04-21-98 Regular C'1'?¥ OF D~T,RJ~¥ ~1~.~C~, FI*,OR'I*DA - c'r?¥ COM~*I'ss'ro~ R~.GUIJ~ MI~.1~.T~'~ ~
Ail-America City
COMMISSION CHAMBERS q~
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 243-7127 (voice) or 243-7199 (TDD), 24 hours prior to the
event in order for the City to accommodate your request. Adaptive
listening devices are available for meetings in the Commission Chambers.
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments,
Commission discussion and official action. City Commission meetings are
business meetings and the right to limit discussion rests with the
Commission. Generally, remarks by an individu&l will be limited to three
minutes or less. The Mayor or presiding officer has discretion to adjust
the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items
under this section.
B. Comments and Inquiries on Non-Agenda Items from the Public: Any
citizen is entitled to be heard concerning any matter within the
scope of jurisdiction of the Commission under this section. The
Commission may withhold comment or direct the City Manager to take
action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item under
these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting,
individuals wishing to address public hearing or non-agendaed items
should sign in on the sheet located on the right side of the dais. If
you are not able to do so prior to the start of the meeting, you may
still address the Commission on an appropriate item. The primary purpose
of the sign-in sheet is to assist staff with record keeping. Therefore,
when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up
to the podium and state your name and address for the record. All
comments must be addressed to the Commission as a body and not to
individuals. Any person making impertinent or slanderous remarks or who
becomes boisterous while addressing the Commission shall be barred by the
presiding officer from speaking further, unless permission to continue or
again address the Commission is granted by a majority vote of the
Commission members present.
Regular Commission Meeting
April 21, 1998
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by
the City Commission with respect to any matter considered at this
meeting, such person will need to ensure that a verbatim record includes
the testimony and evidence upon which the appeal is based. The City
neither provides nor prepares such record.
AGENDA
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda Approval.
5. Approval of Minutes:
Regular Meeting of April 7, 1998
Special Meeting of April 14, 1998
6. Proclamations:
A. National Beach Safety Week - April 18-25, 1998
B. OF NOTE:
National Records and Information Management Week - April 5-11, 1998
7. Presentations:
A. Delray Citizens for Delray Police (Perry DonFrancisco) in
recognition of the residents of the Del-Airs community for
their annual golf tournament to benefit the Police and Fire
Departments
8. Consent Agenda: City Manager recommends approval.
A. FINAL PLAT APPROVAL/SHERWOOD PONTIAC PLAT NO. 1: Approve the
final boundary plat for Sherwood Pontiac Plat No. 1 which
consists of an existing automobile dealership. The subject
property is located south of Linton Boulevard, between Old
Dixie Highway and South Federal Highway.
B. RESOLUTION NO. 27-98: Approve a resolution in support of
pending legislation in the U.S. Congress (HR 2891) which
clarifies the overtime exemptions for paramedic/firefighters
under the Fair Labor Standards Act.
Regular Commission Meeting
April 21, 1998
C. FUNDING SUBSIDY/DELRAY BEACH RENAISSANCE PROGRAM: Approve a
funding subsidy in the amount of $22,151.00 for an eligible
applicant under the Delray Beach Renaissance Program, with
funding from State Housing Initiatives Partnership (SHIP)
program (118-1924-554-83.01).
D. RESOLUTION NO. 29-98: Approve a resolution assessing costs for
abatement action required to remove nuisances on 26 properties
throughout the City.
E. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept
the actions and decisions made by the Land Development Boards
for the period April 6th through April 17, 1998.
F. AWARD OF BIDS AND CONTRACTS:
1. Contract award in the amount of $59,006.00 to Ledbetter
Electric Inc., for emergency electrical repairs for the
Miller Park Little League Field %1, with funding from
334-4173-572-63.90 (Miller Park Lighting).
2. Contract award to Ritz Safety Equipment, via Palm Beach
County Bid #98003-R, for the purchase of safety shoes for
City employees at an estimated annual cost of $30,542;
with funding from various departmental budgets (52.22).
9. Regular Agenda:
A. SPECIAL EVENT REOUEST/1ST ANNUAL SEAFOOD FESTIVAL: Consider a
request from Paragon Events for special event approval to hold
the 1st Annual Del Ragin Summer Splash on June 6-7, 1998,
including a temporary use permit for the use of N.E. 2nd Avenue
from Atlantic Avenue to N.E. 1st Street, and Railroad Way from
N.E. 1st Street south to the east-west alley, a sign code
waiver request and City staff support, with the event sponsor
to pay for all overtime costs.
B. FUNDING REQUEST/PROJECT GRADUATION (OLYMPIC HEIGHTS): Consider
a request for funding from Olympic Heights Community High
School in support of Project Graduation 1998.
C. CRA APPLICATION FOR ISTEA FUNDING FOR WEST ATLANTIC AVENUE:
Consider a request from the Community Redevelopment Agency for
the City's participation and assistance with the CRA's
application to the Metropolitan Planning Organization (MPO) for
ISTEA (Intermodal Surfaces Transportation Efficiency Act)
funding for enhancement or beautification activities on West
Atlantic Avenue.
D. CITY APPLICATION FOR ISTEA FUNDING FOR SIDEWALK IMPROVEMENTS-
Consider a request to approve and authorize the Mayor to submit
an application to Metropolitan Planning Organization (MPO) for
ISTEA Enhance Funds for sidewalk improvements.
-3-
Regular Commission Meeting
April 21, 1998
E. TRAFFIC SIGNAL MODIFICATION/EAST ATLANTIC AVENUE BEAUTIFICATION
PROJECT: Consider approval of payment to Palm Beach County in
the amount of $21,647.87 for traffic signal modifications for
the East Atlantic Avenue Beautification project.
F. RESOLUTION NO. 30-98 (MID-YEAR BUDGET ADJUSTMENT): Consider a
resolution making mid-year adjustments to the adopted budget
for FY 1997/98.
10. Public Hearings:
A. ORDINANCE NO. 17-98 (FIRST READING/FIRST PUBLIC HEARING): An
ordinance amending Section 4.4.6, "Medium Density Residential
(RM) District", Subsection 4.4.6(D), "Conditional Uses and
Structures Allowed", of the Land Development Regulations of the
City of Delray Beach, to allow private beach clubs with
attendant recreational, dining and related accessory facilities
within that portion of the RM zoning district located south of
Atlantic Dunes Park and east of State Road A1A, as a
conditional use. If passed, a second public hearing will be
scheduled for May 5, 1998.
B. ORDINANCE NO. 15-98 (SECOND READING/SECOND PUBLIC HEARING): An
ordinance amending Section 4.4.9, "General Commercial (GC)
District", and Section 4.4.13, "Central Business (CBD)
District", of the Land Development Regulations to include the
rental of sporting goods and equipment as a permitted use,
subject to certain restrictions.
C. RESOLUTION NO. 28-98 (STATE HOUSING INITIATIVES PARTNERSHIP
(SHIP) LOCAL HOUSING ASSISTANCE PLAN): A resolution adopting
the Local Housing Assistance Plan for Fiscal Years 1998/99,
1999/2000 and 2000/01 pursuant to the State Housing Initiatives
Partnership (SHIP) Program.
D. ORDINANCE NO. 16-98: An ordinance amending Chapter 112, "Alarm
Systems", Section 112.06, "Exemptions", of the City Code by
enacting a new subsection 112.06(C) to provide an exemption
from the provisions of Chapter 112 for school facilities owned
by the Palm Beach County School District.
11. Comments and Inquiries on Non-Agenda Items from the Public-
Immediately following Public Hearings.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. First Readings:
A. ORDINANCE NO. 18-98: An Ordinance amending Chapter 96, "Fire
Safety And Emergency Services", Section 96.16, "Certain Codes
Adopted By Reference", of the City Code to provide which
edition of the various NFPA Codes are applicable, by repealing
Section 96.17, "Amendments", and by amending Section 96.46,
-4-
Regular Commission Meeting
April 21, 1998
"Aboveground Installations". If passed, a public hearing will
be scheduled for May 5, 1998.
13. Co--.ents and Inquiries on Non-Agenda Items.
A. City Manager
B. City Attorney
C. City Commission
-5-
-. WHEREAS, the beautiful coastal and inland beaches
'. of Delray Beach, Florida, represent a world renowned
recreational resource; and
WHEREAS, residents and visitors alike are drawn by
the millions to these beaches each year for water and beach
activities; and
WHEREAS, the aquatic environment presents dangers
that can be effectively managed through public awareness and
the vigilance of professional lifeguards; and
WHEREAS, for reasons of public safety, an annual
reminder of the joys and hazards associated with the aquatic
environment are appropriate at the commencement of the busy
summer beach session; and
WHEREAS, an informed public is essential to
maintaining adequate levels of beach and water safety; and
WHEREAS, residents and visitors alike should be
reminded of the following water safety guidelines:
*Learn to swim
* Swim near a lifeguard
* Never swim alone
* Don't fight the current
*Swim sober
* Leash your board
* Don't float where you can't swim
* Life Jackets = boating safety
* Don't dive headfirst; protect
your neck
* At home, you're the lifeguard
NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City
of Delray Beach, Florida, on behalf of the City Commission, do
hereby proclaim May 18-25, 1998, as
NATIONAL BEACH SAFETY WEEK
in Delray Beach, Florida, and urge all residents and visitors
to enjoy themselves at the beach this year while taking
appropriate measures to protect themselves and their families.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida,
to be affixed this 21st day of April, 1998.
MAYOR
JAY ALPERIN
SEAL
Agenda Item No.: W~FT
AGENDA REQUEST
Date: April 1, 1998
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: April 21, 1998
Description of agenda item (who, what, where, how much): Request Mayor's
si§nature on attached Proclamation naming May 18 - 25, 1998 as National Beach Safety
Week.
ORDINANCE/
RESOLUTION REQUIRED: YES~ Draft Attached: YES/NO
Recommendation: Approval of Proclamation.
Determination of Consistency w t~ Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: / NO
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
[ITY DF I]ELARY BEI:I£H .....
DELRAY BEACH
100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · (561) 243-7000
NI-AmericaCity
1993
TO: Jay Alperin, Mayor ~
FROM: Rich Connell, Beach Supervisor
SUBdECT: National Beach Safety Week
DATE: April 2, 1998
I am requesting your support of National Beach Safety Week by declaring Delray Beach's
participation via proclamation. Our waters can be a wonderful recreational resource, but
they can also be treacherous. Lifeguards are provided in an effort to reduce the number
of accidents at our beaches, but we cannot do the job alone. An informed public is
essential to maintaining adequate levels of beach and water safety.
The objective of National Beach Safety Week is to make citizens aware of the need to be
safe while in and near the water, stressing the following:
* Swim Near A Lifeguard * Learn To Swim
* Never Swim Alone * Don't Fight The Current
* Swim Sober * Leash Your Board
* Don't Float Where You Can't Swim * Life Jackets = Boating Safety
* Don't Dive Headfirst; Protect Your Neck * At Home, You're The Lifeguard
The United States Lifesaving Association (USLA) is a national non-profit organization
dedicated to improving beach safety in America, and we are an affiliate chapter of USLA.
Our membership includes professional beach lifeguards in this area, joining lifeguards
from across the country.
Thank you for considering this request. Your support will help make our beaches a safer
place for residents and tourists alike.
cc: David Harden, City Manager
Joe Weldon, Director of Parks and Recreation
Ref:jarcsaft
T,~,E EFrowr ALWAYS MATTERS
J~ Pt~r~ted on Rec?'cled Paper
WHEREAS, the beautiful coastal and inland beaches of Delray Beach
represent a world renowned recreational resourceS; and,
WHEREAS, our residents and visitors alike are drawn to these beaches
by the millions each year for water and beach activities; and,
WHEREAS, the aquatic environment has dangers that can be effectively
managed through public awareness and the vigilance of professional
lifeguards; and,
WHEREAS, for reasons of public safety, an annual reminder of the joys
and hazards associated with the aquatic environment are appropriate at the
commencement of the busy summer beach session; and,
WHEREAS, our residents and visitors alike must remember to Never Swim
Alone, Always Swim Near a Lifeguard, Never Drink Alcohol Before Swimming,
Respect the Power of the Surf, and Learn to Swim;
NOW, THEREFORE, I, Jay Alperin, by virtue of the aU~ho.rity vested in
me as Mayor, do hereby proclaim May 18 - 25, 1998 as:
NATIONAL BEACH SAFETY WEEK
In Delray Beach, and urge all residents using our beaches to enjoy
themselves at the beach this year, while taking appropriate measures to
protect themselves and their families.
Jay Alperin
MAYOR
WHEREAS, the management and control of information
is increasingly critical to every industry, business and
government agency; and the systematic creation, distribution,
storage and retrieval of records are of critical importance to
the continued and efficient operation of any good organization;
and
WHEREAS, organizations that excel today and
tomorrow will be those recognizing information as a major
resource and structuring it as efficiently as they do other
assets; and
WHEREAS, an effective records management program
assures the availability of information as a basis for sound
decision making by providing security and control against loss
by mismanagement, natural disaster, theft or inadvertent
destruction; and
WHEREAS, constantly changing technologies provide
an array of information storage media from paper to electronic
storage that require a concerted effort to assure proper
retention and control; and
WHEREAS, all Delray Beach citizens should recognize
the significant and important role that records management
professionals render in maintaining appropriate business, civic
and government records; and
WHEREAS, the Association of Records Managers and
Administrators (ARMA) International has the purpose of
promoting professionalism and education in Records and
Information Management, and providing a forum for the exchange
of information and the establishment of standards for records
management practices.
NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City
of Delray Beach, Florida, on behalf of the City Commission, do
hereby proclaim April 5-11, 1998 as
NATIONAL RECORDS AND INFORMATION MANAGEMENT WEEK
in Delray Beach, and encourage all citizens to recognize the
importance of this event.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida,
to be affixed this 21st day of April, 1998.
MAYOR
JAY ALPERIN
SEAL
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY Mg2XlAGER~'f~
SUBJECT: AGENDA ITEM #~ - REGULAR MEETING OF APRIL 21, 1998
FINAL PLAT APPROVAL/SHERWOOD PONTIAC PLAT NO. 1
DATE: APRIL 16, 1998
This is before the Commission to approve the final boundary plat
for Sherwood Pontiac, an existing automobile dealership located
at 2400 South Federal Highway. In September of 1994, the Site
Plan Review and Appearance Board approved a major site plan
modification to allow the construction of a body shop addition to
the existing dealership. A condition of approval was that a
boundary plat be prepared for the subject property, including the
dedication of easements to accommodate extension of utilities.
All technical and staff comments have now been addressed and the
plat has been forwarded with a recommendation of approval from
the City Engineer.
Recommend approval of the final boundary plat for Sherwood
Pontiac Plat No. 1.
ref:agmemo5
Agenda Item No. ~
AGE~A REO~ST
Date: ~ril 13, 1998
Request to be placed on:
X Regular Agenda
Special ~enda
Workshop ~enda ~en: ~ril 21, 1998
Description of item (who, what, where, how much) :~proval of final
boundary plat for Sherwood Ponitac. Staff comments have been addressed.
ORDIN~CE/RESOL~ION REQUIRED: YES/~ D~FT ATTACHED YES/~
Recommendation: Staff recommends approval of ~he f~nal ~oundarv p~at
for Sherwood Ponitac./ ~ d ~ /'-~ ~ /~ _ ~ /7 -
Department head signature: 'X~.-~C~ ~~ ~/~f
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of
funds):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review:
HoldAppr°ved for agenda: ~/NOuntil: ~~
Agenda Coordinator Review: ~
Received:
Placed on Agenda:
Action:
Approved/Disapproved
cc: tac-Congress Industrial Square
file:s/eng/tac/congsqq/ag3398.doc
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Barron Caronite'~'~FT/0
Engineer I
SUBJECT: SHERWOOD PONITAC
BOUNDARY PLAT
DATE: April 14, 1998
Attached is an agenda request for Commission approval of the boundary plat for
Sherwood Ponitac. The subject property is being platted as a condition of the 1994 site
plan approval. In addition, easements to accomodate the extension of water and sewer
mains are provided by this plat. Also attached is a location map and reduced copy of the
plat. If acceptable, please place this item on the April 21, 1998 Commission meeting for
Commission approval.
BC/gm
attachment
cc: Randal L. Krejcarek, P.E., City Engineer
Richard C. Hasko, P.E., Dir. of Environmental Services
John Walker, Project Planner
Barbara Garito, Deputy City Clerk
file: s/eng/tac/sherwood/agmemo.doc
The felt that the retractable awning the
front o the building was not appropriate it was
out of le with the building and not cons~ with
the ~ ~d valance awning. The Board ested that
the item tabled so the agent could c with his
client, agent concurred with the
It was moved Mr. Sheremeta, sec by Mr. Little
and passed 5 table Mr. Shift~ Attic.
B. Delray Toyota e Car Sales it¥; 2700-2800 S.
Federal the Sidewalk Waiver;
Diqby Brid( orized .
Ms. Meeks pres item to the Board through a
review of the )ort. It was noted at the
Board's last at the minutes did not contain
who made the mot seconded the motion to waive
the sidewalk re. ~ The Board had discussed the
item and was/~ favor of~ranting it, but never took
formal act~%, which was bow the matter before the
Board. __/___~ ~
It wa~ moved by Mr. Sheremeta,~seconded by Mr. Little
and ~sed 5-0 to approve a wai~er request to Section
6 , to not install a sidewalk%along both Fladell's
t-~_~-~ and Federal Highway.
VI. PROJECT PLANS:
A. 2400 S. Federal
Highway; Major Site Plan Modification~ Landscaping &
Elevations; Mark Marsh~ Authorized Aqent.
~ ~ Ms. Meeks presented the item to the Board through a
review of the staff report.
It was noted that this item had been fast tracked in
order to accommodate the applicant as the Sherwood
Pontiac's lease for the existing body shop building
expires on December 31, 1994. The proposal is to
construct a 2-story 12,600 square foot body shop, 144
parking spaces and associated landscaping.
There were several items of concern noted in the staff
report and involved the following: a) that the entire
site may need to be upgraded depending on the actual
square footage of the building being proposed; b) that
the parking spaces be appropriately designated for
service, employees, and costumers; c) that a sidewalk
waiver be granted; d) that the site did not meet open
space requirements; and e) that the overhead utility
lines are required to be underground.
- 3 - 09/07/94
The Board felt that even with the numerous technical
items that needed to be resolved, the proposal would
substantially upgrade the site.
It was moved by Mr. Sheremeta, seconded by Mr. Little
and passed 5-0 to approve a waiver request to Section
6.1.3(B), to not install a sidewalk along Dixie
Highway.
It was moved by Mr. Sheremeta, seconded by Mr. Little
and passed 5-0 to approve the site plan for Sherwood
Pontiac Body Shop based upon positive findings with
respect to Chapter 3 (Performance Standards) and
Section 2.4.5(F)(5) of the LDRs and the policies of
the Comprehensive Plan subject to Conditions 1-12 as
found in the staff report and the following condition:
13. That no mechanical equipment or ventilation
stacks be visible above the parapet or from Dixie
Highway.
It Was moved by Mr. Sheremeta, seconded by Ms. Andrews
and passed 5-0 to approve the landscape plan for
Sherwood Pontiac Body Shop based upon positive
findings with respect to Section 4.6.16 subject to the
following condition:
* Provide sod and irrigation in the unpaved portion
of the right-of-way adjacent to the property line
(along Dixie Highway), and that the proposed
Coconut Palms adjacent to the west building
elevation be changed to something more
appropriate.
It was moved by Mr. Sheremeta, seconded by Mr. Little
and passed 5-0 to approve the building elevations for
Sherwood Pontiac Body Shop based upon positive
findings with respect to Section 4.6.18 with the
following condition:
* That there be 2 columns on the entrance and that
the colors of the columns be Red Lipstick.
B. Sage Center~ 14~5 N./Congress Avenue; Site Plant
Landscaping & Elevens; David Macke¥, Authorized
Agent. //~
Ms. Meeks pre~fnted ~he item to the Board through a
review of th~staff r~port.
- 4 - 09/07/94
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ~'Z~' - MEETING OF APRIL 21, 1998
RESOLUTION NO. 27-98
DATE: APRIL 13, 1998
This is before the City Commission to approve Resolution No. 27-98, which
supports clarification of overtime exemptions of the Fair Labor Standards Act for
paramedic/firefighters and emergency medical service personnel. This resolution
states the support of the City of Delray Beach for HR 2891, a bill currently
pending in Congress to amend the Fair Labor Standards Act of 1938 and clarify
this issue.
Based on the information stated above, I recommend approval of Resolution No.
27-98.
BO/nm
Memo. Apdl21.98.a
RESOLUTION NO. 27-98
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, IN SUPPORT OF HR 2891,
CURRENTLY PENDING IN THE UNITED STATES CONGRESS,
RELATING TO THE FAIR LABOR STANDARDS ACT; DIRECTING
THE CITY CLERK TO PROVIDE COPIES OF THE RESOLUTION TO
APPROPRIATE OFFICIALS; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Delray Beach,
Florida, supports bill HR 2891 currently being debated in Congress; and
WHEREAS, the City Commission supports this proposed
legislation because the proposed language clarifies the overtime
exemptions for paramedic/firefighters under the Fair Labor Standards
Act.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the above recitals are adopted by the Delray
Beach City Commission, and the City of Delray Beach supports HR 2891 as
it relates to the overtime exemptions of the Fair Labor Standards Act
relating to paramedics, emergency medical technicians, or rescue or
ambulance service personnel employed by a public agency.
Section 2. That the City Commission of the City of Delray
Beach, Florida, supports this proposed legislation.
Section 3. That the City Clerk is hereby directed to provide
copies of this resolution to all appropriate officials.
Section 4. That this resolution shall become effective
immediately upon passage.
PASSED AND ~DOPTED in regular session on this the 21st day of
April, 1998.
ATTEST:
/ City ~erk
10$TII CONGRESS
- H.R. 2891
To amend the Fair Labor Standards Act of 1938 t.o provide a lintited
overtime exemption tbr employees I)erfornfing emergency medical se~'ices.
IN TIdE ttOUSE OF REPRESENTATIVES
NOVEMBEI{ 7, 1997
Mr. GIL\IIAM (tbr himself and Mr. EIII~LICII) introduced lhe ibllowing bill;
which was referred to the Contmitlee on Education and the WorMbrce
A BILL
To alllCild the Fair Labor Standards Act of' 1938 to p,'oxqde
a limited overtime exemption for employees pcrfornfing
emergency medical sexa4ees.
1 Bc 'it cnactcd by/tlw Sc.ate and Ho'use oJ'Reprcsenta-
2 tivcs oJ' th.e United ~: tares oJ'Amcrica in Co.,grcss asscmblcd,
3 SECTION 1. EMERGENCY MEDICAL SERVICES.
Standards Act of
4 Section 7(k) of the Fair Labor ~'
5 1938 (2.9 U.S.C. 207(k)) is amended in the matter before
6 paragraph (1)~
7 (1) 1)y striking "or any employee" and in sm~,ing
8 ", a.~¢, employee", and
9 (2) by inserting before "iff' the fbllowing: ", or
10 any paramedic, emergency medical teehnieian, or
2
1 rescue and ambulance sc~a~icc pcrsom~cl trained to
2 provide emergency medical sc~wiccs and to proxqdc
3 transport of persons receix~ng such se~qces or trans-
4 port of' persons to receive such scIadces".
0
· HR 2891 IH
Appendix I FLSA
(6) extra compensation provided by a premium rate paid for (ii) extra overtime compensation is properly computed and paid
work by the employee on Saturdays, Sundays, holidays, or regular on other forms of additional pay required to be included in
days of rest, or on the sixth or seventh day of the workweek, computing the regular rate.
where such premium rate is not less than one and one-half times (h) Extra compensation creditable toward overtime compensation.
the rate established in good faith for like work performed in Extra compensation paid as described in paragraphs (5), (6),
nonovertime hours on other days; or and (7) of subsection (e) shall be creditable toward overtime
(7) extra compensation provided by a premium rate paid to the compensation payable pursuant to this section.
employee, in pursuance of an applicable employment contract or
collective-bargaining agreement, for work outside of the hours (i) Employment by retail or service establishment.
