07-09-96 Regular DELRA'~ BEACH
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING ~
AII-AmericaCit~
COMMISSION CHAMBERS
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 individual will be limited to three
minutes or less, (10 minutes for group presentations). 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
July 9, 1996
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.
Action: Motion to Approve.
5. Approval of Minutes:
Regular Meeting of June 18, 1996
6. Proclamations:
A. Recognizing and commending Jason and Joshua Adams for their
heroic actions in saving their sister Erin from drowning.
B. Recognizing and congratulating Ena G. McFee on the occasion of
her 90th birthday - July 12, 1996.
C. Delray Beach Sobriety Checkpoint Days July 13 and 14, 1996.
7. Presentations: None
8. Consent Agenda: City Manager recommends approval.
A. NCIC/FCIC USER AGREEMENT WITH FLORIDA DEPARTMENT OF LAW
ENFORCEMENT: Approve renewal of the user agreement with the
Florida Department of Law Enforcement for use of the Florida
and National Crime Information Centers (FCIC/NCIC) which allows
the City's Police Department to access state and national data
banks.
B. AGREEMENT FOR CONSTRUCTION OF WATER MAIN/LEE'S CROSSING:
Approve an agreement between the City and Lee's Crossing-
Delray Beach Limited Partnership to allow the City to be named
as the permit applicant for water main construction across the
Lake Worth Drainage District L-33 Canal right-of-way.
C. ACCEPTANCE OF 'COPS MORE' GRANT AND APPROVAL OF MATCHING FUNDS:
Accept a grant from the U.S. Department of Justice under the
COPS MORE program in the amount of $67,500.00, and approve
matching funds in the amount of $29,200.00 from 001-0000-301-
10.00.
2
Regular Commission Meeting
July 9, 1996
D. RATIFICATION OF CONSENSUS/ADDITIONAL FUNDING FOR 4TH OF JULY
FIREWORKS: Ratify the Commission's majority consensus of June
18, 1996, to provide additional funding in the amount of
$5,000.00 for the 4th of July fireworks, from City Manager's
Contingency (Account #001-6111-519-99.03).
E. BUDGET ADJUSTMENT FOR REPLACEMENT OFFICER: Approve a budget
adjustment in the amount of $13,010 to cover the cost of an
additional Community Policing Officer through the end of the
fiscal year to replace the position assigned to the Full
Service Center, from 001-2119-521-12.10 and 21.10, through
budget transfer from 001-0000-301-10.00.
F. CHANGE ORDER #2 (CONTRACT EXTENSION)/FLORIDA DESIGN
CONTRACTORS, INC.: Approve Change Order #2 with Florida Design
Contractors, Inc. for a 170 calendar day contract extension to
allow for the purchase, delivery and installation of the pumps
for the three new production wells at Morikami Park.
G. FINAL PAYMENT/HOLT CONTRACTORS, INC.: Approve final payment to
Holt Contractors, Inc. for their work on the Police Department
Crime Lab modification project, in the amount of $20,996 from
334-6111-519-62.18.
H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept
the actions and decisions made by the Site Plan Review and
Appearance Board and the Historic Preservation Board during the
period June 17 through June 28, 1996.
I. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Atlantis Environmental Engineering, Inc. for
repainting the Water Treatment Plant Pipe Galleries, in
the amount of $35,004 from 441-5143-536-46.10.
2. Purchase award to Universal Cabling Systems, Inc., sole
source bid, for the City Attorney's Office fiber optic
cabling, in the amount of $18,000 from 334-6111-519-62.20.
3. Bid award in the amount of $93,003.05 to Community Asphalt
Corporation for the 1996 Street Resurfacing Projects, with
funding from 334-3162-541-63.10.
4. Bid award for replacement vehicles; a 1996 GMC P3500 Step
Van from Kaiser/GMC for the Police Department in the
amount of $40,069.25 from 501-3312-591-64.20; and a 1996
Dodge 1500/4x2 from Regency Dodge for the Golf Course in
the amount of $15,032.00 from 445-4761-572-64.20.
5. Bid award via Broward County for lift gates and utility
bodies from Elite Service Bodies & Equipment for prior
approved vehicles, in the amount of $12,875 from
501-3312-591-64.20.
-3-
Regular Commission Meeting
July 9, 1996
9. Regular Agenda:
A. CONDITIONAL USE REQUEST FOR ESTABLISHMENT OF A PUBLIC PARKING
LOT: Consider a request for conditional use approval to allow
the construction of a public parking lot on property located
north of Atlantic Avenue between N.W. 1st Avenue and Swinton
Avenue, within the Old School Square Historic Arts District
(OSSHAD). QUASI-JUDICIAL PROCEEDING
B. PALM ACTS CONTRACT REVISIONS: Report from the City Attorney.
C. SPECIAL EVENT APPROVAL AND AGREEMENT FOR "HOOP IT UP":
Consider a request for special event approval and the agreement
with Hoop-It-Up Domestic L.P. and the Joint Venture for "Hoop
It Up" to be held October 12-13, 1996.
D. SPECIAL EVENT APPROVAL/BACKROOM LABOR DAY FESTIVAL: Consider a
request for special event approval to hold a Blues Festival on
Sunday, September 1, 1996, from 3:00 p.m. until 11:00 p.m.,
including street closure, issuance of temporary use permit, and
staff support subject to conditions.
E. REQUEST FOR CONTRIBUTION/SOUTH FLORIDA DYNAMICS, INC.:
Consider a request from South Florida Dynamics for a contribu-
tion to support their participation in American Youth on
Parade, an international level competition to be held during
the week of July 21, 1996, at the University of Notre Dame in
South Bend, Indiana.
F. CORPORATE NAME CHANGE FROM ABC CARPET COMPANY OF FLORIDA, INC.
TO ABC OUTLET, INC.: Consider authorizing the City Attorney's
office to correct the name on the Economic Incentive Grant
Agreement to reflect the current corporate name.
G. BID AWARD/REPLACEMENT VEHICLES: Consider rescinding a purchase
order in the amount of $25,527 to Champion Chevrolet and
approve a bid award to Maroone Chevrolet for a 1996 Chev/C3500
Crew Cab 4 x 2 for the Parks Department, in the amount of
$22,413 from 501-3312-591-64.20.
H. CONTRACT ADDITION (C.O. #2)/GOLDEN EAGLE ENGINEERING CONTRAC-
TORS: Consider a contract addition (C.O. #2) with Golden Eagle
Engineering Contractors, Inc. in the amount of $53,392 and 14
additional calendar days for installation of an auxiliary
sanitary force main, via the East Atlantic Avenue improvements
project, with funding from 442-5178-536-61.36.
I. CONTRACT ADDITION (C.O. #i)/MARANDOLA CONSTRUCTION, INC.:
Consider a contract addition (C.O. #1) to Marandola
Construction, Inc. in the amount of $77,420 and 14 additional
calendar days for installation of an auxiliary sanitary force
main, via the East Road utility improvements project, with
funding from 442-5178-536-61.36.
Regular Commission Meeting
July 9, 1996
J. SETTLEMENT AGREEMENT IN KEISER V. CITY: Consider filing an
appeal in the referenced matter.
K. APPOINTMENT TO THE POMPEY PARK ADVISORY COMMITTEE: Appoint a
member (13 to 19 years age group) to the Pompey Park Advisory
Committee to fill an unexpired term ending September 13, 1997.
Appointment by Commissioner Egan.
L. APPOINTMENTS TO THE EDUCATION BOARD: Appoint three members to
the Education Board for two year terms ending July 31, 1998
(appointments by Commissioner Ellingsworth, Commissioner
Randolph and Mayor Alperin); and appoint a student member to a
term on the Education Board (appointment by Commissioner
Kiselewski).
10. Public Hearings:
A. RESOLUTION NO. 54-96 (EVALUATION AND APPRAISAL REPORT):
Conduct a public hearing and consider adoption of the 1996
Evaluation and Appraisal Report of the Comprehensive Plan.
B. CONSOLIDATED ACTION PLAN FY 1996-97 FOR ALLOCATION OF COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS: Conduct a public hearing and
consider approval of the Consolidated Action Plan for Fiscal
Year 1996/97 in compliance with Federal guidelines governing
the use of Community Development Block Grant (CDBG) funds.
C. LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM/PROPOSED USE OF
FUNDS: Conduct a public hearing on the proposed use of funds
anticipated from the Local Law Enforcement Block Grant Program,
and authorize staff to submit the application.
D. ORDINANCE NO. 21-96: An ordinance adopting the 1994 Standard
Building Code and amending Chapter 7, "Building Regulations",
of the Land Development Regulations to conform with its
provisions.
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. 25-96: An ordinance amending the Marina Delray
SAD (Special Activities District) by modifying the schedule for
completion of improvements. The subject property is located at
the southeast corner of George Bush Boulevard and Palm Trail.
If passed, public hearing July 23, 1996.
B. ORDINANCE NO. 26-96: An ordinance designating certain
properties on South Ocean Boulevard (State Road A1A) as an
Historic District. If passed, public hearing July 23, 1996.
--5--
Regular Commission Meeting
July 9, 1996
13. Comments and Inquiries on Non-Agenda Items.
A. City Manager
B. City Attorney
C. City Commission
-6-
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - .JULY 9, 1996 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE AGENDA IS AMENDED AS FOLLOWS:
REVISE ITEM 8.C. ON THE CONSENT AGENDA TO READ AS FOLLOWS:
C. ACCEPTANCE OF 'COPS MORE' GRANT AND APPROVAL OF MATCHING
FUNDS: Accept a grant from the U.S. Department of Justice
under the COPS MORE program in the amount of $87,225; and
approve matching funds in the amount of $29,200 for 19 laptop
computers and $6,805 for the City Watch system, from Prior
Year Surplus (Account No. 001-0000-301-10.00).
ADDITION OF 9.M. TO THE REGULAR AGENDA:
M. RESOLUTIQN NO. 55-96/R00TS CULTURAL FESTIVAL: Consider a
resolution supporting the Roots Cultural Festival, Inc. in
their efforts to sponsor the 19th Annual "Roots Cultural
Festival", and the festival committee's related support
request list.
ADDITIONAL MATERIAL TO 10.B. OF THE PUBLIC HEARINGS:
B. CONSOLIDATED ACTION PLAN FOR ALLOCATION OF COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS: Approve the Consolidated
Action Plan for allocation of Community Development Block
Grant funds.
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - JULY 9, 1996 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE AGENDA IS AMENDED AS FOLLOWS:
ADDITION OF 7.A. TO THE PRESENTATIONS:
A. Brahm Dubin will make a presentation on the proposal being
presented for the United States Tennis Association
Headquarters.
WHEREAS, on July 18, 1991, Jason and Joshua Adams,
then 13 and 11 years of age, respectively, were babysitting
their three younger sisters including 18 month old Erin; and
WHEREAS, Joshua and Jason had taken the girls to
the community park in their Country Club Acres neighborhood to
play, but soon Erin was missing; and
WHEREAS, Joshua spotted Erin floating face down in
the lake and quickly jumped in to pull her out. Jason
proceeded to perform cardiopulmonary resuscitation (which he
had learned in health class at Carver Middle School) and was
able to start Erin breathing again. They carried her to a
nearby house, asked the owner to call 911, and waited for help
to arrive. When Palm Beach County Fire Rescue paramedics
responded, Erin was breathing on her own; and
WHEREAS, the immediate and appropriate action of
these two young men in an emergency situation was responsible
for saving Erin's life.
NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City
of Delray Beach, Florida, on behalf of the City Commission, do
hereby recognize and commend
JASON and JOSHUA ADAMS
for their life saving actions which resulted in averting
tragedy and saving the life of their sister, Erin. Their
willingness to learn CPR and respond to an emergency in such
mature fashion exemplifies that which is highest and best in
the human spirit. You are both truly heroes.
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 9th day of July, 1996.
MAYOR
JAY ALPERIN
SEAL
WHEREAS, Ena McFee and her husband John (better
known as JR) came to Delray Beach in 1934, and purchased their
first business, the Bon Ton Bakery, in 1936. The bakery was
located on Atlantic Avenue across from the old Arcade Tap Room;
and
WHEREAS, the McFee's owned and operated their
bakery on Atlantic Avenue until 1946 when they sold the
business and took a well deserved vacation touring the United
States; and
WHEREAS, J.R. McFee was elected City Councilman in
1942, and in 1947, he became a Commissioner for the State of
Florida's Hotel and Restaurant Commission; and
WHEREAS, Ena McFee has been a very dedicated member
of her community as a member of the Lions Club Auxiliary,
Secretary and President of the Women's Club, and Worthy Matron
,, of the Order of Eastern Star, Delray Chapter No. 77. She was
also Secretary and fund raiser for the Band Booster's Club but
her devotion to music did not stop there; she was instrumental
in obtaining the first piano for Delray Elementary School; and
WHEREAS, Ena began her career selling real estate
in 1950 and opened her own office in 1960. In 1961 she moved
her business to Fountain Square at 98 N.E. 5th Avenue where it
remains today; and
WHEREAS, on July 12, 1996, Ena McFee will celebrate
her 90th birthday and you can still find this pioneer lady and
businesswoman in her office daily between 9 a.m. and 4 p.m.
NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City
of Delray Beach, Florida, on behalf of the City Commission, do
hereby wish
ENA McFEE
a very HAPPY 90th BIRTHDAY with best wishes for continued
health and happiness. We further recognize and congratulate
her on her many contributions to the community as a member and
leader in various civic organizations and business
associations.
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 9th day of July, 1996.
MAYOR
JAY ALPERIN
SEAL
.-. WHEREAS, the incidence of alcohol and other drug
impairment annually jeopardized the lives and safety of the
traveling public; and
WHEREAS, the U.S. Supreme Court ruled on June 14,
1990, in support of the use of sobriety checkpoints as a
measure to detect and deter incidents of impaired driving,
thereby answering the issue of their constitutionality; and
WHEREAS, sobriety checkpoints can serve to reduce
the likelihood that drinking drivers will operate their
vehicle, and thereby lessen the hazards to innocent travelers
and bystanders; and
WHEREAS, the City of Delray Beach considers of
utmost seriousness its duty to protect our citizens from
hazards such as impaired drivers.
NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City
of Delray Beach, Florida, on behalf of the City Commission, do
hereby proclaim July 13 and 14 as
Delray Beach Sobriety Checkpoint Days
and proclaim support of the use of sobriety checkpoints as a
valuable weapon in the war against impaired driving related
death and injury.
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 9th day of July, 1996.
MAYOR
JAY ALPERIN
SEAL
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - JULY 9, 1996 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE AGENDA IS AMENDED AS FOLLOWS:
ADDITION OF 7.A. TO THE PRESENTATIONS:
A. Brahm Dubin will make a presentation on the proposal being
presented for the United States Tennis Association
Headquarters.
07/08/1996 03:07 407243?386 DELRAY BEACH GOLF CL PAGE 02
JUL.-OS'96(~ON} 14;14 USTA/FLORIDA SECT. TEL't954 9683986 P, OOl
Summary of Legislation Passed
by Representative Ron Klein
1996 Legislative Session
Geriatric Care
Allows for the establishment of a task force made up of Florida's medical schools,
the FMA, social service agencies and other interested groups to develop a
recommendation to be presented to the legislature regarding the proper role,
emphasis and implementation of a geriatric model of care.
Capital Punishment
This legislation will streamline the death penalty process without affecting due
process by:
· Prohibiting the office of Capital Collateral Representative from delaying
death penalty cases by bringing unnecessary public record lawsuits that
logjam the post-conviction appeals process.
· Requiring the Florida Supreme Court to render a decision in capital cases
within two years after defendants file their notices of appeal; and
· Giving trial judges 30 days after imposing the death penalty to file a written
sentencing order.
· Limiting to 90 days the amount of time a defendant's lawyer has to file
further review after a court denies collateral relief in a death penalty case.
Additionally, the bill adds several new aggravating circumstances for sentencing
consideration in capital murder cases including (1) that the defendant was on
probation at the time of the murder, (2) that the murder victim was particularly
vulnerable because of advanced age or disability or because the defendant was in a
position of familial or custodial authority over the victim, or (3) that the murder
was committed by a criminal street gang member.
C0~t~11771.'125:. [[na,,ce & 'I~ation ' Ilea/t~, Ca,~ · Llti/itiea (~ 'I~[ecommunication,g ' Jl~ufes (~ Ca/eno~r
[~'t/u'c~, (~ l-/[ectiotm/"IJt/~ic~v, (~'/~at'r ° (~o ........ 2e/'/ItltertIatiorlc'~[ '~aale ~5 Economic Dere/opment, C/~air
Child Su.~t~ort En~forcement
This legislation allows the inclusion of arrest warrants for persons ignoring their
child support obligations into FDLE's Florida Crime Information network (FCIC).
Currently, there are approximately 8000 outstanding warrants - writs of bodily
attachment - against noncustodial parents with outstanding child support
obligations. These warrants are against chronic deadbeats who consistently ignore
court orders to pay their child support. This bill will provide a powerful tool to
enforce court orders and send a strong message that we are serious about taking
care of our children.
Guardianship
Defines the term "Professional Guardian" as someone who receives compensation
for services rendered to more than two unrelated wards as their guardian. Non-
profit corporate guardians that charge fees against the assets of the ward must
employ at least one professional guardian. The bill also eliminates a requirements
for a county that imposes a public guardian fee of $10 on each civil action to
match monies derived from the fee from general county revenue. Non-profit
corporations, in order to be eligible for appointment as a public guardian, must
have a gerontologist, psychologist, registered nurse or nurse practitioner on staff.
The term "professional" also is defined as persons who exercise direct supervision
of wards under the direction of the public guardian.
Internet/E-Mail Tax
This legislation provides that no tax shall be imposed, assessed or collected on
charges or receipts from Internet access service, electronic mail service, electronic
bulletin board service or computer exchange service for any transaction prior to
July I, 1997. The bill creates the Florida Communications Tax Policy
Commission which will direct a study of issues related to the taxation of
"communications technologies and to services which are provided through the use
of such technologies." The Commission will issue a report to the Governor and the
Legislature no later than February 1, 1997, summarizing its findings, conclusions
and proposed statutory changes related to the tax laws of the State.
HMO Financial Responsibility
This legislation that will address the issue of HMO Solvency by:
· Requiring Medicaid HMO's to meet the same licensure standards as
commercial HMO's.
· Granting DOI the authority to deny the a liscence to any HMO whose
ownership or management is deemed to be incompetent, untrustworthy, or
lacking in HMO expertise.
· Requiring the applicants for a liscence to act as an HMO to identify any
contacts and agreements that provide for consultant, broker or any other
fees paid that are associated with gaining licensure.
· Requiring Medicaid HMO's to disclose the existence of any contract to pay
a third party for services in connection with acquiring an HMO.
· Allowing DOI to adopt an accepted national standard for the reporting of
HMO financial information.
Lottery Accountability Act
This legislation will take a step in restoring the public's confidence in the lottery
by requiring each school district to offer to the public in an easy to understand
format, and distribute, how much lottery money was received by the school
system in the previous quarter, and how these funds were spent.
The intent of this legislation is to provide accountability to the public as to how
lottery dollars are being spent.
BY:Xerox Tele¢o0[er 702! ; 6-11-96 ; 16:17 ; . 913059893497;# ;
PALM BEACH COUNTY LEGISLATIVE DELEGATION
Representative Ron lUein _.~,. 30l N. Olive Avenue
Ohmlr ,4~I~_~ West Palm Beach, FL 33401
(407) 355-2406
Representative Tom Warner
Vice Chair
Admtntstrattve Assistant WRST COUNTY
Mary, $, Baruch 996-4800 EXT 2406
1996 LINE ITeM BUDGET ALLOCATIONS FOR PALM BEACH COUNTY
PBCC Lottery Enhancement $5,252,613
PBCC Program Fund 22,930,129
FAU Honors College 150,000
FAU North Palm Campus 793,985
PALM BEAC~ HEALTH UNIT 1,440,000
Caridad Health Clinic Delray 150,000
TUBERCULOSIS HOSPITAL 6,467,813
PBC Historic Preservation Bc. 90,111
Inlet Management Plan 507,375
Boca Beach Renourishment 2,714,025
Public Broadcasting:
Radio 103,826
TV 539,323
FAU~ Asbestos. abatement 200,000
Student Center (~oca) 4,881,594
Student Enh. {NPB) 128,020
Health Serv..(Boca) 500,000
Mangoni~ Assisted Living Facility 1,350,000
South Bay Park of Commerce 418,000
SENATORS
'DOC' MY~9 NOBEWI' ~L~R KENNETH J~NNE D ~ M~W~ ~M ~O~ TOM
~PRESENTAT~S
~C~ ~ON TOM W~ B~ON M~RC~ ~1 ~Rt~t ~IB ~'~
.,![ By:Xe~ox l'elecopier 7021 ; 6-11-96 ; !6:]8 ; ~ 9!3059693487;~ 2
PALM BEACH COUNTY LEGISLATIVE DELEGATION
Representative Rot Klein _~,..~.._ 301 N. Olive Avenue
Chair /:~4~,~ West Palm Beach, FL 93401
(407] 355-2406
Representative Tom Warner
Vice Chair
Administrative Assistant WE~T CO~TY
Mary $, Baruch 996-4800 EXT 2406
CONTINUED:
CULTURAL GRANTS~
Norton Gallery &
~chool of Art $5C0,000
Museum of Cartoon Art 500,000
Old School Square 395~444
PBC School of Arts 500,000
HISTORIC PRESERVATION GRANTS:
Boynton Beach Elementary Sch. 215,400
Old Pahokee High ach. 235,000
Twin Lakes Art.Magne% 250,000
CORRECTIONS~
Close Custody secure facility State Wide Lump Sum
Youthful offender facility " " "
PBCC Public Education Capitol Outlay Projects were mistakenly left ou~,
however will be added to the Implementing Bill
Fitness/Aquatic 646,919
Class room lab/Day Care(E) 1,200,000
Renovation 1,533,293
Acadademic Lab 5 rooms {E) 198,000
Emergency Back Up (E) 650,000
SENATORS
[IT¥ DF DELRII¥ BEI:I£H
CITY ATTORNEY'S OFFICE %,,,.
TF_.L.~,PHON~, 40"//2.43-78~.3 · ~'AC$IMII.F, 407/L?.43-'7816
~ POLICE LEGAL ADVISOR
li, ll,~,meriaa City
1993
TO: David Harden, City Manager
FROM: Eric D. Hightower, Police Legal Advisor
DATE: June 13, 1996
SUBJECT: F.C.I.C./N.C.I.C. User Agreement
Enclosed for your review and approval by the City Commission are two
copies of a renewal of the above-referenced agreement between the City and
F.D.L.E.. The agreement is the same as the previous agreement which allows
the City Police Department to access the state and national data banks
regarding criminal histories, active warrants and criminal justice information
which is necessary for effective law enforcement. Liability will not increase with
this agreement pursuant to the Sovereign Immunity section of the agreement.
If this agreement meets your approval, please place same on the consent
agenda at your earliest convenience. When the two copies are executed,
please see that both copies are forwarded to me so that I may forward the
copies to F.D.L.E. for their execution.
Feel free to contact me if I can be of further assistance in this matter.
EDH:Ibg ~/~At /
cc: Susan Ruby, City Attorney
Richard Overman, Police Chief
Prmte(! on Recyc!od Paper
USER AGREEMENT
This agreement, entered into between the Florida Department of Law
Enforcement (hereinafter referred to as FDLE), an agency of the state of Florida
with headquarters at 2331 Phillips Road, Tallahassee, Florida and the
with headquarters at
, (hereinafter referred to as the User), witnesseth that:
This User agreement is designed for use with all Florida criminal justice
agencies. If your agency does not perform a specific function, the provisions
regarding that function will not apply to your agency.
1) FDLE is an agency of the state of Florida authorized by law to establish
and operate the Florida Crime Information Center (hereinafter FCIC), and to
participate in similar multistate and federal systems for the exchange of
information relating to crimes, criminals and criminal activity.
2) Information obtained from the FCIC files, or obtained through computer
interfaces to other state or federal systems, by means of access granted
pursuant to Section 943.0525, F.S., can only be used for criminal justice
purposes. The informatiOn available in this way through the services of FCIC is
restricted to law enforcement and other criminal justice agencies for official use
only. Information retrieved from the FCIC by direct access is not to be made
available under provisions of the public records law (Chapter 119 F.S.).
Compliance with Chapter 119, F.S., is accomplished by directing record
requests to FDLE per Chapter 119, F.S., is accomplished by directing record
requests to FDLE per Chapter 11C-6, F.A.C., and section 943.053(3), F.S. It is
the responsibility of authorized criminal justice purposes only, and to regulate
proper use of the network and information at all times.
3) FDLE participates in the National Crime Information Center (hereinafter
NCIC) of the United States Department of Justice and in the National Law
Enforcement Telecommunication System (hereinafter NLETS), serving as
Florida's control agency for the interstate transmission of criminal justice
information to and from agencies in Florida and agencies in the continental
United States, Alaska, Hawaii, Canada and Puerto Rico.
4) The User requires access to intrastate and interstate criminal justice
information systems in order to effectively discharge its public duties.
5) As this agreement applies to networked workstation software and
exchange of criminal history information, FDLE is willing to allow local law
enforcement and other criminal justice agencies wishing to participate in the a
FCIC telecommunications system to do so, provided that the User agrees that
applicable federal and state laws, as long as FDLE retains full control over the
management and operation of the FCIC, and provided that the User has
requested access to FCIC, NCIC and NLETS by becoming a part of the FCIC
system.
SECTION I FCIC USER WORKSTATION CONDITIONS
Now therefore, in light of the foregoing representations and the promises,
conditions and other valuable consideration more fully set out or incorporated
herein by reference, FDLE, by its duly authorized officials, agrees:
1) To furnish the User, a criminal justice agency, with such criminal justice
information as is available in the FCIC files, and to serve as the means of
exchange of computerized administrative messages between the User and other
criminal justice agencies on the FCIC telecommunications network. In addition,
FDLE agrees to serve as the state control terminal for the interchange of
information between NCIC, NLETS and the User.
2) To provide access to the User agency. FDLE will not be responsible in
any regard for the workstation acquisition, maintenance, operation, repair,
supplies or workstation operation personnel costs.
3) To schedule and provide Basic FCIC training for workstation operators
and other personnel at locations and times arranged by FDLE training staff.
Only those workstation operators who have successfully completed such training
to the acknowledged satisfaction of the FCIC instructor and who have been so
certified shall be allowed to have access to the FCIC system. Those persons
who are in their initial six months of assignment to workstation operator duties
and permitted supervised access to the FCIC for training purposes. Within this
initial six month period, the operator should be trained in-house and become
certified by the FDLE training staff.
4) Should User desire to relocated the workstation, the User shall provide
FDLE/FCIC 90 days written notice. All costs associated with the relocation of
the workstation equipment and the data circuits(s), including delays in work
order dates, will be borne by User unless FDLE has funding to make changes
without charge. The repair and cost of any damages resulting from such
relocation will be the User's responsibility.
5) To allow only law enforcement and other criminal justice agency
personnel who have been properly screened to have access to information
contained within the FCIC/NCIC system or other state criminal justice
information system files.
6) Should the workstation malfunction or become inoperable, FDLE/FCIC
will be notified immediately. All costs associated with returning the workstations
to operation, other than .network costs, will be the User's responsibility. FCIC
will execute trouble shooting procedures.
7) To maintain records of certified workstation operators and require
employee attendance at training classes provided. User agrees to remove from
FCIC access any employee who fails to achieve required certification standards.
8) To operate the workstation during its regular working hours. User
agencies that do not maintain a 24-hour, seven day a week operation will not be
allowed to make entries into the FCIC/NCIC wanted files.
9) To provide assistance to other law enforcement or criminal justice
agencies not equipped with an FCIC workstation in keeping with FDLE/FCIC
standards, but only to the extent that such assistance is not otherwise
prohibited.
10) To send only law enforcement and other criminal justice messages over
and through the FCIC network. All messages will be treated as privileged unless
otherwise indicated. However, information classified under pertinent federal
laws and instructions will. not be transmitted.
11) To operate the workstation and otherwise conduct itself in strict
compliance with applicable FCIC, NCIC and NLETS policies including, but not
limited to, policies, practices and procedures relating to:
A) Confirmation and entry of information for conversion.
B) Validation and certification.
C) Daily accounting for positive responses to inquires.
D) Cancellation of entries.
E) Interagency notification and confirmation of positive responses to
inquires.
F) Prudent use of statewide regional transmissions.
G) Use of plain text in message traffic.
All policies, procedures and operating instructions presently contained in current
NClC and NLETS documents and FCIC Operating Manual and technical
memoranda, published by FDLE, and hereby incorporated into and made a part
of this agreement, except to the extent that they are inconsistent herewith or
legally superseded by higher authority.
12) Take necessary measures to make the workstation secure and prevent
any unauthorized use. Federal regulation 28 C.F.R. Section 20.21(f) demands
that the User accept and have authority to execute, monitor, and enforce
security policy without interference (i.e., be delegated management control over
the terminal and departmental employees having access to it). FDLE/FCIC
reserves the right to object to equipment (workstation) location, security
measures, qualifications and number of personnel who will be accessing FCIC
and to suspend or withhold service until such matters are corrected to its
reasonable satisfaction. FDLE/FCIC further reserves the right to conduct
inspections conCerning the proper use and security of the workstation facility.
Such inspections may be accompanied by personnel of the User.
13) User understands that the FDLE/FCIC, its officers, and employees shall
not be liable in any claim, demand, actions, suit, or proceeding, including, but
not limited to, any suit in law or in equity, for damages by reason of, or arising
out of, any false arrest or imprisonment or for any loss, cost, expense or
damages resulting from or arising out of the acts, omissions, or detrimental
reliance of the personnel of the User in entering, removing, or relying upon
information in the FCIC/NCIC/NLETS information systems.
SECTION II WORKSTATION SOFTWARE LICENSE
The FCIC II Workstation Software program is licensed to FDLE by Datamaxx
Applied Technologies, Inc., for use only under the terms set forth herein. By
installing the software package and/or by using the software, the User agrees to
be bound by the Terms of this license as set forth in this Agreement.
1) The FCIC II Workstation Software License permits the User to use one
copy of the specified version of the FCIC II Workstation Software product, which
may include User documentation provided in "on-line" or electronic form
("SOFTWARE"). The SOFTWARE is license as a single product. Its
component parts may not be separated for use on more than one computer or by
more than one User at any time. If the User has received written permission
from FDLE for multiple copies or the SOFTWARE, then at anytime the User may
have as many copies of the SOFTWARE in use as specified in such written
permission. The SOFTWARE is "in use" on a computer when it is loaded into
the temporary memory (i.e., RAM) or installed into the permanent memory (e.g.,
hard disk, CD-ROM, or other storage device) of that computer.
2) FDLE agrees to provide updates to the FCIC II Workstation Software as
necessary to support all functions of NCIC 2000, NLETS, and other related
computerized systems interfaced to FCIC. When the SOFTWARE is an upgrade
from an FDLE product, the User may use that upgraded product only in
accordance with this Agreement.
3) The SOFTWARE (including any images, video, audio, and text
incorporated into the SOFTWARE) is owned by Datamaxx Applied
Technologies, Inc., and is protected by the United States copyright laws and
international treaty provisions. Therefore, the User must treat the SOFTWARE
like any other copyrighted material, except that under the terms of FDLE's
License, the User may either (a) make one copy of the SOFTWARE solely for
backup or archival purposes, or (b) transfer the SOFTWARE to a single hard
disk provided the User keeps the original solely for backup or archival purposes.
However, the User may copy the printed materials accompanying the
SOFTWARE and may print copies of any User documentation provided in "on-
line" or electronic form, upon the condition that such copies will be used for
criminal justice purposes only.
4) The Agreement is proof of authorization to exercise the rights granted
herein and must be retained. The User may not reverse engineer, decompile, or
disassemble the SOFTWARE, except to the extent the foregoing restriction is
expressly prohibited by applicable law.
The User agrees that FCIC II Workstation Software will run at the highest and
foremost priority of any application that is supported by the FCIC workstation. In
any situation in which the User experiences problems relating to FCIC access
that appear to be related to the fact that other applications beside FACIC are
running on the workstation, the User agrees to abort these applications and
remove them from the FCIC workstation until such time that the FCIC II
Workstation Software can be reloaded and the FCIC application restored to full
service. In this situation the User agrees to not reload these applications onto
the workstation until there has been a review done of the application
requirements, and certification obtained that sufficient resources are available in
the workstation to appropriately run these programs without interference with or
impairment of the FCIC application.
The User also agrees to run a virus checking program on the personal
computers where the Workstation Software is loaded.
5) To the maximum extent permitted by law, User agrees that FDLE shall not
be liable for any damages whatsoever arising out of or related to the use or
inability to use this Workstation Software product, even if FDLE has been
advised of the possibility of such damages. This Agreement does not constitute
a waiver of any defense or immunity lawfully available to FDLE.
SECTION III EXCHANGE OF CRIMINAL HISTORY RECORD INFORMATION
FDLE is an agency of the State of Florida, established by law Section 20.201
and Chapter 943, F.S.) and invested with power and authority to establish
intrastate systems of fingerprint analysis and identification (Subsection
943.05(2), F.S.) and intrastate systems of communication of vital statistics and
information relating to .crimes, criminals and criminal activity (Subsection
943.05(2), F.S.):
FDLE has received criminal justice information systems funding from the United
States Department of Justice and is subject to and must, therefore, demand that
the intrastate Users of its criminal history record services likewise adhere to
federal regulations relating to the collection, handling and dissemination of state
criminal history record information derived therefrom (Chapter 11C, F.A.C.; 28
C.F.R. Subpart 20B);
FDLE is authorized by law (Subsection 943.03(5), F.S. and Section 943.05, F.S.)
to enter into agreements and become part of federal and intrastate systems for
the collection and exchange of criminal history records and other information
relating to crimes, criminals and criminal activity.
FDLE is a participant in the National Crime Information Center (NCIC) and the
Federal Bureau of Investigation, United Stated Department of Justice, and
exchanges criminal history record information with the Federal Bureau of
Investigation pursuant to the above state statutes and subject to federal
regulations (28 C.F.R. Subpart 20C) and laws (Title II, Sec. 201 of Public Law
92-544, 86 Stat. 1115; 28 U.S.C. 534). As such, FDLE must enforce and
demand that its User agencies comply with pertinent federal provisions relating
to the collection, use, and dissemination of records and record information
derived from the systems of the United States Department of Justice;
User is a duly authorized law enforcement or criminal justice agency within the
State of Florida and desires the services of FDLE in order to carry out functions
associated with criminal justice administration, and FDLE is required and willing
to provide such services so long as all applicable federal and state laws, rules
and regulation are strictly complied with;
Now, therefore, in light of the foregoing representations and the promises,
conditions, terms and other valuable considerations more fully set forth
hereinafter or incorporated by referenced and made a part hereof, the FDLE and
User do mutually agree as follows:
1) FDLE AGREES TO:
a) Act as the central state repository, providing identification,
recordkeeping, and exchange of criminal history record information
services;
b) Provide USER with such state criminal history records and
information for criminal justice purposes as may be contained in its
systems and legally available to the USER;
c) Act as an intermediary between USER and the United States
Department of Justice in securing, for the use and benefit of USER,
such federal and multistate criminal history records or information
as may be available to USER under federal laws and regulations;
d) Upon request, assist USER in its staff orientation to the privacy
and security requirements imposed by present and proposed state
and federal laws, rules and regulations;
e) Provide USER with an identification Manual setting out and
explaining appropriate procedures for completing fingerprint cards,
disposition reports and otherwise, advising the USER of services
available.
f) Provide state criminal history record check services for non-
criminal justice purpose in accordance with provisions of Chapter
11C-6, F.A.C.
2) USER AGREES TO:
a) Except as otherwise provided for by rules of FDLE, submit to
FDLE, for inclusion in criminal history records information systems,
adult and juvenile criminal fingerprint cards on all felony arrests,
adult criminal fingerprint cards on all misdemeanor and
comparable ordinance violation arrests and juvenile criminal
fingerprint cards on misdemeanor arrests as specified at Section
943.051(3)(b), F.S.;
b) Establish a mechanism for the collection and submission of
disposition data on criminal arrests (pretrial dispositions, trials,
sentencing, confinement, parole and probation) to FDLE for
inclusion in the centralized criminal history record information
system in accordance with rules of the FDLE. Rule 11C-4.06,
F.A.C.;
c) Provide security for criminal history record information and systems
in accordance with applicable laws, rules, and regulations and
indoctrinate personnel who receive, handle or have access to
criminal history record information;
d) Screen all personnel who will have direct access to criminal history
record information and reject for employment (or take appropriate
disciplinary action against) such personnel who have violated or
appear unwilling or incapable of abiding by the security
requirements established for the collection, storage, or
dissemination of criminal history record information;
e) Disseminate criminal history record information derived from
federal records or systems only to criminal justice agencies and
only for criminal justice purposes. Criminal justice purposes
include criminal justice employment screening. Agencies which
interface between FDLE and other criminal justice agencies must
abide by all of the provisions of this agreement. Agencies must,
likewise, abide by all provisions of this agreement;
f) Except as provided for in paragraph j and I, below, disseminate
criminal history record information derived from state records or
systems only to criminal justice agencies and only for criminal
justice purposes. Otherwise, the USER will direct requests to
FDLE whenever state criminal history record information is sought
for purposes such as licensing, permitting, local ordinance
registration, other than criminal justice employment and similar
purposes;
g) Query the Central State Repository (FCIC) prior to disseminating
any criminal history record information to insure that the
information 'is up-to-date.
h) Maintain a record of any dissemination of state or federal criminal
history record information. This record will reflect as a minimum;
(1) date of release; (2) to whom the information relates; (3) to
whom the information was released; (4) the State Identification
(SID) and/or the FBI number(s); and (5) the purpose for which the
information was requested;
i) Provide FDLE access to User's records of dissemination and assist
in conducting prescribed audits;
j) Assist individuals and cooperate with FDLE regarding requests for
personal review or correction of the individual's own criminal
history record; if a minor, the assistance and cooperation should be
provided to the parents or legal guardian of the minor;
k) Defer to FDLE on any determination as to what purposes qualify
for criminal justice versus non-criminal justice designation;
I Pursuant to a signed interagency agreement authorizing the
sharing of criminal history information as outlined in 39.045(5),
F.S., the agency may share state criminal history record
information with appropriate school personnel on an as-needed
basis. Dissemination of information should be documented using
established secondary dissemination procedures and should be in
accordance with s. 943.0525, F.S. Agencies must maintain
confidentiality of such record information that is otherwise exempt
from s. 119.07(1), F.S., as provided by law.
PENALTIES AND LIABILITIES
Any non-compliance with the terms of this agreement concerning the use and
dissemination of criminal history record information may subject the User's
officers or employees to a fine not to exceed $10,000 as provided for in
Department of Justices Regulations, 28 C.F.R. Section 20.25 and/or
discontinuance services as provided by Department of Justice Regulations, 28
C.F.R. Section 20.38. Moreover, certain offenses against system security and
the information contained therein are crimes under Chapter 815, F.S.
PROVISIONS INCORPORATED
USER shall be bound by applicable federal and state laws, federal regulations
and the rules of FDLE to the same extent that USER would be if such provisions
were fully set out herein. Moreover, this agreement incorporates both present
and future laws, regulations and rules. The User may terminate this agreement
as described below if the changes in law, regulations or rules are not acceptable
to User.
TERMINATION
Each party retains the right to discontinue service, without cause, provided
written notice of forty-five days is given by U.S. mail. Each party may terminate
this agreement for cause. More particularly, FDLE reserves the right to
discontinue service, without notice, upon presentation to it of reasonably
credible evidence that USER is violating this agreement or any pertinent federal
or state law, regulation or rule. Moreover, cause may also be deemed to exist if
any term of this agreement is found to be invalid, if any change in the laws
applicable to either party requires either party to curtail performance hereunder,
or if changed circumstance require either party to perform substantially more or
less than was envisioned at the time this agreement was executed, In such
circumstances, the other party may terminate performance or demand
renegotiation upon written notice to the other party that the changed
circumstances, if known at the time of execution of this contract, would have
foreclosed that party's entry into the agreement.
ACCOUNTABILITY
To the extent provided by the laws of Florida, User agrees to be responsible for
the negligent acts or omissions of its personnel arising out of or involving any
information contained in, received from, entered into or through
FClC/NCIC/NLETS.
SOVEREIGN IMMUNITY
Nothing herein shall be deemed a waiver of the City's sovereign immunity as set
forth in Florida Statutes 768.28.
IN WITNESS HEREOF, the parties hereto have caused this agreement to be
executed by the proper officers and officials.
Attest:
By:
City Clerk Mayor Jay Alperin
Approved as to form and
Legal Sufficiency:
By:
City Attorney - Delray Beach Chief Richard G. Overman
FLORIDA DEPARTMENT OF LAW ENFORCEMENT
BY WITNESS
TITLE TITLE
DATE
10
[lTV OF DELRIIV BEFli:H
CITY ATTORNEY'S OFFICE '~" ~'¥ ~'~ ~'"~'~' ~"~"~ ~[~^~"' ..o~.~,, ~
FACSIMILE 407,2?3-4755 .Writer's Dirext Linc: (407) 243-7091
Allamefica City MEMORANDUM
~ 993 TO: City Commission
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Agreement for Construction of Watermain
Lee's Crossing Subdivision
The Lee's Crossing - Delray Beach Limited Partnership is constructing an eight inch water
main across the L-33 canal in order to connect to the City's water main. The Lake Worth
Drainage District requires that the City be named as the permit applicant for the
construction.
By copy of this memorandum to David Harden, City Manager, our office is requesting that
this item be placed on the City Commission agenda for the July 9, 1996 meeting.
Please call if you have any questions.
Attachment
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Dan Beatty, City Engineer
leccros.rbs
Printed on Recycled Paper
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
7
TO: David Tolces
Asst. City Attorney '
FROM: C. Danvers Beatty, P.~~2
City Engineer
DATE: June 17, 1996
SUBJECT: Agreemem for Construction of Watermain
Lee's Crossing Subdivision
Attached are two original signed copies of the agreement for watermain construction.
This agreement allows for the City to sign as permitee for a watermain crossing over the
L.W.D.D. L-33 Canal. Please place the agreement on the next available City
Commission meeting for approval. Thank you.
DB:mm
Fil& TAC
EASEMENT.DOC
AGREEMENT FOR CONSTRUCTION OF
WATER MAIN FOR LEE'S CROSSING
THIS AGREEMENT, made and entered into this 7~' day of
'-~Oc~e. , 1996, by and between the LEE'S - DELRAY BEACH
cROSSING
LIMITED PARTNERSI:HP, a Florida Limited Partnership ("PARTNERSlq'IP") and the CITY
OF DELRAY BEACH, a Florida municipal corporation ("CITY").
WITNESSETH:
WHEREAS, the PARTNERSI:rlP is presently constructing the Lee's Crossing
Development in the City of Deiray Beach adjacent to the Lake Worth Drainage District
("LWDD") L-33 Canal; and
WHEREAS, as part of the construction, the PARTNERSI:I'rP is installing an
eight inch (8") water main across the canal; and
WHEREAS, in order to construct the water main across the canal and to connect
to the existing City water main, the PARTNERSHIP must perform construction activity within
the LWDD right-of-way for the L-33 canal; and
WI:IE~REAS, LWDD requires the CITY to be the named permit applicant for the
construction, and the parties wish to set forth their agreement with respect to the application for a
LWDD Temporary Conditional Permit for the connection of PARTNERSNIP'S water main to
the CITY'S water main.
NOW, TI:I'F~REFORE, in consideration of the mutual covenants and undertaldngs
set forth herein and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the CITY and the PARTNERS]:m' do hereby agree as follows:
1. In conjunction with the construction of Lee's Crossing, the CITY agrees
to be the named applicant for the LWDD permit for the installation ora water main as indicated in
the plans attached hereto as Exhibit "A".
2. THE PARTNERSI:llP agrees to pay directly to LWDD costs ai.h-ibutable
to the permit application, and all construction costs associated with the water main connection.
3. THE PARTNERSltlP agrees to perform all construc~tion associated with
the water main construction.
4. The CITY shall be responsible for, and agrees to provide or cause to be
performed, all inspection services during construction of the water main and final certification for
the system.
5. In consideration of the payment of Ten Dollars ($10.00), receipt of which
is hereby acknowledged, the PARTNERSltlP hereby agrees to defend, indenmify and save
harmless the CITY, its officers, agents and employees, fi.om or on account of any claims, losses,
injuries or damages, received or sustained by any person or persons during or on account of any
operations with the construction of the utility improvements on; or by or in consequence of any
negligence, in connection with the same; or by or on account of any use of any improper
materials; or by or on account of any act or omission of any contractor, subcontractors, their
agents, servants or employees, except for any loss or damage arising from any negligent or
intentional act or omission of the CITY, its officers, agents, or employees. The PARTNERSltTP
shall defend, indemnify and save harmless the CITY, its officers, agents and employees, against
any liability arising from or based upon the violation of any Federal, State, County or City laws,
permits, by-laws, ordinances or regulations by the contractor, subcontractors, agents, servants, or
employees. The 1)ARTNERSltlP shall defend at its own expense or shall provide for such
2
defense, at the CITY'S option, against any and all claims or liability and all suits and actions of
every name and description that' may be brought against the ~ which may result from the
operations and activities under this Agreement whether the construction operations be performed
by the contractor, subcontractor or by anyone directly or indirectly employed by either, except for
any loss or damage arising from any negligent or intentional act or omission of the CITY, its
officers, agents, or employees. The indemnification shall include all costs and fees, including
attorney's fees, and costs, at trial and appellate levels.
6. This Agreement shall be governed by and construed in accordance with the
laws of the State of Florida.
7. Any notice required to be given hereunder shall be given by personal
delivery, by registered mail, or by registered expedited service at the addressees as specified
below, or at such other addresses as may be specified in waiting by the parties hereto, and any
such notice shall be deemed received on the date of delivery.
