz on the Avenue event on Thursday, July 2°d, the
proposed Beach Boys concert on Friday, July 3rd, and the Bed Race and Fourth of
July Fireworks Display on Saturday, July 4th. I do not believe that we will be able to
get that many officers to volunteer to work the details simply because of the volume
that is required for all three (3) details. I believe it will cause a morale problem and
obviously we will have to divert resources from their normal duties in order to
accommodate the requirements of these special events. Should the event move
forward, it is recommended that the detail rate of pay be consistent with the time and
one half pay rate since we will be forced to order officers in to work the event. I
cannot have some officers working events at one rate and others working at a
different rate.
6. With regard to coolers and other implements being brought into the event, by law,
the police will not be able to search coolers or other baggage for the existence of
alcoholic beverages or drugs; therefore, we are recommending that coolers be
prohibited from being brought in to the event. It is also recommended that civilian T-
shirt security be at the entry points along with the police to do any search that may
be required. Restrictions should be specifically noted on the tickets that are sold
indicating that coolers and alcoholic beverages and any other implements that might
pose public safety concerns are prohibited. It should also be noted that the
promoter has the right to refuse anyone who is unwilling to comply with the
requirements for entry into the event.
7. Because one of the boundaries for the event is the water, we recommend that either
the Palm Beach County Sheriff's Office or the Florida Marine Patrol be posted in
order to deal with any boat problems that might develop as a result of the event.
Finally, we do have a number of other concerns with regard to this event, which include
parking problems in the neighborhood, security in the neighborhood, relationships with
the homeowners associations (Beach Property Owners Association and Seagate
Homeowners Association) and general traffic flow from 24 hours prior to the concert
until after the concert is cleared.
Should a decision be made to go forward with this event, we will do the very best we
can to facilitate traffic flow and security for '~he neighborhood.
RGO/ppt
Delray Beach Ocean Rescue
340 South Ocean Blvd.. Delray Beach, Florida 33483 · (561)243-7352 · FAX(561)243-7270
To: Director of Parks and Recreation - Joe'Weldon
From: Beach Supervisor - Richard Connell
Subject: Boys Concert, July 3rd
Date:
I have discussed concert at the municiPal b! for Friday July
3, 1998 with my ·
· The concert affects f}~5.46 to the S-3 Tower.
The total area :~_
· Twenty lifeguards t 3rd, 1998. This will be
the first of two 14-15 staffwill be required
to provide at nummum of July 3rd and
4th. This lifeguards from the
surrounding area could ~:for the concert/fireworks.
· It is recommended assigned a 200
foot area before and
enforce a ban on :~ ~:':'
· Two Inflatable available to patrol boats
coming within the shoreline. This distance is required to persons
jumping off boats and attempting to swim to the beach in the concert area. This has been a
chronic problem on weekends and usually involves persons whose judgment has been
impaired due to the influence of alcohol. One boat belongs to Ocean Rescue and the other to
the Fire/Police Departments. It is also recommended a Police Officer be on at least one of the
boats. Jet skis after dark are not recommended for obvious reasons.
· The Ocean Rescue Division has buoy markers to place along this perimeter but will require a
method for illuminating these buoys after dark.
reft
Two lifeguards should be stationed in the water in surfboats or on paddleboards at the S-3
perimeter and S-5 perimeters to prevent persons from attempting to swim into the concert
area after dark from outside the boundaries at S-3 and S-5.
· Two lifeguards should be stationed at each of the three lifeguard towers to monitor public
safety and provide 1 st aid or public assistance as required.
· It is unlikely a right of way for the ATVs to patrol the area will be available unless it is
designated east of the dune with a barrier the crowd is not allowed to cross. This would
require three additional lifeguards to patrol on three ATVs.
Total overtime cost for the Ocean Rescue staff of(13) full-time lifeguards from 5:00 p.m. - 11:00
p.m. is (6) overtime hours x $19/hr (full-time average overtime rate) + 7 part-time lifeguards x
$15.00/hr (part-time overtime rate)= $2,100.00
This is a summary of the cost and our recommendations to be considered in providing the beach
as a staging area for this concert. ! will be attending my parent's 50th Wedding Anniversary
Celebration during this time and Eric Feld will be in charge of beach operations.
Richard Connell -
Beach Supervisor
cc: Ocean Lifeguard Staff/fde
reft
DELRAY BEACH
Parks 6 Recreatisn RECEIVED
.... "~'~'" APR 0 8 1998
ASSISTANT
CITY MANAGER
MEMORANDUM
TO: Robert Barcinski
Assistant City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Beach Boys Concert
DATE: April 8, 1998
Attached are comments and cost estimates for the proposed Beach Boys concert on July
3, 1998. Please note that the Parks Maintenance figure lA for $3,319.68 is for the
installation of snow fence to protect the dune. For both Parks Maintenance and Ocean
Rescue, the costs are as follows:
Parks Maintenance
Snow fence, installation $3,319.68
Cleanup costs 2,521.09
Subtotal $5,840.77
Ocean Rescue
Lifeguard costs $2,100.00
TOTAL $7,940.77
do~eldon
Director of Parks and Recreation
Attachments
Ref:rbbchboy
50 Northwest 1 st Avenue · Delray Beach, Florida 33444
(561) 243- 7250 * Fax: (561) 243-7268
SPECIAL EVENT
REPORT FORM
TO: Joe Weldon
Director of Park and Recreation
~ROM: Tim Simmons
Assistant Parks Superintendent
DATE: 4/8/98
SUBJECT: BEACH BOY CONCERT 7 / 3 / 98 [ est. hrs]
1. Labor
A. Regular Time: Number of Employees 6 hours worked 40 =
total employee hours 240 x average hourly rate $10.64 x
1.3 benefit multiplier = $3,319.68
B. Overtime: Number of Employees 10 hours worked 11 =
total employee hours 110 x average hourly rate $17.63 x
1.3 benefit multiplier = $2,521.09
C. Volunteer: Number of Volunteers total hours
D. Other:
E. Total Regular hours' 240 - Total Cost: $3,319.68
F. Total Overtime hours: 110 Total Cost: $2,521.09
G. Total Volunteer Hours:
H. Total Other :
2. Equipment / Facility use
A. Equipment: Rate:
B. Facility: Rate
3. Total Cost for all: $5,840.77
NOTE: EST. INCLUDES SET UP OF SAND FENCE TO PROTECT THE DUNE, AND CLEAN-
UP DURING AND AFTER CONCERT. TRASH BOXES ARE NOT INCLUDED IN EST.
RECEIVED
APR 0 1998
[ITY OF DELR;IY $EI:I[H
FIRE DEPARTMENT SERWNG DELRAY BEACH · GULFSTREAM · HIGHLAND BEACH
DELRAY BEACH
AII.Ame~ica City M E M 0 R A N D U M
TO: ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER
1993
FROM: ROBERT B. REHR, FIRE CHIEF
DATE: APRIL 7, 1998
SUBJECT: PROPOSED - BEACH BOY'S CONCERT
I have reviewed the information attached to your memo dated April 6, 1998. The cost
estimate provided by Assistant Chief Tomaszewski on March 10, will cover the expense of the
Fire Department to provide ALS service at the proposed event.
There are two issues associated with this event that are of concern to the Fire Department.
The first is the ability of our crews to remove a sick or injured patient from the beach with a
crowd of this size. We would need to rely on the assistance of the Life Guards and Security
Guards to help in this task.
The second issue is the gridlock traffic problem an event of this nature causes after the
show. From our experience with the fireworks on the beach, we know that from one-half hour to
one hour after the event our response units will have a very difficult time reaching a patient or
property East of the Intracoastal during an emergency.
If you have any questions or need further information, please contact me.
FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444
(561) 243-7400 · SUNCOM 928-7400 ° FAX (561) 243-7461
Printed on Recycled Paper
[ITY OF DELRI:IY BEI:I[H
FIRE DEPARTMENT SE,~V~NG DEL~AY BEACH · GULFSTREAM · HIGHLAND BEACH
DELRAY BEACH
March 1 1998
0,
Ali. America City
1420 N. Swinton Avenue
Delray Beach, FL 33444
Dear Mr. Ferrer:
Itemized below is a statement of cost for EMS coverage at the proposed July 3, Beach Boys
Concert at the municipal beach as discussed on the telephone on March 9, 1998. It is my
understanding that the Delray Beach Fire Department will be providing Advanced Life Support
service and one (1) Command Staff person for approximately 15,000 patrons and that ten (10)
Lifeguard/EMTs will also be used to staff this event.
COST FOR EMERGENCY MEDICAL SERVICE
Dates of Event: July 3, 1998
Time of Coverage: 4:00 p.m. - 11:00 p.m. (7 hours)
Service Level: Four (4) Paramedics providing on-site Advanced Life Support and
One (1) Command Staff
OT Cost: $30.00 per hour
Formula: Hours of coverage X Number of personnel X OT rate = Total Cost
Total Cost: 7 X 5 X $30.00 = $1,050.00
If you have any questions or need further information, please call me at (561) 243-7412.
Sincerely,
John Tomaszewski
Assistant Fire Chief
cc: Robert Rehr, Fire Chief
FIRE DEP,~,PTMENT HEADQUARTERS · 501 ~,~EST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444
,:561) 2-~3-7400 · SUINCOM 928-74C0 · FAX (561) 243-7461
SUNSET PRODUCTIONS, INC.
Joseph E. Ferrer
President
April 2, 1998
Mr. David Harden
City Manager
City of Delray Beach
100 NWI st Avenue
Delray Beach, FL 33444
Dear Mr. Harden:
Enclosed for your review and for presentation to the city commissioners is
a proposal to bring the All American Band ( Beach Boys ) to the All
America Beach on Friday, July 3, 1998, to be co-produced and presented
by Paragon Events and Sunset Productions, Delray Beach.
1. Detail description of the boundaries of the event site:
The site requested for this event will be from lifeguard station S-~3
( Miramar Drive ) on the north, to life guard station S-~5 ( Bay Street) on
the south; the east and west boundaries will be the ocean on the east and
A1A on the west. In addition, Sandoway and Anchor Parks and their
public parking spaces are being requested in order to accommodate VIP
and sponsor pre-concert receptions. These locations have been
tentatively discussed with Mr. Joseph Weldon, Director Parks &
Recreation Department.