No employer shall be deemed to have violated subsection (a)
established in good faith by the contract or agreement as the basic,
normal, or regular workday (not exceeding eight hours) or by employing any employee at a retail or service establishment for
workweek (not exceeding the maximum workweek applicable to a workweek in excess of the applicable workweek specified
such employee under subsection (a)D], where such premium rate therein, if (1) the regular rate of pay of such employee is in excess
of one and one-half times the minimum hourly rate applicable to
is not less than one and one-half times the rate established in good
him under section 6, and (2) more than half his compensation for a
faith by the contract or agreement for like work performed during
such workday or workweek, representative period (not less than one month) represents commis-
sions on goods or services. In determining the proportion of
(f) Employment necessitating irregular hours of work. compensation representing commissions, all earnings resulting
No employer shall be deemed to have violated subsection (a) from the application of a bona fide commission rate shall be
by employing any employee for a workweek in excess of the deemed commissions on goods or services without regard to
maximum workweek applicable to such employee under subsec- whether the computed commissions exceed the draw or guarantee.
tion (a) if such employee is employed pursuant to a bona fide
individual contract, or pursuant to an agreement made as a result (j) Employment in hospital or establishment engaged in care of
of collective bargaining by representatives of employees, if the sick, aged, or mentally ill.
duties of such employee necessitate irregular hours of work, and No employer engaged in the operation of a hospital or an
establishment which is an institution primarily engaged in the care
the contract or agreement (I) specifies a regular rate of pay of not
less than the minimum hourly rate provided in subsection (a) or of the sick, the aged, or the mentally ill or defective who reside on
Co) of section 6 (whichever may be applicable) and compensation the premises shall be deemed to have violated subsection (a) if,
at not less than one and one-half times such rate for all hours pursuant to an agreement or understanding arrived at between the
worked in excess of such maximum workweek, and (2) provides a employer and the employee before performance of the work, a
weekly guaranty of pay for not more than sixty hours based on the work period of fourteen consecutive days is accepted in lieu of the
rates so specified, workweek of seven consecutive days for purposes of overtime ~.
computation and if, for his employment in excess of eight hours in ~
(g) Employment at piece rates, any workday and in excess of eighty hours in such fourteen-day ~:. _ '-
No employer shall be deemed to have violated subsection (a) period, the employee receives compensation at a rate not less than
by employing any employee for a workweek in excess of the one and one-half times the regular rate at which he is employed.
maximum workweek applicable to such employee under such
0c) Employment by public agency engaged in fire protection or
subsection if, pursuant to an agreement or understanding arrived law enforcement activities.
at between the employer and the employee before performance of
No public agency shall be deemed to have violated subsection
the work, the amount paid to the employee for the number of
hours worked by him in such workweek in excess of the maxi- (a) with respect to the employment of any employee in fire
mum workweek applicable to such employee under such protection activities or any employee in law enforcement activities
subsection-- (including security personnel in correctional institutions) if-
(l) in the case of an employee employed at piece rates, is (1) in a work period of 28 consecutive days the employee
computed at piece rates not less than one and one-half times the receives for tours of duty which in the aggregate exceed the lesser
bona fide piece rates applicable to the same work when performed of (A) 216 hours, or (B) the average number of hours (as
determined by the Secretary pursuant to section 6(c)(3) of the
during nonovertime hours; or
Fair Labor Standards Amendments of 1974) in tours of duty
(2) in the case of an employee performing two or more kinds
of work for which different hourly or piece rates have been of employees engaged in such activities in work periods of
established, is computed at rates not less than one and one-half 28 consecutive days in calendar year 1975; or
times such bona fide rates applicable to the same work when (2) in the case of such an employee to whom a work period of
performed during non-overtime hours; or at least 7 but less than 28 days applies, in his work period the
(3) is computed at a rate not less than one and one-haft times employee receives for tours of duty which in the aggregate exceed
the rate established by such agreement or understanding as the a number of hours which bears the same ratio to the number of
basic rate to be used in computing overtime compensation consecutive days in his work period as 216 hours (or if lower, the
thereunder: Provided, That the rate so established shall be number of hours referred to in clause (B) of paragraph (1)) bears
to 28 days, compensation at a rate not less than one and one-half
authorized by regulation by the Administrator [Secretary] as being
times the regular rate at which he is employed.
substantially equivalent to the average hourly earnings of the
employee, exclusive of overtime premiums, in the particular work (1) Employment in domestic service in one or more households.
over a representative period of time; and if (i) the employee's No employer shall employ any employee in domestic service
average hourly earnings for the workweek exclusive of payments in one or more households for a workweek longer than forty hours
described in paragraphs (1) through (7) of subsection (e) are not unless such employee receives compensation for such employ-
less than the minimum hourly rate required by applic, able law, and ment in accordance with subsection (a).
Page 22 · Appendix I November 1996 Fair Labor Standards Handbook
Memorandum
To: David Harden, City Manager
Thru: Lula Butler, Community Improvement Director
From: Michael Simon, Acting Community Development Coordinator
Date: April 14, 1998
Subject: Delray Beach Renaissance Program Subsidy Request
ITEM BEFORE TIlE COMMISSION:
City Commission authorization and approval to issue subsidy to one eligible applicant under the
Delray Beach Renaissance Program.
BACKGROUND:
The Delray Beach Renaissance Program Memorandum of Understanding was approved by the City
Commission on January 23, 1996. In partnership with the Delray Beach Community Development
Corporation, The TED Center, the Community Redevelopment Agency, the Community Financing
Consortium, the Federal Home Loan Bank of Atlanta and the Delray Beach Housing Authority, we
are committed to providing homeownership opportunities to 80 homebuyers through new
construction and acquisition/rehab beginning October 1, 1995 through September 30, 1998. An
agreement to extend the program for one additional year has been approved by all partners.
Each potential homebuyer is required to attend a homebuyers seminar sponsored by the Community
Financing Consortium, Inc., the Renaissance Programs partner and first mortgage lender. The
seminar includes training and information on financial planning, credit and borrowing, budgeting,
fair housing issues, mortgage and closing costs and a comprehensive glossary of real estate terms.
The Grant is secured by a Promissory Note/Second Mortgage approved by the City Attorney and
requires the applicant to maintain ownership/residence for a specified period according to the amount
of the Grant. Grant amounts less than $15,000 per unit, are forgiven at a rate of 20% per year for
a period of 5 years and Grant amounts equal to or greater than $15,000 but less $40,000 per unit, are
forgiven at a rate of 10% per year for 10 years.
RECOMMENDATION:
Staff is recommending City Commission approval to fund subsidy for the eligible applicant of
the following property: Lot 8, Block 1, Pine Trail Section One / $ 22,151.00
DELRAY BEACH RENAISSANCE PROGRAM
SUBSIDY REQUEST BREAKDOWN
NEW CONSTRUCTION no CENSUS TRACT 66.04
NAME Marie Saint Louis
PROPERTY ADDRESS 575 46th Avenue. Delray Beach
LEGAL DESCRPTION Thc North one-half of lot 8. Block 1. Pine Trail Secton One
Plat Book 32 . Page 58
% OF AREA MEDIAN HOUSEHOLD INCOME 37 # IN HOUSEHOLD 3
COST OF HOUSE $59.685 COST OF REHABILITATION $1.315.00
CLOSING COSTS $3.151
TOTAL TRANSACTION $ 64,151.00
PROJECT/SUBSIDY BREAKDOWN
FIRST MORTGAGE $ 41,000,00 First Bank of Florida
RATE 7.00 %
LTV 69.0 %
SECOND MORTGAGE
$ 20.151.00 City of Delray. SHIP
$ CRA of Delray
$ 2.000.00 Housing Authority
THIRD MORTGAGE $ Federal Home Loan Bank
GRANT $ HTF "A"
APPLICANT FUNDS
Pre-paids $ 150.00
Escrowed $
Paid at closing $ 850.00
TOTAL TRANSACTION $64.151.00
s :\commun\renprg\subrest.doc
Agenda Item No.'
AGENDA REQUEST
Request to be placed on: Date: April 14, 1998
__ Regular Agenda
Special Agenda
Workshop Agenda
xxxxx Consent Agenda When: April 21, 1998
Description of agenda item:
Authorization and approval to issue subsidy to one eligible applicant under the Delray
Beach Renaissance Program totaling $22,151.00.
ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation:
Staff recommends approval of subsidy award. Funds are to be awarded from State
Housing Initiatives Program (SHIP) dollars.
SHIP Total: $22,151.00 Acco~4-554-83.01
Department Head Signature:
City Attorney Review/Recommendation (if applicable):.
Funding Available: ~O
Funding Alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for Agenda: ~/NO ~,~7~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY I~2XlAGER~
SUBJECT: AGENDA ITEM # ~' ~' - MEETING OF APRIL 21, 1998
RESOLUTION NO. 29-98
DATE: April 17, 1998
This is a resolution assessing costs for abatement action
necessary to remove nuisances on 26 properties located throughout
the City. The resolution sets forth the actual costs incurred
and provides the mechanism to attach liens on these properties in
the event the assessments remain unpaid.
Recommend approval of Resolution No. 29-98 assessing costs for
abating nuisances on 26 properties throughout the City.
RESOLUTION NO. 29-98
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO C~APTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH AND PROVIDING T~AT A NOTICE OF
LIEN S~kLL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS-
MENTS.
WHEREAS, the City Manager or his designated representative has,
pursuant to Chapter 100 of the Code of Ordinances, declared the exis-
tence of a nuisance upon certain lots or parcels of land, described in
the list attached hereto and made a part hereof, for violation of the
provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the
Code of Ordinances of the City of Delray Beach, the City Manager or his
designated representative has inspected said land(s) and has determined
that a nuisance existed in accordance with the standards set forth in
Chapter 100 of the Code of Ordinances, and did furnish the respective
owner(s) of the land(s) described in the attached list with written
notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22
of the Code of Ordinances describing the nature of the nuisance(s) and
sent notice that within ten (10) days from the date of said notice
forty-two (42) days in the case of violation of Section 100.04 pertain-
ing to seawalls) they must abate said nuisance, or file a written
request for a hearing to review the decision that a nuisance existed
within ten (10) days from the date of said notice, failing which the
City of Delray Beach would proceed to correct this condition by abating
such nuisance, and that the cost thereof would be levied as an assess-
ment against said property; and,
WHEREAS, the property owner(s) named in the list attached
hereto and made a part hereof did fail and neglect to abate the
nuisance(s) existing upon their respective lands or to properly request
a hearing pursuant to Section 100.21 and 100.22 within the time limits
prescribed in said notice and Chapter 100 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, said prop-
erty owner(s) failed and/or~ neglected to abate such nuisance(s) within
the time designated at the hearing wherein a decision was rendered
adverse to the property owner(s); and,
WHEREAS, the City of Delray Beach, through the City Administra-
tion or such agents or contractors hired by the City Administration was
therefore required to and did enter upon the land(s) described in the
list attached and made a part hereof and incurred costs in abating the
subject nuisance(s) existing thereon as described in the notice; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 100 of the Code of Ordinances of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred
in abating said nuisance(s) as aforesaid, said report indicating the
costs per parcel of land involved; and,
WHEREAS, the City commission of the City of Delray Beach,
pursuant to Chapter 100 of the Code of Ordinances desires to assess the
cost of said nuisance(s) against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown
by the report of the City Manager of the City of Delray Beach, involving
the City's cost of abating the aforesaid nuisances upon the lots or
parcels of land described in said report, a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcel(s)
of land described in said report and in the amount(s) indicated thereon.
Said assessments so levied shall, if not paid within thirty (30) days
after mailing of the notice described in Sec. 3, become a lien upon the
respective lots and parcel(s) of land described in said report, of the
same nature and to the same extent as the lien for general city taxes
and shall be collectible in the same manner as mortgages and fore-
closures are under state law.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the City of
Delray Beach on the has levied an
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable within
thirty (30) days after the mailing date of said notice of assessment,
after which a lien shall be placed on said property, and interest will
- 2 - Res. No. 29-98
accrue at the rate of 8% per annum, plus reasonable attorney's fees and
other costs of collecting said sums. A Notice of Lien shall be mailed,
along with the Notice of Assessment and this resolution.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of
eight (8) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been
received by the City Clerk within thirty (30) days after the mailing
date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of Palm
Beach County, Florida, and upon the date and time of recording of the
certified copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 8%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1998.
M A Y O R
ATTEST:
City Clerk
- 3 - Res. No. 29-98
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
LA HACIENDA, DELRAY, ALVIN L. BROCK $ 49.00
L0T 14, BLK E, PB 15, 740 SOUTH LAKE AVE. 70.00 (ADM. COST)
P 6, PUBLIC RECORDS OF DELRAY BEACH, FL 33483
PALM BEACH COUNTY, FL
(730 SO. LAKE AVE.)
SUB OF N 1/2 OF SE 1/4 JAMES & HATTIE L. BROWN $ 67.00
OF SE 1/4 OF SW 1/4 802 SW 3RD STREET 70.00 (ADM. COST)
UNREC/LOT 1, PB 1, P 3, DELRAY BEACH, FL
PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(802 SW 3RD STREET)
SUB OF SEC 20-46-43 ELIZ. A. GONZALEZ, ET AL $ 59.00
S 76.18 FT OF N 324 FT c/o I. NEAL 70.00 (ADM. COST)
OF E 1/2 OF W 1/2 OF 237 SW 5TH AVENUE
LOT 30 (LESS E 30 FT OF BOYNTON BEACH, FL 33435
SW 10TH AVE RD R/W,
PB 1, P 4, PUBLIC
RECORDS OF PALM BEACH
COUNTY, FL
(1119 WALLACE DRIVE)
TOWN OF DELRAY, N 50 FT ADELENE JENKINS $ 55.00
OF S 356.4 FT OF E 135 PO BOX 1993 70.00 (A/DM. COST)
FT OF BLK 24, PB 1, P 3, DELRAY BEACH, FL 33447
PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(322 SW 5TH AVENUE)
TOWN OF DELRAY, S 1/2 ETHEL MACKEY $ 51.00
OF LOT 5, BLK 30, PB 1, c/o SHIRLEY M. WALLACE 70.00 (ADM. COST)
P 3, PUBLIC RECORDS OF 1120 NW 64TH STREET
PALM BEACH COUNTY, FL MIAMI, FL 33150-4231
(129 SW 5TH AVENUE)
RIDGEWOOD HEIGHTS RPI MGMT CORP. $ 51.00
DELRAY, LOT 23, BLK C, 209 NE 95TH ST, STE. 2 70.00 (ADM. COST)
PB 14, P 44, PUBLIC MIAMI, FL 33139
RECORDS OF PALM BEACH
COUNTY, FL
(1106 SW 7TH AVENUE)
RES. NO. 29-98
ATLANTIC PARK GARDENS, CHARLES F. RIDLEY $ 24.00
DELRAY, LOTS 15 & 16, 137 SW 12TH AVENUE 70.00 (ADM. COST)
BLK 3, PB 14, P 56, DELRAY BEACH, FL 33444
PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
(110 SW 12TH AVENUE)
TOWN OF DELRAY, N 1/2 AMY CHARLOW $ 51.00
OF LOT 5, BLK 30, PB 1, 125 SW 5TH AVENUE 70.00 (ADM. COST)
P 3, PUBLIC RECORDS OF DELRAY BECH, FL 33444
PALM BEACH COUNTY, FL
(125 SW 5TH AVENUE)
LAKE IDA SHORES, LOT 8 NETWORK FINANCIAL CORP $ 98.00
(LESS N 20 FT), BLK 3, 9100 GRIFFIN ROAD 70.00 (ADM. COST)
PB 25, P 54, PUBLIC COOPER CITY, FL 33328-3540
RECORDS OF PALM BEACH
COUNTY, FL
(532 NW 8TH AVENUE)
HIGHLAND TRAILER PARK CARL W. REAGAN & $ 24.00
LOT 88 & NLY 1/2 OF LORRAINE H. REAGAN 70.00 (ADM. COST)
LOT 89, PB 24, P 213, 8413 TALLMADGE ROAD
PUBLIC RECORDS OF RAVENNA, OH 44266-9242
PALM BEACH COUNTY, FL
(14684 GLENVIEW DRIVE)
OSCEOLA PARK, LOTS 5 ROGER SMITH $ 242.00
TO 8, INC. (LESS US HWY 1266 SO. MILITARY TRAIL 70.00 (ADM. COST)
#1 RD R/W) BLK 1, PB 3, SUITE # 528
P 2, PUBLIC RECORDS OF DEERFIELD BEACH, FL 33442
PALM BEACH COUNTY, FL
(530 SE 6TH AVENUE)
TOWN OF DELRAY, LOT 11 & ZEDER H. HAILD, TR $ 39.00
N 39 FT OF LOT 12, BLK 94, c/o COMMERICA BANK TRUST RE 70.00 (ADM. COST)
PB 1, P 3, PUBLIC RECORDS PB BOX 75000
OF PALM BEACH COUNTY, FL DETROIT, MI 48275-0001
(102 SE 4TH AVENUE)
POINCIANNA HEIGHTS OF CARL J. CARTER, JR. $ 89.00
DELRAY BEACH, LOT 29, 315 NW 12TH AVENUE 70.00 (ADM. COST)
PB 26, P 245, PUBLIC DELRAY BEACH, FL 33444
RECORDS OF PALM BEACH
COUNTY, FL
(315 NW 12TH AVENUE)
TOWN OF DELRAY, S 150 FT FRED D. MC COY & $ 77.~00
OF W 135.5 FT OF BLK 26, AMERIFIRST 70.00 (ADM. COST)
PB 5, P 64, PUBLIC 17500 NW 68TH AVE. #210
RECORDS OF PALM BEACH HIALEA}I, FL 33015-4044
COUNTY, FL
(415 NW 2ND STREET)
RES. NO. 29-98
5
TOWN OF DELRAY, LOT 17, BERTHA PRESTON $ 107.00
BLK 23, PB 10, P 69, 1001 WEST 3RD STREET 70.00 (ADM. COST)
PUBLIC RECORDS OF RIVIERA BEACH, FL 33404
PALM BEACH COUNTY, FL
(217 SW 6TH AVENUE)
CARVER MEMORIAL PARK SUB MARY STRAPP $ 62.00
LOTS 3 & 4, BLK A, 210 NW 13TH AVENUE 70.00 (ADM. COST)
PB 20, P 56, PUBLIC DELRAY BEACH, FL 33444
RECORDS OF PALM BEACH
COUNTY, FL
(210 NW 13TH AVENUE)
ATLANTIC GARDENS DELRAY, ANNIE M. WATT & $ 59.00
LOT 1, BLK 9, PB 41, MAGGIE L. WATT 70.00 (ADM. COST)
P 63, PUBLIC RECORDS OF 336 SW 5TH AVENUE
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444
(SW llTH AVENUE)
SOUTHRIDGE, LOT 15, JAMES P. BENNETT $ 51.00
PB 13, P 38, PUBLIC 11407 FLINT LANE 70.00 (ADM. COST)
RECORDS OF PALM BEACH BOKEELIA, FL 33922-3011
COUNTY, FL
(SOUTHRIDGE ROAD)
RIDGEWOOD HEIGHTS VALENTINE GABALDON & $ 67.00
DELRAY, LOTS 1 & 2/LESS FRANCES GABALDON 70.00 (ADM. COST)
N 15 FT RD R/W, BLK B, 321 DATURA STREET
PB 14, P 44, PUBLIC WEST PALM BEACH, FL 33401
RECORDS OF PALM BEACH
COUNTY, FL
(702 SW 10TH STREET)
OSCEOLA PARK, W 63.36 FT BEN & IRIS HAMMETT $ 51.00
LOTS 28, 29 & 30, BLK 7, 2996 BYINGTON CIRCLE 70.00 (ADM. COST)
PB 3, P 2, PUBLIC RECORDS TALLAHASSEE, FL 32303-2504
OF PALM BEACH COUNTY, FL
(629 SE 2ND AVENUE)
SOUTHRIDGE, LOTS 21, SAMUEL N. & LIDIA LOPEZ $ 51.00
BLK 10, PB 13, P 38, 32 NW 24TH AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33445
BEACH COUNTY, FL
(ZEDER AVENUE)
SOUTHRIDGE, LOT 22, SAMUEL N. & LIDIA LOPEZ $ 51.00
BLK 10, PB 13, P 38, 32 NW 24TH AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33445
BEACH COUNTY, FL
(ZEDER AVENUE)
RES. NO. 29-98
6
SOUTHRIDGE, LOT 23, SAMUEL N. & LIDIA LOPEZ $ 51.00
BLK 10, PB 13, P 38, 32 NW 24TH AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33445
BEACH COUNTY, FL
(ZEDER AVENUE)
ATLANTIC PARK GARDENS, J.D. & EARLINE MONROE $ 51.00
DELRAY LOT 19, BLK 2, 32 EARLE STREET 70.00 (ADM. COST)
PB 14, P 56, PUBLIC HARTFORD, CT 06120-1714
RECORDS OF PALM BEACH
COUNTY, FL
(39 SW 13TH AVENUE)
HALLER & GROOTMANS SUB, RANDALL A. WALKER $ 39 . 00
LOT 31, PB 5, P 4, 11334 172ND PLACE NO. 70.00 (A/DM. COST)
PUBLIC RECORDS OF PALM JUPITER, FL 33478
BEACH COUNTY, FL
(414 NE 7TH AVENUE)
ATLANTIC GARDENS DELRAY, E. & HENRY WILSON $ 51.00
LOT 23, BLK 6, PB 14, PB BOX 1676 70.00 (ADM. COST)
P 63, PUBLIC RECORDS DELRAY BEACH, FL 33447
OF PALM BEACH COUNTY, FL
(142 SW llTH AVENUE)
VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS;
DECLARED NUISANCE.
RES. NO. 29-98
?
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY I~2~I'AGER~
SUBJECT: AGENDA ITEM # ~ - MEETING OF APRIL 21, 1998
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: APRIL 17, 1998
Attached is the Report of Appealable Land Use Items for the
period April 6, 1998 through April 17, 1998. It informs the
Commission of the various land use actions taken by the
designated boards which may be appealed by the City Commission.
Recommend review of appealable actions for the period stated.
Receive and file the report as appropriate.
THRU: DIANE DOMINGUEZ~DII~ECTOR OF PLANNING AND ZONING
FROM: JASMINALLEN, PLANNER/~.,~J/~.~~J~ ~
SUBJECT: MEETING OF APRIL 2'1, '1998 *CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS
APRIL 6, '1998 THRU APRIL '17, 1998
The action requested of the City Commission is that of review of appealable actions
which were made by various Boards during the period of April 6, 1998 through April 17,
1998.
This is the method of informing the City Commission of the land use actions, taken by
designated Boards, which may be appealed by the City Commission. After this meeting,
the appeal period shall expire (unless the 10 day minimum has not occurred).
Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission
hears appeals of actions taken by an approving Board. It also provides that the City
Commission may file an appeal. To do so:
1. The item must be raised by a Commission member.
2. By motion, an action must be taken to place the item on the next meeting of
the Commission as an appealed item.
No Regular Meeting of the Board was held during this period.
!
~ '~=~ :~ ~" ':':':':'~'~ "'"":':':':':':':'ii""" ':':':':':':i:i:':'"'"'" ":':':':':':':i:':':""'" ":':':':':':i:i:i:i:i:'"" ':':':':':':':':i:':':'"' ":':':':':':':i:i:i:':':':':' i i:i:i:i:i:i:]:':':':"'"":':i:i:i:i:i:i:i:i:i:i:':':" ~~~~~i~i~i:i~~:~~.~.~~:~~~~~~:.~~:~~.~~~i:i~~~.~.:~~~:~~~:~~~~~:~~~~~~i:~~.~i~~~~~~~~~~~~~~~~~~~.~i~.:i~~~i:':''':'' :':':':':':i:i:':'"' ":':':':':':':':'1
A. Approved (5 to 0, Martin and Smith absent), a request for a color change at
Southridge Village Condominium, located at the northeast corner of S.W. 10th
Avenue and Linton Boulevard.
B. Approved (5 to 0), a request for a color change of proposed awnings at the
Green Owl, located at the southwest corner of East Atlantic Avenue and S.E.
4th Avenue.
C. Approved with conditions (5 to 0), a request for site plan modification (Class IV),
landscape plan and architectural elevation plan associated with the construction
of an office building for SIRS, Inc. Publishing Company, located on the west
side of Congress Avenue, approximately 1,000 feet south of Atlantic Avenue.
City Commission Documentation
Appealable Items Meeting of April 21, 1998
Page 2
Concurrently, the Board granted waivers increasing the drive aisle width south of
the loading area from 26' to 45'7" and reducing the required parking spaces from
397 to 364.
D. Approved with conditions (5 to 0), a request for site plan modification (Class III),
landscape plan and architectural elevation plan associated with the construction
of a 16,200 sq. ft. gymnasium and a 18,464 sq. ft. two-story administration
building at Unity School, located at the northwest corner of Swinton Avenue
and N.VV. 22nd Street. Concurrently, the Board granted waivers reducing the
landscape strip along the south property line from 5' to 3' and allowing more
than 10 parking spaces in a row without a landscape island.
E. Approved with conditions (4 to 0, Branning abstained), a request for site plan
modification (Class III), landscape plan and architectural elevation plan
associated with the conversion of an existing commercial structure to a
vocational school to be known as Milagro Center, located at the southeast
corner of SE 2nd Avenue and SE 1st Street. Concurrently, the Board granted
waivers eliminating the required landscape strip along the west and east sides of
the parking lot, allowing the dumpster to encroach into the required setback by
2' and reducing the depth of the maneuvering area for two dead-end parking
bays.
1. Continued (6 to 0, Farrington absent), the request for a Certificate of
Appropriateness, site plan, landscape plan and architectural elevation plan
associated with the conversion of a single family residence to offices and the
addition of 678 sq. ft. of offices at 30 S.E. '1st Avenue. The item was continued
in order to allow the applicant to redesign the parking lot. The Board
recommended that the applicant apply for a variance to allow two back-out
parking spaces to be 20' where 26' is required. Additionally, the Board approved
a waiver reducing the landscape island at the southeastern end of the parking
lot from 5' to 3.5'.
2. Approved with conditions (6 to 0), the request for a Certificate of
Appropriateness for a free standing sign for the MRI Center at 101 N.W. 1st
Avenue.
3. Approved (6 to 0), the request for a Certificate of Appropriateness for exterior
lighting fixtures at l Love Dazzle, 710 East Atlantic Avenue.
4. Approved with conditions (6 to 0), the request for a Certificate of
Appropriateness for wall signs at 11 South Swinton Avenue.
By motion, receive and file this report.
Attachment: Location Map
LOCATION MAP FOR OuL
CITY COMMISSION MEETING
OF APRIL 21, 1998
L-30 CANAL
I~, ~. c::"~ '
,~ IF .......... ;:,
~ Ii ~ LAKE IDA ROAD
? ...... I N.W. 2ND
~ F ......~. ....... _1- ..... ~. !~z
· '" i i <
ATLANTIC JJ ~ _ S.W.
~-, .w-.-
,- ....-.-.-~ i $ /
UNION BOULEVARD
BOULEVARD
I-._.
.................. ~'--%~"~'~1% ..........................
L-38 CANAL C-15 CANAL
CITY LIMITS ........... S.P.R.A.B.' H.P.B.:
A. - SOUTHRIDGE VILLAGE CONDOMINIUM 1. - 30 S.E. 1ST AVENUE
B.- GREEN OWL 2.- 101 N.W. 1ST AVENUE
J MILE I C. - SIRS, INC. 3. - I LOVE DAZZLE
I
I
D. - UNITY SCHOOL OF' DELRAY BEACH 4. - 11 S. SWlNTON AVENUE
SCALE E. - MILAGRO CHILDREN'S CENTER
CITY OF DELRAY BEACH. FL
PLANNING & ZONING DEPARTMENT
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
AWARD OF BIDS AND CONTRACTS
DATE: APRIL 17, 1998
This is before the City Commission to approve the award of the
following bids and contracts:
1. Contract award in the amount of $59,006.00 to Ledbetter
Electric, Inc., for emergency electrical repairs for the
Miller Park Little League Field #1 with funding from
334-4173-572-63.90 (Miller Park Lighting).
