02-01-05 Agenda Reg
City of Delray Beach ~/
Regular Commission Meeting
I :::::J
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
Tuesday. February 1. 2005 and the right to limit discussion rests with the Commission. Generally, remarks
by an individual will be limited to three minutes or less. The Mayor or
Regular Meeting 6:00 p.m. presiding officer has discretion to adjust the amount of time allocated.
Public Hearings 7:00 p.m. A. Public Hearings: Any citizen is entitled to speak on items under this
Pompey Park
section.
Recreation Center
1101 NW 2nd Street 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.
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.
100 NW 1st Avenue
Delray Beach, Florida 33444 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,
Phone: (561) 243-7000 program, or activity conducted by the City. Contact Doug Randolph at 243-
Fax: (561) 243-3774 7127, 24 hours prior to the event in order for the City to accommodate your
reques t. Adaptive listening devices are available for meetings in the
Commission Chambers.
1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL.
5. APPROVAL OF MINUTES:
· January 18, 2005 - Regular Meeting
6. PROCLAMATIONS:
· NONE
7. PRESENTATIONS:
· Recognition and Presentation to Jamie Titcomb, Executive Director, Palm Beach
County League of Cities
8. CONSENT AGENDA: City Manager Recommends Approval.
A. RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the
actions of the South Central Regional Wastewater Treatment and Disposal Board at
their Quarter Annual Meeting of January 20, 2005.
B. RESOLUTION NO. 5-05 I ABANDONMENT OF EASEMENT:
Approve the abandonment of an exclusive 12' wide water and sewer easement lying
within a portion of Tract "A", Lot 1, Lot 2, Lot 3, and Lot 4, and acceptance of a
replacement easement for Harbor House Plat.
C. RESOLUTION NO.4-OS: Approve Resolution No. 4-05 urging members of the
Florida Legislature to support the growth management issues during the 2005
Legislative Session.
D. RATIFICATION OF THE SISTER CITIES BOARD OF DIRECTORS FOR
2005: Approve and ratify the proposed slate of Directors for the Sister Cities
Committee for 2005.
E. SPECIAL EVENT REOUEST lEAST END VOLLEYBALL TOURNAMENT:
Approve a request from East End Volleyball for the East End Volleyball Tournament
to be held at the municipal beach on April 9 and 10, 2005.
02-01-2005
- 2 -
F. SPECIAL EVENT REOUEST IDELRAY AFFAIR: Approve a special event
request from the Chamber of Commerce to endorse the 43rd Delray Affair to be held on
April 1-3, 2005; including a temporary use permit per LDR Section 2.4.6(H) for street
closures of Atlantic Avenue from NW /SW 1st Avenue to the Intracoastal Waterway and
NE/SE 1 st Street, and blocking access to Atlantic A venue on each side street in this area
at the alleys running parallel to Atlantic Avenue; waiver of LDR Section 4.6.7(F)(3)G)(ü)
to allow event signage to be placed on March 14, 2005, staff support for security and
traffic; contingent upon the staff recommended exceptions in memo dated 1/25/05 and
the receipt of a hold harmless agreement and certificate of liability insurance.
G. SPECIAL EVENT REOUEST I SAINT PATRICK'S DAY PARADE: Approve a
special event request to allow the 37th Annual St. Patrick's Day Parade to be held on
Saturday, March 12, 2005 beginning with setup at noon and ending at approximately
3:30 p.m., grant a temporary use permit per LDR Section 2.3.6(H) for street closures of
Atlantic Avenue from Venetian Drive to the County Courthouse for the parade and
Venetian Drive and Gleason Street for staging of parade entries, staff support for traffic
control and security, barricading, trash removal, and assistance in obtaining the FDOT
permit, use and set up of half of the small stage, waiver of LDR's Section
4.6.7(F)(3)G)(ü) to allow event signage to be placed no earlier than March 2, 2005
contingent upon specified conditions contained in 1/20/00 memo being met and the
receipt of a hold harmless agreement and certificate of liability insurance.
H. SERVICE AUTHORIZATION NO. 14/CURRIE SOWARDS AGUILA
ARCHITECTS/INTRACOASTAL PARK: Approve Service Authorization No. 14
to Currie Sowards Aguila Architects in the amount of $106,750.00 for additional design
services associated with the Intracoastal Park Florida Inland Navigational District
(FIND) Project. Funding is available from 334-4174-572-63.90 (General Construction
Fund/ Other Improvements/Intracoastal Park).
1. SERVICE AUTHORIZATION NO. 1.1/CURRIE SOWARDS AGUILA
ARCHITECTS/LAKE IDA PARK: Approve Service Authorization No. 1.1 to
Currie Sowards Aguila Architects in the amount of $51,250.00 for consultant design
services for the Lake Ida Park Project. Funding is available from 380-4150-572-63.26
(2004 G.O. Bond/Lake Ida Park).
J. AMENDMENT NO. 1 TO THE AGREEMENT WITH CITY CENTER
DEVELOPMENT. LLCIOCEAN CITY LOFTS: Approve Amendment No.1 to
the agreement between the City and City Center Development, LLC to provide for an
increase in payment to the developer in the amount of $32,100.00 for the relocation of
utilities within the City right-of-way on N.E. 4th Avenue.
K. JOINT DEFENSE AGREEMENT ITOWN OF WELLINGTON AND THE
CITY OF DELRAY BEACH v. PALM BEACH COUNTY: Approve a Joint
Defense Agreement regarding the Town of Wellington and the City of Delray Beach v.
Palm Beach County in opposition to Palm Beach County's Charter Amendment relating
to V oluntary Annexation.
02-01-2005
- 3 -
L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
January 18,2005 through January 28, 2005.
M. AWARD OF BIDS AND CONTRACTS:
1. Purchase award in the amount of $135,120.00 to Selectron Technologies, Inc.
and Sungard HTE, Inc. for additional e-govemment modules to include
interactive Web Response for building permits and Utility Customer Service.
Funding is available from 441-5161-536-64.11 (Water/Sewer Fund/Computer
Equipment) and 334-6112-519-66.10 (General Construction Fund/Renewal &
Replacement/Miscellaneous Software).
2. Contract award to Chaz Equipment, Inc. in the amount of $45,000.00 via the
City of Boca Raton Contract for the replacement of a sewer manhole located in
Highpoint. Funding is available from 442-5178-536-63.51 (Water/Sewer
Renewal & Replacement Fund/Sewer Mains).
3. Lease award to Ikon Office Solutions in the total amount of $39,432.24 for a
thirty-six (36) month lease of six (6) digital copiers for various secure locations
for the Police Department. Funding is available from 001-2111-521-44.30
(General Fund/Equipment), 001-2121-521-44.30 (General Fund/Equipment),
001-2117-521-44.30 (General Fund/Equipment), and 001-2115-521-44.30
(General Fund/Equipment).
9. REGULAR AGENDA:
A. CONDITIONAL USE REOUEST I CITYSCAPE: Consider a request for
conditional use approval to allow a building height in excess of 48' (57' 6" proposed)
within the CBD (Central Business District) for Cityscape, a proposed mixed-use
development consisting of 34,000 square feet of retail floor area and 75 residential
condominiums, located at the northwest comer of N.E. 5th Avenue (southbound
Federal Highway) and N.E. 3rd Street. (Quasi-Judicial Hearing)
B. CONDITIONAL USE REOUEST IT HE STRAND: Consider a request for
conditional use approval to allow the density to exceed 30 units per acre (42.7 dwelling
units per acre proposed) and a building height in excess of 48' (57' 7" proposed) within
the CBD (Central Business District) for The Strand, a proposed mixed-use development
consisting of 134 residential units and 28,820 square feet of combined office, retail, and
restaurant space, located on the north and south sides of S.E. 1 st Street, between S.E. 3rd
A venue and the Florida East Coast Railroad (FEC). (Quasi-Judicial Hearing)
C. WAIVER REOUEST/ATLANTIC PALMS: Consider a waiver request to waive
Land Development Regulations (LDR) Section 6. 1.2 (C) (3) (a), "Paving Widths",
6.1.3(B)(3), "Separation", and 6.1.4(C)(3)(b), "Location", for Atlantic Palms pursuant to
LDR Section 2.4.7(B)(5), "Findings". (Quasi-Judicial Hearing)
02-01-2005
- 4 -
D. SCHOLARSHIP AGREEMENT I SAINT PATRICK'S DAY EVENTS. INC.:
Consider approval of a Scholarship Agreement with Saint Patrick's Day Events, Inc. to
establish a scholarship fund for eligible Youth Council members.
E. AMENDMENT NO. 1 TO THE MANAGEMENT AND SUBLEASE
AGREEMENTS IT HE FRIENDS OF SANDOWAY HOUSE NATURE
CENTER.. INC.: Consider approval of Amendment No.1 to both the Management
Agreement and the Sublease Agreement with The Friends of Sandoway House Nature
Center, Inc. to include repair and maintenance of the HV AC system.
F. SPECIAL EVENT REOUEST/LYMPHOMATHON: Consider approval of the
1 st Lymphomathon sponsored by the Lymphoma Research Foundation to be held on
April 17, 2005 from 8:00 a.m. until 2:00 p.m., including temporary use permit per LDR
Section 2.3.6(H) for the use of Anchor Park and City right-of-way along A-l-A from
Casurina to George Bush Boulevard, waiver of parking fees, and staff support for
security / traffic control, barricading, signage, and set up/use of the small stage;
contingent upon specified conditions contained in 1/26/05 memo and the sponsor
providing liability insurance and a hold harmless agreement.
G. AMENDMENT NO.1 TO THE INTERLOCAL AGREEMENT WITH THE
COMMUNITY REDEVELOPMENT AGENCY (CRA)/LANDSCAPING
IMPROVEMENTS/N.E. 3RD AVENUE: Consider approval of Amendment No.1
to the Interlocal Agreement between the City and the Community Redevelopment
Agency (CRA) to provide that the CRA shall increase its contribution amount not to
exceed $43,967.00 to fund the landscaping and irrigation improvements for the N.E. 3rd
A venue Beautification drainage areas.
H. RESOLUTION NO.6-OS: Approve Resolution No. 6-05 naming the City park area
that includes the Boy Scout Hut "The Mike Machek Boy Scout Park".