2. Letter requesting waiver to permit alcoholic beverage
consumption on City streets: This production is NOT requesting a
waiver to permit alcoholic beverage consumption on city streets or on the
beach.
3. Letter requestin.q waiver of noise ordinance for music: Letter
attached. Please note that the stage for this event will be facing north,
with the sound being projected toward the commercial district of Atlantic
Avenue. Also, note that winds traditionally come from the southeast
1420 North Swinton Avenue * Delray Beach, FL 33444
Telephone (561) 276-8085 Fax (561) 276-8740
during this time of the summer, reinforcing the sound traveling that same
direction.
4. Request for Police and Fire Rescue and Life Guard Personnel:
Police:
We are requesting the use of Delray Beach Police officers for traffic
control and patron security during this event. I have already met with Lt.
Mark Davis to discuss specific needs, attached is a copy of his
recommendations and budget based on the scope of the event. In
addition, the Community Policing division will be utilized on two golf carts,
patrolling the sand dunes on the AIA side and for general information and
directions.
In addition, I have requested crowd control, gate control, stage and artist
security to be provided by Navarro Security Group, in coordination with
the Delray Beach Police Department. This will be a similar security
partnership as was staged during the concerts at the Tennis Center last
Spring.
Fire Rescue:
I have discussed the scope of this event with Assistant Fire Chief, John
Tomazewski, and attached is his recommendation and budget for two
teams of paramedics and a command supervisor.
Life Guards:
I have met with and walked the site with Rich Connell, Life Guard
Supervisor, who has recommended that swimming will not be allowed,
and boats will not be allowed to beach during the timeframe of this
event. Boats will be kept at a 1/4 mile distance, enforced by two wave
runners and a police marine patrol craft with buoys identifying the
restricted area. A total of ten life guards will be used to man the towers
as well as four all-terrain vehicles that will be used to patrol the concert
area, with specific attention paid to the dunes on the beach side.
As Director of the Miami Metrozoo for over ten years, I developed the
sensitivity needed for the protection of the sea turtle nests at this time. I
will schedule a meeting with John Walker, city environmentalist, to ensure
that this event will be as environmentally secure as possible.
Total manpower by category will be:
Police Officers - 33
Community Policing - 8
Navarro Security - 12
Fire Rescue - 5
Life Guards - 10
Marine Patrol- 3
5. Request for use of streets / barricades: We are NOT requesting
any street closures, however some barricades will need to be used to
direct traffic in specified locations. I will schedule a meeting with Robbie
Pentz, Traffic Director, in order to determine these specific needs.
A recommended parking plan will be as follows -The use of the parking at
the Tennis Center, Community Center, City Hall, County Courthouse,
Cason Methodist Church, CRA parking lots, public lots and off street
parking. (see the attached downtown map ). Sunset Productions and
Paragon Events will provide between four and six trolleys to be utilized as
people movers to and from the beach during the event, locations
recommended by the Police Department to include:
County Court House
City Hall
Old School Square
Cason Methodist Church
Atlantic Avenue & 4th Avenue
Atlantic Avenue & 6th Avenue
Veterans Park
All trolleys will drop off at Boston's and will pick up at the exits of the
concert area.
6. Request for city crews for cleanup and trash receptacles: We
will provide trash receptacles and have contracted with ProFest Festival
Services to provide total cleanup during and after the event, however we
would request an estimate for a city crew to garbage pickup and street
cleaning at the end of the event. Timing schedule and cost will need to be
discussed with your staff.
7. Event Timincl: The All American Band ( Beach Boys ) on the All
America City Beach will be held on Friday, July 3, from 7:00 pm to 10:00
pm. Setup time would begin on Thursday, July 2 at 6:30am. 20-25
parking spaces will be needed on A1A for the talent and equipment
vehicles, beginning July 2, at 6:30 am. Any lost revenue from these
parking meters will be reimbursed by Paragon Events and Sunset
Productions.
8. Request for Port-o-lets: Sunset Productions and Paragon Events
will provide the necessary port-o-lets, one for every 1,000 attendance of
which 1/3 will be handicapped accessible, location to be determined on
A1A. These port-o-lets will be made available to the city for use during
the July 4th Fireworks Festivities if needed.
9. Payment for city services / overtime I insurance: Sunset
Productions and Paragon Events will provide payment for all services
required of the city and other vendors, and will require all vendors to have
the appropriate insurance coverage required by the city. Sunset
Productions and Paragon Events will provide necessary liability insurance
for this event with the city listed as additional insured.
10. Request for use of city sta¢les / li~qhtinq: This event will NOT
require the use of any city stages. Staging will be provided by Sunset
Productions and will be custom designed with wind tolerance and load
bearing tolerance, commissioned from Nashville, Tenn. Sunset
Productions and Paragon Events will be providing three tower generator
security lights, to be parked on A1A to flood the event area at the end of
the concert. These lights will also be made available for the city's use
during the July 4th Fireworks Event.
All power for sound, lights and vendor booths will be provided by high
quality whisper-sound portable generators as used in other concerts for
similar events ( Philharmonic and Pavarotti Concerts in Miami Beach ).
11. Siqna¢le requests: We would request a waiver of the event
signage timing be lifted in order for the event signs to be in place 2-3
weeks prior to the event. We would also request that these signs be
made by the city sign shop, at the expense of Sunset Productions and
Paragon Events.
Mr. Harden, it is our intention that this All America Band in the All America
City event be a win-win for all involved. In the anticipation of being
redesignated for the All America City Award at the end of June, this event
will compliment the already scheduled activities during this weekend. Our
plans are to donate to the following projects: Fireworks Expense, Police
Educational Fund, Life Guard Competition Fund, Fire Rescue Training
Program and the Parks and Recreation Capital Fund out of the proceeds
of this event.
Please let us know when the City Commission Meeting agenda for this
event will be determined. Two weeks prior to this event, you will receive a
detailed timeline of activities, as you received for the concerts in the
Tennis Center, outlining areas of accountability.
Ticket sales will be limited to 15,000 at $20.00 each, making this an
affordable show for the entire community.
In advance, thank you for your cooperation and guidance.
Best Regards, I~ ~ ~~'
Joseph E. Ferrer, President Renee Christiansen,President
Sunset Productions Paragon Events
SUNSET PRODUCTIONS, INC.
Joseph F. Ferret
President
April 2, 1998
Mr. David T. Harden, City Manager
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FI. 33444
Re: Waiver for Amplified Music
Dear Mr. Harden:
Sunset Productions and Paragon Events are requesting a waiver of
amplified music, per City Code 99.06 ( c ) for July 3, 1998, from 5:00 PM
to 10:00 PM. The Beach Boy Concert will be held at the Delray Beach
Public Beach between Life Guard towers #3 and #5, the sand dunes and
the ocean.
Your consideration of this request is appreciated.
Joseph E. Ferrer. President Renee D. Christiansen, President
Sunset Productions Paragon Events
1420 North Swinton Avenue · Delray Beach, FL 33444
Telephone (561) 276-8085 Fax (561) 276-8740
AMERICA'S BAND
BEACH BOYS
Project Information
Name: Sunset Prodouction
Address: 1420 North Swinton Ave.
Delray Beach, Florida 33444
Paragon Events
352 North East 3rd Ave.
Delray Beach, Florida 33444
Updated 4-2-98
Executive Co-Producers Joseph E. Ferrer (561) 276-8085
Sunset Productions (561) 315-2800 Mobile
Renee D. Christiansen (561) 243-3073
Paragon Events (561) 289-0160 Mobile
Exec. Administrator Debra Divine (561) 243-3073
Stage Production Mgr. Chris Henry (954) 570-7055
Sound, Lights, Staging David Imber/Show-Pro (954) 426-1188
Talent Coordinator Kathie Babin (561) 624-4706
Phone Ticket Agency Nancy Goral (561) 470-1924
Bravo Ticket Sales (800) 322-9477
Publicist Stephanie Murphy (561) 392-1453
Parks Management Joseph Weldon (561) 243-7251
Delray Beach Police Lt. Mark Davis (561) 243-7885
D. Beach Fire & Rescue John Tomaszewski (561) 243-7400
Site & Artist Security Navarro Security Group (800) 428-1927
Jeff MacGregor (954) 705-3285 Beeper
Catering Dakotah 624
Michelle Waterhouse (561) 274-6244
Ushers & Tickets Lyn-et Services (561) 967-0226
Lynn Sutton
Grounds/Cleaning Pro-Fest (954) 561-2666
Mitch Gross
ViA FACSIMILE
Page 1 of 1
March 18, 1998
Mr. Joe Ferrer
Sunset Productions
1420 North Swinton Avenue
Delray Beach, Florida 33444
Dear Joe:
It was good to hear from you again. I'm excited about the opportunity of providing
you with event security for the Beach Boys concert July 3rd on Delray Beach. The
following represents your needs and our costs to you for eleven (11) Event Security
Officers and one (1) Security Director...
July 3rd, Bpm - 11pm, on Delray Beach
Perform crowd control, access control, stage control, and celebrity security
~1495.00 (plus 6% tax)
Add $1g,g5 per hour for each additional Event Security Officer (plus 6% tax)
Any personnel additions or subtractions must be done at least 48 hours prior
to the event
Total payment due at the conclusion of event
I look forward to meeting with you and ironing out the specifics when you return.
Thanks again for placing your trust in us.
Hurley
Director, Sales and Marketing
cc: Sheriff Nick Navarro,
~4~7==1 CITY OF DELRAV EEACH PAGE 01
~2/1~]/1996 14:35 561~.o ~
SUNSET PRODUCTIONS, INC.
Joseph E. Ferret
President
April 2, 1998
Mr. David Harden
City Manager
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
Dear Mr. Harden:
Enclosed for your review and for presentation to the city commissioners is
a proposal to bring the All American Band ( Beach Boys ) to the All
America Beach on Friday, July 3, 1998, to be co-produced and presented
by Paragon Events and Sunset Productions, Delray Beach.