CITY:
Delray Beach City Engineer
434 S. Swinton Avenue
Delray Beach, Florida 33'?!.~.
Telephone: 407-243-7341
3
PARTNERS--:
LEE'S CROSSING- DELRAY BEACH
LINETED PARTNERSHIP
Attention: Robert Rikel
5701 N Pine Island Road, $$390
Tamarac, Florida 33321
8. If any provision of this Agreement shah be invalid, illegal or unenforceable,
the validity, legality and enforceability of the remaining portions shall not in any way be affected
or impaired. This Agreement shall be simultaneously executed in multiple counterparts, aH of
which shah constitute one and the same instrument and each of which shall be deemed to be an
original.
IN WITNESS WHEREOF, the CITY and the PARTNERSHIP have caused
tiffs Agreement to be signed, sealed and attested on their behalf by duly authorized
representatives, ah as of the first date written above.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:.
City Clerk Jay Alperirk Mayor
Approved as to Form:
City A~omey
WITNESS $$1: LEE'S CROSSING- DELRAY BEACH
LIMITED_ PARTNERSHIP
~ By:~~
(Print or Type Name) (Print or Type Name, Title)
(prin[ or ,~pe Name,' ' ~~/
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this '-/~day of ~lx~. ,
1996 by ~c'/~,'c /z~/~v/(¢/~e,-,~ (name of a~knowledging partner or agent) on
behalf of LEE'S CROSSINg, ~~ Li]~I'gD PARTNEI~i~rl]', on behalf of
the parmership. He/Sl~.__personally known to me_~pr has produced as
identification.
5
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - JULY 9, 1996 - 6:00 P.M.
pUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE AGENDA IS AMENDED AS FOLLOWS:
R~VI~ ITEM 8.C. ON THE CONSENT AGENDA TO READ AS FOLLOWS:
C. ACCEPTANCE OF 'COPS MORE' GRANT AND APPROVAL OF MATCHING
FUNDS: Accept a grant from the U.S. Department of Justice
under the COPS MORE program in the amount of $87,225; and
approve matching funds in the amount of $29,200 for 19 laptop
computers and $6,805 for the City Watch system, from Prior
Year Surplus (Account No. 001-0000-301-10.00).
ADDITION OF 9.M. TO THE REGULAR AGENDA: i-
M. RESOLUTION NO. 55-96/ROOTS CULTURAL FESTIVAL: Consider a
resolution supporting the Roots Cultural Festival, Inc. in
their efforts to sponsor the 19th Annual "Roots Cultural
Festival", and the festival committee's related support
request list.
ADDITIONAL MATERIAL TO 10.B. OF THE PUBLIC HEARINGS:
B. CONSOLIDATED ACTION PLAN FOR ALLOCATION OF COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS: Approve the Consolidated
Action Plan for allocation of Community Development Block
Grant funds.
DELRAY BEACH
Delray Beach Police Department
Ail-America City
(407) 243-7888 Fax (407) 243-7816
1993
MEMORANDUM
TO: Robert A. Barcinski, Assistant City Mana~r
FROM: David Jtmghans, Administrative OfficerO~X~
DATE: July 3, 1996
SUBJECT: MATCHING FUNDS
The City has been awarded a grant from the U.S. Justice Department under the COPS
Program. The City is now required to match the award amount of $87,225.00 with
$36,005.00 in matching funds.
The $67,500 portion of the grant is for the purchase of 19 laptop computers, the
necessary training and support maintenance for one year, the required software, carrying
cases and vehicle mounts for marked patrol cars. The $19,725.00 portion of the grant is
for the City Watch System.
Any additional questions should be addressed to me at x7852.
ppt
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FRDM: ~CITY MANAGER
RATIFICATION OF CONSENSUS/ADDITIONAL FUNDING FOR 4TH OF JULY
FIREWID~
DATE: JUNE 28, 1996
This is before the Commission to ratify the majority consensus reached at
the June 18, 1996, regular meeting to provide additional funding in the
amount of $5,000.00 for the 4th of July fireworks (minutes attached).
Funding is available from City Manager's Contingency (Account #001-6111-
519-99.03).
Recommend ratification of the Commission's prior consensus.
ref:agmemol2
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, ADOPTING THE
POSITION OF THE PALM BEACH COUNTY MUNICIPAL
LEAGUE, INC. WITH REGARD TO THE SCHOOL CON-
CURRENCY ISSUE; REQUESTING THAT EACH AND
EVERY OTHER MUNICIPALITY IN PALM BEACH COUN-
TY, THE BOARD OF COUNTY COMMISSIONERS AND THE
PALM BEACH COUNTY SCHOOL BOARD ADOPT THE SAME
POSITION IN ORDER THAT WE MAY ALL WORK TO-
GETHER TOWARD ACHIEVING QUALITY EDUCATION IN
PALM BEACH COUNTY; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
(Copy of Resolution No. 53-96 is on file in the offi-
cial Resolution Book)
Mr. Randolph moved to approve Resolution No. 53-96,
seconded by Mr. Egan. Upon roll call the Commission voted as
follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski
- Yes; Mr. Egan - Yes; Mr. Ellingsworth - No. Said motion passed
with a 4 to 1 vote.
9.P. SPECIAL EVENT APPROVAL - SUMMER NIGHTS: Consider
request from Joint Venture to grant temporary use permit, provide
staff support, and waive overtime costs up to $5,000.
The City Attorney stated there was also a last minute
request from Joint Venture for the use of the City Logo.
Mr. Ellingsworth moved to approve the the Joint Venture
request to endorse the Summer Nights program, grant a temporary
use permit, approve road closures, provide staff support, waive
overtime costs up to $5,000, and the use of the City logo, sec-
onded by Mr. Egan. Upon roll call the Commission voted as fol-
lows: Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes;
Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed
with a 5 to 0 vote.
13. Comments and Inquiries on Non-Aqenda Items.
13.A. City Manaqer
The City Manager stated that the Outback Steakhouse
provided an "appreciation luncheon" for people that had supported
Pine Grove Elementary School. Pine Grove Elementary School
presented the City with a plaque in appreciation for the many
things the City has accomplished for Pine Grove Elementary
School.
Secondly, the City Manager informed the Commission that
there is a minor money problem that has arisen with the 4th of
July Fireworks. The contract with the Fireworks company allowed
up to $6,000 for the barge and because of the new Coast Guard
requirements on barges the best price they can get is $11,000.
-27- 06/18/96
There was talk of reducing the show by $5,000; however, the City
is concerned with the impact this would have. The Downtown Joint
Venture has asked the City for support to help make up the $5,000
gap. The City Manager stated he received the financial report
for May and the Finance Department is projecting a surplus of
$433,000.
Mr. Egan commented that the Downtown Joint Venture is
raising $30,000. The City Attorney stated that she believes the
City is currently contributing $8,000. Mr. Egan stated he is in
full support of the City contributing an additional $5,000 to the
Downtown Joint Venture. The City Manager stated that the Down-
town Joint Venture could probably raise the money on their own if
there was more time.
Mr. Ellingsworth asked Mr. Egan what the total figure
is for the fireworks? In response, Mr. Egan stated the total
figure is around $35,000. He further stated that the City is
actually getting a $50,000 fireworks show for $35,000.
After discussion, it was the majority consensus of the
Commission to support the Downtown Joint Venture with an addi-
tional $5,000.
Lastly, the City Manager announced that he will be
leaving Friday on vacation for two weeks.
13.B. City Attorney
The City Attorney announced that Assistant City Attor-
ney Tolces is getting married on Sunday.
13.C? City Commission
13.C.1. Mr. Ellingsworth
Mr. Ellingsworth had no comments or inquiries.
~3.C,2. Mr. Eqan
Mr. Egan had no comments or inquiries.
13.C.3. Ms. Kiselewski
Ms. Kiselewski had no comments or inquiries.
13.C.4. Mr. Randolph
Mr. Randolph had no comments or inquiries.
13.C.5. Mayor Alperin
-28- 06/18/96
DELRAY BEACH
Delray Beach Police Department
NI-AmedcaCity
(407) 243-7888 Fax (407) 243-7816
llJl
1993
MEMORANDUM
TO: Robert A. Barcinski, Assistant City Mana~,er
FROM: David Junghans, Administrative
DATE: June 24, 1996
SUBJECT: REPLACEMENT OFFICER
The City entered into a contract with the Palm Beach County School District to place a
full time officer at the Delray Full Service Center (DFSC) as the School Resource Officer
(SRO). The Police Department agreed to support this program, however, not at the loss
of a street officer. The City agreed with the Department and agreed to fund a
replacement officer for the one placed at the Delray Full Service Center. The amount of
the budget adjustment ($13,010.00) will fund the hiring of the officer through the end of
the fiscal year.
Any additional questions should be addressed to me at x7852.
ppt
Agenda Item No.:
AGENDA REQUEST
Date: 06/24/96
Request to be placed on:
x Regular Agenda Special Agenda Workshop Agenda
When: Q7/09/96
Description of agenda item (who, what, where, how much): $13~010.00
to cover the cost of hirinK one (1) additional Community Policin~ OFficer to
replace the officer who was taken off the streets and placed at the ~elray Full
Service Center as the School Resource Officer.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation:
Department Head Signature:
Determination of Consistency with Comprehensive Plan: N/A .
City -Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available~ Y~y~s~/ NO
alternativ-~s?-.
Funding (i~ applicable)
Account No. & Description: (~O1-~0~%~)~.1~-00 r~iOc ~c ~t~c~Dlu~
Account Balance: -
City Manager Review:
Approved for agenda: NO
Hold Until:
Agenda Coordinator Review:
Received:
- Action: Approved/Disapproved
City of Delray Beach
Budget Transfer Form
(1) Departmental Line Transfer (2) Date .05/28/96
{3) Intedund/Interdepartmental Transfer (4) ~atch Number
(5) Requested By: David Junghans~ Administrative Officek/~. \
PROJECT # (6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN
00l 2119 521 12.10 Regular Salaries $12,050
21.10 FICA 960
~ ~n "AA~= .......... '~ ~ 830
~/, ~n Woz-k~£~ C~=m~Liv,, 650
25.1O Unc~..pl~)~ne Comp 2
5ol-oc O-_ q, IO-Cz ?riot Soepl * 3,O O
(10) TOTAL
JUSTIFICATION: Submitted as a mid-year adjustment to cover the costs of the
........ replacement officer for the position of School Resource Officer
at the Delray_ Full Service Center.
IFmance Director C~ly Manager
(11) Budget Revision Date (12) Co,ltrol Number
(13) Period (14) Count
ORIGINAL-BUDGET CANARY-FILE PINK-DEPARTMENT
DELRAY BEACH
Delray Beach Police Department
(407) 243-7888 Fax (407) 243-7816
1993
MEMORANDUM
TO: David T. Harden, City Manager
,/
FROM: Richard M. Lincoln, Major
Field Operations Bureau
DATE: November 27, 1995
SUBJECT: DELRAY BEACH POLICE DEPARTMENT SCHOOL RESOURCE
OFFICER ASS!GNED TO THE, DELRAy F. ULL SER.VICE CENTER
As you arc aware, Mr. Berryman, the former director of the Delray Full Service Center,
initiated discussions with the City of Delray Beach regarding the possibility of having a
Delray Beach police officer assigned to the Delray Full Service Center as a school
resource officer. These discussions began early in 1995 and at the present time a variety
of concerns and issues have apparently been resolved to the satisfaction of the School
Board, and we are now ready to move forward and formalize this arrangement. The
benefit to the City is primarily that of communication from the campus to the Police
Department and the Police Department's ability to respond to whatever problems are
detected both on the campus and in the immediate neighborhood. The officer selected
and assigned will work out of the Community Policing Division with supervisory
accountability to Lieutenant H. Scott Lunsford in the Atlantic Gardens substation.
The contract that has been drafted by the School Board has been reviewed by both Police
Legal Advisor Eric Hightower and myself and does not appear to present any logistical or
liability concerns. Assuming that City Commission consents and ratifies this agreement,
we are prepared to move forward with the submission of potential applicants for selection
by the School Board.
RML/ppt
AGREEMENT
BETWEEN THE SCHOOL BOARD OF PALM BEACH COUNTY
AND
THE CITY OF DELRAY BEACH, FLORIDA
WHEREAS, the Delray Full Service Center is comprised of many community
service programs; and
WHEREAS, many of these programs provide services beyond the scope of the
School District's kindergarten through twelfth grade (K-12) responsibilities; and
WHEREAS, many of these programs provide specific services to non-student
residents of the City of Delray Beach; and
WHEREAS, the City of Delray Beach has expressed a desire to provide police
protection to the Delray Full Service Center at a reduced rate.
NOW, THEREFORE, IT IS HEREBY mutually agreed between the School Board
of Palm Beach County, Florida, hereinafter referred to as the "School Board" and the
City of Delray Beach, Florida, hereinafter referred to as "Delray" as follows:
1.) The School Board shall provide $2,250 per month to Delray for services
of a Delray Police Officer at the Delray Full Service Center from January 2, 1996,
through June 30, 1996. Delray Police Officers shall remain employees of Delray, and
shall not be employees of the School Board. Delray agrees to assume responsibility for
the acts, omissions, or conduct of its employees subject to the provisions of Section
768.28, Florida Statutes, where applicable.
2.) The School Board shall provide access to an air conditioned and lighted
private office with a desk, chair, locking file cabinet, and a telephone which may be used
for general business purposes only. All other equipment needs, benefits, overtime
compensation, and any other responsibilities under Federal and State law, including
Workers Compensation, will be the responsibility of Delray, and will be provided by
Delray for the Delray Police Officer.
3.) Delray shall provide a list of Delray Police Officers and resumes to the
Chief of Palm Beach County School District Police so that potential candidates may be
selected for an interview for the Police Officer position and alternate position at the
Delray Full Service Center.
4.) The Interview Committee shall be comprised of the following School Board
personnel:
A. Area 1 Superintendent
B. Principal of Delray Full Service Center
C. Chief of Palm Beach County School District Police
D. Area Supervisor of Palm Beach County School District Police.
5.) The Principal shall set the hours of the Delray Police Officer.
6.) Delray shall immediately notify the Principal and the School Police
Department whenever the Delray Police Officer leaves the school campus. If the Delray
Police Officer is absent due to illness, annual leave, etc., the alternative Delray Police
Officer shall cover the assigned duty.
7.) Delray shall immediately provide copies of all incident reports, Field
Interrogation Reports, information reports, etc., taken on the campus of Delray Full
Service Center to the School Police Department.
8.) The Delray Police Officer shall abide by School Board Policies, when not
in conflict with Delray Police policies, and shall consult with and coordinate activities
through the School Principal and the School Police Department, but shall be responsive
to the chain of command of Delray relating to all matters of employment. No program
may be enacted in the school without permission of the Principal.
9.) The Delray Police Officer is not a school disciplinarian. If the Principal
believes an incident is a law violation, she shall contact the Delray Police Officer who
shall then determine whether law enforcement action is appropriate. The Delray Police
Officer shall maintain high visibility on campus.
10.) The Delray Police Officer will, whenever possible, attend meetings of the
Delray Full Service Center's parent and faculty groups to solicit their support and to
promote awareness of law enforcement functions.
11.) The Delray Police Officer will, whenever possible, make himself/herself
available for conferences with students, parents, and faculty members to assist them with
problems of a law enforcement or crime prevention nature.
12.) The Delray Police Officer will be familiar with all community agencies
which offer assistance to the community so that referrals may be made when appropriate.
2
13.) The Delray Police Officer, the Principal, and the School Police Department
shall confer when appropriate to develop plans and strategies to prevent and/or minimize
dangerous situations on or near the campus or involving students at school related
activities.
14.) Should it become necessary to conduct formal police interviews on Delray
Full Service Center campus with students or staff, the Delray Police personnel shall abide
by School Board Policy, Delray Police Policy, and legal requirements regarding such
interviews.
15.) The Delray Police Officer shall take law enforcement action as necessary.
As soon as practicable, the Defray Police Officer shall notify the Principal and the School
Police Department about any law enforcement action undertaken on or near the Delray
Full Service Center campus. At the Principal's request, the Delray Police Officer shall
take appropriate law enforcement action against intruders and unwanted guests who may
appear at the school and related school functions, to the extent that the Delray Police
Officer may do so under the authority of law. Whenever practicable, the Delray Police
Officer shall advise the Principal before requesting additional police assistance on
campus.
16.) The Delray Police Officer will, whenever possible, participate in and/or
attend school functions.
17.) The Delray Police Officer shall be in full uniform while performing all
duties at the Delray Full Service Center.
18.) In the event the Principal of the school has reasonable belief that the Delray
Police Officer is not effectively performing his or her duties and responsibilities, the
Principal shall recommend to the Chief of School Police that the Delray Police Officer
be removed from the program at her school, and shall state the reason(s) thereof in
writing. Within a reasonable time after receiving the recommendation from the Principal,
the Chief of School Police shall advise the Delray Chief of Police of the Principal's
request. If the Delray Chief of Police so desires, the Chief of School Police and the
Delray Chief of Police shall meet with the Delray Police Officer to mediate or resolve
any problems which may exist. At such meeting, specified members of the school staff
may be required to be present. If, within a reasonable amount of time after
commencement of such mediation the problem cannot be resolved or mediated to the
satisfaction of the Principal, or in the event mediation is not sought by the Delray Chief
of Police, then the Delray Police Officer shall be removed from the school and a
replacement shall be obtained.
19.) This Agreement shall remain in effect from January 2, 1996 through June
30, 1996, unless terminated sooner pursuant to Paragraph 20 of this Agreement.
3
20.) Either party may terminate this Agreement without cause on thirty (30) days
notice, in writing, to the other party.
21.) This instrument contains the entire Agreement between the parties, and no
statement, promise, or inducements made by either party or agent of either party this is
not contained in this written Agreement shall be valid or binding. This Agreement may
not be enlarged, modified, or altered except in writing, signed by the parties and
endorsed hereon.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and
year above first written.
PALM BEACH COUNTY SCHOOL BOARD
Chairman
/t Superintendent of Schools
CITY OF DELRAY BEACH, FLORIDA
By: '~'~_ M~lraf~mas E.-Lyynch
Attest:
-City- Cl~rk
Approved as to Form and Ap;pz.oved as to F/Orm} and-
Legal Sufficiency:
City ~t'r6rney - Delray Beach ~ ~al Counsel.2. School Board
4
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ C~ICITY MANAGER
SUBJECT: AGENDA ITEM ~ ~' P- REGULAR MEETING OF JULY 9, 1996
CHANGE ORDER #2 (CONTRACT EXTENSION) /FLORIDA DESIGN CONTRACTORS,
INC.
DATE: JUNE 26, 1996
This is before the Commission to approve Change Order #2 with Florida
Design Contractors, Inc. to provide for an additional 170 calendar days on
the contract. The extension is necessary to allow adequate time for the
purchase, delivery and installation of the pumps and related equipment for
the three new production wells at Morikami Park. All other conditions of
the original contract remain in effect. No additional dollars are
involved.
Recommend approval of Change Order ~2 with Florida Design contractors, Inc.
for a 170 calendar day contract extension.
ref: agmemo8
Agenda Item No. Or-
AGENDA REQUEST
Date: June 26, 1996
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: July 9, 1996
Description of item (who, what, where, how much): Staff request
City Commission approve a Contract extension Change Order #2 to
Florida Design Contractors, Inc., for an additional 170 calendar
days to allow for the purchase, delivery and installation of the
pumps for the three new production wells at Morikami Park.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recommends City Commission approve a Contract
extension Change Order #2 to Florida Design Contractors, Inc., for
an additional 170 calendar days to allow for the purchase, delivery
and installation of the pumps for the three new production wells at
Morikami Park. .~/_~
Department head signature: /,,~,~W///~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/NO
Funding alternatives if applicable)
Account No. & Description
Account Balance
City Manager Review:
Approved for agenda:Hold Until: ~NO ~7
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
\esd\9401\agreq709
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
City Manager
From: Jos6 Aguila, R.A. ~
Construction Manager
Date: June 26, 1996
Subject: AGENDA REQUEST 7/9/96
Morikami Park Wellfield and Water Transmission Main
. Project No. 94-001.2
Attached is a request for City Commission approval of Change Order #2 to Florida Design
Contractors, Inc., for an extension of Contract time for the Morikami Park Wellfield and
Transmission Main project.
It was always anticipated that a contract extension would be necessary, once the project
was sufficiently completed to properly size the well pumps. The pump performance data
was approved in March, followed by quotes from various pump manufacturers received in
late April. The pumps were selected and ordered at the end of June and delivery will take
from 16 to 18 weeks before they can be installed and made operational.
The project completion dates will be revised as follows:
Substantial completion date Final completion date
Original Contract February 24, 1996 March 26, 1996
Change Order #1 May 24, 1996 June 30, 1996
Change Orderg2 November 17, 1996 December 17, 1996
Change Order # 1 was approved by The City Commission to cover the removal and
rehabilitation of well 25. There is no request for additional dollars as a consequence of
this Contract Extension request.
cc: William Greenwood
Agenda file 7/9/96
File 94-01.2 (A)
esdLq401 \agmem709
CITY OF Dm.RAY BEACH
C~{~NGE ORDElt TO ORIGINAL (~)N~IIACT
CHANGE ORDER NO. Two (2) PROJECT NO. 94-01.2 DATE: June 26, 1996
PROJECT TITLE: Morikami Park Wellfield and Water Transmission Main
TO CONTRACTOR: Florida Design Contractors, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND
SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO
ALL CONTRACT STIPULATIONS AND COVENANTS.
JUSTIFICATION: Change Order provides for additional 170 calendar days to allow
adequate time for purchase, delivery and installation of three pumps and related
equipment for the project wells. All other conditions of the original contract
r~in in effect.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $ 963,653.50
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 64,910.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $1,028,563.50
COST OF CONSTRUCTION CHANGES THIS ORDER $ 0.00
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $1,028,563.50
PER CENT INCREASE/DECREASE THIS CHANGE ORDER 0.00 %
TOTAL PER CENT INCREASE TO DATE 6.70 %
EXTENSION OF CONTRACT TIME ALLOWED BY THIS CHANGE 170CALENDAR DAYS TO 12/17/96
date
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included
is, in my considered opinion, accurate; that the prices
quoted are fair and reasonable and in proper ratio to the
cost of the original work contracted for under benefit of
competitive bidding.
CONTRACTOR SIGNATURE (ENGINEER)
(sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Environmental Services 442-5178-536-61.82
DEPARTMENT FUNDS BUDGETED CODE CERTIFIED BY
DELRAY BEACH, FLORIDA
By its City Commission
RECOMMEND: By:
ENGINEER/DIRECTOR MAYOR
ATTEST:
APPROVED: By:
CITY ATTORNEY CITY CLERK
\esd\co2
MEMOR3kNDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY F~XlAGER
SUBJECT: AGENDA ITEM # ~'~ - MEETING OF JULY 9, 1996
FINAL PAYMENT/HOLT CONTRACTORS, INC.
DATE: JULY 5, 1996
This is before the Commission to approve final payment to Holt
Contractors, Inc. for their work on the Police Department Crime
Lab modification project. The project has been completed
satisfactorily; on time and within budget.
Recommend approval of final payment to Holt Contractors, Inc. in
the amount of $20,996 from General Construction Fund - Crime Lab
Renovation (Account No. 334-6111-519-62.18).
Agenda Item No. ~'~ ·
AGENDA REQUEST
Date: June 14, 1996
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: July 9, 1996
Description of item (who, what, where, how much): Staff request
City Commission approve Final Payment to Holt Contracting, Inc., in
the amount of $20,996.00 for their work on the Police Department
Crime Lab Modification project. Funding is available from Account
No. 334-6111-519-62.18.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recommends City Commission approve Final
Payment to Holt Contracting, Inc., in the amount of $20,996.00 for
their work on the Police Department Crime Lab Modification project.
Department head signature: ~~~/~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available(~-E~NO
Funding alternative~(~ (if applicable)
Account No. & Description 3{~-~~?-~2,,;d~v
Account Balance ~
City Manager Review: ,~..
Approved for agenda: E~NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
kesd\9602\agreq709
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
City Manager
From: Jos6 Aguila, R.A.~
Construction Manager
Date: June 14, 1996
Subject: AGENDA REQUEST 7/09/96
Police Department Crime Lab
Project No. 96-02
Attached is an Agenda Request for City Commission approval of Final Payment to Holt
Contractors, Inc., in the amount of $20,996.00 for their work on the Police Department
Crime Lab project. The project is complete and all punch list items have been completed
satisfactorily.
Since the project was of such a small scale, the usual Contractors Performance Review
form is not appropriate, however I would like to mention that the work was done on time,
within budget and in a most professional manner. The contractor and his trades were
under very strict rules by virtue of having to work in an occupied building and with tight
security concerns. I would gladly recommend this firm be used by the City on future
projects.
cc: William Greenwood
Agenda 7/9/96 file
File 96-02 (A)
esd\9602~agmem709
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM # g'H' - MEETING OF JULY 9, 1996
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: JULY 5, 1996
Attached is the Report of Appealable Land Use Items for the
period June 17 through June 28, 1996. 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.
TO: DAVID T. HARDEN, CITY MANAGER
THRU: ~NG
DEPARTMENT OF PLANNINGAND Z/GNING
FROM: /JASMIN ALLEN, PLANNER
SUBJECT: MEETING OF JULY 9 1996 * CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS
JUNE 17, 1996 THRU JUNE 28, 1996
The action requested of the City Commission is that of review of appealable
actions which were made by various Boards during the period of June 17, 1996
through June 28, 1996.
This is the method of informing the City Commission of 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 City 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.
City Commission Documentation
Appealable Items Meeting of July 9, 1996
Page 2
There were no appealable items. The following items which were considered by
the Board will be forwarded to the City Commission for final action.
Recommended approval (6 to 0), of the permanent street closure for N.E. 3rd
Street and N.E. 5th Street, west of N.E. 7th Avenue.
· Recommended approval (7 to 0), to amend the Marina Delray SAD (Special
Activities District), located at the southeast corner of Palm Trail and George
Bush Boulevard.
· Recommended approval (7 to 0), of a conditional use request to allow the
construction of a parking lot within the OSSHAD (Old School Square Historic
Arts District), located north of Atlantic Avenue, between N.W. 1st Avenue and
Swinton Avenue.
· Recommended approval (7 to 0), of an amendment to the Land Development
Regulations, Section 4.4.24(D) "Old School Square Historic Arts District" to
allow open-air farmers market as a conditional use.
A. Approved (6 to 0), the architectural elevation plans for the Original
House of Pancakes, located on the west side of Federal Highway, south
of Linton Boulevard. The proposal involves the demolition of the existing
restaurant and construction of a 8,584 square foot structure which
includes a 4,653 sq. ft. bay for the Original House of Pancakes and a
3,931 sq. ft. general retail bay. The site plan and landscape plan were
approved at a previous meeting.
B. Approved (6 to 0), the architectural elevation plan for Favale Apartments
involving the construction of three townhouse type units to an existing
duplex, located at the southwest corner of Avenue L and Spanish Trail.
The site plan and landscape plan were approved at a previous meeting.
C. Approved with conditions (6 to 0), a request for minor site plan
modification, landscape plan and architectural elevation plan associated
City Commission Documentation
Appealable Items Meeting of July 9, 1996
Page 3
with a 13,963 sq. ft. expansion of the body shop and a 2,785 sq. ft. free
standing executive office for Wallace Ford, located at the northwest
corner of Wallace Drive and Linton Boulevard. Concurrently, the Board
approved a reduction in the right-of-way width from 60' to 25' for Milfred
Street and eliminated the requirements for sidewalks.
D. Tabled (6 to 0), a request for minor site plan modification associated with
the construction of a 2,335 sq. ft. addition to the existing clubhouse at the
Delray Municipal Golf Course Clubhouse. The request was tabled in
order for the Board to obtain additional information to fully assess the
parking situation.
E. Approved with conditions, on a 5 to 0 vote (Dick Sheremeta stepped
down), a minor site plan modification, and landscape plan for ABC
Carpets, associated with the re-use of the old Kraft building, located on
the east side of Congress Avenue, south of Atlantic Avenue.
F. Approved with conditions (6 to 0), the site plan, landscape plan and
architectural elevation plan for Atlantic Congress Plaza, located at the
northwest corner of Atlantic Avenue and Congress Avenue. The
development proposal is to construct a 13,666 sq. ft. retail building
containing a 11,333 square foot carpet store and a 2,333 square foot
retail bay.
1. Approved with conditions (6 to 0), a request for site plan modification,
landscape plan and architectural design elements associated with the
conversion and renovation of the former Polly Noe Antiques to a
restaurant and bar known as Atlantic Bar and Grille, located on the
south side of Atlantic Avenue, east of Swinton Avenue. Concurrently, the
Board approved a request to reduce the perimeter landscape strip from 5
feet to 3 feet.
2. Approved (6 to 0), a request for a Certificate of Appropriateness to allow
an existing carport to be enclosed at 332 S.E. 7th Avenue.
No other appealable items were considered by the Board. The following item
which was considered by the Board will be forwarded to the City Commission for
final action.
City Commission Documentation
Appealable Items Meeting of July 9, 1996
Page 4
· Recommended approval (4 to 2), to designate and list in the Local Register
of Historic Places, the South Ocean Boulevard Historic District.
By motion, receive and file this report.
Attachment: Location Map
LOCATION MAP FOR
CITY COMMISSION MEETING
OF dULY 9, 1996
L-50 CANAL
LAKE IDA ROAD
NW
>~
LOWSON BOULEVARD m
LIN TON BOULEVARD 3:
BOULEVARD
L-38 CANAL C-15 CANAL
c,Ty L,.,TS m~ S.P.R.A.B.: H.P.B.:
A. - ORIGINAL HOUSE OF PANCAKES 1. - AVENUE BAR & GRILLE
B. - FAVALE APARTMENTS 2. - 332 S.E. 7TH AVENUE
i MILE
I C. - WALLACE FORD
I
I
D. - DELRAY BEACH MUNICIPAL
SCALE GOLF COURSE CLUBHOUSE
E. - ABC CARPETS
N F. - ATLANTIC CONGRESS PLAZA
H
CITY OF' DELRAY BEACH. FL
PLANNING DEPARTMENT
-- D/G/ira. l_ g,4S£ 1144P $)'Sir£1t~ --
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY Mg2XlAGER
SUBJECT: AGENDA ITEM # ~ - MEETING OF JULY 9, 1996
AWARD OF BIDS AND CONTRACTS
DATE: JULY 5, 1996
This is before the Commission to approve the award of the follow-
ing bids and contracts:
1. Bid award to Atlantis Environmental Engineering, Inc. for
repainting the Water Treatment Plant Pipe Galleries, in the
amount of $35,004 from 441-5143-536-46.10.
2. Purchase award to Universal Cabling Systems, Inc., sole
source bid, for the City Attorney's Office fiber optic
cabling, in the amount of $18,000 from 334-6111-519-62.20.
3. Bid award in the amount of $93,003.05 to Community Asphalt
Corporation for the 1996 Street Resurfacing Projects, with
funding from 334-3162-541-63.10.
4. Bid award for replacement vehicles; a 1996 GMC P3500 Step
Van from Kaiser/GMC for the Police Department in the amount
of $40,069.25 from 501-3312-591-64.20; and a 1996 Dodge
1500/4x2 from Regency Dodge for the Golf Course in the
amount of $15,032.00 from 445-4761-572-64.20.
5. Bid award via Broward County for lift gates and utility
bodies from Elite Service Bodies & Equipment for prior
approved vehicles, in the amount of $12,875 from
501-3312-591-64.20.
Agenda Item No~ !
AGENDA REQUEST
Date: June 17, 1996
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: July 9, 1996
Description of item (who, what, where, how much): Staff request
City Commission award a painting contract to Atlantis Environmental
Engineering, Inc., in the amount of $35,044.00 for the repainting
of the Water Treatment Plant Pipe Gallery project. Funding is
available from Water Treatment Plant Building Maintenance Account
#441-5143-536-46.10.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recommends City Commission award a painting
contract to Atlantis Environmental Engineering, Inc., in the amount
of $35,044.00 for the repainting of the Water Treatment Plant Pipe
Gallery project.
Department head signature: ~~. ~~.~.~~ ~.~!~~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available ~/N0
Funding alternatives A/// , (if applicable)
Account No. & Description
Account Balance ~ ~.~.~
City Manager Review: '
Approved for agenda:Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Di s approved
\esdk9637kagreq709
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
City Manager
From: Jos6 Aguila, R._A~
Construction Manager
Date: June 17, 1996
Subject: AGENDA REQUEST 7/9/96
Water Treatment Plant Pipe Gallery Repainting
Project No. 96-37
Attached is an Agenda Request for City Commission approval of bid to Atlantis
Environmental Engineering, Inc., in the amount of $35,044.00, for the repainting of the
Pipe Galleries at the Water Treatment Plant.
On Tuesday June 11, 1996, the City received five bids on the referenced project listed as
follows.
2 Sun Art Painting Corporation $36,399.00
3 CEM Enterprises, Inc. (d.b.a. Sunshine Painting) $37,777.00
4 ARZ Builders, Inc. $47,510.00
5 Industrial Corrosion Services, Inc. $52,580.00
Staff recommends City Commission award a contract to Atlantis Environmental
Engineering, Inc. in the amount of $35,044.00. Funding is available from the Water
Treatment Plant, Water Maintenance and Building Maintenance Account #441-5143-536-
46.10.
cc: William Greenwood
Don Haley
Agenda file 7/9/96
File 96-37 (A)
esd~9637~agmem709
(BID FORM)
Proposal of Atlantis Environmental, .Engineering, Inc.
(Contractor)
665 SE 10th Street, Deerfield ~each, FL 33441
(Address)
to furnish and deliver all materials and to do and perform all work in accordance with the Con-
tract Documents for the Project entitled:
WATER TREATMENT PLANT PIPE GALLERY
CITY OF DELRAY BEACH PROJECT NO. 96-037
To: Purchasing Officer
City of Delray Beach, Florida
100 NW 1 st Avenue
Delray Beach, Florida 33444
1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an
Agreement with the CITY in the form included in the Contract Documents to complete
all Work as specified or indicated in the Contract Documents for the Contract Price and
within the Contract Time indicated in this Bid and in accordance with the Contract
Documents.
2. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including
without limitation those dealing with the disposition of Bid Security. This Bid will re-
main open for sixty (60) days after the day of Bid opening. Bidder will sign and deliver
to the CITY the Agreement and submit the Contract Security, Insurance Certificates and
other documents required by the Contract Documents within fifteen days after the date of
OWNER'S Notice of Tentative Award. If Bidder fails to sign the Agreement and deliver
the Agreement to the CITY accompanied by the required security, insurance certificates
and other documents within the time specified, the CITY has the authority to rescind the
bid award and retain the bid security which shall be forfeited as liquidated damages.
P-1
3. In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that:
Bidder has examined copies of all the Contract Documents and of the following
addenda:
Number Date Number Date
May 28, 1996
receipt of aH of which is hereby acknowledged and also copies of the Advertise-
ment for Bids and the Instructions to Bidders;
b. Bidder has examined the site and locality where the Work is to be performed, the
legal requirements (federal, state and local laws, ordinances, rules and regulations)
and the conditions affecting cost, progress or performance of the Work and has
made such independent investigations as Bidder deems necessary.
c. This Bid is genuine and not made in the interest of or on behalf of any undisclosed
person, firm or corporation and is not submitted in conformity with any agreement
or rules of any group, association, organization or corporation; Bidder has not di-
rectly or indirectly induced or solicited any other Bidder to submit a false or sham
Bid; Bidder has not solicited or induced any person, firm or a corporation to re-
fi.ain fi.om bidding; and Bidder has not sought by collusion to obtain for himself
any advantage over any other Bidder or over the CITY; no City official nor any
City employee has a direct or indirect interested in said bid, in the supplies or work
to which it relates, to any person associated with the finn performing the work, or
to the profits resulting fi.om the work
['Remainder of this page left blank intentionally]
P-2
0
0
0
0
Agenda Item No.: f~
AGENDA REQUEST
Date: June 26, 1996
Request to be placed on:,
X Regular Agenda Special Agenda Workshop Agenda
When: July 09, 1996
Description of agenda item (who, what, where~ how much):
Purchase Award - Purchase of Fiber Optic Cabling for City Attorney's Office to
Universal Cabling Systems, Inc. for a total cost of $18,000.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Purchase award to Universal Cabling Systems Inc. for purchase
of Fiber Optic Cablin§ for City Attorney's O~ice.
Sole Source Purchase at a total cost of $18,000.
Fundin~ from account #334-6111-519-62.20
Department Head S'gz natur : //~
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding
alternativ~-T~.available:( %Y~E~/ NO _ (if applicable)
Funding
Account No. & Desgription: _
Account Balance: %2-~i[30~ ~2~9 ~ '
City Manager Review: ~"
Approved for agenda,: ~ NO
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: Robert Barcinski, Acting City Manager
FROM: Jacklyn Rooney, Senior Buyer ~
THROUGH: Joseph Saf,~~nce Director
DATE: June 26, 1996
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING
JULY 09, 1996 - PURCHASE AWARD -
FIBER OPTIC CABLING - CITY ATTORNEY'S OFFICE
Item Before Commission:
The City Commission is requested to make purchase award to Universal
Cabling Systems, Inc. for the fiber optic installation for City Attorney's
Office at a total cost of $18,000.
Background:
The City Attorney's Office is in need of this for access to City's main
local area network (MIS LAN).
This is a sole source purchase. Universal Cabling Systems Inc. is the
current vendor doing our cabling installations for the City, and their
pricing is lower than state contract pricing.
The Information Systems Manager recommends purchase of this fiber optic
cabling to Universal Cabling Systems Inc. per attached memo dated June 19,
1996.
Recommendation:
Staff recommends the purchase award to Universal Cabling Systems, Inc. at a
total cost of $18,000. Funding from account #334-6111-519-62.20.
Attachments:
Memo From Information Systems Manager
Quote From Universal Cabling Systems Inc.
Memorandum
To: Joseph Safford, Finance Director
From: Richard Zuccaro, Information Systems Manager
Date: June, 19, 1996
Subject: Fiber Optic Cabling to the City Attorney's Office
The City Attorney's Office is currently accessing the City's mid-range
(AS/400) computer for Accounting, Purchasing, Payroll information and
city-wide E-mail.
The City Attorney's current access method to the City's AS/400, which was
installed in 1992, uses an Eicon qateway communications server. Although
this equipment has served us well for the past four years it is
approaching obsolescence, becoming problematic and costly to maintain in
terms of staff time. It requires software updates each time a problem or
change occurs on the AS/400 or the City Attorney's network. The fiber
optics cabling and hardware requested would provide increased
capabilities i.e., faster transmission speeds, dependability, and would
allow an unlimited number of workstations and voice and video signals.
Additionally, although the City Attorney's Office currently has access to
the City's AS/400, they do not have access to the City's main local area
network (MIS LAN) or the fiber backbone. This additional access would
allow them to communicate and share information with user departments
throughout the City, including the Police Department's legal advisor.
This direct access to the fiber backbone would also provide the MIS
Division with greater flexibility in managing network services and
maintaining disaster recovery.
After careful analysis by MIS, it was determined that expanding the
City's current fiber infrastructure by adding the fiber optic link to the
City Attorney's Office would be the best, cost effective plan for meeting
the City's current and long range communications needs. Fiber optic
cabling requires no maintenance or monthly costs (i.e., telephone lines).
In the City's mid-year budget amendment the transfer of $20,000 to
account 334-6111-519-62-20 for funding this project was approved.
The City has been doing business with Universal Cabling Systems, Inc. for
the past six years. They were originally contracted to install the
existing fiber infrastructure connecting City Hall, Parks & Recreation,
Police Department, Fire Headquarters and all of the buildings at the
Environmental Services Complex. As a result they are thoroughly familiar
with our fiber layout, and often provide support and/or cabling
modifications at no cost to the City. Therefore, the fiber connection to
the City Attorney's Office should be considered as an expansion to their
original project, making them a "sole source" provider.
I am requesting City Commission approval, for the attached proposal from
Universal Cabling Systems Inc. to trench and install fiber optic cable
from City Hall to 'the City Attorney's Office, in the amount of $18,000.
is-fiber
UNIUERSAL CABLING 407-659-6308 05-24-96 13:56 P.01
UNIVERSAL CABLING SYSTEMS, INC.
MR. GREG WELCH
CITY OF DELRAY
100 NW FIRST ST.
DELRAY BEACH, FL 33444
RE: FIBER OPTIC iNSTALI,AT10N
DEAR GREG:
UNIVERSAL CABLING SYSTEMS, ]'NC. SHAIJ, PROVIDE MATERIALS AND
INSTALLATION FOR THE FOLLOWING:
1, FIBER OPTIC INSTALLATION
INSTALLATION OF A 12 STRAND FIBER OPTIC CABI.E AERIAL
FROM THE CITY HALL COMPUTER ROOM TO THE ATTORNEY
0FF]'CE, UTILIZING THE EXISTING POLES. EACH END OF Tt~E
FIBER CABbE WILL BE A FAN..OUT AND TERMINATED WITH ST
CONNECTORS AND TESTED WITH A POWER METER AND LIGHT
SOURCE.
FIBER 0P'PIC INSTALLATION ................... $6,000.00
AERiAI~ INSTALI,ATION ........................ $8,000.00
TOTAI, PROJECT PR1CE ............................. $14,000.00
2. UNDERGROUND FIBER OPTIC INSTALLATION
INSTALLATION 0F A 12 STRAND FIBER OPTIC CABLE AND A 2~'
PVC CONDUIT SYSTEM FROM THE CITY HALL COMPUTER ROOM TO
THE ATTORNEY'S OFFICE. ALSO INCLUDED, THE INSTALLATION
OF A 2" PVC CONDUIT, PULL-BOXES AND BUILDING
PENETRATIONS FOR A COMPLETE UNDERGROUND INSTALLATION.
ONCE THE FIBER CABLE HAS BEEN INSTALl,ED, UNJ. VERSAL
CABI,ING SYSTEMS, INC. SHALL TERMINATE THE E~)S WITH
ST CONNECTORS AND TEST WITH POWER METER AND LIGHT
SOURCE.
FIBER OPTIC INSTALLATION ..................... $6,000.00
UNDERGROUND CONDUIT INSTA~,LATION ............ $12,000.00
TOTAL PRO~]ECT PRlCE ............................... $1 8,000.0~
AGENDA REOUEST
Date: June 25. 1996
Request to be placed on:
X Regular Agenda
Special Agenda
__Workshop Agenda When: July 9. 1996
Description of item (who, what, where, how much): project No. 96-17. 1996
Resurfacing projects. The work generally consists of installing an asphalt
concrete overlay, including leveling course and pavement markings on the
following streets in Delray Beach: Eldorado - NW 6th Avenue east to cal de
sac. Audubon Bridge. Sunshine Drive. SW 15th Avenue - SW 3rd Ct. to SW let St..
NW 6th Avenue-Enfield to Eldorado. SW 15th Terrace - SW 6th St. to SW 3rd Ct..
SW 9th Court, SW ~rd Court. NE 22nd Street - Swinton Ave. to Seacreast Blvd..
Allamanda Drive. SW 14th Avenue - SW 3rd Street to SW 6th Street. SE 2nd Avenue
- SE 7th Street to Se 6th Street. Palm Trail - Mckee Lane to north end. NW 9th
Street - NW 8th Avenue to 200' west. and Evergreen Drive.
The funding source for this project is as follows:
General Constructio~ Fund 334-3162-541-63.10 $93,003.05
The lowest responsible responsive bidder for this project is Community Asphalt
Corp. with a bid in the amount of S93,003.05
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends award of Project No. 96-17, 1996 Resurfacing
Projects to Community Asphalt Corp. for their bid in the amount of ~93,003.05.
Department head signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of
funds):
Funding available NO
Funding alternative-D
Account No. & Description ~-~%-,~---~I,~-;0 ~f~licable)
Account Balance
City Manager Review:
Approved for agenda:
Hold Until:
Agenda Coordinator Review: Received:
Placed on Agenda:
Action:
Approved/Disapproved
file: 96-17 (A)
file: projects/9617/official/arf9617.doc(A).doc
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: DAVID T. HARDEN
CITY MANAGER
FROM: WILLIAM GREENWOOD
DIRECTOR OF EVIRONMENTAL SERVICES
DATE: JUNE 25,1996
SUBJECT: 1996 RESURFACING PROJECTS
PROJECT NO. 96-17
Enclosed is an Agenda Request and bid tabulation for the regular Commission Meeting on July 9, 1996,
requesting award of the construction contract for the referenced project to Community Asphalt Corp.
They are the lowest responsible responsive bidder and the proposed contract amount is $93,003.05.
The work generally consists of installing an asphalt concrete overlay, including leveling course and
pavement markings on the following streets in Delray Beach:
· Eldorado - NW 6th Ave. east to cai de sac · Audubon Bridge
· Sunshine Drive · SW 15th Avenue - SW 3ra Ct. to SW 1st St.
· NW 6th Avenue - Enfield to Eldorado · SW 15th Terrace - SW 6th St. to SW 3ra Ct.
· SW 9th Court · SW 3rd Court
· NE 22nd Street - Swinton Ave. to Seacreast Blvd. · Allamanda Drive
· SW 14th Avenue - SW 3ra Street to SW 6th Street · NW 9th Street - NW 8th Ave. 200' west
· Palm Trail - Mckee to north end · SE 2nd Avenue - SE 7th ST. to SE 6th St.
· Evergreen Drive
The funding source for this project is as follows:
Funding Source Account Number Bid Amount
General Construction Fund 334-3162-541-63.10 $93,003.05
Please place this item on the agenda for commission approval.