1. SPECIAL EVENT REOUEST ICELEBRATE THE SOUL OF DELRAY 2005:
Approve a special event request for the 5th Annual "Celebrate the Soul of Delray" event
to be held on Sunday, March 5, 2005 from 10:00 a.m. to 9:00 p.m., including a
temporary use permit per LDR's Section 2.4.6(H) for use of Atlantic Avenue right-of-
way from Swinton Avenue to NW /SW 5th Avenue, use of Tennis Center parking lot
and Clubhouse, use of the large covered City stage; provide staff support for security
and traffic control, barricade set up, trash clean up/removal, EMS services, use of City
trash containers and signage; contingent upon sponsor providing certificates of liability
insurance, liquor liability insurance, and a hold harmless agreement. Staff recommends
denial.
J. PROPOSAL FOR SETTLEMENT IN LEVY v. CITY OF DELRAY BEACH:
Consider a Proposal for Settlement in the amount of $7,500.00 in Levy v. City of Delray
Beach. Staff recommendation is denial.
02-01-2005
- 5 -
K. APPOINTMENT TO THE NUISANCE ABATEMENT BOARD: Appoint one
(1) alternate member to the Nuisance Abatement Board for an unexpired term ending
March 31, 2005. Based upon the rotation system, the appointment will be made by
Commissioner McCarthy (Seat #4).
L. APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY
BOARD: Appoint one (1) member to the Parking Management Advisory Board to
represent the Atlantic Avenue Corridor between Swinton Avenue and Interstate 95 for
an unexpired term ending January 31, 2006. Based upon the rotation system, the
appointment will be made by Commissioner Costin (Seat #1).
M. APPOINTMENT TO THE PLANNING AND ZONING BOARD: Appoint
one (1) regular member to the Planning and Zoning Board for an unexpired term
ending August 31, 2006. Based upon the rotation system, the appointment will be made
by Mayor Perlman (Seat #5).
10. PUBLIC HEARINGS:
A. ORDINANCE NO.7-OS (FIRST READINGIFIRST PUBLIC HEARING):
City initiated amendment to Land Development Regulations (LDR) Appendix "A",
Section 4.3.4(K), "Development Standards Matrix", and Section 4.4.6, "Medium
Density Residential (RM) District" , modifying the development standards 1n
conjunction with the implementation of the Southwest Area Neighborhood
Redevelopment Plan. If passed, a second public hearing will be scheduled for February
15, 2005.
B. ORDINANCE NO. 77-04: City initiated amendment to Land Development
Regulations (LDR) enacting Article 8.5, "Public Art", to establish a public art program.
C. ORDINANCE NO.4-OS: An ordinance amending Chapter 135, "Abatement of
Nuisances", Section 135.10, "Definitions", to comply with the updated Florida Statute
893.138.
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.8-OS: An ordinance amending Chapter 96, "Fire Safety and
Emergency Services", Section 96.16, "Certain Codes Adopted by Reference", of the
Code of Ordinances by enacting a new subsection 96.16(B)(6) to clarify that prior
verification of fire alarms is prohibited. If passed, a public hearing will be scheduled for
February 15, 2005.
02-01-2005
- 6 -
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: ~ANUARY 28, 2005
02-01-2005
- 7 -
JANUARY 18" 2005
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City
Hall at 6:00 p.m., Tuesday, January 18,2005.
1. Roll call showed:
Present - Commissioner Patricia Archer
Commissioner Bob Costin
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Mayor Jeff Perlman
Absent - None
Also present were - David T. Harden, City Manager
Susan A. Ruby, City Attorney
Chevelle D. Nubin, City Clerk
Mayor Perlman announced that the opening prayer will be done in
memory of Representative Shirley Chisholm who passed away a few weeks ago. He
stated she was the first African-American woman elected to Congress. In addition,
Mayor Perlman stated Dr. Paul Ehrlich (a local resident) who served as Acting Surgeon
General of the United States passed away last week.
2. The opening prayer was delivered by Reverend Nancy Norman with Unity
Church of Delray.
3. The Pledge of Allegiance to the flag of the United States of America was
gIven.
4. AGENDA APPROV AL.
Mayor Perlman noted the addition of Item 9.J., Property Acquisition
Status Report to the Regular Agenda by addendum. In addition, he stated there is a
revised Ordinance 77-04 (Item 12.A.).
Mr. Levinson requested that Item 8.1.2., Award of Bids and Contracts,
be moved from the Consent Agenda to the Regular Agenda as Item 9.A.1.
Mr. Costin moved to approve the Agenda as amended, seconded by Mrs.
Archer. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer
- Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion
passed with a 5 to 0 vote.
01/18/05
5. APPRO V AL OF MINUTES:
Mr. Costin moved to approve the Minutes of the Regular Meeting of
January 4, 2005, seconded by Ms. McCarthy. Upon roll call the Commission voted as
follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman
- Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote.
Ms. McCarthy moved to approve the Minutes of the Special Meeting of
January 11, 2005, seconded by Mrs. Archer. Upon roll call the Commission voted as
follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin -
Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote.
6. PROCLAMATIONS:
None.
7. PRESENTATIONS:
7.A.I. Free to Grow Presentation - Dr. Carmen Nicholas
Dr. Cannen Nicholas, Director for the Division of Head Start and
Children's Services for Palm Beach County, gave a brief overview of the Free to Grow
Program and presented both Mayor Perlman and Chief Schroeder with a framed
certificate. She thanked City staff, the Police Department, and the City Commission for
their support.
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. RESOLUTION NO. 2-05: Approve Resolution No. 2-05 assessing costs
for abatement action required to remove nuisances on seven (7) properties throughout the
City.
The caption of Resolution No. 2-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRA Y BEACH,
ASSESSING COSTS FOR ABATING NUISANCES
UPON CERTAIN LAND(S) LOCATED WITHIN THE
CITY OF DELRA Y BEACH AND PROVIDING THAT
A NOTICE OF LIEN SHALL ACCOMPANY THE
NOTICE OF ASSESSMENT; SETTING OUT
ACTUAL COSTS INCURRED BY THE CITY TO
ACCOMPLISH SUCH ABATEMENT AND LEVYING
THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE
-2-
01118/05
DATE AND FOR A DUE DATE AND INTEREST ON
ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND
DECLARING SAID LEVY TO BE A LIEN UPON
THE SUBJECT PROPERTY FOR UNP AID
ASSESSMENTS.
(The official copy of Resolution No. 2-05 is on file in the City Clerk's
office. )
8.B. ACCEPTANCE OF A RIGHT-OF-WAY DEED AND SIDEWALK
EASEMENT/tt85 EAST ATLANTIC A VENUE: Approve and accept a right-of-way
deed and sidewalk easement associated with the 1185 East Atlantic A venue Site Plan
Modification, located at the northwest comer of East Atlantic Avenue and Andrews
Avenue (1185 East Atlantic Avenue).
8.C. RESOLUTION NO.3-OS: Approve Resolution No. 3-05 supporting the
strengthening of Chapter 791, Florida Statutes, relating to the regulation of fireworks.
The caption of Resolution No. 3-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, SUPPORTING
THE STRENGTHENING OF CHAPTER 791, FLORIDA
STATUTES, RELATING TO THE REGULATION OF
FIREWORKS IN THE STATE OF FLORIDA.
(The official copy of Resolution No. 3-05 is on file in the City Clerk's
office.)
8.D. ADDENDUM NO. t/CONSULTING AGREEMENT~ANGTON
ASSOCIATES" INC.: Approve Addendum No.1 to the consulting agreement with
Langton Associates, Inc. to provide for the extension of the agreement on a month to
month basis as previously approved by the Commission.
8.E. SPECIAL EVENT AGREEMENT/JOINT VENTURE: Approve an
agreement between the City and the Joint Venture for Joint Venture sponsored special
events.
8.F. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period January 3, 2005 through January 14, 2005.
8.G. CONSENT TO SUBORDINATION OF MORTGAGE/CRISANTI
DEED: Approve the Subordination of Mortgage for the revised Crisanti Easement Deed.
- 3 -
01/18/05
8.H. AMENDMENT NO. 3/MATCH POINT.. INC.: Consider approval of
Amendment No.3 to the amended and restated agreement between the City and Match
Point, Inc. to allow a reduction in Match Point's charity contribution to the City's charity
fund for the 2004 and 2005 years from $50,000.00 to $25,000.00.
8.1. AWARD OF BIDS AND CONTRACTS:
b Purchase award to Business information Systems, Inc. in the
amount of $18,663.50 to purchase the Digital Audio Recording
System (FTR Gold) including support services; and the purchase
of one (1) laptop computer from Dell in the amount of $1,619.32
for the City Clerk's Office. Funding is available from 001-1411-
512-64.90 (General Fund/Other MachineryÆquipment), 001-1411-
512-46.90 (General Fundi Other Repair/Maintenance Costs), and
001-1411-512-64.11 (General Fundi Computer Equipment).
2. MOVED TO THE REGULAR AGENDA AS ITEM 9.A.1.
3. Purchase award in the amount of $22,151.00 to Innovative
Surveillance Technology to upgrade outdated equipment on Police
Department's Vice, Intelligence, and Narcotics (VIN) Unit's
undercover surveillance vehicle. Funding is available from 115-
2112-521-64.90 (Special Projects FundsILaw
Enforcement/Equipment/Other).
4. Bid award to multiple vendors for the purchase of road
construction materials for the City via Co-op Bid #2004-43 at an
estimated annual cost of $65,000.00. Funding is available from
vanous departments (Streets Division/Construction Division)
operating budget and capital project accounts.
Mr. Costin moved to approve the Consent Agenda as amended, seconded
by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes;
Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said
motion passed with a 5 to 0 vote.
9. REGULAR AGENDA:
9.A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
DECISION/AVENUE EAST: Consider an appeal of the Site Plan Review and
Appearance Board's decision regarding a Class V Site Plan, Landscape Plan, and
Architectural Elevations associated with the development of A venue East (aka Grove
Square), located on the east side of S.E. 2nd A venue, between East Atlantic A venue and
S.E. 18t Street. (Quasi-Judicial Hearing)
Mayor Perlman read into the record the procedures for a Quasi -Judicial
Hearing for this item and all subsequent Quasi-Judicial items.