1. Detail description of the boundaries of the event site:
The site requested for this event will be from lifeguard station S~3
( Miramar Drive ) on the north, to life guard station S~5 ( Bay Street) on
the south; the east and west boundaries will be the ocean on the east and
A1A on the west. In addition, Sandoway and Anchor Parks and their
public parking spaces are being requested in order to accommodate ViP
and sponsor pre-concert receptions. These locations have been
tentatively discussed with Mr. Joseph Weldon, Director Parks &
Recreation Department.
2. Letter requesting waiver to permit alcoholic beverage
consumption on City streets: This production is NOT requesting a
waiver to permit alcoholic beverage consumption on city streets or on the
beach.
3. Letter requesting waiver of noise ordinance for music: Letter
attached. Please note that the stage for this event will be facing north,
with the sound being projected toward the commercial district of Atlantic
Avenue. Also, note that winds traditionally come from the southeast
1420 Nodh Swinton Avenue ~ Deiray Beach, FL 33444
Telephone (561) 276-8085 Fax (561) 276-8740
during this time of the summer, reinforcing the sound traveling that same
direction.
4. Request for Police and Fire Rescue and Life Guard Personnel:
Police:
We are requesting the use of Delray Beach Police officers for traffic
control and patron security during this event. I have already met with Lt.
Mark Davis to discuss specific needs, attached is a copy of his
recommendations and budget based on the scope of the event. In
addition, the Community Policing division will be utilized on two golf carts,
patrolling the sand dunes on the A1A side and for general information and
directions.
In addition, I have requested crowd control, gate control, stage and artist
security to be provided by Navarro Security Group, in coordination with
the Delray Beach Police Department. This will be a similar security
partnership as was staged during the concerts at the Tennis Center last
Spring.
Fire Rescue:
I have discussed the scope of this event with Assistant Fire Chief, John
Tomazewski, and attached is his recommendation and budget for two
teams of paramedics and a command supervisor.
Life Guards:
I have met with and walked the site with Rich Connell, Life Guard
Supervisor, who has recommended that swirnmincl will not be allowed,
and boats will not be allowed to beach during the timeframe of this
event. Boats will be kept at a 1/4 mile distance, enforced by two wave
runners and a police marine patrol craft with buoys identifying the
restricted area. A total of ten life guards will be used to man the towers
as well as four all-terrain vehicles that will be used to patrol the concert
area, with specific attention paid to the dunes on the beach side.
As Director of the Miami Metrozoo for over ten years, I developed the
sensitivity needed for the protection of the sea turtle nests at this time. I
will schedule a meeting with John Walker, city environmentalist, to ensure
that this event will be as environmentally secure as possible.
Total manpower by category will be:
Police Officers- 33
Community Policing ~ 8
Navarro Security - 12
Fire Rescue - 5
Life Guards - 10
Marine Patrol - 3
5. Request for use of streets / barricades: We are NOT requesting
any street closures, however some barricades will need to be used to
direct traffic in specified locations. I will schedule a meeting with Robbie
Pentz, Traffic Director, in order to determine these specific needs.
A recommended parking plan will be as follows -The use of the parking at
the Tennis Center, Community Center, City Hall, County Courthouse,
Cason Methodist Church, CRA parking lots, public lots and off street
parking. (see the attached downtown map ). Sunset Productions and
Paragon Events will provide between four and six trolleys to be utilized as
people movers to and from the beach during the event, locations
recommended by the Police Department to include:
County Court House
City Hall
Old School Square
Cason Methodist Church
Atlantic Avenue & 4th Avenue
Atlantic Avenue & 6th Avenue
Veterans Park
All trolleys will drop off at Boston's and will pick up at the exits of the
concert area.
6. Request for city crews for cleanup and trash receptacles: We
will provide trash receptacles and have contracted with ProFest Festival
Services to provide total cleanup during and after the event, however we
would request an estimate for a city crew to garbage pickup and street
cleaning at the end of the event. Timing schedule and cost will need to be
discussed with your staff.
7. Event Timing: The All American Band ( Beach Boys ) on the All
America City Beach will be held on Friday, July 3, from 7:00 pm to 10:00
pm. Setup time would begin on Thursday, July 2 at 6:30am. 20-25
parking spaces will be needed on A1A for the talent and equipment
vehicles, beginning July 2, at 6:30 am. Any lost revenue from these
parking meters will be reimbursed by Paragon Events and Sunset
Productions.
8. Request for Port-o-lets: Sunset Productions and Paragon Events
will provide the necessary port-o-lets, one for every 1,000 attendance of
which 1/3 will be handicapped accessible, location to be determined on
A1A. These port-o-lets will be made available to the city for use during
the July 4th Fireworks Festivities if needed.
9. Payment for city services / overtime / insurance: Sunset
Productions and Paragon Events will provide payment for all services
required of the city and other vendors, and will require all vendors to have
the appropriate insurance coverage required by the city. Sunset
Productions and Paragon Events will provide necessary liability insurance
for this event with the city listed as additional insured.
10. Request for use of city stages / lighting: This event will NOT
require the use of any city stages. Staging will be provided by Sunset
Productions and will be custom designed with wind tolerance and load
bearing tolerance, commissioned from Nashville, Tenn. Sunset
Productions and Paragon Events will be providing three tower generator
security lights, to be parked on A1A to flood the event area at the end of
the concert. These lights will also be made available for the city's use
during the July 4th Fireworks Event.
All power for sound, lights and vendor booths will be provided by high
quality whisper-sound portable generators as used in other concerts for
similar events ( Philharmonic and Pavarotti Concerts in Miami Beach ).
11. Si~na¢le requests: We would request a waiver of the event
signage timing be lifted in order for the event signs to be in place 2-3
weeks prior to the event. We would also request that these signs be
made by the city sign shop, at the expense of Sunset Productions and
Paragon Events.
Mr. Harden, it is our intention that this All America Band in the All America
City event be a win-win for all involved. In the anticipation of being
redesignated for the All America City Award at the end of June, this event
will compliment the already scheduled activities during this weekend. Our
plans are to donate to the following projects: Fireworks Expense, Police
Educational Fund, Life Guard Competition Fund, Fire Rescue Training
Program and the Parks and Recreation Capital Fund out of the proceeds
of this event.
Please let us know when the City Commission Meeting agenda for this
event will be determined. Two weeks prior to this event, you will receive a
detailed timeline of activities, as you received for the concerts in the
Tennis Center, outlining areas of accountability.
Ticket sales will be limited to 15,000 at $20.00 each, making this an
affordable show for the entire community.
In advance, thank you for your cooperation and guidance.
Best Regards, -~ ,
Joseph E. Ferrer, President Renee Christiansen, President
Sunset Productions Paragon Events
SUNSET PRODUCTIONS, INC.
Joseph E. Fen'er
President
April 2, 1998
Mr. David T. Harden, City Manager
City of Delray Beach
100 NW 1 st Avenue
Delray Beach, FI. 33444
Re: Waiver for Amplified Music
Dear Mr. Harden:
Sunset Productions and Paragon Events are requesting a waiver of
amplified music, per City Code 99.06 ( c ) for July 3, 1998, from 5:00 PM
to 10:00 PM. The Beach Boy Concert will be held at the Delray Beach
Public Beach between Life Guard towers #3 and #5, the sand dunes and
the ocean.
Your consideration of this request is appreciated.
Joseph E. Ferrer. President Renee D. Christiansen, President
Sunset Productions Paragon Events
1420 North Swinton Avenue · Deiray Beach, FL 33444
Telephone (561) 27b-8085 Fax (561) 276-8740
AMERICA'S BAND
BEACH BOYS
Project Information
Name: Sunset Prodouction
Address: 1420 North Swinton Ave.
Delray Beach, Florida 33444
Paragon Events
352 North East 3rd Ave.
Delray Beach, Florida 33444
Updated 4-2-98
Executive Co-Producers Joseph E. Ferrer (561) 276-8085
Sunset Productions (561) 315-2800 Mobile
Renee D. Clmstiansen (561) 243-3073
Paragon Events (561) 289-0160 Mobile
Exec. Administrator Debra Divine (561) 243-3073
Stage Production Mgr. Chris Henry (954) 570-7055
Sound, Lights, Staging David Imber/Show-Pro (954) 426-1188
Talent Coordinator Kathie Babin (561) 624-4706
Phone Ticket Agency Nancy Goral (561) 470-1924
Bravo Ticket Sales (800) 322-9477
Publicist Stephanie Murphy (561) 392-1453
Parks Management Joseph Weldon (561) 243-7251
Delray Beach Police Lt. Mark Davis (561) 243-7885
D. Beach Fire & Rescue John Tomaszewski (56l) 243-7400
Site & Artist Security Navarro Security Group (800) 428-1927
Jeff MacGregor (954) 705-3285 Beeper
Catering Dakotah 624
Michelle Waterhouse (561) 274-6244
Ushers & Tickets Lyn-et Services (561) 967-0226
Lynn Sutton
Grounds/Cleaning Pro-Fest (954) 561-2666
Mitch Gross
[lTV OF DELRFIV BEFICH
FIRE DEPARTMENT ~E~,~,~G DEL~AY BEACH ,, GULFSTREAM * HIGHLAND BEACH
DELRAY BFACH
~ March 10, 1998
lll,lmeri~a City
1420 N. Swinton Avenue
Delray Beach, FL 33444
Dear Mr. Ferrer:
Itemized below is a statement of cost for EMS coverage at the proposed July 3, Beach Boys
Concert at the municipal beach as discussed on the telephone on March 9, 1998. It is my
understanding that the Delray Beach Fire Department will be providing Advanced Life Support
service and one (1) Command Staff person for approximately 15,000 patrons and that ten (10)
Lifeguard/EMTs will also be used to staff this event.