Enclosed
cc: Joseph Safford, Finance Director
C. Danvers Beatty, P.E., City Engineer
File: Project No. 96-17 (A)
AGENDA REQUEST
Request to be placed on:
Regular Agenda Special Agenda Workshop Agenda
When:
ription~of agenda item
ORDINANCE/ RESOLUTION REQUIRED: YES~0~ Draft Attached: YES~
Recommendation:
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items .involving expenditure
of funds):
Funding available: <\YE~ NO
Funding alternatives.'-T'- (if applicable)
Account No. & Description:
Account Balance: $ i~03Z
City Manager Review: j
Approved for agenda: NO
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
[lTV OF DELIII:IY BER[H
DELRAY BEACH
~ 100 N.W, 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
AII-AmericaCity
® TO: David T. Harden, City Manager
1993 FROM: ~J~J~obert A. Barcinski, Assistant City Manager
SUBJECT: Agenda Item # City Commission Meeting, July 9, 1996
Bid Award - Replacement Vehicles
DATE: June 25, 1996
ACTION
City Commission is requested to approve a bid award for replacement vehicles per staff
recommendation.
BACKGROUND
Vehicle replacements are requested on an annual basis for City vehicles due to age, mileage,
repair costs and/or a combination of the above. The following vehicles are being recommended
for replacement:
Vehicle Ct Department Yr./Make/Model Mileaqe
1917 Police Dept. 1979 Dodge"D" 200 Van 50,231
No Designation DB Golf Course 1990 GMC Sierra 1500 87,282
NOTE: Delray Beach Golf Course vehicle is replacement for their stolen vehicle.
RECOMMENDATION
Staff recommends bid award as follows:
Unit Ext.
Bid Year/Vehicle Qty. Vendor Cost Cost
96-44 1996 GMC P3500 Step Van 1 Kaiser/GMC $40,069.25 ,$40,069.25
State Contract Unit Ext.
Number Year/Vehicle Qty. Vendor Cost Cost
070-500-410 1996 Dodge 1500/4 x 2 1 Regency Dodge $15,032.00 $15,032.00
Funding to be provided as follows:
DB Golf Course Account Ct445-4761-5~1,,(~-64.20 $15,032.00
Fleet Maintenance Account Ct501-3312-.5~,J-64.20 $40,069.25
TOTAL $55,101.25
HO/sdl
REF: HO/062596E.MEM
THE EFFORT ALWAYS MATTERS 0~.~'
Printe~ on Recycled Paper
RECEIVED
JUN 2 5 1996
MEMORANDUM//~- PUBLIC WORKS
To: Hoyt Owens, Deputy Director Public Works
From: Richard V. Sandell, Fleet Maintenance Superinte~e~
Date: June 20, 1996
Subject: REPLACEMENT FOR STOLEN GOLF COURSE VEHICLE
I have reviewed the vehicles available under the Florida State contract with Tom Arendt.
He has agreed that the 1/2 Ton pickup awarded to Regency Dodge will be adequate for
his needs.
Regency Dodge has one 1/2 Ton Dodge pickup truck in stock which they will sell to us
under the terms of the Florida State contract. The cut-off date for new orders has passed,
no other 1/2 ton truck is available. Fleet Sales Manager, William Futrill, requested a
Purchase Order by July 10th. He agreed to hold the truck for the City until that date. The
phone number for Regency Dodge is (904) 725-3050. Vehicle specifications and pricing
are,as follows:
State Contract # Description Cost
070-500-410 Dodge 1/2 Ton Pickup $12,041.00
OPTION 1004 V-8 Engine 1,032.00
OPTION 5001 Air Conditioning 654.00
OPTION 9905 Extended Warranty 6/100 1,305.00
STANDARD EQUIPMENT INCLUDED: AUTOMATIC 4SPD TRANS, POWER STEERING,
GAUGES, AM/FM RADIO, AIR BAGS, ANTILOCK BRAKES, PAINT COLOR: White N/C
TOTAL $15,032.00
This truck is the same as the truck approved by City Commission for Parks and Recreation
with two exceptions: There is no Limited Slip differential (Option 3002) available, and the
standard six cylinder engine is not available.
cc: Robert A. Barcinski, Assistant City Manager
Dan Pattavina, Fleet Supervisor
file
HOFLMT17.DOC Page i of 1 2:55 PM
DELRAY BFACH
Delray Beach Police Department ~
Ail-America City
(407) 243-7888 Fax (407) 243-7816
1993
MEMORANDUM
TO: Robert A. Barcinski, Assistant City Man~er
FROM: David Junghans, Administrative Officelge. J~
DATE: June 24, 1996
SUBJECT: SWAT VEH!CLE
The Department has received the list of vendors who bid for the SWAT vehicles, and we
agree with Hoyt Owens' recommendation to go with Kaiser Pontiac, Buick, GMC
Track.
ppt
MEMORANDUM
TO: Jackie Rooney
Buyer
THRU: Robert A. Barcinski {9~
Asstistant City Manager
FROM: Hoyt Owens ~
Public Works Deputy Director
SUB J: SWAT VEHICLE
BID #96-44
A WARD RECOMMENDATION
DATE: May 31. 1996
Public Works Department has reviewed the responding bidders documents for the above described
"Request for Bid". Each bidders exceptions to the bid documents are annotated on the attached bid
tabulation sheets ( X 3 pages)
The low bidder is proposing the following exceptions to the requested equipment:
Specifications Bidder
Requested Proposed
cargo area: 16' 18'
cargo area height: 90" 84"
cargo roof: .100" aluminum fiberglass
exterior panels: .100" aluminum upper .080" aluminum upper
· 125" aluminum lower .100 "aluminum lower
All other items by the low bidder comply with the specifications.
Jackie Rooney
Memorandum - 5/31/96
Page 2
If the Police Department will accept an 82" - 84" height restriction, it is our recommendation to award
Bid #96-44 to the lowest bidder, Kaiser Pontiac - Buick - GMC, Inc. ~t~i Deland, Florida.
If you have any questions, please call.
HO:pw
Attachments
cc: Richard V. Sandell, Fleet Superintendent - w/o attach
Jim Schmitz, Building Maintenance Superintendent - w/attach
David Junghans, Administrative Officer - w/attach
Rick Lincolm Major/Field Operations - w/attach
RECEIVED
HAY 3 1 ]996
MEMORANDUM
, PUBLIC WORKS
To: Hoyt Owens, Deputy Director Public Works ~/
~/, I/
From: Richard V. Sandell, Fleet Maintenance Superint~?e~.
Date: May 31, 1996
Subject: SWAT VEHICLE RECOMMENDATION
The obvious choice for the SWAT vehicle, given the $1 7,000 +/- difference between the
GMC and the International, is the GMC. The superiority of the 21,000 lb chassis, the
diesel engine and the Allison transmission are not required in this light duty, Iow usage
application. Should usage increase, or load requirements dictate, the International vehicle
is well worth the difference in initial cost. Operation and maintenance costs would be
approximately !5% lower for the medium duty Navistar compared to the light duty GMC.
The Fiberglas roof and thinner aluminum panels on the Union City Body box are not a
detriment considering the lighter weight, allowing greater carrying capacity. If the inside
height is sufficient, the Kaiser bid can be accepted.
cc: Dan Pattavina, Fleet Supervisor
file
HOFLMTI3.DOC Page I of I 11:24 AM
Agenda Item No. :
AGENDA REQUEST
Date:
Request to be placed on:
Regular Agenda Special Agenda Workshop Agenda
Descri~pti~on of agenda ~%tem~ (who, what,~h~e,~h h) :
ORDINANCE/ RESOLUTION REQUIRED: YES N~ Draft Attached: YES~
Recommendation: ~
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds): Y~ESf
Funding available:
Funding alternative~--
(if applicable)
Account No. -& Description: ~ 33i2-5~. &~-~O ~3~~
Account Balance: ~q~. j~ _~
City Manager Review: ~
Approved for agenda:~E~/ NO
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
£1T¥ OF I)ELIII:I¥ BEI:I£H
DELRAY BEACH
~ 100 N,W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
AII-AmedcaCily
TO: David T. Harden, City Manager
1993 FROM: ~Robert A. Barcinski, Assistant City Manager
SUBJECT: Consent Agenda Item # City Commission Meeting, July 9, 1996
Bid Award - Replacement Vehicles
DATE: June 27, 1996
ACTION
City Commission is requested to approve a bid award for utility bodies and lift gates for prior
approved vehicles per staff recommendation.
BACKGROUND
Optional replacements are being requested to be installed on the following vehicles.
Dept/Division Description Cost
Sewer Stahl "96 C.V." Utility Body $ 2,149
Sewer Litigate TT15E 1,500 lb $1,715
Utility Maintenance Stahl "96 C.V." Utility Body $ 2,149
Fleet Maintenance Stahl "96 C.V." Utility Body $ 2,149
Fleet Maintenance Liftgate TT15E 1,500 lb $1,715
Parks Stahl "96 C.V." Utility Body $ 2,149
Parks Stahl "96 C.V." Utility Body $ 2,149
Credit for 5 pickup beds @ $300 ea. ($1,500)
TOTAL @ $12,675
RECOMMENDATION
Staff recommends bid award as follows:
Broward County Unit Ext.
Contract Number Year/Vehicle Qty. Vendor Cost Cost
065108003008 N/A 5 Elite Service Bodies $ 2,144 $10,745
& Equipment
055480020002 N/A 2 Elite Service Bodies $ 1,715 $ 3,430
& Equipment
$14,175
Credit for 5 pickup beds @ $300 ea. $ (1,500)
Pick-up and delivery charge @ $40/vehicle x 5 = 200
NET TOTAL @ $12,875
Funding to be provided as follows:
Fleet Maintenance Account #501-3312-591-64.20 TOTAL @ $12,875
HO/sdl
REF: HO/062796B.MEE
THE EFFOFIT ALWAYS MATTEFIS
MEMORANDUM
TO: Robert Barcinski, Assistant City Manager
FROM: Hoyt Owens, Deputy Director of Public Works jlJJ~
DATE: June 27, 1996
SUBJECT: OPTIONAL EQUIPMENT PURCHASE
FY 98 OAPITAL FLEET REPLAOEMENTS
On March 5, 1996, the City Commission approved the purchase of seven (7) replacement
vehicles with optional equipment, which included five (5) utility bodies and two (2) lift gates.
The approved vendor under Florida State Contract #070-500-425 was Heintzelman's Truck
Center (Orlando, FL.I. The vendor states, that they do not have a state contract for utility bodies
or lift gates. The City took delivery of the vehicles with knowledge of this factor.
Upon delivery of the vehicles, we have determined that Broward County has an extended
contract (#C04951212) with Elite Service Bodies & Equipment. The vendor has agreed to extend
their contract quotations to the City.
The Public Works Department recommends that the City accept the contract extension.
The City will realize a cost avoidance on this purchase of $2,225.
Commission approved purchasing vehicles with options. $147,604
Delivery costs for vehicles without options $132,704
Approved funds available $ 14,900
Optional equipment purchase from Elite Service Bodies & Equipment ($ 12,675)
Pick-up and delivery charge @ $40/vehicle x 5 ($ 200)
Cost avoidance $ 2,025
If you have any questions, please call.
HO/sdl
Attachments
REF:HO/062796F.MEM
TR~'CK SERVICE BODIES · TRUCK EQUIPMENT · LIFTGATES * CRANES & BUCKETS
SERVICE JUN 2 § 1996j
BODIES
& EQUIPMENT
June 21, 1996
City of Delray Beach
434 S Swinton Avenue
Delray Beach, FL 33444
Attn: Richard Sandell
Fleet Superintendent
Deaf'Mr. Sandell:
Thank you for choosing & Elite Servic~ Bodies Equipment, Inc..as your
supplier of Service Bodies.
We would like to take this opportunity to extend the same pricing, service,
and quality product that is being provided to the Board of County Commissioners-
Broward County. A copy of this Bid Sheet, Tabulation, and Award Letter is
attached. If you have any questions, please feel free to contact me at (305) 871-0780.
Sincerely,
Elite Service Bodies and Equipment, Inc.
Sales Representative
Attachments
GMP/dsh
4000 NW 24th ST- MIAMI, FL 33142 · PH. (305) 871-0780 o FAX (305) 871-7759
BID ~ BIO ~C-04-95-12-12
IN~T~r-r.~ ~TIt. ITT BODI~9
~O~J~D OF COUNTT
&n accor~ce wi~ all ~, con~i=io~, specifications
~e foll~g:
G~O~ 1 (~ 1 ~U 8)
NO. ~I~ DH~I~I~ P~I~ PRI~
~065108003009
1. 12 Nine foot len~h ~apheide
.Model t7~080-~'0:~1~
~0~5480020001
2. i Laf:ga:e for ~ove; ~15E 1500 Lb. car
]!" x 26' 4" R~p 'Or E~al' Per
~A~R:
Model t796~ 'Or
,. i Liftgate for above; t~15E 1S00 Lb. car
53" X 26' 4" R~p "Or E~l" Per
~065108'003010
. 4 ~~ Eight foot length ~apheide
~t~ Model ,T96D54B 'Or ,~1'
g055480010003
! Liftgate for ~o~e; l~lSE 1500 Lb. car
~A~:
~065108003015
2 { Eleven foot utility body with
~055~8001000~
1 Liftg~te for ~*e; I~iSE 1S00 Lb. c~
~A~:
/_
Purchasing Division
115 S. Andrews Avenue, Room 212
_~ Fort Laudordale, FL 33301
~,,.~_ .......... (305) 357-6065 · FAX (305) 357-8535
June 7, 1995
SIMPSON ENGINEERING, INC.
7215 N.W. 41st Street ·
Suite A
Miami, FL 33166
ATTN: David Mingus
REFERENCE: BID #C-04-95-12-12
FOR Installed Utility Bodies
Gentlemen:
This is to confirm that. the Director of Purchasing has accepted
your Bid on the above-referenced solicitation.
A Bid tabulation of all Bids received is enclosed, with item(s)
awarded to your firm enclosed in brackets.
The Contract is in effect for the period beginning June 18, 1995
and ending June 17, 1996 . Purchase Order(s) will be placed as
and when required.
A copy of this Notice, with a copy of your Bid including all terms
and conditions, is being forwarded to all Using Agencies.
Thank you for Your interest in doing business with Broward County.
Sincerely,
GLENN R. CUMMINGS, Director
Purchasing Division
Purchasing Agent II
BROWARD COUNTY BOARD OF COUNTY CO~MISSIONERS - An Equal Opportunity Employer and Provider of Services
Scott I. Cowan Suzanne N. Gunzburger John P. Hc:~-r l_od Nance Porrish Sylvia Poitier John E. Rodstrom. Jr. Gerald F. Thompson
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM # ~' - MEETING OF JULY 9, 1996
CONDITIONAL USE REQUEST/ADDITIONAL PARKING IN THE
OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT
DATE: JULY 5, 1996
This is before the Commission to consider a Conditional Use
request to allow the construction of a parking lot within the Old
School Square Historic Arts District (OSSHAD) located north of
Atlantic Avenue between N.W. 1st and Swinton Avenues.
The request is for a 44 space public parking lot with associated
landscaping as part of Phase II expansion of the Community
Redevelopment Agency's parking area. The lot is being proposed
to provide additional parking for Old School Square, the Tennis
Center, and other redevelopment of Block 60.
The Planning and Zoning Board considered this item at its meeting
of June 17, 1995 and unanimously recommended approval on a 7-0
vote, subject to approval of the site and landscape plans by the
Historic Preservation Board.
Recommend approval of the Conditional Use request to allow the
construction of a parking lot within the OSSHAD District.
THRU: DIANE DOMINGUEZ, DIRECTOR~d~)
DEPARTMENT OF lING
SUBJECT: MEETING OF JULY 9, 1996 - CONDITIONAL USE REQUEST FOR
THE ESTABLISHMENT OF A PUBLIC PARKING LOT, LOCATED
NORTH OF ATLANTIC AVENUE, BETVVEEN N.W. 1ST AVENUE AND
SWlNTON AVENUE.
The item before the City Commission is making a recommendation on a Conditional
Use request for a 44 space parking lot. The parking lot is a Phase II expansion of the
CRA's parking area.
The subject property is located north of Atlantic Avenue, between N.W. 1st Avenue and
Swinton Avenue.
The subject property consists of Lot 3, the north 49.4 feet of Lot 4, Lot 9, and the north
49.4 of Lot 10, Block 60, Town of Delray. The site previously contained the Love
duplexes which were recently demolished. A public parking lot is being proposed to
provide additional parking for Old School Square, the Tennis Center, and other
redevelopment on Block 60. On December 13, 1994, the City Commission approved
the construction of the CRA parking lot to the south of the subject area.
The proposal involves the development of a 44 space parking lot with associated
landscaping. The parking lot will also contain a pedestrian walkway system which will
run north and south within the alley and east and west from Swinton to 1st Avenue.
The Planning and Zoning Board considered this item at its meeting of June 17, 1995
and unanimously recommended approval on a 7-0 vote. There was no public testimony
regarding the proposal.
City Commission Documentation
Block 60 Redevelopment Parking Lot (Phase II) - Conditional Use
Page 2
o By motion, approve the conditional use request for a public parking lot based on
positive findings with respect to Section 3.1.1, Section 2.4.5(E), policies of the
Comprehensive Plan and subject to the following condition:
1. Approval by the Historic Preservation Board of a site plan and landscape
plan in conformance with LDR requirements and staff technical
comments.
Attachment:
· Planning and Zoning Staff Report
PLANNING AND ZONING BOARD
CITY-OF DELRAY BEACH '. ---STAFF REPORT---
MEETING DATE: June 17, 1996
AGENDA ITEM: V.B.
ITEM: ~ Conditional Use Request to Allow the Construction of a Parking Lot
within OSSHAD (Old School Square Historic Arts District), Located
North of Atlantic Avenue, Between N.W. 1st Avenue and Swinton
Avenue.
CEN~R OLD ,
'
S FA ~ ~NNIS
1 STADIUM
ATLANTIC AVENUE
GENE~L DATA:
Owner/Applicant ......................... Delray Beach Community Redevelopment Agency
Agent .......................................... Christopher J. Brown
Executive Director
Location .... i ................................. North of Atlantic Avenue, between N.W. 1st Avenue and Swinton
Avenue
Property Size .............................. 0.52 Acres
Future Land Use Map ................. Transitional
Current Zoning ........................... OSSHAD
Adjacent Zoning ................ North: OSSHAD
East: OSSHAD
South: OSSHAD
West: CF (Community Facilities)
Existing Land Use ....................... Undeveloped, formedy duplexes which were removed.
Proposed Land Use .................... Construction of a public parking lot to provide additional parking
opportunities for Old School Square, the Tennis Center, and future
redevelopment on block 60.
Water Service ............................. N/A.
Sewer Service ............................ N/A.
V.B.
The action before the Board is making a recommendation to the City
Commission on a request for Conditional Use approval for a public
parking lot, pursuant to LDR Section 2.4.5(E).
The subject property is located within Block 60, Town of Delray,
between N.W. 1st Avenue and Swinton Avenue just north of Atlantic
Avenue.
ti:~'. ....... ~ '. ,~.-...¥~ ..... ...,, .......... .~:,~:. ..... ,,~- ~..-
The subject property consists of Lot 3, the north 49.4 feet of Lot 4, Lot 9, and the
north 49.4 feet of Lot 10, Block 60, Town of Delray. The site previously contained the
Love duplexes which were recently demolished. A public parking lot is being proposed
to provide additional parking for Old School Square, the Tennis Center, and other
redevelopment on Block 60. On December 13, 1994, the City Commission approved
the construction of the CRA parking lot to the south of the subject area. The proposal
now before the Board is a Phase II expansion of the CRA's parking area.
· .~ ;... ~.~ ... :::.....;~ ~......,..::..~-~ ::~," .~,~.~ .~;~.;~ .., .... ..:~ .,,..: ~.;., ~:~ · .~. ...... .. . ~......~;.;:~.,,,.~:~.~y~;.~:..::.~.~:~.;~.~ ..~ ~::~.~..- ...- . .-~
· ~ · ~: :.~. ::: - ~:~ ·
The proposal involves the development of a 44 space parking lot with associated
landscaping. The parking lot will also contain a pedestrian walkway system which will
run north and south within the alley and east and west from Swinton to 1st Avenue.
:.~..:.~.:~:~::~.+.-... :..~:>..~.::..-+~..-...~:,:.%..~·:~.....:..~:.~.~.::. ~: ~ ...... ~ .. :~ . ..-<. ~.~.~? ... ~. ~. ...::~:~:~.,. :.,~ .~.. .:..~ ...-.:.:. .:,.. ...~ ... ..:-...,.........,:.~.,:...>...~.:.......~ ,:...~:.::'~: .~'~.:. :....~
CHAPTER 3 (REC~UIRED FINDINGS): (Performance Standards - L.O.S.)
Pursuant to Section 3.1.1 of the Land Development Regulations, prior to
approval of development applications, certain findings must be made in a form
which is part of the official record. This may be achieved through information
on the application, the staff report, or minutes. Findings shall be made by the
Board to approve or deny the development application. These findings relate to
the following four areas:
FUTURE LAND USE MAP; The use or structures must be allowed in the zone
district and the zoning district must be consistent with the land use
designation.
P & Z Board Staff Report
Block 60 Redevelopment Parking Lot (Phase II) - Conditional Use
Page 2
The subject property has a Future Land Use Map designation of Mixed Use and a
zoning designation of OSSHAD (Old School Square Historic Arts District). The
OSSHAD zoning district is consistent with the Mixed Use Future Land Use Map
designation and "Parking lots not associated with a use" is listed as a Conditional Use
in the OSSHAD district [LDR Section 4.4.24(D)(5)].
CONCURRENCY.: Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
The introduction of a parking lot to serve existing facilities will not create additional
demand with respect to traffic, water, sewer, solid waste, or parks and recreation.
The proposal's impact on drainage is discussed below.
Drainage: The drainage plan submitted depicts the installation of 50' exfiltration
trenches and Type "C" inlets within the parking lots The City Engineer has requested
additional information, including drainage calculations, and verification that there are
no conflicts between proposed drainage and existing water and sewer within the alley
right-of-way. Adequately addressing these issues during site plan review has been
attached as a condition of approval.
CONSISTENCY: Compliance with performance standards set forth in Chapter 3
and required findings in Section 2.4.5(E)($) for the Conditional Use request shall
be the basis upon which a finding of overall consistency is to be made. Other
objectives and policies found in the adopted Comprehensive Plan may be used
in making a finding of overall consistency.
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following applicable policies were found.
Comprehensive Plan Policies:
Future Land Use Policy C-3.2: The successful development of the Old School
Square Project is the cornerstone to the rebirth of the economic vitality of the
community. To further accommodate this activity, the City shall evaluate the
potential for the acquisition of land in the Old School Square area of the City for
the purpose of improving public parking and/or creating a linkage between Old
School Square and governmental facilities.
The development of the proposed parking lot will meet the above policy and further
enhance the surrounding area. The plan for the parking lot provides pedestrian
P & Z Board Staff Report
Block 60 Redevelopment Parking Lot (Phase II) - Conditional Use
Page 3
walkways between Old School Square, the Tennis Center and City Hall. Further, the
parking is located centrally to facilitate use by Old School Square, the Tennis Center,
and other public/private facilities in the area.
Future Land Use Policy C-3.3: Alleys located within the Old School Square
Historic Arts District on either side of Swinton Avenue shall remain and be
made available for the access to abutting properties. Accordingly, these alleys
shall not be abandoned to private interests.
Currently, there exists a north/south alley which bisects the subject property. A
pedestrian walkway is planned within this alley. The installation of the walkway will
further comply with the above stated policy.
Section 2.4.5(E){$) Reo. uired Findings: {Conditional Use)
Pursuant to LDR Section 2.4.$(E)(5) (Findings), in addition to provisions of
Chapter 3, the City Commission must make findings that establishing the
conditional use will not:
A. Have a significantly detrimental effect upon the stability of the neighborhood
within which it will be located:
B. Nor that it will hinder development or redevelopment of nearby properties.
The proposed use will be located on vacant property. To the north is a single family
residence, to the east is Old School Square, to the south is Phase I of the CRA Block
60 parking lot, and to the west is the Delray Beach Recreation Center and Tennis
Center. Zoning to the north, east, and south of the subject property is OSSHAD and
to the west is CF (Community Facilities).
A need for additional parking .in this area was identified during the redevelopment of
Old School Square and the Tennis Center, and in the CRA's adopted plan. The
general area consists of office, commercial, residential, and government type uses. A
parking lot in the general vicinity will provide parking for the existing uses and may
foster more redevelopment and use conversions, thereby continuing the revitalization
of the area.
Based on the above, a finding can be made that the proposed use will not have an
adverse impact on the surrounding 'area nor will it hinder development or
redevelopment of nearby properties.
P & Z Board Staff Report
Block 60 Redevelopment Parking Lot (Phase II) - Conditional Use
Page 4
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS
LDR Section 4,3,4(K) Development Standards Matrix;
As no buildings are proposed, the setback, building height, and lot coverage
requirements of the OSSHAD are not applicable. The subject property far exceeds
the minimum lot.size, depth, frontage, and width requirements for the OSSHAD
district.
Open Space:
Current regulations requires a minimum of 25% of the .total site area to be devoted to
non-vehicular open space area. The submitted landscape and irrigation plan
indicates 22% of the subject property is devoted to open space. This percentage
does not include the landscaped pedestrian walkways. With the inclusion of these
areas the minimum 25% requirement is met.
LDR Chapter 4.6 Supplementary_ District Regulations:
Landscaping:
Site and landscape plans have been submitted along with the conditional use request.
The landscape plan provides landscape islands and tiers throughout the parking lot.
The site is located within the Old School Square Historic Arts District, and the site and
landscape plans must receive approval from the Historic Preservation Board if the
· 'conditional use is approved.
Lighting:
The proposed parking lot will likely be used during evening hours, therefore, it is
appropriate to provide on site. lighting. The site and landscape plans depict typical
parking lot lights throughout the proposed parking lot.
Off-Street Parking;
The plan provides for 44 parking spaces (including 2 handicap parking spaces),
pedestrian access to adjacent properties, and two points of ingress/egress (N.W. 1st
Avenue and Swinton Avenue). All design standards for off-street parking have been
met.
P & Z Board Staff Report
Block 60 Redevelopment Parking Lot (Phase II) - Conditional Use
Page 5
The following comments have been submitted by various City departments and will
need to be addressed at the time of site plan review:
Planning and Zoning Department:
1. Based on the potential number of users, it is recommended that the proposed
east/west walkway be increased in width to 10', and that a waiver to the perimeter
requirement of the 5' landscape be requested of HPB.
2. Access through the parking to an office use to the north is proposed. Upon
completion of the proposed office building, a cross-access easement will be
required.
Engineering:
1. Provide drainage calculations. Minimum parking elevation is to be set at the three
year one day storm elevation.
2. Include copy of exfiltration test.
3. Delete overflow drainage pipe connection to Swinton Avenue.
4. There is existing water and sewer mains within the alley right-of-way. Please
confirm no conflicts with proposed drainage structures.
5. Indicate minimum 15' radius on entrance to NW 1st AvenUe.
6. Relocate proposed light poles within alley a minimum of 5' away from existing
water and sewer mains.
7. The existing fire hydrant is to be relocated as part Of this development. All cost
associated with the hydrant relocation are the responsibility of the developer.
Revise notes accordingly.
Fire Department:
1. Please indicate where the fire hydrant will be relocated.
P & Z Board Staff Report
Block 60 Redevelopment Parking Lot (Phase II) - Conditional Use
Page 6
Community_ Improvement (Landscaping):
1. There is a conflict between proposed landscaping and utilities along the
north/south sidewalk. Revise landscape plan accordingly.
2. As the farmer's market use will utilize this site, provisions should be made to
handle the garbage. Perhaps dumpster enclosures should be incorporated into
the plan.
Downtown Development Authority:
The development proposal is not within a geographical area requiring-review by the
DDA (Downtown Development Authority).
Histodc Preservation Board;
The Historic Preservation Board reviewed the proposed parking lot at its meeting of
June 5, 1996. The Board voted to recommend approval of this conditional use to the
Planning and Zoning Board.
Community Redevelopment Agency;
The CRA authorized development of the subject as a parking lot through the
submission and execution of the conditional use petition by its chairman. No
opposition from the agency is anticipated.
Neighborhood/Homeowners Association Notices:
Formal notice has been provided to the Old School Square Homeowners Association,
West Atlantic Properties Association, and Delray Merchants Association. Any letters
of objection will be presented at the Board's meeting.
I~:."' .......... __~'~'~ ~ ~''~i' ...,., ~ ~i : .....~ :.,. ......... ~ . ·
The development of a parking lot at the subject property may help facilitate additional
redevelopment in the area. Compatibility is not an issue with adjacent properties.
Additional parking is needed downtown for the existing office, government, and
recreational uses. Therefore, this development can be viewed as an enhancement to
the surrounding area.
P & Z Board Staff Report
Block 60 Redevelopment Parking Lot (Phase II) - Conditional Use
Page 7
A. Continue with direction and concurrence.
B. Recommend approval of the request for Conditional Use approval to establish a
"parking lot not associated with a use" based upon positive findings with respect to
Section 2.4.5(E)(5) (Compatibility), Chapter 3 (Performance Standards) of the
Land Development Regulations and the policies of the Comprehensive Plan
subject to conditions.
C. Recommend denial of the Conditional Use approval fOr the parking lot based upon
a failure to make positive findings with respect to Section 2.4.5(E)((5)
(Compatibility) and Chapter 3.
i~i~ .......... '"'"'~'-. ...... ':~ ,< ....... >:~,:~;~'~:~i;~?~~':'~''''~'~:~''~'~';: ........ '.:'~"~"' .... .~ ':~"~ '""'.~ "~ .... ~' -'-"-'". ~"'~ "~""~'~"' .;,,'.<~'.'..'.,'.~;~:~'~ '~'~:""~"'~,~ .......
Recommend approval of the request for Conditional Use approval for the CRA
Parking Lot based upon positive findings with respect to Chapter 3 (Performance
Standards) of the Land Development Regulations and the policies of the
Comprehensive Plan, and subject to the following conditions:
1. That the site and landscape plans be reviewed and approved by the Historic
Preservation Board.
2. That all technical items listed in this report be addressed during site plan review.
Attachments:
Location Map
Site Plan
N.W. , 2NO ST. N.E.. 2ND ST.
CITY
HALL
N.E. 1ST ST.
~. COMMUNITY
OLD
~ CENTER
SCHOOL
SQUARE
TENNIS ,
AT ANT C AVEN U
COMPLEX COUNTY
COURT
HOUSE
I .
S.W. IST ST, S.E. 1ST ST.
~ C.R.A. BLOCK 60 PARKING LOT
SiTE PLAN
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: '~ITY MANAGER
SUBJECT: AGENDA ITEM # q~' - REGULAR MEETING OF JULY 9, 1996
PALM ACTS CONTRACT REVISIONS
DATE: JUNE 28, 1996
At the time the agenda was completed, staff was continuing to work on this
item. Additional information will be provided as available.
ref: agmemo 13
£1TY OF ELAI:IY BEI:I£H
DELRAY BEACH
~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
AII-AmericaCity MEMORANDUM
TO: David T. Harden, City Manager
1993
FROM: ~ Robert A. Barcinski, Assistant City Manager
SUBJECT: Agenda Item #c],~_., City Commission Meeting July 9, 1996
Approval of Agreement for Hoop-It-Up
DATE: June 26, 1996
ACTION
City Commission is requested to approve an agreement with Hoop It Up Domestic LP and the Joint Venture
for Hoop-It-Up to be held October 12-13, 1996, to approve a temporary use permit for use of City rights-of-
way per LDR's, Section 2.4.6 (H), approve use of City logo for promotional materials, authorize City staff to
provide services to include security, set up and clean up, traffic control, barricade set up, road closure
permit processing, trash removal, filling of water barrels, coordination of volunteers and waive payment of
overtime costs except for night time secudty and referees.
BACKGROUND
Last year the City entered into an agreement with Hoop It Up Domestic LP and the Joint Venture for the first
Hoop-It-Up event. The event was held on October 14-15, 1996 and was quite successful. Last year 406
teams participated, of which 329 were paid for and 77 were team compensated for through donations.
Through this event $4,643 was raised for charities.
it was again proposed that $15.00 of each entry fee (= 94 total) will be distributed to charities, along with all
the proceeds from four ancillary events. It is estimated that we will increase the number of paid teams to
500 and raise approximately $8,250 for charities. I have attached a recap of the event revenues and
expenses from last year, as well as a proposed budget for this year's event. Last year the event sponsors
showed a loss of about $12,365. They estimate a net profit of $3,410 for this year's event.
I have attached a copy of the summary showing the City's expenses for last year. The $10,835 cost
estimate included regular time as well as overtime costs. Overtime costs for this event were approximately
$5,000.00
The terms of this year's agreement are similar to last years. Hoop It Up Domestic LP will pay for night time
security, additional message signs and barricades, if needed, and will this year pay for referees. They will
also arrange for a pdvate concessionaire, run the event overall, and obtain media sponsors. The Joint
Venture will assist in obtaining local sponsors, public relations, and communications. The City will provide
basically the location and staff support.
THE EFFORT ALWAYS MATTERS (~' ~ '
Printed on Recycled Paper
Agenda #
Page 2
RECOMMENDATION
Approve the proposed agreement with Hoop It Up Domestic LP, issue a temporary use permit, approve
use of the City logo for promotional materials, provide staff support as outlined and waive payment of
overtime costs except for night time secudty and costs for referees.
RAB:kwg
Attachment
File:u:graham/agenda
Doc.:Hoopitup.096
[IT¥ OF OELRI:I¥ BEflgH
....... W55 Writer's Direct Line: (407) 243-7091
DEIRAY BEACH
Ali.America City MEMORANDUM
'~J:''''' DA'I"~: June26. 1996
1993 TO: Robert A. Barcinski, Assistant City Manager
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Hoop-It-Up Agreement
Attached please find the Hoop-It-Up Agreement with the requested changes. Please review
this to make sure that I inserted the changes you had marked in the correct location.
Please call if you have any questions.
cc: David Tolces, Assistant City Attorney
Pnnted on Flecycled Paper
AGREEMENT
THIS AGREEMENT entered into this day of , 1996, by and
between the CITY OF BELRAY BEACH ("City"), a Florida municipal corporation,
DELRAY BEACH JOINT VENTURE, hereinafter referred to as ("Joint Venture") and
HOOP-IT-UP DOMESTIC L.P. (d/b/a STREETBALL PARTNERS INTERNATIONAL),
a Texas Limited Partnership, hereinai~er referred to as (" SPI").
WITNESSETH:
WHEREAS, SPI organizes and promotes 3-on-3 basketball tournaments, known as
"Hoop It Up", in municipalities, throughout the United States and Europe; and
WHEREAS, SPI desires to hold the "Hoop It Up" tournament in Delray Beach during
the City's 1996 Heritage Month Celebration, on the dates of October 12-13, 1996; and
WHEREAS, the City and the Joim Venture desire to assist in the promotion and
organization of "Hoop It Up" in order to provide a community wide athletic event in which all
individuals may participate as part of the City's Heritage Month Celebration.
NOW, THEREFORE, in consideration of the mutual covenants and undertakings set
forth herein, and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the City, the Joint Venture, and SPI do hereby agree as follows:
1. Subject to City's scheduling requirements as contained in the agreemems with
Palm Beach County and Palm Acts, Inc., the City will permit SPI and the Joint Venture to hold
the "Hoop It Up" basketball tournament ("Event") on October 12th and I3th, 1996 in the City
of Delray Beach, Florida.
2. The site of the evem will include the area on West Atlantic Avenue from S.W.
6th Avenue to Swinton Avenue, including the area along S.W. 1st Avenue and S.W. 2nd
Avenue south to Southwest 1st Street and the Courthouse parking lot. Access to the police
station shall remain open. SPI will be allowed to use portions of the Municipal Tennis Center
front parking lot and tennis center areas for event activities.
3. The City agrees to provide for the closure of the site to all vehicular traffic no
later than 12:00 p.m. on Friday October 11, 1996. The site will be closed to all vehicular
traffic until approximately 8:30 p.m. on October 13, 1996. On October 12th and 13th the
event hours shall be from 8:30 a.m. to 6:00 p.m..
4. The City and the Joint Venture shall provide the following:
a. Assistance in acquiring all necessary permits and approvals for the Event.
b. The City's Fire Department shall fill approximately sixty 55-gallon barrels
with water for use at the site.
c. The City will block the event site with barricades, and other traffic control
devices.
d. The City will provide parking locations and re-direction of traffic around the
site.
e. The City will provide police officers to patrol the site area during the hours
the event is taking place. During non-event hours, SPI may contract with the Police
Department for off-duty security at the prevailing off-duty detail hourly rate.
f. The City and the Joint Venture will assist in the distribution of event
information.
g. The City will provide 10 "basketball knowledgeable" individuals to serve as
supervisors and assist in providing approximately 12 - 14 referee's for the event
weekend. These individuals will work with SPI staff to provide game management.
SPI will pay the cost of all referees.
h. The City will provide SPI with a list of teams who may need assistance with
entry fees, who may be assisted by the corporate youth program.
i. The City will provide sufficient trash receptacles and shall provide clean up
and sanitation staff.
j. The City shall identify the charitable organizations which will receive the
monies raised by the event.
k. The City shall provide locations for concession booths to be run by
designated organizations who may use the booths to sell food and beverage for
fundraising purposes as approved by SPI.
1. The City will assist in identifying key individuals to control volunteer
recruitment and implementation of the volunteer plan.
m. The City agrees to provide a location in the Community Center on
October 10th for SPI to use as a temporary office.
5. SPI shall provide the following:
a. One 30 or 40 yard dumpster to be emptied each day by a licensed sanitation
company.
b. A donation of $15.00 per paid team and other assistance in exchange for
volunteers who assist with the event. SPI will also create a special event for the
designated charities to be run by SPI and that charity. Each special event will charge
$1.00 per participant, and the funds raised will belong to the organization holding the
event.
6. The Joint Venture shall provide the following:
a. Assist in communication between the City, SPI, and event sponsors.
b. Supply a small desk and telephone to be used by SPI staff or event
employees. The City of Delray Beach Chamber of Commerce would be the location
for "last minute" drop offlocation for entry forms.
c. Assist in identifying corporate youth program sponsors.
3
d. Assist in coordinating efforts and communication with local businesses
in the program area.
e. Assist in securing local sponsorship funding.
7. SPI shall provide the City with a properly executed insurance certificate
indicating that SPI has general liability insurance in an amount of $1,000,000.00, as well as a
participant accident policy, with the City of Delray Beach and the Delray Beach Joint Venture
named as an additional insured on both policies.
8. Approximately 30 days before the event, SPI shall consult with the City of
Dekay Beach Police Department regarding any City police officers which would be required.
9. All entertainment equipment necessary to produce the event shall be supplied by
SPI, and will be set up and removed by SPI.
10. SPI shall pay for the cost of referees needed, nighttime security and the cost to
rent any traffic control devices.
11. In consideration of the payment of $10.00, receipt of which is hereby
acknowledged, SPI agrees to indemnify, defend, release and hold harmless, the City of Delray
Beach, the Delray Beach Joint Venture, their representatives, agents, and employees, from any
claims, suits, causes of action or any claim whatsoever made arising from SPI's activities, or
from any claims for damages to property or injuries to persons which may be occasioned by
any activity carried on pursuant to this Agreement, including SPI's employees, agents and staff.
12. This Agreement, including attachments hereto, constitutes the entire Agreement
between the parties, and shall supersede and replace all prior agreements or understandings,
written or oral, relating to the matters set forth herein.
13. This Agreement may be amended or modified only by written addendum or
amendment signed by the parties and authorized by their respective elected official.
4
14. This Agreement shall be effective on the date executed by the City of Delray
Beach and shall remain in force until canceled by either party. Either party may cancel this
Agreement by providing written notice.
15. This Agreement shall be deemed to be made and shall be in accordance with the
laws of the State of Florida which will be controlling in any dispute that arises pursuant to this
Agreement.
16. All notice required or allowed by this Agreement shall be delivered in person or
mailed to the party at the following address:
City of Delray Beach: Robert A. Barcinski
Assistant City Manager
100 N.W. 1st Avenue
Delray Beach, FL 33444
SPI: Tom Purdie
Streetball Partners Int'l.
2705 Riverside Avenue, Suite 2
Jacksonville, FL 32205
Delray Beach Joint
Venture: Marjorie Fen'er
Downtown Coordinator
64 S.E, 5th Avenue
Delray Beach, FL 33483
IN WITNESS WHEREOF, the parties hereunto have executed this Agreement on the
date first above-written.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Jay Alperin, Mayor
Approved as to Form and
Legal Sufficiency:
City Attorney
WITNESS: DELRAY BEACH JOINT VENTURE
By:
(Print or Type Name) (Print or Type Name)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrumem was acknowledged before me this __ day of
, 1996 by , partner (or agent) on behalf of
· (name of partnership), a partnership. He/she is
personally known to me or has produced as
identification and did (did not) take an oath.
Signature of Notary Public -
State of Florida
HOOP-IT-UP DOMESTIC L.P.
a Texas Limited Partnership
By: USA1, INC.
a Delaware Corporation, its
WITNESS: General Partner
By:
Tom Purdie
(Print or Type Name)
6
(CORPORATE SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this __ day of
,1996, by (name of officer or agent, title of
officer or agent, of (name of corporation
acknowledging), a (state or place of incorporation), corporation, on
behalf of the corporation. He/She is personally known to me/or has produced
(type of identification) as identification and did (did not)
take an oath.
Signature of Notary Public -
State of Florida
Print, Type or Stamp Name of
Notary Public
hoopitl.~gt
7
Hoop-It-Up DelRay
October 14-15, 1995
Paid Teams 329 95
Entry Fee $88 Actual
Team Entry Fees 22,406.50
Local Sponsors 18,000.00
Food & Beverage 0.00
Ancillary 282.00
Total Revenue 40,688.50
Event Manager - Retainer 9,000.00
Event Manager - Commission 315.00
Event Manager 9,315.00
Event Operations & Logistics
Banners - Local Sponsors 0.00
Barricades 0.00
Bleachers 0.00
Electricity - Local Usage 0.00
Equipment Rental 0.00
Event Insurance 1,800.00
Food & Beverage - Volunteers 0.00
Hospitality - VIP Area 0.00
Ice 540.00
Novelties - Player Favors 3,733.76
Novelties - Volunteer Favors O.O0
Permits/Site Fees O.00
Portable Toilets 820.00
Radios 900.00
Road Crew 0.00
Security 1,611.45
Signage - Local Sponsors O.00
Tables & Chairs - Rental 660.80
Tents 0.00
Trash Containers & Removal 1,133.00
Trophies 1,080,00
Vehicles - Golf Carts 1,303.80
Vehicles - Interstate Transport 2,500.00
Vehicles - Rented Trucks 0.00
Water- Local Usage 0.00
Event Operations & Logistics 16,082.81
11 ~28/95
·
Hoop-It-Up DelRay
October 14-15, 1995
Paid Teams 329 95
Entry Fee $88 Actual
Marketing Expense
Ads - Design & Typeset 0.00
Ads - Purchased 0.00
Celebrities/Officials 0.00
Counter Cards 308.00
Entry Forms 6,061.61
Marketing Kits 100.00
Photography 24.96
Posters 234.37
Promotional Pieces 250.00
PSA Production - TV 169.90
Marketing Expense 7,148.84
Administrative Expense
Data Processing Service Fee 275.00
Office Supplies 0.00
Overnight Mail/Shipping 196.49
Postage - Mass Mailings 1,837.76
Photocopies/Misc Printing 27.06
Telephone 0.00
Temporary Labor 1,032.50
Travel & Entertaiment 2,625.55
Administrative Expense 5,994.36
Total Expense 38,541.01
P/L Before Charity 2,147.49
Charitable Contribution 4,282.00
11/28~95
Jacksonville Office
Page 1
1996-1997 Hoop-It-Up Budget
Delray Beach
Paid Teams 550
Entry Fee $94
1996-1997 Changes /
Bud,qet Comments
REVENUE
Team Entry Fees $51,700
Local Sponsors 10,000
Food & Beverage 0
Ancillary Events 0
Other 0
TOTAL REVENUE $61,700 $0
EXPENSE
Event Manager Expense
Event Manager- Retainer $0
Event Manager - Bonus & Commission 3,000
Total Event Manager Expense $3,000 $0
Event Operations & Logistics
Banners-Local Sponsors $0
Barricades 0
Bleachers 0
Electricity - Local Usage 0
Equipment Rental 0
Event Insurance~ 1,800
First Aid/HospitalityNIP 250
Food & Beverage Volunteers 0
Ice 1,200
Novelties - Player Favors2 4,125
Novelties - Volunteer Shirts (Shipping)2 35
Permits / Site Fees 750
Portable Toilets 950
Radios~ 900
Road Crew 250
Security 2,200
Signage (Stickers) - Local Sponsors 300
Tables & Chairs - Rental 900
Trash Containers & Removal 950
Trophies 990
Vehicles - Golf Carts 1,200
Vehicles - Interstate Transport2 5,000
Water- Local Usage 0
Allocations.
Based on paid teams
3 Normal costs per event. Should only be changed with T~rn's approval. 1/6/80
Jacksonville Office
Page 2
1996-1997 Hoop-It-Up Budget
Delray Beach
Paid Teams 550
Entry Fee $94
Total Event Operations & Logistics $21,800 $0
Marketing Expense
Ads - Design & Typeset3 200
Ads - Purchased 0
Celebrities / Officials 8,400
Counter Cards3 270
Entry Forms3 5,230
Marketing Kits~ 0
Photography~ 300
Posters3 320
Promotional Pieces / Sponsor Gifts~ 500
PSA Production - TV3 200
Total Marketing Expense $15,420 $0
Administrative Expense
Data Processing Fees 150
Office Supplies Fee3 200
Overnight Mail / Shipping3 150
Postage and Mass Mailing Expenses 4,436
Photocopies / Misc. Printing3 400
Telephone3 200
Temporary Labor 1,484
Travel & Entertainment 2,800
Total Administrative Expense $9,820 $0
TOTAL EXPENSE $50,040 $0
P/L BEFORE CHARITY $11,660 $0
CHARITABLE CONTRIBUTION $8,250
($15/team)
NET INCOME $3,410 $0
~ Allocations.