2. Purchase award for an estimated annual cost of $30,542.00 to
Ritz Safety Equipment, Inc., via Palm Beach County Bid
#98003-R, for the purchase of safety shoes with funding from
various department's operating expense item 52.22
(Uniforms/Linen Service).
Agenda Item No.:
AGENDA REQUEST
Date: April 16, 1998
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: April 21, 1998
Description of ite~n (who, what, where, how much): Staff requests City
Commission to approve the Contract award to Ledbetter Electric, Inc.. for the
Miller Park Little League Field #1 Emergency Electrical Repairs (98-21). The
work includes the removal and replacement of deteriorated exisiting fixtures,
conduit/wiring and switchgear for Little League Field #1 at Miller Park. Total
costs for the Contract is $59,006.00 with all work being completed by May 15,
1998.
Funding Source is 334-4173-572-63.90 (Miller Park Lighting)
ORDINANCE/RESOLUTIONREQUIRED: YES[NO. DRAFT ATTACHED YES/NO
DepartmentRec°mmendati°n:StaffRec°~sappr°val:~ntractAward't°LedbetterElectric' InC.Head S~gnature.' '
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recon=~endation (if applicable):
/~ Funding available: YE~ NO
~ Funding alternatives ~' ~ _ (if. applicable)
'~'l~ Account No. & Descrip~iond~,x//_g3~?~n~j,~O
~ Account Balance --69
City Manager Review:
Approved for agenda:Hold Until:
Agenda Coordinator Review: Received:
Placed on Agenda:
Action:
Approved/Dis app roved
/agen9821. doc
Memorandum
To: David T. Harden, City Manager
From: Howard Wight, Dep Dir Construction~'~'
Date: April 16, 1998
Re: Miller Park Little League Field #1 Emergency Electrical
Repairs 98-21
Bid Award
Attached for Commission approval is an agenda request for the
Contract award of the above referenced project. The work includes
the removal and replacement of existing fixtures, conduit/wiring and
switchgear for Little League Field %1 at Miller Park.
The electrical system is currently inoperative. The circuit breaker
is continually shorting out causing the lights to shutdown. All of
the existing equipment and fixtures are old and deteriorated.
Remedial replacement of various components has proved unsuccessful.
City staff and our consultant, Dan Thompson, with Thompson
Engineering Consultants agree that any further remedial work without
knowing the cause would not permanently resolve the problem.
Five bids for the work were received on Thursday, April 16, 1998 as
follows:
1) Ledbetter Electric, Inc. $59,006.00
2) Davco Electrical Contractors Corp $64,983.00
3) American Lighting Maintenance $69,816.00
4) Knight Electric Company, Inc. $72,510.00
5} C. R. Dunn, Inc. $73,243.00
Based on review of the bids we recommend award to Ledbetter Electric,
Inc. for this project. Dan Thompson concurs with this recommendation.
Pending Commission approval the work will commence on April 27, 1998
and be completed final by May 15, 1998. Upon completion operational
safety concerns will be relieved and the Little League schedule can
be resumed at night.
Funding Source for the Project is 334-4173-572-63.90 Miller Park
Lighting
File: Memo to City Manager
CC: Richard Hasko
Joe Weldon
Jim Schmitz
Jackie Rooney
9821A
?. F-- /
CITY OF DELRAY ~EACH 024 PO1 APR 10 '98 09:50
DELRAY BEACH
(FAILURE TO DO SO SHALL BE CAUSE FOR ~CTION
OF YOUR PROPOSAL) ®
BID# 98-29 1993
TITL]~:l~iller Park Field #1 Emer~lenc. y Electrical Repairs (P.N. 98-21)
Company Name
*Signature ! '
Name/Title
Address
State Zip code
Telepbone
,Facsimile
VENDOR SERVICE REPRESENTATIVE FOR PLACE~ OF ORDER:
CONTACT
TELEPHONE: (_-~'C~ t ) '7_'-? F~ -'-73 ~"~
P-2
BID FORM
SCHEDULE OF PRICING
BID 98-29
1. TOTAL BID PRICE FOR FURNISHING ALL LABOR, EQUIPMENT, AND
MATEKIALS TO COMPLETE THE MIl.LEK PARK FIELD #1 EMERGENCY
ELECTRICAL KEPAIK PEK THE ATTACHED PLANS SPECIFICATIONS:
2. comiNo~sc¥ ALLowANc~ ~ Ls ss,ooo.oo
3. INDEMNIFICATION 1 LS 10.00
TOTAL Bm PRICE ~F ~'
Dollars
Cents
Variances to the specifications?
P-1
BOUL ~ARO Y
?I. AO~LL'$
Agenda Item No.: gF ~
AGENDA REQUEST
Date: April 15, 1998
Request to be placed on:
Consent
XX R~A~r Agenda Special Agenda Workshop Agenda
When: April 21, 1998
Descriptzon of agenda item (who, what, where, how much): Contract Award -
Purchase of Safety Shoes via the Palm Beach County Bid #98003-R to Ritz Safety
Equipment at a estimated annual cost of $30~542.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Purchase award of safety shoes via the Palm Beach County
Bid #98003-R to Ritz Safety Equipment at an estimated annual cost of $30,542.
Funding from various departments operating expense budKet~ (52.22)
Department Head Signature:~--~-~~/~ ~/~~ _ ~~
Determination of Consistency w mprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funas): ~ e~~ )
Funding available ~____._, NO ;O a~
Funding alternatives~ (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: ~/ NO ~'fi~ !
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: David Harden, City Manager
FROM: Jacklyn Rooney, Purchasing Supervisor
THROUGH: Joseph Safford, Finance Director
DATE: April 15, 1998
SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING
APRIL 21, 1998, CONTRACT AWARD
SAFETY SHOES VIA PALM BEACH COUNTY BID #98003~R
Item Before Commission:
The City Commission is requested to approve the award for the purchase of Safety Shoes for
City Employees to Ritz Safety Equipment at an estimated annual cost of $30,542.
Background:
The City has a need for an annual contract for the purchase of Safety Shoes as stated in Article
#23 of IBF&O Bargaining Agreement, Section 2, Safety and Health, for approximately 189
employees. These shoes are available via the Palm Beach County Bid #98-003/R awarded to
Ritz Safety Equipment. See attached Bid Re-Cap Sheet and award letter to Ritz Safety
Equipment from Palm Beach County.
Ritz Safety Equipment has agreed to extend to the City of Delray Beach the same terms and
conditions of this Palm Beach County Bid per attached letter dated 04/14/98.
The City has purchased safety shoes from Ritz Safety in previous years and the using
departments were very pleased with their service and delivery.
Recommendation:
Purchasing staff recommends award to Ritz Safety Equipment via the Palm Beach County
Contract #98003-R at an estimated annual cost of $30,542. Funding from various department's
operating expense budgets.
Attachments:
Palm Beach County Bid Re-Cap Sheet And Award Letter
Letter To City Of Delray From Ritz Safety Dated 04/14/98
Departmental Surveys For Safety Shoe Requirements
RITZ SAFETY EQUIPMENT, INC.
Pompano Beach, FL 33069
(954) 971-3176
FAX: (954)
April 14, 1998
City of Del~ay Beach
188 N.W. 1st Avmnuo
Attn: Jackim
Del~a¥ Beach, FL 33444
Dea~ Jaekie,
Please be advised that Ritz Safety Equipment will extend the
same terms and ppovisions of the Palm Beach County safety
shoe bid to the City of Del~ay Beach. The peleing ~ill bo
only on the styles of the bid itself. If an employee is
allowed to purchase styles not on the bid, Me would need to
be notified in writing of that decision. Otherwise, they
will only be offered the styles on the bid.
Should there be any questions please do~'t hesitate to
contact me.
Respectfully yours~
Maureon Re.kerr
RITZ SAFETY EQUIPMENT, INC.
~~ March 2, 1998 Form L
Ritz Safety Equipment
1851 North Powerline Road
Pompano Beach, FL 33069
Purchas|ng Department
50 S. Military Trail. Suite 110 Dear Vendor: RE: TERM CONTRACT ~: 98003R
West Palm Beach. FL 33415-3199
(561) 233-1500 This is tO inform you that Palm Beach County Board of County
Commissioners is entering into a Term Contract with your company for
FAX: ($61) 233-1.511
Footwear, Safety, Purchase of (Term Contract) (Re-Bid) based on one
http:l/www, co.palm-beach.fl.us of the following:
[ X ] FORMAL BID # 98-003R/CR
[ ] RENEWAL OF FORMAL BID/RFQ
Palm Beach County [ ] EXTENSION OF FORNiAL BID/RFQ
Board o[' County
Commissioners [ ] WRITTEN QUOTATION #
Burr Aaronson. Chairman [ ] VERBAL QUOTATION PER
Maude Ford Lee. Vice Chair
[ ] STATE OF FLORIDA CONTRACT
Karen T Marcus
[ ] PALM BEACH COUNTY SCHOOL BOARD BID
Carol A. Roberts
Warren H. Newell [ ] OTHER:
MaryMcCarty The term of this contract is 4/1/98 through 3/31/99. The estimated
dollar value is $ 80,000.
Ken L. Foster
The obligations of Palm Beach County under this contract are subject
to the availability of funds lawfully appropriated for its purpose
County Administrator
by the State of Florida and the Board of County Commissioners.
Robert Weisman. IRE.
Palm Beach County Departments will issue hard copy orders against
this contract as your authorization to deliver. All invoices must
reference each unique document number.
If you have any questions, please contact Cindy Roulette at (561)
233-1514.
Patricia M. ~ilrse, CPPO, CPPB, PA
Palm Beach County Purchasing
'A?£qt;atO'p,P°rtw~ity C: Richard Bennett, Risk b~,anagement
Affirmative Actien Employer ' F i 1 e
~ printod on recycled paper
Form I
BID RE-CAP SHEET
BID # ~8-003R/CR TITLE Footwear. Safety. Purchase of BUYER Cindy
(Term Contract) (Rebid)
SUPERSEDES BID # ~5-010
DATE INITIALS DATE INITIALS
IFB APPROVED 01/16/98 PW M/WBE EVAL. RETURNED 2/17/~8 CR
GOALSETTINGMEETING 10/29/97 PW DEPT. EVAL. RETUR1TED 2/13/98~R~~i~
NEWSPAPER ADVERTISING 01/11/98 NG POSTING APPROVED =~'~-~ '. ~_,-
SITE INSPECTION N/A COPY TO SPEC. PROJ. COORD.
PRE-BID CONFERENCE N/A DATE/TIME BID POSTED
BID OPENING 02/05/98 CR DATE/TIME BID REMOVED ~-~-
RECAP TO M/WBE & P.A. %-Z-~' ..
IF TERM CONTRACT GENERATED: TERM 4/1/98 TO 3/31/99 . EST. A/~NUAL USAGE: $80,000,00
LIST BIDDERS FROM TOTAL CHECK IF RECOMMENDATION
LOWEST TO HIGHEST OFFER CERTIFIED "KEY" ONLY
M/WBE
Ritz Safety Equipment $2,336.00 X ( 1 )
Iron Age Corporation $2,463.84 ( 2 )
Lehigh Safety Shoe Company $3,065.45 ( 2 )
C & B Industrial Safety Products $3,162.55 X ( 4 )
Tony's Tool Box $3,315.00 ( 4 )
$ ( )
$ (
$ ( )
KEY(S) FOR RECOMMENDATION:
(1) RECOMMENDED AWARD
(2) ELIGIBLE FOR AWARD, BUT NOT LOWEST BIDDER
(3) BID REJECTED (SEE REMARKS)
(4) BID RESPONSE NOT EVALUATED
RECOMMENDED AWARD TO CERTIFIED M/WBE? YES X NO
IF NO TO ABOVE, RECOMMENDED BIDDER RESPONSIVE TO M/WBE REQUIREMENTS? YES NO
IF YES TO ABOVE, TOTAL DOLLAR VALUE OF M/WBE pARTICIPATION: $80,000. CATEGORY:
DOES EVALUATING DEPARTMENT CONCUR WITH RECOMMENDATION? YES X NO
REMARKS: Award to 1OW b~dder Ritz Safety. Equipment.
*THE FOLLOWING HAS BEEN PROVIDED AS PART OF THE AWARD PROCESS:
CERTIFICATE OF INSURJ%NCE, IF REQUIRED
) PERFOR/W3%NCE AND PAYMENT BOND, IF REQUIRED
DEPOSIT/BID BOND, IF REQUIRED
CERTIFICATE OF COMPETENCY, IF REQUIRED
) RELATED LICENSES AND PERMITS, IF REQUIRED
WARRANTY INFORMATION, IF REQUIRED
QUALIFICATION OF BIDDERS INFORMATION, IF REQUIRED
[lTV (IF DELRI:IV BEI:I[H
DELRAY BEACH
~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
AII-AmericaCity
1993 TO: David T. Harden
City Manager
FROM: /~obert A. Barcinski
Assistant City Manager
DATE: April 17, 1998
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING APRIL 21. 1998
SPECIAL EVENT REQUEST - "DEL RAGIN' SUMMER SPLASH"
ACTION
City Commission is requested to approve a request from Paragon Events to hold
the Del Ragin Summer Splash on June 6th and 7th, to grant a temporary use
permit per LDR's Section 2.4.6 (H) for the use of N.E. 2nd Avenue from Atlantic
to N.E. 1st Street, and Railroad Way from N.E. 1st Street south to the east - west
alley, to waive LDR's Section 4.6.7 (D)(3)(j)(ii) to allow event signage to be set
up more than one week before the event, to approve City staff support for
security and traffic control, barricade set up and removal and clean up, and use
of City stages if needed.
BACKGROUND
Attached is a request from Paragon Events seeking approval for the Del Ragin
Summer Splash to be held June 6th, 11:00 a.m. to 8:00 p.m., and on June 7th,
11:00 a.m. to 6:00 p.m. The location of the event would include Ocean Cities
property, the CRA lot between N.E. 1st and 2nd Avenue, and N.E. 1st Avenue
from Atlantic to N.E. 1st Street, as well as the north portion of the Railroad Way.
The event organizers will provide port-a-lets, trash receptacles, assistance with
clean up, and will be responsible for other costs associated with the event.
They are requesting City staff assistance for security and traffic control,
barricade set up, removal and clean up, sign and banner installation. The Fire
Department is recommending that an ALS crew be assigned to this event. An
estimate of the overtime costs for staff services is about $4,000.
THE EFFORT ALWAYS MATTERS
Printed on Recycled Paper
Agenda Item
Del Ragin Summer Splash
Page #2
April 17, 1998
A copy of the certificate of insurance is attached. The cost of stage rental for the
large stage and single stage is approximately $2,100.00.
RECOMMENDATION
Staff recommends approval of the event, the temporary use permit, the sign
code waiver request, and City staff support as requested. We recommend that
the event sponsor pay for all overtime costs.
RAB/tas
File: u:sweeney/agenda
Doc:041598a.doc
RECEIVED
~/~g~~ APR 1 7 1998
ASSISTANT
CITY MANAGER
PARAGON EVENTS
A. MEETING AND SPECIAL EVENTS F~RM
Apfil17,1998
Mr. Robert A. Barcinski
Assistant City Manager
City of Delray Beach
100 NW 1 st Avenue
Delray Beach, Florida 33444
Dear Mr. Barcinski:
Enclosed please find REVISED information as requested in your February 3, 1998 letter,
concerning the 1st Annual Delray Seafood Festival to be held on Saturday and Sunday,
June 6 and 7, 1998, produced and operated Paragon Events, Delray Beach in conjunction
with Clear Results Marketing. The new name of the event is DEL RAGIN' SUMMER
SPLASH.
1. Detail description of the boundaries of the event site: The event site will
include NE 2"a Avenue, the CRA parking lot located between those avenues, thc
Ocean City Lumber Company property and Old Railroad Road. Final authorizations
arc completed with CRA and Ocean City Lumber, awaiting approval of the event.
2. Letter requesting waiver to permit alcoholic beverage consumption on City
streets: Letter attached.
3. Letters from CRA, and Ocean City Lumber Company approving use of their
sites: Letters attached.
4. Letter requesting waiver of noise ordinance for music: Letter attached.
5. Request for Police Security: We are requesting the use of Delray Beach Police
officers for security during the event. We have spoken with Lt. Marc Davis to discuss
specific needs.
6. Request to use and barricade streets: We are requesting the use of NE 2"a Avenue,
and would request that the barricades be placed at the north intersection of Atlantic
Avenue (not to include Atlantic Avenue), and at the south intersection of NE 1st
Street, (not to include NE 1st Street). We would also request that Railroad Way be
closed from north of the alley to NE 1st Street, at the eastern boundary of Ocean City
Lumber Company. Street closures need to be in place by 9:00 AM on Saturday, June
352 Northeast Third Avenue * Delray Beach, Florida 33444
(561) 243-3073 · (800) 711-5548 · Fax (561) 274-4849 · Internet http://www, paragon-events.com
7. Request for city crews for cleanup and trash receptacles: We will provide trash
receptacles and basic cleanup during the event, however we would request an estimate
for a city crew to provide cleanup at the close of thc event on both Saturday and
Sunday, June 6 and 7. Timing schedule will need to be discussed with your staff.
8. Event Timing: The Dc1 Ragin' Summer Splash will be held on Saturday, June 6,
from 11:00 AM to 8:00 PM and on Sunday, June 7, from 11:00 AM to 6:00 PM.
Setup time would begin on Friday, June 5 at 12:00 noon.
9. Request for Port-O-Lets: Paragon Events will provide the necessary port-o-
lets, locations to be determined.
10. Payment for city_ services and overtime: Paragon Events will provide
payment for all services required of the city and other vendors.
11. Request for use of city stages: Thc details for stage needs are still being negotiated,
however we will forward a request if nccdcd as soon as possible.
12. Signage requests: We would request a waiver of the event signage timing be
lifted in order for thc event signs to be in place 2-3 weeks prior to the event. We
would also request the usage of the lamp posts to display banners at thc intersections
2-3 weeks prior to thc event.
Please find enclosed a copy of our insurance policy, listing the city as additional insured
for the event.
Bob, it is our intention that this Del Ragin' Summer Splash event be a win-win for all
involved. Our plans are to donate a portion of the proceeds to the Downtown Joint
Venture as well as the Pineapple Grove Mainstreet organizations.
Best Reg~
Re~ee D. Christiansen
Paragon Events
352 Northeast 3rd Avenue · Delray Beach, Florida 33A~{ · (561) 243-8177 · Fax (561) 243-9086
PARAGON EVENTS
A MEETING AND S]PECIAL ]gVENT$ FIRM
April 17, 1998
Mr. David T. Harden, City Manager
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
Re: REVISED Waiver - DEL RAGIN' SUMMER SPLASH - June 6 & 7, 1998
Dear Mr. Harden:
Paragon Events is requesting a waiver of amplified music, per City Code 99.06 ( c ) and
for the consumption of alcohol beverages on public property, per City Code 113.02 ( b )
for Saturday, June 6, 1998 from 11:00 AM to 8:00 PM and Sunday, June 7, 1998 from
11:00 AM to 6:00 PM. The Del Ragin' Summer Splash will be held in the areas of NE
2"a Avenues, the CRA parking lot located between those avenues, the Ocean City Lumber
Company property and Railroad Way. Street closing will take place at NE 2na Avenue
and we would request that barricades be placed at the north intersection of NE 1st Street
(not to include NE 1 st Street). The alcoholic beverage waiver is for NE 2na Avenue on
Atlantic Avenue as well as the CRA parking lot and Railroad Way
Your consideration of this request is appreciated.
Sincerely,
Paragon Events
RDC:kr
cc: Robert A. Barcinski
352 Northeast Third Avenue · Delray Beach, Florida 33444
(561) 243-3073 · (800) 711-5548 · Fax (561) 274-4849 · Intemet http://www, paragon-events.com
PARAGON EVENTS
A MEETING AND SPECIAL 'I:¥ENI'S FIRM
April 17, 1998
Mr. David T. Harden, City Manager
City of Delray Beach
100 NW 1 st Avenue
Delray Beach, FL 33444
Re: REVISED Waiver - DEL RAGIN' SUMMER SPLASH - June 6 & 7, 1998
Dear Mr. Harden:
Paragon Events is requesting a waiver of the consumption of alcoholic beverages on
public property, per City Code 113.02 ( b ), from 11:00 AM to 8:00 PM on Saturday,
June 6, 1998 and 11:00 AM to 6:00 PM on Sunday, June 7, 1998 for the Del Ragin'
Summer Splash. We request that the waiver include the condition that only plastic and
paper cups be used for beverages, not glass. This event will cover the area of NE 2na
Avenues, the CRA parking lot located between those avenues, and up to the west side of
Ocean City Lumber Company and Railroad Way.
Your consideration of this request is appreciated.
Sincerely, ~
D. CHRISTIANSEN
Paragon Events
RDC/kr
cc: Robert A. Barcinski
Chief Richard Overman
Lt. Mark Davis
352 Northeast Third Avenue * Delray Beach, Florida 33444
(561) 243-3073 · (800)711-5548 · Fax (561)274-4849 · Intemet http://www, paragon-events.com
~P~IES AF~RDI~G COVE~G~
P~OO~ ~VENT$ INC ~/OR C~any lett~' B
&/OR CUb~BIA COLb~CTION C~pany letter C
352 NE lid AV~NU~ Company letter O
DEL~Y BBACII FL 3344~
~pany le~tcx ~
~V~OgS This is tO certify that ~lici~e of insures listed ~low hsve been issued to the
lnsu:ed ~amed a~ve [or ~he policy period ~ndicated, notwithetmlding a~y ~e~irement.
terq~ Cz ~ondiLion ct any contract o~ other d~ument w~th r~e~ct ~o whtFh,t~ie ~er~igie~e ~y
~ is~ue~ or ~y pertain, th~ insurance a[fo~'ded by the ~licice ae~crioea n~'ein. Is suole~t .to
all ti~e terms, e~cluoiol~S ana Conditions of such ~olicies. bimi:e sno~ may nave ~en
by paid claims
T~e of Iasurance Policy number Sffectlve ~xpire ~b LINITo IN
.......................... I ............... { ......... { ........ { .............................
9ENE~L blA}IblTY ~neral a99rege~e; ..... {2,000
X co~e~cial Getters1 blab. B01670420701 7-14-97 ?-14-98
Claims made operations aggregaCe.. ~1. 000
X O~ct,[-ence Perlontl &
adverLleing tnJu~r... S
- p~oLect tva ~h ~cu~:ence ........
~ir~ da~9C [any
- one : t tel .............
- ~lcal expense {any
......................................... _ -~~ ~ .........
_ ,.to ...........................
owned ~tos t:; ~ (~r pS~soni
- Hi~d autos I~.E PROTECTION[ OF THE ~ORIDA .............................
- ~on owned autos [NS~ANOf O~A~ANIY ACT{TO ~[ Sodii~ Intur7
- Garage liability ExTE~ANY~IGHT~~RYFO~ (per accident)
- T~E O~I~ATION )F ANY IN; ~OLVENT ~roperty damage
............................ ,~e[~O M~R1 R: .............................................
~rella form
- ~[le~ than u~i-clla (otto ~
~RKGRS' C~NSAT I~ Statutory
$ {eactl accident)
ENPI,OYER~' bIABILITY $ (disease-each empl.)
tscription ot opcrat iono/loc~tions/vehlcles/epeci~l items
~SNTIO~ p~INO ·
~RTIFICA~ HO~R blgTED ~
~ITION~b ZNgU~ED
' D I,RAY ~CH the ieluin~ com~a~ will e~eavot to m~il 30* d~xs written
.I~ O~ K B . de: ~ed to the le[C ~ut failure
~': ROB[S~ A, ~CI~S~I ~t~ce to ~he certtficet~ hol . ,
)~LR~Y BEA~I ~I, 33444 any Ai~Q ~On the c~any, i~B agent8 o~ ~pzeoent~c~ve~.
03/05/1998
I~II~~ll~
I~~/~iil
See
03/05/199B 17:15 95497~89A OUR FAX IS ALWAYS ON PAGE 83
o~
~.m~o.~ City Of Delray Beach ~oc~. De,ray Bch
~s~x 100 N.W. 1St Avenue ~, June 5,6,7
~ Delray Beach, ~ 33444 ~, 1998
~ aTTN:A~si~tant City Manager ~,~ Seafood
~ Robert A. ~arcin~ki __ ~ Festival
~c~ ~* ~food Festival ~,
Adding City of Delray Beach as listed above for a Seafood Festival held in
town on June 5th(Setup), June 6th & 7th (Event dates). The cost for adding
this Additional Insured is $50.00 + $2.50 (Taxes)tS52.50.
'~--~- - I nsu re~'-~ .... ~'/~~ Agent ~*~*-,~161
MEMORANDUM
TO: Hoyt Owens, Deputy Director Of Public Works
FROM: Robby Pentz Traffic Operations Supervisor
DATE: 4/01/98
SUBJECT: SEAFOOD FESTIVAL COMMENTS AND COST ESTIMATES.
We can barricade offN.E. 1st AVE. and N.E. 2nd AVE. on Saturday June
6th 1998 by 8:00 am this should give vendors time to set up before noon
when event opens.
We will come in Sunday June 7th 1998 at 8:00 pm to help parks clean up
and open the streets as soon as possible.
COST BREAKDOWN:
4 X 4 SIGNS 16 hfs REG.
BANNERS 8 hrs REG
BARRICADE
SET UP/TAKE DOWN: 8 hrs O.T.