-4-
01/18/05
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose any ex parte
communications. Mr. Levinson stated he met with Mr. Price Elam. Ms. McCarthy stated
she had a conversation with Michael Weiner. Mayor Perlman stated he met with Mr.
Elam and the architect Randall Stofft. Mr. Costin stated he had a telephone conversation
with Mr. Elam. Mrs. Archer stated she had a telephone conversation with Mr. Weiner.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning project file #2004-288 into the record.
Mr. Dorling stated at its meeting of December 15,2004, SPRAB approved
(vote 4-0, Mayer Abbo, Reginald Cox, and Christina Morrison absent) a Class V site
plan, landscape plan and architectural elevations associated with the construction of a
five-story mixed-use development (55 dwelling units/850 square feet retail). The City
Commission had approved the conditional use requests associated with the A venue East
development proposal (then known as Grove Square), they had noted a concern that the
style of architecture proposed was too industrial for and thus out of character with the
area where the building was proposed (i.e. within the heart of the commercial corridor).
At its meeting of January 4, 2005, the City Commission voted unanimously (5-0) to
appeal the SPRAB action concerning A venue East. The City Commission reiterated
concerns over the industrial façade of the development and that such a style of
architecture may not be appropriate given its proximity to East Atlantic Avenue. A
change to the color scheme of the building and/or modifications to the architectural
details of the building should be considered to remedy the concerns of the City
Commission.
At this point, the applicant came forward.
Price Elam, owner of the project, gave a brief presentation regarding the
changes that have been made to the Plan.
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition, to come forward at this time.
Alice Finst, 707 Place Tavant, representing Progressive Residents of
Delray (PROD), stated there should have been more Board representation and that the
membership should have been larger for a Class V site plan. She does not feel the
changes are that substantial and it is too massive in its design. She urged the
Commission to review the voting process for Class V site plans.
Brief discussion by the Commission followed.
Mr. Levinson stated he met with Mr. Elam and reviewed the amended
proposal and feels the applicant has made significant changes and is now a much better
- 5 -
01/18/05
-------- ---- -- ---- --- - -
looking project. Mr. Levinson stated the modifications the applicant has proposed are
much more appropriate to a residential location than an industrial location.
Mrs. Archer stated the changes that have been made are very nice and is
much more in keeping what the City is looking for.
Mayor Perlman echoed comments expressed by Mr. Levinson and Mrs.
Archer. He commended Mr. Stofft and Mr. Elam for the great job they did at softening
the building and for taking the suggestions of the Commission and putting them into
practice.
Mr. Costin moved to approve the appeal of the Site Plan Review and
Appearance Board's approval of a Class V Site Plan, Landscape Plan and Architectural
Elevations associated with the Development of A venue East, seconded by Mr. Levinson.
Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin -
Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed
with a 5 to 0 vote.
9.A.1. Purchase award to R&S Inteerated Products and Services~ Inc. in the
amount of $22~995.00 to purchase the Easv Aeenda Software includine support and
uperades: and the purchase of eieht (8) laptop computers from Dell and ten (10)
USB Drives from PC Universe in the amount of $13~424.56 for the paperless aeenda.
Fundine is available from 001-1411-512-66.10 (General Fund/Software)~ 001-1411-
512-46.90 (General Fund/Other Repair/ Maintenance Costs)~ 001-1111-511-64.11
(General Fund/Computer Equipment)~ 001-1211-512-64.11 (General
Fund/Computer Equipment)~ 001-1802-512-64.11 (General Fund/Computer
Equipment)~ and 001-1411-512-64.11 (General Fund/Computer Equipment).
Mr. Levinson suggested that some of the dates in the agreements be
amended. Secondly, he does not feel there is much to offer with regard to training. Mr.
Levinson stated based on the experience that the School Board has had with their
paperless agenda they have spent several hours trying to work out glitches. He expressed
concern with the open end amount of $1,500 per day for training and stated in the
beginning it is going to take a few meetings to work through some of the glitches and
there is going to be a significant learning curve based upon previous experience on what
other cities have done and feels staff should provide a certain number of hours up front for
this.
After brief discussion, the Commission noted that they want to be included
in the training for the paperless agenda.
Mr. Levinson moved to approve the hardware purchase and the software
purchase to come back before the Commission, seconded by Mr. Costin. Upon roll call
the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson -
Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote.
- 6-
01/18/05
9.B. NEIGHBORHOOD ACTION PLANIRAINBERRY WOODS:
Consider approval and the adoption of the Rainberry Woods Neighborhood Action Plan
presented by Lula Butler, Director, Community Improvement; Nancy Davila,
Horticulturist; and Kai Holmgren, President, Rainberry Woods Homeowners'
Association.
Lula Butler, Director of Community Improvement, gave a brief
presentation of the Rainberry Woods Strategic Task Team Neighborhood Action Plan.
She stated the purpose of the Strategic Task Team is to allow the City to partner with the
homeowners' association, do a comprehensive approach to addressing issues that affect
the quality living environment of their neighborhood, identify issues, come up with
solutions, and work hand in hand with the residents living in those neighborhoods.
Nancy Davila, City Horticulturist, gave a brief PowerPoint presentation.
Brad Dauler, speaking on behalf of Rainberry Woods, thanked the City of
Delray Beach for helping them to improve and beautify their neighborhood. He briefly
discussed the reasons for the current state of the neighborhood.
Mrs. Archer commented about auto repairs being done in the driveways
and out of garages. Mrs. Butler stated this is definitely not allowed and this is being
addressed through Code Enforcement. Mrs. Archer expressed concern over the Live Oak
trees and stated after 3-5 years these trees must be pruned every other year or they
become problems in strong windstorms. She inquired about the use of these trees
because she feels this is a financial impact on the community.
Ms. McCarthy expressed concern over the bus route.
Mr. Levinson stated he attended a meeting at the church and noted it was
interesting to see the lack of participation by the elected Board. He commended the
neighborhood for their efforts and coming up with a terrific plan to improve the
neighborhood.
Mayor Perlman stated this is a wonderful effort and asked how staff is
phasing this. Mrs. Butler stated staff is proposing a three year phasing project. The first
phase will include landscaping, signage, irrigation, mailboxes, and some new fencing.
The second year the traffic calming elements will be provided and the third year the
playground equipment and recreational components will be provided.
Mayor Perlman congratulated the neighborhood for the Rainberry Woods
Strategic Task Team Neighborhood Action Plan.
Mr. Levinson moved to approve the Rainberry Woods Neighborhood
Action Plan, seconded by Ms. McCarthy. Upon roll call the Commission voted as
follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman
- Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote.
- 7 -
01/18/05
--
At this point, the time being 7:10 p.m. the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.Á. ORDINANCE NO. 75-04: Future Land Use Map Amendment (FLUM)
from County HR-8 (High Density Residential-8 dwelling units per acre) to City MD
(Medium Density Residential 5-12 dwelling units per acre) and annexation with initial
City zoning of RM-8 (Medium Density Residential-8 dwelling units per acre) for
Gramercy, located 260 feet west of Military Trail and 710 feet south of West Atlantic
Avenue. Prior to consideration of passage of Ordinance No. 75-04 on Second and
FINAL Reading, a public hearing has been scheduled to be held at this time. (Quasi-
Judicial Hearing)
The caption of Ordinance No. 75-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
ANNEXING TO THE CITY OF DELRA Y BEACH, A
PARCEL OF LAND LOCATED 710 FEET SOUTH OF
WEST ATLANTIC A VENUE AND 260 FEET WEST OF
MILIT ARY TRAIL, AS MORE P ARTICULARL Y
DESCRIBED HEREIN, WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS;
REDEFINING THE BOUNDARIES OF THE CITY TO
INCLUDE SAID LAND; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND;
AFFIXING AN OFFICIAL LAND USE DESIGNATION
OF MD (MEDIUM DENSITY RESIDENTIAL 5-12
DU/AC) FOR SAID LAND TO THE FUTURE LAND
USE MAP AS CONTAINED IN THE COMPEHENSIVE
PLAN; ELECTING TO PROCEED UNDER THE
SINGLE HEARING ADOPTION PROCESS FOR
SMALL SCALE LAND USE PLAN AMENDMENTS;
PROVIDING FOR THE ZONING THEREOF TO RM-8
(MEDIUM DENSITY RESIDENTIAL-8 UNITS PER
ACRE) DISTRICT; PROVIDING A GENERAL
REPEALER CLAUSE, PROVIDING A SA VING
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 75-04 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
- 8-
01/18/05
~--
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose any ex parte
communications. Mr. Levinson stated he has had discussion with staff. Ms. McCarthy,
Mayor Perlman, Mr. Costin, and Mrs. Archer had no additional ex parte communications
to disclose other than what was previously disclosed.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project files #2004-291 and #2004-292 into the record.
Mr. Dorling stated the subject property consists of 6 separate parcels with
5 single family lots plus the access tract. Three of the parcels contain single family
homes and two are vacant. This is a designated annexation area for the City of Delray
Beach and has an advisory land use designation of transitional which allows residential
developments with a density between 5-12 units to the acre.
The applicant has indicated that if they are successful in the annexation
and zoning request they would combine them with the two lots that front on Military
Trail and would do an overall townhouse development of approximately eight units to the
acre. Mr. Dorling stated this is being processed as a FLUM amendment as well as a
voluntary annexation. The FLUM amendment is processed as a small scale amendment
which is not subject to the twice a year restrictions. The County designation is HR-8
which is high density residential. The required findings with respect to LDR Section
3.1.1, 3.2.2, and 2.4.5(D)(5), and that the property is contiguous, reasonably compact and
does not create an enclave; and, that services will be provided to the property in a manner
similar to other similar properties within the City.
At its meeting of December 20, 2004, the Planning and Zoning Board held
a public hearing in conjunction with the requests. There was public testimony from the
residents of the adjacent property to the west and their main concerns where that their
properties would be landlocked and the proposed development was eliminating the
alternative access point previously proposed from Military Trail.
The City Attorney stated because this is an annexation and zoning the City
cannot condition the annexation on any particular thing. However, direction has been
given that the plat would not approved or subdivision or a site plan without showing the
access that is needed.