Based on paid teams
Normal costs per event. Should only be changed with T~-n's approval, 1/6/80
' LEGEND
[~ELRAY
~ HOOP SHOP H Holiday Inn
~ Fim~d ~ Abbey Road
~ Contessas V CBS FOX Vino
= ~ Spon~r Tents G Gatorade Sales
~ Inflatables ~ Miami Heat
~ Palm Beach Post Lo~ Dist~ce Launch
2 WQAM ~0 S~s Radio S~t Arou~ ~lmy
4 Fo~ 10~ Fr~ ~row C~Jle~e
S.W. 5th Avenue
S.W. 4th Avenue
S.W. 3rd Avenue
S.W. 1 st Avenue
Swint0n Avenue
Volunteer Assignments
Friday for Check-In: 8- 20 ( size of event)
Saturday and Sunday.-_
Volunteer Tent 4-
Water and ICeviP Tent 4-S (size of events) / 1-2 carts (size of ev,2_3
Scoreboard 6-10 (size of event)
AT&T Shootout 8 (in non AT&T track markets)
Air South 4
Free Throw 3
Shot in the Dark 3
9' and 10' Dunks* 3
~ E_xtr.a Events 3-4 per event_
~ .4-10 (size of event) + labor~f~-~
Prizes on Sunday* 6 ( 3 for 1st pace- 3 for 2nd place)
Regionnal Sponsor Requkements /~~
The following sponsors might'need help, but they hire their volunteers.
Jordan Experience 6
~--AT&T § (in b~&T track markets) _
* Event does not go on all day
** Most markets will need 50- 60 volunteers not including registration.
When adding Regional sponsors add volunteers.
Space and Materials for Special Events
In all Markets
Daily Double: Location: next to Hoop Shop
Space: 30 Ft trailer and 1/2 court
Equipment: 1 board on truck (extra)
9' Dunk: Location: Special Event Area
Space: large I/2 court
Equipment: bceakaway tim, 1 board, 1 10 xl0 tent, 1 table, 5 chairs
10' Dunk: Location: Center Court
Space: l/2 court
Equipment: Sound System, 1 table, 5 chairs
AT&T: Location: Special Event Area- near AT&T truck in those markets
Space: 1 full court + truck
Equipment: in non truck markets: 10x 10 tent, 1 board, possible
sound system, 1 table, 2 chairs.
AT&T truck: 20x20 tent, board, sound system on
truck + 6 tables, 3 chairs.
SWA/Air South: Location: Special Event Area (longest shot)
Space: 50' wide x 100' long
Equipment: for SWA: transframe, 1 board, 10 x 10 tent, 1 Table, 2
chairs
for Air South: 1 board, 1 table, 2 chairs.
Jordan Experience: Location: Close to main Gatorade sales tent and Special Event Area
Space:..1/2 court - after Miami full court
Equipment: 1 board, transframe, 10 xl0 tent, 20 x 40 tent atSer
Miami, t table, 3 chairs.
Baby Ruth'S: Location: Special Event A~ea
Space: 1/2 court
Equipment: 1 board, transframe, 10 x 10 tent, 1 table, 2 chairs.
Nike P.L.A.Y*: Location: Specail Event Area
Space: large 1/2 court + Hummer
Equipment: transframe, chalk Nike swoosh
Hot Shots*: Location: Close to Center Court and Special Event Area
Space: 60' wide x 80' long
Equipment: 3 boards, 10 x 10 tent, transframe, 1 table, 5 chairs.
Free Throw*: Location: Special Event Area
Space: 1/2 court
Equipment: 1 board, 10 x 10 tent for local sponsor if requested, 1
table, 2chairs
Shot in the Dark*: Location: Special Event Area Space: I/2 court
Equipment: I board, 10 x 10 tent for local sponsor if requested, 1
table, 2 chairs.
Created Events*: Location: Special Event Area
Space: 1/2 court
Equipment: 1 board, 10 x 10 tent for local sponsor if requested, I
table, 2 chairs.
These events might not be present in all markets.
DELRAY BEACH HIU 1996
WEDNESDAY-OCT. 9, 1996
5:30 PM PARK TRUCKS IN A TO BE DETERMINED LOCATION
DOWNTOWN
T and striPe all or partial
THURSDAY - OCT. 10, 1996
~oo~
.~q~A~- 5:30PM
/ UNLOAD TRUCKS ( TENNIS CENTER LOT)
SET-UP AND STAGE ALL EQUIPMENT POSSIBLE
THIS EXCLUDES TENTS AND TRANSFRAME, BUT
INCLUDES CLIPBOARDS/BALLS, ANY REPAIRS CAN
ALSO BE DONE AT THIS TIME.
5:30 PM AFTER SECURITY ARRIVES- TO HOTEL
7:30 PM -9:30 PM
T AND STRIPE COURTS (if not completed Wed.)
FRIDAY - OCT. 11, 1996
9:00 AM AT THE SITE
BUILD AND ATTACH BANNERS TO ALL
TRANSFRAME IN CENTER COURT AREA
STAGE TENTS/TOPS IN RESERVED AREA OF
CENTER COURT
ROLL UP TO STAGING AREA .... ALL TENTS
AND BARRELS STAGED ..... RUN SOUND
9:30 AM CHECK- IN STAFF TO
11:00 AM CHECK IN READY FOR BUSINESS
12:00 - 8:00 PM CHECK-IN ( AFTER, BRING ALL ITEMS TO SITE)
12:00 NOON
· STREETS CLOSED - ROLL OUT AND POSITION
RECEIVE DELIVERIES DURING THE DAY
GATORADE, GOLF CARTS, ICE TRUCK, DUMPSTER
PORTA-JOHNS, BARRICADES, BLEACHERS
4:00 PM Fire Dept. arrives
6:00 PM FINAL SET-UP
SATURDAY OCT. 12, 1996
6:00 AM ON-SITE
FINAL STAGE- ALL EQUIPMENT
7:30 AM CHARITY MANAGEMENT ARRIVES
SUPERVISORS/REFEREE' S
8:00 AM VOLUNTEERS/REFEREE'S
8:30 AM TRAINING
9:00 AM PLAY BEGINS
11:00 AM LUNCH DELIVERY TO ALL VOLS/REFS
12:00 PM THE DANCERS (HEAT/)
10' POWER SLAM
1:00 PM PLAY RESUMES
-~1:00 PM 9'FT DUNK
-3:30 PM SAME
~5:00 PM PLAY ENDS
STAGE AND SHUT DOWN
NIGHT SECURITY ARRIVES
6:00 PM LEAVE SITE
8:00 PM DINNER TBD
SUNDAY- OCT. 13, 1996
6:00 AM ON-SITE
7:00 AM - 8:00 ARRIVALS ETC.
9:00 AM PLAY STARTS
12:00 PM - 12:30 PM BREAK ~
12:00 PM 9 FT DUNK
12:30 PM PLAY RESUMES
-2:00 PM BEGIN PARTIAL BREAK DOWN
-4:00 PM BEGIN FULL BREAKDOWN
~8:30 PM LOCK DOORS
DINNER TBD
[ITY OF DELRIIY BEI:IgH
~ 100 N.W. 15t AVENUE. DELRAY BEACH, FLORIDA 33444- 407/243-7000
AIl-.~erica City MEMORANDUM
TO: David T. Harden, City Manager
1993
FROM: ,~'~obert A. Barcinski, Assistant City Manager
SUBJECT: Agenda Item # ~'t~)City Commission Meeting July 9, 1996
Special Event Approval - Back Room Labor Day Festival
DATE: ,June 27, 1996
ACTION
City Commission is requested to consider a request from the owners of the Back Room to hold a Labor Day
Blues Festival on Sunday, September 1, 1996 from 3:00 p.m. until 11:00 p.m., grant a temporary use permit
for street closure and use of City rights-of-way on Atlantic Avenue, between Swinton and 1st Avenue, per
LDR's, Section 2.4.6 (H), and to authorize staff support for traffic control and security.
BACKGROUND
Attached is a request from Carole Aronson, representing the Back Room, to hold a blues festival on
September 1, 1996 from 3:00 p.m. - 11:00 p.m., to waive the noise and alcoholic consumption ordinances,
and to provide staff support. We have checked on conflicts at this time. Staff would have no problem
approving this request with the following conditions:
1. Approval for waiver of the noise ordinance by obtaining from the Board of Adjustment.
2. A minimum of two Police Officers be employed from 1 hour before the event until 1 hour after the event
, and be paid at time and one half rate
3. All overtime costs and a rental fee for use of barricades be paid for by the Back Room (estimated total
cost for overtime and barricade rental is approximately $1100.)
RECOMMENDATION
Staff recommends consideration of approval of the request to hold a Blues Festival on September 1, 1996,
between 3:00 p.m. and 11:00 p.m., street closure, issuance of temporary use permit, and provide staff
support subject to the conditions outlined above.
RAB:kwg
Attachment
File:u:graharn/agenda
Doc,:Backroom.096
THE EFFORT ALWAYS MATTERS (~' D.
WEINER & MORICl, P.A.
ATTORNEYS AT LA W
The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
MICHAEL S, WEINER South Palm Beach County: (407) 265-2666
ALFRED G. MORICl No~h Palm Beach County: (407) 736-5888
CAROLE ARONSON Broward County: (305) 462-4935
Telecopier: (407) 272-6831
~ ~ DEL~RY
~y 6, 1996
Mr. Bob Barcinski
Assistant City Manager
The City of Delray Beach
100 N.W. 1 st Avenue
Delray Beach, FL 33444
Re: Labor Day Festival
Our File No.: YURJ(070)001
Dear Bob:
I am writing on behalf of my client, The Back Room, which requests permission to hold a festival on
Sunday, September 1, 1996.
This festival will take place from 3:00 p.m. through approximately 11:00 p.m. Admission will not be
charged. We are requesting that the noise ordinance and the alcoholic consumption ordinance be
waived for this event, and that Atlantic Avenue between Swinton Avenue and 1 st Avenue be closed
during this time.
We will require police assistance and we will require bamcade assistance. We will not require a stage.
The Back Room will provide insurance for this event. Please advise as to the insurance required.
If there is any further information you would like, please do not hesitate to contact me.
Very truly yours,
CA/eh
cc: Michael S. Weiner, Esquire
Mr. John Yurt
MEMORD~DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM # ~ - MEETING OF JULY 9, 1996
REQUEST FOR CONTRIBUTION/SOUTH FLORIDA DYNAMICS, INC.
DATE: JULY 5, 1996
This is before the Commission to consider a request from South
Florida Dynamics, Inc. for a contribution to support their
participation in American Youth on Parade, an international level
competition to be held at the University of Notre Dame the week
of July 21, 1996.
These twirlers participate in the baton program sponsored by the
Delray Beach Recreation Department, and practice at the City's
Community Center.
Funding can be provided from the Miscellaneous Expenditures -
Non-Operating Contingency Fund (Account No. 001-6111-519-99.02),
which has a current balance of $1,355.00. A contribution was
made in 1994.
Recommend Commission discretion.
The South Florida Dynamics need your help. We are a baton
twirling group based in Delray Beach. Our corp consists of girls
ranging in age from 5 to 2 I, from the surrounding communities of
Boca Raton, Boynton Beach, Lake Worth, West Palm Beach,
Wellin~on, and of course Delray Beach. We not only hold State
Champion status as a group but hold many individual titles as well.
These outstanding champions are heading to the University
of Notre Dame for a national competition sponsored by the
American Youth on Parade (AYOP), the week of July 21, 1996.
As you can imagine, there are many expenses involved with this
undertaking. We are not only sending 20 of our 40 members to this
wonderful experience but will need to ship many,,,~'r,~u~ .... props as
well. Although, we qualify to participate in this competition year
after year, we only undertake the trip to South Bend eveN other
year due to the eno~ous expenses involved.
In the past the City of Delray Beach has been very generous
with a donation to our group. We are once again asking for a
,~,,,[,,ou,,,, our ongoing campaign to offset some of the many
expenses parents incur.
On behalf of the South Florida Dynamics, 1 thank you in
advance for any contribution you could once again make. We
promise to do Our best to represent our communities in this
prestigious event.
Sincerely,
Terry Manganeiio
9785 Majestic Way
(Copy of Resolution No. 40-94 is on file in the official
Resolution Book)
Dr. Alperin moved for the adoption of Resolution No. 40-94,
seconded by Mrs. Smith. Upon roll call the Commission voted as
follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr.
Alperin - Yes. Said motion passed with a 4 to 0 vote.
9.D. SERVICE AUTHORIZATION NO. ii/GEE & JENSON: Consider
approval of items A, B and C of Service Authorization No. 11 in an
amount not to exceed $7,550.00 to the contract with Gee & Jenson to
provide further recommendations on hurricane protection for City Hall;
with funding from General Construction Fund - Buildings (Account No.
334-6111-519- 62.10).
Mr. Randolph moved approval of Service Authorization No. 11
with Gee & Jenson in the amount not to exceed $7,550.00, seconded by
Dr. Alperino Upon roll call the Commission voted as follows: Mayor
Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes.
Said motion passed with a 4 to 0 vote.
9.E. REQUEST FOR CONTRIBUTION/SOUT~ FLORIDA DYNAMICS, INC.:
Consider a request from South Florida Dynamics, Inc. for a
contribution in the amount of $1,000.00 to support their participation
in America's Youth on Parade, an international level competition to be
held at the University of Notre Dame in July, 1994; with funding
through budget transfer from Contingency (Account No.
001-6111-519-99.02) to Other Grants & Aid (Account No.
001-6311-572-83.01).
Mr. Randolph moved approval of the request from South
Florida Dynamics, Inc. for a contribution in the amount of $1,000o00,
seconded by Mrs. Smith. Upon roll call the Commission voted as
follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes;
Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote.
9.F. INITIATION OF COMPREHENSIVE PLAN AMENDMENT 94-2: Formally
initiate Amendment 94-2 to the City's Comprehensive Plan.
John Walker, Project Coordinator, reported that at its
meeting of May 16, 1994, the Planning and Zoning Board unanimously
recommended that the Commission initiate Plan Amendment 94-2 as
outlined in the Staff Report.
Mrs. Smith moved for the initiation of Comprehensive Plan
Amendment 94-2, seconded by Mr. Randolph. Upon roll call the
Commission voted as follows: Dr. Alperin - Yes; Mr. Randolph - Yes;
Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 4 to 0
vote.
9.G. WAIVER OF LAND DEVELOPMENT REGULATIONS/BOAT LIFT AT 929 FERN
DRIVE: Consider a request for waiver of LDR Section 7.9.11(A)
governing the boat lift at 929 Fern Drive, based upon findings in
accordance with LDR Section 2.4.7(B) (5) o
-9- 5/17/94
CITY DF LRitY BEACH
Writer's Direct Line: (407) 243-7091
DEIRAY BEACH
~ MEMORANDUM
Ali.America City
,~j,~,,gl[ DATE: June27, 1996
1993
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: ABC Carpet
The purpose of this memorandum is to authorize our office to correct the name on the
agreement to reflect the current corporate name as reinstated with the Secretary of State.
The attorney for ABC has sent documentation indicating that they have reinstated their
corporate status under the name the ABC Outlet, Inc. with the same document number
and officers, as it previously had under its former name, ABC Carpet Company of
Florida.
Florida Statutes provide that following an administrative dissolution, the corporation
may file for reinstatement and may amend the name of the reinstated corporation. A
reinstated corporation can pursue a cause of action accruing after dissolution and before
reinstatement. Le Lac Property_ Owners Association. Inc. v. Routh, 493 So.2d 1131
(1986). Therefore, the City is still resPonsible for its obligations under the contract.
The name change request is ministerial in nature.
By copy of this memorandum to David Harden, City Manager, our office requests that
this authorization to change the name on the agreement be placed on the regular agenda
96 for City Commission approval.
SAR:ci
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
abc5.sar
- [9969 ON X~/X£] ~O:ZT ~ 96/G~/90
I ce~ify the a~ached is a true and c:
filed on June 19, 1996, to A~icles .~cc~oraticn .~r ABC CARP~
COMPANY OF FLORIDA which char ;,~ 'z?-¢ :o THE ¢ -.C OUTLET, INC., a
Fiodda corporation, aS Shown by the
The document numar of this ccrpcrs;~.
~ [9969 ON XH/~,L] ~0:71I HI1/, 96/S?./g0
,"PPI SC, CZ&K, P. R, P. 5/6
Pursuant to the provizian.~ o/section g07.1~6, Flo~ J~:~:~:::, th ~ F~ profit co~ora~an ~dopea
· tfoll~lng an~l~ ofame~mt ~ i~ ~dcle~ of inca(:o~; :~,: ~:
FIleT: Am~mdmaatCa) adapu~d: (indicate am'cie nurr~-' : : :.~ ,~?..e.;~fc~:~,, ~ ar deleted)
A:ticle I - NAME
The name shall be modified as fol!o:::
- The name of the corporation shall b,e: ih ,_~c 3L~LET, 21:2.
SECOND; If an amendment pmvldes for an c~<k.(=.::, ':c!:aaificari~,. c: c~ccUadan of ~sucd
aha, p~o~ for ~plcmen~ng ~ ~endmcn: E ::,:: :a~an~d ia ~: :_acadmcnr i~elf, ~ ~
foUow~:
[9969 ON ~I/X,L] £0:~I alLL 96/~.~/§0
THIRD: 'Ptedateof'eachm'nen~t%~o@tion:_ ':~..c :7, ~ ,
~0~ ~p~on o~~t(~) (~ o~:. _.
~g ~up
~on ~d ~~ ~ ~ ~; r~'~'~.
~o~ ~on w~ not r~. ' '
Jerome Weinrib
[9969 ON
I ceni~ from the.:re~ds of.thik off-;-- at :BC. C.~.: ~ET COMPANY OF
FLORIDA is a Corpotati~ 0'rgani~zed utc ~ :,~e 'aws cf the State of Flodda, filed
on April 27, 1993.` ........ ". -
...:... ;~.-. .. .
, '..;' · .' · ..
The document, numbef:0f:{his co.rPb~atic~ s 9~_90030c~.. .. ..
, .. ' _ ~= .. · ~_ ' ~'...
I fu~he;'ce~i'~y'that s~d. C~,porat.i0n has ~ ~: zl's ss an: c s ~aJ~ies :dUe ~his office
through Dece~ber.31;:~'996, that .its --:: re:snt'annu~ re p'o~ ; Was .' fi led on
..... :{.:;:.: .:.' .... :.:
· ;:: .~'.' .. .
~.;.. .... :... .'.
"
8/9 ' d . ~.
'?;5'~ppL. lCATiON ~ FLORIDA DEPARTMENT C? ?:', TF_~
Boca ~con, Flo=~a 33~87
730Z~. Federal H~h--av
Boca ~o~, Florida
~33487 USA I
J:Ch~.j Jerome Weinrlb 888 Broal-
[~7-] Sole D~Tector
V.P. J P. Scott Eay~ 7301 N- /:d~=al ~igh~ay Boca ~ton, Florida 33487
Jerome Wetnrib '' -
19636 Oa~r0ok'Ci~cle 7301 N. Federal ~ighway
Boca ~=on, Florida 3343~
'~ac: Racon t~A87 ,
11, Does this corporation p~y any intangibl~ t~x to the
(212)473-
· [9969 O~ ~/~] ~O:~T ~ 96/~/90
I certify from the re~ords of this office thzt THE AFdC OUTLET, INC. is a
corporation organized under the !aw~ c~ ~he State
April 27, 1993.
The document number o1 this corPorati0~
I fu~her ce~i~ that ~id corporation has ~jc ~:li '~s an~ p~nalties due this office
~ through December 31, 1996, that its- most .'~csnt annua..repo~ was filed on ~June 19, 1996, and its status is a~ive.
I fu~her ce~i~ that said corporation has ~t '.~ A~icJes of Dissolution;
~at ~al of ~ ~;atr of~nn~a,
8/8'd
[lTV gF DELRI:IV BEA[H
DELRAY BEACH
~ !00 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
AII-A~ericaCity
TO: David T. Harden, City Manager
993 FROM: ~ Robed A. Barcinski, Assistant City Manager
SUBJECT: Agenda Item #~'City Commission Meeting, July 9, 1996
Bid Award - Replacement Vehicles
DATE: June 27, 1996
ACTION
City Commission is requested to rescind P.O. #534866 to Champion Chevrolet, Inc. for $25,527 and
approve a bid award for a replacement vehicle per staff recommendation.
BACKGROUND
Vehicle replacements are requested on an annual basis for City vehicles due to age, mileage, repair
costs and/or a combination of the above. City Commission approved in FY 95 the purchase of a
replacement vehicle for #702, however, the vehicle was not delivered by the vendor. A
comparable vehicle is currently available on FY 96 Florida State Contract.
Vehicle # Department Yr./Make/Model Mileage
702 Parks 85~Dodge~350 Crew Cab 44,437
RECOMMENDATION
Staff recommends bid award as follows:
State Contract Unit Ext.
Number Year/Vehicle Qty. Vendor Cost Cost
070-600-020 1996 Chev/C3500 1 Maroone Chevrolet $22,4 ! 3 $22,413
Crew Cab 4 x 2
Funding to be provided as follows:
Fleet Maintenance Account #501-3312-591-64.20 TOTAL @ $22,413
HO/sdl
REF: HO/062796a.mee
~ ~'~,~,~,d o,~ ~,~,~,~,~ ~, THE EFFORT ALWAYS MATTERS (~. ~-"~.
MEMORANDUM
TO: Robert Barcinski, Assistant City Manager
FROM: Hoyt Owens, Deputy Director of Public Work~
DATE: June 27, 1996 ,,-
SUBJECT: REPLACEMENT FOR VEHICLE #702
FY 95 ROLL-OVER FUNDING
After reviewing replacement vehicle documents and current financial encumbrance
balances, we discovered that Purchase Order #534866, issued to Champion Chevrolet,
Inc. (Tallahassee, FL), was still outstanding. The vendor cannot or will not honor their
3/8/95 purchase order confirmation.
Subsequently, we pursued the availability of a comparable vehicle under the current
Florida State contract. One vehicle is available at Maroone Chevrolet.
Public Works Department recommendation is as follows:
A. Cancel P.O. #534866 to Champion Chevrolet, Inc. for $25,527.
B. Funding will roll-back to Capital Outlay-Machinery & Equipment account as an
enhancement to current balance.
C. Request City Commission approval to purchase replacement vehicle from
Maroone Chevrolet, Inc. at $22,413.
This process will allow Parks Department to receive their replacement vehicle for #702.
The City will realize a cost avoidance on this purchase of ($25,527 ~ $22,413) $3,114.
If you have any questions, please call.
HO/sdl
Attachments
REF: HO/062796D.MEM
MEMORANDUM
TO: Hoyt Owens, Deputy Director of Public Works ~//
FROM: Richard Sandell, Fleet Maintenance Superin~
DATE: June 27, 1996 '""
SUBJECT: REPLACEMENT FOR VEHICLE//702 - FY 1995
Champion Chevrolet advised us that their order for our vehicle, Purchase Order #534866,
dated 2/28/95, was not built by Chevrolet.
I have reviewed the vehicles available under the current Florida State contract which
was awarded to Maroone Chevrolet. Chevrolet Motor Division is not accepting new
orders, but Maroone has a "canceled" order that meets our specs.
State Contract Number Description Cost
070-600-020 Chevrolet 1 Ton Crew Cab Pickup $19,297.00
OPTION 2005 HD Towing $ 47.00
OPTION 5001 Air Conditioning $ 656.00
OPTION 5006 Rain Shields $ 51.00
OPTION 8013 Dual Rear Wheels $ 1,077.00
OPTION 9905 Extended Warranty 6/100 $ 1,285.00
STANDARD EQUIPMENT PACKAGE INCLUDED N/C
TOTAL @ $22,413.00
c: Dan Pattavina, Fleet Supervisor
File
sdl/RS
REF: HO/062796B.MEM
Agenda Item No. :
AGENDA REQUEST
Date:
Request ~o be placed on:
Regular Agenda Special Agenda Workshop Agenda
Oescriptzon~ of.age~nda item (who, wha,~whe~, h~w much):
O~I~CE/ ~SOLUTION ~QUI~D: YES~ Draft Attached: YES~
Recommendation:
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds): ~ NO~~
Funding available:
Funding alternatives: (if applicable)
Account NO.-& Description:
Account Balance: $ 2~Z~
City Manager Review:
Approved for agenda: O
Hold Until:
Agenda Coordinator Review:
Received:
Ac t ion: Approved/Di sapproved
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MJ~IAGER
CONT OT ADDITION /C.O. #21/GOLDEN EACLE ENGINEERING
CONTRACTORS
DATE: JULY 5, 1996
This is before the Commission to consider a contract addition
C.O. #2) to Golden Eagle Engineering Contractors, Inc. in the
amount of $53,392 and 14 additional calendar days for the East
Atlantic Avenue force main addition. The installation of this
new main will provide the City with alternate means of sewage
discharge from the barrier island across the Intracoastal
Waterway.
The main is proposed at this time due to on-going construction at
East Road and Atlantic Avenue. Funding is available from East
Atlantic Avenue Beautification (Account No. 442-5178-536-61.36).
The new completion date for the East Atlantic Avenue project,
including rain days, will be the end of November.
Recommend approval of the contract addition and an additional 14
calendar days to Golden Eagle Engineering Contractors, Inc.
Agenda Item No. ~ ~
'~ AGENDA R~OUEST
Date: June 27, 1996
Request to be placed on:
X Regular Agenda
__ Special Agenda
__ Workshop Agenda When: July 9, 1996
Description of item (who, what, where, how much): Contract Additions to
Golden Eaqle Enqineerinq Contractors on the East Atlantic Avenue
Beautification Project (93-68); and to Marandola Construction Incorporated on
the East Road Project (95-20).
The scope of work includes the abandonment of the existinq 14" force main
presently aliqned via Venetian/Atlantic/Seabreeze and Lowery. A new main
would be installed per these Contract Additions and would aliqn the force main
via Venetian/Atlantic/East Road and Lowery with a stub out west on Atlantic to
the Intracoastal Waterway. The 16" C-900 PVC force main stub out to the
Intracoastal will eventually be connected to an existinq abandoned ~ain under
the Intracoastal at Atlantic Avenue which was previously utilized as an ocean
outfall main.
The installation of this new main will provide the City with alternate means
of sewaqe discharqe from the barrier island across the Intracoastal.
The mains are proposed at this. time due to existinq construction on-qoin~ a~
East Road and Atlantic Avenue. The request is made for a Contract Addition of
$53,392.00 and 14 additional calendar days to Golden Eaqle on the Atlantic
Avenue Project; and $77,420.00 and 14 calendar days to Marandola on East Road
Project.
ORDINANCE/RESOLUTION REQUIRED: YEs/No. /~ .,' DRAFT ATTACHED YES
Recommendation: Commission approval for Contract Additions to Golden Ea~le
Enqineerinq Contractors and Marandolg~-Qnstructions Inc
Department head signature: j~~:~, ~ ~ ~/~'>~/~'~' ~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (re~_~ired on all items involving expenditure of funds):
Funding available ~ YES_~NO
Funding alternativ~/~
~if ap~Dlicable)
Account No. & Descriptior_~~-../~%.~...~--~ '~(~ ./~/ .~/~-~7~
Account Balance ~ ~,~/?~ 6~ .... .'' ' ~_~£f~-
City Manager Review:
Approved for agenda: YES/NO ~~ 6/~£
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
Memorandum
To: David T. Harden, City Manager
From: Howard Wight, Dep Dir Construction Divi~
Date: June 27, 1996
Re: Contract Addition for auxiliary Intracoastal
sanitary force main crossing
Attached for Commission approval is an agenda request for
Contract Additions to Golden Eagle Engineering Contractors on the
East Atlantic Ave Beautification Project (93-68); and to
Marandola Construction Inc. on the East Road Project (95-20).
The scope of work includes the abandonment of the existing 14"
force main presently aligned via Venetian/Atlantic/Seabreeze and
Lowery. A new main would be installed per these Contract
Additions and would align the force main via Venetian/Atlantic
/East Road and Lowery with a stub out west on Atlantic to the
Intracoastal Waterway (see attached). The 16" C-900 PVC force
main'stub out to the Intracoastal will eventually be connected to
an existing abandoned main under the Intracoastal at AtlanSic
Avenue which was previously utilized as an ocean outfall main.
The installation of this new main will provide the City with
alternate means of sewage discharge from the barrier island
across the Intracoastal. Presently the only Intracoastal
crossing is at Lowery St. If the Lowery main were to break there
would be no other means to discharge sewage flow from the island.
The mains are proposed at this time due to existing construction
on-going at East Road and Atlantic Ave. The request is made for
a Contract Addition (C.O %2) of $53,392.00 and 14 additional
calendar days to Golden Eagle on the Atlantic Ave Project; and a
Contract Addition (C.O. %1) of $77,420.00 and 14 calendar days to
Marandola on the East Road Project.
The fourteen calendar days added to Golden Eagle makes their
adjusted Contract completion dates for Atlantic Avenue to October
6, 1996 for Substantial and November 6, 1996 for Final.
Accumulated rain days encountered during the construction period
will'have to be added to these dates. Realistically, allowing
for these rain days will push the Substantial Completion date
back to the latter part of November and Final Completion to the
middle of December.
Funding is available from Acct. No. 442-5178-536-61.36
(Intracoastal Crossings)
CC: Dan Beatty, City Engineer
William H. Greenwood, Director of Environmental Services
Dick Hasko, Assr City Engineer
9520D
9368D
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE ORDER #2 PROJECT NO. 93-68 DATE:
PROJECT TITLE: East Atlantic Avenue Beautification
TO CONTRACTOR: Golden Eagle Engineering Contractors, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND
SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY,
SUBJECT TO ALL CONTRACT STIPULATIONS A_ND COVENANTS.
JUSTIFICATION:
Contract Addition to construct 14"/16" force main per attached proposal
dated June 13, 1996.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $1,791,563.65
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 64,020.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $1,855,583.65
COST OF CONSTRUCTION CHANGES THIS ORDER $ 53,392.00
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $1,908,975.65
PER CENT INCREASE THIS CHANGE ORDER 3.0%
TOTAL PER CENT INCREASE TO DATE 6.5%
Addltlonal 14 calendar days are added by this change order.
Adjusted completion dates are:
Substantial: October 6, 1996
Final: November 6, 1996
CERTIFIED STATEMENT: I hereby certify that the supporting cost data
included is, in my considered opinion, accurate.
GOLDEN EAGLE ENGINEERING CONTRACTORS, INC.
(Sign & Seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND: By
William H. Greenwood, Director Thomas E. Lynch, Mayor
of Environmental Services
ATTEST:
APPROVED: By:
City Attorney City Clerk
ENGR. CONTR. INC, ~__
City of Delray Beach
434 S. Swinton Avenue
Delray Beach, Florida 33444
Attn: Mr. Howard Wight
Consrtuction Mgr.
RE: City of Delray Beach Project/East Atlantic Avenue Beautification
Item: Forcemain Addition @ East Road
Gentlemen:
With respect to the above captioned project and item and per sheets C16, and
C17, the following details our breakdown of costs for the addition of this new work:
1) 14" Forcemain Connection 1 Ea @ $ 6,545.00 = $ 6,545.00
2) 14" Plug Valve 1 Ea @ ~ 4,255.00 = $ 4,235.00
3) 14" MJ Bends 2 Ea @ $ 1,457.50 = $ 2,915.00
4) 14" PVC Pipe, C905, C1 235 150 LF @ $ 79.50 = $ 11,925.00
5) 16" PVC Pipe, C905, C1 235 170 LF @ $ 83.50 = $ 14,195.00
6) 16" MJ Solid Cap 1 Ea @ $ 627.00 = $ 627.00
7) 16" MJ Bends 2 Ea @ ~ 1,540.00 = $ 3,080.00
8) Plug Exstg 14" Forcemain 1 LS @ $ 3,750.00 = $ 3,750.00
9) Rem. Old 14" Forcemain 240 LF @ $ 25.50 = $ ~,120.00
10) Total Value This Work: = $ ~3,392.00 .....
These costs are based on the sheets stated above, the City of Delray Beach is to
secure and make safe the existing 14" forcemain in order to us to main the connection
at station 9+80. The City if to provide containment or a pumper vehicle (if required)
for sewage discharged from the existing forcemain while the forcemain connection is
being made. The City shall also secure and make safe the existing 14" forcemain at
Seabreeze Avenue in order for us to be able to cut and plug as indicated and in order
to initiate pipe removal.
Since the design plan for this work does not provide a depth profile of the
proposed PVC forcemains, we have assumed that the depth will not be greater than 52"
from finished grade, if the excavation is greater than five feet or bedding material
is r~uired our unit price for installation of pipe will be increased accordingly.
Field modifications or conflicts encountered shall be considered as extra work,
additional costs and/or additional time shall be computed, as needed.
We estimate the additional time needed to cover this extra work, inclusive of
scheduling and acquisition of materials and mobilization to areas will take approx.
~0., working days.
We hope that this detailed proposal is satisfactory for your purposes.
~. ~alliga~, p~ent
HC/hs
CC: Records/Sil/File/Acctg/Contract Time
1302 NORTHM/EST 331~O STREET - POMPANO BEACH, FLORIDA 33064
(305) 972-65c;6 -- FAX (305) 974-3982
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITYMANAGER
SUBJECT: AGENDA ITEM # ~ - MEETING OF JULY 9, 1996
CONTRACT ADDITION (C.O. NO. 1)/MARANDOLA CONSTRUCTION,
INC.
DATE: JULY 5, 1996
This is before the Commission to consider a contract addition
(C.O. No. 1) to Marandola Construction, Inc. in the amount of
$77,420 and 14 additional calendar days for the East Road force
main addition. The installation of this new main will provide
the City with alternate means of sewage discharge from the
barrier island across the Intracoastal Waterway.
The main is proposed at this time due to on-going construction at
East Road and Atlantic Avenue. Funding is available from East
Road Utility Improvements (Account No. 448-5411-538-62.36)
through budget transfer from Intracoastal Crossings (Account No.
442-5178-536-61.36).
Recommend approval of the contract addition and an additional 14
calendar days to Marandola Construction, Inc.
TO: DATE:
FROM:
SUBJ:
Agenda Item No. ~ ~
AGENDA REQUEST
Date: June 27, 1996
Request to be placed on:
X Regular Agenda
__ Special Agenda
__ Workshop Agenda When: July 9, 1996
Description of item (who, what, where, how much): Contract Additions tO
Golden E~qle Enqineerinq Contractors on the East Atlantic Avenue
Beag~ifi~tion Project (93-68): and to Marandola Cgnstruction Incorporated Qn
the East Road Project (95-20).
Th~ ~CODe of work includes the abandonment Qf the existing 14" force m~in
presently aligned via Venetian/Atlantic/Seabreeze and Lowerv. A new main
would be installed per these Contract AdOitions and would align the force m~in
via venetian/Atlantic/East Road ~nd LQwery with a stub out west on Atlantic to
~he Intracoastal Waterway, The 16" C-900 PVC for¢~ main stub out to the
Intracoastal will eventually be ¢onneeted to an existing abandoned main under
the Intr~oast~l at Atlantic Avenue which was Dreviogsly utilized as an ocean
outfall main.
The installation of this new main will provi~ the City with alternate means
of sewage discharge from the barrier island across the Intraqo~stal,
The mains are proposed at this time due tO existing construction on-goinG a~
East Road and A$1antic Avenue, The reouest is made for a Contract Addition of
$53.392.00 and 14 additional galen~r d~ys to Golden Eagle on the Atlantic
Avenue Project; and $77,420.00 and 14 calend~r days to Marandola on East Road
Project.
ORDINANCE/RESOLUTION REQUIRED: YEs/No DRAFT ATTACHED YES
Recommendation: Commission aDDroval for Contract Additions to Golden Eagle
Engineering Contractors and Marandola_Gonstructions Inc.
Department head signature: ..~~_,~__~~ ~/~/~ ~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (re_~q~ired on all items involving expenditure of funds):
Funding available ( YES. NO
Funding alternatives~/~
Account NO. & Descriptior_~/-~~~:~._~.Z
Account Balance ~ ~/~D~,
City Manager Review:
Approved for agenda: YES/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
Memorandum
To: David T. Harden, City Manager
From: Howard Wight, Dep Dir Construction Divi~
Date: June 27, 1996
Re: Contract Addition for auxiliary Intracoastal
sanitary force main crossing
Attached for Commission approval is an agenda request for
Contract Additions to Golden Eagle Engineering Contractors on the
East Atlantic Ave Beautification Project (93-68); and to
Marandola Construction Inc. on the East Road Project (95-20).
The scope of work includes the abandonment of the existing 14"
force main presently aligned via Venetian/Atlantic/Seabreeze and
Lowery. A new main would be installed per these Contract
Additions and would align the force main via Venetian/Atlantic
/East Road and Lowery with a stub out west on Atlantic to the
Intracoastal Waterway (see attached). The 16" C-900 PVC force
main'stub out to the Intracoastal will eventually be connected to
an existing abandoned main under the Intracoastal at Atlantic
Avenue which was previously utilized as an ocean outfall main.
The installation of this new main will provide the City with
alternate means of sewage discharge from the barrier island
across the Intracoastal. Presently the only Intracoastal
crossing is at Lowery St. If the Lowery main were to break there
would be no other means to discharge sewage flow from the island.
The mains are proposed at this time due to existing construction
on-going at East Road and Atlantic Ave. The request is made for
a Contract Addition (C.O #2) of $53,392.00 and 14 additional
calendar days to Golden Eagle on the Atlantic Ave Project; and a
Contract Addition (C.O. #1) of $77,420.00 and 14 calendar days to
Marandola on the East Road Project.
The fourteen calendar days added to Golden Eagle makes their
adjusted Contract completion dates for Atlantic Avenue to October
6, 1996 for Substantial and November 6, 1996 for Final.
Accumulated rain days encountered during the construction period
will'have to be added to these dates. Realistically, allowing
for these rain days will push the Substantial Completion date
back to the latter part of November and Final Completion to the
middle of December.
Funding is available from Acct. No. 442-5178-536-61.36
(Intracoastal Crossings)
CC: Dan Beatty, City Engineer
William H. Greenwood, Director of Environmental Services
Dick Hasko, Assr City Engineer
9520D
9368D
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE ORDER #1 PROJECT NO. 95-20 DATE:
PROJECT TITLE: East Road Utility Improvements
TO CONTRACTOR: Marandola Construction, Incorporated
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND
SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY,
SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS.
JUSTIFICATION:
Contract Addition to construct new 16" force main per attached proposal
#3630 dated June 24, 1996.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $ 93,375.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 93,375.00
COST OF CONSTRUCTION CHANGES THIS ORDER $ 77,420.00
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $170,795.00
PER CENT INCREASE THIS CHANGE ORDER 82.9%
TOTAL PER CENT INCREASE TO DATE 82.9%
Additional 14 calendar days to contract
New Completion dates are:
Substantial: October 1, 1996
Final: October 16, 1996
CERTIFIED STATEMENT: I hereby certify that the supporting cost data
included is, in my considered opinion, accurate.
MARANDOLA CONSTRUCTION, INCORPORATED
(Sign & Seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND: BZ
William H. Greenwood, Director Thomas E. Lynch, Mayor
of Environmental Services
ATTEST:
APPROVED: By:
City Attorney City Clerk
MARANDOLA CONSTRUCTION,INC. PROPOSAL
5850 Orange Drive, Suite B 3630
Davie, Florida 33314
(954)327-9933
TO:' CITY OF DELRAY BEACH DATE: JUNE 24, 1996
434 $. SWINTON AVENUE
DELRAY BEACH, FL 33444 ATTN: R.HOWARD WIGHT,
CONST. MANAGER
RE: EAST ROAD FORCEMAIN
FURNISH:
16" PVC FORCEMAIN 720 LF @ $61.00/LF $43,920.00
16" PLUG VALVES 3 @ $2,900.00/EA 8,700.00
14" PLUG VALVES 1 @ $2,500.00/EA 2,500.00
16" MISC. FITTINGS 20 @ $250.00/EA 5,000.00
ASPHALT AND ROCK 7,800.00
TOTAL $67,920.00
*NOTE-IF YOU WOULD LIKE THE 16" LINE STOP INSTALLED THE COST
WILL BE-
$9,500.00
Submitted By: o~ ~~
Franco Marandola, President
'VENETIAN DR.
BRONSON AVE
ANDREWS
[ITY OF DELRRY BERgH
CITY ATTORNEY'S OFFICE
FA C S ~ M i I E ~ 07 ;27 ~ ~ 7.~ 5 W~Ws D~e~ L~e: (~7) 243-7091
DELRAY BEACH
lll.lmedca City MEMO~ND~
1993 TO: City Co~ssion
F~OM: Susan ~uby, City
SUBJECT: Settlement Agreement in Keiser v. City
On June 18, 1996 the Commission voted to deny the proposed settlement between the City
and the Plaintiff, Gloria Keiser, in the Circuit Court case of Keiser v. City of Delray Beach,
which was a result of a mediation held on June 3, 1996.
The settlement agreement failed to contain the language that it was subject to approval by
the City Commission of Delray Beach.
The Plaintiff, upon hearing that the City Commission had voted to deny the settlement
agreement, filed a motion to compel settlement on June 19, 1996. This motion was argued
and heard by the Court on June 27, 1996. The Court granted the Plaintiffs motion to
compel settlement in the amount of $5000.00.
The purpose of this memorandum is to determine whether the City desires to appeal the
order to compel settlement. If the appeal is successful the case will be remanded for trial.
If the appeal is unsuccessful we will be required to pay attorney's fees, costs and interest in
addition to the $5000.00 settlement amount.
By copy of this memorandum to David Harden, City Manager, our Office is requesting that
this item be placed on the July 9, 1996 City Commission agenda for consideration of
whether an appeal should be filed.
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
k¢ism~Lcora
(~ Prmted on Recycled Paper
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM % ~ - REGULAR MEETING OF JULY 9~ I996
APPOINTMENT TO THE POMPEY PARK ADVISORY COMMISTEE
DATE: JUNE 26, 1996
Due to the automatic resignation of Albert Mickens, there is a vacancy on
the Pompey Park Advisory Committee for an unexpired term ending September
13, 1997. It is for a person in the 13 to 19 years age group.
An application has been received from Kareem "Corey" Thompson. If
acceptable, the appointment will be made by Commissioner Egan (Seat #2).
Recommend appointment of a member (13 to 19 years age group) to the Pompey
Park Advisory Committee to fill an unexpired term ending September 13,
1997.
ref: agmemo4
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM ~ ~ L - REGLTAR MEETING OF JULY 9, 1996
APPOINTMENTS TO THE EDUCATION BOARD
DATE: JUNE 26, 1996
The terms for Rebecca Jennings, Denise May and Kathy Shabotynskyj will
expire on July 31, 1996. Mrs. Jennings was appointed to fill an unexpired
term in Feb~3ary, 1996. Mrs. May was appointed to a full, regular term in
July, 1994. They are both eligible and would like to be considered for
reappointment. Due to business constraints, Mrs. Sbahotynskyj does not
wish to be considered for reappointment. The term is for two (2) years,
beginning August 1, 1996, and ending July 31, 1998. The attendance record
is included with the application notebook.
In addition, Sacasha Brown's term ends on July 31, 1996. Miss Brown is a
student member (one year term). She is not eligible for reappointment.
The second student member position (two year term) is also vacant. Only
one application has been received for student member, from Miss Ayessa
Fusilero (attached). If acceptable, the appointing Commissioner has the
discretion to appoint for either the one or two year term. Student members
may not serve more than one full term.
Members of the Education Board must either be residents of the city, or
have a child attending Delray Beach public schools, or own property and/or
own or operate a business within the city. It is the intent, whenever
possible, t_hat the membership include persons with a background in
business, real estate and/or education. The student members must either be
residents or attending Delray Beach public schools.
The following individuals have sutz~itted applications:
Claire Friedman
Ayessa Fusilero (for student member)
Rebecca Jennings (incumbent)
Denise May (incumbent)
H. Paul Sayrs
Marilyn Schneider
Sylvia Wolf
A check for code violations and/or municipal liens was conducted. None
were found.
The appointments for regular membership will be made by Commissioner
Ellingsworth (Seat #3), Commissioner Randolph (Seat #4), aD~ Mayor Alperin
(Seat #5). The student member appointment will be made by Commissioner
Kiselewski (Seat 91).
Recommend appointment of three regular members and one student member to
the Education Board.
ref: agmemo5
CITY OF DELKAY BEACH
~ BOARD MEMMER APPLICATION
HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE)
PRINCIPAL BUSINE.SS ADDRESS (Street, .City, Zip Code)
ON Wq!AT BOARDS ARE YOU INTERESTED IN SERVING ,,, ~/~
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
'd
LIST ~,5' RELATED PROFESSIONAL CERTIFICATIONS A~ND LICENSES WHICH YOU HOLD
o'~.v~YOUR PRESENT, OR MOST RECENT E~LOYER, ~ POSITION
DESCRIBE E~ ENCES, SKILLS OR ~O~EDGE ~ICH Q~IFY YOH TO SERVE ON THIS
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY~USE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
DATE
4/90
AYESSA FUSILERO
10750 EUREKA STREET
BOCA RATON, FLORIDA 33428
(407) 485-4230
EDUCATIONAL BACKGROUND:
A). High school student : completed ninth grade (1994--95) honors"
program at Spanish River Com. High School. At the end o~ the
(95-96) school term will have completed tenth grade the ~)re-IB
(International Baccalaureate) at Atlantic Com. High School,
graduating t(~ eleventh grade IB.
B). Grade poin~ average: 3.3
C). Honor point average: 3.4
D). Educ:ati~nal gc~als: Graduate Atlantic Com. High School with an
IB diploma. Obtain a scholarship ~or college. Major in
Psychology and minor in Philc)sophy. Graduate with a Ph.D in
P s y c: h o 1 og y.
CAREER GOALS: a~ter graduating obtain a number o~ years
experience as a psycholc)gist and later progress to private
practice. A-~terward work on a medical degree in psychiatry.