REF: RP/04/07/98A.MEM
RECEIVED
SPECIAL EVENT APR I) 8 1998
REPORT FORM ASSISTANT
CITY MANAGER
TO: Robert A. Barcinski, Assistant City Manager
THROUGH: Hoyt Owens, Deputy Director of Public Work. ~~~/~~
FROM: Robby Pentz, Traffic Operations Supervisor
DATE: 4/07/98
SUre,CT: DELRAY SEAFOOD FESTIVAL ( COST EST. )
LABOR AND BARRICADE RENTAL.
JUNE 6 - 7,1998
I. Labor
a) Regular Time
24 hrs. x $12.17 ave. wage = $ 292.08 + .3 benefit multiplier ~ $ 87.62 = $ 379.70
b) Overtime
8 hrs. x $18.25 ave. wage = $146.00 + .3 benefit multiplier @ $ 43.80 = $189.80
Total Total Total Total
Regular Hours Overtime Hours Other Hours Volunteer Hours
24 8
III. Billable Items
(list items and totals billable per City Commission action).
City Of Delray:
30 Type II barricades ~ .55 x 2 days = $ 33.00
12 Type III barricades ~ $2.20 ea. per day = $ 52.80
Arrow Board ~ $44.00 ea. per day =
Bobs Barricade Rental:
Type I Verticals
Type II Barricades
Type III Barricades
Arrow Board
RP/sdl
REF: RP/SPECIAL.BLK/4/7/98
RECEIVED
APR 0 9 199B
[ITY OF DELRflY BEFI[H
CITY MANAGER
FIRE DEPARTMENT SERWNG DELRAY BEACH · GULFSTREAM o HIGHLAND BEACH
DELRAY BEACH
All. Ame~ca City M E M 0 R A N D U M
TO: ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER
1993
FROM: JOHN TOMASZEWSKI, ASSISTANT FIRE CHIEF
DATE: APRIL 7, 1998
SUBJECT: 1 ST. ANNUAL DELRAY SEAFOOD FESTIVAL
I have reviewed the letter from Paragon Events and spoken with Vanessa Moraitis about
this proposed event. Based on the estimated number of people expected to attend this event, I am
recommending that an ALS crew be assigned and dedicated to the event site. A Special Event
Report Form with cost estimates is attached.
John Tomaszewski
Assistant Chief
cc: Robert Rehr, Fire Chief
FIRE DEPARTMENT HEADQUARTERS o 501 WEST ATLANTIC AVENUE ° DELRAY BEACH, FLORIDA 33444
(561) 243-7400 · SUNCOM 928-7400 ° FAX (561) 243-7461
Printed on Recycled Paper
SPECIAL EVENT
REPORT FORM
TO: ROBERT A. BARCINSKI
ASSISTANT CITY MANAGER
FROM: JOHN TOMASZEWSKI
ASSISTANT FIRE CHIEF
DATE: APRIL 8, 1998
SUBJECT: 1 ST. ANNUAL DELRAY SEAFOOD FESTIVAL
I. Labor
A. Regular Time (total hours X average hourly rate X .3 benefit multiplier)
B. Overtime (total hours X average hourly rate X .3 benefit multiplier)
$1.326.00
C. Other (total hours X average hourly rate)
D. Volunteers (total hours)
Total Total Total Total
Regular Hours Overtime Hours Other Hours Volunteer Hours
34
II. Equipment/Facility Use
Rescue Vehicle*
17hours X $21.00/hr. = $357.00
TOTAL 5;1,683.00
* If a reserve Rescue Vehicle is not available, we will use our golf cart.
04/15/98 11:56 FAX 561 243 781~ .... DELRAY BEACH POLICE DEPT ~001/001
RECEIVED
DELR. AY BEACH POLICE DEPARTMENT AP[~ 1 5 1998
MEMORANDUM
'~'SSISTA
CITy ~,~--.. NT
'w,'~NAGER
TO: Robert A. Barcinski
Assistant City Manager
FROM: Lieutenant Mark Davis "'~o~9
Special Operations Section, District 1
DATE: April 14, 1998
SUBJECT: ESTIMATE/DELRA¥ SUMMER SPLASH 6/6 ~/7/98
I. Labor
a) Regular Time
Total hours x average hourly rate x .3 benefit multiplier None
b) Overtime
! 10 hours x $32.00 hour x .3 benefit multiplier $4,576.00
c) Other
Total hours x average hoarly rate x .3 benefit multiplier None
d) Volunteer
Total hours x average hourly rate x .3 benefit multiplier None
Total Total Total Total
Re_~alar Hours Overtime Hours Other Hours Volunteer Hours
110 0 0 0
This estimate is based on four (4) officers and one (1) supervisor working at the $20/hr
detail rate from 1100-2100 hours for two (2) days.
MD:baw
xc: Major Schroeder
Captain Gillard
RECEIVED
SPECIAL EVENT APR I 3 1998
REPORT FORM ASSISTANT
CITY MANAGER
~,~ Assistant C_ity Manager ~co~ 02,,.c~ ROM: Tim Simmons
Assistant Parks Superintendent
DATE: 4/8/98
SUBJECT: 1ST ANNUAL DELRAY SEAFOOD FESTIVAL [ est. hrs.]
1. Labor
A. Regular Time: Number of Employees 0 hours worked 0 =
total employee hours Ox average hourly rate $10.64 x
1.3 benefit multiplier = 0
B. Overtime: Number of Employees _5 hours worked 6 =
total employee hours 3___~ average hourly rate $17.63 x
1.3 benefit multiplier = $687.57
C. Volunteer: Number of Volunteers total hours
D. Other:
E. Total Regular hours: 0 - Total Cost: 0
F. Total Overtime hours: 30 Total Cost: $687.57
G. Total Volunteer Hours:
H. Total Other:
2. Equipment / Facility use
A. Equipment: Rate:
B. Facility: Rate
3. Total Cost for all: $687.57
NOTE: COST FOR SMALL STAGE IS $265.00, IF USED SEPARATELY COST IS $530.00
LARGE STAGE COST IS $1,590.00. THESE PRICES DO NOT INCLUDE SET UP FOR
EITHER STAGES OR COST OF TRASH BOXES OR LINERS.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY Mg2XlAGER~
SUBJECT: AGENDA ITEM # ~- REGULAR MEETING OF APRIL 21, 1998
FINDING REQUEST/OLYMPIC HEIGHTS PROJECT GRADUATION
DATE: APRIL 16, 1998
We have received the attached request from Olympic Heights
Community High School for financial assistance with Project
Graduation 1998 at that school. You will recall that the
Commission previously agreed to appropriate $500 from your
Special Events contingency budget for Project Graduation at
Atlantic High School.
Based on the relative numbers of Delray Beach students at
Atlantic and Olympic Heights, I recommend that the Commission
approve an appropriation of $200 for Project Graduation at
Olympic Heights Community High School.
ref:agmemo6
Corporate fr~.end,
Olympic Height,~ Hish School, located in Coca Raton, Florida,
~4~11 ~jraduate ~ dedicated 9r'oup of young ladies and gentlemen on
June 5, 1998. To honor' these students, a committee of junior and
senior parents has been formed to plan PROJECT GRADUATION 1998.
F'ROJECT GRADUATION Js held on graduation night which :is one
of the deadliest nights roY- this age group or~ the high~4ays of
Florida. Ne want to offer our SeEi0~'a 8 safe, non-drJnking~
drug- f~'ee, ~el l-chaperoned environment On their last night
togethe¥ as a class. This fun-filled evening begins at 10 p.m. on
Friday, June 5th and ends at 5 a.m. %he following morning. .Music,
food, games, and prizes Nilt be shat'ed b7 all attending Sen~ors on
t. be campus o~ Olympic Heights.
To make thi~ event ~ ~ucc6ss, w~ n~ed YOUR hel~. ~e ~ould
9)-eatlw appreciate wour contributior, iI'] a monetarW or product
form. Howeve~ you. choose to assist, will csrtair~ly enhaBQe out
senior night. With a donatior~ of $250 o¥' fnore your company's name
~ill be proudly displayed on ou~' sponsor boat-d located in front of
the high school.
p l~a:se ~end womb' c:on~r i~ut ior~ to PROJ~!C]' GRP~OUAT ION c/o
Olympic PIe~ghts High School , at the address above. Our success
depends on the 9e~%eTosity of bt~s~nesses like yours. Whether you
have supported ot]r school ir~ the past or you a~'e contributing for
the first time, we 14ant to exp¥"ess our sincerest ¢pprecistion and
say "Thank You" for any donation you ma>, give.
Please help us make PROJECT GRADUATION 1998 8 truly special
event and 3Din us in wishing our new graduates, "GOOD LUCK IN YOUR
FUTURE ~"
Sincerely,
F'hwl 1 is ~tler
Fund-Raisin9 .Chairperson
Project Sraduat. ion 1998
If you have any questions, please feel free to contact me at (561)
482-5149.
Building Unity and Academic Excelle.ce Through Self-Discipline in a Caring En~,ironment
[ITYDELIlI:IY IIEI:I[H
DELRAY BEACH
' '* CITY CLERK
Ail-America City
~ ~93 Ms. Phyllis After
Project Graduation 1998
Olympic Heights Community High School
20101 Lyons Road
Boca Raton FL 33434
Re: Funding Request for Project Graduation 1998
Dear Ms. Atler:
We have received your request for financial assistance with Project Graduation at
Olympic Heights Community High School. Any contribution would have to be
approved by the Delray Beach City Commission, so the request needs to be scheduled
for consideration at an upcoming meeting.
We have tried reaching you by telephone, but have been unable to contact you. The
next regularly scheduled City Commission meeting will be held on Tuesday, April
21, 1998, at 6:00 p.m. in the Commission Chambers at the Delray Beach City Hall.
Please let us know if this is a convenient date. If not, we will work with you to
arrange a mutually convenient time.
Please contact Nilza Madden at 561/243-7059 to make the necessary arrangements.
Sincerely,
Alison ~acGr~gor~arty
City Clerk
AMH/nm
cc: David T. Harden, City Manager
Nilza Madden, Executive Assistant
Oraduation.nm
THE EFFORT ALWAYS MATTERS
printed (~ Recycled Pa~e,
We have received the attached request from Olympic Heights Community High School
for financial assistance with Project Graduation at that school. You will recall that the
Commission previously agreed to appropriate $500 from you Special Events
contingency budget fro Project Graduation at Atlantic High School.
Based on the relative numbers of Delray Beach students at Atlantic and Olympic
Heights, I recommend that the Commission approve an appropriation of $200 for
Project Graduation at Olympic Heights Community High School.
Re/MA×ruNe i IPh~ I I i~ AS. let 1 40? 4880111 P. 01
Project GraduatJon is .an
thout the danger of drin ng, drMng ..... :
..... "~ .'" ,:sAFE CELEBRATIONS
graduating seniors a safe
way to celebrate, i :.:
By Jill Klein ~l .~6odbY, 488~13,?.5,.:Linda.Edsofl, F°restmeadows Park,~l 1 p.m.-6 a.m..- '-
SPECIAL TO mE DEMOCRAT MAY;30.' ...: '~ i ..... .
i~l :;Leen;~197.1.~ Nan Stowell, FSU .L~ch Center, 11 p.m.;6 a.m. May
It's not enough that parents of 30;:? ,~. :;
high school seniors must think
about senior pictures, graduation
requirements, prom, college appli-
cations, acceptance letters, schol-
arship applications and.more. They ' .~ '
must also think about keeping their Fot-est~'~.~
children safe and happy on gradua- .-:::.i:::;-- I~rk;~to'-bea~'~::~.':~ . ?
tion night.
Project GraduatiOn is designed
to keep students safe and well. It is Park, 11 p,m.:6 a.m.
a fun-filled, substance-free, all-night ,
party following graduation. So now, . ....:..~.:::~?: ~ ..........
t
as seniors are beginning to plan
their own graduation night celebra- and driving accidents on their principal but planned and or, ga-
tions, help them plan for a night of graduation night, nized by parent volunteers. ,
safe fun with no drinking and no Prior to 1984, after-graduation Without the help of the ,~I'Ip
driving at Project Graduation. 'parties were often at the beach, group, parents now must raise', th~
where students would toast to their money, make all the plans, arrange
success and then drive that long for door prizes, games, food ',and
road back to Tallahassee. That decorations. ,
year, the first local Project Gradu- Salaries for the school resou~rc~
ation was sponsored by Tallahas- ~fficers are paid through Leo~
see Informed Parents, a drug '
County Schools' Inter-divisional
· : .... .. awareness group that has since Support Services. Leon Couhty
disbanded. SchOols' Safe & Drug Free Sch6ols
Each Project Graduation starts After that first Project Gradua-: grant contributes money to eacfi
late in the evening after' gradua- tion, Culpepper took the idea state- high school in the district for faa:iii;
tion and ends at 6 a.m. The stu- wide and trained parents in 11 cit- ty rental. · ,
dents are .~'locked-in" and can't ies and wrote a manual for parents . Whether or not you have
leave unless a parent is called and to help plan their event.,.}~7 child graduating from high scl~ool
permission is given for the child to '
leave. Since Culpepper ·began, the next month, your help is needed.. If
The Leon County Sheriffs De- number of project Graduation you. have a graduating senior,
partment school resource 'officers events has increased so. that now courage., them 'to . attend Project.
maintain security for thegraduates almost every Florida 'COmmunity Graduation and d~scourage other
during the party. · has one for its seniors. Culpepper grad-night party arrangemen~.~
Fourteen years ago, Pep Cul- con~tinUes to participate in the local Let's all pitch in and m,ake
pepper and- Ley Pichard, along 'project. by meeting with the new graduation 1~8 a happily memo. ra-
with Other supportive parents, .parent volunteer' coordinators to ble time for all our young graklu-
planned the first Project Gradua- review the manual and 'offer ates by supporting Project Gradha-
tion in Leon County for Leon High advice.. . tion. If you have time, .money,
School. Both women had-children · :Project Graduation events are prizes,' . or just ' encouragem~: t,
graduating from Leon High and being planned for seniors at Godby, please contact the event chmr-
had heard about Project Gradua-: Leon,. Lincoln and Riekards .high ,persons at our. local schools.
ti0n on :'Good Morning America", schOOls as well.as at Maclay, Flori- JillM. Klein, ILN., is a nursing
~(I'he idea came from a COmmu-' da State University' School and program specialist with Leon
niB/in Maine where several young North Fl0rida Christian. The- proj- County Schools' Health.Services
people had been lo~t in drinking ect is endorsed by each school Department
[ITY DF DELRRY BEAgH
DELRAY BEACH
100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
~JI.lmerica C~
1993
April 28, 1998
Randy Whitfield, P.E., Director
Metropolitan Planning Organization of
Palm Beach County
160 Australian Avenue, Suite 201
West Palm Beach, FL 33406
Re: ISTEA Grant Request for West Atlantic Avenue (Delray Beach
Community Redevelopment Aqency)
Dear Mr. Whitfield:
The purpose of this letter is to certify that the City of Delray
Beach will provide the maintenance for the ISTEA project
submitted on behalf of the Delray Beach Community Redevelopment
Agency. This project provides for the enhancement of the project
area on West Atlantic Avenue with pedestrian and beautification
improvements.
By formal action of the City Commission on April 21, 1998, the
City of Delray Beach agrees to maintain the plantings and
hardscape improvements in perpetuity.
Thank you for your assistance in this matter.
Sincerely,
David T. Harden
City Manager
DTH/amh
cc: Community Redevelopment Agency
THE EFFORT ALWAYS MATTERS
Pr/nted on Recycled Paper
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # ~'- REGULAR MEETING OF APRIL 21, 1998
CRA APPLICATION FOR ISTEA FIRYDING FOR WEST ATLANTIC
AVENUE
DATE: APRIL 17, 1998
At the April 14th workshop, Shelley Treadwell with the CRA
presented an overview of planned improvements to West Atlantic
Avenue proposed to be funded through a 1998 ISTEA (Intermodal
Surface Transportation Efficiency Act) grant award. The grant
application is being prepared by the CRA and will be submitted to
the Metropolitan Planning Organization (MPO) by May 1, 1998.
After discussion concerning the restrictions imposed by the MPO on
the dollar amounts and number of grants allowed per applicant per
funding year, it was the consensus of the Commission to support
the CRA application.
The request before the Commission at this point is threefold; (1)
to serve as the project sponsor and sign the application; (2)
authorize a letter certifying that the City will assume
maintenance responsibility for the improvements post-installation;
and (3) to sign the grant agreement if the grant is awarded.
Ms. Treadwell advises she is working on the project costs along
with the application budget, and will be able to provide the final
proposal numbers either prior to or at the April 21st meeting.
I recommend that the City support the CRA's application as
requested.
ref:agmemol4
Community
Redevelopment
· Agency
Delray Beach
MEMORANDUM
DATE: April 3, 1998
TO: David T. Harden, City Manager
City of Delray Beach
FROM: Shelley Treadwell, Economic Development Manager
Delray Beach Community Redevelopment Agency
RE: Request for inclusion on City Commission Agendas for 4/14 and
412'! regarding the CRA'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 CRA 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 Florida 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
April 21, 1998
Mr. Randy Whitfield, P.E.
Director
Metropolitan Planning Organization of Palm Beach County
160 Australian Avenue, Suite 201
West Palm Beach, FL 33406
Dear Mr. Whitfield:
The purpose of this letter is to certify that the City of Delray Beach will provide the
maintenance for the ISTEA project submitted on behalf of the Delray Beach Community
Redevelopment Agency. This project provides for the enhancement of the project area
on West Atlantic with pedestrian and beautification improvements.
The City has agreed to maintain the plantings and hardscape improvements in
perpetuity.
Thank you for your assistance in this matter.
Sincerely,
David T. Harden
City Manager
WEST ATLANTIC BEAUTIFICATION PHASE II
DETAILED BUDGET INFORMATION
DESCRIPTION ESTIMATED COST
100-300 Block 400-500 Block TOTAL
Nodes and Drainage $80,500.00 $50,400.00 $130,900.00
Concrete Paver Sidewalks $37,000.00 $14,500.00 $51,500.00
Concrete Paver Crosswalks $52,200.00 $37,200.00 $89,400.00
Pedestrian Signals and Controls $0.00 $O.00 $0.00
Street Lights & Electrical $64,200.00 $38,000.00 $102,200.00
Mobilization $30,000.00 $15,000.00 $45,000.00
Maintenance of Traffic $22,500.00 $11,000.00 $33,500.00
Landscaping $36,696.00 $0.00 $36,696.00
Irrigation $1,840.00 $0.00 $1,840.00
Professional Services and Contingencies $64,987.20 $33,220.00 $98,207.20
Inflation $19,496.16 $9,966.00 $29,462.16
TOTAL BUDGET $409,419.36 $209,286.00 $618,705.36
PK® 3 Qi'3
4. Project Cost:
What is the total estimated cost of the work requested to be funded as an enhancement project through this application?
Planning Activities. $
Project Development and Environmental Studies. $
Engineering and Final Plans Pre. para!ion Work. $ 4 ~, i 03.60
Right of Way Acquisition. $
Construction. $ 569,601.76
Construction Engineering and Inspection Activities. $
Other. (Describe) $ ' '
TOTAL: $ 6 ! 8,705.36
How will the project be funded?
Federals 500,000 .+CR~;$ !!8,705.36 =Totals 618,705.36
Federal 80.8 %C4. RA 19.2 %= 100 %
CERTIFICATION OF PROJECT SPONSOR
I hereby certify thatthe proposed enhancement project herein described is supported by The C i ty o £ De 1ray Beach
(municipal. county, state, federal agency, or tribal council name)
and that said entity will (1) provide the required funding match; (2) enter into a maintenance agreement with the Flodda Department
of Transportation; (3) comply with~the Federal Uniform Relocation Assistance and Acquisition Polities Act for any Right of Way
actions required for the projects; and (4) support other actions necessa~ to fully implement the proposed project. I further certify that
the estimated costs included herein are reasonable and understand that significant inl~eases in these costs could cause the project
to be removed from the Flodda Department of Transportation work program.
CITY DF DELRIIY BEACH
DELllAY BEACH
100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
~ll.~b.erica City
1993
April 28, 1998
Randy Whitfield, P.E., Director
Metropolitan Planning Organization of
Palm Beach County
160 Australian Avenue, Suite 201
West Palm Beach, FL 33406
Re: ISTEA Grant Request for West Atlantic Avenue (Delra¥ Beach
Community Redevelopment Aqenc¥)
Dear Mr. Whitfield:
The purpose of this letter is to certify that the City of Delray
Beach will provide the maintenance for the ISTEA project
submitted on behalf of the Delray Beach Community Redevelopment
Agency. This project provides for the enhancement of the project
area on West Atlantic Avenue with pedestrian and beautification
improvements.
By formal action of the City Commission on April 21, 1998, the
City of Delray Beach agrees to maintain the plantings and
hardscape improvements in perpetuity.
Thank you for your assistance in this matter.
Sincerely,
David T. Harden
City Manager
DTH/amh
cc: Community Redevelopment Agency
THE EFFORT ALWAYS MATTERS
Printed on Recycled Paper
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY blANAGER~0/~
SUBJECT: AGENDA ITEM # ~ ~ - MEETING OF APRIL 21, 1998
APPLICATION FOR ISTEA FUNDING FOR SIDEWALKS IN T.C.E.
AREA
DATE: APRIL 17, 1998
This is a request to approve and authorize the Mayor to submit an
application to Metropolitan Planning Organization (MPO) for ISTEA
Transportation Enhancement Program, Year 5, funds.
The funding request is for sidewalk improvements in the T.C.E.
area and are part of the City's long range downtown pedestrian
network. The City is seeking $170,000.00 in ISTEA Enhancement
Funds for FY 2002/03 with a City commitment of $25,500.00 in
matching funds in FY 2002/03.
Recommend approval and authorization for the Mayor to submit an
application to MPO for ISTEA Transportation Enhancement funds for
FY 2002/03 in the amount of $170,000.00.
561-245-7314 ENGINEERING DEPT ??3 P03 APR 17 '98 12:09
Agenda Item No. ~__
AGENDARF~QUEST,
Date: 17-Apr-98
Request to be placed on:
X Regular Agenda
~ Special Agenda
~ Workshop Agenda When: 21-Apr-g8
Description of item (who, what, where, how much): Request .for. City_Commission to ap.p.r, ove
· and authorize the Mayor to ~ubmit ~n ~pplication, or~ behalf of the .Ci.ty; to the Metrop. olitan
Planning Organization (MPO) for .I.,~.T..EA Transportation Enhancement Program, Year_5. funds.
The C~ would submit an aD_ _olication for fundjog sidewalk improvements in the Transportation
Concurrency Exception Area. This is P~of. the City'8 Long Range Downtown Pedestrian
Network. The Cit_v iS .seeking $170,000.00 in ISTEA Enhancement Funds for F¥..2002/03. The
City's.commitment_would be to provide $25,500 in matching fun_ds in FY 2002/03.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval_ ~t_o_ Dartici_oate ir~_the Florida DOT 1998
Transportation F-.n. hancement Pr.eh'-rbm Cycle~br FY 1999/00 - 20D~04 Tentative Work Program.
Department head signature: ~,~_~~, ~~ ~j~/7/~oC'~.. _
Determination of Consistency with Comprehensive Plan: Consistant withp!an
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: YES/NO
Funding alternatives _(if applicable)
Account No. & Description
Account Balance
City Manager Review: ~/ .~.~
Approved for agenda: NO
Hold Until: .
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
cc: Ag520.doc
561-~43-7314 ENGINEERING DEPT ??5 PO~ APR 17 '98
City Of Delray Beach. Department of Environmental Services
MEMORANDUM
III _ I I III
TO: David T. Harden, City Manager
FROM: Randal L. Krejcarek, P.E., City Engineer
DATE: 17-Apr-98
SUBJECT: ISYEA Transportation Enhancement Program - Year 5
Approval to Submit Application for
Construction of Sidewalks in T.C.E. Area
The attached agenda item is a request for City Commission to approve and authorize the Mayor
to submit an application to Metropolitan Planning Organization (MPO) for ISTF_A Transportation
Enhancement Program, Year '3, funds. The City would submit an application to the MPO for
funding sidewalk improvements in the T.C.E. Area. The attached map indicates where new
sidewalk would be constructed. The proposed sidewalks are part of the City's long range down
town pedestrian network. The City is seeking $170,000.00 in ISTEA Enhancement Funds for FY
2002/03. The City's commitment would be to provide $25,§00 in matching funds in FY 2002103
eno
cc Richard Hasko, P.E.
City Manager FiFe
ISTEA file
s_'L . . Vstea~egendaO 1.mere
561-~-7514 ENGINEERINS DEPT ?75 PO1 APR 17 ~98 1~:08
&
CITY OF DELRAY BEACH
ENVIRONMENTAL SERVICES DEPART)dENT 561-263-7322
ENGINEERING DIVISION 434 South Swinton Ave.
Randal L. KreJcar~k, I~.Z., City Engineer Delray Beach, Florida
FAX COVER SHEET
'FAX TELEPHONE NUMBER: 561-2~3-7314
· COMPANY:
CITY:
FAX NUMBER:
TOT&I. NUMBER OF PAGES: INCLUDING THIS COVER PAGE
IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL AS SOON
,~~ND ASK FO~ ZNmVm~AL ( S~-NDZR ) NOZ£D ~ZLO~.
~ENDER
TRE EFFORT ALWAYS MATTERS
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY M~NAGER~
SUBJECT: AGENDA ITEM # 9~ - MEETING OF APRIL 21, 1998
TRAFFIC SIGNAL MODIFICATION/EAST ATLANTIC AVENUE
BEAUTIFICATION PROJECT
DATE: APRIL 17, 1998
This is before you for approval of payment to Palm Beach County
in the amount of $21,647.87 for traffic signal modifications for
the East Atlantic Avenue Beautification project.