Mr. Dorling stated with regard to vacating the dedicated ingress/egress
staff would not support eliminating it unless there was a similar alternative provided from
Military Trail.
At this point, the applicant came forward.
- 9-
01/18/05
Bradley Miller, Miller Land Planning Consultants, Inc., representing
Home Devco Corporation of South Florida (applicant), stated they are requesting
annexation, land use, and zoning for a 4.8 acre parcel which will be tied in with the
adjacent parcels. Mr. Miller stated the access would be from Military Trail along by a
lake system and there will be units both to the north and the south of the canal. He stated
the original application was for 12 units per acre for this subject parcel which would have
provided for a density of approximately 9.4 acres; however, through the process he
revised the application which lowered the density to 8.8 units per acre. Mr. Miller stated
staff recommended the 8 units per acre which was reinforced by the Planning and Zoning
Board and the applicant is now in agreement with the 8 units per acre giving them 109
units for the overall project. He stated the access is in the northeast comer in the Mil-
Atlantic parcel and leads over to the comer of the parcel that is being annexed. Mr.
Miller stated he is opposed to continuing the access through from the standpoint of they
are building a residential community for people to live in. He is opposed to extending the
road through for the public for projects that would be built on the west side. He urged the
Commission to approve the annexation and stated the land use amendment would go to
medium density; the zoning would go to RM -8 pursuant to staff recommendations and
the Planning and Zoning Board recommendations. Mr. Miller stated he is only opposed
to the access.
Walter Lunsford, 14887 518t Terrace So., Delray Beach, stated he and his
wife live on the first parcel and the access comes right across 518t Terrace. He stated the
County allowed the applicant to build the building in the easement which makes this a
very dangerous comer because of the blind spot. Mr. Lunsford stated when trucks are
loading and unloading one has to go around them to get in and out. He urged the
Commission to continue it across the property to allow the property owners access and so
that they can get in and out of their properties safely without worrying about trucks being
in the way. Mr. Lunsford stated he has to go through a loading and unloading zone no
matter which way they choose to go home and in his opinion is a non-confonning
entryway to their property. He asked the City for assistance in resolving this issue. He
stated the entryway on the north side of Mil-Atlantic property will prevent them from
going through the development of 109 units. He stated he is not opposed to a variance
being made on the five acres on the east side of 51 8t Terrace of 15 feet from the road
right-of-way instead of 30 feet to allow them to make up the land they are going to lose
by bringing in the roadway.
Barbara Robbins, 14983 518t Terrace So., Delray Beach, stated she too
lives on the five acre parcel and feels the property value will decrease if water and sewer
does not get in. Mrs. Robbins reiterated comments expressed by Mr. Lunsford.
Mr. Dorling stated with regard to concerns expressed about water and
sewer being available to those parcels, the City will require stub-outs to serve whatever
happens on the five acres whether it is an extension for the existing properties or for
future redevelopment.
- 10-
01/18/05
Mr. Miller stated the photo that was shown of the truck loading is actually
in an area that is designated for the shopping center which is not the legal access that is
platted and recorded as part of the record for this property.
Brief discussion by the Commission followed.
Mr. Levinson asked what the width is of the north and south easement that
will service these parcels. Mr. Dorling stated he believes it is 20 feet behind the shopping
center and 60 feet wide where the dirt road is between the two five acre tracts.
Mr. Dorling stated the subdivision was built before the shopping center
was and the shopping center was built in front of them and the County did not provide
proper access at that time.
Mr. Miller stated with regard to the access issue this will be addressed at
the site plan and platting stage.
Mr. Levinson moved to adopt Ordinance No. 75-04 on Second and FINAL
Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows:
Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes;
Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote.
10.B. ORDINANCE NO. 79-04 (SECOND READING/SECOND PUBLIC
HEARING): Privately initiated amendment to Land Development Regulations (LDR)
Section 4.4.24, "Old School Square Historic Arts District" (OS SHAD), Subsection
4.4.24(B), "Principal Uses and Structures", and Subsection 4.4.24(F), "Development
Standards", to allow the permitted uses and development standards of the CBD (Central
Business District) zoning district to apply to the south 34.75 feet of Lot 6, Block 75.
Prior to consideration of passage of Ordinance No. 79-04 on Second and FINAL
Reading, a public hearing has been scheduled to be held at this time. (Quasi-Judicial
Hearing)
The caption of Ordinance No. 79-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY
AMENDING SECTION 4.4.24, "OLD SCHOOL
SQUARE HISTORIC ARTS DISTRICT (OS SHAD)",
SUBSECTION 4.4.24(B), "PRINCIP AL USES AND
STRUCTURES" TO INCLUDE AN ADDITIONAL
PROPERTY THAT IS ALLOWED THE PERMITTED
USES OF THE CBD ZONING DISTRICT; AMENDING
SUBSECTION 4.4.24(F), "DEVELOPMENT
STANDARDS", TO INCLUDE AN ADDITIONAL
- 11 -
01/18/05
--~~
PROPERTY IN THE OSSHAD DISTRICT THAT IS
SUBJECT TO THE STANDARDS OF THE CBD
ZONING DISTRICT; PROVIDING A SA VING CLAUSE,
A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 79-04 is on file in the City Clerk's
office.)
Mr. Costin declared a conflict of interest and stepped down from the dais.
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
The City Attorney stated this is being conducted as Quasi-Judicial Hearing
because it involves one property; however, because it is really a text change the City is
reserving its rights to argue that later.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose any ex parte
communications. Mr. Levinson stated he received a telephone call today from Mr.
Weiner Ms. McCarthy stated she had an additional telephone call from Mr. Weiner
today. Mayor Perlman stated he had no additional ex parte communications to disclose
other than what was previously disclosed. Mrs. Archer stated she received the same
telephone call.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning proj ect file into the record.
Mr. Dorling stated this request is in conjunction with a development
proposal which includes Lots 5 through 8 and 13 through 16, Block 75. Lots 13 through
16 are zoned CBD and Lots 5 through 8 are zoned OSSHAD. Lots 7 and 8 are subject to
the CBD development regulations while Lots 5 and 6 are subject to the development
standards of OSSHAD. Accompanying the development request was an LDR text
amendment to include Lot 5 and Lot 6 in the list of properties that could be developed
pursuant to the CBD development standards.
At its meeting of September 15, 2004, the Historic Preservation Board
recommended approval. At its meeting of September 27, 2004, the Planning and Zoning
Board recommended denial of the text amendment. At its meeting of November 7,2004,
the City Commission postponed the ordinance at the request of the applicant. The
applicant has revised the LDR text amendment proposal and the request now includes
only the south 34.75' of Lot 6 as the property which could be developed pursuant to the
allowed uses and development standards of the CBD zoning district. The remainder of
- 12-
01/18/05
Lot 5 and Lot 6 would continue to be developed under the OSSHAD district regulations
providing a transition between CBD to the south and OSSHAD to the north.
At its meeting of December 9, 2004, the Community Redevelopment
Agency (CRA) considered the text amendment and recommended approval (4-0 vote).
At its meeting of December 1, 2004, the Pineapple Grove Main Street Executive
Committee considered the LDR text amendment and recommended approval. At its
meeting of December 15, 2004, the Historic Preservation Board considered the LDR text
amendment to Sections 4.4.24(B) & (F) and the Board unanimously recommended
approval. At its meeting of December 20, 2004, the Planning and Zoning Board held a
public hearing regarding this item and two people from the public expressed opposition
to the proposed text amendment. After discussing the amendment, the Board voted 4-1
(Kincaide dissenting) to recommend approval of the proposed amendment to the LDR's
Sections 4.4.24(B) and (F), by adopting the findings of fact and law contained in the
Planning and Zoning staff report and finding that the request is consistent with the
Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5).
Jason Mankoff, Attorney with Weiner & Aronson, P.A., 102 N. Swinton
A venue, representing applicant, worked with staff and agrees with staff s presentation.
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition, to come forward at this time.
Diane Colonna, Executive Director of the CRA, stated this is an important
compromise due to the tricky situation with two zoning districts with the land being
developed. She stated the Board was unanimously in favor of this compromise and urged
the Commission to support.
There being no one else who wished to address the Commission regarding
Ordinance No. 79-04, the public hearing was closed.
Mrs. Archer moved to adopt Ordinance No. 79-04 on Second and FINAL
Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows:
Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes.
Said motion passed with a 4 to 0 vote.
to.C. ORDINANCE NO. 74-04 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending Land Development Regulations (LDR) Section
4.6.9(E), "Location of Parking Spaces", relating to in-lieu fees and amending Appendix
"A", "Definitions", by enacting a definition for new development, redevelopment, and in-
fill development. Prior to consideration of passage of this ordinance on Second and
FINAL Reading, a public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 74-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
- 13 -
01/18/05
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY
AMENDING SECTION 4.6.9, "OFF-STREET PARKING
REGULATIONS", SUBSECTION 4.6.9(E), "LOCATION
OF PARKING SPACES" TO PROVIDE FOR CHANGES
IN THE IN-LIEU PARKING FEE, ALTERNATIVES TO
PURCHASING IN-LIEU FEE PARKING SPACES, AND
AMENDING THE IN-LIEU FEE DISTRICT MAP TO
REFLECT EXP ANSION OF AREA 2; AMENDING
APPENDIX "A" BY ENACTING A DEFINITION FOR
"NEW DEVELOPMENT AND IN- FILL
DEVELOPMENT"; PROVIDING A SA VING CLAUSE,
A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 74-04 is on file in the City Clerk's
office. )
Mayor Perlman passed the gavel to Vice Mayor McCarthy and left the
dais.
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated at its meeting of
September 21, 2004 the City Commission considered Ordinance No. 35-05 which
contained recommended changes to the in-lieu parking fee section of the LDR. The City
Commission denied the ordinance over concerns with limiting the number of in-lieu
spaces and the shared parking program. At its meeting of November 9, 2004, the City
Commission directed staff to eliminate the two areas of concern and bring back a
modified ordinance which is now before the Commission for review.
At its meeting of November 16, 2004, the Parking Management Advisory
(PMAB) Board, unanimously recommended approval of the proposed changes. At its
meeting of December 9, 2004, the Community Redevelopment Agency (CRA)
unanimously recommended approval (4-0 vote). At its meeting of December 13, 2004,
the Downtown Development Authority (DDA) recommended approval although they did
have concerns with the two (2) year prohibition for new construction. Staff recommends
approval.