WORK E~'c--' '- "
,'~. E.F~.IENCE: employed .~or one year' at Sandal~oot McDo?~a!d s
((407) 483-9676) in Boca Raton. Plan t~) work towards a Crew
Trainer position this summer ("96).
E XTRA-..CLIRR I CULAR ACTIVITIES:'
i). In Student Governmen{::
a. Freshmar~ Class President
b. Sophomore Class Secretary
c. Jur'~ior' Class Representative <upcomir-,g 96-97 school term)
2). In Key Club
a. a member in both ~reshman and sophomore years
b. Key Club F'resident (upcoming 96-97 school term)
3) . Other:
a. a member o¥ the Ambassador"s Club at Spanish River
b. a member o~ the Unity Club at Atlantic
OTHER:
completed a total a 193 volunteer hours ~or such organ~.zations
as the City of Br~ca Raton City ,Parks, and Recreation; Diabetes
Reseat'ch Institute; and Boca Raton YMCA.
CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REGULAR MEETING - JULY 9, 1996 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE AGENDA IS AMENDED AS FOLLOWS:
R~ISE ITEM $.C. ON THE CONSENT AGENDA TO ~AD AS FOLLOws:
c. ACCEPTANCE OF 'COPS MORE' GRANT AND APPRQVAL QF MATCHING
FUNDS: Accept a grant from the U.S. Department of Justice
under the COPS MORE program in the amount of $87,225; and
approve matching funds in the amount of $29,200 for 19 laptop
computers and $6,805 for the City Watch system, from Prior
Year Surplus (Account No. 001-0000-301-10.00).
ADDITION OF 9.M. TO THE REGULAR AGENDA~
M. RESOLUTION NO. 55-96/ROOTS CULTURAL FESTIVAL: Consider a
resolution supporting the Roots Cultural Festival, Inc. in
their efforts to sponsor the 19th Annual "Roots Cultural
Festival", and the festival committee's related support
request list.
ADDITIONAL MATERIAL TO 10.B. OF THE PUBLIC HEARINGS:
B. CONSOLIDATED ACTION PLAN FOR AbLQCAT~QN QF COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS~ Approve the Consolidated
Action Plan for allocatiOn of COmmunity Development Block
Grant funds.
Date: July 3, 1996 Agenda Item No. ¢ fi/[
AGENDA REOUEST
Agenda request to be placed on:
X__ Regular ~ Special Workshop ~ Consem
When: July 9, 1996
Description of Agenda Item:
Resolution and Support Request for the 19th Annual Roots Cultural Festival
July 21, 1996 - August 11, 1996
Ordinan~equired: ~qo Draft Attached: Yes / No
Recommendation: Approval
Department Head Signature: ~
City_ Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding AvallableQ/No
Funding Alternatives: ._~. ,~ ' (~f ajlplicabl~)_
Account # & Descrint_ion:CO~-i ~l ~-"~{~. t.~. [O ~D/~.,Gtddg (-td~.
Account Balance: 21~Q_/5OD ~ ~-~,,?"
City_ Manager Review: ~.-_r-'xt~
Approved for agenda: ~No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved 1/17/96
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
RESOLUTION NO. 55-96:
DATE: JULY 5, 1996
This is before the Commission to consider approval of Resolution
No. 55-96 supporting the Roots Cultural Festival, Inc., in their
efforts to sponsor the 19th Annual "Roots Cultural Festival" from
July 21 through August 11, 1996. The festival committee has
submitted their calendar of events under the theme "100 Years of
Commitment to Spiritual and Educational Growth", along with a
summary of revenue and expenditures from the 1995 festival.
The committee is asking for a $2,000 donation from the City to be
used for operating expenses, stage use and waiver of rental fee,
permission for merchants along Atlantic Avenue to display the
"Roots" flag, a tent permit, and waiver of fees for the use of
Pompey Park and other City facilities. Also requested is a 50
percent waiver of Police overtime for festival security, together
with a waiver of all non-Police overtime for staff necessary to
assist with the various activities.
Funding in the amount of $2,000 is budgeted in City Commission
Special Events (Account No. 001-1111-511-48.10). The other
requests can be approved administratively, except for the waiver
of overtime.
Recommend approval of Resolution No. 55-96 and consideration of
the related support requests for the 19th Annual "Roots Cultural
Festival"
Memorandum
DATE: July 3, 1996
TO: David T. Harden - City Manager
FROM: Lula Butler- Director, Comm Improvement
RE: Resolution and Support Reauest for the
19th Annual Roots Cultural Festival
ITEM BEFORE THE COMMISSION:
Consider approval of Resolution No. 55-96 and support requests for the Roots
Cultural Festival, Inc., in their efforts to sponsor the 19th Annual Roots Cultural
Festival in the City of Delray Beach from July 21, 1996 through August 11, 1996.
BACKGROUND:
The Festival committee has submitted, for your reference, their calendar of
events under the theme, "100 Years of Commitment to Spiritual and Educational
Growth, "along with the unaudited statement of Revenue and Expenditure
Report for the 1995 festival. The festival generated $28,221 in revenues and
ended with a negative balance of $2,445 ($1,500 of which are owed to the City
for security services).
The committee is asking for a $2,000 donation from the City to be used for
operating expenses, stage use, waiver of rental fee, permission for merchants
along Atlantic Avenue to display the "ROOTS" flag and waiver of fees for the use
of Pompey Park and other appropriate City facilities. Also requested is a 50%
waiver of Police overtime for festival security and the support of Police, Parks
and Recreation and other city staff, non-overtime hours, to support and carry out
various activities associated with the festival.
The Commission approved a $2,000 budget allocation for the Roots Festival
under its Benevolent and Charitable Contributions list at a regular meeting of
October 24, 1995.
RECOMMENDATION:
Staff is recommending City Commission approval of Resolution No. 55-96 and
consideration of the related support requests for the 19th Annual Roots Cultural
Festival.
LB:DQ
Roots. CM
RESOLUTION NO. 55-96
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, SUPPORTING THE ROOTS CULTURAL
FESTIVAL, INC., IN THEIR EFFORTS TO SPONSOR THE
NINETEENTH ANNUAL "ROOTS CULTURAL FESTIVAL" IN THE CITY
OF DELRAY BEACH, FLORIDA.
WqqEREAS, the Roots Cultural Festival, Inc., is sponsoring the
nineteenth annual "Roots Cultural Festival" on July 21 through August
11, 1996, in the City of Delray Beach; and,
WHEREAS, this festival is an attempt to present to the
community, state and nation a view of the rich cultural heritage of the
people of African ancestry in our City; and,
WHEREAS, this idea was conceived by Jefferson Manor Homes
~sociation in an attempt to bring people together to develop pride,
respect and appreciation for their community as well as their particular
heritage which they bring to the City; and,
WHEREAS, the festival will provide an opportunity for exciting
e~eriences for local people and tourists reminiscent of the Bahamas,
the West Indies, Haiti and other countries of African ancestry; and,
WHEREAS, the activities of the festival are to promote academic
excellence among our youth, in the form of a spelling bee, an essay,
math and oratorical contest; to promote physical fitness through sports
tournaments; to promote cultural enrichment and appreciation through
exhibits, creative dance and dramatic presentations, poetry, jazz and
fashions; and,
WHEREAS, the highlight of the festival will be the "Festival in
the Park" activities which will focus on cultural and culinary artists
from the various countries; visual and performing arts, ceramics and
jewelry will also be presented in "The Marketplace at Roots",
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach hereby supports the Roots Cultural Festival, Inc., in their
efforts to sponsor the nineteenth annual "Roots Cultural Festival" in
the City of Delray Beach, Florida.
PASSED AND ADOPTED in regular session on this the 9th day of
ATTEST:
~~ - Cit~ clerk
Res. No. 55-96
ROOTS CULTURAL FESTIVAL, INC.
P. O. Box 2654 Dglray Beach. Florida 33444 M07J 276-2099
BOARD OF OlREGTORS
OFFICERS
TOPlMY STi!~ENS
PAPlELA F/DER
21}d Co-Cleon
DENISE WI. LI~AM SUPPORT REQUEST LIST
RICHARD PARKER
PEA~mC~SON 1. A donation from the City of 2,000.00 to go towards the operating
c~a~n expenses of the festival.
(. SPENSER
~sto(~ 2. The City to pay 50% of the cost of the security cost for the
~s THOMAS Fes tival.
FgstivalPrOl~Otel'lCoO(di~at~ 3. The City to waiver the fee for the rental of stage from Friday,
8~ORRA¥ August 09, through Sunday, August II.
Ath~tk
4. The City to Allow the merchants along Atlantic Avenue to display
the "ROOTS" flag.
P~qm.l~.~ 5. The waiver of fees, for use of~acilities, Pompey Park Staff
~I~S~X~{A¥ and for ali activities scheduled at Pompey Park Complex.
WI~JE ~F
MAR~ FF~RER
TP, IqPlY DflUIS
Commissio~r David Randolph
HONORARY
ROOTS CULTURAL FESTIVAL, INC.
P. O. Box 2654 Delray Beach, Florida 33444 M0?J 276-2099
BOARD OF DIRECTORS
July 2,1996 ... ~
OFFICERS
I'OMMYSI'E~NS The Honorable Mayor Jay Alprin
om~p~son City of Delray Beach
SHaUfYaRYANT 100 NW First Street
bt Co-cha~son
PAMF. LAF../.J~R Delray Beach, Florida 33444
2nd Co-Chairpe~son
DENL~WILL~GHAM Dear Mayor Alprin:
RICHARD PARKER
rreayxor The time for the Roots Cultural Festival is here again. We expect
P£ARLJACKSON our 19th Annual Festival to be as successful as always. On
chapmm behalf of the Festival Committee, I would like to thank the City
C. SPEHSERPOMPEY of Delray Beach for its past participation and resolution supporting
Historian
our efforts to bring positive cultural activities to the Delray
JA~S THOMAS
Festival O~'edor Beach area.
L EUZASETH WES~
F~tivalPromoterlcoo(di~ato( We are again asking that a resolution be granted by the City
81LLMURRAY Commissioners sanctioning the efforts of this organization through
Atbletk Director
the support of the various Municipal Departments. Having worked
IqglqBgRS closely with the Police, Parks and Recreation and other Departments,
we are certain that we will be able to give positive influences
C~RR~JONE$ to our city.
PEARL REED
DENNIS MURRAY
WEAIEMCGR~F The Community enthusiastically looks forward to this event each
MARIORIEFERRER year. Through our statewide contacts and national promotions we
FRED GRICE have helped cause the name of Delray Beach to become synonymous
JOL~PARKER with summer cultural experiences.
JO¥CE WALKER
C~OR~WlLUAMS Attached, please find a copy of our schedule and support and request
JAIV~.SPRUVLqN list. We are looking forward to seenig you and the Commissioners
SI'~LEYP£UMMER at our festivities which are planned for July 21, 1996 through
MARY RANDOLPH August 11, 1996.
TA/qMY DAVIS
HI~K(Se~TH Per your request a status report will be be submitted.
Conm~onor Dauid Randotob Sincerely, .~ ~
HONORARY MEIER ~ ~
Tomm~ens, Chairperson
cc: Vice Mayor
Deputy Mayor
Commissioners
City Manager
£1TY OF I ELAI:IY BEA£H
DELRAY BEACH
~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
AII-AmericaCity November 9, 1995
1993
Roots Cultural Festival, Inc.
ATTENTION: Tommy Stevens, Chairperson
Post Office Box 2652
Delray Beach, Flodda 33447
SUBJECT: Fiscal Year 1995-96 Special Event Funding Request
Dear Mr. Stevens:
We are pleased to inform you that the Delray Beach City Commission, at their Regular Meeting of October 24, 1995,
approved the City's Benevolent and Charitable Contributions for Fiscal Year 1995-96 which included special event
funding in the amount of $2,000 for the Roc;ts Festival.
In order to receive your approved special event funding, please submit your written request for the approved amount
to the City of Delray Beach Finance Department, 100 N.W. First Avenue, Delray Beach, Florida 33444 three weeks
prior to the date the funds are required.
One of the conditions of funding for Fiscal Year 1995~96-i~ that the recipient organization shall submit a Status
Report to the City Commission after your.event has been completed. This Status Report must address how the use
of City funding has impacted the expected outcome as provided in the Outcome Statement as originally submitted
on your 'Application for Special Event Funding". The Status Report should include measurable evaluation
information and should not exceed one page in length. .
We hope the City's contribution helps to make this year a success.
If you have any questions concermng this, please contact either the Budget Office (407-243-7129) or the Finance
Department (407-243-7116).
Sincerely,
CITY OF DELRAY BEACH
David T. Harden
City Manager
DTH/sam
cc: Joseph M. Safford, Director of Finance
Linda Turnage, Budget Administrator
THE EFFORT ALWAYS MATTERS
ALL AMERICA CITY
ROOTS CULTURAL FESTIVAL, INC
CALENDAR OF EVENTS
THEME:
"100 Years Of Commitment To Spiritual And Educational Growth"
Sunday, July 21, 3:PM ........... Roots ~Dedication Services
Sunday, July 21, 7:00 PM ............. Gospel Feat3 f0~p~ ~a~Y~'
Wednesday, July 24, 7: 00PM ........ Youth on Paradej
Thursday, July 25 7: 00PM ............. Coronation~ ~o~ P~
Friday July 26, 7:00 PM ........ Spelling Bee Preliminaries;~-~
Friday, July 26, 6:PM ............ Racquetball Tournamentj ~o~F~
Saturday, July 27, 8: 00AM
Sunday, July 28, 2:00PM
Friday, July 26, 6: 00PM ........... Tennis Tournament/Registration
Saturday, July 27, 8:00AM Da~ ~nn%$
Sunday, July 28, 8:00AM
Saturday, July 27, 8: 30AM .......... Youth Basketball Clinic)'Po.~.
Sunday, July 28, 7:00AM .......... Golf Tournament~.~(~ ~u~'C~o ~0~.
Sunday, July 28, 7:00PM. . . Oratorical Contest~
Monday, July 29, 7:00PM ............ Essay & Spelling Bee Contest~~~
Tuesday, July 30, 7:00PM ........... Math Contest; ~~ ~
Wednesday, July 31
6:30 pm ........ Business Workshopj ~o~3 T=FWCu~
Friday, August 2, 6:30PM ........... Basketball Tournament
Saturday, August 3, 8: 00~ ~~,.~'~
Sunday, August 4, 8:00~
Saturday, August 3, 8:00~ .......... Softball Tournament ~ra~
Sunday, August 4, 8: 00~
Saturday, August 3, 12:00, 2:00, 4:00 & 6:00PM ..... Adult Bowlinq,
Friday, August 9, 7: 00PM ............ Festival Parade _ ~(~'t
Friday, August 9, 8:30PM ......... Flag Raising, Jammin' in the Park
Saturday, August 10, 8: 00AM ......... Prayer Breakfast~ ~~ ~'~ ~''
Saturday, August 10, 7:30AM ........ Health FaiL ~0~ ~u~
Saturday, August 10, ll:30AM ........ Annual Meeting ~~ ~
Saturday, August 10, ll:30AM-I: 30PM ......... Youth Explosion3~m~
Saturday, August 10, 3:30PM-11:0OPM ........ Festiwal in the Par%
Sunday, August 11, 2:00PM-9:00PM ............ Gospel in the Park)
For information concerning the scheduled events, call:
Pompey Park 243-7356
Tommy Stevens 276-2099
Shirley Bryant 276-8655
Elizabeth Wesley 278-1013
Concessions: Jenny Thomas 278-7836 or 276-8721
Shirley Plummet 276-3087
Souvenir Book: Clayton Bell 278-2782
T Shirts: Jounice Parker 272-7724
MEMORAND~
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM # / O ~ - MEETING OF JULY 9, 1996
RESOLUTION NO. 54-96
DATE: JULY 5, 1996
This is a public hearing for Resolution 54-96 regarding adoption
of the Evaluation and Appraisal Report (EAR) of the Comprehensive
Plan.
The Planning and Zoning Board reviewed the EAR at three workshops
and a public hearing. After lengthy testimony, most of which
concerned permitting hotel and motel uses in the RM (Medium
Density Residential) district, the Board voted 5-0 to transmit
the report, with no substantive changes, to the Florida Depart-
ment of Community Affairs (DCA) for review and to the City
Commission for adoption.
The DCA informally reviewed the report, and there were no adverse
comments. The report was reviewed by the City Commission at the
workshop meeting of June 11, 1996.
Recommend approval of Resolution 54-96 adopting the Evaluation
and Appraisal Report of the Comprehensive Plan.
RESOLUTION NO. 54-96
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, ADOPTING THE 1996 EVALUATION AND APPRAISAL REPORT OF THE
COMP~SIVE PLAN; PROVIDING AN EFFECTIVE DATE.
WHEREAS, via Ordinance No. 82-89, the City of Delray Beach adopted the
document entitled "Comprehensive Plan - Delray Beach, Florida"; and
WHEREAS, pursuant to Chapter 163.3191, Florida Statutes, the Comprehensive
Plan is required to be updated periodically through the preparation of an evaluation
and appraisal report and subsequent amendment; and
WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did
prepare a report on the Comprehensive Plan entitled "1996 Evaluation and Appraisal
WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following
due public notice, held a public hearing on April 25, 1996, in accordance with the
requirements of the "Local Government Comprehensive Planning and Land Development
Regulation Act"; and
WHEREAS, after the above referenced public hearing, the Planning and Zoning
Board, as Local Planning Agency, transmitted the proposed "1996 Evaluation and
Appraisal Report" to the Florida Department of Community Affairs for review, and to
the City Commission; and
WHEREAS, the City Commission, following due public notice, held a public
hearing on July 9, 1996, in accordance with the requirements of the "Local Government
Comprehensive Planning and Land Development Regulation Act" to adopt the "1996
Evaluation and Appraisal Report".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the document entitled "1996 Evaluation and Appraisal
Report" is hereby adopted.
Section 2. That the Comprehensive Plan for the City of Delray Beach will
be amended, consistent with the findings and recommend_ations of the "1996 Evaluation
and Appraisal Report", within one year of its adoption.
Section 3. That this resolution shall become effective upon the date a
sufficiency determination is issued by the Florida Department of Community Affairs in
accordance with Chapter 163.3191, F.S.
PASSED AND ADOPTED in regular session on this the of July, 1996.
~ity -clerk ~
TO: /D~VlD~T. HARDEN, CITY MANAGER
FROM: DIANE DOMINGUEZ, DIjREC~OR OF PLANNING AND ZONING
SUBJECT: MEETING OF JULY 9~ 1996
ADOPTION OF THE EVALUATION AND APPRAISAL REPORT
The action requested of the City Commission is that of adopting the Evaluation
and Appraisal Report (EAR) of the Comprehensive Plan.
The EAR is a complete review and assessment of the Comprehensive Plan. It
includes both accomplishments since the adoption of the Plan in 1989 and
identification of issues for the City looking forward to the year 2005. The EAR
contains recommendations for Plan Amendments to update the information in
the Comprehensive Plan and direction to implement actions to address identified
needs.
The Planning and Zoning Board reviewed the EAR and received public comment
at a total of three workshops (March 28th, April 8th and April 11th) and one
public hearing (April 25th).
At the public hearing, comment was received from eight people. Most comments
expressed concern over the concept of allowing hotel and motel uses in the RM
districts in the beach area. One person made a suggestion for the final route of
the "in-town shuttle". One person also suggested that there be a separate
economic element in the Comprehensive Plan, and that the Plan specifically
prohibit auto dealerships west of 1-95.
Under discussion, the Board Members stated that they had no problem with
proceeding with a study to determine whether, and under what conditions, hotel
and motel uses should be allowed in RM zoning districts. In response to
questions, staff noted that the final route of the "in-town shuttle" is outside the
scope of the Comprehensive Plan, but would be sensitive to neighborhood
needs. Following the discussion, the Board voted 5-0 to transmit the proposed
EAR, with no substantive changes, to the Florida Department of Community
Affairs (DCA), for review, and to the City Commission, for adoption.
City Commission Documentation
Adoption of the Evaluation and Appraisal Report
Page 2
During the DCA review period, staff performed a final edit of the document to
correct internal consistency problems, typographical and grammatical errors,
and improve the format. The final edit did not result in any substantive changes
to the document approved by the Planning and Zoning Board.
The Florida Department of Community Affairs (DCA) informally reviewed the
proposed EAR. There have been no adverse comments as a result of this
review.
The EAR was reviewed by the Commission at the special workshop meeting of
June 11, 1996.
By motion, following a public hearing, adopt the Evaluation and Appraisal Report
of the Comprehensive Plan via Resolution No. 54-96.
Attachments:
· Resolution No. 54-96
· Evaluation and Appraisal Report
S:\EAR\general\CCadopt2
Mixed Use Categorization:
Currently, the descriptions in the FLUE of the Commercial Core, Large Scale Mixed Use, and
Other Mixed Use categories do not provide the desired percentages among the mix of uses,
nor do they describe the intensity/density of allowable uses. The City will need to articulate
policies to ensure that the descriptions of such categories are specific as to the expected mix.
Land Use Ma.o Amendments:
There may also be Future Land Use Map amendments requested within the time frame that
the E.A.R. amendments are being prepared. The City will transmit those requests as part of
the E.A.R. based amendments.
LU - 98
........ -BE-A'C-t-C-PROPE R-T-Y-OW'N E'R S'
ASSOCIATION, INC. ,,..
' - ' -' '~ P.O. BOX 375
..¢,..-:- ,-~ DELRAY BEACH, FLORIDA 33444
TO ~ OU~ PO~T
~ ~00% AG~ST M~G ~Y C~GBS IN T~ ~.M. ~AS ~OM NON-
CONOCO STATUS TO A CO~ITION~ USE~
T~ ~SIONS 2005 ASSE~LY ~ENTW~D A NEED TO ~VIT~E AS ~LL AS
BUILD, S~L HOTELS ~ MOTELS EAST OF 1-95, ~CH AS W~TTEN, IN-
CLUDES T~ BEACH ~A EAST OF T~ WATERWAY. TI-~ PLYING DEP~T-
~NT IS PROPOSING T~ POSSIBILITY OF ~DING ~D E~DING HOTELS ~D
MOTELS WITHIN T~ R.M. ZO~G DISTICTS ON A COND1TION~ USE BASIS.
T~ ~AS ON T~ BEACH THAT A~ DESIGNATED ~.M. ~ NOW OPEi~TING
~DEK A NON-CO~O~G STATUS,~ IT WOKKS.
~ S~Y WE FEEL TI~T ~ING SUCH ACH~GE IN TF~ NON-CO~OI~-
~G STATUS WOULD HAVE A TKEMENDIOUSLY UNFAVORA[~LE IMPACT ON
T~ QU~ITY OF LI~ ~ TI~ BEACH ~A THAT GAVE US OUI~ STATUS AS
~ ~L-~C~ CITY. THE NEIG~O~iOODS ~ ST~LE AND SHOULD BE
P~SER~D. ~ILE ~ DO NOT HAVE A PROBLEM WITH T~ CON~RCI~
~ITS T~T EXIST, ~ ~ STRONGLY AG~ST ~Y CIIANGES T~T WOULD
~TER OR ~C~ASE T~ CO~RCI~ USE OF PROPERTY 1N THE R.M.
DIST~CTS ON T~ BEACH.
T~ ~Y FACTOR T~T HAS ATT~CTED FAMILIES TO BUY
T~ BEACH ~A ~S BEEN T~ M~VELOUS P~STINE BEACH ~D A
~IG~O~IOOD THAT IS ~LATI~LY F~E OF CO~RCI~ISM. ~YTHING
· ~ ,. ~ · .
':" '.:~'~'~H~ES '= LOOK ~D FEEL OF OUR QUIET SEASIDE CO--UNITY
· ' ~L D~S~~ ~EC~~ V~UES ~D M~VELOUS ATMOSPHE~
': .... -'.-. ...................... ~ A COt~POHATION NOT FOR PROFIT
...... B'&A'C OPER'T-Y OWNERS'- ..............
.... '<-~\~3 ~ ': .-. "x/~'-' --
ASSOCIATION, INC. '
'.. '., - " P.O. BOX 375
''"' ':: '"' DELI:lAY BEACH, FLORIDA 33444
THAT THE NEIGHBORHOOD ENJOYS. WE ARE PPdEPARED TO STAND OUR GROUND
ON THIS ISSUE AND FIGHT IT EVERYSTEP OF THE WAY SINCE IT WOULD SER-
IOSLY DAMAGE TI-IE WAY OF LIFE THAT HAS MADE US MOVE HERE.
WE MIGHT ALSO CALL TO YOUR ATTENTION THAT THE VISIONS 2005 ASSEMBLY
USES THE WORDS "TO DEVELOP AN INTERGRATED DOWNTOWN PLAN" WHICH
CERTAINLY DOESN'T MEAN TIlE RESIDENTIAL BEACH AREA.
TO CLOSE, I THANK YOU FOR YOUR TIME AND REPEAT, PLEASE DON'T LET
ANY ZONING CHANGES SLIP INTO DELRAY'S FUTURE THAT WILL DESTROY THE
FEEL AND TIlE LOOKS OF OUR BEACIt Al(EA. RJZMEMBER THAT IN THE 1989
COMPREHENSIVE PLAN, 1T STATED AND 1 QUOTE D3.3 "I'N ADDITION TO THE
EXISTING TYPE OF COMMERCIAL DEVELOPMENT ALONG ATLANTIC AVENUE,
THE ONLY OTHER COMMERCIAL DEVELOPMENT MAY BE AT TI-IE JINCTIONS
OF ATLANTIC AVENUE AND OCEAN BLVD., AND IT SHALL BE LIMITED TO
TOURIST, RESORT AND RESTAURANT AS OPPOSED TO ANY RETAIL, OFFICE OR
CONVENIENT COMMERCIAL USES.
WHY SHOULD WE CHANGE THIS!?
BEACH PROPERTY OWNERS ASS'N.
TO: Delray Beach City Commissioners
FROM: Lyn~lV'and Kathy~Stokes (1220 Southways)
COPY TO: David Harden, City Manager
Diane Dominguez, Director, Planning and Zoning
Board of Directors, Beach Property Owners' Association
RE: Proposed study regarding hotel/motel development in RM zoning included in the
Coastal Management Element of the EAR final draft
DATE: June 6, 1996
Many beach residents are adamantly opposed to the RM hotel proposal outlined in the Coastal
Management Element of the EAR. However, we have been told by the P&Z staff that the study
for this proposal will go forward regardless of whether or not it is included in the EAR.
Consequently, this memorandum outlines some of the issues that we believe need to be included
in the study. Other issues will undoubtedly arise as more information becomes available and
the proposal is debated through the public hearings and any subsequent DCA challenge.
Purpose and Intent of the RM hotel proposal?
The goal of the proposal as outlined in the EAR is unclear. In order to evaluate the results of
the study, the study must first define the goal(s) of the proposal. The possibilities that have been
discussed include the following:
1. Allow existing hotels in RM to repair/improve their properties beyond the current 10%
limitation for non-conforming uses in the LDRs.
2. Allow existing hotels in RM to increase their density.
3. Allow existing hotels in RM to have additional uses.
4. Create new hotel sites in RM with the 1.5 density ratio and ancillary uses mentioned in
the EAR.
5. Some combination of the above.
Comprehensive Plan
In order to support the proposal outlined in the EAR, the study must explain how the proposal
is consistent with the policies of the Comprehensive Plan ("Comp Plan") or must provide a
rationale for changes in the Comp Plan which allow the proposal to go forward. While the
following list may not be exhaustive, these are some of the issues the study must address:
1. Provide the rationale for deleting Policy D-3.3 of the Coastal Management Element
which reads:
In addition to the existing type of commercial development along Atlantic
Avenue, the only other commercial development may be located at the junctions
of Ocean Bird and Atlantic Avenue, and shall be limited to tourist, resort or
restaurant as opposed to any retail, office or convenient commercial uses.
2. Resolve the conflict between the RM hotel proposal and Objective C-3 of the Coastal
Management Element that there be no change in land use intensity on the barrier island
for vacant and undeveloped land? Similarly, a logical extension of Objective C-3 would
prohibit changes in land use intensity when existing sites are redeveloped.
3. Describe how hotel development in the Coastal Zone can meet the concurrency
requirements which apply to all parts of the City without a conflict with Objective C-3
of the Coastal Management Element which states that new development should not
change the residential character, intensity or demand on infrastructure in the Coastal
Zone.
4. Explain why the RM hotel proposal is not in conflict with policies in the Housing
Element of the Comp Plan which prohibit the City from taking actions that contribute to
the destabilization of neighborhoods?
5. If the City's objective is to increase the number of hotel units, would it be more effective
to amend the Comp Plan to encourage additional hotel uses in commercial zoning? If
such a policy already exists, what measurable targets have been established for the
number of rooms, zoning districts and specific locations in the City?
Hotel Expansion as a City Goal
The EAR mentions inventory data collected for the study, which is reproduced as Exhibit 1.
Based on this data and certain supplemental information regarding the Sea-Aire and Waterford
Place, the following chart summarizes the number of hotel units in the City by zoning category
and location:
2
Hotel Units By Zoning Category and Location
ZONING WEST OF TOTAL
CATEGORY BEACH ICW CITY
Residential 599 84 683
40,82% 5.72% 46.56%
Commercial 544 240 784
37,07% 16.35% 53.44%
Residential & 1,143 324 1,467
Commercial 77.92% 22.08% 100%
Source: Data from Exhibit 1, adjusted to reflect demolition of Sea-Aire (-8)
and construction of Waterford Place ( + 78).
Exhibit 1 and this chart raise the following issues that need to be addressed in the study:
1. Haven't the RM districts at the beach already done their fair share in meeting the City's
hotel goals since they currently support 599 hotel units or 41% of Delray's total hotel
units?
2. If expansion is the intent of this proposal, what is the City's planning goal for hotel
units? Of these, how many will be in commercial zoning? How many will be in
residential zoning?
3. In justifying any expansion goal, the study should explain how the expansion fits into the
City's overall future land use plan and identify those areas of the City which need more
hotel units.
4. The beach currently has 1,143 hotel units (in both residential and commercial districts),
or over three-fourths of the City's hotel units. How much more can the beach support
and still maintain its residential character? How many should be in residential zoning?
5. Are there any guidelines (state or national) for determining how many hotel units a
residential beach area can support without jeopardizing its residential character?
6. What studies have been completed regarding how many hotel rooms the City needs?
What are the results? Are hotels needed that are visible from 1-957 Do they need to be
close to the Tennis Center and downtown?
7. What are the plans for hotel expansion that have been formulated by groups such as the
DDA, CRA, Chamber of Commerce, Pineapple Grove, West Atlantic, and other
organizations? What are their planning goals in terms of number of units and their
locations?
Identification of Hotel Sites
In order to evaluate the impact of the proposal, the study needs to identify likely sites for hotel
expansion and the impact each site or type of site would have on the surrounding neighborhood,
including the following concerns:
1. Identify the amount and location of RM acreage citywide in Delray.
2. Which specific RM areas in the City are targeted for hotel/motel expansion?
3. What hotel sites are being targeted west of the Intracoastal for hotel development? What
are the zoning districts? How much of the RM zoning west of 1-95 is represented by
PUD developments which could not be redeveloped as hotels?
4. What sites at the beach are being specifically targeted for new hotel development?
Which are vacant land? Which buildings (either current hotels or buildings currently
used for other uses) are targeted for redevelopment? Which buildings are targeted for
demolition and subsequent development of the raw land?
5. Are there any small hotels at the beach with historical/architectural value that need
protecting? Are there any buildings which could be targeted for possible demolition to
build a hotel that need historical/architectural protection?
6. In terms of the real estate market, what is the potential for lots to be assembled at the
beach for new hotel sites?
Conditional Uses in Residential Zoning in "Neighboring Cities"
The EAR suggests that the proposal may have merit because "most of the City's neighbors allow
hotel/motel uses as a conditional use in RM districts." In order to properly evaluate this
statement, the study needs to expand the scope of the work done to date (see Exhibit 2) to
address the following issues:
1. The four cities cited in Exhibit 2 allow hotels as conditional uses in multi-family zoning
districts have base densities ranging from 12 to 45 units per acre. Do these cities also
allow hotels as conditional uses in multi-family zoning districts with densities as low as
Delray's RM base density of 6 units per acre?
4
2. The survey must be expanded to include other nearby cities such as Ocean Ridge, Palm
Beach, Stuart, etc. and determine whether they allow hotels as a conditional use in
zoning districts similar to that of Delray's RM zoning?
4. Which cities surveyed have residential zoning comparable to Delray's RM zoning east
of the Intracoastal? In other words, is their hotel expansion targeted towards parts of
their cities other than the beach?
5. What studies have been completed regarding hotels and hotel units in neighboring cities?
What are the results? How does the count of hotel units in other beach communities
compare with Delray's - citywide? beach only?
6. Are these other cities allowing timeshares as a conditional use?
Density Issues
RM has a base density of 6 units per acre. Up to 12 may be approved if "the resulting
development is harmonious with adjacent properties and does not adversely affect areas of
environmental significance or sensitivity," pursuant to a special regulation (LDR Sec
4.4.6(H)(1)). The study needs to address the following questions:
1. How would the RM hotel proposal handle a developer's request for a density ~f 18 hotel
units/acre when the finding made pursuant to the special regulation is for a density of less
than 12 residential units/acre? In other words, would the maximum of 12 residential
units/acre always be assumed for hotel uses?
2. During the last 5 years, how many applications for development in RM were submitted
for densities which were at or close to 12 residential units/acre? How many were
approved? How many of these were located east of the Intracoastal?
3. Since the ratio of 1.5 means that the density for a hotel-type development could be 18
units/acre, what will prevent a developer from building 18 efficiency apartments that are
rented seasonally? What will be the permitted length of stay? It appears that in the LDRs
only bed and breakfast inns limit the length of stay (see LDR Sec. 4.3.3. (Y)(4)(a)). What
will be the mechanism to assure hotel units are not occupied as rental apartments?
Reconcile this with ads by current non-conforming hotels that advertise apartments (see
Exhibit 3).
4. What safeguards will be included in the RM hotel proposal to protect the stability of the
surrounding beach neighborhoods?
5. Will the proposal establish a threshold for determining when a traffic study is required
since development in the Coastal Zone must still meet the concurrency requirements even
though the infrastructure in the Coastal High Hazard Zone cannot be expanded?
6. What buffers will be provided for R-I-AAA properties when the change to RM zoning
occurs mid-block (such as Southways) or on the other side of a residential side street
(such as Bucida)?
7. Would the hotels/motels with existing densities in excess of 1.5 ratio (i.e., a maximum
of 18 hotel units/acre) remain nonconforming uses? Would they get to rebuild after a
hurricane at their current densities or would they be limited to a maximum of 18 hotel
units/acre?
Non-Conforming Uses
1. If the intent is to "do away" with non-conforming hotel uses in RM, explain why under
the RM hotel proposal a vast majority of the existing hotels in RM would exceed the
proposed maximum density of 18 units per acre?
2. What effect, if any, would the RM proposal have on the existing non-conforming hotel
uses in residential zoning districts other than RM (i.e., the Hampton Apartments in R-I-
AA and La France Hotel in R-I-A).
3. Some of the non-conforming uses in RM are not hotel uses. For example, the Seagate
Club operates a private club in addition to the hotel; the Delray Beach Club is a private
club; and the Colony Cabana Club is a hotel facility for a hotel in the CBD but also
operates as a private cabana club. How will this proposal address these other non-
conforming uses?
4. If the goal of this RM hotel proposal is to permit the existing hotels to repair their
properties more extensively, the study should evaluate whether it would be more efficient
to address the problem by amending the LDRs for non-conforming uses.
Potential for Another Zoning Category
Based on the density of the existing hotels in RM zoning at the beach (see Exhibit 1), two-thirds
of the hotels exceed the proposed maximum hotel unit density of 18 units/acre. The densities of
the existing hotels are as high as 41.2 units per acre.
Since 16 of the 23 hotels (the total excludes the Sea-Aire) would remain non-conforming uses
under this proposal, one suggestion for handling these properties has been to create a separate
zoning category for them. However, the creation of a separate zoning category raises the
6
following issues for the study:
1. Since the beach neighborhoods are identified as "stable" on the Residential Neighborhood
Categorization Map, explain why the creation of a separate zoning category for existing
hotels which are non-conforming uses in RM would not be in conflict with Policy A-1.4
of the Housing Element which reads:
That these neighborhoods be identified as "stable residential" on the Housing
Map, that the most restrictive residential zoning district which is applicable is
affixed on the zoning map, and that requests for rezoning to a different zone
designation, other than Community Facilities and Open Space be denied,"
and LDR Sec. 3.3.2(A), "That a rezoning to other than CF within stable residential area
shall be denied."
2. The 16 existing hotels whose density would exceed the 18 hotel units/acre are sprinkled
throughout the beach (see Exhibit 4), and any effort to provide a separate zoning
category for them would be tantamount to spot zoning.
3. If a new zoning category is created, can the 7 hotels which would be conforming under
the RM hotel proposal apply for rezoning to the new category and thereby obtain a
higher density?
4. If a new zoning category is designed to accommodate the maximum density of the
existing properties which is 41.2 units/acre, can the existing hotels with less than 41.2
units/acre be expanded to that density?
5. If a new zoning category is created to accommodate the existing properties, how will the
City handle applications for rezoning of properties not currently used as hotels into this
category?
6. Would the new zoning category contain the same ancillary uses envisioned by the RM
hotel proposal?
Expansion of Uses
The recommendations for ancillary uses as described in the EAR raise the following issues:
1. What would be the enforcement mechanism "to limit food and bar service to a scale that
would serve only hotel guests"? Could guests of guests be served?
2. Which meals could be served? Would breakfast be the only meal served since the EAR
states the hotel facilities would be operating with impacts similar to a bed and breakfast?
7
Would a facility such as the Seagate be non-conforming based on its food and bar
service?
3. Would the bar service be limited to complimentary drinks since the sale of alcoholic
beverages as an accessory use is limited to chartered private clubs and golf courses (LDR
Sec. 4.3.3(V)(2))?
4. Would an existing hotel which would remain non-conforming because its density
exceeded 18 units/acre be allowed to add the proposed RM hotel ancillary uses?
5. The recommendations regarding ancillary facilities are to prohibit meeting rooms and
conference facilities. Would existing hotels with these facilities remain non-conforming?
Timeshares
A number of the properties which would be effected by the RM hotel proposal are timeshares.
The study should address the following issues:
1. Where are timeshares currently allowed in the LDRs?
2. Will this proposal result in timeshares being made a conditional use? If so, will timeshare
conversions of existing hotels or other RM properties be allowed?
3. According to the DCA, the trend in Florida is not to permit timeshares because of
ownership issues and the difficulty of placing liens. What is the rationale for legitimizing
them in the RM zoning district?
4. If timeshares are allowed in residential zoning, would there be potential for timeshares
to then be allowed in commercial zoning?
Reconciling with Current Provisions in the LDRs
Any LDRs which result from the adoption of the RM hotel proposal must be consistent with
other aspects of the City's LDRs. This raises the following issues:
1. What other zoning districts allow hotels, motels, residence inns, timeshares, and bed and
breakfasts? Are they permitted or conditional uses in those districts? Are there any
applicable special regulations for those districts?
2. Reconcile applicable special requirements in LDR Sec. 4.3.3. with the RM hotel
proposal. For example:
a. Hotels and Motels (LDR Sec. 4.3.3.(M)):
Uses include lounges, limo service and car rental
b. Residence Inns (LDR Sec. 4.3.3.(X)):
Must be located with frontage or access from at least one arterial or
collector street
Must be located in proximity to office, industrial and business uses
Shall be used as a transitional or buffer area between residential uses and
office uses
Minimum floor area of 500 sq.ft
Maximum density of 20 units/acre
Can have meeting rooms
Meeting catering and complimentary room service may be provided
c. Bed & Breakfast Inns (LDR Sec. 4.3.3.(Y)): - Geared to historic properties
- No cooking or food storage facilities in any rental room
- Breakfast only for paying guests and their guests
- Length of stay regulations
2. Reconcile these definitions in the LDRs with the RM hotel proposal:
a. Hotel - no provision may be made for cooking in any individual room.
b. Efficiency - located in a multiple family dwelling and which consists of combined
sleeping and living facilities for occupancy by permanent residents (emphasis
added).
c. Motel - no provision may be made for cooking in any individual room, but motels
may have one (1) or more dining rooms, restaurants or cafes as accessory uses.
e. Resort - a building or group of buildings in which any combination of rooms or
complete dwelling units are available for habitation on a rental or ownership basis
(emphasis added).
3. How will the RM proposal handle the square footage minimums for the following:
Hotel or motel (i.e., sleeping room) - 325 sq.ft
Residence inn (i.e., suite) - 500 sq.ft.
Efficiency or studio apartment - 400 sq.ft.
9
Real Estate Tax Issues
At the P&Z workshop where the board sat as the Land Planning Agency and discussed the
Coastal Management portion of the EAR, one rationale for the adoption of the RM hotel
proposal was that it would support the tax base in the CBD by increasing the number of visitors
available to patronize downtown businesses. This argument cannot be evaluated unless the
following information is gathered:
1. What percentage of the CBD's existing customer base is made up of hotel guests?
2. What is the relative contribution of each of the following property types to the City's tax
base:
a. CBD
b. Beach single family residential
c. Beach multi-family residential
d. Beach non-conforming uses
3. What has been the trend for total valuation in each category in Item 2 above over the last
5 years?
4. Have those cities which permit hotels as a conditional use in residential zoning districts
with densities comparable to Delray's RM zoning seen an increase in CBD tax valuations
as a result of the change?
5. Have those cities which permit hotels as a conditional use in residential zoning districts
with densities comparable to Delray's RM zoning seen a decrease in the tax valuations
of residential properties in those districts as a result of the change?
Attachments (4)
10
EXHIBIT 1
EXHIBIT 2
Hotels :andMotels:m:R tn !a!iZ0n .ng D stncts
Boca Raton ; R4 i Conditional 15/acre No limit
' R-5 .£onditional 20/acre 30/acre
!R-5A Conditional 20/acre 30/acre
"Deerfield Beach i RM-25 Conditional 25 d.u./acre 38 d.u./acre
-Pompano Beach MF-12 Special Ex. ~ 12d.u./acre 24d.u./acre
MF-20 ' Special Ex. i 20d.u./acre 140d.u./acre
MF-30 , Special Ex. I 30d.u./acre,! 60d.u./acre
i MF-45 I Special Ex. 45 d.u./acre I 90 d.u./acre
Lake Worth I MF-20 , Conditional 20/acre 40/acre
MF-30 Conditional : 30/acre 40/acre
, MF-40 '. Conditional i40/acre 140/acre
Boynton Beach i None i n/a n/a I n/a
Palm Bch. Gdns. I None I n/a n/a n/a
'-West Palm Beach t None [ n/a n/a n/a
Palm Beach Cts.' None n/a I N/A I n/a
'Note: PBC, Boca, and, Jupiter"~erm~ed and Breakfasts in some residential districts
· EXHIBIT 3
SEA .:~Rt
GROVE CONOOMINIUM RENTAL APARTMENTS--
FURNISHED
STUDIOS · 1 & 2 BEDROOM Dany . weekly .
APARTMENTS Open ~ea~
EFFICIENCIES, STUDIO APTS
Daffy , Weekly ~ & 2 8EDROOM APT5
Monthly . Seasonal HeateO Pool . Color Tv . Cable
·Heateo Pool A,r Cond~t,on~ · Hea~
· A,r Condmon~ Ma,o Serv,ce
· Cable/Color TV's SEASONAL RATES
SE~ ~IRE vmL~S
, ,'; ~ . ~, e~n 8m.~ De,, 8~ ~ 276- 7q~ 1
SEA BREEZE OF OELRaY BEACH
Sea Breeze Resort
~y The Ocean
& Surround~ 8~
LUX~IOU~
~ & 2 BEDROOM
a He4teo POOl ~ ~olor CaDI~
ON-THE-OCEAN ............. . ......
AIR CONDITIONED FURNISHED APTS.
, Private Beach, Healed Pool, Cabanas. CBDle ~
. Pu~lng Green. Shu~leboard
272- O0
1775 S. Ocean Blva. - Oelray Beach
Linlon BIv~ & A-1-A
,~ , · , -~-- 13. Balmoral
'. , 14. Nautical Aire
...... :, ' .":'~ , ~ j - . 15. Bimini Bay
' , ' ,' '- 16, Seagate
R-l-AAA
.......... 17. Dolrag South Shore Villas
' ~ Sea-Aire {to bo demolished)
18. Berkshire on the Ocean
u., ~,'t [ A-U r. Colony
-~-.- ~ ..... ~o .... o~ .... ' 20. Wright bg the Sea
.- 21. Breakers
~ ~ ~ ....... Delr~y Bch
?i~¢~ .... -r~ Club
~ .... ~" ..... kocations of Hotels
- i RM Zo i g Dist icts
.................... n n n r
':'.. ~ ~._:,~¢~ (based on Exhibit 1)
,~,.,.. ,,., ~..
22 Delray Villas
~.;~ ~ 23. Cote d'Azure
R'.I~AA;B
Date: June 26, 1996 Agenda Item No. ] O ~).
AGENDA REOUEST
Agenda request to be placed on:
X Regular __ Special __ Workshop __ Consent
When: July 9, 1996
Description of Agenda Item:
Public Hearing for Consolidated Action Plan for Fiscal Year 1996/97 Regarding the
distribution of Community Development Block Grant funds
Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No
Recommendation: Approval
Department Head ~~
Signature: ~ .... ~
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
community development programs. This plan replaces and consolidates the Comprehensive Housing
and Affordability Strategy (CHAS) and the Final Statement of Objectives and Proposed Use of Funds
formerly required as the application process for the CDBG program entitlement allocation.
RECOMMENDATION
Staffrecommends consideration of public comments on the Consolidated Action Plan. Upon closing
of the Public Hearing, we recommend adoption of the Plan (with amendments if necessary)
and approval to submit to Palm Beach County for subsequent submission to HUD.