COST FOR EMERGENCY MEDICAL SERVICE
Dates of Event: July 3, 1998
Time of Coverage: 4:00 p.m. - 11:00 p.m. (7 hours)
Service Level: Four (4) Paramedics providing on-site Advanced Life Support and
One (1) Command Staff
OT Cost: $30.00 per hour
Formula: Hours of coverage X Number of personnel X OT rate = Total Cost
Total Cost: 7 X 5 X $30.00 = $1,050.00
If you have any questions or need further information, please call me at (561) 243-7412.
Sincerely,
John Tomaszewski
Assistant Fire Chief
cc: Robert Rehr, Fire Chief
FIRE DEP&RTMENT HEADQUARTERS · 507 WEST AT~'~NTIC AVENUE · DELRAY BEACH, FLORIDA 33444
'r561) 24:3-74d0 · SUNCOM 928-7400 · FAX (561) 243-7461
/', ',.t:.~.,~ :;,~ ?ec,,c;ed ,"~ ~per
94,02:9S ~9::'~3 FAX $61 240 7518 DELRAY BEACH POLICE DEPT [~001
TO: Robert A. Barcinski
Assistant City Manager
FROM: Lieutenant Mark Davis
Special Operations, District 1 t
DATE,: Mar~h 5, 1995
SUB.I'ECT: COST ESTIMATE (Beach Boys Concert ?/$/98)
I. Labor
a) Regular Time
8 hours x 30.21 x .3 benefit multiplier $314.18
b) Overtime
110.05 hours x 33.00 x .3 benefit multiplier , .$4:740.45 ,,
c) Other
Fuel / Water $200.00
d) Volunteers hours
Total hours x average hourly rate x .3 benefit multiplier None
Total Total Total Total
Regular. Hours Overtime Hours Other_Hours Volunteer Hours
8 110.5 0 12
Note: This estimate is very preliminary in nature and is predicated on private
security controlling reside the venue.
MD:haw
Major Schroeder
Captain Oillard
Captain Phillips
ViA FACSIMILE
Page 1 of 1
/ou again. I'm excited about the opportunitv of providing
,r the Beach Boys concert July 3rd on Delray Beach. The
needs and our costs to you for eleven (1 1) Event Security
· ity Director...
~m, on Delray Beach
;roi, access control, stage control, and celebrity security
tax)
zr for each additional Event Security Officer (plus 6% tax)
:ions or subtractions must be done at least 48 hours prior
tt the conclusion of event
with you and ironing out the specifics when you return.
our trust in us.
ing
(Ret.)
12/!@/1SSS 1~:35~ 5blz4~7~i CITY OF DELRAY ~CH PAGE 01
£1T¥ OF DELRI:I¥ BER£H
DELRAY BEACH
~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
Ail-America City
1993 TO: David T. Harden
City Manager
FROM: ~,~Robert A. Barcinski
Assistant City Manager
DATE: April 8, 1998
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING APRIL 14, 1998
SPECIAL EVENT REQUEST - SIGN WAIVER
ACTION
City Commission is requested to waive L.D.R.'s Section 4.6.7 (D)(3)(j)(ii) to allow
signage to be placed in medians for Foto Funfest '98 more than one week prior
to the event.
BACKGROUND
Palm Beach Photographic Centre will be conducting Foto FunFest '98 at their
site on May 9, 1998. I have been requested to prepare four (4) event signs and
place them in the medians prior to the Delray Affair. I have notified Palm Beach
Photographic that we can make the signs, but they will have to pay for the cost
of materials of approximately $150.00. They have requested that the signs be
put up more than one week in advance of the event.
RECOMMENDATION
Staff recommends approval of Palm Beach Photographic's request to waive
L.D.R.'s Section 4.6.7 (D)(3)(j)(ii) to allow event signs to be placed in medians
more than one week prior to the event. Signs would be completed and set up
prior to the Delray Affair.
RAB/tas
File:u :sweeney/agenda
Doc:04088a.doc
THE EFFORT ALWAYS MATTERS
RECEIVED
APR 0 3 1998
PHoTOGRAP~ CITY MANAGER
C' E' N'T- IK'E
M,ss~ON SmEMENV: April 3, 1998
A nonprofit visual arts
organization dedicated to the
education and preservation
of the art of photography
and digital imaging
Bob Barcinski
/30AR0 OF D~RECTmS: City of Delray Beach
lay Alperin
Fred Frankel 100 N.W. 1st Avenue
Jan McVay Delray Beach, FL 3344d
Marjorie Margolis
Trudi Mitchell
Arthur NeJame Via Facsimile: 56]-243-7166
Fatima NeJame
Jim Norman
Floyd Segel SUB J: Waiver from City Commission -for FOTOFunfest'98
Sandy Simon
Arthur Steinman
Ken Walters Dear Bob:
MUSEUM & GALLERY:
World-Class Exhibitions As promised, enclosed is a disk and hard copy of the FOTOFunfest' 98 signs.
Open Year-Round
CULTURAL SUPPORT GROUP] Please accept this letter as a request for a waiver from the City Commission to
reFOCUS have the signs for FOTOFunfest (to be held on May 9th) placed in the medians on
PROGRAMS: or before Thursday, April 16th, so that the community attending Delray Affair has
Photography Workshops a chance to see the information and attend the community-family program that we
Digital Imagin9 Workshops
are presenting.
FOTOCamp for Kids
Family FOTOVacation
FOTOBasics I will follow up with you tomorrow, Thank you in advance for all your help and
project I See support for our community outreach programs.
FOTOExpose
FOTOFun Tours
FOTOInsights Sincerely,
FOTOFdends
Arts-in-Communities PALM BEA~CH PHOTOGRAPHIC CENTRE
/
ANNUAL FESTIVALS: '~'" ~ ' L~/,-,
FOTODelrayFOTOFusi°n ~~___~
FOTOFunfest
Vickie A. Rehberg
Director of Development ~
55 NORTHEAST 2. ND AVENUE CC: Hoyt Owens, Deputy Director Public Works
DELRAY [3EACH, FL 33444 Fatima NeJame, Executive Director - PBPC
561.276.9797
FAx: 561.276.1932
WWW,WORKSHOP.ORG
E-MAIL:
PBDHOTO~GATE.NET
CITY DF DELRgY BEI:I£H
DELRAY BEACH Writer's Direct Line: 561/243-7091
Ali. America City
MEMORANDUM
9, 1998
1993
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Tate Lawsuit - Settlement Proposal
The purpose of this memorandum is to obtain City Commission approval for a joint offer
of settlement with the Lake Worth Drainage District (LWDD) as contained in the
attached agreement.
The recommended terms of the offer would require payment by the City of $250,000.00.
LWDD will pay an amount agreed to by the LWDD. The City and LWDD would make
a joint offer of settlement. The recommended offer includes all attorney's fees and costs
and is subject to obtaining appropriate mutual releases. The offer would remain open for
thirty days. The joint offer of settlement would require the entry of an order dismissing
the case against the City and LWDD with prejudice, and require the relinquishment of
all appellate rights. Mr. Tate shall retain ownership of the property. The agreement
attached to this memo is currently being reviewed by the Lake Worth Drainage District.
By copy of this memorandum to David Harden, our office requests that this agreement
constituting a joint offer of settlement be placed on the special meeting portion of the
agenda for April 14, 1998.
Please call if you have any questions.
Attachment
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
William P. Doney, Esq.
Mark Perry, Esq.
Bill Winters
rate.sar
DFLRAY BI:ACH WRITER'S DIRECT LINE 561/243-7091
lll.lm~ica City
'llll
1993
Mark Perry, Esq. William G. Winters
Perry and Schone, P.A. Lake Worth Drainage District
50 S.E. 4th Avenue 13081 Military Trail
Delray Beach, FL 33444 Delray Beach, FL 33484
Subject: Proposed Agreement - Tate
Dear Mark and Bill:
As we discussed, I have prepared a settlement agreemem that I intend to place on the
City Commission agenda for April 14, 1998. Please review as soon as possible so that I
can include your suggestions, if any, for changes. Thanks.
Sincerely,
OFFICE OF THE CITY ATTORNEY
CIT~-~I~I .RAY P~ H, FLORIDA
SAR:sink
Attachment
cc: Mayor Jay Alperin
tate. sar
P,en:e~ en Rec/c!ed Paper
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT ("Agreement") is made and entered into this
~ day of April, 1998, by and between STANLEY G. TATE, as Trustee CTATE"), the
CITY OF DELRAY BEACH, a Florida municipal corporation, ("CITY"), and the LAKE
WORTH DRAINAGE DISTRICT, a Special Taxing District of the State of Florida,
("DISTRICT").
WITNESSETH:
WHEREAS, the parties hereto are currently involved in litigation in the case styled
~tanley G. Tate. as Trustee v. City of Delray Beach and The Lake Worth Drainag~ District,
Case No. 93-5198 AI ("Lawsuit") concerning the alleged denial of access to property
described in Exhibit "A" attached hereto CTate Property"); and
WHEREAS, the parties desire to settle the lawsuit by entering into this agreement in
order to avoid the time and expense incurred in litigation: and
WHEREAS, this settlement agreement will resolve the differences between the parties.
NOW THEREFORE, for good and valuable consideration, the parties agree as
follows:
1. That CITY shall pay to TATE the total sum of Two Hundred Fifty Thousand
and 00/100 dollars ($250,000.00).
2. That DISTRICT shall pay to TATE the total sum of
($ ).
3. That in consideration of the payment of the amounts stated in paragraphs one
and two of this Agreement, TATE, or counsel on TATE's behalf, shall dismiss the lawsuit by
filing a notice of voluntary dismissal with prejudice with the court, vacate the final judgment
dated October 17, 1996, and relinquish all appellate rights.
4. That TATE shall retain ownership of the Tate Property.
5. That in return for the consideration stated in this agreement each party, its
respective agents, employees, successors, heirs and assigns, shall hold each other harmless and
release each other from any and all manner of action and actions, cause and causes of action,
suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants,
contracts, controversies, agreements, promises, variances, trespasses, damages, judgments,
extent, executions, claims and demands whatsoever, in law or in equity, which TATE, CITY,
or DISTRICT ever had, now have or which it hereafter can, shall or may have, for, upon or
by reason of any matter, cause of thing whatsoever, from the beginning of the world to the day
of this date of these presents, upon or by reason of all facts and circumstances arising out of
the dispute regarding alleged close of access onto Davis Road in the city of Delray Beach,
Palm Beach County, Florida, which is more particularly described as all facts and
circumstances giving rise to the allegations contained within the Lawsuit, including any taxes
which may be due or owed for the Tate Property.