Vice Mayor McCarthy declared the public hearing open.
Jim Smith, 1225 S. Ocean Boulevard, Delray Beach, asked if the City still
has the no feelno interest on the in-lieu. He suggested that there be something upfront
that one would pay less; if you pay immediately you pay a little more if it is on a time
period.
- 14-
01/18/05
There being no one from the public who wished to address the
Commission on Ordinance No. 74-04, the public hearing was closed.
Mr. Costin moved to adopt Ordinance No. 74-04 on Second and FINAL
Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows:
Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Vice Mayor McCarthy - Yes.
Said motion passed with a 4 to 0 vote.
10.D. ORDINANCE NO. 1-05: An ordinance adopting the Community
Redevelopment Agency Plan Amendment. Prior to consideration of passage of this
ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held
at this time.
The caption of Ordinance No. 1-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
MODIFYING THE COMMUNITY REDEVELOPMENT
PLAN FOR THE CITY OF DELRA Y BEACH; FINDING
THAT THE MODIFICATIONS CONFORM TO THE
COMMUNITY REDEVELOPMENT ACT OF 1969, AS
AMENDED; FINDING THAT THE MODIFICATIONS
ARE CONSISTENT WITH THE CITY OF DELRA Y
BEACH'S COMPREHENSIVE PLAN, AND MAKING
FURTHER FINDINGS PURSUANT TO THE
APPLICABLE REQUIREMENTS OF FLORIDA
STATUTE 163.360; PROVIDING A GENERAL
REPEALER CLAUSE, A SA VING CLAUSE AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 1-05 is on file in the City Clerk's
office.)
Mayor Perlman declared a conflict of interest and passed the gavel to Vice
Mayor McCarthy and left the dais.
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Diane Colonna, Executive Director of the CRA, gave a brief overview of
the ordinance.
Vice Mayor McCarthy declared the public hearing open. There being no
one from the public who wished to address the Commission regarding Ordinance No. 1-
05, the public hearing was closed.
- 15 -
01118/05
---
Mrs. Archer moved to adopt Ordinance No. 1-05 on Second and FINAL
Reading, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr.
Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Vice Mayor McCarthy - Yes.
Said motion passed with a 4 to 0 vote.
10.E. ORDINANCE NO. 3-05: An ordinance amending Chapter 96, "Fire
Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation
Fees", of the Code of Ordinances to adjust the fee schedule for emergency medical
transportation in accordance with the National American Fee Schedule. Prior to
consideration of passage of Ordinance No. 3-05 on Second and FINAL Reading, a public
hearing has been scheduled to be held at this time.
The caption of Ordinance No. 3-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 96, "FIRE SAFETY AND
EMERGENCY SERVICES", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRA Y BEACH,
BY AMENDING SECTION 96.66. "EMERGENCY
MEDICAL TRANSPORTATION FEES", SUBSECTION
96.66(A), TO ADJUST THE FEE SCHEDULE FOR
EMERGENCY MEDICAL TRANSPORTATION IN
ACCORDANCE WITH THE NATIONAL AMERICAN
FEE SCHEDULE; PROVIDING A SA VING CLAUSE, A
GENERAL REPEALER CLAUSE AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 3-05 is on file in the City Clerk's
office.)
Upon his return to the dais, Vice Mayor McCarthy passed the gavel back
to Mayor Perlman.
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
The City Manager stated this ordinance amends the Code to include the
increases in fees previously approved by the Commission.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 3-05,
the public hearing was closed.
- 16-
01/18/05
Mr. Levinson moved to adopt Ordinance No.3-OS on Second and FINAL
Reading, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr.
Costin - Yes. Said motion passed with a 5 to 0 vote.
1 O.F. ORDINANCE NO. 80-04 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending Land Development Regulations (LDR) Section
4.6.9, "Off-Street Parking Regulations", Subsection 4.6.9(B), "Applicability", to provide
a credit for parking under certain circumstances where a governmental entity acquires
property for public parking. Prior to consideration of passage of this ordinance on Second
and FINAL Reading, a public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 80-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING ARTICLE 4.6, "SUPPLEMENTAL
DISTRICT REGULATIONS" OF THE LAND
DEVELOPMENT REGULATIONS BY AMENDING
SECTION 4.6.9, "OFF -STREET PARKING
REGULATIONS", SUBSECTION (B) "APPLICABLITY"
BY CREATING A NEW SUBSECTION 4.6.9(B)(4)
PROVIDING A CREDIT FOR PARKING UNDER
CERTAIN CIRCUMSTANCES WHERE A
GOVERNMENTAL ENTITY ACQUIRES PROPERTY
FOR PUBLIC PARKING, PROVIDING FOR
RENUMBERING; PROVIDING A SA VING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 80-04 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated in order to acquire
lands for parking, it is in the public interest to credit the private owner from whom the
land is acquired with parking spaces it has vested rights to, which are then transferable to
other properties owned by the same property owner within 300 feet of the property
acquired by the governmental entity to acquire property in a manner that is mutually
beneficial and expeditious. The distance of 300 feet was derived from and is consistent
with the distance requirement currently in the LDR's associated with off-site parking
agreements. Mr. Dorling stated the proposed text amendment is consistent with and
furthers the Goals, Objectives and Policies of the Comprehensive Plan.
- 17 -
01/18/05
- -- - ---
At its meeting of December 20, 2004, the Planning and Zoning Board
unanimously recommended approval of the proposed ordinance. At its meeting of
December 21, 2004, the Parking Management Advisory Board (PMAB) unanimously
recommended approval of the proposed ordinance.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 80-04,
the public hearing was closed.
Mr. Costin moved to adopt Ordinance No. 80-04 on Second and FINAL
Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows:
Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes;
Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote.
to.G. ORDINANCE NO. 78-04 : City initiated amendment to Land
Development Regulations (LDR) Section 2.4.2(B), "Public Hearing Requirements",
Section 2.4.3(A), "Standard Application Items", Section 2.4.5(M), "Amendment to the
Land Development Regulations", Section 4.5.1 (C), "Designation Procedures", to provide
for the elimination of certain notices not required by state law and adding new public
notice requirements. Prior to consideration of passage of this ordinance on Second and
FINAL Reading, a public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 78-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH,
BY AMENDING SECTION 2.4.2(B), "PUBLIC
HEARING REQUIREMENTS", TO PROVIDE FOR
ELIMINATION OF CERTAIN NOTICES NOT
REQUIRED BY STATE LAW AND ADDING NEW
PUBLIC NOTICE REQUIREMENTS AND BY
PROVIDING THAT THE CONDUCT OF A PUBLIC
HEARING SHALL BE IN ACCORDANCE WITH
ADOPTED RULES; BY AMENDING SECTION
2.4.3 (A), "STANDARD APPLICATION ITEMS", TO
PROVIDE FOR A CORRECT REFERENCE TO
CERTAIN NOTICE REQUIREMENTS; BY AMENDING
SECTION 2.4.5(M), "AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS", TO PROVIDE FOR
GRAMMATICAL CHANGES AND CLARIFYING
CERTAIN LIMITS FOR AMENDMENTS TO THE
LAND DEVELOPMENT REGULATIONS; AMENDING
4.5. 1 (C)(4) TO PROVIDE THAT NOTICES FOR
DESIGNATION OF HISTORIC SITES OR DISTRICTS
WILL CONFORM TO THE NOTICES GIVEN FOR
- 18 -
01/18/05
--~~-
REZONINGS EXCEPT THE PROPERTY NEED NOT BE
POSTED; PROVIDING A SA VING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 78-04 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated the proposed text
amendment is provided to streamline the notification requirements to eliminate certain
notices not required by State Law; and add new notices in keeping with the requests from
citizens; and to utilize the changes in technology to increase the City's ability to inform
its citizens of public hearing items while reducing costs for notification through the
elimination of certain published advertisements.
At its meeting of December 20, 2004, the Planning and Zoning Board held
a public hearing regarding the proposed text amendment and the Board voted 5-0
(Borchardt and Krall absent) to recommend approval.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 78-04,
the public hearing was closed.
Prior to the vote, Mr. Levinson stated Commissioner McCarthy is the one
who recommended posting notices on the property and he feels this is a great idea. He
suggested that the City use a notice that will be easily visible, unique and consistent as
like the County uses. Mr. Dorling stated staff is working with the same firm that creates
the County signs and therefore the City's sign will be very similar in color, etc. to the
County. Mr. Dorling stated the ordinance has an effective date of thirty days after to
allow sufficient time to get the signs.
Mr. Levinson moved to adopt Ordinance No. 78-04 on Second and FINAL
Reading, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes. Said motion passed with a 5 to 0 vote.
10.D. ORDINANCE NO. 2-05 : An ordinance amending Chapter 34,
"Elections", Section 34-01, "State Law to Govern", to "opt-out" of the provisions of
Section 101.657, Florida Statutes, the early voting requirements. Prior to consideration
of passage of this ordinance on Second and FINAL Reading, a public hearing has been
scheduled to be held at this time.
- 19-
01/18/05
The caption of Ordinance No. 2-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 34, "ELECTIONS", SECTION
34.01, "STATE LAW TO GOVERN", EXEMPTING
ITSELF FROM THE PROVISIONS OF SECTION
101.657, F.S., SPECIFICALLY RELATED TO EARLY
VOTING; PROVIDING FOR RELETTERING;
PROVIDING A GENERAL REPEALER CLAUSE, A
SA VING CLAUSE AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 2-05 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 2-05,
the public hearing was closed.
Ms. McCarthy moved to adopt Ordinance No. 2-05 on Second and FINAL
Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows:
Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 11, Comments and
Inquiries on Non-Agenda Items from the City Manager and the Public.
11.A. City Manaf!er's response to prior public comments and inauiries.
The City Manager had no comments or inquiries on non-agenda items.
11.B. From the Public.
l1.B.1. Charles Bonfield" 220 MacFarlane Drive" Delrav Beach" FL 33483
stated he helped form an organization called S.A.F.E. (Safety as FDOT Envisions). The
primary goal of the organization is to advocate and lobby for safe pedestrian and bicycle
facilities in Delray Beach and Palm Beach County.