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - JULY ~, 1996 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE AGENDA IS AMENDED AS FOLLOWS:
REVISE ITEM 8.C. ON THE CONSENT AGENDA TO READ AS FOLLOWS:
C. ACCEPTANCE OF 'COPS MORE' GRANT AND APPROVAL OF MATCHING
FUNDS: Accept a grant from the U.S. Department of Justice
under the COPS MORE program in the amount of $87,225; and
approve matching funds in the amount of $29,200 for 19 laptop
computers and $6,805 for the City Watch system, from Prior
Year Surplus (Account No. 001-0000-301-10.00).
ADDITION OF 9.M. TO THE REGULAR AGENDA: ~
M. RESOLUTION NO. 55-96/ROOTS CULTURAL FESTIVAL: Consider a
resolution supporting the Roots Cultural Festival, Inc. in
their efforts to sponsor the. 19th Annual "Roots Cultural
Festival", and the festival committee's related support
request list.
ADDITIONAL MATERIAL TO 10.B. OF THE PUBLIC HEARINGS:
B. CONSOLIDATED ACTION PLAN FOR ALLOCATION OF COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS: Approve the Consolidated
Action Plan for allocation of Community Development Block
Grant funds.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: ASENDA ITEM # /0 ~ - MEETINS OF JULY 9, 1996
CONSOLIDATED ACTION PLAN FOR ALLOCATION OF COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS
DATE: JULY 2, 1996
This is the FY 1996-97 Consolidated Action Plan for allocation of
the Community Development Block Grant funds, part of Agenda Item
10B which was previously distributed.
.... TABLE OF CONTENTS
CITY OF DELRAY BEACH
CONSOLIDATED ACTION PLAN 1996-1997
Page Number
I. Introduction .................................................................. 1
II. Available Resources ................. ' .................................... 1- 3 A. Community Development Block Grant
B. HOME Investment Partnership
C. HOPE 3
D. Local Match
III. Delray Beach Renaissance Program .............................. 3
IV. Monitoring of Activities ................................................ 3
V. Homeless and Special Needs Activities ......................... 4
VI. Public and Assisted Housing ......................................... 4 - 6 A. The Delray Beach Renaissance Program
B. All American City Youth Choir
C. I have a Dream
D. Family Self-Sufficiency Program
E. The Caring Place Thrift Shop
F. After School Program
G. Summer Youth Camp
H. Resident Empowerment Program
V. Geographic Disthbution ................................................ 6 - 10
A. Low/Mod Income Area Population Map/Streets
B. Low-Mod Income Area Population / Points of Interest Map
C. Minority Population Map / Streets
D. Minority Population Map
VI. Funding Sources ............................................................ 11 - 12
VII. Listing of Proposed Projects ......................................... 13 - 25
described in the accompanying maps.
B. HOME Investment Partnership Consortium
The Interlocal Agreement creating the Palm Beach County/City of Delray Beach
HOME Consortium expires 9/30/96. However, the City will continue its plans to
utilize the unobligated HOME funds allocated during Fiscal Year 96 ($184,040)
through the Consortium. These funds will be used to provide new construction
opportunities in the form of downpayment assistance for first-time homebuyers
($98,440) and owner-occupied housing rehabilitation grants to low and moderate
income homebuyers ($85,600). The funds for new construction of the previous three
fiscal years will make it possible to greatly impact very low, low and moderate income
persons. It is expected that approximately 32 first-time 'homebuyers 6 owners of
substandard housing units will.benefit from this program. ~
C. HOPE 3
The City will continue providing homeownership opportunities through this program.
Activities related to the acquisition/rehabilitation of government-owned properties will
be into its third year during the 1996-97 fiscal year. The acquisition, rehabilitatiOn and
sale of two units has been completed. It is expected that transfer of the remaining 8
units to buyers will be accomplished during the fiscal year. Due to market conditions,
the City may look to restructure the HOPE 3 program during the fiscal year in order to
facilitate a more timely transfer of housing units to first time homebuyers.
D. Local Match
As an Entitlement City, the City of Delray Beach receives State Housing Initiatives
Partnership Program (SHIP) fimds which may be used to fulfill the match
requirements of federal funds. SHIP fimds may be used for housing rehab,
downpayment assistance, impact fee payments, and closing costs. The City's allocation
for FY 1996-97 is estimated to be $286,454, with 50% new construction financing,
26% housing rehabilitation, 14% homeownership/rehabilitafion, and 10% for
administration.
Since 1990, the City's affordable housing programs have been enhanced by a
contribution of approximately $230,000 form the general fund. These dollars were used
2
"Achnhfistrative Requirements for Grants Cooperative Agreements to State, Local and
Federally Recognized'Idian Tribal Governments" (24 CFR Part 85)
V. HOMELESS AND SPECIAL NEEDS ACTIVITIES
The City will continue to support the efforts of local agencies who have the needs of
the homeless as their concern. Funding has been allocated to the Urban League of
Palm Beach County to provide Housing Counseling Services in an effort to prevent
homelessness as well as to assist homeless individuals and families locate available
housing services.
VI. PI-IA RESIDENT INITIATIVES AND PROGRAMS
The Delray Beach Housing Authority (DBHA) continues it's commitment to improve
the quality of life for both Public Housing and Section 8 Eiients. DBHA programs
provide viable, substantial alternatives to participation in crime and drag activity. They
are also designed to promote tree self-sufficiency through economic development.
The following programs are among the strategic and tactical plans to meet the goals
consistent with the goals of the Consolidated Plan.
A. The Delray Beach Renaissance
The DBHA will contribute subsidy mon/es for junior mortgages as a partner in the
Renaissance Program. Along with awarding subsidies, the DBHA will provide rental
management training to local non-profits and assist low income families towards self-
sufficiency and home ownership.
B. All America City Youth Choir
Approximately sixty (60) youth residing in Carver Estates participate in the All
American Youth Choir. The Choir performs year round and continually gives inspired
performances. Interwoven through Choir practice is educational training related to
developing strong values and self-esteem. Over half of the participants in the Choir
were on the Honor Roll at their schools the last grading period.
are being offered for the summer.
H. Resident Empq)werment Program
The Resident Empowennent Program is an established joint venture between various
pubhc and private partnerslfips to provide job training, skills upgrade and employment
oppox~mities for both Section 8 and Public Housing clients.
VII. GEOGRAPHIC DISTRIBUTION
Activities described in tlfis plan including Public Housing Resident Initiatives will be .
concentrated within Census Tracts 65.02, 67, 68.01 and 68.02. Activities relating to
HOPE 3 and the Bootstrap programs are citywide. A location map is included.
MEMORANDUM
TO: David Harden, City Manager
THRU: Lula Butler, Community Improvement Director ~
FROM: Dorothy Ellington, Community Development Coordinator /~
DATE: June 24, 1996
SUBJECT: Public Hearing/Consolidated Action Plan Fiscal Year 1996-1997
ITEM BEFORE THE COMMISSION
This is to solicit public comment on the HUD-required Consolidated Action Plan for Fiscal Year
1996-1997. The Action Plan is written in compliance with Federal guidelines governing the use of
Community Development Block Grant dollars. The Action Plan presents the distribution of the 1996-
1997 CDBG allocation of' $654,000 plus anticipated $8,000 in program income. A listing of
Proposed Projects is as follows:
Housing Rehabilitation $294,710
Emergency Rehabilitation $ 35,000
Community Child Care Center $ 21,000
Alpha Time Child Care Center $ 10,000
Boys and Girls Club $ 33,800
Mad Dads Organization $ 58,500
Urban League $ 12,000
Sidewalks $ 50,000
Fair Housing $ 2,000
Demolition and Clearance $ 6,000
Administration $129,980
Contingency $ 9,010
Total $662,000
BACKGROUND
The one year Action Plan is part of the five-year Consolidated Plan which is a result of the U.S.
Department of Housing and Urban Development's new process for planning the use of Federal
Community Development Block Grant funds, HOME Investment Partnership funds and other
Block Groups
L/M Population at least 51%
· L/M (151)
U] Non L/M (344)
Funding Source ----~-
[] APHA
· CDBG
· ESG
· HOME
~ HOPWA
· MULTI
~ PHA
Ida
Block Groups
L/M Population at least 51
· L/M (151)
[] Non L/M (344)
Funding Source
[] APHA
· CDBG
· ESG
· HOME
~ HOPWA
~ MULTI
.~ PHA
% (Black + Hispanic + Oriental
By Block Group
[] 0 to 2
[] 2 to 4
[] 4 to 6
[] 6 to 8
[] 8 to 100
Funding Source
[] APHA
· CDBG
· ESG
· HOME
~7 HOPWA
~ MULTI
/~ PHA
(Black + Hispanic + Oriental +
By Block Group
~ 0 to 2
[] 2 to 4
· 4 to 6
· 6 to 8
· 8 to 100
Funding Source
[~ APHA
· CDBG
· ESG
~, HOME
~,/' HOPWA
· MULTI
~ PHA
10
TOTAL DOLLARS BY HUD CODE
250000
200000
TOTAL DOLLARS BY HUD CODE
.= HUD Code
150000
10OO0O
50000
0
05 05L 14A 14E 14H 21A 21D 22 03L
HUD Code
U.S. Department of Housing and Urban Development
CPD Consolidated Plan
Funding Sources
Entitlement Grant (includes realloc~ted funds) 654,000
Unprogrammed Prior Year's Income not previously reported 0
Surplus Funds 0
Return of Grant Funds 0
Total Estimated Pro,qram Income (from,~ detail below). 8~000
Total Funding Sources: $662,000
Estimated Program Income
Description Grantee Subrecipient
1. Community Redevelopment Agency Loan Subsidy 8,000 0
2. 0 0
3. 0 0
4. 0 0
5. 0 0
6. 0 0
7. 0 0
8. 0 0
9. 0 0
10. 0 0
Total Estimated Program Income $8,000 $0
12
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24 ~
NOTICE OF PUBLIC HEARING
CITY COMMISSION meeting
7:00PM, CITY HALL
CITY OF DELRAY BEACH
CONSOLIDATED PLAN
The City of Delray Beach Community Improvement Department invites the public to attend a
Public Hearing to provide input on the federally mandated Consolidated Action Plan for Fiscal
Year 1996-1997. This plan has been developed to meet the requirements of the federal
regulations governing the use of Community Development Block Grant funds.
The City's Consolidated Action Plan sets forth proposed projects for the CDBG Entitlement
allocation of $654,000 funds for the Fiscal Year 1996-1997. Additionally, the City estimates
there will be $8,000 in program income through staff participation in the Community
Redevelopment Agency's Loan Subsidy Program. The continuation of the State Housing
Initiatives Partnership funding will provide the City with an additional $286,454 for housing
rehabilitation and home ownership opportunities. The following is a summary of the CDBG
Proposed Projects:
1. Housing Rehabilitation
Assistance to 15 homeowners $286,710
2. Emergency Repair
Assistance to 10 homeowners $ 35,000
3. Community Child Care Center
Salary of one full time staff person $ 21,000
4. Alpha Time Child Care Center
Salary of one part time staff person $10,000
5. Mad Dads Organization
Salary of two full time positions to provide
drug/crime prevention in CDBG Target area $ 58,500
6. Urban League of Palm Beach County
Housing Counseling and emergency intervention $12,000
7. Boys and Girls Club of Delray Beach
Public Facility Improvement associated with the
rehabilitation of the Catherine Strong Center $ 33,800
8. Sidewalks
Funding is provided to install sidewalks at
various locations in the CDBG Target area $ 50,000
9. Fair Housing
Funding provided for Hope, Inc. a HUD
approved agency charged with promoting fair
housing activities $ 2,000
10. Demolition and Clearance
The demolition and clearance of two blighted
unsafe structures at a cost of $3,000 each $ 6,000
11. Administration
Administrative costs associated with the
CDBG program $129,980
12. Contingency
Funds available for unforeseen program costs $ 9,010
TOTAL CDBG(including Program Income) $662,000
The City expects to receive $286,454 from the State Housing Initiatives Partnership during
FY 96-97. The Consolidated Plan sets forth the use of these dollars as follows:
1. New Construction Financing
Financial assistance for home
ownership opportunities for 12 eligible persons $142,319
2. Homeownership/Rehabilit ation
Rehab of 10 existing owner occupied units $115,490
3. Administration
Administrative costs associated with the
SHIP program $ 28,645
TOTAL SHIP $286,454
MEMORANDUM
To: Allison MacGregor Harty, City Clerk tl~3
Thru: Lula Butler, Community Improvement Director
From: Dorothy Ellington, Community Development Coordinator ]~
Subject: Consolidated Plan Public Hearing
Date: June 18, 1996
Please publish the attached in of the Deka.v ews. If you require
additional information or if clari~s needed, call me at 7282. Thank you for
your assistance.
JUN-20-1~96 08:21 BOCA RATON 'THE NEWS' ' 1 40? 3584849 P.02
FROM: C2TY OF DELRA¥ SEACH/CIT¥ CLERK'S OFFICe.
NAME OF $~NDER;
T~ ~ER OF PAGES: . ~ (including ye shee~)
l~ y~u do not receive aX1 the pa~es, please call as soon as
possible and ask for individuaX (sender) noted above.
The ~ollowing info=mat£on ks to be filled out by the recipient.
~eceived
DaCe & Time:~
tle~ r~tu~n ~ a copy of thl~ cover Bheet with the above
~n~o~on c~ple~ed ~o Fax No. 243-3?74. Thank you ~or you=
ooo~rationl
T.~ E~OnT ALWAYSMATTEN$
TOT~L P,02
[fly JIF [IELR#Y BEI [H
100 N.W. ls! AVENUE DELRAY BEACH, FLORIDA 33444 407/243-7000
CITY CLERK' S OFFICE
FAX COVER SHEET
FROM: CITY OF DELRAY BEACH/CITY CLERK'S OFFICE
TOT~ N~BER OF PAGES: , ~ (including cover sheet)
PHONE N~BER: ,,~ / -- ~ ~3-~O ~~
If you do not receive all the pages, please call as soon as
possible and ask for individual (sender) noted above.
06/19/96 11: 56 '~'407 243 3774 C I TY/DELRAY BCH. 1~ 001
ACTIVITY REPORT
TRANSMISSION OK
CONNECTION TEL 93384849
CONNECTION ID G3
START TIME 06/19 11:54
USAGE TIME 02'02
PAGES 3
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT: AGENDA ITEM ~ /0 ~ - REGULAR MEETING OF JULY 9~ 1996
APPLICATION AUTHORIZATION AND PROPOSED USE OF BLOCK GRANT FUNDS
DATE: JUNE 28, 1996
The (l~nibus Fiscal Year 1996 Appropriations Act, Public Law 104-134,
provides $503 million for the implementation of the Local Law Enforcement
Block Grants Program, to be administered by the Bureau of Justice
Assistance (BJA), U.S. Department of Justice. The purpose of the Local Law
Enforcement Block Grants Program is to provide units of local government
with funds to underwrite projects to reduce crime and improve public
safety.
We have already been advised that we are eligible to receive $170,524.00
based on our Urban Crime Rate (UCR) report. In order to receive the funds,
we must complete the application which requires a recommendation from an
established advisory board as well as the holding of a public hearing
regarding the proposed use of funds. The Police Department has already
estabished the advisory board which has recommended the purchase of 35
laptop computers and associated appurtenances to bring them on line,
software, and volunteer program funding.
The grant program requires a ten percent match, or $17,052.40 Funding
would be provided either from the City Manager's contingency account or
next year's Police Department budget depending upon receipt and acceptance
of the grant.
Recommend approval of the proposed use of funds and application for the
grant.
ref: agmemo 14
+40q~43~$66 Cll'Y OF' I~Y B~qCH 2B0 POP_/B~ ~ 2B 'gG ~:3:~
' , Agenda l:tea go, = /O...~'
Request to be placed on:-
~ Regular Agenda ~ ~ Special Agenda ~ ~o=klhop Aging:
Desc~ip~ion o~ agenda itim (who, what, ~hetl, how mu~h).: The disposition
.. 0f a Federal Block Grant for $170,524.00 plus City matchinE funds of $17,u3z.~u.
~ $135,0Q0 for C~mputerst $30,000 for I.F. connection ~or the AS/~UU, $2.,~00 for vehicle
' mount'~.. $7,2'~Q for so~'~ware~' $8~800'for v~hiCle I~F. a~ctions, and
Department Volunteer Program.
~ecommenda~ion: ~ N/A ....................
DmpagtmmnC ~ead S~9naCu~e: ........ , ......
De~e~~on o~ Consistency v~h ConpcehenaLvo ~Lan~
C~y A~Cocney Review/ Recommendation (~f applLcabLo)t .......
au~ge~ Di~ecCoc Rev~e~ (~e~L~ed on al~ L~em8 ~nvolving expen~uce
og ~unds):
Fu~nq ava~lablem tee/ ~0
Fu~nq altecnac~vesm_. ..... . .... ~ (~ applicable)
Approved for aqm~a: YBS/ NO
Hold Until:
A~enda Coordinator Review:
Received: '
Ac c Lon ~ App ~'o~ ad/O L saPpcoved
DELRAY BEACH
Delray Beach Police Department
NI-AmericaCity
(407) 243-7888 Fax (407) 243-7816
1993
MEMORANDUM
TO: Robert A. Barcinski, Assistant City Manager
_lb,.
FROM: David Junghans, Administrative Officer~t~
DATE: June 28, 1996
SUBJECT: BLOCK GRANT
Per the requirements established by the Bureau of Justice Assistance for the Local Law
Enforcement Block Grant Program, the Advisory Board met to review the City's plan for
the available funds. The following is a list, with estimated costs, of our request for
funding:
1. 35 laptop computers $135,000.00
2. I.F. connection for the AS/400 $30,000.00
3. 8 vehicle mounts for computers $2,400.00
4. 8 vehicle I.F. mod $8,800.00
5. CAD sofhvare $7,200.00
6. C.O.P. Volunteer Program $4,000.00
$187,400.00
The block grant totals $170,524.00 with a 10% City matching requirement, total grant
$187,576.00. The costs listed above are only estimates at this time; however, the
department feels the final dollar figure will be very close to the stated amount.
DJ/ppt
· OfficeofJusticePrograms
Bareo~ of Ja.~ce Assistatge
II
Nancy F. Gist, Director
Local Law Enforcement Block Grants Program
Th~ Omnibus Fiscal Year 1996 Approlniafious Aa, t.O Enhanting security mcasure, s in and around schools,
Public Law 104-134, provides $503 million for thc and in and arodnd any other facility or location that
implementation of the Loca//.aw Enforcement Block the unit of local government conside~ a special risk
Grants Progran~ to be administered by the Burean of for incidents of crime.
lustic~ Assistanc~ (BJA), U.S. De. pa,im~t of lustice. Q Establishing or supporting drag courts. To be
Tho purpose of the Local Law Enforcement Block eligible for funding, a drag court program must
Grants Program is to provide units of local government include the following:
with funds to underwrite projocts to rexlucc crime and · Coatinum~ judicial SUlm~sion over offencl~r~
improve public saf~ projocts must be funded in with substance abuse problems, but who are not
accordance with the seven purpose areas described violent offende~.
below.
· Integrating the administration of other sanctions
Program Purpose Areas and servic which shall include: (i) mandatory
periodic testing of each participant for the use of
Local Law F. nforccmcnt Block Grants Program funds controlled substances or other addictive sub-
may be used for one or mo~ of the following seven stances during any period of supervised release
purpose areas: or probation; (ii) substance abuse treatment for
~ Hiring, training, and employing on a continuing each participant4 (iii) probation or other super-
vised release involving possible prosecution,
basis n~w, additional law eafon:mnem offtcet~ and confincm~t, or incarceration Ix~.ause of
necessary support personnel (if funds ar~ used for noncompliauce with program re~uireamnts or
hiring law enf~t officers, the~ must be a net failure to show satisfactory progress; and (iv)
gain over the unit of local government's current programmatic, offender managcmant and
appmpfia~ budge, x, in the number of law enforce.- afmz:are services such as relapse prevention,
ment officers who perform uolmdminisuafive vocational job training, and job and housing
public safety service); paying ovextime to presently placement.
employed law eafotr, mne~ officors and necessary
support personnel for the purpose of inctmsing th~ ~ Enhancing tbe adjudication of cas~ involving
numb~ of hours worked by such pmonnd; and/or violent offcnde~, including cases involving rio-
procuring extuipment, technology, and other mate- lent juvenile offenders. For thc purposes of this
rial directly rel_~,,-a to basic law mzforcement program, violent offender means a pea, son charged
functions, with committing a Pan 1 violent crime under the
III1~111 II I [ I I III i _
H Establishing a mulfijurisdictional task force, particu- H Establish an advisory board to review the applica-
larly in rural areas, composed of law enforcement tion. This board must be desi?~t_,~! to make
officials ~presenting units of local government; this nonbinding recommendations for the proposed use
task force will work with Federal law enforcement of funds _rec~__-ived under this program. The advisory
officials to prevent and control crime, board must include a member from at least each of
~ Establishing crime prevmtion programs involving the following: the local law enforcement agency;
cooperation between community residents and law prosecutor's office; court system; school system;
enforcement personnel to control, detect, or investi- and a nonprofit group (e.g., educational, rcligions,
gate crime or the wosecution of criminals, or community) active in crime prevention or.drug
use prevention or treatment.
~ Defraying the cost of indemnification insurance for
law enforcement officers. H Hold at least one public hearing regarding the
lXOposed use of funds.
Prohibition on Use of Funds H ~;orward thc ~a~on ~ ~ Oov=nor or
nated representative at least 20 days prior to submis-
Funds arc not to be used to purchase, lease, rcnt, or sion to B~A, as required by statute.
acquire tanks or armored vehicles, fixed-wing aircraft, The first two bulleted items above need not occur prior
limousines, rea] estate, yachts, consultants, or any ye- to applying for funds, but must occur prior to the obl;ga-
hicle not used primarily for law enforcement. In ad(Ii- tion of funds.
rion, Federal funds cannot be used to supplant State or
local funds, but instead to increase the amount of funds An additional requirement is that units of local govern-
that would be available otherwise from State and local ment give suitable preference in the employment of per-
sources, sons as additional law enforcement officers or support
pewsonnel to members of the Armed Forces who were
Eligibility for Program Funds involuntarily separated or retired due to the reductions in
the Department of Dcfcnsc.
Units of local government arc eligible to apply for an
awol Units of local sovcmm=t ~ counties, towns Distribution of Awards
tribes and Alaskan Native villages that carry out sub- The Director of BJA will set aside funds for units of lo-
stantial governmental duties and powers are also cai government within s, State. The amounts will be pro-
eligible, portionate to thc $_*,ate's average annual amount of Part l
Matching Funds Requirement ~ three most recent ca~,hr ye=s of data from
Fedend Bureau of Investigation. However, each State
~ .i~.rgg!~l~ .1~. ~i_l~-~_llt.~,,~i.~ _ii:quire- will v'ce_ _~e ~minimnm award of .25 percent of the toi~l
mcnt which will not be waived. Maiching funds may be amou~ available for formula distribution umler the
provided from the following sources: State and local Local Law Enforcen~nt Block C.n'ants Progriml.
government funds, the Housing and Community Devel-
opmeat Act of 1974, the Appalachian Regional Develop- Awsrds to units of local governmeni will be proportion-
ate to each local jurisdictiou's average annual amount of
ment Act, the Equitable Sharing Program (Federal assets
Pari ! violeni crimes comimred to all other local juris-
forfeiture dislributious), and private funds. All rmipients
amoim~, and the timing of all ~ coniribufions, years.
H i~JA will make awards directly to uults of local
Application Requirements for Units of gov=nmm when award amounts ~ at
Local Government $]0,000. Each unit of local govetmnent eligible to
apply for an award of $10,000 or more will be
An application must be signed and submitted by the notified by BJA.
chief executive of the jurisdiction (i.e., mayor, county H Each State will receive the remainder of the State's
executive, tribal chief, etc.), who must: allocation for local applicants whose award amounts
· [] II I III I
ere less then $10,000. BJA will m oae ~'cga~ then ~ ~ m ~ f~ ~t ~ ~ rifle,
aw~ ~y ~ ~ S~. ~ S~ ~ ~~ ~ ~t of i~ govmt ~ ~t ~
s~h ~ ~ S~ ~ ~ ~ ~ (i), mge~ ~ ~y ~h s~ g~
pm~ ~w ~~t ~ m ~U of i~ ~y ~mt ~U of 1~ govmnt
gov~nt ~ ~u of l~ gov~ w~ ~~ ~ c~ (fi), ~ $ub~t ~ ~ ~r
~mt is lm ~ ~ch ~t ~ a ~ a ~t ~~ f~ ~ ~g~ of ~ ~
~h ~t m~ ~ a ~ ~ m ~it ~ ~~ ~ ~ ~ ~t of s~h ~
~n~ (~lu~g M~) m ~ 2 y~ ~m ~ Sovmt ~ ~ ~ f~ wMch s~h ~
~ of ~ ~fiM aw~ by ~A ~ m ~ ~ m ~ ~ ~ u~ ~ ~ of l~ gov~nt
BJA ~in ~ ~ys of ~j~ ~i~. ~volv~ my ~ a joMt 1~ ~v~ ~
f~ ~ ~ of ~Mg om ~ ~h.
S<fion 1~)(9) ~n~ ~e fo~w~g pm~on ~ ~ ~) ~ ~s ~~ ~ ~ 'g~M~y
a~mpt ~ ~~ ~n~ ~ ~fi~ ~ment ~t of l~M gov~nt' ~ a ~t of
~ j~cfiom: l~ govmt ~ ~ j~on ov~ ~
(A) N~~g ~y ~ ~v~ of ~is l~ ~in ~ ~~u of ~ ~ ov~ wMch
rifle, ~ ~ a ~t of l~ gov~nt ~fi~ pmu~t ~
(i) ~e ~y g~ of a Sram ~ ~ a c~ (i) ~ j~on.
~t of l~ gov~t ~ ~
o~s~~~~~torm Admini~flon of BIoak ~mnt Funds
~m of ~uaon ~ ~~ ~ ~ by ~e S~tes
~ ~ m Pm 1 ~ol~nt ~ ~ by
a s~ g~~y ~~t ~t of ~ ~v~g ~ ~si~ a ~ ag~ ~ ~s-
gov~
(~) but f~ ~ ~ ~ ~t of ~ ~b~ fg s~g ~ S~'s ~p~o~
~ ~y ~ ~h ~~ g~~y
~~ ~t of~ gov~t cx~ ~adline for Applica~on Submission
~~of~~t~m~
~it of 1~ gov~t ~ ~t BIA ~ ~~ ~p~fion ~U for ~ ~o~ 1~
m c~ (i), ~ j~~ ~b~ fg ~ aw~ ~ ~ ~p~-
~ ~ ~ o~ ~ s~ g~- ~ ~ l~J~ 1~, 1~. ~ ~lic~o~ must
~y ~m~t ~t of 1~ gov~t ~ ~iv~ by Aunt 9, 1~6. BJA ~]l ~
(~xcl~ ~ of~ gov~t ,w~ ~ ~~ l~.
(7)), ~ ~ ~ of ~ ~t For Fu~er Information
~ ~ ~ c~ (i) ~ ~ F~ ~ ~~on ~t ~ ~ ~w ~o~mcnt
~y g~ of ~ S~ ~i~ ~t BI~ ~a ~~ ~ ~ U.S. ~~t of Jus-
s~ ~~ ~ ~y~ ~ ~ ~ ~ ~ g 1~21~770; or ~s ~c
~ci~t ~~ ~j~ BJA ~ ~c ~ h~/~.ojp.~j.gov~1A.
1~ 000147
May 1996
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ MANAGER
StmJEC : ASmm # /(3 D - JUS¥ 9, 1996
SEC(21q'D READING & PUBLIC HEARING FOR ORDINANCE NO. 21-96 ADOPTING
THE 1994 STANDARD BUILDING CODE
DATE: JUNE 26, 1996
This is second reading and public hearing for Ordinance No. 21-96 which
adopts the 1994 edition of the Standard Building Code and amends Chapter 7,
"Building Regulations", of the Land DevelolJnent Regulations to conform to
its provisions.
Per statute, local governments with building construction regulation
responsibilities are required to adopt one of the model codes recognized by
the State of Florida as the State Minimum Building Codes. The Building
Code Advisory Board of Palm Beach County, which was created for the purpose
of advising the County and its municipalities on the adoption of building
codes, has recommended the 1994 StaD~lard Building Code, including the
Windborne Debris Impact Standard (SSTD 12-94). This impact standard was
discussed by the Commission on Feb~3awy 6, 1996, and was subsequently
adopted as a mand_~_tory requirement by Palm Beach County.
Implementation of the 1994 building code began on June 1, 1996. The
windborne debris standard is to be implemented by October 1, 1996.
The Planning and Zoning Board considered this item on April 15, 1996, and
voted 5 to 0 to recommend adoption of the 1994 Standard Building Code and
the requisite text amendments to Chapter 7 of the Land Development
Regulations. At first reading on June 18, 1996, the Commission passed the
ordinance by unanimous vote.
Reconmend approval of Ordinance No. 21-96 on second and final reading.
re f: agmemo7
ORDINANCE NO. 21-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, ADOPTING THE 1994 STANDARD BUILDING CODE
AND AMENDING CHAPTER SEVEN, "BUILDING REGULATIONS", OF
THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"
ATEACHED HERETO AND MADE A PART HEREOF, TO CONFORM WITH
THE PROVISIONS OF THE 1994 STANDARD BUILDING CODE;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
WHEREAS, pursuant to Florida Statutes Chapter 553.73, local
governments with building construction regulation responsibilities are
required to adopt one of the model codes recognized by the State of Florida
as the State Minimum Building Codes; and
WHEREAS, the StaD~ard Building Code, 1994 Edition, has been adopted
by the State of Florida and is recognized as a State Minimum Building Code;
WHEREAS, the Building Code Advisory Board of Palm Beach County was
create~ for the purpose of advising the Board of County Commissioners and
local governments concerning the adoption of building codes and their
enforcement throughout the county; and
WHEREAS, the Building Code Advisory Board of Palm Beach County
recommends the adoption of the 1994 Standard Building Code, including the
Windborne Debris Impact Standard (SSTD 12-94); and
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning
Board, reviewed the subject matter at its meeting of April 15, 1996, and has
forwarded the changes with a recommendation of approval; and
WHEREAS, the City Commission finds that the adoption of the 1994
Standard Building Code is in the best interest of the public health, safety
and general welfare of the citizens of the City of Delray Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. ~nat the 1994 Edition of the Standard Building Code be,
and the same is hereby adopted.
Section 2. That Chapter Seven, "Building Regulations", of the Land
Develolmnent Regulations of the City of Delray Beach is hereby amended to
conform with the provisions of the 1994 StanOard Building Code, as more
particularly described in Exhibit "A" attached hereto and made a part hereof.
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 all ordinances or parts of ordinances which are in
conflict herewith are hereby repealed.
Section 5. That this ordinance shall become effective immediately
upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the 9th day of July , 1996.
~ City ~l~rk Y
First Reading June 18, 19 9 6
Second Reading July 9, 1 9 9 6
- 2 - Ord. No. 21-96
EXHIBIT "A" Section 7.1.1
to Ordinance No. 21-96
CHAPTER SEVEN BUILDING REGULATIONS
BUILDING REGULATIONS
Section 7.1.1 General Provisions:
Section 7.1.2 Work Done By Homeowl0¢r: Nothing herein contained shall prohibit any bona
fide owner from performing work in his own home which would be subject to the regulations of
this chapter. The Building Official may require that the homeowner:
(A) File with Building Official or his designated representative, approved plans and
specifications.
(B) Satisfy the Building Official or his designated representative, as to his ability to
perform work.
(C) Apply for and secure a building permit.
(D) Pay the required fee.
(E) Do work in accordance with this chapter.
Section 7.1.3 Building Code:
(A) Adopted by Reference. The -1-988 1994 edition of the Standard Building Code,
complete with Appendix A, B, C, D, E, F, G. H, I,~, · ...,~"~ N, c~..., p, r~.<, ~.~"-': P., J. and K.as compiled
by the Southern Building Code Congress, of which not less than three copies have been and are
now filed in the office of the City Clerk, is hereby adopted and incorporated as fully as if set
forth at length herein, except those sections repealed in division
v--~ (A) of this section and
except as amended in Section 7.1.2(B) of this Article.
(-3-) (1) Appeals concerning interpretation or administration of the provisions of this
chapter shall be heard by the Board of Construction Appeals. [Amd. Ord. 21-91 2/26/91]
tm(Al Amendments and Additions to Code. The following amendments and additions
are made to the Building Code adopted by this subchapter:
7101
Page 1 of 29
Section 7.1.3 (B)
Drawings and Snecifications: t~ n~ -~ (104.2.3)
_ _ ~ ~- ~-'~-' .---'! . .
(A) All drawings and specifications shall bear the appropriate seal of an engineer or
architect as required by State Statute Chapter 471 for engineers and State Statute Chapter 481 for
architects and Chapter 553 for threshold buildings.
(B) The drawings and specifications for any building intended for human use or
habitation with a value exceeding $25,000, except single-family residences and two-family
residences which are less than 3,000 square feet floor area, shall bear the seal of a registered
architect.
(104.2.5)
(A) Before a building permit shall be issued, the building department shall be supplied
with the following:
(1) Drawings to scale showing the location of the proposed building or structure and
any existing building or structure on the site or Int. Building permit applicants for developments
having had either conditional use or site and development plan approval shall submit two copies
of the approved site plan.
(2) A certified sketch prepared by a Florida registered land surveyor or a Florida
registered engineer, showing the boundary line survey of said lot or site and existing building
and/or structure, if any.
(3) Unity of title declaration. When it is found necessary in order to obtain a building
site of sufficient size and dimension to meet the minimum applicable yard requirements, setback
distances or lot area that separate lots, plots, parcels or portions thereof must be combined, added
or joined together, the applicant for such building permit shall first place on file or record as a
public document in the official records in the office of the clerk of the circuit court of Palm
Beach County, an instrument hereinafter referred to as a unity of title declaration. Such unity of
title declaration shall be in a form and content sufficient to unequivocally state that the aforesaid
combination of separate lots, plots, parcels, or portions thereof shall be regarded as unified under
one title as an indivisible building site. Where a unity of title has been recorded and the owner
abandons the project before utilizing the unity of title, the Chief Building Official is authorized
to release the unity of title.
(B) Before slab inspection or prior to framing, the building department shall be supplied
two certified sketches by a Florida registered engineer or surveyor, showing setback distances
from each property line to the stem walls or sills of the building or structure under construction.
7102
Exhibit "A" to Ord. #21-96 Page 2 of 29
Section 7.1.3 (B)
The building department shall also be fumished written certification from a Florida registered
engineer or land surveyor, stating that the top of the floor slab is above the one hundred-year
flood plain and a minimum of 18 inches above the crown of the road or measured to the bottom
of the wood joists will be a minimum of 18 inches above the crown of the road. Should the
property owner desire to set the floor elevation at less than 18 inches above the crown of the
road, but above the one hundred-year storm or National Flood Insurance minimum elevations,
then a variance may be granted by the city engineer or assistant city engineer if the applicant
provides a letter satisfactory to the city engineer or assistant engineer from an engineering firm
certifying the drainage conditions have been investigated, and the proposed floor elevation is
above the flooding level. To determine whether the proposed floor elevation is above the
flooding level, it must be shown that the structure has adequate drainage to ensure that flooding
will not occur in a one hundred-year storm. No wall, however, shall be constructed which would
exceed by over one foot the elevation of the floor slab before the stemwall survey has been
submitted to the building department.
(C) Any violations existing at this stage of construction must be corrected before the
construction may proceed and before other inspections are made.
Permits:x.vv~t' a~x (1 .... 04.5(A)) Add the following:
Work to be done by either a general contractor, residential contractor or building contractor as
appropriate, holding a current Florida State registration or certification and registered with the
City of Delray Beach, Florida. Nothing hereby shall prohibit homeowners from doing this work
in accordance with section 7.1.2.
Conditions of the Permit: t' n~ ~ (104.6~
(A) The building official shall act upon an application for a permit with plans as filed, or
as amended, without unreasonable or unnecessary delay. A permit issued shall be construed to
be a license to proceed with the work and shall not be construed as authority to violate, cancel,
alter or set aside any of the provisions of this code, nor shall such issuance of a permit prevent
the building official from thereafter requiring a correction of errors in plans or in construction, or
of violations of this code. Any permit issued shall become invalid (1) unless the work authorized
shall have been commenced within six months after its issuance, (2) unless 25% of the total cost
of the construction has been completed within one year after the date of the first city inspection
or (3) if the work authorized by such permit is suspended or abandoned for a period of six
months after the time the work is commenced. Grading and such improvements as streets,
sewers, and water mains are not included in the definition of construction.
7103
Exhibit "A" to Ord. #21-96 Page 3 of 29
Section 7.1.3 (B)
(B) The contractor shall submit an affidavit to the building official affirming that the 25%
rule has been complied with no later than 12 calendar months after the date of the first city
building inspection if a certificate of occupancy has not been issued. For cause, one or more
extensions of time, for periods not exceeding 90 days each, may be allowed in writing by the
building official.
Schedule of Permit Fees: (!07.d) (104.7.1)
(A) On all buildings, structures, or alterations requiring a building permit, a fee for each
building permit shall be paid as required at the time of filing application, in accordance with the
schedule as established herein.
(B) For new buildings, the value of construction for the purposes of calculating permit
fees shall be established by the building department from recognized sources, such as the latest
edition of the Eu ng
D..:IA:--~ t~^A~v~ t~ ....... t-,~,:^.~l :.... ,h~ e^..,~.~-- m.:,m-~ .D"s":""*:~",~ Means Cost
Estimating Publications.
(C) For additions, remodeling, or partial contracts, the building department will accept
signed contracts between the owner and contractor as evidence of construction costs or in lieu
thereof will determine costs using Means Cost Estimating Publications.
Compliance with Zoning Requirements: O419--~ (106.1.2(A)) A certificate of occupancy will
not be issued for any building or structure or portion thereof which fails to meet all applicable
zoning requirements.
Annlications: rqno 1) (Florida Accessibility Code] The requirements of this section shall apply
to all levels and areas of buildings and structures except as modified by ~;"~ eno
..... ~,,~, ..... ~, The Florida Accessibility. Code. and to all occupancy classifications except
group H-Hazardous and except single-family structures and duplexes of group R- Residential.
Refer to e~*:^~o*~-~-- -,,,-.'~ ~r~x.~e,~ the Florida Accessibility_ Code for application in the case of single-
family units and duplexes.
Interior Doors:~....~.t~n° ,~.~,~, (1 .... 012.1 (A~ All interior doors on floors in all dwelling units including
single-family units and duplexes which are otherwise accessible from ground level by ramp or
elevator, and hotel rooms and motel rooms on first floor only or floors serviced by elevators,
shall have a minimum of 29 inches clear opening, with the exception of storage rooms and
closets, to make units fully accessible to the handicapped and/or disabled.
7104
Exhibit "A" to Ord. #21-96 Page 4 of 29
Section 7.1.3 (B)
Roof Coverings: (706-) (1509) All materials for waterproofing coatings for sloping or flat roofs
shall be considered roof coverings in accordance with section 705. !. ! ~09.1 In Subsection 705.8
1509.8 add to Szzfizn !!2 cf SECCI 7 I Chapter 15, Standards for the Installation of Roof
Coverings.
Gutters and Leaders: t-,1 ,x (1508~
(A) Gutters and leaders hereafter placed on buildings other than one or two-family
dwellings, private garages, or buildings of Type VI, wood frame construction, shall be of
noncombustible material. (See section !n. 95 1208.2 for parapet wall relief opening
requirements.)
(B) The water from the roof of any building which would flow by gravity over a public
sidewalk shall be carried by means of conductors under the sidewalk and through the curb into
the gutter, provided, however, that if a storm sewer or catch basin is available, the building
official may require the roof drains be connected to the storm sewer.
Cooline Towers:
(A) Cooling towers in excess of 250 square feet in base area or in excess of 15 feet in
height, when located on buildings more than 50 feet in height in or out of the fire district, shall be
noncombustible construction; except that drip boards may be of wood not less than one inch
nominal thickness and the enclosing framework may be of wood, if covered on the exterior of the
tower with noncombustible material. Cooling towers shall not exceed one-third of the
supporting roof area.
(B) Positive provisions shall be made for adequate disposal of bleed water overflow and
maintenance draining or properly designed drywells. All cooling towers shall be sited or
constructed to prevent any nuisance due to spray, spatter, foaming, drainage or excessive noise or
the like onto any building, walk, alley, or street, or the public in general. When after erection
such nuisance is found in the opinion of the building official to occur, it shall be abated within a
period of 90 days.
Standoines Reauired: mcv~ a~ (904.3) Omit entire section.
_ _ _ k,~'-'~..-'! ,
7105
Exhibit "A" to Ord. #21-96 Page 5 of 29
Section 7.1.3 (B)
building.
7106
Exhibit "A" to Ord. #21-96 Page 6 of 29
Section 7.1.3 (B)
..... a ..... "be! :: ................... ~, ........ ~ in f ma:or~ whether
Mud Sills: (1708.4) Omit entire section:
Section 7.1.4 Building And Property. Maintenance: Hurricane Precautions:
(A) ~: For the purpose of this subchapter the following definition shall
apply unless the context clearly indicates or requires a different meaning.
(B) "Debris" Remains of anything broken down or destroyed, ruins, fragments,
rubbish, trash, waste material, litter, and rubble.
(C) Maintenance Of Buildin_e And Property_:
(1) i atOia :
(a) The requirements contained in this code and incorporated codes
covering the maintenance of buildings, shall apply to all buildings
or structures now existing or hereafter erected. All buildings or
structures and all parts thereof shall be maintained in a safe
condition and all devices or safeguards which are required by this
code shall be maintained in good working order.
(b) This division shall not be construed as permitting the removal or
non-maintenance of any existing devices or safeguards unless
authorized by the Building Official.
7107
Exhibit "A" to Ord. #21-96 Page 7 of 29
Section 7.1.4 (C)
(2) Property. No debris of any kind shall remain on any lot or on a contiguous
sidewalk or street resulting from a fire, windstorm, or from demolition or partial demolition of
any building; nor shall any equipment, excess building materials, storage sheds, or debris remain
on any lot, sidewalk, or street, upon completion of any new building upon the lot; nor shall any
equipment, materials, tool shed, or debris be stored on any vacant or partially vacant lot, except
as provided for in the zoning ordinances. It is hereby made the duty of the owner or his agent to
remove or cause to be removed from the sidewalk, street or lot all equipment, materials, tool
sheds, and debris within five days after written notice by the Building Official. For failure to
comply with this notice after the period of five days, the owner or permit holder is subject to the
penalties specified herein, the certificate of occupancy for the structure or structures may be
revoked and the Building Official shall have the work done and public property restored and
shall notify the legal authority, who shall institute the necessary action to have the costs placed as
a lien against the property.
(D) Hurricane Precautions: Investigations And Inspections:
(1) ltllrricane Precautions:
(a) During the periods of time designated by the United States
Weather Service as a hurricane warning or alert, the owner,
occupant, or user of a property shall take precaution for the
securing of buildings and equipment. Canvas awnings and swing
signs shall be lashed to rigid construction, tents shall be taken
down and stored or lashed to the ground, and other precautions
shall be taken for the securing of buildings or structures or material
or equipment as may be reasonably required.
(b) During the periods of time designated by the United States
Weather Service as a hurricane warning or alert, all construction
materials or equipment shall be secured against displacement by
wind forces; provided that where a full complement of personnel is
employed or otherwise in attendance, or engaged for protection
purposes, normal construction procedures, or uses of materials or
equipment may continue allowing a reasonable time as may be
necessary to secure the materials or equipment before winds of
hurricane force are anticipated. Construction materials and
equipment shall be secured by guying and shoring, by tying down
loose materials, equipment, and construction sheds.
7108
Exhibit "A" to Ord. #21-96 Page 8 of 29
Section 7.1.4 (D)
(c) During the periods of time designated by the Untied States
Weather Service as a hurricane alert, all furniture, display racks,
material, and similar loose objects in exposed outdoor locations
shall be lashed to rigid construction or stored in buildings. Orders
shall be oral or written and shall be given to any person on the
premises most logically responsible for maintenance and the orders
shall be carded out before winds of hurricane velocity are
anticipated.
(2) Special Hurricane Inspections:
(a) After winds of hurricane velocity are experienced and have
subsided, the Building Official shall investigate to determine if
damage has occurred to buildings or other structures.
(b) No building or other structure or assembly or part thereof
which was damaged or collapsed or forced out of plumb or line
shall be repaired or altered or otherwise returned to its original
position without inspection and approval by the Building Official
or his designated representative.
Section 7.1.5 Numbering Of Building And Structures:
(A) Division Of City_ Into Sections: The City is hereby divided into four sections,
namely, northeast, northwest, southeast, and southwest. The focal point and dividing lines for
the directional segregation of the City shall be the intersection of Atlantic Avenue and Swinton
Avenue. That section which is bounded by North Swinton Avenue on the east and west Atlantic
Avenue on the south is designated as the northwest section. That section which is bounded by
North Swinton Avenue on the west and east Atlantic Avenue on the south is designated as the
northeast section. That section which is bounded by South Swinton Avenue on the east and West
Atlantic Avenue on the north is designated as the southwest section. That section which is
bounded by South Swinton Avenue on the west and East Atlantic Avenue on the north is
designated as the southeast section.
(B) System For Numbering Buildings Established:
(1) Any building located on property lying adjacent to the avenues (except
Atlantic Avenue) or other roadways in the City and which face east, shall have even numbers and
any of the buildings facing west shall have odd numbers; any building located on property lying
adjacent to streets or other roadways including Atlantic Avenue, in the City, and facing north
shall have even numbers; and any building facing south shall have odd numbers.