The City authorized Palm Beach County Traffic Engineerin9 to
proceed with traffic signal modifications necessitated by damage
durin9 the East Atlantic Avenue project in the areas of Venetian
Drive, Gleason Street and State Road A-1-A. Work was completed
on February 13, 1997.
Recommend approval of payment to Palm Beach County in the amount
of $21,647.87 with fundin9 from 334-3162-541-46.90 (General
Construction Fund).
Agenda Item NO.: ~ ~
AGENDA REQUEST
Date: April 17~ 1998
Request to be placed on:
Consent
XX P~e~q-~r Agenda Special Aqenda Workshop Agenda
When: April 21, 1998
Descriptlon of agenda item (who, what, where, how much):
Approval of payment to Palm Beach County En~±neerinE Traffic Division at a total
cost of $21,647,87 for traffice signal modifications for the East Atlantic Avenue
Beal~t~f~at~o~ Project.
FundinE from account code 334-3162-541-46.90
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached; YES/NO
Recommendation:
City Attorney Review/ Recommendation if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available:
Funding alternatives: (if applicable)
Account No. & Desc~iption~
Account Balance: '~i'~,
City Manager Review:
ApprovedHold Until for: agenda:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: David T. Harden, City Manager ~
FROM: Jacklyn Rooney, Purchasing Supervisor
THROUGH: Joseph Safford, Finance Director
DATE: April 17, 1998
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING
APRIL 21, 1998, PAYMENT APPROVAL
EAST ATLANTIC AVENUE SIGNALIZATION WORK
Item Before Commission:
The City Commission is requested to approve the payment for traffic
signalization modification work for the East Atlantic Avenue project to
Palm Beach County Traffic Engineering at a total cost of $21,647.87.
Background:
Palm Beach County Traffic Engineering was authorized by the City to proceed
with traffic signal modifications for signal damage for the East Atlantic
Avenue Project in the areas of Venetian Drive, Gleason Street and State
Road A-1-A as stated in attached memo dated October 04, 1996.
Palm Beach County Taffic Division completed this project on February 13,
1997, and have submitted Invoice ~980113-001 dated 01/13/98 for payment.
Recommendation:
Staff recommends the approval of payment to Palm Beach County Engineering
at a total cost of $21,647.B7. Funding from account code
#334-3162-541-46.90.
Attachments:
Letter To Palm Beach County Dated 10/04/96
Invoive #980113-001 Dated 01/13/98
561-245-7314 ENGINEERING DEPT ?66 PO1 APR 16 '98 12:39
CITY I:IF DELAI:IY BE;:1[#
100 I'I.W. 1st AVENUE . FLORIDA 33a~,4
1993 Tra~c Engineer
Palm Beach County, Traffic Engineering
P.O. Box 21229
West Palm Beach, FL 33416
RE: TRAFFIC SIGNAL MODIFICATIONS
EAST ATLANTIC AVENUE
PROJECT NUMBER 93-068
Dear Ms. Mulcany:
As outlined in your letter dated September 26, 1996 and your subsequent meeting with
Mr. Howard Wight and Mr. Dan Bcatty, tlxe City hereby authorizes Palm Beach County
to proceed with the traffic signal modifications. All conduits outlined in the signal
modification plans will be installed by the contractor on East Atlantic Avenue by October
18, I996. It is our further understanding that the County will schedule the modification
work to begin October 21, 1996. We trust the County will be cognizant of the time
restraints on this project and appreciate your full cooperation.
If you have any questions please do not hesitate to contact Howard Wight or Dan Beatty.
Sincerely, _
/ ~_. _ ~'.,._.~f~. Post. Kc Fax Note 7671
DAVID T. HA~EN
Ciw M~ager ~-
DT~CDB/gm
Ct.
cc: Willim H. Greenwood, Director of Enviromenrat Se~iccs .... ~' .,
C. D~vers Bca~, P.E., City Engineer
How~d Wight, Dep. Dir. of Construction
Mitchell ~om~, Gee ~d Jensen
file: s/eng/eng/projecff9368/ltffmulcany_doc
T~ E~FOaT ALWA?S MATTERS
561-243-7314 ENGINEERING DEPT ?66 P02 APR 16 '98 12:39
SEP~G-199G 1G:08 PBC TRAFFIC
,.M ]l,.b.,= ~ Set=~embar 26, 1996
~ ~a, ~$3~]~zz9 fl, How~M Wight
~) ~ Th~ CIW ~ Dalmy
4~ SO~ Swiflton Avenue
Delray ~ach, FL ~44~
~ 8U~EGT: ~ST AT~NT~ AVENUE FROM ~ I~GO~TAL
WATE~AY TO ~A~ RO~ A-1-A
~ ~ ~ Dear Mr.
~M P~m ~eac~ County has ~mpliti~ i~ e~imate for the sJgfleJizition work
~a L. ~c~ ~ the traffic ~gnai& with-in the limits of thia p~o~. T~i~ proJe~ wli~ rGquim
. ~21 ,~,00 to modl~ t~ tqffic s~nala fo~ the luble~ proM,.
~n. ~ ~tm~ ~nvol~d In thM ~j~ am on E~t A~an~ Ave~e ~ Venetian Dzive, ~(eason
8tre~ and S:a[e Roa~ A-1-A.
Cato[ ~ ~b~s ~e~ no~ Us when the ~ hal ~ed ~o this figure a~ we w~11 e~mple:e
t~e w~ nec~s~ry t0 aOC0~Odate th~s pm]e~.
~rrefl H. ~1
~ ~a~ Your e~perazlon in this matter i$ greatly
OFFICE OF THE ~OUN~ EN~INEEfl
~becca J. Mulc~
Tra~c Engl~er - Tragic ~ivisio~
RJM:SRR
CC: Michael L Ave~. Supt.. TraffM Oper~ions
RIc: Imc~ione '53275,53280.53290"
561-245-7514 ENGINEERING DEPT ??2 P02 APR 17 '98 10:24
INVOICE NO. 980ii5-00i
PALM BEACH COUNTY
ENGINEERING & PUBLIC WORKS/TRAFFIC DIVISION
P.O. BOX 21229
WEST PALM 8EACH, FLORIDA
DATE: ___~L;~L~ ...................
To: .....
LOCATIONs
LABOR ............... 12,259.2~
MATERIAL ............
.asset - CHARGE ...... 1,440.59
TOTAL DUE ........... 2.1,647.87
PLEASE RETURN THE YELLOW COPY OF INVOICE WITH YOUR REMITTANCE
THANK YOU.
Evelyn Allen
Ofrector, Administrative Services
561-245-7514 ENGINEERING DEPT ?92 PO1 APR 19 '98 10:24
l~eflt o~ Engineerin~
~t ~a~m ~ch. ~ ~+~e-~ 4~ SW~ Ave.
~: S~ ~E. ~ A~. & V~ ~., ~ ~., SR A-
n 1-A
~ of
~ ~o~so~. w~ c~ ~ y~l~ ~y ~ ~ ~oi~ w~ ~ ~ ~ ~1,~7.~.
~ T Marcus
c~ s. ~ ~ ~r ~ ~ble m: P.B.C.~ of C~ ~.
~.~ ~c~ ~. ~ ~~ & ~ W~
1~ A~~ Ave.
Maude For~ ~e W~ ~!m ~, H 3~
co.~ty ~mt~.-t~, If yOU have any questioa~ concem~ tl~ invoice, you nay contact Nancy
Anderson (561)684-4115. Thank you for your attention to tl~ matl~.
RobOt Weisn~, P.E.
Sincerely,
cc: Cashier (ncct# 10~360-322l~6~94)
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY I~2q'AGER~
SUBJECT: AGENDA ITEM # ~-~-~' - MEETING OF APRIL 21, 1998
MID-YEAR BUDGET AMENDMENT FOR FY 97-98
DATE: APRIL 17, 1998
Attached you will find Resolution No. 30-98 which amends the
budget for Fiscal Year 97-98. Supporting documents and schedules
are attached for your review.
Also attached is a letter from Pete Daniels requesting an
additional $50,000.00 for the library to be used for purchase of
research and reference books. The budget amendment in your
notebook includes the full $50,000.00. I would be more
comfortable, however, with $20,000.00 so that our contingency
amount would be about $400,000.00. We have a dispute with the
CSX Railroad over a bill for $77,000.00 and other potential needs
which, in my opinion, make it prudent to keep the larger amount
in contingencies.
RESOLUTION NO. 30-98
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 75-97
ADOPTED SEPTEMBER 23, 1997, WHICH MADE APPROPRIATIONS
OF SLIMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE
CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR
1997/98, BY SETTING FORTH THE ANTICIPATED REVENUES AND
EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR
THE FISCAL YEAR 1997/98; TO REPEAL ALL RESOLUTIONS
INCONSISTENT HEREWITH.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 1. of Resolution No. 75-97 adopted
September 23, 1997, is hereby repealed, and a new Section 1. is enacted
and amended to read as follows:
That the following sums of money, attached hereto and marked
Exhibit "A", are hereby appropriated upon the terms and conditions
herein set forth.
Section 2. That, subject to the qualifications contained in
this resolution, all appropriations made out of the General Fund are
declared to be maximum, conditional, and proportionate appropriations,
the purpose being to make the appropriations payable in full in the
amounts herein named if necessary and then only in the event the
aggregate revenues collected and other resources available during the
period commencing the 1st day of October, 1997, and ending the 30th day
of September, 1998, for which the appropriations are made, are
sufficient to pay all the appropriations in full. Otherwise, said
appropriations shall be deemed to be payable in such proportion as the
total sum of realized revenue of the General Fund is to the total amount
of revenues estimated by the City Commission to be available in the
period commencing the 1st day of October, 1997, and ending the 30th day
of September, 1998.
Section 3. That all balances of the appropriations payable
out of the General Fund of the City Treasury unencumbered at the close
of business on the 30th day of September, 1997, except as otherwise
provided for, are hereby declared to be lapsed into the City Treasury
and may be used for the payment of the appropriations which may be made
in any appropriation for the fiscal year commencing the 1st day of
October, 1997. However, nothing in this section shall be construed to
be applicable to unencumbered balances remaining to the credit of the
Water and Sewer Fund, Sanitation Fund or any Fund created by the setting
up of special revenue, but such balances shall be used in financing the
proposed expenditures of these Funds for the fiscal year commencing the
1st day of October, 1997.
Section 4. That no department, bureau, agency or individual
receiving appropriations under the provisions of this resolution shall
exceed the amount of its appropriation, except with the consent and
approval of the City Commission first obtained. If such department,
bureau, agency or individual shall exceed the amount of its
appropriation without such consent and approval of the City Commission,
the administrative officer or individual, in the discretion of the City
Commission, may be deemed guilty of neglect of official duty and may be
subject to removal therefor.
Section 5. That nothing in this resolution shall be construed
as authorizing any reduction to be made in the amounts appropriated in
this resolution for the payment of interest on, or retirement of, the
debt of the City of Delray Beach, Florida.
Section 6. That none of the monies enumerated in this
resolution in connection with the General Fund, Water and Sewer Fund,
Sanitation Fund or any other Fund of the City shall be expended for
any purposes other than those for which they are appropriated, and it
shall be the duty of the Budget Administrator and/or Finance Director
to report known violations of this section to the City Manager.
Section 7. That all monies collected by any department,
bureau, agency or individual of the City government shall be paid
promptly into the City Treasury.
Section 8. That the foregoing budget is hereby adopted as the
official budget of the City of Delray Beach, Florida, for the aforesaid
period. However, the restrictions with respect to the
expenditures/expenses of the funds appropriated shall apply only to
the lump sum amounts for classes of expenditures/expenses which have
been included in this resolution.
Section 9. That public hearings were held on the tax levy and
the budget on September 9, 1997, and September 23, 1997.
Section 10. That this resolution shall become effective
immediately upon its passage.
PASSED AND ADOPTED in regular session on this the 21st day of
April, 1998.
ATTEST:
~ City C~k
- 2 - Res. No. 30-98
Exhibit A
BUDGET SUMMARY
CITY OF DELRAY BEACH, FLORIDA
FISCAL YEAR 1997-1998
DOWNTOWN SPECIAL
GENERAL DEVELOPMENT ENTERPRISE REVENUE
FUND FUND FUNDS FUNDS TOTAL
CASH BALANCES BROUGHT FORWARD 529,142 47,000 2,744,492 419,764 3,740,398
ESTIMATED REVENUES:
TAXES Millages
AD VALOREM TAXES 6.95 18,442,840 18,442,840
AD VALOREM TAXES 0.85 2,237,220 2,237,220
AD VALOREM - DELINQUENT 233,770 233,770
AD VALOREM - DDA 1 .oo 97,530 97,530
Sales & Use Taxes 1,385,500 1,385,500
Franchise Taxes 3,095,000 3,095,000
Utility Taxes 5,540,000 5,540,000
Licenses & Permits 2,190,390 2,190,390
Intergovernmental 5,292,980 44,170 1,832,394 7,169,544
Charges for Services 3,693,410 25,995,010 29,688,420
Fines & Forfeitures 601,580 601,580
Miscellaneous Revenues 2,696,960 4,330 1,004,450 86,610 3,792,350
Other Financing Sources 2,252,680 812,510 857,680 3,922,870
TOTAL REVENUES AND OTHER
FINANCING SOURCES 47,662,330 101,860 27,856,140 2,776,684 78,397,014
TOTAL ESTIMATED REVENUES
AND BALANCES 48,191,472 148,860 30,600,632 3,196,448 82,137,412
EXPENDITURES/EXPENSES:
General Government Services 5,595,330 5,595,330
Public Safety 26,430,649 26,430,649
Physical Environment 332,230 17,594,457 17,926,687
Transportation 1,324,352 1,324,352
Economic Environment 814,640 127,830 2,482,338 3,424,808
Human Services 167,340 167,340
Culture & Recreation 6,618,380 3,315,108 406,740 10,340,228
Debt Service 3,960,210 4,660,763 8,620,973
Other Financing Uses 2,549,522 4,576,520 297,440 7,423,482
TOTAL EXPENDITURES/EXPENSES 47,792,653 127,830 30,146,848 3,186,518 81,253,849
Reserves 398,819 21,030 453,784 9,930 883,563
TOTAL EXPENDITURES AND RESERVES 48,191,472 148,860 30,600,632 3,196,448 82,137,412
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Regina M. Frazier,_Budget Administrato(f,~)~
THROUGH: Joseph M. S~nance Director ~
SUBJECT: Mid-Year Budg6t Amendment for FY 97/98
DATE: April 16, 1998
Attached please find Resolution Number 30-98 which amends the budget
for Fiscal Year 1997/98. Also attached are supporting schedules and
backup documentation for your review.
Please let me know if you have any questions.
cc: Rebecca O'Connor, Treasurer
March 9, 1998
David Harden, City Manager'
City of Delray Beach
100 NW 1 st Avenue
Delray Beach, FL 33444
Dear Mr. Harden:
As I recall, the Commission discussed the possibility of further funding for
the library at the mid-year point. I understand that this possibility depended
upon there being funds available due to a change in the projections and
anticipated revenues.
I am writing to request an additional $50,000 for the library materials
budget. We have been able to fund our library materials budget at $129,000
for this fisCal year. The additional funds would be spent on reference and
research books, which is an area of great need.
On behalf of the Board and users of the library, we appreciate your
consideration.
Sincerely,
Peter Daniels, Library Director
29 Southeast Fourth Avenue, Delray Beach, Florida 33483 · (561) 266-0194 Fax (561) 266-9757
]Mid Year Budget Amendment
Fiscal Year 1997/98
General Fund Summar~
All departmental budgets have been amended from the period ending March 31, 1998 at
which time the General Fund Budget totaled $47,168,912. Adjustments of $1,022,$60 were
made for an amended total of $48,191,472. Adjustments greater than $$,000 have been noted.
General Fund Revenues
General Fund revenue collection for the six-month period ending March 31, 1998 totaled
$32,979,838 or 70% of the total Budget. Based on current collections, the City can anticipate a
surplus orS1,022,560 by fiscal year end. An analysis of each revenue category is as follows:
Ad Valorem Tax Revenue
The total collected for this category through March 31, 1998 was $18,723,389 or 91% of the
budget. The period of collection for this revenue category is from November 15th through July
31 st. Based on a current trending analysis, the City should have a surplus of $286,060. This is
based on estimated surplus balances in current ad valorem taxes ($150,290) and in delinquent ad
valorem taxes ($135,770).
Sales and Use Taxes
Sales and Use Taxes totaled $677,316 or 49% of the budget. The City can expect to be at budget
at fiscal year end.
Franchise Taxes
The City has collected $1,377,014 or 45% of the budget for this category. The City can anticipate
a surplus of $49,000 by fiscal year end. This is based primarily on an expected surplus balances in
franchise electric revenues ($33,000), franchise gas revenues ($5,000), and franchise cable
revenues ($11,000).
Utility Taxes
Utility Tax revenues totaled $2,864,991 or 53% of the budget. The City can expect a surplus of
$154,000. This is attributed to an increase in the estimate for utility taxes based on electric
($42,000), BellSouth ($20,000) and on other communications ($85,000). The increase with
respect to other communications is due to an increase in cellular phone use.
Mid Year Budget Amendment
Fiscal Year 1997/98
Licenses and Permits
License revenues totaled $508,897 or 97% of the budget. The City can expect a surplus of
$2,000 at fiscal year end. This is due to an estimated surplus of $12,000 in occupational license
revenues and an estimated shortfall of $10,000 in occupational license inspection revenues. The
shortfall in the latter can be attributed to the fact that the program relative to occupational license
inspections has not yet been instituted.
Permit revenues collected for the six-month period totaled $893,599 or 54% of the budget. The
City can expect a surplus of $24,000. Building permits are at 49%, electrical permits are at 61%,
plumbing permits are at 60%, and paving permits are at 71%. It should also be noted that tree
permits are at (-25%), no final inspections are at 11%, and miscellaneous permits are at 35%
through March, 1998. It should be noted that the collection rate for this category is variable.
Intergovernmental Revenues
Intergovernmental revenues are at $2,592,878 or 52% of the budget. The City can anticipate a
surplus of $319,680. This is largely due to anticipated surplus balances in COPS MORE
($7,830), COPS Problem Solving Grant ($150,000), cigarette tax ($8,000), sales tax ($125,000),
children service council ($8,850), and occupational licenses from the County ($20,000). This
surplus is offset by an estimated shortfall in State Revenue Sharing ($8,000). It should be noted
that the COPS Problem Solving Grant has offsetting expenditures.
Char~es for Services
Charges for Services totaled $1,931,270 or 51% of the budget. The City can expect a shortfall of
$66,420. This can be attributed to estimated shortfalls in zoning fees ($12,500), plat approval
fees ($3,650), conditional use fees ($9,400), cemetery fees ($8,000), parking meter fees
($15,000), beach parking permits ($6,050), tennis memberships ($13,000), and tennis general
admissions ($4,000). Surplus balances are expected in commission on merchandise ($1,000) and
league and tournament fees ($5,000).
Fines and Forfeitures
Fines and Forfeitures totaled $299,117 or 63% of the budget. A surplus of $128,380 is expected
at fiscal year end. The expected surplus is due to expected surplus balances in general fines
($87,000), police education fines ($9,000), code enforcement fines ($3,800), building reinspection
fees ($5,000), and penalties on ad valorem taxes ($25,680).
Mid Year Budget Amendment
Fiscal Year 1997/98
Miscellaneous Revenue
Miscellaneous revenue totaled $591,130 or 70% of the budget. The City can anticipate a surplus
of $135,860. This surplus is due to surplus balances in interest earnings ($150,000), refund of
prior year expenditures ($16,400), Ramblin Rose ($1,200), and solid waste/stormwater ($2,530)
The surplus is offset by an estimated shortfall in interest on accounts receivable ($4,300), tennis
stadium revenues, sale of surplus property, and vending revenue ($4,000).
Recovery of Administrative Costs are at $859,755 or 50% of the budget. This category should
be at budget at fiscal year end.
Other Financing Sources
Interfund transfers are at $44,000 or 50% of the budget. A shortfall of $10,000 is expected in the
transfer from the Utility Tax Debt Service Fund. This can be attributed to lower interest earnings.
Contributions from Other Funds are at $1,087,340 or 50% of the budget. This category should
be at budget at fiscal year end.
General Fund Revenues
FY 98 FY 98
APPROVED PROPOSED REVISED
CATEGORY BUDGET ADJUSTMENT BUDGET
Ad Valorem Taxes 20,627,770 286,060 20,913,830
Sales and Use Taxes 1,385,500 0 1,385,500
Franchise Taxes 3,046,000 49,000 3,095,000
Utility Taxes 5,386,000 154,000 5,540,000
Licenses and Permits 2,164,390 26,000 2,190,390
Intergovernmental Revenues 4,973,300 319,680 5,292,980
Charges for Services 3,759,830 (66,420) 3,693,410
Fines and Forfeitures 473,200 128,380 601,580
Miscellaneous Revenues 2,561,100 135,860 2,696,960
Other Financing Sources 2,262,680 (10,000) 2,252,680
0
Surplus Brought Forward 529,142 0 529,142
Total General Fund Revenues $47,168,912 $1,022,560 $48,191,472
Mid Year Budget Amendment
Fiscal Year 1997/98
GENERAL FUND EXPENDITURES
General Government
Includes the legislative and administrative departments of the City and the Miscellaneous division.
The increase in General Government expenditures totals $53,440.
There is a decrease in the City Clerk's Office budget of $19,320 since we did not hold an election
this year.
Management Information Systems funds are required in order to hire a contract programmer to
cover the vacancy let~ by the Senior Analyst as well as the additional funding needed to cover the
increased salaries of 2 new Network Engineers.
The increase in the City Attorney's Office budget is due to the costs associated with the increased
need for outside legal counsel this year.
The Building Maintenance division has a net surplus of $12,500 due to staff vacancies.
Public Safety
Includes the Police and Fire Departments and Community Improvement. The increase in Public
Safety expenditures totals $301,789.
The Police Department's budget increase includes money for equipment, training and personnel
relating to the Problem Solving Grant. A matching revenue in the amount of $150,000 has been
incorporated. Also included is funds to cover unanticipated termination pay expenses due to staff
attrition.
The increase in the Fire Department totals $112,000 for increased overtime resulting from staff
shortages due to vacancies, leaves and employees on light duty.
Included in the Community Improvement budget is the expensing of the Direct Talk 2 equipment
which was previously going to be leased.
Physical Environment
Includes a $4,000 increase in the Public Works Administration division to cover additional costs
due to temporary staffing for the Administrative Assistant position.
Mid Year Budget Amendment
Fiscal Year 1997/98
Transportation
The net change in this category is an increase of $14,190. The Street Lighting division includes
$9,500 to complete various neighborhood lighting upgrades. The Parking division includes funds
for parking meters at Ingraham and Sandoway. These expenses are partially offset by a surplus in
the Traffic Operations division due to vacant positions.
Culture and Recreation
Includes the Parks and Recreation Department, the Old School Square Grant and the Library.
The changes in this category equate to a net increase of $41,150. Included is additional funding
to replace 3 royal palm trees on Seabreeze as well as additional funds for Irrigation water. Funds
are also being transferred out of Parks and Recreation to fund improvements at Miller Park and
Pompey Park as listed below. The Library will receive additional funding in the mount of
$50,000.
Other Financing Uses
Accounts for Interfund transfers. The increase in expenditures totals $252,815. Included in this
total is a decrease of $23,620 in Ad Valorem taxes being transferred to the CRA as well as an
additional $7,760 which is being transferred to the Community Development Fund to offset the
administrative expenses not covered by the SHIP grant. The General Construction Fund is
receiving additional funding in the amount of $268,675. Major projects are listed below.
Sidewalk Inventory Program 20,765
Repairs at Old School Square 32,000
New roof for the Community Center 60,000
Sidewalk repairs and new sidewalk link for Lake Ida Road 37,500
Additional building repairs (money taken from original budget to 35,000
help fund Tennis Center ticket booth)
Pompey Park Ballfield improvements 7,500
Pompey Park fencing* 20,000
Miller Park pavilion* 20,000
Miller Park lighting 59,000
Pineapple Grove streetscape improvements 43,600
E. Atlantic traffic signal modifications 21,650
* Costs offset by a surplus of $40,000 in the Parks and Recreation Department due to staff
vacancies in the Athletics and Special Events, Pompey Park and Parks Maintenance divisions.
Reserves
The remaining balance at, er all revenue and expense adjustments were made resulted in an
increase in contingency funds of $355,176 for a balance of 368,819.
General Fund Expenditures
FY 98 FY 98
APPROVED PROPOSED REVISED
CATEGORY/DEPARTMENT BUDGET ADJUSTMENT BUDGET
General Government Services
City Commission 197,840 0 197,840
City Manager 228,966 0 228,966
Public Information 69,607 0 69,607
Human Resources 320,825 2,400 323,225
City Clerk 449,900 (19,320) 430,580
Finance Administration 788,877 0 788,877
Purchasing 209,742 350 210,092
Management Information Systems 581,823 14,450 596,273
City Attorney 554,040 70,000 624,040
Administrative Services 421,930 (1,940) 419,990
Planning & Zoning 765,919 0 765,919
Engineering 388,730 0 388,730
PW Building Maintenance 283,841 (12,500) 271,341
Miscellaneous Expenditure 279,850 0 279,850
Total General Gov't Services $5,541,890 $53,440 $5,595,330
Public Safety
Police 14,185,333 175,245 14,360,578
Fire 9,794,750 112,000 9,906,750
Community Improvement 2,148,777 14,544 2,163,321
Total Public Safety $26,128,860 $301,789 $26,430,649
Physical Environment
Public Works Administration 143,850 4,000 147,850
Cemetery 184,380 0 184,380
Total Physical Environment $328,230 $4,000 $332,230
Transportation
Streets Maintenance 455,921 5,200 461,121
Traffic Operations 263,706 (9,000) 254,706
Street Lighting 532,031 9,500 541,531
Parking Facilities 58,504 8,490 66,994
Total Transportation $1,310,162 $14,190 $1,324,352
Economic Environment
Miscellaneous Grants 180,580 0 180,580
Other Financing Uses 634,060 0 634,060
Total Economic Environment $814,640 $0 $814,640
Human Services
Miscellaneous Grants 167,340 0 167,340
Total Human Services $167,340 $0 $167,340
Culture and Recreation
Parks and Recreation 5,714,570 (7,530) 5,707,040
Other Grants and Aids 16,900 (1,320) 15,580
Old School Square 182,500 0 182,500
Library 693,260 50,000 743,260
Total Culture and Recreation $6,607,230 $41,150 $6,648,380
Debt Service $3,960,210 $0 $3,960,210
Other Financing Uses $2,296,707 $252,815 $2,549,522
Reserves $13,643 $355,176 $368,819
Total General Fund Expenditures $47,168,912 $1,022,560 $48,191,472
Mid Year Budget Amendment
Fiscal Year 1997/98
Water and Sewer Fund
Changes in debt service budgeted amounts are due to the issuance of 1997 Water and Sewer
Bonds which refunded $14,585,000 in 1991 Water and Sewer Bonds.