11.B.2. Alvin Weinstein" 200 MacFarlane Drive" Delrav Beach" stated he is a
member of the S.A.F.E. organization and noted last week S.A.F.E. had a meeting with
Rick Chesser (FDOT's Secretary/District IV). Mr. Chesser made copies of the signed
petitions and the originals will be submitted to the Commission. Mr. Weinstein stated the
- 20-
01/18/05
meeting was very informative and one of the items discussed was that FDOT considers
safety as the paramount consideration for all projects (roadways, bikeways, and
sidewalks).
11.B.3. Jim Smith" 1225 S. Ocean Boulevard" Delrav Beach" publicly thanked
Mr. Costin for his many hours of public service to Delray Beach and wished him a
healthy and happy retirement.
Secondly, Mr. Smith stated S.A.F.E. met and discussed other safety
problems that were not addressed in the original ADHOC Committee Report. One
concern is a substandard walkway on the east side of A-I-A at the northern end of the
beach where pedestrians are re-routed. He commented about a woman who tripped on a
walkway recently and was injured. He suggested that the walkway be brought up to
standards by extending the existing sidewalk northward and stated deeded land may be
used for that purpose and also for adding bicycle lanes and sidewalks on both sides of the
street. Mr. Smith stated he looks forward to meeting with the Mayor to address all safety
concerns regarding the speed motorists are currently driving along A-I-A.
At this point, the time being 8:30 p.m. the Commission moved to Item
9.C.
9.C. REQUEST TO REDUCE LIENS/CUEV AS: Consider a request from
Mr. G. Steven Brannock, representing Mr. Domingo Cuevas, to waive the interest and
administrative fees totaling $9,422.25 assessed for abating nuisances on three (3)
properties on N.W. 13th Avenue: 40 S.W. 13th Avenue, 35 N.W. 13th Avenue, and Lot 20,
Block 1, Atlantic Park Gardens on N.W. 13th Avenue. Mr. Cuevas is prepared to pay the
remaining lien of$7,996.08. Staff recommends approval.
Lula Butler, Director of Community Improvement, stated this is a request
from Mr. G. Steven Brannock, P.A. (agent for the owner) for three lots. These properties
are addressed as: (1) 40 S.W. 13th Avenue, (2) 35 N.W. 13th Avenue and (3) Lot 20,
Block 1, Atlantic Park Gardens on N.W. 13th Avenue. The total amount of hard cost,
accrued interest and administrative fees is $17,418.33 through demolition and/or abating
nuisances over the years. The applicant is requesting a waiver (100%) of these fees in
support of applicant building new affordable housing within the next year. Based upon
the policy adopted by the City Commission in October 2003, staff recommends reducing
the liens in the amount of $9,422.25 and that the City require the payment within 30 days
of Commission approval of the City's actual out-of-pocket costs in the amount of
$7,996.08. In addition, Mrs. Butler stated staff recommends that the Commission
condition the approval on the liens being released as soon as the building pennit is
submitted.
Ms. McCarthy asked if the applicant has shared with staff the definition of
affordable housing. In response, Mrs. Butler stated the applicant has not.
G. Steven Brannock, P.A., (Law Office), representing Mr. Domingo
Cuevas, stated he is not sure what kind of housing Mr. Cuevas intends to build although
- 21 -
01/18/05
he is hoping to have something built within the next year. Mr. Brannock stated in
addition to the liens it is a Quiet Title action to clear up another matter and explained it is
just in the beginning of the entire process.
Brief discussion by the Commission followed.
Prior to the vote, Mr. Levinson stated the objective initially was to take
many of the lots that were in- fill lots or houses that were in bad condition as an incentive
for developers to create housing on predominantly vacant lots although some non-vacant
lots. He suggested that staff review the existing policy and see if it makes sense to add
the affordability component. Mr. Levinson stated the amount of the liens could be
reduced by a certain percentage based upon some affordability so that the lower the price
of the home the more relief one would get which would help mitigate the cost of the
property.
The Commission concurred with comments expressed by Commissioner
Levinson.
Mr. Levinson moved to approve the request to reduce liens in the amount
of $9,422.25 subject to the condition that the liens are paid within thirty (30) days from
City Commission approval and that the liens are released upon submission of the building
permit, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr.
Costin - Yes; Mrs. Archer - No; Mr. Levinson - Yes; Ms. McCarthy - No; Mayor
Perlman - Yes. Said motion passed with a 3 to 2 vote, Commissioner Archer and
Commission McCarthy dissenting.
9.D. ALTERNATIVE WATER SUPPLY FUNDING
AGREEMENT/SOUTH FLORIDA WATER MANAGEMENT DISTRICT
(SFWMD): Consider approval of an Alternative Water Supply Funding Program
Agreement in the amount of $150,000.00 with the South Florida Water Management
District (SFWMD) establishing the terms of administration of an Alternative Water
Supply 50% matching grant for construction costs related to the Phase I Reclaimed Water
Transmission System Project.
The City Manager stated this is on the regular agenda because the Water
Management District requested specific action in the Minutes.
Mr. Costin moved to approve the Alternative Water Supply Funding
Agreement with South Florida Water Management District (SFWMD) in the amount of
$150,000.00, seconded by Mr. Levinson. Upon roll call the Commission voted as
follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman
- Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote.
9.E. POLICE AND FIREFIGHTER PENSION PLAN RETIREE
SURVEY: Consider the request from DROP participants that they be allowed to
purchase the increase from 3% to a 3.5% multiplier for Police and Firefighter Pension
Plan retirees, and proceed with requesting an Internal Revenue Service (IRS) letter ruling.
- 22-
01/18/05
Staff recommends denial.
Joseph Safford, Finance Director, stated on March 11, 2004 the City
Commission approved Ordinance No. 18-04 which allowed active employees that
participate in the Police and Firefighter Pension Plan to election a 3.5% multiplier for all
past and future service. In May, 2004, a letter was received from a DROP Plan
participant requesting consideration of DROP Plan retirees receiving this 3.5% enhanced
multiplier. They were willing to pay for the full actuarial cost of this benefit. In June
2004, the City Manager requested an actuarial determination as to the cost of all retirees
(DROP Plan and regular retirees). The opinions of the City's actuaries and attorneys
concluded that, if we can allow a benefit change at all for retirees, only after-tax funds
could be used to purchase the benefit enhancement. The attorneys recommended that the
City request a private letter ruling from the IRS to determine if a retiree can voluntarily
purchase an enhanced benefit after they enter the DROP Plan or after they terminate and
retire. A favorable ruling would be needed in order to approve the purchase of the
enhanced benefit. In November, 2004 as directed by the City Commission, the City sent
out 104 individual survey questionnaires to Police and Firefighter Pension Plan retirees
regarding their interest in purchasing (at their cost) a 3.5% multiplier and having this
applied to their future pension benefits. There were 44 responses from the relevant
survey group of 94 retirees. There was a corresponding response rate of 40.9% "Yes"
and 59.1 % "No".
Staff recommends denial of implementing a 3.5% multiplier benefit
change for the Police and Firefighter Pension Plan retirees and recommends that the City
not proceed with an Internal Revenue Service (IRS) letter ruling.
Mr. Levinson asked if the survey indicated a range of dollars. Mr. Safford
stated the survey did indicate a range of dollars and the retirees were also notified that
there is basically a ten year payback of costs which does not include tax consequences so
therefore it could be more than ten years.
Mrs. Archer moved to approve to proceed with the Internal Revenue
Service (IRS) letter ruling, seconded by Ms. McCarthy. Upon roll call the Commission
voted as follows: Mr. Levinson - No; Ms. McCarthy - No; Mayor Perlman - No; Mr.
Costin - No; Mrs. Archer - No. Said motion was DENIED with a 5 to 0 vote.
9.F. AGREEMENTIUNITED STATES TENNIS ASSOCIATION
INC.(UST A)/ FED CUP TIE: Consider approval of a Host Facility Agreement with the
United States Tennis Association, Inc. (USTA) for the Fed Cup Tie to be held at the
Tennis Center on April 23-24, 2005.
Mayor Perlman stated he and Braham Dubin will be attending the Tourist
Development Council (TDC) in a few weeks to obtain a grant from the County to help
offset some of the City's costs. He stated this will be a great economic benefit for the
City and the County.
- 23-
01/18/05
The City Manager stated the City can also sell sponsorships.
Brief discussion between Mr. Dubin and the Commission followed.
Mayor Perlman stated there will be a Press Conference on Thursday
regarding the Fed Cup.
The City Attorney thanked Brian Shutt, Assistant City Attorney for his
work with the agreement.
Mr. Levinson moved to approve the Host Facility Agreement with the
United States Tennis Association, Inc. (USTA) for the Fed Cup to be held at the Delray
Beach Tennis Center on April 23-24, 2005, seconded by Mr. Costin. Upon roll call the
Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin -
Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote.
9.G. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1)
student member to the Education Board for a one (1) year tenn ending July 31, 2005.
Based upon the rotation system, the appointment will be made by Commissioner Costin
(Seat #1).
Mr. Costin moved to appoint Adam Sorrin as a student member to the
Education Board for a one (1) year tenn ending July 31, 2005, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr.
Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said
motion passed with a 5 to 0 vote.
9.H. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY
COUNCIL: Appoint one (1) regular member to the Neighborhood Advisory Council for
an unexpired tenn ending October 31, 2005 for Zone Five. Based upon the rotation
system, the appointment will be made by Commissioner Levinson (Seat #3).
Mr. Levinson thanked Evelyn Dobson for her service.
Mr. Levinson moved to appoint Pamela Williams to the Neighborhood
Advisory Council for an unexpired tenn ending October 31, 2005 for Zone Five,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr.
Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Perlman - Yes. Said motion passed with a 5 to 0 vote.
9.1. APPOINTMENT TO THE PLANNING AND ZONING BOARD:
Appoint one (1) regular member to the Planning and Zoning Board for an unexpired tenn
ending August 31, 2006. Based upon the rotation system, the appointment will be made
by Mayor Perlman (Seat #5).
Mayor Perlman stated he would like to defer his appointment to the
February 1, 2005 City Commission meeting because he would like the opportunity to
- 24-
01/18/05
----
interview a couple of candidates he has not been able to meet with.