7109
Exhibit "A" to Ord. #21-96 Page 9 of 29
Section 7.1.5 (B)(2)
(2) Any avenue, street, road, lane, alleyway, court, terrace, boulevard, or other
roadway running in a diagonal direction from the focal point, of Swinton Avenue and Atlantic
Avenue shall have even numbers on the southerly side, and shall have odd numbers on the
northerly side.
(3) Using the dividing lines of Swinton Avenue and Atlantic Avenue, numbers of
buildings in each section of the City shall start with the number 1 for the first 25 feet, and shall
have the next higher number (odd or even as the case may be) for each additional 25 feet going
away from the focal point; at each block intersection thereafter, going away from the focal point,
building numbers shall be the sum of one for the first 25 feet and shall have the next higher
number (odd or even as the case may be) for each additional 25 feet plus 100 for each grid
intersection. Numbers will increase by 100 when the grid system would pass that point if
extended.
(4) Any building located in the rear of any other building which faces an avenue,
street, road, lane, alleyway, court, terrace, boulevard, or other roadway, shall take the number of
the front building and add one-half.
(5) Numbering east of the Intracoastal Waterway shall begin with the number
1000 at Venetian Drive. At Seabreeze and Gleason the numbers will run from 1100 to Andrews
Avenue on the north and Bronson Street on the south of Atlantic Avenue. From those points to
the ocean the numbers shall mn from 1200.
(6) For the purpose of this section Atlantic Avenue shall be intended to mean all
that part of State Road No. 806 lying within the corporate limits of this City.
(C) Proper Display Of Building, Bay, or Suite Numbers: The owners of all
properties having a building thereon shall install and maintain in a conspicuous place a correct
street number of sufficient size, shape, and character as to be visible and readable from the
adjacent street. The owners of all properties where any building is subdivided into suites or bays,
shall install and maintain in a conspicuous place, a correct suite or bay designation. The suite
and bay designations shall be of sufficient size, shape and character as to be visible and readable
from the adjacent street. Street numbers, and suite or bay designations not meeting the
requirements of this section shall be removed by the owner of the property on which the
numbers, and suites or bay designations are located, and the numbers or designations meeting the
requirements of this section shall be posted, within 30 days after notice by certified or registered
mail. [Amd. Ord. 26-92 8/11/92]
(D) Map Reflecting Building Numbers To Be Maintained: The Chief Building
Official shall establish and maintain a map of the city, reflecting the numbers on buildings as
hereinabove provided.
7110
Exhibit "A" to Ord. #21-96 Page 10 of 29
Section 7.1.6
Section 7.1.6 Threshold Buildings:
(A) Definitions: For the purpose of this section, the following definitions shall apply
unless the context clearly indicates or requires a different meaning.
(1) "Special Inspector" In accordance with F.S. 553.79(5)(b), an individual:
(a) m.:,a:.~ c,c,~;~,~ n ::^~:~':~n ..c F!or':~a; Certified in accord~ce
~th Dep~ment of Business ~d Professional Regulations. Florida
Statute 468. P~ XVII.
r~x c~,,+~ n,,;~:-~ ~ Congress Inte~at~a!;
~(b) Licensed or Registered Under Florida Statutes: Chapter 471 as ~
Engineer or Chapter 481 as ~ Mchitect;
(2) "Threshold Building"
(a) In accordance with F.S. 553.71, any building or structure which
meets either of the following criteria:
(b) Is greater than three stories or 50 feet in height;
(c) Has an assembly occupancy classification that exceeds 5,000
square feet in area and an occupant content of greater than 500
persons.
(3) Alterations or additions to existing buildings which by themselves satisfy
any of the standards for a "Threshold Building" are subject to this subchapter. This subchapter
is also applicable to structures not intended for human occupancy such as transmission towers,
antennae, signs, and the like.
(B) Special Inspection Services: Procedures: In accordance with F.S. 553.79(5)(a),
which requires that a special inspector be present at the construction of and inspect the structural
components of a threshold building pursuant to a structural inspection plan prepared by the
engineer or architect of record, and shoring and reshoring plan as accepted by the Building
Official:
(1) The Building Official shall not issue a building permit for a structure which
meets the criteria for designation as a threshold building until the following documents have
been filed with the Building Department.
7111
Exhibit "A" to Ord. #21-96 Page 11 of 29
Section 7.1.6 (B)(1)
(a) A copy of the written agreement between the owner and the special
inspector retaining the special inspector to provide services as
described in subsection 7.1.6(C) and required by any provision of
this section.
(b) Special inspectors preconstruction affidavit as set forth in
subsection 7.1.6 (D).
(c) A copy of the special inspectors professional liability insurance
policy in an amount not less than $5,900,000 500.000 to cover all
liability arising from the activities and responsibilities of the
special inspector in connection with the proposed project.
(d) A structural inspection plan prepared by the engineer or architect
of record must be submitted to and approved by the Building
Official. The structural inspection plan shall provide inspection
procedures and schedules so that the building can be adequately
inspected for safety in compliance with permitted documents. The
structural inspection plan shall also provide for inspection to
determine conformity with all shoring and reshoring plans
submitted to and accepted by the Building Official.
(2) The Building Official shall issue a stop work order upon notification that the
special inspector has terminated his employment on the project and further work will not be
permitted until a new special inspector's preconstruction affidavit with proof of insurance has
been properly filed with the Building Department. In the absence of the notification, the
Building Department shall not be responsible for ascertaining whether a special inspector
continues to be employed. However, if the owner is unable to provide an affidavit of compliance
as set forth in subsection 7.1.6(E) at the completion of the project, the Building Department, in
compliance with division (C) of this section, will be unable to issue a certificate of occupancy.
(3) The Building Official shall not issue a certificate of occupancy for any
threshold building unless a special inspector's affidavit of compliance is on file for all
components shown on the structural inspection plan and on the shoring and reshoring plans. The
form of the affidavit of compliance is set forth at subsection 7.1.6(E). The Building Official
shall rely solely upon the affidavit of compliance regarding the structural components set forth in
the structural inspection plan and in the shoring and reshoring plans for purposes of issuing a
certificate of occupancy. Although the Building Department may keep on file for purposes of
public information, the special inspector's inspection reports, those reports need not be consulted
by the Building Official for purposes of issuing a certificate of occupancy.
7112
Exhibit "A" to Ord. #21-96 Page 12 of 29
Section 7.1.6 (C)
(C) Responsibility_ Of Owner To Retain Special Inspector:
(1) It shall be the responsibility of the owner to retain a special inspector to
inspect the structural components of the threshold building in accordance with the structural
inspection plan prepared by the engineer or architect of record and to inspect the shoring and
reshoring plans.
(2) The owner shall execute a written agreement with the special inspector
which sets forth the terms of employment, provides for adequate compensation, and which
requires the special inspector to comply with the following requirements:
(a) Have in force at all times during the inspector's contract with, or
employment as, a special inspector on the threshold building,
professional liability insurance in an amount not less than
$500,000 covering all liability arising from the employment and
duties of the special inspector.
(b) Complete the special inspectors preconstruction affidavit as set
forthin subsection 7.1.6(D).
(c) Be present at the construction of, and inspect, the structural
components of the threshold building in accordance with the
structural inspection plan prepared by the engineer or architect of
record as well as the shoring and reshoring plans. The licensed
architect or registered engineer serving as the special inspector
shall be permitted to send his duly authorized representative to the
job site to perform the necessary inspections provided that all
required written reports shall be prepared by and bear the seal of
the special inspector and that these written reports shall be
submitted to the enforcement agency.
(d) Maintain adequate written records of each inspection indicating the
name of the inspector, the date of inspection, the job site, the part
of the structure prepared for placing, details on the actual placing
operation, the materials used, whatever tests were conducted,
information on curing, and whatever other information the special
inspector deems necessary to show compliance or lack of
compliance with the structural inspection plan and the shoring and
reshoring plans. The owner shall require the special inspector to
file copies of reports in accord with the directions of the Building
Official, but in any event copies of all inspection reports shall be
filed at the completion of the inspector's employment on the
project.
7113
Exhibit "A" to Ord. #21-96 Page 13 of 29
Section 7.1.6 (C)
(e) Complete the special inspector's affidavit of compliance as set
forth in subsection 7.1.6(E) at the termination of the project, or the
termination of the special inspector's employment on the project
whichever occurs first.
(f) In the case of termination of the inspector prior to the completion
of the project, the employment agreement shall require the special
inspector to:
(1) Immediately notify the Building Department in writing of
his termination;
(2) Complete an affidavit of compliance for those portions of
the structural components which he has inspected and
which have been found to be in compliance;
(3) Submit a true copy of reports on any and all inspections
made on the threshold building to the Building Department.
(3) The owner may retain more than one special inspector during the course of the
project. But, in any event the owner must be able to document to the Building Department by
special inspector's affidavit of compliance that the structural components of the building have
been inspected as set forth in the structural inspection plan and shoring and reshoring plans and
have been found to be in compliance with specifications, plans, and applicable building codes.
(4) Should the owner fail to comply with any requirement of this section, the
Building ~ Official may, as appropriate, deny a building permit for the threshold
building, issue a stop work order on any or all phases of construction, deny a certificate of
occupancy.
(D) Preconstruction Affidavit:
In accordance with subsection 7.1.6(B)(1) and (2) of this article, the owner shall require
each individual or firm retained to provide services as a special inspector on a threshold building,
to complete a special inspectors preconstruction affidavit which shall be filed with the Building
Department and shall be in the following form:
7114
Exhibit "A" to Ord. #21-96 Page 14 of 29
Section 7.1.7
I, (name) , hereby swear that I am a (professional qualification). .,
therefore qualified to be a special inspector for (name of building or project)
under Florida Statute 553.79(5)(b) which requires that a special inspector be a person certified,
licensed or registered under Florida Statute, Chapter 471 as an engineer or Florida Statute,
Chapter 481as an architect, and qualified by the State Board of Building Codes and
Standards.
I further declare that I have adequate knowledge and training to inspect, determine, and evaluate
the structural components of the threshold building for safety and to verify in accordance with
the structural inspection plans that they comply with permitted documents as well as shoring and
reshoring plans. I also state that I am not an employee of the general contractor nor any
subcontractor and neither are any special inspectors working under my direction.
I agree to be present, or to have a representative under my supervision and direction qualified to
make inspections on my behalf present, in conformity with the structural inspection plan and as
needed for determining compliance with shoring and reshoring plans, to conduct required
inspections, and to keep a written report of the inspection. The report shall set forth in detail any
lack of compliance with plans, specifications, or applicable Minimum Building Codes. I agree to
file reports in accordance with the directions of the Building Official. I understand that I shall be
permitted to send a duly authorized representative to the job site to perform the necessary
inspection provided that all written reports shall be prepared and bear my seal and that such
written reports will be submitted to the Building Official.
I understand that I will be required to file a second affidavit at the completion of the project
which shall state that I was present and inspected all, or in some cases certain enumerated,
structural components of the building as required by the structural inspection plan and shoring
and reshoring plans and deem them to be safe and find that the materials and workmanship
comply fully with the plans, specifications and applicable Minimum Building Codes.
I understand that my affidavit shall be relied upon completely by the City of Delray Beach in
issuing a Certificate of Occupancy.
If my (our) employment as a special inspector on this project terminates prior to completion for
any reason, I agree to turn over to the Building Department a copy of my written reports on
whatever structural components I have inspected or supervised the inspection of, up to the time
of my termination.
I understand that the City of Delray Beach, Florida has no obligation to compensate me for my
services as a special inspector, or to determine the amount of my compensation. I also
understand that I am neither an employee nor an agent of the City.
I have in force at this time professional liability insurance in an amount not less than $500,000 to
cover all liability arising from my (our) employment and duties as a special inspector on this
project. I agree to hold harmless, save, indemnify and defend the City of Delray Beach from all
liability arising out of my obligations, actions, failure to act and employment on this project.
7115
Exhibit "A" to Ord. #21-96 Page 15 of 29
Section 7.1.7
(E) Affidavit Of Compliance:
(1) In accordance with subsection 7.1.6(B)(3) owner shall require each individual
or firm retained to provide special inspection services on the threshold building to complete a
special inspector's affidavit of compliance on any and all structural components which the special
inspector has inspected and has found to be in conformity with plans, specifications, and
applicable minimum building codes. The form of the special inspector's affidavit of compliance
shall be as follows:
I, (name) , being a (professional qualification) and therefore
qualified under Florida Statute 553.79 to be a special inspector for the purposes of inspecting the
structural components of the threshold building pursuant to the structural inspection plan on file
with and accepted by the building department and the shoring and reshoring plans which have
been accepted by the building department hereby swear that I, or my duly authorized
representative have been present during the construction of and inspected the structural
components of this building as required by the structural inspection plan and certify that the
materials and workmanship of all such components have been safely constructed and comply
fully with permitted documents and applicable Building Codes.
(2) A certificate of occupancy will not be issued until a sworn-to special
inspector's affidavit of compliance is on file for all items included in the structural inspection
plan as well as the shoring and reshoring plan.
(F) Submission Of Proposal To Install Alternate Structural Product Or System
Required: Any proposal to install an alternate structural product or system to which building
codes apply, shall be submitted to the Building Official for review for compliance with the codes
and made part of the Building Department's recorded set of permit documents.
(G) Shoring And Reshoring Installation: All shoring and reshoring procedures,
plans, and details shall be submitted to the Building Department for recordkeeping. Each
shoring and reshoring installation shall be supervised, inspected, and certified to be in
compliance with the shoring documents by the contractor.
(H) Plans To Comply With Applicable Minimum Building Co{les: All plans for
threshold buildings and structures required to be signed and sealed by the architect or engineer of
record shall contain a statement that, to the best of the architect's or engineer's knowledge, the
plans and specifications comply with the applicable minimum building codes.
7116
Exhibit "A" to Ord. #21-96 Page 16 of 29
Section 7.1.7
(I) Permit To Be Issued To Licensed General Contractor: The Building
Department shall not issue a building permit for construction of any threshold building except to
a licensed general contractor as defined in F.S. S 489.105(3)(a) or a licensed building contractor,
within the scope of his practice, as defined in F.S. S 489.105(3)(b). The named contractor to
building permit is issued shall have the responsibility to supervise, direct, manage, and control
construction activities on the project for which the building permit is issued.
Section 7.1.7 Seawalls:
(A) Permit Required; Approval: Prior to the erection, construction, or alteration of
any seawall or bulkhead, there shall first be submitted to the Chief Building Official an
application in the form prescribed by the City, contai~ng detailed plans and specifications for
the structure at the proposed site, together with a plot plan showing the location of the proposed
structure or alteration in conjunction with adjoining lands, waters and channels. The above shall
be prepared and sealed by a registered professional engineer registered in the State of Florida.
As built drawings and final certification of completion and compliance to said engineer's
design shall be submitted to the City before the City's final acceptance. No permit shall be
issued for the construction until reviewed and approved by the Chief Building Official. No
permit fees shall be required in addition to the permit fees otherwise required by this subchapter;
however, a separate permit shall be required and will be issued on a no fee basis. No permit shall
be required for minor repairs to e×isting seawalls or bulkheads.
(B) Application Contents: Application for a permit under this section shall recite the
full name, residence or business address of the owners, the address or location of the premises
upon which the structure is to be erected, constructed, or altered, the cost of the proposed work,
and the address of the contractor or other person authorized by the owner to perform the
contemplated work.
(C) Contr~actor Responsible For Permit: In addition to the duty herein imposed on
the owner, it shall also be unlawful for any person authorized by the owner to perform the
contemplated work to perform same until the permit has been issued.
7116
Exhibit "A" to Ord. #21-96 Page 17 of 29
Section 7.2.1
ELECTRICAL CODE
Section 7.2.1 General Provisions
(A) Definitions: For the purpose of this chapter the following definitions shall apply unless
the context clearly indicates or requires a different meaning.
(1) Electrical Construc~j0n: All work and material used in installing, maintaining,
and extending a system of electrical wiring for lights, heat, or power, and all appurtenances thereto;
and all apparatus or equipment used in connection therewith, inside of, or attached to any building,
lot or premises, done by licensed electricians, public utilities companies, or firms, corporations, or
individuals.
(2) Electrical Contractor: A person engaging in the business of electrical
contracting. The individual in charge of the electrical installations for that person shall have passed
the Department of Professional Regulation or the county competency test and registered same with
the state or have passed the state certification examination.
(3) Licensed Sign Electrician: A person who possesses the necessary
qualifications, training, and technical knowledge to plan, build, layout, and supervise the installation
of all types of electrical signs.
(B) l~l¢ctrJcal Code Adopted By Reference: Except as in this chapter otherwise provided,
all electrical construction and all material and appliances used in connection with electrical work
and the operation of all electrical apparatus within the city shall conform to the rules and regulations
of the National Electrical Code, -1-08-7 1993 edition, as recommended and published by the National
Fire Protection Association for the installation of wiring and electrical apparatus for electrical
purposes, of which copies are on file in the office of the City Clerk, which rules and regulations are
adopted and made a part of this Chapter as fully as if set out in length herein; provided that the rules
and regulations of the National Electric Code are not in any respect in conflict with the provisions of
this chapter, this code, the laws of the state, or subsequent ordinances and resolutions of the city. If
a later edition of this code or subsequent amendments are made to the applicable minimum code,
then those revisions or amendments shall automatically become the adopted code under this chapter.
(C) Licensed Electrician Permitting Misuse Of Name: No licensed electrician shall
allow his name to be used by any person or party, directly or indirectly, either for the purpose of
obtaining a permit or to do any work under his license.
7201
Exhibit "A" to Ord. #21-96 Page 18 of 29
Section 7.2.2
Section 7.2.2 Permits And Inspections
(A) Permit Required:
(1) A permit shall be required to do any electrical construction of any character,
install any electrical wiring, apparatus, or equipment, or make any extensions or any changes to
existing wiring systems for light, heat, or power within, or attached to, any building. The Electrical
Inspector shall be notified promptly by the contractor of the repairing of damaged or broken
fixtures, apparatus, or equipment, and of ordinary work for the maintenance of the same.
(2) Not more than one permit shall be issued for any one job at any one time.
(B) Issuance Of Permits To Licensed Electricians: Permits to do electrical work will be
issued licens d el icians only '-'~'~ ~'~" *' ..... ~-~" ~"~ ~' .... c ~..,o: ........~.~ ...... .~
to e ectr , ................... v ............... , ........ ,
~,.~u ,. ........ u~.~ ...;+~. n, ..... :~; ....c ,r.:~ .~_+~. holdin a current Florida State registrati
................ v ............ e ..................... v,,-- g on
or certification and registered with the City of Delray Beach, Florida.
(1) The plans shall show the outline of the total floor area, the square feet of the
building under consideration, the point at which the service connection is to be made with the public
utility or isolated plant, or with another building, the size of service and subfeeder wires, the
location of service switches and center, or centers, of distribution, and the arrangement of circuits
showing the number of outlets connected thereto, together with location and size of all appliances,
motors, and space heating units.
(2) The plans must be stamped approved by the Building Official or his duly
authorized representative before the building permit or the electrical permit can be obtained and
before any electrical work can be started. All blueprints or drawings of this nature are filed in the
office of the Building Official for safekeeping and future reference.
(3) The installation of the wiring, apparatus, or equipment for light, heat, or power,
within or attached to any building or premises, whether for private or public use, must be done in
accordance with the plans and specifications submitted as described in this chapter.
(4) Any changes or omissions in the wiring system shown on the plans must be
made by the owner in the form of a letter setting forth the changes and accepting the responsibilities
for the changes. This letter must be addressed to the Building Official or his authorized assistants
and shall be filed in his office.
7202
Exhibit "A" to Ord. 921-96 Page 19 of 29
Section 7.2.2 (C)
(C) Change-out permit fees: The provisions of Section 7.1.3, Building Code, subsection
104.7.1 regarding change-out permits, shall also be applicable to this article.
(D) Notices Calling For Inspection, Approval:
(1) When the electrical work in any building for which a permit has been obtained is
completed, the permit holder shall noify the office of the Electrical Inspector, and request an
inspection giving the name of the owner, his street address, the lot and block number on which the
building is located, as well as the permit number.
(2) After the entire completion of the work, a notice the same as the foregoing shall
be given the Electrical Inspector for final inspection, and if the Electrical Inspector finds that the
work has been done in a satisfactory manner, he shall indicate approval by indicating approved and
signing the job record card and office record card for the permit.
(E) Time For Making Inspection: The Electrical Inspector will have the work inspected
and tested within 48 24 hours from the time of filing proper notice, (Saturdays, Sundays, and
holidays excepted) in a way necessary to satisfy himself that the work has been installed in a proper
manner, and in accordance with the provisions of this chapter. In large and complicated jobs, the
work may be inspected and tested in sections.
(F) Final Inspection And Approval: Covering Uninspected Work:
(1) Upon making an inspection of any electrical wiring or equipment, and the same
is found to have been installed in a satisfactory manner and in accordance with the provisions of this
chapter, the Electrical Inspector shall place a notice at service switch, or other suitable place, stating
that the electrical work has been inspected and found to be in accordance with the rules as
prescribed, and provisions of this chapter.
(2) It shall be unlawful to lath, ceil, or in any manner conceal, any electrical wiring
or equipment until the same has been inspected and a notice posted as herewith required.
(G) Using Uninspected Apparatus: It shall be unlawful for any person to use any
electrical current in, or through, any wiring apparatus or fixtures for lights, heat, or power in, or on,
any building, structure, lot, or premises within the city without having first received written
approval from the Electrical Inspector to furnish current for that wiring, apparatus, or fixtures. The
approval shall be given by the Electrical Inspector at any time after the certificate hereinafter
provided shall have been issued.
7203
Exhibit "A" to Ord. #21-96 Page 20 of 29
Section 7.2.2 (H)
(H) Temporary_ Permission To Furnish Current:
(1) The Building Official or his authorized assistants may, before a certificate of
final approval is issued, give temporary permission to connect and furnish electric current to any
wiring, apparatus, or fixtures for a period of not exceeding 30 days, if in his opinion, that wiring,
apparatus, or fixtures are in a condition that current may be safely connected therewith, and there
exists an urgent necessity for such usc, when written application is filed with him requesting
permission.
(2) The person or company requesting temporary electrical power shall sign an
affidavit stating that it is understood that the service is temporary and may be disconnected upon 48
hour notice at the expiration of the temporary period upon the request of the Building Official. The
Building Official may at his option extend the temporary power for an additional 30 day time
period. The Building Official shall have the authority to order the power company to disconnect its
service wires from any building, structure, lot, or premises when the time period has expired.
Section 7.2.3 Technical Requirements:
(A) Special Regulations:
(1) The service for a store shall be a minimum 1-1/2-inch raceway, 100 ampere
capacity, 4w 115/230 v, single-phase.
(2) Conductors in commercial buildings from meter to panelboards shall be a
minimtun 100 ampere capacity, 3w 115/230 v, single-phase installed in 1-1/4 inch raceway.
(B) Various Services:
(1) Approved rigid metal conduit or electrical metallic tubing required for certain
types of buildings. Approved galvanized rigid metal conduit, electrical metallic tubing, or approved
rigid nonmetallic conduit with metal detector strip shall be required, except as hereinafter provided,
for all wires used to conduct current for lights, heat, or power in thc wiring of new buildings, the
rewiring of old buildings and in installation of new wiring in old buildings, or additions thereto,
within the fire limits of the city, as they now are, or may be hereafter established, and in apartment
houses to be occupied by three families or more, or where three or more dwelling units are on the
same lot; in churches, schools, hotels, theaters, public buildings, commercial buildings,
manufacturing establishments, unfinished basements, and all garages of three cars or more, public or
private, outside of the fire limits, but within the city limits.
7204
Exhibit "A" to Ord. #21-96 Page 21 of 29
Section 7.2.4
(2) Service wires from the outside of a buildings. Overhead service entrance
conductors must be installed in rigid metal conduit or as approved by the Electrical Inspector.
Direct buried service is permitted for Florida Power utility company. The direct buried service shall
be installed and maintained at a minimum depth of not closer than 24 inches to the surface of the
ground. This service shall be restricted to single-family and duplex dwellings only. All service
shall be installed, operated, and maintained by a public utility company or communication
company. No direct buried cable shall be installed under any construction unless in conduit and in
conformance with the National Electrical Safety Code. (Exception: aluminum conductors are
prohibited).
Section 7.2.4 lladio And Television Antennae:
(A) Permits Required: It shall be unlawful to install or substantially alter any radio or
television antenna on the exterior of any building without having first obtained a permit therefor
from the Electrical Inspector.
(B) permit Fees: The fee for permits required by this subchapter shall be $30 except that
reinspections caused by: condemned work; work or corrections not ready for inspection at the time
specified in the application for inspections; incorrect address being on the application by action of
the applicant shall be subject to a reinspection fee of $25.
(C) Installation Specifications: The following specifications shall apply to all television
and radio antenna installations:
(1) Masts and towers shall be of corrosion-resistant material and approved type.
When a mast or antenna is installed on a roof, it must be supported on its own platform and securely
anchored with guy wires.
(2) Guy wires shall be of corrosion-resistant material and when anchored into
masonry, shall be mounted with lead anchors or lead expansion shields.
(3) Transmission lines must be of approved type, and must be kept at all times free
from electric and telephone wires and must be so secured that they cannot swing closer than two
feet to power lines carrying 250 volts or less, or closer than ten feet to lines carrying over 250 volts.
(4) Guy Wire Interval: Guy wires shall be placed at intervals close enough to
guarantee support sufficient to withstand hurricane winds.
7205
Exhibit "A" to Ord. #21-96 Page 22 of 29
Section 7.2.4 (C)
(5) Guy Wire Spacing: Minimum spacing for guy wires shall be as follows:
(a) Two-inch pipe every 20 feet in three directions;
(b) 1-1/2-inch pipe every 15 feet in three directions;
(c) One-inch pipe every ten feet in three directions.
(6) ~..0..llKfli~: Every mast or antenna shall be permanently grounded by approved
methods.
(7) Mast Restriction: No mast for the support of antennas shall be erected within
the distance of its height plus six feet of any wires operating in excess of 600 volts, unless the
antenna is lower than the wires operative in excess of 600 volts or by written consent of the
Building Department.
(D) Inspection: Correction Of Faulty_ Installations: All outside antennas for television
receiving apparatus or equipment maintained and in use within the city shall be subject to inspection
by the Electrical Inspector, and when the installation of an antenna is found to be in a dangerous or
unsafe condition, the person owning, using, or operating the same shall be notified in writing and
shall make the necessary repairs or changes required to place such installation in safe condition and
have that work completed within 30 days or any longer period specified by the electrical inspector
in the notice. After completion or repairs, the Electrical Inspector shall be notified. The Electrical
Inspector will then perform a final inspection to determine that repairs or corrections have been
completed. However, in the event subsequent inspections are required, the reinspection fee
hereinabove specified shall be paid.
(E) Enforcement By Electrical Inspector: Permits for antenna installations shall be
obtained from the office of the Electrical Inspector. All installations shall be inspected by the
Electrical Inspector.
Section 7.2.5 Administration And Enforcement:
(A) ,4uthority Of Building Officials And Inspectors: The Building Official and his
authorized assistants shall have the authority to issue permits for, and inspect, all electric wiring,
apparatus, or equipment for lights, heat, and power,inside of, or attached to, any building, structure,
lot, or premises within the limits of the city, and may enforce the laws, rules, and regulations
relating to same, and to exercise a general supervision over all electrical construction.
7206
Exhibit "A" to Ord. #21-96 Page 23 of 29
Section 7.2.5 (B)
(B) Inspection Of Unsafe Conditions; Disconnection:
(1) The Building Official and his authorized assistants are empowered to inspect or
reinspect, at his option, all interior or exterior wiring and apparatus, conducting or using electrical
current for lights, heat, or power. When the conductors or apparatus are found to be unsafe to life or
property, the Building Official shall notify the person owning, using or operating them, to place the
same in a safe and secure condition within 48 hours, or such additional time as the Inspector shall
determine is necessary. After the receipt of the notice, any person using such unsafe wiring or
apparatus shall be guilty of a violation of this code.
(2) The Building Official and his assistants are given authority to order the power
company to disconnect its service wires from any building, structure, lot, or premises, containing
any electrical installation which the Electrical Inspector shall consider defective.
(3) The Building Official and his assistants are given the power to disconnect
extension cords, temporary wiring, branch circuits, switch feed conductors, or the main service
supplying electrical energy to any portion of an electrical wiring system, on or in buildings, or on
premises, if this wiring is deemed by the Inspector to be hazardous to life or property.
(C) Interfering With Enforcement: It shall be unlawful for any person to hinder or
interfere with the City Electrical Inspector or any of his deputies, in the discharge of their duties
under this chapter.
7207
Exhibit "A" to Ord. #21-96 Page 24 of 29
GAS CODE
Section 7.3.1 Adoption by Reference: The 4-988 1994 edition of the Standard Gas Code,
together with the revisions thereto, as compiled by Southern Building Code Congress
International, Inc., of which not less than three copies have been and are now filed in the office
of the City Clerk, is hereby adopted and incorporated as fully as if set forth at length herein. The
provisions therein shall be controlling in the use, maintenance, and occupancy of all dwelling
units or structures within the area of jurisdiction of the city. If a later edition of this code or
subsequent amendments are made the applicable minimum code, then those revisions or
amendments shall automatically become the adopted code under this chapter.
Section 7.3.2 Amendments and Additions to Code:
Section 110. Permits. Add the following: Work to be done by a licensed plumber or
certified liquid petroleum contractor, as appropriate, holding a current Florida state registration
or certification and registered with the City of Delray Beach, Florida. Nothing hereby shall
prohibit homeowners from doing this work in accordance with section 7.1.2.
7301
Exhibit "A" to Ord. 921-96 Page 25 of 29
Section 7.4.1
HOUSING CODE
Section 7.4.1 Adoption By Reference: With the exception of those sections repealed in section
7.4.2 the 4-988 1994 edition of the Standard Housing Code, together with the revisions thereto, as
compiled by Southern Building Code Congress International Inc., of which not less than three
copies have been and are now filed in the office of the City Clerk, is hereby adopted and
incorporated as fully as if set forth at length herein. The provisions therein shall be controlling in
the use, maintenance, and occupancy of all dwellings, dwelling units, or structures within the area of
jurisdiction of the city. If a later edition of this code or subsequent amendments are made the
applicable minimum code, then those revisions or amendments shall automatically become the
adopted code under this chapter.
Section 7.4.2 Amendments And Additions To Code: Sections 106 and 107 of the above referred
to Standard Housing Code, pertaining to the Housing Board of Adjustments and Appeals, are
hereby repealed.
7401
Exhibit "A" to Ord. #21-96 Page 26 of 29
MECHANICAL CODE
Section 7.5.1 Adoption by Reference: The 4-988 1994 edition of the Standard Mechanical
Code together with the revisions thereto is hereby adopted as the Mechanical Code for the city
except for section 196.2 104.7, Schedule of Permit Fees, and except as amended herein. If a later
edition of this code or subsequent amendments are made the applicable minimum code, then
those revisions or amendments shall automatically become the adopted code under this chapter.
Section 7.5.2 Amendments and Additions to Code:
(A) Section 104.1. Application for Permit. Add the following
Work to be done by a licensed mechanical contractor holding a current Florida
state registration or certified mechanical license and registered with the City of Delray Beach,
Florida. Nothing hereby shall prohibit homeowners from doing this work in accordance with
section 7.1.2.
(c) Change-out permit fees. The provisions of Section 7.1.3, Building
Code, subsection 104.7.1 regarding change-out permits, shall also be applicable to this article.
(B) Section 110 of the above referred to Standard Mechanical Code, pertaining to the
Standard Mechanical Code Board and Appeals, is repealed.
Section 7.5.3 Permit Fees: The permit fees to be charged for the type of work covered by the
Standard Mechanical Code shall be based upon the total cost of the work being performed,
including installation.
7501
Exhibit "A" to Ord. #21-96 Page 27 of 29
Section 7.6.1
PLUMBING CODE
Section 7.6.1 Adoption By Reference: The 49gg ! 994 edition of the Standard Plumbing Code
together with the revisions thereto as compiled by the Southern Building Code Congress
International, with supplements, amendments, additions thereto, and any revisions thereof, as
amended by the city, is hereby adopted as the Plumbing Code for the city. If a later edition of this
code or subsequent amendments are made the applicable minimum code, then those revisions or
amendments shall automatically become the adopted code under this chapter.
Section 7.6.2 Amendments And Additions To Code: The following amendments and additions
are hereby made to the Plumbing Code adopted by this chapter:
Action on Aonlication: ~ nt n, ~ (104.1~ Add the following:
Work to be done by a licensed plumbing contractor holding a current Florida state
registration or certified plumbing license and registered with the City of Delray Beach, Florida.
Nothing hereby shall prohibit homeowners from doing this work in accordance with section 7.1.2.
(c) Reinspections: A fee of twenty-five dollars ($25.00) will be charged for each
reinspection by the plumbing inspector made necessary due to the working being condemned, not
being ready or corrected at the time specified in the application for inspection or incorrect address
being on the application by the action of the applicant.
Prohibited Tram: ~n~ ~x (1001.5]
(a) No trap which depends for its seal upon the action of movable parts shall be used.
(b) Tubular traps less than 17 gauge are prohibited.
7601
Exhibit "A" to Ord. #21-96 Page 28 of 29
Section 7.6.2
~:
(a) Cleanouts shall be not more than fifty (50) feet apart in horizontal drainage lines of four
(4) inches nominal diameter or less and not more than one hundred (100) feet apart for larger pipes.
Line cleanouts which may be rodded both ways shall be used whenever possible.
(b) A cleanout, four (4) inches minimum, must be installed in every sewer line within two
(2) feet of the property line. It shall be extended flush with the ground level. If in a parking area or
such, it must be boxed-in with a cover or protected.
General: -(¢32~ (407.1)
(a) A pan shall be underneath water heaters installed above the first floor of any structure.
A drain of not less than three-fourth-inch opening shall also be provided. Pan shall not have less
than a four-inch mm-up on all sides.
(b) All undercounter heaters shall have an access panel.
Lawn Snriniders: tl~r~x (608~
(a) Lawn sprinkler systems shall be equipped with an approved backflow preventer on the
discharge side of each of the last valves. The backflow preventer shall be at least six (6) inches
above the highest head, and at no time less than six (6) inches above the surrounding ground.
Where combination control valves and backflow preventers are installed, the bottom of the valve
shall constitute the bottom of the backflow preventer.
(b) The following work must be performed by a person holding a current Florida state
registration or certified plumbing license and registered with the City of Delray Beach, Florida. The
plumber shall cut the tee in the line for the sprinkler line take-off. The sprinkler firm may take it
from there provided they follow the code and have the proper inspections.
(c) An approved check valve shall be installed in the main supply line on the meter side
before the first sprinkler circuit take-off.
(d) All sprinkler systems shall also comply with the state sanitary code and any current
revisions.
(e) Sprinkler heads will be installed so that no water shall spray on a public street or
sidewalk. If after they are installed the plumbing inspector should find such a condition exists at
any time, the contractor who installed same, shall correct the condition after being notified by the
plumbing inspector.
7602
Exhibit "A" to Ord. #21-96 Page 29 of 29
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ CITY MANAGER
SUBJECT: AGENDA ITEM # /~ ~ - REGULAR MEETING OF JULY 9, 1996
FIRST READING FOR ORDINANCE NO. 25-96 (AMENDMENT TO THE MARINA
Dw. LRAY SPECIAL ACTIVITIES DISTRICT)
DATE: JUNE 28, 1996
This is first reading for Ordinance No. 25-96 which amends the SAD (Special
Activities District) Ordinance (No. 31-95) for Marina Delray to modify the
schedule for completion of the associated improvements. The subject
property is located at the southeast corner of George Bush Boulevard and
Palm Trail.
On June 20, 1995, the City Commission granted rezoning and attendant site
plan approval to reestablish the SAD (Special Activities District) via
Or84nance No. 31-95, subject to conditions as well as an improvement
schedule set forth in Section 4 of the ordinance (copy attached). The
schedule has not been met, although certain improvements have been made
including the swimming pool, second floor awning, building renovations to
accommodate the second floor apartment, and facade improvements (painting).
While the applicant has experienced delays, staff has continued to work
with the applicant to obtain compliance. The proposed change to the
improvement schedule will allow for the continuation of the use and
conditions of approval to be addressed. The schedule proposed in the
subject ordinance should help prevent further delays with the installation
of improvements.
The Planning and Zoning Board considered the request at a public hearing on
June !7, 1996. There was no public testimony. The Board unanimously
recommended approval of the amended improvement schedule.
Reccm~end approval of Ordinance No. 25-96 on first reading. If passed, a
public hearing will be held on July 23, 1996.
ref: agmemo 10
ORDINANCE NO. 25-96
AN ORDINANCE OF THE CITY C(N4MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING ORDINANCE NO. 31-95 BY REPEALING
SECTION 4. IN ITS ENTIRETY AND ENACTING A NEW SECTION 4.
TO MODIFY THE SCHEDULE FOR COMPLETION OF THE IMPRDVEMENTS
ASSOCIATED WITH THE REESTABLISHMENT OF THE MARINA DELRAY
SAD (SPECIAL ACTMTIES DISTRICT), LOCATED AT THE
SOUTHEAST CORNER OF GEORGE BUSH BOULEVARD AND PALM TRA/L;
PROVIDING A GENERAL REPEA~.FR CLAUSE, A SAVING CLAUSE, AND
A~ EFFECTIVE DATE.
WHEREAS, on June 20, 1995, the City Commission approved Ordinance
No. 31-95 which reestablished the Special Activities District (SAD), subject
to conditions, for property known as Marina Delray and located at the
southeast corner of George Bush Boulevard and Palm Trail; and
WHEREh%S, Section 4. of Ordinance No. 31-95 provided that the
develolmment of and improvements to the subject property were to be in
accor~$nce with a specified improvement schedule; and
WHEREAS, the applicant has submitted a request to amend the
approved improvement schedule; and
WHEREAS, pursuant to LDR Section 2.4.5(D), the Planning and Zoning
Board reviewed the subject matter at public hearing on June 17, 1996, and
voted unarhmously to forward the change with a recommendation of approval;
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
Cc~prehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLI/~S:
Section 1. That Section 4. of Ordinance No. 31-95 be, and the same
is hereby repealed in its entirety, and a new Section 4. of Ordinance No.
31-95 is hereby enacted to read as follows:
Section 4. That the develot~ent of and improvements to
the subject property described in Section 1, above, shall be
in accordance with the following improvement schedule:
* That within thirty (30) days from second reading of
Ordinance No. 25-96, permit applications must be
sut~itted to the Community Improvement Department
(Building) for the associated improvements (i. e.
removal of excess paving, installation of
parking/landscaping, sidewalks, fencing and dumpster
enclosure); and
* That within ninety (90) days from the issuance of the
permits, installation of the associated improvements
(i. e. parking/landscaping, sidewalks, fencing and
dumpster enclosure) must be completed.
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 sD~ll not affect
the valid/ty of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 4. That this ord/nance shall become effective immediately
upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on th/s the day of , 1996.
MAYOR
ATTEST:
City Clerk
First Reading
Second heading
- 2 - Ord. No. 25-96
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DIANE DOMINGUEZ, DIRECTOR ~d~,~,~[ ~
DE.BARTMENT O;F P.LANNING AND ZONING
FROM: PAUL DORLING I,.)
PRINCIPAL PLANh,~R
SUBJECT: MEETING OF JULY 9, 1996
APPROVAL OF ORDINANCE NO. 25-96 AMENDING THE
MARINA DELRAY SAD (SPECIAL ACTIVITIES DISTRICT),
LOCATED AT THE SOUTHEAST CORNER OF GEORGE BUSH
BOULEVARD AND PALM TRAIL.
The action requested of the City Commission is that of approval of
an amendment to the SAD (Special Activities District) for Marina
Delray, pursuant to LDR Section 2.4.5(D).
The subject property is located at the southeast corner of George
Bush Boulevard and Palm Trail, within the SAD (Special Activities
District) zone district.
At its meeting of June 20, 1995, the City Commission granted rezoning and
attendant site plan approval to re-establish the SAD (Special Activities District)
for Marina Delray via Ordinance No. 31-95. The proposal included a site plan
which provided: parking (11 spaces) and landscaping improvements; reservation
of right-of-way along George Bush Boulevard; dedication of right-of-way along
Palm Trail; installation of a water main and fire hydrant; elimination of excess
paving within the adjacent street rights-of-way; screening of the existing boat
racks; installation of an awning over the 2nd floor terrace; renovations to the
building to accommodate a 2nd floor apartment; and, installation of a swimming
pool.
City Commission Documentation
Amendment to SAD Ordinance No. 31-95 for Marina Delray
Page 2
Concurrently, the approval was conditioned on the following improvement
schedule which was sought by adjacent property owners, who were frustrated by
the lack of progress made in completing improvements under the marina's
previous ownership:
· That within 45 days from second reading of the SAD ordinance, Site Plan
Review and Appearance Board (SPRAB) approval must be obtained for the
proposed landscaping;
· That within 30 days from the SPRAB approval permit applications must be
submitted to the Community Improvement Department (Building) for the
associated improvements i.e. parking/landscaping, water main and fire
hydrant.; and,
· That within 90 days from the issuance of a building permit, installation of the
associated parking/landscaping, water main and fire hydrant must be
completed.
The above improvement schedule has not been met. Certain improvements
have been installed including the swimming pool, second floor awning, building
renovations to accommodate the second floor apartment, and facade
improvements. SPRAB has approved the site/landscape plans, however, the
improvements have not been made, nor have permits for the improvements been
issued. The Fire Department has since determined that the water main upgrade
and fire hydrant are not necessary.
The applicant has submitted a justification statement regarding the basis for the
delay in obtaining the various approvals and the installation of improvements. In
summary, the previous consultant was dismissed and new consultants (architect,
engineer, landscape architect) had to be hired to redraw the plans. The request
before the City Commission is to amend the improvement schedule and
eliminate the language which pertains to the installation of a water main and fire
hydrant. The following amended improvement schedule is proposed:
E! That within 30 days from second reading of Ordinance No. 25-96, permit
applications must be submitted to the Community Improvement Department
(Building) for the associated improvements (i.e. removal of excess paving,
installation of parking/landscaping, sidewalks, fencing and dumpster
enclosure); and,
I~ That within 90 days from the issuance of the permits, installation of the
associated improvements (i.e. parking/landscaping, sidewalks, fencing and
dumpster enclosure) must be completed.
City Commission Documentation
Amendment to SAD Ordinance No. 31-95 for Marina Delray
Page 3
The Planning and Zoning Board considered the request at a public hearing on
June 17, 1996. No one from the public spoke for, or against the proposal. The
Planning and Zoning Board recommended approval of the improvement
schedule recommended by staff on a unanimous 7-0 vote.
El By Motion, approve Ordinance No. 25-96 amendment the Marina Delray
SAD based upon positive findings with the policies of the Comprehensive
Plan, and Chapter 3 of the Land Development Regulations, incorporating the
new improvement schedule as provided in the attachment.
Attachments:
E3 Strike Through and Underline of Changes
E~ Location Map
E~ Copy of Ordinance No. 31-95
S:PLANNI/DOCUME/REPORT/CCMARINA.DOC
The proposed modifications to Section 4 of Ordinance No. 31-95 are as follows:
Section 4. That the development of and improvements to the subject property
described in Section 1, above, shall be in accordance with the following
improvement schedule:
· That within thirty (30) days from second readin,q of Ordinance No. 25-96,
permit applications must be submitted to the Community Improvement
Department (Building) for the associated improvements (i.e. removal of
excess paving, installation of parkin,q/landscapin.q, sidewalks, fencing and
dumpster enclosure); and,
· That within ninety (90) days from the issuance of the permits, installation of
the associated improvements (i.e. parking/landscaping, sidewalks, fencinq
and dumpster enclosure) must be completed.
ORDINANCE NO. 31-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REESTABLISHING THE SAD
(SPECIAL ACTIVITIES DISTRICT) ZONING CLASSIFICATION
FOR A .PARCEL OF LAND LOCATED AT THE SOUTHEAST CORNER
OF GEORGE BUSH BOULEVARD AND PALM TRAIL KNOWN AS
MARINA DELRAY, AS MORE PARTICULARLY DESCRIBED HEREIN;
GRANTING SITE PLAN APPROVAL WITH CERTAIN CONDITIONS;
PROVIDING FOR AN IMPROVEMENT SCHEDULE FOR THE
INSTALLATION OF IMPROVEMENTS TO THE SITE; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS,' on December 12, 1989, the City CommisSion approved.
Ordinance No. 73-89 which established a Special Activities District
(SAD), subject to Conditions, for the property hereinafter described;
and
WHEREAS, the SAD conditions of approval pursuant to
Ordinance No. 73-89 were never addressed and site improvements were
not installed; and
WHEREAS, the Special Activities District (SAD) was never
established and expired as of June 12, 1991; and
WHEREAS, on April 7, 1995, an application to reestablish the
SAD (Special Activities District), including an attendant site plan to
accommodate a marina and accessory uses, was submitted for review and
consideration;
WHEREAS, pursuant to LDR Section 2.4.5(D), the Planning and
Zoning Board reviewed the subject matter at public hearing on May
1995, and voted 6 to 0 to recommend that the request be approved,
subject to conditions; 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:
~L~~' That the following described property in the
City of Delray Beach, Florida, is hereby zoned and reestablished in
the SAD (Special Activities District) as defined in Section 4.4.25 of
the Land Development Regulations of the City of Delray Beach, to-wit:
Ail of a tract of land, less the South 250 feet
thereof, situate, lying and being in Section 9,
Township 46 South, Range 43 East, Palm Beach County,
Florida, and more particularly described as follows:
From the Quarter Section corner of the South boundary
of Section 9, Township 46 South, Range 43 East, run
North 0 degrees 13' 20" East, a distance of 1,746.55
feet along the Quarter Section line to a point on the
North boundary of Lot 6, Model Land Company's Plat of
said Section 9, as recorded in Plat Book 8 at Page 40
in the Public Records of Palm Beach County, Florida;
thence easterly at an angle measured from North to
East 89 degrees 23', a distance of 591.06 feet to a
point; thence in a southerly direction at an angle
measured from East to South of 96 degrees 24' 24" for
a distance of 33.21 feet to the point of beginning of
this description; thence from the point of beginning
run in a southerly direction at an angle of 175
degrees 06' 03", measured from North to East to South
a distance of 465.73 feet along the East line of Palm
Trail to a point in the South boundary line of said
Lot 6; thence in an Easterly direction at an angle of
88 degrees 30' 13" measured from North to East, along
the Southern boundary of said Lot 6 a distance of
201.52 feet to a point of intersection with the West
right-of-way line of the Intracoastal Waterway;
thence in a Northerly direction at an angle of 98
degrees 07' 01", measured from West to North along
said right-of-way line a distance of 470.42 feet;
thence in a Westerly direction at an angle of
degrees 52' 19" measured from South to West a
distance of 255.58 feet to the point of beginning.