6. That it is understood and agreed by the parties hereto that payment of the sum
mentioned herein is made in compromise of a disputed claim and shall not be construed as an
admission of liability by the CITY or DISTRICT or any other person, association or
corporation which is or might be claimed to be jointly and/or severally liable to TATE as a
result of the occurrence. It is further understood that this Agreement expresses a full and
complete settlement of a liability claimed and denied, and regardless of the adequacy or
inadequacy of the amount paid it is intended by TATE, CITY, and DISTRICT to be an
amount paid to avoid litigation and to be a full and final and complete settlement arising out of
the lawsuit including all costs and attorney's fees or any other claim arising out of the payment
of property taxes or the ownership of the Tate property whatsoever.
7. That the parties hereto warrant that no promise or inducement has been made or
offered to any party except as set forth herein; that this agreement is executed without reliance
on any statement or representation of any party hereto or any agent or representative of the
parties as to the nature or extent of any lasses, injuries, or damages, or the legal liability
therefor.
8. That the parties hereto state that they have had the opportunity to review this
Agreement with their respective attorney, and that there are no other agreements,
understandings, or reservations not expressly stated herein.
9. That the rights and obligations created by this Agreement shall inure to the
benefit of, and be binding upon the parties, their successors and assigns.
10. That this Agreement shall be construed and enforced according to the laws of
the Sate of Florida and venue of all proceedings shall be in Palm Beach County, Florida.
11. That this Agreement shall be null and void unless executed by all parties to this
Agreement by May 15, 1998.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first written above.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Mayor Jay Alperin, D.D.S.
Approved as to Form: (SEAL)
City Attorney
WITNESSES: STANLEY G. TATE, as Trustee
By:
Stanley G. Tate, Trustee
(Type or Print Name)
(Type or Print Name)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 1998, by who is
personally known to me or has produced as identification.
Signature of Notary Public - State of
Florida
4
WITNESSES: LAKE WORTH DRAINAGE DISTRICT
By:
Title:
(Type or Print Name)
(Type or Print Name)
ATTEST: APPROVED AS TO FORM:
Secretary Attorney
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 1998, 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 Notary Public - State of
Florida
tateset.agt
Agenda Item- No.: ~) · /
AGENDA REQUEST
Date: April 2, 1998
Request to be placed on:
Regular Agenda
Special Agenda
~ Workshop Agenda When: April 14, 1_998
Description of' item (who, what, where, how much): The 'Fire Dept. proposes
to upgrade and revise the City of Delray Beach Code of Ordinances~ Chapter 96~ Fire
Safety & EmerKency Services; Sections 96.15~ 96.16~' 96.17~ 96.46. The reuuest is to
discuss the prODosal with the City Commission in a work,hQ9 session and tn discuss
the recommendations frnm thm H'i~'h Rise F4re Safetv Task Team ~.~t~h]4~h~d. hv
Safety Co. de lOl_Section 197£3.5.6.
(Examp-e: -Request from Atlantic High School for $2,000 to fund
project graduation)..
ORDINANCE/'-RESOLUTION REQUIRED: YES~ Draft Attached: YES/NO
Recommendation: Direct staff to develop an ordinance to upgrade & revise the City
of Delray Beach Code of Ordinances; Chapter 96: Fire Safety & Emergency Service~',
Sections _96,12, 96.16. 96.17 & 96,46 wi~h apprQpri~¢ options.
(Example: RecOmmend. approval with funding from Special Events AccOunt
No. 001-3333-555-44.55)..: ~~~
Department Hea~ Signature:
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:
~pprovedHold Until: for agenda: ~/ NO ~
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
[lTV OF DELRI:I¥ BEI1[H
FIRE DEPARTMENT SERVING DELRAY BEACH · GULFSTREAM · HIGH AND BEACH
DELRAY BEACH
AII.Amedca City M E M O R A N D U M
'tll~ TO: DAVID T. HARDEN, CITY MANAGER 1993 FROM: ROBERT B. REHR, FIRE CHIEF
DATE: APRIL 9, 1998
SUBJECT: FIRE CODE REVISION
CITY COMMISSION WORKSHOP - APRIL 14, 1998
In 1997, the Fire Department proposed to the City Commission to update the Fire
Prevention Codes in the City of Delray Beach Code of Ordinance, Chapter 96: Fire Safety
and Emergency Services, Sections 96.15, 96.16. 96.17 & 96.47. Many of the NFPA codes
and standards adopted by the City date back to 1986. Most of these codes are not
consistent with the uniform standards mandated by the State of Florida for specific
occupancies.
In review of the proposed updates, the Fire Department identified a code change
that would have significant impact on the residential high-rise buildings The proposed
code would require the retro-fit of sprinklers for existing high-rise buildings. Thus the Fire
Department recommended to the City Commission to establish a Task Force to examine
the impact of the code change on the occupants and the buildings that may be affected.
Resolution 57-97 established the High-rise Fire Safety Task Team as an advisory
body to examine the impacts, formulate ideas and make recommendations with respect to
the fire protection sprinklers in high-rise buildings, including costs to retro-fit and
adequate time schedules for compliance.
Since established, the Task Force met several times in pursuit of their mission. The
final recommendation by the Task Force is to adopt the 1994, NFPA 101 Life Safety Code
with the exception of Section 19-3.5.6, which mandates sprinklers in existing buildings.
I respect and appreciate the recommendation from the Task Force but the concerns
that I expressed to the City Commission last year still remain. The concerns that high-rise
buildings present is the limited ability to provide a rapid interior fire attack, reduces rapid
evacuation of the occupants and access to the buildings with aerial ladders is limited
usually to just one side.
FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE- DELRAY BEACH, FLORIDA 33444
(561} 243-7400 · SUNCOM 928-7400 · FAX (561) 243-7461 ~.~ /
Printed on Recycled Paper ,
Page - 2 -
Memo - April 9, 1998
Fire Code Revision
According to the National Fire Protection Association (NFPA) data most high-rise
fires occur in apartment buildings, which is not a surprise as over 80% of all fires occur
within dwellings. One of every twelve (12) apartment fires reported occurred in high-rise
buildings.
Based upon loss statistics, the NFPA 101 Life Safety Code, a nationally recognized
standard for safety to life in buildings, has required existing high-rise apartment buildings
to be equipped with automatic fire sprinklers or an engineered life safety system since 1991.
The value of sprinklers is clear in a NFPA statistical analysis of loss-per-fire
averages for this same period. For high-rise buildings, automatic sprinklers is associated
with a reduction of at least 71 percent in the rate of deaths per 1,000 fires for each
property_ class and at least 42 percent in the average dollar loss per fire of each property_
class,
The responsibility for fire safety in these buildings rests not with the codes or the
fire department, it rests with the residents. They are the ones who must maintain a fire
safe living environment and must demand safety upgrades to their buildings. The
upgrades may not be without inconvenience or cost, but doing nothing, is gambling that a
fire will not break out.
Staff recommendation is that the proposed update to the Fire Prevention Code in
the City of Delray Beach Code of Ordinance, Chapter 96, be adopted. The City
Commission may want to consider one of three options for the 1994 NFPA 101 Life Safety
Code, Section 19-3.5.6 which mandates sprinklers in existing buildings or engineered life
safety systems.
OPTION 1: Section 19-3.5.6 of the 101 Life Safety Code, 1994 Edition, as recommended
by the National Fire Protection Association and adopted and incorporated into Section
96.16 above is hereby amended as follows:
"Buildings effected by this section shall have five (5) years from the effective date of
adoption to acquire necessary_ permits and begin construction with completion not to
exceed seven (7) years from the effective date of adoption of this Code."
OPTION 2: Section 19-3.5.6 of the 101 Life Safety Code, 1994 Edition, as recommended
by the National Fire Protection Association and incorporated by reference into this chapter
in Section 96.16 above, which requires high rise buildings be protected throughout by an
approved, supervised automatic sprinkler system or engineered life safety system, is hereby
deleted.
(As recommended by the High Rise Safety Task Team majority vote.)
Page - 3 -
Memo - April 9, 1998
Fire Code Revision
In the Task Team recommendation paragraphs five and six supports a commitment
to meet alternative safeguards in the quickest possible time frame in cooperation with the
Delray Beach Fire Department, therefore, the following is a compromise option.
OPTION 3: Section 19-3.5.6. Exception No. 2, allows for an engineered life safety system
in lieu of the requirement to protect throughout by an approved, supervised automatic
sprinkler system. Amend Exception No. 2 and allow three years for the effected buildings
to implement the appropriate engineered life safety improvements in a manner as
described in A19-3.5.6.
Fire Chief
March 13, 1998
David Harden
City Manager
100 NW 1st Ave.
Delray Beach, FL 33444
Dear Mr. Harden:
Enclosed is the Report of the Fire Sprinkler Task Force created by the City Commission in
June 1997. As the Report relates, much time and effort has been expanded to obtain a clear
understanding of the issues. What we found was that the present Code, as well as the proposed
one, provides for alternatives to sprinklers which offer more than adequate protection to the
residents of these condominiums.
All of the buildings involved are committed, with the assistance of the Fire Department, to
meet these standards, many of which are already being observed. Only three members of the
thirteen on the Task Force did not support the Report.
We look forward to the opportunity to present this matter to the Commission. I think you
will find the reasoning of the Report to be persuasive.
Sincerely yours,
Chairman, Willl'am H." ' '~ ~
~atlmer, Jr.
cc: Barbara Garito
REPORT OF THE FIRE SPRINKLER TASK FORCE
On June 17, 1997 the Delray Beach City Commission adopted Resolution 57-97 creating a
Task Force "to examine the impacts, formulate ideas and make recommendations with respect to
the issue of fire protection sprinklers in high-rise buildings, including costs to retrofit high-rise
buildings and adequate time schedules for compliance". The Task Force has met on several
occasions and has diligently attempted to gain all possible information about the protection of the
occupants of the eleven condominiums involved. The issue of safety from fire is a vital one
shared not only by the Fire Department but also, very heavily, by the Board of Directors and
owners of these buildings.