Community Development Fund
Revenue was increased $67,810 to account for the salary reimbursement by the Delray Beach
Housing Authority for the Director position. This increase was directly offset by expenditures for
salary and benefits. Also, Fiscal Year 1996/97 balances for CDBG, HOME and the Renaissance
Program were brought forward.
CiW Garage Fund (not on exhibit)
An increase in funding for automobile purchases in the amount of $153,000 is partially offset by
the receipt of grant funding in the amount of $100,000 from the state for CNG vehicles, training
and promotional expenses. Also included is an increase in proceeds from the city auction in the
amount of $62,050. The changes in the budgets for parts, fuel and outside service are directly
offset by corresponding revenues.
TO: DAVID T. HARDEN, CITY MANAGER
THRU:
DEPARTMENT OF PLANNING AND ZONING
FROM: JANET MEEKS, SENIOR PLANNER
SUBJECT: MEETING OF APRIL 21, 1998
AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS {LDRS) TO
ALLOW pRIVATE BEACH CLUBS AS A CONDITIONAL USE IN THE RM
(MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY) ZONE DISTRICT
The item before the Commission is approval to amend LDR Section 4.4.6 (D) to add Private
Beach Clubs as a Conditional Use in the RM (Multiple Family Residential- Medium Density)
zone district.
Delray Beach Club is located south of Linton Boulevard on the east side of A-lA and is zoned
RM. The club wishes to expand its existing restaurant and add a free standing snack bar. As
the use is non-conforming under the current regulations, the applicant has requested a text
amendment to allow "Private Beach Clubs" as a Conditional Use in the RM zone district.
Additional background and an analysis of the request is found in the attached Planning and
Zoning Board Staff Report.
The Planning and Zoning Board considered the amendment at a public hearing on March 16,
1998. No one from the public spoke in favor or opposition to the changes, and the Board voted
7-0 to recommend to the City Commission approval of the proposed LDR amendment.
By motion, approve on the first reading the amendment to LDR Section 4.4.6(D) to add,
~Private beach clubs with attendant recreational, dining, and related accessory facilities within
the area lying south of Atlantic Dunes Park and east of State Road A-l-A" as a Conditional Use
in the RM zone district.
· Attachments: P&Z Staff Report and Documentation of March 16, 1998, Ordinance by
Others
ORDINANCE NO. 17-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.6,
"MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT" ,
SUBSECTION 4 . 4 . 6 (D) , "CONDITIONAL USES AND
STRUCTURES ALLOWED", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, TO ALLOW
PRIVATE BEACH CLUBS WITH ATTENDANT RECREATIONAL,
DINING AND RELATED ACCESSORY FACILITIES WITHIN THAT
PORTION OF THE RM ZONING DISTRICT LOCATED SOUTH OF
ATLANTIC DUNES PARK AND EAST OF STATE ROAD A1A, AS
A CONDITIONAL USE; PROVIDING A GENEP~AL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the proposed text amendment at a public hearing
on March 16, 1998, and forwarded the change with a unanimous
recommendation of approval; and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is consistent with and furthers the
objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, "Zoning Regulations",
Article 4.4, "Base Zoning District", Section 4.4.6, "Medium Density
Residential (RM) District", Subsection 4.4.6(D), "Conditional Uses
and Structures Allowed", of the Land Development Regulations of the
City of Delray Beach, Florida, be, and the same is hereby amended to
read as follows:
(D) Conditional Uses and Structures Allowed. The
following uses are allowed as conditional uses within the RM
District:
(1) Adult Congregate Living Facilities and Continuing
Care Facilities
(2) Alcohol and Drug Abuse Treatment Facilities
(3) Child Care and Adult Day Care
(4) Educational Facilities subject to the
restrictions set forth in Section 4.3.3(HH)
(5) Churches, or places of worship, and their
attendant educational, nursery, Sunday school, recreational, and
columbarium facilities. The foregoing does not allow establishment
of educational and care uses such as elementary school and general
day care; however, such uses may be established by a separate
conditional use application for child care or rezoning to CF, as
appropriate.
(6) Convalescent Homes, Homes for the Aged, Nursing
Homes, and Rest Homes
(7) The use of common recreational facilities such as
swimming pools, tennis courts, and golf courses (associated with a
subdivision) for club or commercial purposes.
(8) Single Family Detached Residences in zero lot
line developments
(9) Group Homes, Level III
(10) Yacht Club with facilities
(11) Dock master facilities when associated with a
multi-family development which has a marina
(12) Private beach clubs with attendant recreational,
dininq, and related accessory facilities within the area lying south
of Atlantic Dunes Park and east of State Road A1A
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective
immediately upon its passage on second and final reading.
- 2 - Ord. No. 17-98
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1998.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 3 - Ord. No. 17-98
MEETING OF: MEETING OF MARCH 16, 1998
AGENDA ITEM: IV.E. AMENDMENT TO LDR SECTION 4.4.6(D) TO ALLOW
PRIVATE BEACH CLUBS AS A CONDITIONAL USE IN
THE RM (MULTIPLE FAMILY RESIDENTIAL) ZONE
DISTRICT
The item before the Board is that of making a recommendation to the City Commission
to amend LDR Section 4.4.6 (D) to add Private Beach Clubs as a Conditional Use in
the RM (Multiple Family Residential- Medium Density) zone district.
Pursuant to Section 1.1.6, an amendment to the text of the Land Development
Regulations may not be made until a recommendation is obtained from the Planning
and Zoning Board.
On January 28, 1998, the Planning and Zoning Department received a request from
The Delray Beach Club to amend the LDRs to add private beach clubs as a
Conditional Use in the RM zone district, pursuant to the following language:
"Private beach clubs with or without attendant recreational and/or dining facilities
on properties with a minimum land area of two acres lying south of Atlantic
Dunes Park and east of State Road A lA".
The Delray Beach Club is located south of Linton Boulevard on the east side of A-1-A
and is zoned RM. The request is to accommodate an expansion to an existing
restaurant and addition of a free standing snack bar. As the use is non-conforming
under the current regulations, the proposed modifications are not permitted.
The Delray Beach Club was established in 1969, after obtaining Conditional Use and
site plan approval by the City Commission. At that time, "clubs" were allowed as a
conditional use in the various multiple family zoning districts. The site was developed
P&Z Board Memorandum Staff Report
Amendment to LDR Section 4.4.6(D) to Allow Private Beach Clubs as a
Conditional Use in the RM Zone District
Page 2
per its approved site plan and currently contains a restaurant, pool, cabanas, and
associated parking.
In 1990, with the Citywide Rezoning associated with the approval of the Land
Development Regulations, the Conditional Use language in the RM zone district was
changed to read: the use of common recreational facilities such as swimming pools,
tennis courts, and golf courses (associated with a subdivision) for club or commercial
purposes. The Delray Beach Club operates independently of any residential
development or subdivision, and therefore became a non-conforming use.
Currently, there are three known privately operated beach clubs in the City, all of which
are located east of A-lA. These include: The Seagate Beach Club, the Colony Beach
Club, and Delray Beach Club. The applicant is suggesting that beach clubs be limited to
parcels containing at least 2 acres in size and which are located east of A-lA, south of
Atlantic Dunes Park.
The predominant zoning districts along the City's coastline east of A-1-A and north of
Atlantic Dunes Park, are Single Family (R-1 districts) and Open Space (OS) with a few
pockets of multiple family districts (refer to the attached map). All of the properties
located south of Atlantic Dunes Park are zoned RM.
The existing land uses south of the park include older hotels/time shares, high density
multiple family developments, and two private beach clubs (Colony and Delray Beach
Club). The Seagate Beach Club is located east of A-lA, however it is a considerable
distance north of Atlantic Dunes Park and abuts a single family zoning district (RI-
AAA). From a compatibility and land use stand point, it seems reasonable to limit
private beach clubs to the geographical area proposed by the applicant (i.e. south of
the Atlantic Dunes Park).
As mentioned above, the use of common recreational facilities such as swimming
pools, tennis courts, and golf courses (associated with a subdivision) for club or
commercial purposes is listed as a Conditional Use in the RM zone district. A club as
defined by the LDRs is a building or facility owned or operated by an association,
corporation, person, or persons, for an educational, recreational, or social purpose, and
to which membership is required for participation, but not primarily for profit or to render
a service which is customarily restricted to members and their guests.
Private beach clubs fit the definition of "clubs", but clubs are currently not allowed as a
stand alone use in the RM zone district. The potential impacts with respect to level of
service standards, and issues relating to compatibility would be the same whether a
club is associated with or without a subdivision and would be subject to the same
required findings i.e. that the club will not have a significantly detrimental effect upon
the stability of the neighborhood within which it will be located, and that it will not hinder
P&Z Board Memorandum Staff Report
Amendment to LDR Section 4.4.6(D) to Allow Private Beach Clubs as a
Conditional Use in the RM Zone District
Page 3
development or redevelopment of nearby properties. The Board may also impose
conditions to further compatibility with adjacent properties.
Pursuant to LDR Section 2.4.5 (M) Amendments. the Board must make a finding
that the proposed text amendment is consistent and furthers the Goals,
Objectives and Policies of the Comprehensive Plan. A review of the objectives
and policies of the adopted Comprehensive Plan was conducted and the
following applicable policies were found.
Future Land Use Element:
Policy C-3.4: The City's Coastal Area is one of its most valuable resources in
terms of economic attraction, recreation, and natural beauty. While action is
appropriate to capitalize upon the economic benefits of this resource
commercialization and promotion shall not occur to such an extent that they
diminish this beach resource.
Private beach clubs are a recreational use that can provide good economic benefits to
the City, and allow additional public access to an otherwise private beach. The
intensity of private beach clubs can be controlled through the Conditional Use process,
through which limitations can be placed on the types of activities provided, hours of
operation, number of memberships, etc.
Coastal Management Element:
Objective C.3:
The development of vacant and under-developed land on the barrier island shall
occur in a manner which does not change the character, intensity of use, or
demand upon existing infrastructure in the Coastal Planning Area, as dictated in
the following policies:
~ There shall be no change in the intensity of land use within the
barrier island and all infill development which does occur shall connect to the
City's storm water management system and sanitary sewer system.
P&Z Board Memorandum Staff Report
Amendment to LDR Section 4.4.6(D) to Allow Private Beach Clubs as a
Conditional Use in the RM Zone District
Page 4
Objective D-2:
There shall not be any development upon the barrier island which shall reduce
hurricane evacuation time beyond its present level or which shall lower the level
of service at the intersection of SR A-lA and Atlantic Avenue; George Bush
Boulevard and SR A-IA; or at Linton Boulevard and SR A-IA.
The upgrading of existing beach club facilities or the establishment of new clubs will not
affect hurricane evacuation times on the barrier islands. Hurricane evacuation times
are primarily impacted by the number of dwelling units as residents attempt to leave the
area for safer accommodations.
The applicant is requesting that "Private beach clubs with or without attendant
recreational and/or dining facilities on properties with a minimum land area of two acres
lying south of Atlantic Dunes Park and east of State Road A lA" be added to the RM
zone district as a Conditional Use. As outlined in this report it seems reasonable to limit
beach clubs to the requested geographical area based on existing land use patterns,
and that clubs are already allowed in the RM zone district when part of a subdivision.
The proposed amendment appears to be consistent with the Goals, Objectives and
Policies of the Comprehensive Plan, and does not diminish them. It does not seem
necessary to put limitations on the land area as there are enough regulations in place to
ensure compatibility.
Staff supports the amendment to LDR Section 4.4.6 (D) to include private beach clubs
as a Conditional Use with the following changes to the language proposed by the
applicant: "Private beach clubs with attendant recreational, dining, and related
accessory facilities within the area lying south of Atlantic Dunes Park and east of State
Road A- 1-A".
By Motion, recommend that the City Commission approve the amendment to LDR
Section 4.4.6 (D) to add, "Private beach clubs with attendant recreational, dining, and
related accessory facilities within the area lying south of Atlantic Dunes Park and east
of State Road A-1-A' as a Conditional Use in the RM zone district.
Attachments:
· Location Map
· Ordinance
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM #/~- REGULAR MEETING OF APRIL 21, 1998
ORDINANCE NO. 15-98 (RENTAL OF SPORTING GOODS AND
AND CENTRAL BUSINESS DISTRICTS)
DATE: APRIL 16, 1998
This is second reading and the second public hearing for
Ordinance No. 15-98 which amends the Land Development Regulations
to include the rental of sporting goods and equipment as a
permitted use, subject to certain restrictions, in the General
Commercial District and the Central Business District.
This amendment was initiated by the Planning and Zoning Board
since the rental of sporting goods and equipment is not
specifically listed in the Land Development Regulations. The GC
and CBD zoning districts allow the retail sale of sporting goods
and bicycles as a permitted use, but neither district addresses
the rental of such merchandise. The Board felt it appropriate to
allow the rental of sporting goods and equipment as a permitted
use, provided certain restrictions were imposed.
The Planning and Zoning Board held a public hearing on this item
on March 16, 1998. There was public testimony in support of the
text amendment, and no testimony in opposition. After
discussion, the Board voted unanimously to recommend approval of
the amendment with limitations on outdoor display as well as
locational restrictions. At first reading on April 7, 1998, the
Commission passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 15-98 on second and final
reading, based upon the findings and recommendation of the
Planning and Zoning Board.
ref:agmemo7
ORDINANCE NO. 15-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.9,
"GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION
4.4.9(B), "PRINCIPAL USES AND STRUCTURES
PERMITTED" OF THE LAND DEVELOPMENT REGULATIONS OF
THE CITY OF DELRAY BEACH, TO ALLOW THE RENTAL OF
SPORTING GOODS AND EQUIPMENT AS A PERMITTED USE;
AMENDING SECTION 4.4.9(H), "SPECIAL REGULATIONS",
TO PROVIDE RESTRICTIONS ON THE OUTDOOR DISPLAY OF
SPORTING GOODS AND EQUIPMENT FOR RENT; AMENDING
SECTION 4 4 13, "CENTRAL BUSINESS (CBD) DISTRICT"
SUBSECTION 4 . 4 . 13 (B) , "PRINCIPAL USES AND
STRUCTURES PERMITTED" , TO ALLOW THE RENTAL OF
SPORTING GOODS AND EQUIPMENT AS A PERMITTED USE;
AMENDING SECTION 4.4.13(H), "SPECIAL REGULATIONS",
TO PROVIDE LOCATIONAL AND OUTDOOR DISPLAY
RESTRICTIONS FOR SAID USE; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the proposed text amendment at a public hearing
on March 16, 1998, and forwarded the changes with a unanimous
recommendation of approval; and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is consistent with and furthers the
objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1 That Chapter Four "Zoning Regulations"
Article 4.4, "Base Zoning District", Section 4.. ,4 9 "General
Commercial (GC) District", Subsection 4.4.9(B), "Principal Uses and
Structures Permitted", subparagraph 4.4.9(B) (4), of the Land
Development Regulations of the City of Delray Beach, Florida, be, and
the same is hereby amended to read as follows:
(B) Principal Uses and Structures Pe£~,~tted: The
following are allowed within the GC District as permitted uses,
except as prohibited in the West Atlantic Avenue Overlay District by
Section 4.4.9(G)(1)(a):
(4) Services and Facilities including, but not
limited to:
* Auctions, barber and beauty shops and salons,
caterers, dry cleaning limited to on-site
processing for customer pickup only, dry
cleaning and laundry pickup stations,
financing e.g. banks and similar institutions
including drive-through facilities,
laundromats limited to self-service
facilities, pet grooming, restaurants
including drive-in and drive-through,
tailoring, tobacconist, vocational schools
limited to arts and crafts, business, beauty,
dancing, driving, gymnastics, photography,
modeling, and karate-judo, ~ small item
repair, and rental of sportinq qoods and
equipment (such as but not limited to
bicycles, skates, booqie boards).
Section 2. That Chapter Four, "Zoning Regulations",
Article 4.4, "Base Zoning District", Section 4.4.9, "General
Commercial (GC) District", Subsection 4.4.9(H), "Special
Regulations", of the Land Development Regulations of the City of
Delray Beach, Florida, be, and the same is hereby amended by adding
the following:
(H) Special Regulations:
(4) Any outdoor display of sportinq qoods and
equipment for rent is subject to the restrictions set forth in
Section 4.6.6(C) (3).
Section 3. That Chapter Four, "Zoning Regulations",
Article 4.A, "Base Zoning District", Section 4.4.13, "Central
Business (CBD) District", Subsection 4.4.13(B), "Principal Uses and
Structures Permitted", subparagraph 4.4.13 (B) (3) , of the Land
Development Regulations of the City of Delray Beach, Florida, be, and
the same is hereby amended to read as follows:
(B) Principal Uses and Structures Permitted: The
following types of use are allowed within the CBD District as a
permitted use:
(3) Services and Facilities including, but not
limited to:
- 2 - Ord. No. 15-98
* Auctions, barber and beauty shops and salons,
caterers, dry cleaning limited to on-site
processing for customer pickup only, dry
cleaning and laundry pickup stations,
laundromats limited to self-service
facilities, pet grooming, restaurants
excluding drive-in and drive-through, outdoor
cafes, tailoring, tobacconist, vocational
schools limited to arts and crafts, business,
beauty, dancing, driving, gymnastics,
photography, modeling, and karate-judo, ~
small item repair, and rental of sportinq
qoods and equipment (such as but not limited
to bicycles, skates, booqie boards).
Section 4. That Chapter Four, "Zoning Regulations",
Article 4.4, "Base Zoning District", Section 4.4.13, "Central
Business (CBD) District", Subsection 4.4.13(H), Special Regulations",
of the Land Development Regulations of the City of Delray Beach,
Florida, be, and the same is hereby amended by adding the following:
(H) Special Regulations:
(5) The rental of sportinq qoods and equipment shall
be limited to no more than one business rentinq a specific cateqory
of item (i.e. bicycles, skates, etc.) every 300 feet measured in a
straiqht line from door to door, and any outdoor displays are subject
to the restrictions set forth in Section 4.6.6(C) (3).
Section 5. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 6. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 7. That this ordinance shall become effective
immediately upon its passage on second and final reading.
- 3 - Ord. No. 15-98
PASSED ~ ~OPTED in regular session on second and final
reading on this the 21st day of April , 1998.
ATTEST:
~ Cit~ C~rk
First Reading April 7, 1998
Second Reading April 21, 1998
- 4 - Ord. No. 15-98
MEETING DATE: MARCH 16, 1998
AGENDA ITEM: IV.F. - AMENDMENT TO LDR SECTIONS 4.4.13(B)
CENTRAL BUSINESS DISTRICT (CBD), AND 4.4.9(B)
GENERAL COMMERCIAL (GC), TO ALLOW SPORTING
GOODS AND EQUIPMENT RENTAL AS A PERMITTED
USE.
The item before the Board is that of making a recommendation to the City
Commission regarding an LDR text amendment to Section 4.4.9(B)
General Commercial (GC), Principal Uses and Structures Allowed, and
Section 4.4.13(B), Central Business District (CBD), Principal Uses and
Structures Allowed, which would allow the rental of sporting goods and
equipment as a permitted use, pursuant to LDR Section 2.4.5(M).
Pursuant to Section 1.1.6, an amendment to the text of the Land
Development Regulations may not be made until a recommendation is
obtained from the Planning and Zoning Board.
This amendment was initiated by the Planning and Zoning Board as the rental of
sporting goods and equipment is not specifically listed in the Land Development
Regulations in the GC and CBD zoning district. The GC and CBD zoning districts
specifically allow the retail sale of sporting goods and bicycles as a permitted use. Both
also allow as an accessory use, 'the provision of services and repair of items incidental
to the principal use". Neither district specifically addresses the rental of such
merchandise as a permitted or accessory use. Such establishments do exist in the
CBD (Richwagen's Bicycle Shop, A-1-A Bike Rentals, and In-Line Heaven). These
businesses both sell and rent sports equipment, including bicycles, in-line
skates/rollerblades, and accessory items.
The lack of clarity in the code lends itself to inconsistencies in interpretations, and
needs to be addressed. The question could be brought forward to the Planning and
Zoning Board as a Similarity of Use determination, however, the Board would probably
want to impose certain limitations and restrictions on the use. Therefore, the Board
initiated the text amendment to allow sports equipment rentals in the CBD and GC
zoning districts.
VI.F.
P & Z Board Memorandum Staff Report
LDR Text Amendment - Sporting Goods & Equipment Rentals as a Permitted Use in the CBD &
GC Zoning Districts
Page 2
LDR Section 2.4.5(M)(5) (Findings): In addition to provisions of Section '1.1.6(A),
the City Commission must make a finding that the text amendment is consistent
with and furthers the Goals, Objectives and Policies of the Comprehensive Plan.
The proposed use is one that would primarily cater to visitors and tourists in the
downtown and beach areas and should be considered as a permitted use in the CBD
and GC zoning districts. If approved, the proposed use would also be allowed in the
PC (Planned Commercial) zoning district, which typically is applied to shopping centers,
as the PC distdct refers to the GC zoning district regulations regarding allowable uses.
While it is appropriate to allow the rental of sports equipment and goods as a permitted
use, limitations on outdoor display and the number of rental facilities in the downtown
area should also be considered. With regard to the City's Comprehensive Plan, there
are no applicable goals, objectives or policies listed within the Comprehensive Plan that
relate to this text amendment.
A number of municipalities were contacted including Key West, Miami Beach, St.
Augustine, Deerfield Beach, Ft. Lauderdale, regarding sports equipment rentals. The
majority of municipalities allow sports equipment rentals as a permitted use in
commercial and tourist-oriented zoning districts. Within these municipalities, sporting
goods and equipment does not include motorized vehicles and watercraft such as
waverunners, jet skis, and mopeds/scooters. Currently, ren.tals are only addressed in
the AC (Automotive Commercial) and Industrial (MIC, I and LI) zoning districts. In the
AC zoning district vehicle rentals (i.e. automobiles, trucks, motorcycles, boats,
recreation vehicles) is a permitted use, and in the industrial zoning districts, the rental of
modular buildings and construction equipment are a conditional use. The rental of
sporting goods and equipment, or any other item, except as stated above, is not
specifically listed within any of the zoning districts. On March 18, 1997, a request to
amend the Land Development Regulations to allow moped/scooter rentals in the CBD
was denied by the City Commission. The proposed amendment should only apply to
non-motorized sporting goods and equipment (i.e. bicycles, in-line skates, kayaks,
surfboards, boogie boards, snorkel equipment, smashball, etc.).
Within the CBD, location or distance restrictions may be appropriate to prevent a
significant concentration of one type of rental facility in a block. This would prevent
more than two businesses renting the same items within the same block. However, one
business could rent bicycles, while another business could rent in-line skates. This
restriction would not apply to the GC zoning district, as sports equipment rentals are
typically concentrated within the downtown area, east of the Intracoastal Waterway,
which is zoned CBD. Any outdoor display within either of the zoning districts would be
restricted the same as retail establishments, which are subject to LDR Section
4.6.6(C)(3). This code section limits outdoor display to 10% of the total floor area of the
business, and prohibits displays on public rights-of-ways, except when part of an
approved special event.
P & Z Board Memorandum Staff Report
LDR Text Amendment - Sporting Goods & Equipment Rentals as a Permitted Use in the CBD &
GC Zoning Districts
Page 3
Consideration was given to allowing sporting goods and equipment rentals as an
accessory use, however, the control of such uses and their locations would be
diminished. Therefore, to allow the use as an accessory use should not be considered.
.M. unicipa/.. Beach
There are some concerns that certain items available for rent could not be used on the
Municipal Beach and Atlantic Dunes Park. The following matrix lists the sporting goods
and equipment typically associated with beach activities and the restrictions associated
with the items.
Airborne Objects X
(kites, srnashball, football, yol!eyball,etc.)
Boogie Boards X
Fishing X
Flotation Devices/Rafts X
Kayaks * X
Scuba Diving I' X
Skim Boards X
Snorkel Equipment. X
Surfboards * X
Waverunners/Jet Skis X
Windsurfers * X'
· Surfboards, windsuffers and kayaks must be launched at designated areas
at the north and south ends of the municipal beach.
Community_ Redevelooment Agency:
The CRA will review this amendment at its meeting of March 12, 1998. Their
recommendation will be reported at the Planning and Zoning Board meeting.
Downtown Development Authority:
This item is scheduled for review by the DDA at its meeting of March 18, 1998. The
DDA's recommendation will be provided to the City Commission.
Pinea_D_ole Grove Main Street:
At its meeting of March 11, 1998, the PGMS reviewed and recommended approval of
the proposed text amendment.
P & Z Board Memorandum Staff Report
LDR Text Amendment - Sporting Goods & Equipment Rentals as a Permitted Use in the CBD &
GC Zoning Districts
Page 4
Courtesy Notices:
A special courtesy notices was provided to the following civic and homeowner's
associations:
· Delray Merchants Association
· Beach Property Owners
Letters of objection and support, if any, will be presented at the Planning and Zoning
Board meeting.