The subject property is located at the southeast
corner of George Bush Boulevard and Palm Trail;
containing 1.14 acres, more or less.
~_~ That the uses allowed for the subject property
described in Section 1, above, pursuant to Section 4.4.25(B) of the
Land Development Regulations of the City of Delray Beach, Florida,
shall be as follows:
* Full Service Marina, excluding restaurants
* In/out dry storage
* Sale of fuel for boats only
* Small marine engine repair and sales
- 2 - Ord. No. 31-95
* Sale of bait, beverages and miscellaneous
convenience items
* In water dock rental
Charter boat rentals
* New and used boat sales
* Fabrication of boat tops and canvas w~rk
(restricted only to storage and dockage clients)
* Marine towing services
* One residential dwelling unit, to be occupied by
the property owner, business owner, proprietor
or employee with a garage and swimming pool as
an accessory use to the residence
Section 3. That the development of and improvements to the
subject property described in Section 1, above, shall be in accordance
with the site plan and attendant conditions as recommended for
approval by the Planning and Zoning Board on May 15, 1995, and as
approved by the City Commission on the date that this ordinance is
passed and adopted on second and final reading.
Section 4. That the development of and improvements to the
subject property described in Section l, above, shall be in accordance
with the following improvement schedule:
* That within forty-five (45) days from second
reading of this Ordinance No. 31-95, Site Plan
Review and Appearance Board (SPRAB) approval
must be obtained for the proposed landscaping;
* That within thirty (30) days from the SPRAB
appro%al, permit applications must be submitted
to the Community Improvement Department
(Building) for the associated improvements (i.e.
parking/landscaping, water main and fire
hydrant); and
* That within ninety (90) days from'i the issuance
of a building permit, installation of the
associated parking/landscaping, water main and
fire hydrant must be completed.
~ That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
- 3 - Ord. No. 31-95
~ 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 pa~t declared t~ be invalid.
~ That this ordinance shall become effective on
August X, 1995.
PASSED AND ADOPTED in regular session on second and final
reading on this the 20th day of June, 1995.
ATTEST:
' - 'city ~lWrk -
First Reading June 6, 1995
Second Reading June 20, 1995
- 4 - Ord. No. 3~-95
LAKE AVENUE
BOND WAY
WI THERSPOON LANE ~
_.~ WATERWAY NORTH CONDO
~ INLET
GEORGE BUSH GEORGE
N.E. 7TH ST.
ACURA <:~ M.S.A. M.S.A. TRACT
OF ~ TRACT
DELRA Y
BEA CH fY)
N.[. 6TH
N.J. 5TH ST. /.-.-
WAL-
GREENS
BEACH DRIVE
MARINA DELRAY
PLANNING O[PARTId[NT
CJTY ~ D[LRAY B[ACH. FL
MEMORANDUM
TO: ^ _~YOR~, AND CITY COMMISSIONERS
SUBJECT: AGENDA ITEM # /~ ~ - REGULAR MEETING OF JULY 9, 1996
FIRST READING FOR ORDINANCE NO. 26-96 (SOUTH OCEAN BOULEVARD
HISTORIC DISTPJCT)
DATE: JUNE 28, 1996
This is first reading for Ordinance No. 26-96 which designates six
contiguous lots as the South Ocean Boulevard Historic District. The
properties are located south of Casuarina Road on the east side of State
Road A1A.
On September 6, 1995, when the Historic Preservation Board initiated
historic district designation, there were six contiguous qualified historic
houses in the proposed district and three of the property owners were in
favor of designation. Since that time, one of the houses has been moved
off the site and new construction is underway on the lot; one of the
historic residences has been demolished; and all of the property owners
oppose district designation. For these reasons, staff does not support the
district designation.
The City's regulations regarding historic district designation state that
when the affected property owners object to the designation, a super
majority (4 votes) of the City Commission is required for aDDroval.
Aa_~litional background and analysis is provided in the attached staff report
and in the Designation Report.
The Historic Preservation Board considered this item at public hearing on
June 19, 1996. After hearing testimony, the Board voted 4 to 2 to
recommend approval of the historic district designation.
Recommend consideration of Ordinance No. 26-96 on first reading. If
passed, a public hearing will be scheduled for July 23, 1996.
ref: agmemol 1
FAILED ON FIRST READING - JULY 9, 1996
ORDINANCE NO. 26-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, DESIGNATING CERTAIN PROPERTIES LOCATED ~N
SOUTH OCEAN BOULEVARD (STATE ROAD A1A) , AS MORE
PARTICULARLY DESCRIBED HEREIN, AS AN HISTORIC DISTRICT;
PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY
BEACH, FLORIDA, 1994" TO SHOW THE HISTORIC DESIGNATION IN
AN OVERLAY MANNER; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Section 4.5. ! of the Land Development Regulations of the
Code of Ordinances of the City of Delray Beach provides for the designation
a~ protection of historic sites and districts; and
WHEREAS, on September 6, 1995, the Historic Preservation Board of
the City of Delray Beach initiated the nomination of the property hereinafter
described for historic district designation, and a designation report was
subsequently prepared; and
WHEREAS, the Historic Preservation Board held a duly noticed public
hearing in regard to the historic district designation on June 19, 1996, and
voted 4 to 2 to recommend approval of the South Ocean Boulevard Historic
District; and
WHEREAS, the City Commission of the City of Delray Beach has
conducted a duly noticed public hearing in regard to the historic district
designation.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described properties in the City of
Delray Beach, Florida, are hereby designated the South Ocean Boulevard
Historic District in acco~ance with and under the provisions of Section
4.5.! of the Land Develol~ent Regulations of the City of Delray Beach,
Florida, to-wit:
The South 100 feet of the North 495 feet of Government Lot 1
lying east of Ocean Boulevard, Section 21, Township 46
South, Range 43 East, Palm Beach County, Florida. (501
South Ocean Boulevard)
The South 100 feet of the North 595 feet of Government Lot 1
lying east of Ocean Boulevard, Section 21, Township 46
South, Range 43 East, Palm Beach county, Florida. (511
South Ocean Boulevard)
The South 100 feet of the North 695 feet of Government Lot 1
lying east of Ocean Boulevard, Section 21, Township 46
South, Range 43 East, Palm Beach County, Florida. (521
South Ocean Boulevard)
FAILED ON FIRST READING - JULY 9, 1996
FAILED ON FIRST READING - JULY 9, 1996
The South 110 feet of the North 805 feet of Government Lot !
lying east of Ocean Boulevard, Section 21, Township 46
South, Range 43 East, Palm Beach County, Florida. (601
South Ocean Boulevard)
The South 130 feet of the North 935 feet of Government Lot !
lying east of State Road No. 140, Section 21, Township 46
South, Range 43 East, Palm Beach County, Florida. (611.
South Ocean Boulevard)
The South 120 feet of the North 1055 feet of Government Lot
1 lying east of Ocean Boulevard, Section 21, Township 46
South, Range 43 East, Palm Beach County, Florida. (701
South Ocean Boulevard)
Section 2. That the Planning Director of said City shall, upon the
effective date of this ordinance, ameo~tthe Zoning Map of City of Delray
Beach, Florida, to show the historic designation, in an overlay manner.
Section 3. Tb~t all ordinances or parts of ordinances in conflict
herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of ~uis 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. %~mt this ordinance shall become effective immediately
upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the day of .. , 1996.
MAYOR
AT~EST:
City Clerk
First Beading
Second Reading
- 2 - Ord. No. 26-96
FAILED ON FIRST READING - JULY 9, 1996
FAILED ON FIRST READING - JULY 9, 1996
II. LOCATION MAP
LAN GF~_.R WAY
SEAGA ~E rNA
MANOR
BUODA RD.
~[LAL£UCA RO. bJ
I--- 'r~Amuo RO.
O
8AUHIblIA
AZALEA RO.
SOUTH OCEAN BOULEVARD
HISTORIC DISTRICT
FAILED ON FIRST READING - JULY 9, 1996
ORD. NO. ~6-96
TO: DAVID T. HARDEN, CITY MANAGER
THRU: ~' ~ \
DIANE DOMINGUEZ, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM: PAT CAYCE, HISTOR C PRESERVATION PLANNER
SUBJECT: MEETING OF JULY 9, 1996
FIRST READING OF AN ORDINANCE TO DESIGNATE THE
PROPOSED SOUTH OCEAN BOULEVARD HISTORIC
DISTRICT TO THE LOCAL REGISTER OF HISTORIC
PLACES
The action requested of the City Commission is that of approval on first reading
of an ordinance designating the proposed South Ocean Boulevard Historic
District to the Local Register of Historic Places.
The proposed district is comprised of six contiguous lots consisting of four
historic single family residences; one vacant lot; and one new single family
residence currently under construction.
The boundaries of the proposed district are as follows:
The northern boundary is the north property line of Government Lot 1-3
(first lot south of the Seagate Beach Club); the eastern boundary is the
east property line of the lots in the district (Atlantic Ocean); the southern
boundary is the south property line of Government Lot 1-8 (701 S. Ocean
Boulevard); and the western boundary is the east side of State Road A-l-
A (South Ocean Boulevard). The street addresses are as follows:
501,511,521,601,611, and 701 South Ocean Boulevard. The Legal
Description of the proposed district is incorporated in the text of the
ordinance.
City Commission Documentation
Ordinance to designate the South Ocean Boulevard Historic District
Page 2
On September 6, 1995, when the Historic Preservation Board initiated historic
district designation there were six contiguous qualified historic houses in the
proposed district and three of the property owners were in favor of designation.
Staff supported the nomination of the historic district at that time. Since that
time, one of the houses has been moved off the site and new construction is
under way on the lot; one of the historic residences has been demolished; and
all of the property owners oppose district designation. For the above reasons,
staff no longer supports the district designation.
It is noted that the City's regulations regarding historic district designation state
that when the affected property owners object to the designation, a super
majority (4 votes) of the City Commission is required for approval.
Additional background and analysis is provided in the attached Historic
Preservation Board staff report and in the Designation Report.
The Historic Preservation Board considered this item at a Public Hearing on
June 19, 1996. Forty-two letters of support were received and forwarded to the
Board prior to the meeting. Additionally, letters of support were received from
The Preservation Foundation of Palm Beach, the Florida Department of State,
Division of Historical Resources, the Boca Raton and Ft. Lauderdale Historical
Societies, the Miami Design Preservation League and the National Trust for
Historic Preservation. However, it is not known if the supporters were aware that
all of the affected property owners opposed the district designation.
Letters of opposition from all of the proposed district property owners were
received. Additionally, a petition with 19 signatures, and 3 letters of opposition
were received and forwarded to the Board prior to the meeting.
The meeting was mannedy and businesslike. Twelve people spoke in favor of
the designation. Five individuals spoke in opposition, including Frank McKinney,
representing several of the affected property owners.
After discussion the Board voted 4-2 to recommend district designation to the
City Commission. Vaughan and Turner dissenting; Johnson absent.
City Commission's discretion.
City Commission Documentation
Ordinance to designate the South Ocean Boulevard Historic District
Page 3
Attachments: HPB Staff Report of June 19, 1996
South Ocean Boulevard Designation Report
Letters from affected property owners
f~e/8-hist
Project Name: Proposed South Ocean Boulevard Historic District.
Project Location: The northern boundary of the proposed district is the
north property line of Government Lot 1-3; the eastern
boundary is the Coastal Construction Line; the
southern boundary is the south property line of
Government Lot 1-8; and the western boundary is the
east side of state road A-t-A (South Ocean Boulevard).
The street addresses are as follows: 501, 511,521,601,
611, and 701 South Ocean Boulevard
The action requested of the Board is that of conducting a public hearing to allow
the affected property owners and the public to comment on the designation of
the proposed historic district. After the public has been heard, the Board will
vote to transmit the designation nomination to the City Commission and
recommend that the historic district be listed, by ordinance, in the Local Register
of Historic Places.
At the meeting of September 6, 1995, after a preliminary review of the district,
the Historic Preservation Board initiated the nomination for historic district
designation and requested staff to prepare a designation report. A draft of the
report was presented to the Board at its meeting of September 20, 1995. At that
meeting the board voted to delay accepting the designation report and therefore
did not set a date for a publi9 hearing. The proposed district was composed of
six contiguous historic properties; three of the six property owners were in favor
of creating the histodc district and requested the Board to consider the
nomination. On September 21, 1996 the three property owners in favor of
designation withdrew their support for historic district status. At the Board's
request, the designation report was again presented for review at its meeting of
May 1, 1996. At that meeting the Board voted to hold a special meeting on May
3, 1996 for the purpose of formally accepting the designation report and set the
date for the public hearing for June 19, 1996.
Meeting Date: June 19, 1996
Agenda Item: III
HPB Staff Report
S. Ocean Blvd. Designation
Page :2
The proposed district consists of four historically significant single family
residences; one vacant lot; and one new single family residence currently under
_ construction. From north to south the properties are distributed as follows: three
contiguous historic houses; a vacant lot; new construction; and an historic
house. Please see the attached designation report for information on the
properties and their historical and architectural significance.
At the time of the Board's initiation of the historic district designation, there were
six contiguous historic houses within the boundaries, and three of the owners
were in favor of designation. Since that time, one of the houses has been
moved off the site, one has been demolished, and all of the property owners are
opposed the district designation. While the four remaining sites are significant,
the loss of the two contributing buildings has seriously compromised the integrity
and continuity of the district. Additionally disappointing, is the lack of support of
the owners within the proposed district. Proceeding with the designation, despite
total lack of owner approval, projects a negative regulatory image which may
seriously hamper the Board's ability to gain support for the designation of other
historic districts. For example, the National Register will not list an historic
district unless a majority of the property owners approve the designation. In light
of the above, with only two thirds of the historic properties remaining and one
new residence under construction which is inappropriate in scale, massing and
design to the historic area, the Planning staff has reevaluated the nomination
and no longer supports the historic district designation.
However, as stated in the de. signation report, the four remaining houses are of
unquestionable historical and architectural significance. Staff strongly
recommends that the four remaining structures be listed in the Local Register of
Historic Places by individual designation at the owners request. Individual
listing will protect the buildings from inappropriate renovation; delay demolition _
for a period of up to six months; assure that new construction is reviewed
through the COA process; make the properties eligible to participate in the
County's tax abatement program for historic properties if restoration or
renovation is undertaken. All of which will serve as a means to preserve the
historical integrity of the individual structures.
HPB Staff Report
S. Ocean Blvd. Designation
Page 3
Pursuant to Land Development Regulations (LDRs) Section 4.5.1(C) Designation
Procedures. the Historic Preservation Board initiated the district nomination;
reviewed and accepted the designation report and set June 19, 1996 for a public
hearing. On June 5, 1996, notice of the public hearing was sent by certified mail
to the property owners within the proposed district and by regular mail to all
property owners within a five hundred radius of the proposed district. The
required newspaper notice was published in The News on June 5, 1996.
1. Approve the nomination and transmit the Board's findings to the City
Commission with the recommendation that the South Ocean Boulevard
Historic District be listed in the Local Register or Historic Places.
2. Deny the nomination with reasons stated.
Board's discretion
file/6-hist
SOUTH OCEAN BOULEVARD
HISTORIC DISTRICT
DESIGNATION REPORT
HISTORIC PRESERVATION BOARD
DELRAY BEACH, FLORIDA
-I-
DESIGNATION REPORT
SOUTH OCEAN BOULEVARD
TABLE OF CONTENTS
I. GENERAL INFORMATION
I1. LOCATION MAP
!11. ARCHITECTURAL INFORMATION
IV. HISTORICAL INFORMATION
V. STATEMENT OF SIGNIFICANCE
IV. BIBLIOGRAPHY AND SOURCES
-2-
II. .LOCATION MAP
~ ~AY - J STREET
I
L~I(~_.,,I~ WAY
SEAGATE '
MANOR - '
~DA
~u~
B~IA
N SOUTH OCEAN BOULEVARD
~--~ ~.~c., HISTORIC DISTRICT
-- ~t~ ~ ~ 5~ --
!. GENERAL INFORMATION
Location: The proposed district consists of five single family contributing
residences and one new house under construction, located on the east
side of State Road A-I-A. The northern boundary of the proposed district
is the north property line of Government Lot 1-3, the eastern boundary is
the Coastal Construction Line, the southern boundary is the south
property line of Government Lot 1-8 and the western boundary is the east
side of State Road A-1-A ( South Ocean Boulevard). The street address
are as follows:
501 South Ocean Boulevard
511 " " "
521 " " "
601 " " "
611 " " " House under construction
701 " " "
Present Zoning: Single Family Residential R-l-AAA. No change in
zoning is proposed as a result of historic district status.
Legal Description of the District: Township 46, Range 43, Section 21:
The northern boundary is the north property line of Gov't. Lot 1-3 which is
described as the south 100 feet of the north 495 feet of Government Lot
1, east of Ocean Blvd. The eastern boundary is the Coastal Construction
Line. The southern boundary is the south property line of Gov't Lot 1-8
which is described a.s the south 120 feet of the north 1055 feet of
Government Lot 1 lying east of Ocean Blvd. The western boundary is the
eastern right-of-way of State Road A-1-A (South Ocean Boulevard).
Classification for Designation: Architectural and cultural significance. -
Significance of the District's Boundaries: In the early to late 1930s,
when prominent business leaders from the Northeast chose Delray
Beach's ocean front as the location for their winter residences, they built
them in this specific geographic area. Now, due to encroaching
development from the south, this enclave of five remaining historic homes
is seriously threatened and deserves the protection of historic designation.
-3-
III. ARCHITECTURAL INFORMATION
All the residences are named for their odginal owners and are listed in
order from north to south. Information regarding the individual architects
is found at the end of this section.
501 SOUTH OCEAN BOULEVARD: THE NISBET HOUSE
Property Control Number: 12-43-46-21-00-001-0030
Original owner: William B. and Edith B. Nisbet
Present owner: South PAC Trust, International Inc. Tr., 1450 S. Dixie
Highway, Boca Raton, FL 33432
Architect: Unknown
Date of construction: 1934 - 1938
Style: Monterey Vernacular
The date of construction for the Nisbet House is listed on the Palm Beach
County tax rolls as 1934. However, a warranty deed executed on April
19, 1938 states that William B. Nisbet and his wife Edith B. Nisbet
purchased the vacant property from S. Fahs Smith and his wife Neville
Mitchell Smith of York County, Pennsylvania, and Bassett W. Mitchell and
his wife Mary Starr Mitchell, of Palm Beach County. There were
interesting restrictive covenants to the deed; the house to be constructed
on the property could cost not less that-$10,000,~ with setback
requirements as follows: side 10', front 20', and 20' from the "Coastal
vegetation line." Additionally, there was a height limitation for walls and
fences; and a stipulation that electric wires had to be placed in conduits
underground.
Though the building's architect is unknown, it is obviously the work of a
talented designer. Copies of the original elevations exist, however the
architect's seal is illegible. It is possible that advanced computer
enhancement could reveal the identity of the seal.
The house has been home (through ownership and rental) to some of
America's leading families, including: Seward Vanderbuilt Webb, Talbot T.
Speer, prominent Maryland publisher; and Lerner B. Harrison, record-
-5-
holding national sport fisherman and descendant of Presidents William
and Benjamin Harrison.
The structure is primarily rectangular in form with a garage ell to the north.
It is a two story structure of frame construction clad in horizontal wood
clapboards. It has a hip roof configuration, the roofing material is
composition shingle. The foundation is constructed of concrete piers. The
windows are six over six pane double hung with operable wood shutters
and floors of Dade County pine. The cantilevered second story balconies
are typical of the Monterey style. The house underwent a complete
renovation in 1993. At the time of this report, a two story addition
consisting of a double garage and studio above is being constructed on
the southwest corner of the existing structure. The addition was designed
by Fort Lauderdale architect John W. Szerdi.
-6-
511 SOUTH OCEAN BOULEVARD: THE RILEY HOUSE
Property Control Number: 12-43-46-21-00-001-0040
Original owner: Mr. and Mrs. Melville Riley
Present owner: Carl and Nancy Touhey
511 S. Ocean Blvd.
Delray Beach, FL 33483
Architect: Gustav A. Maass
Date of construction: 1939
Style: Resort Colonial
The vacant property was purchased in 1936 by Mr. and Mrs. Melville F.
Riley of Hagerstown, Maryland. Mr. Riley was the president of the
Potomac Edison Company, one of the largest electric companies in the
Northeast. The residence, completed in 1939, was designed in the Resort
Colonial style by prominent Palm Beach architect, Gustav A. Maass.
Willard M. Waters, well known Delray Beach builder, was the contractor
for the project.
Inhabited from 1939 through 1978 by the Riley family, the descendants of
a leader in American business, this house attracted, like the houses on
either side of it, prominent visitors. From a log kept by Melville F. Riley,
Jr. the following leaders from the nation's political, arts and entertainment
world came to 511 South Ocean Boulevard: Albert W. Barkley, Vice
President during the Truman administration, Broadway producer Archibald
Selwyn and St. Louis Cardinal's General Manager, Al Laing. Additionally,
during World War II, when there was a great need for housing for the
officers from the Boca Raton Air Station, General L.A. Lawson, the
Commanding General of the Station, lived at 511; he later became the
Commanding General at Okinawa.
This house incorporates many of the details of design typical of
residences designed by Gustav Maass. It is a combination of one and .. _
two stories, creating a variegated roof line of architectural interest.
Constructed of fame and concrete block, the exterior finish is brick. The
structure is set on a concrete foundation. It has a hip roof with a cement
tile finish. Basically "U" shaped in form, it has a garage to the north of the
"U". Casement windows with operable wood shutters compliment the
exterior. The wood shutters and balconies front and back, coupled with
brick construction typify the Resort Colonial style.
-?-
521 SOUTH OCEAN BOULEVARD: THE JOHNSTON HOUSE
Property Control Number: 12-46-21-00-001-0050
Original owner: Percy Johnston, Jr.
Present Owner: William and Anne A. Black
Bridlespur Farm
Keswick, VA 22947
Architect: Samuel Ogren
Date of construction: 1938
Style: French Resort Colonial
This island style French Colonial home was completed in 1938. It was
designed by Samuel Ogren, Delray's most prodigious National Register
architect, for prominent New York broker, Percy Johnston, Jr.
The four bedroom house is irregular in form, of concrete block
construction with a stucco finish. It was constructed by the contracting firm
of H.A. Anderson & Company of West Palm Beach. The primary gable
roof runs north and south with a large chimney at the south end. The
wood windows are six over six pane double hung with operative wood
shutters. The form and massing of the house plus its exterior design
elements associate it with the French West Indian Colonial style. Known
locally as "Lemon Tree House", its name is derived from the ornamental
lemon tree which has adorned the mailbox for over thirty years.
-9-
601 SOUTH OCEAN BOULEVARD: THE SNYDER HOUSE
Property Control Number: 12-43-46-21-00-001-0060
Original owner: William P. Snyder, Jr.
Present owner: William P. Snyder III
Blackburn Road
Sewickley, PA 15143
- Architect: Gustav Maass
Date of construction: 1937
Style: Resort Colonial "~"~.~
Constructed in 1937, the house was designed by prominent Palm Beach ' ~,~'~
architect Gustav A. Maass. Though not built until 1937, the house was
commissioned by William P. Snyder of Pittsburgh Pennsylvania in 19-32; it
is one of Maass's earliest commissions in the City. Mr. Snyder was the
founder of the Snyder Mining Company and a descendant of
Pennsylvania's first Governor, Simon Snyder. The present owner is the
son of the original owner. Built in the Resort Colonial style, it is one of the
oldest houses in the district. Its basic form is rectangular with a garage ell
on the north side. It has two stories and is of frame construction on a
concrete foundation. The extedor finish is horizontal wood siding. The
roof is hip and gable with a large chimney at the south end of the primary
gable. It is an excellent example of New England Colonial styling adapted
to the South Florida environment.
-10-
611 SOUTH OCEAN BOULEVARD: NEW HOUSE UNDER
CONSTRUCTION
Property Control Number: 12-43-46-21-00-001-00-0070
Present owner: Venture Concepts International, Inc.
72 S.E. 6th Avenue
Delray Beach, FL 33483
The 21,000 square foot single family residence currently under
construction was designed by the Delray Beach architectural firm of Kup-
Vigneault.
The house which formerly occupied this site was constructed in 1936 and
was designed by noted Miami architect, Carlos B. Schoeppl. While
basically Mediterranean Revival in style the structure clearly shows the
influence of the Art Moderne period which was extremely popular in Miami
during the 1930s and 40s. The house was moved to the southeast corner
of North Swinton Avenue and N.E. 12th Street, in January of 1996. The
legal description of the new location is as follows:
Dell Park Subdivision, Block 6, Parcel 2; a replat of Lots 13, 14, 15,
16 & 17.
For additional information regarding the house and its architect please
refer to the administrative file of the South Ocean Boulevard Historic
District.
-I1-
701 SOUTH OCEAN BOULEVARD: THE NOYES HOUSE
Property Control Number:. 12-43-46-21-001-0080
Original owner: Julius W. and Rosita T. Noyes
Present owner:. Mary E. Alfring
701 S. Ocean Blvd.
Delray Beach, FL 33483
Architect: Unknown
Date of construction: c. 1939
Style: Mediterranean Revival
This house was constructed c. 1939. The first known owners were Julius
W. and Rosita de Texada Noyes. Mr. Noyes was affiliated with the Wall
Street brokerage firm of E.F. Hutton & Co. Other residents have included
William Grace Holloway, of the W.R. Grace family.
The house is irregular in form surrounding an interior courtyard. It is
constructed of reinforced concrete with an exterior stucco finish. The
windows surrounds are constructed of coral rock and the windows are
covered with delicate iron grilles. The floors are a combination of cypress,
hard pine, marble and terrazzo. The roof is a combination of hip and
gable and is finished in terra cotta tile. Although the architect is unknown,
it is obviously the work of a gifted designer. That great care was taken
with the aesthetics of the house is evidenced by the fact that the
swimming pool, which was constructed at a later date, was designed by
renowned Palm Beach architect, John Volk.
-12-
The Architects
Gustav A. Maass
Mr. Maass graduated from the University of Pennsylvania's School of
Architecture. He settled in Palm Beach, Florida, in 1927 and went into
partnership with rising young architect, John Volk. The partnership lasted
approximately five years, terminating in 1932. Maass's work was popular
in Delray Beach; his commission records indicate that from 1927 to 1957
he designed twenty two buildings in the City, including four commercial
buildings on East Atlantic Avenue; the Sandpatch Building, Love's Drug
Store, Zuckerman's Department Store (now Mercer VVenzel's) and the
Seaboard Air Line Railway station (no longer accessed from Atlantic
Avenue) which is listed in the National Register of Historic Places.
Samuel Ogren
Samuel Ogren, while working for the West Palm Beach architectural firm
of William Manley King, designed his first house in Delray Beach, 704 N.
Swinton Avenue, in 1924. Establishing his own practice in the City, he
became Delray's most illustrious and prolific architect. While retaining his
private practice, he served for a time as official architect to the City and
designed everything from fire stations to schoolhouses. In 1926 he
designed the Delray Beach High School and Gymnasium, both buildings,
constructed in the Mediterranean Revival style, are listed in the National
Register of Historic Places as part of the Old School Square designation.
-13-
IV. HISTORICAL INFORMATION
In the prosperous decade following VWV1 Delray Beach was caught up in
the great Florida Land Boom of the 1920s. Houses and commercial
buildings were built almost over night. The prevailing style, rich in exterior
detail and decoration, was the eclectic Mediterranean Revival style. In an
era of ever expanding personal wealth, it was the fashion to demonstrate
ones financial acumen by building in this highly visible style. The Land
Boom reached its end in the spring of 1926 and plunged South Florida
into a depression at least three years before the rest of the country, when
the stock market crash of 1929 sent the nation into the worst economic
depression of its history. Delray Beach weathered some lean years but its
recovery was earlier than most of South Florida. The area did not lose its
appeal to those who could afford winter homes. Well known artists,
writers and cartoonists established a winter "artists colony" and wealthy
industrialists were attracted by the Iow-keyed village atmosphere and the
lack of dire want which was affecting the rest of the country.
The houses in the district are a reflection of these troubled times. In spite
of the Great Depression there was still a great deal of residential
construction in the City, much of it built by wealthy winter residents. A
post-Depression building boom began in Delray Beach in 1935, when the
population of the city was almost equally divided between permanent
residents and winter visitors. October, 1938 was the busiest month for
construction in the City since 1925. The highest total dollars, $133,365
worth of building permits were issued in October, 1938. The majority of
new construction was designed in some adaptation of what has become
known in the City as, th.e Resort Colonial style. This relatively simple style
was in deliberate contrast to the more flamboyant and exuberant
Mediterranean Revival style which was in vogue only a decade before.
The style was more modest in its exterior presentation and was thought to
be more appropriate during the difficult financial times affecting most of_
the country. While the exterior was relatively plain and lacking in
ostentation, the interiors were often beautifully crafted and detailed.
Four of the houses in the district reflect an interpretation of the Resort
Colonial revival style; the other one has its origin in the Mediterranean
Revival style but is a great deal more restrained with respect to exterior
detailing than those built in the 1920s.
- 14-
V. ,STATEMENT OF SIGNIFICANCE
As described above the South Ocean Boulevard Historic District is a
specific area of architectural and cultural significance. Culturally it
represents an era in the history of Delray Beach which reflects the period
between the stock market crash of 1929 to the advent of WWII.
Throughout the period of the Great Depression, Delray continued to grow
in a manner unique in South Flodda. Individuals of wealth and position,
as well as the flourishing artist colony, fueled the growth in construction
which in turn allowed many of the City's fine builders and craftsmen to
withstand the withering economy. This was a ten year window of
opportunity, in which the City solidified its position as a "village by the
sea". The effect of the Resort Colonial style of architecture, designed by
prominent architects and commissioned by winter visitors, on expensive
ocean front property, can be seen in more modest interpretations
throughout the City. However, the four examples of the style in the
proposed historic district are the last remaining in the City which are
located directly on the oceanfront To insure that this area is afforded
protection from inappropriate alterations which may affect the integrity of
this distinctive beachfront neighborhood, it is proposed that it be
designated as an Historic District under the provisions of Section 4.5.1 of
the City of Delray Beach's Land Development Regulations.
Criteria for Designation
To qualify as an historic district the properties must fulfill one or more of the
criteria set forth in Section 4.5.1(B)(2) or (3) The proposed district more than
meets the criteria for designation and fulfills the qualifications as follows:
4.5.1(B)(2) Historical or Cultural Significance
(d) Exemplifies the historical, political, cultural, economic, or social' trends
of the community in history.
4.5.1(B)(3) Architectural or Aesthetic Significance
(a) Portrays the environment in an era of history characterized by one or
more distinctive architectural styles.
(b) Embodies those distinguishing characteristics of an architectural style,
period, or method of construction.
(c) /s an historic or outstanding work of a prominent architect
-1:5-
IV. BIBLIOGRAPHY AND SOURCES
City Building Cards
City Building Permit Records
Palm Beach County NAL File
Surf and Tide Magazine, January 26, 1940
Delray Beach City. Directory., Volume III, 1953-54
Delray Beach News:
· December 14, 1934
· June 26, 1936
· February24, 1939
· April21, 1939
The Social Index-Directory; Palm Beach, Southern Flodda, Gulf Coast,
Bahamas; 1974;
Memoirs, Melville F. Riley, Jr. Unpublished Memoir
Grolier Encyclopedia of Knowledge, Volume IX, Published 1993.
$:PLANNI/OCEANH-D.DOC
-16-
ADDENDUM
Of the twenty five original single family residences located on the east side of
State Road A-I-A between the south end of the City's public beach and Linton
Boulevard, six have been demolished, two have been moved and one has been
remodeled and enlarged to an extent that the original structure is unrecognizable
from the exterior.
Moved or Demolished
R-l-AAA ~'~
501 and 511 S. Ocean Blvd.
WorreIl Enterprises, Inc.
May 9, 1996 Thomas E. l¥orrell, Jr.
Clw.~irman
MS. Patricia Cayce
City of Delray Beach
Historic Preservation Board
100 N.W. 1st Avenue
Delray Beach, FL 33444
VIA CERTIFIEDMAIL
Dear Ms. Cayce:
I have been out of the country for almost two weeks. I returned
last night. At that time I reviewed the notice of a scheduled
meeting of the Historic Preservation Board of Delray Beach to
consider designating property I own as part of the South Ocean
Boulevard Historic District.
I am the owner of the property at 501 South Ocean Boulevard, and
511 South Ocean Boulevard, which I purchased several weeks ago.
The purpose of this letter is to formally notify you and the board
that I strenuously object to and oppose the inclusion of my
properties in any historic district.
I consider such an action to be unnecessary, intrusive, and
potentially damaging to the value of my property.
Further, it is my understanding that a developer was allowed to
tear down one of the homes in the designated area on the day of
notification concerning the public hearing. In fact, I suspect it
is this developer and the projects he has undertaken along South
Ocean Boulevard that may have caused concerns by the Historic
Preservation Board.
While I certainly support the preservation of historic properties
and landmarks, I do not believe that it is appropriate in this
case for the government to attempt to mandate and restrict
property owners in the quiet enjoyment of their homes and
property. If the City of Delray Beach wishes to influence the
style of residences being erected along South Ocean Boulevard, it
already has the means to do so.
1450 Soufh Dixie Hfghrva¥ ~ Boca Ratort, Florida 33432 ~ Tel: 407-338-3298
PL~NN i NG & ZON IN G ~ ~x: 407-335-3453
Ms. Patricia Cayce
May 9, 1996
Page Two
I have endeavored, at considerable expense, to protect and enhance
the historic characteristics of my residence at 501 South Ocean
Boulevard. I will do the same at 511 South Ocean Boulevard. I do
this because of a personal commitment to preservation.
It seems to me the answer to the concerns of the board lie not in
government intervention but in communication and cooperation
between the board and citizens of the community. I would be happy
to discuss deed restrictions or other voluntary actions that may
be taken to preserve unique properties.
I would appreciate it if this letter would be made a part of the
record concerning this matter.
Thomas E. Worrell, Jr.
TEWjr:mb
cc: Members of the Board
City Commissioners
521 S ' Ocean Blvd. --WilliAM T. BLACK
BRIDLESPUR FARM
KE:SWlCI~ VIRGINIA 2:)947
: ~2'~. /'/,/'. /~ ~ PLANNING & ZONIN~
m 601 and 611S. Ocean Blvd. ~
ELK. B~ER, PAI,MER & 0HRISTU
M. ADAM BANKIER. P.A. SANCTUARY CENTRE · SUITE 105E
ERIC C. CHRISTU. P,A. 4800 NORTH FEOERAL HIGHWAY
PHILLIPS POINT
SCO~T A ELK, P.A. BOCA RATON. FLORIDA 33431
8TH FLOOR WEST TOWER
ADAM D. PALMER. P.A. {407) 368-8800 777 SOUTH FLAGLER DRIVE
O~COUNS=L: (407) 394-3733 WEST PALM BEACH. FL 3340~
ROBERT M. PALMER FACSIMILE (407)
PALM BEACH: (407) 820°9466
LAWRENCE S. SCHWARTZ' BROWARD: (954) 776-~OO6
-~ .............. '" °"~ June 14, 1996 (coo) sas.o2oo
VIA HAND DELIVERY
Mr. John Vaughan, Chairman Ms. Debora Turner
Historic Preservation Board, Historic Preservation Board,
City of Delray Beach City of Delray Beach
917 N.E. 8th Avenue 277 S.E. 5th Avenue
Delray Beach, FL 33483 Delray Beach, FL 33483
Ms. Julie Morgan, Vice Chairman Ms. Susan Hurlburt
Historic Preservation Board, Historic Preservation Board,
City of Delray Beach City of Delray Beach
450 N. Swinton Avenue 1230 Vista Del Mar Drive
Delray Beach, FL 33444 Delray Beach, FL 33483
Mr. John Johnson, Second Vice Chairman Ms. Pat Healy-Golembe
Historic Preservation Board, Historic Preservation Board,
City of Delray Beach City of Delray Beach
20 N. Swinton Avenue 2000 S. Ocean Boulevard
Delray Beach, FL 33447 Delray Beach, FL 33483
Ms. Vera Farrington Ms. Diane Dominguez
Historic Preservation Board, 100 N.W. 1st Avenue
City of Delray Beach Delray Beach, FL 33483
310 N.W. 2nd Avenue
Delray Beach, FL 33444
RE: OPPOSITION OF SOUTH OCEAN BOULEVARD HISTORIC DISTRICT
Dear Ladies and Gentlemen:
The undersigned represents the interests of Frank E. McKinney, III,
owner of property located at 611 South Ocean Boulevard and
Thomas M. Melone, Truste~, the owner of property located at 601
South Ocean Boulevard. On behalf of my clients, the undersigned is
strongly opposed to the establishment of an historic district as
proposed under the South Ocean Boulevard Historic District.
The proposed South Ocean Boulevard Historic District (hereinafter
the "Proposed District") has been arbitrarily defined to include
six (6) properties commencing from the north at 501 South Ocean
Boulevard and including 511 South Ocean Boulevard, 521 South Ocean
Boulevard, 601 South Ocean Boulevard, 611 South Ocean Boulevard and
701 South Ocean Boulevard. There is no standard or criteria for
why these six (6) homes were singled out and why numerous other
properties extending south of these six (6) properties were not
also included. Furthermore., along this stretch of Delray Beach
are some homes which have not been renovated, and other homes which.
Historic Preservation Board,
City of Delray Beach
June 14, 1996
Page 2
have been demolished in whole with modern new luxury homes
constructed thereon, or which have been renovated and modernized by
piecemeal additions. I oppose the Proposed District based upon its
lack of a rational criteria associated and restricted arbitrarily
these six (6) specific properties.
The home located at 501 South Ocean Boulevard has been renovated on
the interior and portions of the exterior and is not consistent
with historical specifications, notwithstanding that some original
exterior aspects of the home have been retained. Further, the
homes located at 601 South Ocean Boulevard and 611 South Ocean
Boulevard which were previously set forth in the Proposed District
have been demolished and new luxury, chateau style homes shall be
constructed thereon. Accordingly, out of the six (6) homes within
the Proposed District, two (2) shall have no historic significance
whatsoever, and one (1) shall not retain original historic
character due to renovations at portions of the interior. The lack
of specific historical significance directly conflicts with the
classification for designation of architectural and cultural
significance.
The application of the City of Delray Beach criteria for
designation is not correlated to a majority of the properties
within the Proposed District. Due to either demolition or
renovation in part, there is no direct correlation between the
required historic guidekine in three (3) of these properties.
Although it has not been verified, I have been informed that there
have been significant additions and renovations to the remaining
three (3) properties, which may also severely question their
historical significance. There have been no factual confirmations
of factors which may diminish the necessary criteria set for
establishing a designation of these six (6) properties. The
application of the criteria has been vaguely verified.
Further, the establishment of the Proposed District could
significantly impair and impede the property owners' rights and
adversely effect the properties to such an extent as to require
government compensation under the following criteria set forth in -
Bert J. Harris, Jr., Private Property Rights Protection Act.
Specifically, the following factors would weigh heavily in
determining whether the establishment of the Proposed District
would adversely affect the property to such an extent as to rise to
the point of a taking requiring compensation to the property
owners:
1.0 Economic impact of this regulation would be so severe
upon the property.owners that it could deprive them of
the sole reason and value for the purchase of the.
Historic Preservation Board,
City of Delray Beach
June 14, 1996
Page 3
property. It is well known that these six (6)
properties, in addition to the properties extending
further south from these six (6) properties, as ocean
front properties, are amongst the most valuable property
in South Florida. The value of these properties could be
as significant as 3 to 7 times the value as they would be
in the event that had to retain the present arguably
historic structures. Further, the diminishment in value
could place mortgages encumbering these properties in
default;
2.0 Many property owners along Delray Beach purchased their
properties with the expectation that the properties can
be redeveloped, thereby increasing the value many times.
The Proposed District would in effect regulate the
property owners so as to deprive them of their investment
backed expectations;
3.0 The public benefit which would be derived by encumbering
these six (6) properties with the Proposed District is
~ - questionable. Of these six (6) properties, two (2) have
been razed for construction of chateau style, luxury
homes. One (1) property has been renovated in the
interior to modern, present day specifications and
several of the other properties may have additions which
alter and detract from any suspected historic value. The
properties are private properties which are not open to
the public for viewing of any sort, are not readily
visible from South Ocean Boulevard, and the public
benefit derived from the Proposed District may be
nonexistent. Further, the harm to the property owners is
extensive based upon the great decrease in property value
in addition to the severe restrictions which would be
placed on the property owner for future construction on
these properties;
4.0 The Proposed District has been arbitrarily and
capriciously set for the six (6) properties. No reason,.
criteria or other rationale has been proposed for
singling out these six (6) properties on the beach for
the Proposed District. The division line for these
properties has been arbitrarily and capriciously applied;
and
5.0 The history of the properties, for reason mentioned
hereinabove has not been adequately confirmed.
Historic Preservation Board,
City of Delray Beach
June 14, 1996
Page 4
Due to the fact that we feel the property owners' rights have been
violated based upon the above referenced factors, the same may rise
to the point of being a taking of the property owners' rights for
which we shall pursue compensation from the City in the amount of
the damages for the highest and best use of these properties.
The historical, cultural, archaeological, and aesthetic heritage of
these six (6) properties, at this time, are neither consistent, nor
are they completely verifiable. The applicability of this Proposed
District to six (6) properties where no less than one-third (1/3)
of the properties shall be modern luxury homes is inconsistent in
its application and accordingly, can only vaguely be applied to
these six (6) properties.
In many areas, historic preservation districts are designed to
prevent further public harm by restoring blighted areas. The
Proposed District encompasses neither blighted properties nor
property in need of regulation from an historic standpoint to help
improve the area. Beach front development has traditionally been
a significant investment for homes of extensive value. The
enactment of the Proposed District would severely diminish the
property values and have a severe detrimental economic impact, not
only on the Proposed District, but on those properties extending to
the south of the Proposed District.
My client, Thomas M. Melone, Trustee, has been severely
economically damaged due to his inability to obtain a building
permit for his home. The pursuance of the Proposed District has
frozen his ability to obtain permits, and accordingly, in the event
the Proposed District is further pursued to City Commission level,
Mr. Melone may seek all damages which he has incurred due to the
delay and potential property loss.
I have been informed and 'it has been confirmed independently, that
all six (6) property owners located within the Proposed District
oppose the establishment of the Proposed District. The public
benefit, which is vague and questionable, is severely overshadowed
by the regulatory taking, both economically and, as deprivation of
right of the property owners beneficial use of their properties.
All Property Owners purchase property with a view to having the
right to pursue their home or business interests in a manner
reasonably allowed by law. To deprive these owners of their
economic and beneficial rights of property ownership, which is
opposed by all property owners within the Proposed District, would
be legally intolerable and actionable.
Please consider the foregoing factors in your determination and
hopeful conclusion not to pursue this proposed District any.
Historic Preservation Board,
City of Delray Beach
June 13, 1996
Page 5
further. This matter has come before your Board on several other
occasions and has been strongly opposed and dropped. I hereby
request you to consider a final determination to prohibit this
Proposed District.
Thank you for your anticipated courtesy and cooperation with regard
to this matter. Should you have any questions with respect to the
foregoing, please do not hesitate to contact me.
Sincerely,
ByELK'[~~"/~BAN"K/~]~R & PALMER SCOTT A. ELK, P.A.
SAE:Jvh
cc: Frank E. McKinney, III
Thomas M. Melone
Mayor Jay Alperin
David E. Randolph, Sr.
Kenneth Ellingsworth
Kevin Egan
Karen Kiselewski
Susan Ruby, Esq.
Pat Cacey
David Harden, City Manager
eae\ J vh\c//ent\vent~,tr ®\hied. or 1c. Itt
~701S. Ocean Blvd.
M_RS. JAMES G. AI,FRING
?01 SOIYrH OCEAN BOUt,EVARD
DEI,RAY BEACH, FL 33zt83-6635
May 17, 1996
Ms. Patricia Cayce
City of Delray Beach
Historic Preservation Board
100 N.W. 1st Ave.
Delray Beach, FL 33444
Dear Ms. Cayce:
I am the owner of the property at 701 South Ocean Boulevard, which my
husband and I purchased in 1963 and where we have been living since that time. Our
house is one of the four remaining houses in the proposed Historic District. I
understand that the owners of three remaining houses are opposed to the inclusion of
their properties in the proposed Historic District. And, by this letter I want to advise
you and the Board that I am strongly opposed to the inclusion of my property in the
District.
(
About three years ago my late husband and I became concerned about the
development along the ocean front and suggested to representatives of the Historic
Board that appropriate action be taken to preserve the character of the beach property
as it was at that time. No action was taken. Since then the property (611 South Ocean
Boulevard) immediately to the north of my property has been sold and a large new
residence is in the process of construction. Also the residence, formerly 601 South
Ocean Boulevard, was sold and the house torn down. From my standpoint the damage
has been done and this section of the beach has little or no historic significance.
In view of these developments, I am opposed to the creation of a Historic
District and believe that the Zonihg Commission of Delray Beach should provide my
property with adequate protection.
Sincerely yours,
( cc: Members of Historic Board NAY I~2 1996
Mayor Jay Alperin
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