The best place to start this report is to look at the situation as it now exists. These
buildings were built approximately 25 to 30 years ago in complete conformity with the laws at
that time. They are very similar in many respects, constructed of concrete and steel with excellent
compartmentalization. All are equipped with fire alarm systems, smoke detectors, multiple stand
pipes, fire hoses and fire extinguishers on each floor, and, by Fire Department statistics, no more
then four minutes away from a fire station
During the years that these condominiums have existed, the Fire Department has a record
of only two serious fires, both confined to one apartment with no injuries and only property
damage. Five other reports were minor with minimal losses.
The impact of requiring retrofitting these condominiums with fire sprinklers would be
drastic. In addition to the intrusion into the lives and homes of the residents, some of whom
would have to leave during the construction, there is the substantial cost of installation and
redecoration. Reliable estimates put these figures in the $4,000 to $6,000 area per apartment.
There are over 890 apartments in these buildings which translates from $4,000,000 to $5,000,000.
The reaction of the people involved has been strongly in opposition as evidenced by the petitions
signed by them. As one owner said succinctly "If it ain't broke, don't fix it!"
In our earlier meetings the Task Force was under the impression that only sprinkler
installation would be acceptable. More recently the discussion has moved to the alternatives to
sprinklers that are acceptable in the Code to assure the safety of the residents of these buildings.
An example of this type of provision is the requirement for closers on each door in a unit opening
on to a corridor. Another example is the requirement for smoke detectors in each apartment
powered not only by batteries but connected to a building power source. What we have found is
that the existing Code and the 1994 Code contain adequate safeguards for condo residents
without the installation of sprinklers. Each of these structures is inspected by the Fire Department,
and each has complied with the demands of the Department.
The Board of Directors of each of these condominiums are committed to meet every one
of these alternate safeguards in the quickest possible time framework in cooperation with the
Delray Beach Fire Department, which is to be commended for bringing these issues to public
attention. Once these standards are met, there clearly remains no need for the radical alterations
caused by sprinkler pipes and heads.
Section 1-4.4 of the 1994 Life Safety Code provides "The requirements for existing
buildings shall be permitted to be modified if their application clearly would be impractical in the
judgement of the authority having jurisdiction, but only where it is dearly evident that a
reasonable degree of safety is provided." The record of safety in these buildings clearly indicates
that sprinklers are not needed. Therefore it is recommen21ed that the 1994 Life Safety Code be
adopted with the exception of~19-3.5.6, which mandates sprinklers in Existing Buildings.
Onl~s out of thirty eight in Palm Beach County have mandated retrofit~ Boca
Raton, with many more condos that Delray, being one which has rejected the concept. This is an
idea whose appeal is emotional only and not based on history or on fact. It is not necessary and
should not be implemented.
In Favor Opposed
V.~-~ ~.~ /
4-13-1998 11:51AN FROM DELRAY LIBRARY 561 266 9757 P_ 1
DELRAY BEACH PUBLIC LIBRARY
FACSIMILE TRANSMITTAL SHEET
TO: FROM:
Cay ~ Peter Dm~ids
GOMP&N~: DATE~
Cay of~~ m/13/98
F~ ~ ~ NO. OF PAG~ ~G CO~:
24~71~
243-7010 2~9457
Please remove the Library from the Wozkslx~ Agenda It would be premature for me to
attend this month. We would appre&m being onthe May Wo&sk~ Agen~
January 9, 1998
David T. Harden, City Manager
City of Delray Beach
100 NW 1st Avenue
Delray Bbach, FL 33444
Dear Manager Harden:
As you might remember, we received at $50,000 Enhanced Connectivity
Grant from the State of Florida to assist us in providing connection to the
Interact for our library user~. We have finished our Technology Plan
illustrating how this connectivity will be achieved over the next few months.
I prepared a 15-minute presentation about our Technology Plan that I would
like to give to the Commissioners at a workshop session if you think it
would be appropriate. The presentation is informative and gives a clear
picture of where the library is going as we prepare for the 21st Century and
the Information Superhighway.
Sincerely, .
Peter Daniels, Library Director
29 Southeast Fourth Avenue · Pel~y 5each, FloriAa 35485 · (561) ~ Fax (561) 27¢2065
?.0. Box 1989
West Palm Beach, FL 33402-1989
(561) 355-2001
FAX: (561) 355-3990 March 10, 1998
http:llwww, co.palm-beach.fl.us
· Honorable Jay Alperin, Mavor
City of Delray Beach
100 N.W. First Avenue
Delray Beach, Florida 33444
Palm Beach County
Board of County ate_r ~~a
Commissioners RE: Freshw n
Burt Aaronson, Chairman Dear Mayor ~Serifl,~[~
Maude Ford Lee, Vice Chair
As you ~e aware, Palm Beach County is making great strides in improving
Karen T. Marcus the quality of the water resources within our communities. This is a
carol A. Roberts cooperative effort between local, State and Federal agencies and include
Warren H. Newell projects like Munyon Island and Peanut Island restoration, the Stormwater
Treatment Areas (STA'S) that will reduce flow to the Lagoon and the
Mary McCarty proposed Freshwater Lakes Plan.
Ken L. Foster
In order to properly explain the Freshwater Lakes Plan and discuss the
benefits and costs, I would like to request a time to meet with your
Commission to discuss same. My assistant, Sue Beaman, will contact you to
County Administrator
schedule a convenient time.
Robert Weisman, P.E.
3iliccre~',
Warren H. Newell
Board of County Commissioners
District III
WHN:bd.fwlp7
'An Equal Opportunity
Affirmative Action Employer'
~ prlnted o~ recycled paper ~/~/S ~
February 13, 1998
Department of Environmental
Resources ~ana~ement David T. Harden, City Manager
5525 Belvedere Road, Building 502 CiV of Delray Beach
West Palm Beach. FL 55406-1548 100 ~ First Avenue
(~ ~-:4oo Dekay Beach, FL 33444
F.<X: (501) 255-2414
Suncom: 274-2400 De~ Mr. H~den:
hrrp ://www co.palm-beach fi.us
S~JECT: STATE OF THE LA~S ~AGEMENT
E~CEMENT PL~
We have completed revisions to the State of the Lakes m~agement and
e~cement pl~ for the freshwater chain-of-lakes. Since one of the lakes
Palm Beach Coun~
aorta of co~ lies wit~n your municipal boundmes, enclosed is a copy of the Plan for
co~o~s your infomation. We have prepped a slide presentation to introduce this
Plan and would be happy to give this presentation for you ~d your
gurt Aaronsom Chairman
co~ission.
MauOe F~rd Lee, Vice Chair
~ · ~,~ If you have any questions or wish additional info~ation, please call me
c~o~ :x ~o~ (233-2400) or Dr. Janet Phipps of this office, 233-2443.
w~ ~ x~,~ Sincerely,
Mary McCarty
Rich~d E. Walesky, Director
County Administrator REW:jjp
Enclosure
Robert \Veisman. P.E
,4fftrmartve ,4ctton
printed on recycled
paper
Community
Redevelopment
· Agency
Delray Beach
January 5, 1998
Mr. David Harden
City Manager
100 NW 1st Avenue
Delray Beach, FL 33444
Re: Downtown Side Street Beautification
Dear Mr. Harden:
Happy New Year!
I am writing to update you on East Atlantic Avenue beautification along the Side Streets. The
CRA and the Downtown Development Authority have proposed a cooperative program to
accomplish the goals of bricking sidewalks and adding street trees and streetlights wherever
possible. The enclosed Draft document "Side Street Beautification" describes the proposed
program. The one-year pilot program allows the City of Delray Beach, the DDA and the CRA to
share the cost of these improvements with local property owners. Property owners would
respond to a Request for Proposal for improvements of approximately 125' from Atlantic
Avenue at an average cost of $200 per front foot. We would like to ask the City of Delray Beach
for a contribution of $25,000.
In addition, the CRA is also in receipt of a copy of a letter from the Pineapple Grove Mainstreet
program to you requesting assistance from the City in completing similar capital improvements
along NE 2"d Avenue. We think that this project is vital to the City and to the continued vitality
of the NE 2na Corridor and will ultimately result in increased tax revenues for us all. The request
for this project from the City is estimated at $50,000.
Thank you for your assistance with these items. We look forward to meeting with you in the
near future to review these items.
S~ -------------.
Christopher J. Brown
cc: Mike Listick, Chairman, DDA
Tom Fleming, Pineapple Grove Mainstreet
Bob Barcinski, City of Delray Beach
Downtown Side Street Beautification Program
A Project Venture Between
The City of Delray Beach
The Community Redevelopment Agency
The Downtown Development Authority
(This is a draft and has not been approved
by the respective organizations)
December 1, 1997
Downtown Side Street Beautification
Introduction & Purpose of the Program
The City of Delray Beach, over the last ten years, has beautified Atlantic Avenue in order to
accelerate downtown redevelopment. The beautification has occurred in several stages; the first
occurring in 1988 for the segment stretching from Swinton Avenue to Federal Highway. Later
phases included the area between Federal Highway and the Intracoastal Waterway (1989) and the
area between the Intracoastal Waterway and A1A (1996). The later segment was funded with
monies from the Department of Commerce under the Intermodal Surface Transportation
Enhancement Act ("ISTEA"). In 1994, the City expended monies for a small beautification project
stretching from Swinton Avenue to West 12th Avenue. The beautification was limited to
constructing a concrete brick sidewalk. The City's concentration was derived from the Decade of
Excellence Bond Issue that the voters approved in 1986. Refer to Table "A" for a summary of the
beautification projects.