9.J. PROPERTY ACQUISITION STATUS REPORT: The City Attorney
will give a report on the status of efforts to acquire various properties to implement the
Parks Bond Issue and to replace our Lake Ida Road storage facilities.
The City Attorney gave a brief report on the status of the efforts to acquire
various properties to implement the Parks Bond Issue and replace the Lake Ida Road
storage facilities. She stated she met with Mr. Bill Plum today and noted that the
Commons Property is not interested in selling because they want to develop the property.
The Alzheimer's site will be presented to their Board on January 24, 2005. The City
Attorney stated the City is in the process of seeking appraisals.
Secondly, with regard to the Bexley Park expansion, the City Attorney
stated the City has until January 20th to proceed or not proceed with that contract. She
stated Mr. Plum has talked to Mr. Malkemes who would be interested in selling the
southern 1.3 acres giving the City a right of first refusal on the remaining balance based
on the square footage price the City would pay to Mrs. Churchill. The City Attorney
asked for direction from the Commission as to whether to proceed or not particularly with
Mrs. Churchill.
With regard to the storage facilities, the City Attorney stated staff expects
the Seaboard Depot to be approximately $1.6 million per Mr. Bill Plum. Staff is also
looking at a site and Mr. Plum spoke with the wife of the owner of King Marble. Also,
staff looked at the N.W. 18th Street sites and there is some indication that the asking price
is $18.00 per square foot. The other option is to expand the current Public Works
complex but that would take additional residential properties nearby. Another option
would be to keep the City storage where it is currently located at 1700 Lake Ida Road.
Brief discussion between the Commissioners followed.
Mr. Levinson stated in his opinion the higher priority is to move forward
on the Senior Center.
The City Manager stated they would like to add some office space and
would prefer it in a separate building. He stated there may be a little less land available
than what is actually being presented. The Alzheimer's site has an agreement with the
County to install a left turn lane in the median of Congress. Mr. Levinson suggested that
staff ask Mrs. Churchill for an extension beyond January 20th until the Alzheimer's Board
meeting on January 24th. The City Attorney stated if a binding extension would be
difficult on the Churchill property.
Mayor Perlman stated he would like to see staff move forward with the
Churchill and Malkemes property. It was the consensus of the Commission to accept the
Churchill and Malkemes offer with regard to the Bexley Park expansion.
The City Manager stated with regard to the storage facility he suggested
that staff should have more discussion about the appraisal given the prices that are being
- 25-
01/18/05
-------
presented. He stated the City could sell that piece and purchase something else at a less
desirable location and have the money left to build the building; however, this is not
working out. The City Manager stated the King Marble location may work. The City
Manager expressed concern over the Seaboard Depot property because it has some office
space on it as well as some storage space.
Mr. Levinson inquired about whether staff has looked into Crossroads.
Mrs. Archer stated when she thinks about owning a historic facility and
perhaps being able to consolidate everything on that one site being sure that the
ownership of the property is maintained.
Mr. Levinson asked if there is a foreseeable future where the City would
need to expand the Water Plant and require them to buy additional land. The City
Manager stated this is why the City purchased the lots on the south side which front on
ih. He stated this space is still there and staff would not propose to use it. He stated the
parking on the site is extremely tight and some expansion of it would be helpful. The
City Manager stated staff asked Mr. Plum to look into a few houses that are potentially
for sale.
After brief discussion, it was the consensus of the Commission to consider
exploring the King Marble site for a storage facility and explore expanding the existing
site.
Mr. Levinson stated he does not see the City purchasing the Seaboard
Depot unless there was a very strong use such as Crossroads that would be interested in
it. He stated he does feel the City should purchase it just to find someone to lease it to
because the City will not get $1.6 million back in a lease rate.
After brief discussion, it was the consensus of the Commission to give
direction to staff to explore the King Marble site for a storage facility and also explore
expanding the existing site.
At this point, the Commission moved to Item 12, First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 77-04: City initiated amendment to Land
Development Regulations enacting Article 8.5, "Public Art", to establish a public art
program. Ifpassed, a public hearing will be scheduled for February 1, 2005.
The caption of Ordinance No. 77-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY
- 26-
01/18/05
ENACTING ARTICLE 8.5, "PUBLIC ART" , BY
ESTABLISHING A PUBLIC ARTS PROGRAM; BY
ESTABLISHING A PUBLIC ART ADVISORY BOARD;
PROVIDING GENERAL PROVISIONS FOR ITS
ORGANIZATION AND OPERATION; BY AMENDING
APPENDIX "A", "DEFINITIONS", PROVIDING FOR
CERTAIN TERMS REGARDING THIS ORDINANCE;
PROVIDING A GENERAL REPEALER CLAUSE, A
SA VING CLAUSE AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 77-04 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance and stated
clarification has been made to the word "infrastructure".
Paul Dorling, Director of Planning and Zoning, stated the proposed
amendment requires the City to appropriate 1.5% of the total eligible construction costs
to be used for artist design services and for the selection, acquisition and display of
artworks, and for the administration of the public arts program. The ordinance would
also establish a Public Arts Advisory Board.
At its meeting of December 20, 2004, the Planning and Zoning
Department considered the request and unanimously recommended approval. At its
meeting of December 9, 2004, the Community Redevelopment Agency (CRA)
recommended approval and at its meeting of December 13, 2004, the Downtown
Development Authority (DDA) reviewed the amendment and recommended approval.
Mr. Costin moved to approve Ordinance No. 77-04 on FIRST Reading,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr.
Costin - Yes. Said motion passed with a 5 to 0 vote.
12.D. ORDINANCE NO. 4-05: An ordinance amending Chapter 135,
"Abatement of Nuisances", Section 135.10, "Definitions", to comply with the updated
Florida Statute 893.138. If passed, a public hearing will be scheduled for February 1,
2005.
The caption of Ordinance No. 4-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 135, "ABATEMENT OF
NUISANCES", SECTION 135.10, "DEFINITIONS",
CLARIFYING CERTAIN DEFINITIONS SO AS TO
CONFORM TO F.S. 893.138; AMENDING SECTION
135.40 "CONDUCT OF HEARINGS", CLARIFYING
- 27-
01/18/05
HOW HEARINGS ARE CONDUCTED; AMENDING
SECTION 135.70 "FINES FOR NONCOMPLIANCE
WITH ORDERS", PROVIDING FOR THE TOTAL
FINES IMPOSED PURSUANT TO THE AUTHORITY
OF THIS ORDINANCE TO BE INCREASED TO
$15,000.00 TO COINCIDE WITH F.S. 893.198; TO
PROVIDE FOR THE REASONABLE PAYMENT OF
ATTORNEY'S FEES TO THE CITY AND ENACTING A
SECTION CONCERNING AN ACTION AGAINST A
PROPERTY OWNER WITH MULTIPLE TENANTS;
PROVIDING A SA VING CLAUSE, A REPEALER
CLAUSE AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 4-05 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance.
Cathy Kozol, Assistant City Attorney/Police Legal Advisor, stated this
nuisance abatement ordinance deals with drugs, prostitution and gangs. The Statute has
been amended to also include dealing with stolen property and the fines imposed will also
be increased from $5,000.00 to $15,000.00 to comply with Florida Statute 893.138.
Furthermore, clarification has been made to the definition of a controlled substance and
deleting the term operator to avoid confusion and to comply with Florida Statute 893.138.
Mrs. Archer moved to approve Ordinance No. 4-05 on FIRST Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs.
Archer - Yes. Said motion passed with a 5 to 0 vote.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manaeer
The City Manager had no comments or inquiries on non-agenda items.
13.B. City Attornev
The City Attorney had no comments or inquiries on non-agenda items.
13.C. City Commission
13.C.1. Mrs. Archer
Mrs. Archer stated she spoke with the Metropolitan Planning Organization
(MPO) Director to follow up to see whether or not the letter had been sent to the Lake
Worth Drainage District (LWDD) regarding the easement for bus stops. The Director
indicated that he would send a letter within the next ten days and will forward a copy to
- 28-
01/18/05
-----
the City. Mrs. Archer indicated to him that if the City could at least get them to talk to
the City about coming to an agreement, perhaps the City could consider the possibility of
covering over a portion of the canal in order to get a central bus stop.
Secondly, Mrs. Archer commented about the outdoor dining in the
downtown area and stated many of the tables are almost out along the parking side next
to the curb. She stated the sidewalks are narrowed considerably because people who are
dining back up their chairs and narrows the ability for pedestrians to walk through. She
stated this is causing a lot of congestion in this area and suggested that something be done
to create more walking space.
The City Manager stated staff is working on a revised ordinance and feels
it will help take care of this problem.
Mrs. Archer commented about the openings and ground breakings going
on this week and stated the Martin Luther King Day Parade was very well done. She
stated it was nice to see many positive things and it makes her happy to be a part of
Delray.
She stated she had conversations with some homeowners recently
regarding in the event of a hurricane if someone does not properly prune their trees is
there anything that can be done.
13.C.2. Mr. Costin
Mr. Costin concurred with comments expressed by Mrs. Archer.
13.C.3. Ms. McCarthv
Ms. McCarthy concurred with comments expressed by Mrs. Archer.
13.C.4. Mr. Levinson
He commented about an article in the Sun-Sentinel News about the "Code
Red System".
He stated he is thrilled that Delray Beach will be hosting the FED Cup.
Mr. Levinson commented about a Directory of Community Organizations
Listing in the Sun-Sentinel News and stated this is being placed on the Sun-Sentinel's
website. He suggested that the City of Delray Beach link its list of social/cultural
services to the Sun-Sentinel website.
He congratulated the Homeland Security for appearing on CNN. He
suggested that Skip Brown and the Police Chief be commended for this idea.
- 29-
01/18/05
13.C.5. Mavor Perlman
Mayor Perlman stated he received a telephone call from the Lake Ida
neighborhood in regards to the status of a tree trimming ordinance.
The City Attorney stated she met with Nancy Davila, City Horticulturist,
to discuss this matter.
He inquired if staff has found out anything through Joe Sanchez regarding
the site plan for the old Atlantic High School site.