The proposed text amendment will specifically list the rental of sporting goods and
equipment as a permitted use in the CBD and GC zoning districts. The types of
sporting goods and equipment would be limited to non-motorized items (i.e. bicycles, in-
line skates, skateboards, snorkel equipment, etc.). Special regulations are proposed
within the CBD zoning distdct to prevent a large concentration of one type of item within
a block. This restriction would not apply to the GC zoning district. The outdoor display
would be subject to LDR Section 4.6.6(C)(3), limits outdoor display to 10% of the total
floor area of the business, and prohibits displays on public rights-of-ways, except when
part of an approved special event. Positive findings can be made with respect to LDR
Section 2.4.5(M), as there are no applicable goals, objectives, or policies which relate to
the LDR amendment.
By motion, recommend to the City Commission approval of a text amendment to LDR
Section 4.4.9(B) General Commercial (GC), Principal Uses an.d Structures Allowed, and
Section 4.4.13(B) Central :.Business District (CBD), Principal Uses and Structures
Allowed, to allow the rental of sporting goods and equipment as a permitted use, based
upon positive findings with LDR Section 2.4.5(M).
Attachment:
· Proposed Ordinance
Section 4.4.13 CBD (Central Business District):
(B) principal.Uses and Structures Permitted: The following types of use are
allowed within the CBD District as a permitted use:
(3) Services and Facilities including, but not limited to:
· Auctions, barber and beauty shops and salons, caterers, dry cleaning limited
to on-site processing for customer pickup only, dry cleaning and laundry
pickup stations, financing e.g. banks and similar institutions including drive-
through facilities, laundromats limited to self-service facilities, pet grooming,
restaurants excluding drive-in and drive-through, outdoor cafes, tailoring, ,
tobacconist, vocational schools limited to arts and crafts, business, beauty,
dancing, driving, gymnastics, photography, modeling, and karate-judo,
small item repair, and rental of Sporting goods and equipment (such as
bicycles, skates, boogie boards, etc.).
(H) Special Regulations:
(Add the following) (6) The rental of sportinq goods and equipment shall be
.limited to no more than one business renting a specific category of item (i.e. bicycles,
skates, etc.) per segment of a block fronting a .str. eet, and jany outdoor displays are
.subject to the restrictions set forth in Section 4.6.6(C)(3).
Section 4.4.9 General .Commercial (GC) District:
(B) principal Uses and Structures Permitted.: The following uses are allowed
within the GC Distdct as permitted uses, except as prohibited in the West Atlantic
Avenue Oveday Distdct by Section 4.4.9(G)(1)(a):
(4) Services and Facilities including, but not limited to:
· Auctions, barber and beauty shops and salons, caterers, dry cleaning limited
to on-site processing for customer pickup only, dry cleaning and laundry
pickup stations, financing e.g. banks and similar institutions including drive-
through facilities, laundromats limited to self-service facilities, pet grooming,
restaurants including ddve-in and drive-through, tailoring, tobacconist,
vocational schools limited to arts and crafts,-business, beauty, dancing,
ddving, gymnastics, photography, modeling, and karate-judo, c,".d small item
repair, and rental of SPOrting goods and e0uioment.
(H) .Special Regulations:
(Add the following) ('4~ Any outdoor diso!ay of sporting q0ods and
eauioment for rent is subiect to the restrictions set forth in Section 4.6.6(C)(3).
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~"'~
SUBJECT: AGENDA ITEM #/~)~- REGULAR MEETING OF APRIL 21, 1998
RESOLUTION NO. 28-98 (STATE HOUSING INITIATIVES
PARTNERSHIP (SHIP) LOCAL HOUSING ASSISTANCE PLAN)
DATE: APRIL 16, 1998
ITE~ BEFORE ~ COMMISSION:
The purpose of this item is to obtain approval for the adoption of
the State Housing Initiatives Partnership (SHIP) Program's Local
Housing Assistance Plan for Fiscal Years 1998/99, 1999/2000 and
2000/01 pursuant to Title 67-37 of the Florida Administrative Code
by approval of Resolution No. 28-98.
BACKGROUND:
For the past six years the Community Improvement Department has
received housing assistance funds from the SHIP program. SHIP
funds are generated from documentary stamp collection throughout
the State at the rate of two cents per dollar and are held in the
State's Housing Trust Fund. The State requires a Local Housing
Assistance Plan be established outlining how the City plans to
administer the Local Housing Assistance Program once SHIP funds
are received. On February 23, 1993, by Ordinance No. 2-93, the
City Commission established a Local Housing Assistance Program,
created the Local Housing Trust Fund and created the Affordable
Housing Advisory Committee to comply with various sections of
Title 67 of the Florida Administrative Code. Community
Improvement Department staff have administered the program and
under this plan have assisted Delray Beach residents with
homeownership and rehabilitation opportunities.
Staff and the members of the Affordable Housing Advisory Committee
have developed the Local Housing Assistance Program for the next
three years. SHIP funds will be used for the following
activities: (1) new construction purchase assistance; (2) existing
unit purchase assistance; and (3) rehabilitation assistance for
owner occupied units. The program anticipates an annual
allocation from the State's Trust Fund of approximately $328,242
per year. Over the three year period, it is estimated that
approximately 60 households will benefit from this program.
RECOMMENDATION:
Staff recommends approval of the Local Housing Assistance Plan for
Fiscal Years 1998/99, 1999/2000 and 2000/01 by the adoption of
Resolution No. 28-98.
ref: agmemol2 ~~
RESOLUTION NO. 28-98
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ADOPTING THE LOCAL HOUSING
ASSISTANCE PLAN PURSUANT TO THE STATE HOUSING
INITIATIVES PARTNERSHIP (SHIP) PROGRAM AS ATTACHED
HERETO; ESTABLISHING A MAXIMUM COST PER UNIT, THE
STRATEGIES AND INCENTIVES OF THE PLAN, THE MAXIMUM
SHIP FUNDS ALLOWABLE FOR ASSISTANCE, THE MAXI~JM
SHIP FUNDS FOR ADMINISTRATIVE EXPENSES; AUTHORIZING
THE NECESSARY CERTIFICATIONS BY THE MAYOR AND
AUTHORIZING SUBMISSION OF THE PLAN TO THE STATE
HOUSING FINANCE CORPORATION; PROVIDING FOR AN
EFFECTIVE DATE UPON APPROVAL.
WHEREAS, the State of Florida, under specific authority
established by the William E. Sadowski Act in July 1992, established
the State Housing Initiatives Partnership (SHIP) Program which
requires the City to develop a one to three year Local Housing
Assistance Plan outlining how funds will be used; and
WHEREAS, the Act also requires the adoption of a resolution
providing for (1) the maximum and average cost per unit available for
eligible housing units; (2) a maximum and average of funds awarded
under each strategy; (3) implementation of the strategies and
incentives under the plan; (4) establishment of ten percent (10%) of
total allocation and five percent (5%) of program income to be spent
on administrative costs of the SHIP program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the maximum cost per unit for eligible
housing assistance awards pursuant to the SHIP Program may not exceed
ninety percent (90%) of the median area purchase price for newly
constructed units and existing units as established by Revenue
Proclamation 94-55, United States Department of Treasury.
Section 2. That during the three fiscal years covered
under the Plan, the maximum award will be limited to $25,000 for very
low, $20,000 for low and $15,000 for moderate income households for
purchase assistance; and $25,000 maximum for very low and low income
households for owner occupied rehabilitation, specific to the
conditions, strategies and eligibility determination under the
guidelines of the SHIP Program and this Plan.
Section 3. That the City of Delray Beach finds that five
percent (5%) of the Local Housing distribution is insufficient to
ade~ately administer the SHIP Program. Therefore, the
administrative funding shall increase, but shall not exceed ten
percent (10%) as allowed by Title 67 of the Florida Administrative
Code, and to include the allowable five percent (5%) of Program
Income for additional administrative funding under the SHIP Program.
Section 4. That the City of Delray Beach is authorized to
submit the Local Housing Assistance Plan to the State Housing Finance
Corporation for its review and approval.
Section 5. That the Mayor is authorized to execute the
certifications required as a part of the Local Housing Assistance
Plan on behalf of the City of Delray Beach.
Section 6. That this resolution shall become effective
immediately upon its passage.
PASSED AND ~OPTED in regular session on this the 21st day
of April, 1998.
Deputy City Clerk
- 2 - Res. No. 28-98
CITY OF DELRAY BEACH
STATE HOUSING INITIATIVES PARTNERSHIP (SHIP)
LOCAL HOUSING ASSISTANCE PLAN
ADOPTED BY RESOLUTION 28-98
FISCAL YEAR 98-99 / FISCAL YEAR 99-2000 / FISCAL YEAR 2000-01
TABLE OF CONTENTS
I. Program Description 1
II. Interlocal Agreement 2
IlL Local Housing Assistance Partnership 2
IV. Program Strategies 3
Strategies 3-5
Participant Selection 5
Recapture Provisions 6
Leveraging 6
V. Incentive Strategies 6-9
VI. Affordability 9
VII. Advertisement & Outreach 10
VIII. Timetables for Expenditures 11
IX. Plan Amendment 11
X. Administrative Expenses 11
XI. Allocation of SHIP Funds by Program Year 12-13
XII. Housing Delivery Goals Chart 14-16
A. Certification to Florida Housing Finance Corporation 17
B. Resolution 19
STATE HOUSING INITIATIVE PARTNERSHIP (SHIP)
LOCAL HOUSING ASSISTANCE PLAN
CITY OF DELRAY BEACH, FLORIDA
FISCAL YEAR 98-99 / FISCAL YEAR 99-2000 / FISCAL YEAR 2000-01
The City of Delray Beach established a Local Housing Assistance Program with the
adoption of Ordinance No. 2-93 on February 23, 1993. This program description has
been created to promote and implement the goals of the City's SHIP Program which are
consistent with goals and objectives adopted within the Housing Element of the City's
Comprehensive Plan.
The City intends to undertake the activities outlined in this plan for three (3) fiscal years,
Fiscal Year 98-99, Fiscal Year 99-2000 and Fiscal Year 2000-01. All proposed program
activities are identified in the plan and are continued on an annual basis.
The City shall use the funds received from the State pursuant to the State Housing
Initiative Partnership (SHIP) Program in the following manner:
A. Ninety percent (90%) of the funds shall be used by the City to implement
the following locally designed strategies:
(a) New Construction - Eligible sponsors and households shall be
awarded funds for the construction of eligible housing for assistance with
lot acquisitions, payment of impact fees and eligible costs associated with
the project.
Co) Acquisition/Rehabilitation - Eligible sponsors or persons may be
awarded funds to acquire existing housing units for purchase and
rehabilitation of existing units.
(e) Rehabilitation - Very low-income and low income persons who own
and occupy substandard housing units shall be awarded funds to
rehabilitate, or in the case of special needs households, to retrofit such
units to improve accessibility.
(e) Match Requirements - In order to obtain and use Federal housing
grants with mandatory match requirements.
All units constructed, rehabilitated or otherwise assisted with SHIP funds will be
occupied by very-low-income (50% of median), low-income (80% of median), and
moderate-income (120% of median) persons and those who have special housing needs.
A minimum of thirty percent (30%) of the funding will be used by very low-income
persons. A minimum of thirty percent (30%) will be used by low-income persons. An
additional thirty percent (30%) will be used by moderate-income, low-income or very-
l
Iow-income persons. The remaining ten (10%) percent is allocated for administrative
costs. Special needs category is included within these percentages.
Not less than sixty-five percent (65%) of the funds will be used for homeownership and
not less than seventy-five percent (75%) of the funds will be reserved for construction,
rehabilitation or emergency repair of eligible housing.
The sales prices for newly constructed or existing structures which will be rehabilitated
may not exceed $134,040 or $107,949 respectively. The average sales price for a newly
constructed home is expected to be $90,000 and $70,000 for existing homes. The sales
price shall never exceed ninety percent (90%) of median area purchase price as
established under Revenue Proclamation 94-55, United States Department of Treasury.
Based on the dollars anticipated being awarded to the City of Delray Beach and given the
planning and work with local non-profit organizations that are occurring on an ongoing
basis, this plan does not propose to use funds for other eligible activities during the three
(3) year period. Supportive housing activities such as housing and credit counseling,
tenant counseling and other supportive services needed to facilitate affordable programs
will be funded by other sources currently available to the City.
Several local banks and one bank consortium have agreed to provide homebuyer training
and credit counseling as well as first mortgage funding. Habitat for Humanity has agreed
to provide a training program for the new homeowner to assist in making the transition
from renter to homeowner.
II. INTERLOCAL AG~EMENT
The Local Housing Assistance Plan does not involve an inter-local agreement. All
activities are carded out within the geographic boundaries of the city limits of the City of
Delray Beach. Priority for funding will be given to the Community Development Block
Grant and Community Redevelopment Agency Target Areas.
III. :LOC~ HOUS~G ASSISTANCE PARTNERSHIP
The City of Delray Beach has formed a partnership that involves local government,
lending institutions, housing developers, community based organizations and providers of
professional services relating to affordable housing.
The partnership includes the City of Delray Beach Community Improvement Department,
the Delray Beach Community Redevelopment Agency, the Community Financing
Consortium, Inc., the Delray Beach Housing Authority, the Center for Technology
Enterprise & Development, the Delray Beach Community Development Corporation and
local contractors. This partnership was developed to implement a comprehensive home-
building and community revitalization program. Resources from each participant in the
local Housing Partnership will be leveraged to reduce the cost of housing to very-low,
low and moderate income homebuyers.
The City's emphasis on "Neighborhood Stabilization" through the development of
homeowner associations, enhanced code enforcement, as well other initiatives directed at
mitigating declining conditions within target neighborhoods provides the oppommities to
increase the number of affordable units made available to our very-low and low income
tenants. The City believes such efforts will assist in making these areas more attractive
for infill housing development.
IV. PROG~M STRATEGIES
This Plan provides for increasing the number of homeowners and the availability of
affordable housing under the following strategies to be conducted within the boundaries
of the City:
A. STRATEGY NO. 1: NEW CONSTRUCTION-HOMEOWNERSItIP
SHIP funds will be used in Fiscal Year 98-99, Fiscal Year 99-2000 and
Fiscal Year 2000-01 to provide incentives for the construction of
affordable housing for occupancy by very-low-income, low-income and
moderate-income households. Applications will be accepted by City staff
and placed on a first come first served encumbrance list within each
income category. Non-profit organizations may refer individuals to the
program, however, all eligibility determinations and encumbrances will be
conducted by City staff. The following are two provisions under this
strategy:
1. Assistance with Construction Financing - Deferred loans will
provide assistance as down payment, closing cost and principle reductions
for newly constructed units and will be awarded to eligible very low, low
and moderate income households. Loan awards will be limited to a
maximum of $25,000 for very low, $20,000 for low and $15,000 for
moderate income households. Down payment assistance and principle
reductions above $3,500 will be in the form of a deferred 0% interest
loan secured by a second mortgage / promissory note forgivable over five
years for loans under $15,000 and ten years for loans over $15,000
(proration of the amount will occur at a rate specific to the duration of the
note). Closing Cost assistance under $3,500 will be awarded as a grant
and will not be subject under the program's recapture provisions.
2. Lot Acquisition for New Construction - Assistance with the
purchase of vacant, single family lots may be given to eligible sponsors or
the very-low, Iow and moderate income households needing to subsidize a
portion of the cost of the home or mortgage to lower the end price. Final
3
package price for lot and construction cost may not exceed 90% of the area
median which is currently $134,040.00. Lots acquired and provided to
eligible sponsors and/or families will be conditioned on construction
beginning within twelve (12) months of closing or assignment of the lot
and the condition that the new unit must be occupied within twenty-four
(24) months of the fiscal year in which it was acquired. Loan awards will
be limited to a maximum of $25,000 for very low, $20,000 for low and
$15,000 for moderate income households. Down payment assistance and
principle reductions above $3,500 will be in the form of a deferred 0%
interest loan secured by a second mortgage / promissory note forgivable
over five years for loans under $15,000 and ten years for loans over
$15,000 (proration of the amount will occur at a rate specific to the
duration of the note). Closing Cost assistance under $3,500 will be
awarded as a grant and will not be subject under the program's recapture
provisions.
The selection criteria for eligible sponsors are:
(1) designated 501(C)(3) non-profit organization under IRS
guidelines,
(2) legally operating within the jurisdiction of the City of Delray
Beach and/or Palm Beach County,
(3) has a demonstrated track record and production experience in the
construction and delivery of affordable housing,
(4) possess an executed agreement with the City of Delray to
participate and further its goals in the delivery of affordable
housing to the City's very-low, low and moderate income
households.
B. STRATEGY NO. 2 -
HOMEOWNERSHIP/PURCHASE/REHABILITATION
SHIP funds will be used in Fiscal Year 98-99, Fiscal Year 99-2000 and
Fiscal Year 2000-01 to provide incentives in the form of purchase
assistance and/or rehabilitation assistance to very-low, low and moderate
income households in order to acquire existing units which may be in need
of rehabilitation. Purchase price including rehabilitation will not exceed
90% of area median price which is currently $107,949. Loan awards will
be limited to a maximum of $25,000 for very low, $20,000 for low and
$15,000 for moderate income households. The loans will be in the form
of a deferred 0% interest loan second mortgage / promissory note
forgivable over five years for loans under $15,000 and ten years for loans
over $15,000 (proration of the amount will occur at a rate specific to the
4
duration of the note). Closing cost assistance under $3,500 will not be
subject to the program's recapture provisions.
C. ~$TRATEGY NO. 3 - HOUSING REItABILITATION/EXISTING
OWNER-OCCUPIED UNITS
SHIP funds in all three (3) fiscal years will be used to provide deferred
loans of up to $25,000 to very low and low income eligible households to
rehabilitate existing owner-occupied single family units. Rehabilitation of
units will address interior and exterior building/electrical/plumbing
problems, health and safety issues as well as the retrofit of items for those
with special needs. It is assumed that no private lender moneys will be
involved in these rehabilitation activities. However, in such cases, moneys
from the City's general revenue funded "Bootstrap Program" or a private
lender may be combined with SHIP funds to fired total cost of
rehabilitative project. The loans will be in the form of a deferred 0%
interest loan second mortgage / promissory note forgivable over five years
for loans under $15,000 and ten years for loans over $15,000 (proration of
the amount will occur at a rate specific to the duration of the note).
D. PARTICIPANT SELECTION
1. Applications for participation will be taken on specified dates if
demand warrants. The initial advertised application period of July 1 st of
each fiscal year does not restrict individuals from making application to
the program at any time. All applications will be on a first-come first-
served basis within the income groups to be served.
2. Income Eligibility of households will be determined using the
definition of "Annual Income" as defined under HUD 24 CFR Section
5.609(b). The guidelines will be used to verify income, assets and other
information required.
3. Debt Ratio (Affordability) - Applicants will be screened on the
lenders income to housing debt ratios. Housing expenses (PITI) may
exceed thirty percent (30%) of the household's income if the total
financing package is approved by a primary lender. However, this
amount shall not exceed thirty percent (30%) of the area median-income
limits adjusted for family size for the income category.
4. Unit Sale Price/Purchase/Rehabilitation Costs - The purchase
price of the unit will be compared against program guidelines. Only units
meeting these guidelines will be eligible for assistance.
E. RECAPTURE PROVISIONS
1. All individuals assisted with SHIP funds will be contractually
subject to recapture as per the City's recapture requirements. These
recapture provisions will be enforced by a note and mortgage on the
property for those purchasing homes and an executed agreement between
the City and the property owner for those receiving rehabilitation
assistance for existing homeowners.
2. Prior to receiving a loan award, all eligible persons or eligible
sponsors shall enter into an agreement to comply with the affordable
housing criteria provided under applicable sections of the Florida State
Statutes and this plan.
3. A 0% interest deferred loan award for financial assistance under
any of the specified strategies of an amount greater than $3,500 will be
subject to the recapture provisions. Loan awards of $3,501 to $14,999
shall be secured by a second mortgage on the property with a term of five
(5) years decreasing at a rate of twenty (20%) percent per year. An award
of $15,000 or more shall be secured as a forgivable second mortgage with
a term often (10) years decreasing at a rate often (10%) percent per year.
F. LEVERAGING
The use of SHIP funds along with CDBG funds, General Revenue
contributions awarded by the City, participation in the Palm Beach County
HOME Consortium, leverages with private sector financing and technical
support will provide the basis for increasing the supply of affordable
housing for Delay Beach residents. The experience of the City's staff
provides the opportunity to implement affordable housing programs on a
timely basis.
The City of Delray Beach Affordable Housing Advisory Committee held meetings to
review existing policies, procedures, ordinances, land development regulations and
incentives in order to make specific recommendations aimed at encouraging and
facilitating affordable housing while also protecting property values. The following
incentives are proposed to be implemented during the fiscal years covered in this plan:
1. Expedited Permit Process - The City has in place a "One Stop Shop"
permitting process for a coordinated review and approval of all developmental
applications submitted through the Building Division. The system features a fully
automated application tracking software package that provides the opportunity to
6
readily identify delays in review time from various departments within the permit
process. Applications submitted for affordable housing projects will receive a
label marking it as such and prioritized for review. Applications received are
processed by designated persons under the approved expedited permitting process
developed for this program.
2. Impact Fee Requirements (Land Development Regulations, Section
2.4.3(K) - The City has been unsuccessful in petitioning the County to waive
impact fees associated with new construction of affordable housing units. The
County does provide an impact fee credit for units built on a lot which had a
previous residential unit on the site. The Community Development staff provides
the research on properties to identify these credits wherever possible. When no
credit is applicable, the City may use SHIP funds to pay the impact fees. The City
has adopted a policy for the waiver of building, paving, irrigation and plan review
fees for affordable units. This has generated a savings to the homeowner
estimated at $1,200 in permit fees per unit.
3. Allowance of Increased Density Levels (Comprehensive Plan, Housing
Element, Policy C-3.1) - The Housing element provides for increases to density
when it can be demonstrated that such increases will lead to an affordable unit,
provided that other policies of the Comprehensive Plan are met. The Land
Development Regulations allow for increased densities in planned unit
developments on a case by case basis. This does not apply to infill housing and
the lack of large vacant parcels makes this incentive limited in its effect.
4. Reservation of Infrastructure Capacity (Comprehensive Plan, Housing
Element, Policy A-2.3) - Infrastructure facilities currently exist throughout the
entire city. However, where there are visible signs of deterioration,
Comprehensive Plan policy provides for prioritization in scheduling necessary
improvements. As each year's infrastructure improvement schedule is prepared,
priority is given to neighborhoods with concentrations of infrastructure
deficiencies.
6. Reduction of Parking and Set Back Requirements (Land
Development Regulations, Section 4.6.9(C) - Current regulations require two
parking spaces per dwelling unit in Single Family zoning districts. As an
incentive to affordable housing, one of the required parking spaces may be located
7
within the side set back within one foot of the property line, provided the
impervious area used for parking is sloped to drain on the lot being developed.
This incentive will provide a cost reduction of approximately $500 per unit. The
allowance of side set back parking improves the appearance and traffic flow by
reducing haphazard street parking.
7. Establish a process by which impact of new policies, procedures,
ordinances and regulations on the cost of housing are reviewed prior to
approval (Resolution Number 19-94, Affordable Housing Incentive Plan) -
Aside from contributing input to the writing of thc City's Local Housing
Assistance Plan, thc affordable Housing Advisory Committee continues to meet
on a bi-monthly basis to discuss all policies, procedures and regulations which
have thc potential to impact the cost or supply of affordable housing. The
committee has contributed greatly to the City's affordable housing program in
providing expertise and suggestions on the overall functioning of the program as
well as to review thc factors involved in increased cost of housing.
8. Preparation of a printed inventory of locally owned public lands
suitable for affordable housing (Resolution Number 19-94, Affordable Housing
Incentive Plan) - The Planning Department has compiled a complete list of City
owned lands of 3 acres or more along with available single family lots. The
Community Redevelopment Agency maintains a list of vacant parcels which they
own or have under contract suitable for infill residential construction. These lists
are made available to the public, private developers and non-profit agencies.
11. Reduction of Landscape Requirements (Land Development
Regulations, Section 4.6.16(H) - The current requirements at Section 4.6.16(H)
for Single Family housing is that 20% of all pervious lot area be planted in shrubs
and ground cover and the remaining 80% of the area be planted in turf. In support
of projects participating in the City's Affordable Housing Programs the
requirements of the landscape code are to be reduced to allow for only 10% of the
pervious single family lot area be planted in shrubs and ground cover and that
they be installed in the front and side setbacks. It is estimated that the $1200 will
be reduced from the cost of producing one unit.
~, ~FORDABILITY
For the purpose of determining eligibility and affordability under the SHIP Program, the
following Florida Housing Finance Corporation 1997 area income limits adjusted to
family size for the City of Delray will be used:
Number of Persons in Household
Table A
Set
Aside 1 2 3 4 5 6 7 8
50% 17,900 20,500 23,050 25,600 27,650 29,700 31,750 33,800
80% 28,650 32,750 36,850 40,950 44,250 47,500 50,800 54,050
120% 43,008 49,152 55,296 61,440 66,355 71,270 76,186 81,101
*Subject to annual changes by HUD
Affordability is defined as meaning that monthly PITI payments should not exceed thirty
percent (30%) of adjusted area median income limits for the applicable income category
(per Table A). However, PITI may exceed thirty percent (30%) if a first institutional
mortgage lender deems that a household can afford more than the thirty percent (30%)
benchmark.
A. Assistance Requirements
1. Homes which are purchased under the SHIP Program may not have
a sales price that exceeds $134,040 for newly constructed units or
$107,949 for existing structures which may be purchased and
rehabilitated. Under no circumstances may the sales price or appraised
value after purchase and rehabilitation exceed ninety (90%) percent of
median area purchase price as established under Revenue Proclamation
94-55, United States Department of the Treasury.