In the case of East Atlantic Avenue, the beautification was a dramatic change. The overhead wires
were placed underground, new period-looking street lights installed, new trees with a coconut and
live oak tree theme installed, intersection landscape nodes created, and red brick pavers substituted
old and deteriorated sidewalks. East Atlantic Avenue paving width was narrowed and sidewalks
widened. The project has been a great success. Today pedestrians role the sidewalks in contrast to
earlier years when the automobile was emphasized. Redevelopment has resulted in a strong
pedestrian spine.
In spite of East Atlantic Avenue's success, the side streets remain quiet. Retailing is weaker than
that which is found on Atlantic Avenue. Prospective retailers show little interest in locating
anywhere but on the Avenue. This proposed program, "Side Street Beautification," will attempt to
encourage retailers and pedestrians to "turn the comer" and shop on the side streets. Because public
funding is limited at this time for a large-scale project, the side street beautification must occur in
phases and must occur jointly with property owners. The following describes the proposed program.
Partners
The program would be a partnership between the public sector and the private property owners. The
public sector contributors would include the City of Delray Beach, Delray Beach Downtown
Development Authority, and the Delray Beach Community Redevelopment Agency. The private
sector participants would be only those property owners whose adjacent street and sidewalk frontage
would be beautified. The public sector would contribute fifty percent (50%) and the property owners
fifty percent (50%).
Program Area and General Specifications
Property owners within approximately 125' north and south of East Atlantic Avenue would be
eligible for this program. The actual distance would be determined based upon the location of the
east-west alley in a particular block. Estimates indicate that the average cost will be $125-$200 per
linear foot, depending on the width of the street and sidewalk and vegetation requirements. This
translates to a typical project cost of approximately $25,000. The CRA will have loans available to
property owners to borrow funds for their participation at low interest rates.
The project elements include new street lights. In certain cases, existing Florida Power & Light
fixtures would be removed and wiring moved underground. The new street light will be the spun
concrete type used in the final phase of East Atlantic Avenue.
Landscaping would continue the theme of Atlantic avenue, coconut palms and oak trees. However,
in many instances side street sidewalks are too narrow to accommodate trees. Federal Highway is
such an example. Refer to Table "B" for a list of side streets which would be suitable for
beautification and their respective special characteristic limitations.
Sidewalks would be constructed of the "Delray" red concrete pavers, the same as that which was
installed on East Atlantic. The pattern would conform as well to the adjacent areas.
Other issued associated with side streets could be considered, such as drainage, signage, and other,
but budget limitations will confine the program to the three essential elements: lighting, landscaping,
and paving.
Selection of Side Streets by "RFP"
The lead agency in the program will be the CRA. It will, on behalf of the three public entities, issue
a Request for Proposal ("RFP") to property owners on the side streets. The public agencies may
preselect priority streets. The RFP process would seek proposals from property owners who wish
to participate in the program. The property owner would be required to fund their portion of the
beautification prior to construction. If they wish to finance their cost, they may do so under the
CRA's Subsidized Loan Program. A property owner's share will be based upon their proportionate
frontage.
Project Costs
The costs for a side street program will include both construction costs as well as "soft" costs, which
include surveying, engineering, and landscape architecture. The program will estimate the costs of
the project and will rebate any monies not expended.
Public Participation - FY 1997-98
The following summarizes the proposed level of public participation by the City, CRA, and DDA:
2
City $ 25,OOO
CRA 50,000
DDA 25,000
Total $100,000
Based upon a match of an additional $100,000 by private property owners and based upon an
estimated cost of $200 per linear foot, a total of 8 side street fronts could be accomplished.
NE 2aa Avenue Project
The CRA and Pineapple Grove Main Street are in the process of evaluating NE 2nd Avenue as a
separate project. Surveying has been completed and preliminary landscape architecture and
engineering completed. Costs are estimated in Table "C." Please note that the 2nd Avenue project
incudes drainage and a small amount of street repaving because the project calls for narrowing the
street. This project would be separate from the side street program described previously, but it is
included since preliminary cost estimates have been completed.
Table
Atlantic Avenue Beautification Projects
Segment Amount Source
Swinton to Federal $1,000,000 1987 Utility Tax Bonds (CRA)
181,717 1988 Utility Tax Bonds
366,600 1989 Utility Tax Note
161,976 1993 General Obligation Bonds
$1,710,293
Federal to Intracoastal $ 726,868 1987 Utility Tax Bonds
733,200 1989 Utility Tax Note
161,976 1993 General Obligations Bonds
$1,622,044
Intracoastal to A1A $ 14,685 1990 General Obligation Bonds
161,976 1993 General Obligation Bonds
1,052,048 General Construction Funds, ISTEA
(FYE 96)
218,159 General Construction Funds, ISTEA
$1,446,868 (FYE 97)
Swinton to 1-95 $ 293,114 1987 Utility Tax Bonds
198,058 1990 General Obligation Bonds
161,976 1993 General Obligation Bonbds
74,238 General Construction Funds (FYE 96)
92,759 General Construction Funds (FYE 96)
$ 820,143
Source: City of Delray Beach
4
Table "B"
Side Street Inventory
Approximate Property
Street Sidewalk Width Remarks Owner
NE 1st Avenue
- East Side 17' 6 add B,L,T Craige Furniture
- West Side 18' 0 already complete Old School Square
NE 2nd Avenue
- East Side Cohen & Ptnrs., Santano
- West Side Betty & Robert Beaver
NE 3rd Avenue
- East Side 7' 10 add L, brick over grass Michael Gochenour
- West Side 3' 0 long-term needs B,L FEC RR
NE 4th Avenue
- East Side 5' 2 remove W, LP, needs C Mercer Wenzel
- West Side 5' 2 brick already done by CRA David Ross
NE 5th Avenue
- East Side 6' 8 ask FP&L about LP (2) Gracey Brothers
- West Side 7' 10 remove LP, W Multiple
NE 6th Avenue
- East Side 5' 6 Bernstein, Chevron
- West Side 5' 4 remove LP, W Colony Hotel
NE 7th Avenue
- East Side 11' 10 remove W, add B,L Atlantic Plaza
- West side 14' 0 add B, L Carl DeSantis
SE 1st Avenue
- East Side 15' 4 add L,T,B GRIP Development
- West Side 6' 5 Jetport Ltd.
SE 2nd Avenue
- East Side 10' 1 Dr. Carl Shoaf& VFW
- West Side 4' 5 planter section; add L,T,B Dr. Carl Shoaf& VFW
- West Side 9' 8 to property line; add L,T,B City of Delray Beach
SE 3rd Avenue
- East Side 4' 10 add L, building zig zags SunTrust
- West Side 5' 9 parking lot needs to be SunTrust
redeveloped
Property
Approximate Owner
Remarks
Street Sidewalk Width
George Family
SE 4th Avenue 7 add L,T,B George Family
- East Side 10i, 4 replace L,B only; under-
- West Side ground W
William Mehlich
SE 5th Avenue Iff 6 add T,L,B
- East Side 5' 4 add L,B
- East Side 5' 7 add B to C of C, L, remove W Property Investments
Chamber of Commerce
- West Side
SE 6th Avenue 14' 6 add L,B, remove "border" Betty Hall
Iola Vultaggio
- East Side 6' 4 add L,B
- West Side
SE 7th Avenue 9' 10 add B,L, curb, remove LP, W Butt Handlesman
640 E. Atlantic
- East Side 5' 0 add B
- East Side 9' 0 B already partially complete,
- West Side add L,B
Burr Handlesman
SE Palm Square 9' 10 add L,B Burt Handlesman
- East Side 6' 10 add L,B
- West Side 4' 11
- West Side City of Delray Beach
5 add L Cohen & partners
Swinton Ave. NE 17' 0 add L
7'
Swinton Ave. SE
Key:
B Brick Pavers
L Street Lights
T Trees
W Wires
LP Light Poles
C Curb
6
Entrance - Pineapple Grove Way
Preliminary Cost Estimates
ITEM QUANTITY UNIT UNIT PRICE EXTENSION ENTITY
CIVIL
Remove Asphalt Pavement & Base 400 SY 3 1200
Remove Concrete Pavement 1725 SF 1 1725
Remove Signs 2 EA 100 200
Remove Trees 5 EA 200 1000
Tree Grates 4 EA 900 3600
15" RCP 160 LF 21 3360
Inlet (P-10) 1 EA 1500 1500
Relocate Jnlet 2 EA 1050 2100
Grout Existing Pipe 8 CY 75 600
Asphalt Pa~/ement Restoration 230 SY 30 6900
Concrete Sidewalk Repair 256 SF 2.5 640
Type D Curb 30 LF 10 300
Type F Curb & Gutter 260 LF 12 3120
Type S-3 Overlay (1") 510 SY 3 1530
Paver Brick 2865 SF 3 8595
Reconnect Existing Roof Drains 1 LS 500 500
(12' Pr'C)
Re-striping 1 LS 2500 2500
Maintenance of Traffic 1 LS 4000 4000
Civil Subtotal 43370 CDB
ELECTRICAL/LIGHTING
Street lighting installed 6 EA 1383 8300
In ground lighting installed 4 EA 375 1500
Service Equipment 1 UNIT 6000 6000
Conduit & Wire Trenched 1 LOT 13400 13400
Electrical/Lighting Subtotal 29200 CRA/PO
LANDSCAPE/IRRIGATION
Phoenix dact. palms "Medjool" 2 EA 4500 9000
Japanese Fern Trees 6 EA 300 1800
Annuals 400 EA 1.25 500
Zanadue, phiflidendron 72 EA 10 720
P~anting soils, mu~ch 500
Removals t 000
Irrigation 2000
Landscape/Irrigation Subtotal 15520 CRNPO
OTHER
Contingency 10210 CRA
Engineering Services 10300 CRA
Obelisks 6000 PGMS
Gateway Arch 30000 PGMS
Preliminary Surveying 5000 CRA
Qther Subtotal 61510
TOTAL ESTIMATED PROJECT BUDGET 149600
PROJECT PARTICIPATION SUMMARY
CDB 4360O
CRA 50000
PGMS 36000
Property Owners 20000
TOTAL 149600 0
Block 76 Frontage @140 I.f 71.42857
Block 84 Frontage @140 l.f 71.42857'
Pineapple Grove Main Street, Inc.
The Florida Main Street Program for Delray Beach
87 Pineapple Grove Way Delray Beach Florida 33444
November 20, 1997
David Harden, City Manager
City of Delray Beach
100 NW 1~t Ave.
Delray Beach, FL 33444
Dear Mr. Harden:
This letter transmits our request for the City's consideration of a joint funding proposal for
streetscape capital improvements running north on Pineapple Grove Way (NE 2na Avenue), from
Atlantic Avenue, a distance of approximately 125 feet. The capital improvements are currently in
the engineering stage, and preliminary cost estimates have recently been compiled, as reflected in
the enclosed materials.
BACKGROUNI)
Earlier this year, as the finishing touches were coming together on our Neighborhood
Improvement Plan for "Main Street" Pineapple Grove, the CRA recognized the importance to
the project of the area we refer to as our "southern gateway", specifically, that portion of
Pineapple Grove Way from Atlantic Avenue north to the first encountered east/west alley.
Notwithstanding the considerable property improvements to Ocean City Lumber Co., and the
CRA's investment in the Block 76 parking lot, strollers along Atlantic Avenue appear
intimidated by the unwelcoming environment of the short stretch of Pineapple Grove Way that
separates Ocean City and the parking lot from Atlantic.
As you know, realization of the vision for Pineapple Grove hinges greatly on the ability to
attract pedestrian traffic along Pineapple Grove Way. The most immediate oppommity toward
that end is the sizeable population of visitors on Atlantic Avenue. Accordingly, the CRA and
Pineapple Grove Main Street, Inc., believe that the first priority should be to "remove the
barrier" by improving the right-of-way that makes up the southern gateway, thus
complimenting the property improvements at and north of the Atlantic Avenue/Pineapple
Grove Way intersection.
PROPOSED IMPROVEMENTS
The overall emphasis of the proposal is to (1) create a more appealing environment for the
pedestrian and (2) draw the pedestrian's attention by installing visual enhancements.
To improve the pedestrian environment, the plan reflects wider sidewalks with brick paver
surface to match the existing on Atlantic, installation of landscape materials, and the addition
of decorative street lights.
The second element is accomplished by the installation to two obelisks at the northeast and
northwest comers of the intersection and the construction of an arched gateway, spanning
Pineapple Grove Way, approximately 100' north of Atlantic Avenue. A rendering of the
archway and photograph of a prototype of the obelisk are also enclosed with this letter.
We hope to begin construction of these improvements as promptly as possible atter this season
and complete the project during the summer months of 1998.
Fax (561) 279~)108 Phone (561) 279-9952
David Harden
11/20/97
Page 2
FUNDING CONSIDERATIONS
As reflected in the enclosed schedule of Preliminary Cost Estimates, the Total Estimated
Project Budget mounts to $146,600, summarized as follows:
Civil subtotal $43,370
Electrical/lighting subtotal $29,200
Landscape/irrigation subtotal $15,520
Obelisks and archway $36,000
Engineering, surveys, and contingency $25,510
Total Estimated Project Budget $149,600
Included in the 1997/98 CRA budget is the sum of $50,000, as its contribution to the costs of
electrical/lighting, landscape/irrigation, engineering, and surveying, and contingencies.
Likewise, Pineapple Grove Main Street, Inc., has in its 1997/98 budget the $36,000 estimated
cost of the obelisks and archway.
We are asking the City to contribute the sum of $43,600, which will cover the cost of the civil
work (essentially, sidewalk and street surfaces, drainage, and related). With these contributions
committed by the City, CRA, and PGMS, we can then approach the adjoining property owners
to conlribute the $20,000 balance, which could be voluntarily assessed against the properties
and paid in relatively modest annual installments (similar to the arrangements pres~tly in
place with the Banker's Row property owners).
Thank you in advance for your thoughtful consideration of this proposal. We look forward to
reviewing the project with you, and addressing any comments or questions that might arise, at
your convenience.
Very truly yours,
President
c: John Weaver
Chris Brown
Fax (561) 279-0108 Phone (561) 279.9952
Entrance - Pineapple Grove
Prelimirmry Cost EMimBtes
ITEM QUANTITY UNIT UNIT PRICE XTENSION ENTITY
CIVIL
Remove A~oh~lt Pavement & Base 400 SY 3 1200
Remove Concrete Pavement 1725 SF I 1725
Remove Signs 2 EA 100 200
Remove Trees 5 EA 200 1000
Tree Grates 4 EA 900 ~1600
15" RCP 160 LF 21 3360
Inlet (P-10) I EA 1500 1500
Relocate Inlet 2 EA 1050 2100
Grout Existing Pipe 8 CY 75 600
A~phalt Pavement Restoratio~ 230 SY 30 : 6900
Concrete Sidewalk Ref~air 256 8F 2,5 640
Type D Curb 30 L F 10 300
Type F Curb & Gutter 260 LF 12 ~ 3120
Type 8-3 Overlay (1") 510 SY 3 , 1530
Paver Bdc, k 2865 SF 3 8595
Reconnect Existing Roof Drains 1 L$ 500 500
(12' PVC)
Re-striping 1 LS 2500 2500
Maintenance of Traffic ILS 4000 4000
Civil 8ubtotaJ 43~70 CDB
ELECTRICAL/LIGHTING
8treat lighting installed 6 EA 1383 8300
tn ground lighting insCJalled 4 EA 3?5 1500
Service Equil~ment 1 UNIT 6000 6000
Conduit & Wire Trenched I LOT 13400 13400
Electrical/Lighting 8ul~total 29200 CRA/PO
LANDSCAPE/IRRIGATION
Phoenix daet. palms "Medjoo(" 2 EA 4500 9000
Japanese Fern Trees 6 EA 300 1800
Annuals 400 EA 1,25 500
Zanaclue, phillidendron 72 EA 10 720
Planting soils, mulch 500
Removals 1000
In'igation 2000
Landscape/Irrigation Sublotal t,5520 CRA/PO
OTHER
Contingency '10210 CRA
Engineering Services 10300 CRA
Obelisks 6000 PGMS
Gateway Aru"'h
PGMS
Prellminery Surveying I
5OOO CRA
Other Su~otal
TOTAL ESTIMATED PROJECT BUDGET I 149600
PROJECT PARTICIPATION SUMMARY
CDB 1436O0
CRA I 5o0oo
PGM$ i 36000
Property Owners I 20000
TOTAL I 149600 0
Block 76 Frontage ~140 I.f ?~1.42857
al<x:k 84 Frontage ~140 i.f ~1.42857
Rendering of the arched gateway depicted at the intersection of Pineapple Grove Way and NE
44 Street/Lake Ida Road (proposed for installation at a future date). The same archway is
proposed for the south end of Pineapple Grove Way as described in the letter of 11/20/97.
Pictured at left is a prototype of the obelisk
proposed for installation at the northeast and
northwest comers of the Pineapple Grove Way
intersection with Atlantic Avenue. Field
inspection of the site suggests that the obelisks
can be located on the sidewalk, where they are
clearing visible to pedestrians and passing
motorists, without obstructing pedestrian traffic.
Community
Redevelopment
Agency
Delray Beach
MEMORANDUM ,
DATE: April 3, 1998
TO: David T. Harden, City Manager
City of Delray Beach
. ,~-I'"'-
FROM: Shelley Treadwell, Economic Development Manager ~k~
Delray Beach Community Redevelopment Agency
RE: Request for inclusion on City Commission Agendas for 4/14 and
4/21 regarding the CPA's application for ISTEA funding for West
Atlantic Avenue
Please consider this memo a formal request by the Delray Beach Community
Redevelopment Agency for inclusion on the City Commission Agendas for 4/14
(Workshop) and 4/21 (Regular Commission Meeting) to present information and request
approval for the submission of an ISTEA Grant Request to be prepared by CPA Staff
and Consultants.
The Delray Beach Community Redevelopment Agency will be submitting an application
to the Palm Beach County Metropolitan Planning Organization for ISTEA (Intermodal
Surface Transportation Efficiency Act, US Department of Transportation) funding of
enhancement or beautification activities for West Atlantic Avenue on May 1, 1998.
Specifically the application will request funding for trees, brick pavers, drainage,
lighting and landscape nodes for West Atlantic Avenue Blocks 100 block to the 400
block (NW/SW 1st Avenue to NW/SW 4th Avenue). The application will also request
funding for general landscaping, trees and irrigation for blocks 100-300 on the North
and South Sides. (A Beautiful Palm Beaches grant awarded in 1997 will take care of the
300 block). As you may recall, the CRA successfully applied to ISTEA last year and
was funded for improvements to the 400 and 500 blocks of West Atlantic Avenue
(funds to be received in 2002). The 1998 application will help to "connect" West
Atlantic to East Atlantic.
The City is not applying for any ISTEA funding this year, but is required by the MPO to
be the sponsor for this project and to provide for maintenance of the project post-
installation.
24 N. Swinton Avenue, Delray Beach, FL 33444 (561) 276-8640 / Fax (561) 276-8558
We anticipate that the CRA will request up to $500,000 from ISTEA this year, subject to
our cost estimates which are forthcoming. The CRA will consider providing an
appropriate match from their budget (To be determined and reviewed by the CRA
Board on 4/9 and 4/23).
In summary, the CRA is asking the City of Delray Beach:
· To serve as the project sponsor (sign the application)
· To provide for the maintenance of the project (as they did for previous
CRA's applications to ISTEA and Beautiful Palm Beaches) A sample
letter is attached.
· To sign the grant agreement if the Grant is awarded.
As stated previously, the CRA will be asked to provide the match for this grant and will
supervise the grant's administration, along with the Flodda Department of
Transportation, if required. The CRA would suggest that discussion at the Workshop
be more general, discussing the overall plan. In the interim we will be collecting
additional information and project costs which will be provided to you in advance of the
4/21 meeting. Therefore, discussion at the 4/21 Commission meeting might be more
specific, with discussion related to the completed application budget and the City's
approval of the items referenced above (sponsorship, maintenance and authorization to
sign the grant agreement).
We appreciate any assistance you can provide with this request.
Attachments
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