9
2. The maximum award of SHIP funds may not exceed $25,000 per
unit. The maximum ceiling includes the aggregate of SHIP awards for
purchase assistance and/or rehabilitation assistance which may be used in
combination to provide housing to an eligible household. All loans issued
from SHIP funds maximum length shall be ten (10) years.
3. All units constructed, rehabilitated or otherwise assisted with SHIP
Program funds must be occupied by persons who are very low, low and
moderate income households or persons with special housing needs.
4. Units constructed or rehabilitated with SHIP funds and sold to
homebuyers will be subject to the City's subsidy recapture provisions.
5. The City ensures that the Local Housing Partnership eligible
sponsors and the City shall not discriminate in the loan application process
of eligible persons for eligible housing on the basis of race, creed, religion,
color, age, sex, martial stares, national origin or handicap in the loan
application process for eligible housing.
6. SHIP funds may not be used as a pledge for debt service on bonds
or as rent subsidies.
ADVERTISEMENT AND OUT.ACH
Annually, the City conducts a Community Needs Assessment Meeting whereby the
public is invited to attend and provide input on how program funds should be allocated.
On June 12, 1997, the Needs Assessmem Meeting was held and from the participants
involved, it was the general consensus that Housing Rehabilitation for Owner-Occupied
units and Homeownership Programs should continue.
The Community Improvement Department will advertise the availability of the Local
Housing Assistance Program at least thirty (30) days prior to the beginning of the
application period, at periodic intervals throughout the year. The availability of funds
will be advertised in a local newspaper including the free throw-aways available to
residents, established homeowner association newsletters, churches located in the CDBG
target area, and other organized methods that may be available. Additionally, staff will
be responsible for the development of flyers describing the program to disseminate to
various organizations and agencies including the Delray Beach Housing Authority,
Habitat for Humanity and the non-profit local based Community Development
Corporations.
10
VIII. TIMETABLE FOR EXPENDITU~S
FY 98-99
Advertise Availability July 1998
Begin Applications July 1998
Encumber Funds Dec 1999
Expend Funds June 2001
Annual Reports Aug 1998
FY 99-2000
Advertise Availability July 1999
Begin Applications July 1999
Encumber Funds Dec 2000
Expend Funds June 2002
Annual Reports Aug 1999
FY 2000-01
Advertise Availability July 2000
Begin Applications July 2000
Encumber Funds Dec 2000
Expend Funds June 2003
Annual Reports Aug 2000
IX. PLAN AMENDMENT
SHIP funds will be encumbered within six (6) months of the end of the fiscal year in
which they are received. A Plan amendment is called for if a Plan strategy is added or
deleted. Plan amendments will be submitted to the State Review Committee within
twenty-one (21) days after adoption. Amendments will not take effect until approved by
the State. Corrections to income limits or amount of funds committed to each strategy
will be made by a budget-adjustment. Any such corrections will be submitted to the
Florida Housing Finance Corporation upon effective acceptance. The City shall notify
the Florida Housing Finance Corporation promptly if the City will be unable to comply
with the provisions of the Plan.
X. ~MINISTRATIVE EXPENSES
The Community Improvement Department's Community Development Division wiIl be
responsible for the administration of the Local Housing Assistance Plan. The City of
11
Delray Beach has determined that it is necessary to use 10% of the SHIP allocation
during the three (3) year period for administration. The additional 5% of program income
allowed for administrative expenses will be added to the amounts for administrative
expenses as received. The funds will be used to fund a position which will be directly
responsible for the administration of the SHIP Program. This position will function as a
planner to develop and coordinate the specific programs and policies approved under the
Housing Element of the City's Comprehensive Plan.
XI. ALLOCATION OF S.H.I.P. FUNDS BY PROGRAM YEAR
FISCAL YEAR 1998-99
ANNUAL ALLOCATION $328.242
NEW CONSTRUCTION/LOT FINANCING ** $ 95,418
Avg. Amount of Assistance per Unit ($15,000)
Avg. Cost per Unit ($89,000)
Number of Units Assisted 6
HOMEOWNERSHIP/REHABILITATION $100,000
Avg. Amount of Assistance per Unit ($15,000)
Avg. cost per Unit ($75,000)
Number of Units Assisted 7
HOUSING REHABILITATION $100,000
Avg. Amount of Assistance per Unit ($14,500)
Number of Units Assisted 6
ADMINISTRATION $ 32,824
FISCAL YEAR 1999-2000
ANNUAL ALLOCATION $328.242
NEW CONSTRUCTION/LOT FINANCING ** $ 95,418
Avg. Amount of Assistance per Unit ($15,000)
Avg. Cost per Unit ($89,000)
Number of Units Assisted 6
HOMEOWNERSHIP/REHABILITATION ** $100,000
Avg. Amount of Assistance per Unit ($15,000)
Avg. Cost per Unit ($75,000)
Number of Units Assisted 7
12
FISCAL YEAR 1999-2000
ANNUAL ALLOCATION $328.242
HOUSING REHABILITATION $100,000
Avg. Amount of Assistance per Unit ($14,500)
Number of Units Assisted 6
ADMINISTRATIVE $ 32,824
FISCAL YEAR 2000-01
ANNUAL ALLOCATION $328.242
NEW CONSTRUCTION/LOT FINANCING $ 95,418
Avg. Amount of Assistance per Unit ($15,000)
Avg. Cost per Unit ($89,000)
Number of Units Assisted 6
HOMEOWNERSHIP/REHABILITATION $100,000
Avg. Amount of Assistance per Unit ($15,000)
Avg. Cost per Unit ($90,000)
Number of Units Assisted 7
HOUSING REHABILITATION $100,000
Avg. Amount of Assistance ($14,500)
Number of Units Assisted 6
ADMINISTRATION $ 32,824
NOTE: Averages projected reflect amount per year/per each individual strategy.
The averages projected in the narrative are a collective average for the three (3) fiscal
years by strategy.
13
CERTIFICATION TO
FLORIDA HOUSING FINANCE CORPORATION
Local Government: Delta7 Beach County/City
(1) The local government will advertise the availability of SHIP funds pursuant to Florida Statutes.
(2) All SHIP funds will be expended in a manner which will insure that there will be no
discrimination on the basis of race, creed, color, age, sex, familial status, handicap, religion, or national
origin.
(3) A process for selection of recipients for funds has been developed.
(4) The eligible municipality or county has developed a qualification system for applications for
awards.
(5) Recipients of funds will be required to contractually commit to program guidelines.
(6) The Florida Housing Finance Corporation will be notified promptly if the local govemrnent (or
interlocal entity) will be unable to comply with the provisions the plan.
(7) The Local Housing Assistance Plan shall provide for the expenditure of SHIP funds within 24
months following the end of the State fiscal year in which they are received.
(8) The plan conforms to the Local Government Comprehensive Plan, or that an amendment to the
Local Government Comprehensive Plan will be initiated at the next available oppommity to insure
conformance with the Local Housing Assistance Plan.
(9) Amendments to the approved Local Housing Assistance Plan shall be provided to the Corporation
with in 21 days after adoption.
(10) The trust fund shall be established with a qualified depository for all SHIP funds as well as
moneys generated from activities such as interest earned on loans.
(11) Amounts on deposit in the local housing assistance trust fund shall be invested as permitted by
law.
(12) The local housing assistance trust fund shall be separately stated as a special revenue fund in the
local governments audited financial statements, copies of the audits will be forwarded to the
Corporation as soon as available.
%
(13) An interlocal entity shall have its local housing assist~ce trust fund separately audited for each
state fiscal year. and the audit forwarded to the Corporation as soon as possible.
Page 2
Certification
(14) SHIP funds will not be pledged for debt service on bonds or as rent subsidies.
(15) Developers receiving assistance from both SHIP and the Low Income Housing Tax Credit
(LIHTC) Program shall comply with the income, affordability and other LIHTC requirements,
Similarly, any units receiving assistance from other federal programs shall comply with all
Federal and SHIP program requirements.
(16) Loans shall be provided for periods not exceeding 30 years, except for deferred payment loans or
loans that extend beyond 30 years which continue to service eligible persons.
(17) Rental Units constructed or rehabilitated with SHIP funds shall be monitored at least annually for
15 years for compliance with tenant income requirements and affordability requirements.
Witness Chief Elected Official
Jay Alperin, Mayor
Witness Type Name and Title
Date
OR
Attest:
(Seal)
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # /D~ - REGULAR MEETING OF APRIL 21, 1998
ORDINANCE NO. 16-98 (EXEMPTING SCHOOL FACILITIES FROM
DJ_JURM SYSTEM ORDINANCE)
DATE: APRIL 16, 1998
This is second reading and a public hearing for Ordinance No.
16-98 which amends Chapter 112, "Alarm Systems", of the City Code
by enacting an exemption from the provisions of Chapter 112 for
school facilities owned by the School District of Palm Beach
County.
At first reading on April 7, 1998, the Commission passed the
ordinance by unanimous vote.
Recommend approval of Ordinance No. 16-98 on second and final
reading.
ref:agmemol0
ORDINANCE NO. 16-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 112, "ALARM
SYSTEMS", SECTION 112.06, "EXEMPTIONS", BY ENACTING
A NEW SUBSECTION 112.06(C) TO PROVIDE AN EXEMPTION
FROM CHAPTER 112 FOR SCHOOL FACILITIES OWNED BY THE
PALM BEACH COUNTY SCHOOL DISTRICT; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, Chapter 112, "Alarm Systems", of the City of
Delray Beach Code of Ordinances provides for a method of collecting a
fee from property owners for excessive false alarms; and
WHEREAS, a majority of the alarms to which the police
respond at public school facilities result from vandalism and not
from faulty alarm systems; and
WHEREAS, the City Commission desires to work with the
School District for Palm Beach County ("School District") in an
effort to reduce the number of alarm calls to which the police
respond; and
WHEREAS, the City Commission acknowledges the number of
schools operated by the School District, and the cooperation of the
School District in combating vandalism.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 112, "Alarm Systems", Section
112.06, "Exemptions", of the Code of Ordinances of the City of Detray
Beach, Florida, be, and the same is hereby amended to read as
follows:
Section 112.06 EXEMPTIONS.
The provisions of this chapter shall not apply to:
(A) Alarm systems affixed to motor vehicles, mobile
conveyances or equipment; or
(B) Alarms which are not intended to be heard outside the
premises; .or
(C) Alarms which serve school facilities owned by the
School District for Palm Beach County.
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective
immediately upon its passage on second and final reading.
PASSED AND ~OPTED in regular session on second and final
reading on this the 21st day of April , 1998.
ATTEST:
/city ~erk - !
First Reading April 7, 1998
Second Reading April 21, 1998
- 2 - Ord. No. 16-98
[lTV OF DELRfl¥ BEFI[H
FIRE DEPARTMENT SER,,,',~G DELRAY BEACH · GULFSTREAM · HIGHLAND BEACH
DELRAY BEACH
TO: DAVID T. HARDEN, CITY MANAGER
FROM: ROBERT B. REHR, FIRE CHIEF
DATE: APRIL 16, 1998
SUBJECT: ORDINANCE NO. 18-98, AMENDING CHAPTER 96, 'FIRE
SAFETY & EMERGENCY SERVICES' OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH
The City of Delray Beach Fire Department proposes to amend the City of Delray
Beach Code of Ordinance, Chapter 96: Fire Safety & Emergency Services, Sections 96.16,
96.17, and 96.46.
The proposed revisions and updates will provide consistency with the uniform
standards mandated by the State of Florida. The revision also provides for an exception to
the NFPA 101 Life Safety Code, 1994 edition, Section 19-3.5.6. This provides for Exception
No. 2 of Section 19-3.5.6 to be followed which allows for an engineered life safety system in
lieu of the requirement to protect throughout by an approved, supervised, automatic
sprinkler system. This section is further amended to provide that affected buildings shall
have five (5) years from the effective date of the ordinance to come into compliance.
Resolution 57-97 established the High-rise Fire Safety Task Team as an advisory
body to examine the impact with respect to fire protection sprinklers in high-rise
residential buildings and to make recommendations to the City Commission. At the April
14, 1998, City Commission Workshop the Commission directed city staff to proceed with
an ordinance to amend the applicable codes and to provide for an exception to NFPA 101
Life Safety Code, 1994 edition, Section 19-3.5.6. Following the workshop the Fire Safety
High-rise Task Force met and made a decision not to support the exception to 19-3.5.6, but
to recommend the deletion of Section 19-3.5.6.
Fire Chief
F!RE DEPbRTr.':EN'T HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444
t561) 243-7400 · SUNCOL~ 928-7400 · FAX (561) 243-746t I,~ ,~ ·
APR,6
April .....
15, 1998 ,.., .-- ~ . ,~ '.;.
Mayor Jay Alperin
100 N.W. 1st Ave.
Delray Beach, FL 33444
Dear Mayor Alperin:
I am writing to clear up a misunderstanding regarding ChiefRehr's statements regarding
Option 3 of his Memorandum at the conclusion of the Report of the Fire Sprinkler Task Force on
April 14, 1998. We, and the owners of these condominiums, have made it clear that the adoption
of the 1994 Code was acceptable to us only with the exception of Section 19-3.5.6. It is not
needed in light of the multiple safety requirements already in the Code, many of which are
enumerated in our Report.
This position is identical to the so-called Option 2 in ChiefRehr's Memorandum of April
4, 1998. Option 3 is not meaningful in that it refers to an "engineered life safety system." This
phrase is found in Exception 2 under Section 19-3.5.6. and has no significance unless that Section
has been put into effect. No Section 19-3.5.6., no "engineered life safety system."
Section 19-3.5.6. should not be adopted for all the reasons set forth in our Report
and because it is not necessary to assure the safety of the residents of the eleven condominiums
affected.
We ask for your prompt action. Enact the 1994 Life Safety Code with the exception of
Section 19- 3.5.6.
William H. Latimer, J{.V'C'hairman
Fire Sprinkler Task Force Team
FAILED ON FIRST READING - 4/21/98
ORDINANCE NO. 18-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE .SAFETY AND
EMERGENCY SERVICES", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, BY AMENDING SECTION 96. l& "CERTAIN
CODES ADOPTED BY REFERENCE", TO PROVIDE WHICH EDITION OF
THE VARIOUS NFPA CODES ARE APPLICABLE; BY REPEALING
SECTION 96.17. "AMENDMENTS"; BY AMENDING SECTION 96.46,
"ABOVEGROUND INSTALLATIONS", TO PROVIDE FOR CONDITIONS
FOR ABOVEGROUND TANK INSTALLATIONS; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the City follows certain NFPA codes in relation to fire protection
requirements; and
WHEREAS, the NFPA periodically updates its codes by issuing editions; and
WHEREAS, the City Commission deems it to be in the public interest to adopt certain
updated NFPA Codes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA. AS FOLLOWS:
Section 1. That Chapter 96, "Fire Safety and Emergency Services", Section 96.16,
"Certain Codes Adopted by Reference", of the Code of Ordinances of the City of Delray Beach,
FIorida~ be, and the same is hereby amended to read as follows:
Section 96.16 CERTAIN CODES ADOPTED BY REFERENCE.
(A) The Uniform Fire Safety Standards promulgated pursuant to Section 633.022 of
the Florida Statutes and the rules promulgated by the State Fire Marshal pursuant to Section
633.01 of the Florida Statutes, and as set forth in the Florida Administrative Code, Rule 4A. are
herein incorporated by reference, all as if fully set forth herein and as may be revised and amended
from time to time. If there are subsequent revisions or amendments to the Uniform Safety
Standards or Rules of the State Fire Marshal, then those revisions and amendments automatically
become adopted under this chapter and are deemed a part hereof. A violation of the Uniform
Safety Standards or the Rules of the State Fire Marshal shall be a violation of this section.
(B) There are adopted for the purpose of prescribing regulations governing conditions,
hazards to life, or property, from fire or explosion, the following minimum National Fire Codes,
by (NFPA)
prescribed the National Fire Protection Association ,
~^~ ....... u~.~u..., a~,~ _~.a:,:~a,, ----, ...... .'~a :., e~,:^, ,~: ~'v of thi: Au ..... ~ if fully
.............. ., ........ . ..................................... v,,-. ~ as set
forth herein. A violation of the National Fire Codes as set forth herein shall be deemed a violation
FAILED ON FIRST READING - 4/21/98
of this section. The applicable National Fire Codes are on file in the office of the City Clerk, and
the provisions thereof shall be controlling within the 'limits of the city:
( I ) NFPA 1, "Fire Prevention Code", 1987 1992 edition.
(2) NFPA 10, "Portable Fire Extinguishers", 1991 1994 edition.
(3) NFPA 11, "Low Expansion Foam and Combined Agent Systems", 1988
1994 edition.
(4) NFPA I1A, "Medium and High Expansion Foam Systems", 1988 1994
edition.
(5) NFPA 12, "Carbon Dioxide Extinguishing Systems", 1989 1993 edition.
(6) NFPA 12A, "Halon 1301 Extinguishing Systems", 1989 1992 edition.
(7) NFPA 12B, "Halon 121 ! Extinguishing Systems", 1990 edition.
(8) NFPA 13, "Installation of Sprinkler Systems", 1989 1994 edition.
(9) NFPA 13D, "Sprinkler Systems in One- and Two- Family Dwellings",
1989 1994 edition.
(10) NFPA 13R, "Installation of Sprinkler Systems in Residential Occupancies
Up to Four Stories in Height", -I-989 1994 edition.
(11) NFPA 14, "Installation of Standpipe and Hose Systems", 1999 1993
edition.
(12) NFPA 15, "Water Spray Fixed Systems", 1990 edition.
(13) NFPA 16, "Installation of Deluge Foam-Water Sprinkler and Foam-Water
Spray Systems", 199 ! 1995 edition.
(14) NFPA 17, "Dry Chemical Extinguishing Systems", 1999 1994 edition.
(15) NFPA 17A, "Wet Chemical Extinguishing Systems", 4x390 1994 edition.
(16) NFPA 20, "Installation of Centrifugal Fire Pumps", 4-990 1993 edition.
(17) NFPA 22, "Water Tanks for Fire Protection", -1-9gg 1993 edition.
2 ORD. NO. 18-98
FAILED ON FIRST READING - 4/21/98
(18) NFPA 25, "Water Based Fire Protection Systems", 1995 edition.
(19) NFPA 30, "Flammable and Combustible Liquids Code", -t-900 1993 edition.
x,;~9a)(20) NFPA 30A, "Automotive' and Marine Service Station Code", 1993
edition.
;~r~x;?~ NFPA 31 "Installation of Oil Burning Equipment", tnQ-7 1992
edition.
rot x;?,~ NFPA 32, "Drycleaning Plants", 1990 edition.
;'~'~x;?'~ NFPA 33, "Spray Application Using Flammable and Combustible
Materials", 1989 edition.
;'~'~xt'~a~ NFPA 34, "Dipping and Coating Processes Using Flammable or
~.a.,,.-']l/-,w!
Combustible Liquids", 1989 edition.
~,.~;~,,.~,;'~'~x;?q~ NFPA 35, "Manufacture of Organic Coatings", ~ c~Q-t, ~,~, 1995 edition.
to~xt?r,~ NFPA 40, "Storage and Handling of Cellulose Nitrate Motion
Picture Film", 1988 1994 edition.
;'~r-xt?'7~ NFPA 408, "Storage of Pyroxylin Plastic", Icmr- 1993 edition.
~,-;°'*xt?~, ;~,--,-, NFPA 43A, "Storage of Liquid and Solid Oxidizing Materials",
1990 edition.
(--2&)(29) NFPA 43B, "Organic Peroxide Formulations, Storage of', 1986
1993 edition.
(30) NFPA 43D, "Storage of Pesticides in Portable Containers", 1956 1994
edition.
(31) NFPA 45, "Fire Protection for Laboratories Using Chemicals", 198,6 1991
edition.
(32) NFPA 46, "Storage of Forest Products", 1990 edition.
(33) NFPA 51, "Design and Installation of Oxygen-Fuel Gas Systems for
Welding, Cutting and Allied Process", 1987 1992 edition.
3 ORD. NO. 18-98
FAILED ON FIRST READING - 4/21/98
(34) NFPA 51 A, "Acetylene Cylinder Charging Plants", 1989 edition.
(35) NFPA 5lB, "Cutting and Welding Processes", 19°~ 1994 edition.
(36) NFPA 54, ",~'at,..'ral National Fuel Gas Code", 1988 1992 edition.
(37) NFPA 58, "Storage and Handling of Liquefied Petroleum Gases", 1999
1995 edition.
~yste~:wlx;~ 70, "National Electric Code" 1993 edition.
(39) ~PA 72, "~
c: .... i:~,. c ....... c~ ~ .... ~.~ m .... ~:~ ~ ..... ~ c ...... ; .... c~,:~,, 1990
"National Fire ~arm Code", 1993 edition.
F~. D.~+.~+;.,~ C;,..~I;.,. C.,~+~
~z~tan~t NFPA 75, "Protection of Electronic Computer/Data Processing
Equipment", 1989 1992 edition.
~(41) NFPA 80, "Fire Doors and Windows", 1990 1992 edition.
(~(42) ~PA 82, "Incinerators, Waste and Linen Handling Systems and
Equipment", 1990 1994 edition.
~(43) ~PA 88~ "Paring Structures", 1985 1991 edition.
~44) ~PA 88B, "Repair Garages", 1985 1991 edition.
~(45) ~PA 90A, "Installation of ~r Conditioning and Ventilating Systems",
1989 1993 edition.
(-49-)(46) NFPA 90B, "Installation of Warm Air Heating and Air Conditioning
Systems", 1989 1993 edition.
(~r~wa'Tx NFPA 91, "Installation of Blower and Exhaust Systems for Dust, Stock
and Vapor Removal or Conveying", 1990 1995 edition.
4 ORD. NO. 18-98
FAILED ON FIRST READING - 4/21/98
(51)('48) NFPA 96, "Installation of Equipment for the Removal of Smoke and
Grease-Laden Vapors From Commercial Cooking Equipment", 199! 1994 edition.
(.~,.j(49) NFPA 99, "Health Care Facilities'~, 4xy:)O 1993 edition.
(.~_,j(50) NFPA 101, "Safety to Life From Fire in Buildings and Structures", -t-O88
1994 edition including but not limited to Chapter 19, "Existing Apartment Buildings" is
adopted; provided, however, that the only portion of Chapter 19, Section 19-3.5.6 that
shall be adopted for existing high rise buildings is Exception No. 2 which allows for an
engineered life safety system in lieu of the requirement to protect throughout by an
approved supervised automatic sprinkler system. Exception No. 2 is further amended to
provide that existing high rise buildings shall have five (5) years from the effective date of
this ordinance to come into compliance.
(51) NFPA 101-A, "Life Safety, Alternative Approaches", 1995 edition.
~-~q~x/qo~,J~-,~t NFPA 102, "Assembly Seating Tents and Membrane Structures", I
1995 edition.
~,.~j,.~_,, NFPA 110, "Standard for Emergency and Standby Power Systems",
1988 1993 edition.
(~(54) ~PA 204M, "Smoke and Heat Venting", 1~< 1991 edition.
(57)(5_5) ~PA 211, "Chimneys, Fireplaces, Vents and Solid Fuel Burning
Appliances", 19~8 1992 edition.
~-'~/~xtq~ ~PA 220, "Types of Building Construction", ~ 1992 edition.
(~,j(57) NFPA 23 I, "General Storage", ~aaa 1995 edition.
(~(58) ~PA 231C, "~ck Storage of Materials , ~an~ 1995 edition.
x~t~ ~, xtqo~ ~ ~ ~PA 231 D, "Storage of Rubber Tires", ~ 1994 edition.
(~j(60) ~PA 241, "Building Construction and Demolition Operations", ~n~o
1993 edition.
(6-3-)(61) NFPA 251, "Fire Tests of Building Construction and Materials", 1990
edition.
,~ ,~,.,,j NFPA 252, "Fire Tests of Door Assemblies", 1990 1995 edition.
5 ORD. NO. 18-98
FAILED ON FIRST READING - 4/21/98
~,~..~,~__~_~ NFPA 253, "Tests tbr Critical Radiant Flux of Floor Covering Systems
Using a Radiant Heat Energy Source", 1990 edition.
(66)(64) NFPA 255, "Tests of Surface Burning Characteristics of Building
Materials", 1990 edition.
,-,;r"~tr'~;~, ~,v_,, NFPA 664, "Fire and Explosions in Wood Processing and Woodworking
Facilities", 1987 1993 edition.
(ro8-)(66) NFPA 704, "Identification of Fire Hazards of Materials", 1990 edition.
((>9-)(67) NFPA 1123, "Public Display of Fireworks", -1-900 1995 edition.
-m~ '~'~ "Installation,
(,,~j(68) NFPA 1,.,!, Maintenance and Use of Public Fire Service
Communication Systems", 1988 1994 edition.
Section 2. That Chapter 96, "Fire Safety and Emergency Services", Section 96.17,
"Amendments", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same
is hereby repealed.,
6 ORD. NO. 18-98
FAILED ON FIRST READING - 4/21/98
Section 3. That Chapter 96, "Fire Safety and Emergency Services", Section 96.46,
"Aboveground Installations", of the Code of Ordinances of the City of Delray Beach, Florida, be,
and the same is hereby amended to read as follows:
Section 96.46 ABOVEGROUND INSTALLATIONS.
All aboveground tank installations shall be of a capacity of 300 gallons or less and
shall be in the form of skid tanks. Tanks exceeding 300 gallons capacity shall be installed
underground. Aboveground storage tanks in excess of 300 gallons capacity now in use
shall not be replaced with aboveground tanks but only with underground tanks. However,
a tank exceeding 300 gallons in capacity_, may be placed aboveground if it is encased in a
minimum two hour vault and adequately screened from view.
7 ORD. NO. 18-98
FAILED ON FIRST READING - 4/21/98
Section 4. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part
thereof other than the part declared to be invalid.
Section 5. That ali ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 6. That this ordinance shall become effective ten (10) days from its passage
on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,1998.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
$ ORD. NO. 18-98
FAILED ON FIRST READING - 4/21/98