Mayor Perlman stated the Carver Square protest was very puzzling and
commented that there appears to be a lot of mis-infonnation. He stated the City has met
with the Department of Environmental Protection Agency (EP A) and they spent the week
meeting with each resident infonning them what is going on. He stated the Community
Redevelopment Agency (CRA) has ordered appraisals and this will be placed on an
Agenda in February. Mayor Perlman stated he has assured them that things are moving
along and commented the City is moving along as quickly as they can to help find some
relief.
The City Manager stated the City is waiting for assurances from DEP that
they will not hold the CRA financially responsible for any pollution there is.
Mayor Perlman stated he spoke to a realtor today who indicated that there
continues to be listings in the MLS for properties to be sold in this particular
neighborhood. He stated now that the City is moving forward we will have to be careful
that there will not be speculators coming in scarfing up property thinking that they are
going to hold the CRA and the City hostage.
Mr. Levinson stated if these particular outside influences continue to do
this the City should expose them for utilizing these people for whatever reason they are
doing it. He stated this is very distressing to him.
There being no further business, Mayor Perlman declared the meeting
adjourned at 9:40 p.m.
City Clerk
ATTEST:
MAYOR
- 30-
01/18/05
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
infonnation provided herein is the Minutes of the Regular City Commission Meeting held
on January 18, 2005, which Minutes were fonnally approved and adopted by the City
Commission on
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
- 31 -
01/18/05
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCA~l ÞU8LIC OFFICERS
lAST NAME-FIRST NAME-MIDDLE NAME NAME Of BOARD, COUNCIL. COMMISSION, AUTHORITY. OR COMMITTEE
Costin. Robert Delrav Beach City Commission
MAIlING ADDRESS JHE BOARD. COUNCIL. COMMISSION. AUTHORITY OR COMMITTEE ON
362 N.E. 5th Avenue ' - WHICH f Sl:RVE IS A l.INÌT OF:
CITY COUNTY ' a.COY a CQUNTY a OTHER lOCAl AGENCY
Delrav Beach, Florida Palm Beach NAME Of POUTICAL. SU8DMS1ON:
'- City of Delrav' Beach
DATE ON WHICH VoTE OCCURRED - .
1} 18/05 NY POSmON IS:
, IX. ElECTIVE a APPOINTIVE
-- . .
- WHO MUS:f}FILE FORM~8B
This fann is for use by any person serving at the county, city, or otherlocallevël of government on an appointed or elected board, council.
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
f "
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this fonn before
completing the reverse side and filing the fonn.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his 01' her special private gain or loss. Each ,e~ed or appointed local 0!!icer also is pr~h~bited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or toss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capaåty.
r
F.or purposes of this law, a -relative"' indudes only the officer's father, mother, son, daughter, husband, wife, brother. sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A -business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
.. . .. . .. .. .. . . . .. .. .. .. . .
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must-disclose the natµre of the conflict before making any attempt to influence the decisipn, whether orally or in writing and whether made.
by you 01', at ,your direction.
IF YOÙ INTENO to MAKE ANY ATTEMPT TO INFLUENCE THE DECISION-PRIOR to THE MEETING AT WHICH TH~ VOTE Wf~ BE'
TAKEN: ,i. A~ <
.. You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording ~
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 88 - EFF. 112000 ITEM 10.B PAGE 1
." -.\
APPOINTED OFFICERS (continued)
· A copy of the fann must be provided immediately to the other members of the agencý.
· The foon must be read publicly at the next meeting after the fonn is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECfS10N EXCEPT BY DISCUSSION AT THE MEETING:
· You must disclose orally the nature of your conflict in the measure before participating.
· You must complete the form and file it within 15 days after the vote occurs with the person responsible for recordi~g the minutes 'o~ the
meeting. who must incorporate the fonn in the minutes. A copy of the fonn must be provided immediately to the other'memberS of the
agency, and the form must be read publicly at the next meeting after the fonn is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, Roþert Costin , hereby disclose that on January 18 .Zo~:
(a) A measure came or will come before my agency which (check one)
~ inured to my special private gain or loss;
. ,
_ ,inuf;ed to the special gain or loss of my business associate. ·
·
_ inured to the special gain or loss of my relative, ·
_ inured to the special gain or loss of . by
whom I am retained; or
_ inured to-tile' special gain or loss of, .- ~ ... - ~ . , which
is the parent organization or subsidiary of a principal which has retained me.
(b) The' measure befåre my agency and the nature of my conflicting interest in the measure is as follows:
Financial Interest in affected properties.
,
1/18/05 ~~ ,n _~. ;?4-. -
Date Filed Si~ture
-. '
NOTICE: 'UNDER PROVISIONS OF FLORIDA STATUTES §112.317, 'A FAILURE TO MAKE'ANY REQUIRED DISCLOSURE,
CONSTITUTES GROUNDS FOR AND MAYBE PUNISHED BY ONE OR MORE OF THE FOLLOWING: íMPEACHMENT,
REM~YAL OR SUSPENSIQN F~O~ OFFICE OR E~PLOYMENT, DEMOT{ON. REDUCTION IN SALARY. REPRIMAND, OR A
CIVIL PENAL TV NOT TO EXCEED $10,000.
CE FORM 88 - EFF. 112000 PAGE 2
"
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
lAST NAME-FIRST NAME-MIDOLE NAME NAME OF BOARD. COUNCIL. COMMISSION, AUTHORITY, OR COMMITTEE
Per1man, Jeffrey L. Delrav Beach~lCitv Commission
MAlUNG ADDRESS THE BOARD, COUNCIL. COMMISSION. AUTHORITY OR COMMITTEE ON
971 Delrav Lakes Drive WHICH I SERVE IS A UNIT OF:
crrv COUNTY 11 CITY a COUNTY a OTHER lOCAL AGENCY
Delray Beach, Florida 33444 Palm Beach NAME OF POlITICAl SUBOMSION:
City of Delray Beach
DATE ON WHICH VOTE OCCURRED MY POSOlON IS:
1/18/05 ~ ElEC11VE a APPOINTIVE
WHO MUST FILE FORM 88
This form is for use by any person serving at the county. city. or other local level of government on an appointed or elected board. council.
commission. authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143. Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective ór appointive position. For this reason. please pay close attention to the instructions on this form before
completing the reverse side and filing the fonn.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local pUblic office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357. F.S.. and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law. a ·relative· includes only the officer's father. mother. son. daughter. husband, wife. brother, sister. father-in-law.
mother-in-law. son-in-law. and daughter-in-law. A "'business associate" means any person or entity engaged in or carrying on a business
enterprise with the offICer as a partner. joint venturer. coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
* * * * * * * * * * * * * * * *
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above. you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this fonn with the person responsible for recording the min-
utes of the meeting, who should incorporate the. form in the minutes.
* * * * * * * * * * * * * * * *
APPOINTED OFFICERS:
Although you must åbstain from voting in the situations described above. you otherwise may participate in these matters. However. you
must disclose the nature of the conflict before making any attempt to influence the decision. whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
· You must complete and file this form (before making any attempt to inftuence the decision) with the person responsible for recording the
minutes of the meeting. who will incorporate the form in the minutes. (Continued on other side)
CE FORM 88 - EFF. 1/2000 ITEM 10.D PAGE 1
,
."
APPOINTED OFFICERS (continued)
· A copy of the form must be provided immediately to the other members of the agency.
· The tonn must be read publicly at the next meeting after the form is filed. .
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You must disclose orally the nature of your conflict in the measure before participating.
· You must complete the fonn and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting. who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency. and the form must be read publicly at the next meeting after the form is filed. -
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, Jeffrey L. Perlman . hereby disclose that on January 18 . 20 -ºL-:
(a) A measure came or will come before my agency which (check one)
_ inured to my special private gain or loss;
_ inured to the special gain or loss of my business associate, .
.
-X Inured to the special gain or loss of my relative, Diane Colonna ,
_ inured to the special gain or loss of , by
whom I am retained; or
_ inured to the special gain or loss of , which
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before'my agency and the nature of my conflicting interest in the measure is as follows:
Düne Colonna, my wife, is Director of the Coummnity Redevelopment Agency (CRA).
I have a conflict voting on items that directly affect the Community
Redevelopment Agency.
1/18/05
Date Aled
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317. A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT.
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION. REDUCTION IN SALARY, REPRIMAND, OR A
CIVil PENALTY NOT TO EXCEED $10,000.
œ FORM 88 - EFF. 1/2000 PAGE 2
MEMORANDUM
TO: MAYOR AND CI1Y COMMISSIONERS
FROM: CI1Y MANAGER Í'~
SUBJECT: AGENDA ITEM # ~ A - REGULAR MEETING OF FEBRUARY 1. 2005
RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTION
DA1E: JANUARY 28, 2005
This is before the Commission to ratify the action taken by the South Central Regional Wastewater
Treatment and Disposal Board at their Quarter Annual Meeting on January 20, 2005. By a vote of 7
to 0, the SCRWTD Board approved the following:
. Authorization to enter into an agreement with the City of Delray Beach to expand their contract
for the reuse line with Chaz Equipment for Area 1 Reclaimed Water System into the South
Central Plant in the amount of $415,240.00. Cost to be split 50/50 from each City's capital
fund.
. Authorization for Chairman to sign agreement with Solid Waste Authority for South Central to
participate in the construction and operation of the Biosolids Pelletization Project. Construction
cost of $5,643,362.00 to be split 50/50 from each City's capital funds.
Recommend ratification of the action approved by the SCRWTD Board on January 20, 2005.
S:\City Clerk\agenda memos\.SCRWID Board Action of 01.20.05
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JANUARY 20, 2005
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on
January 20, 2005 by a vote of 7-0, approve AUTHORIZATION TO ENTER INTO AN
AGREEMENT WITH THE CITY OF DELRAY BEACH TO EXPAND THEIR CONTRACT FOR
THE REUSE LINE WITH CHAZ EQUIPMENT FOR AREA 1 RECLAIMED WATER SYSTEM
INTO THE SOUTH CENTRAL PLANT IN THE AMOUNT OF $415,240.00. COST TO BE
SPLIT 50/50 FROM EACH CITY's CAPITAL FUND. C405.03
WHEREAS, said Board action requires ratification by the City of Boynton Beach and the
City of Delray Beach.
NOW, THEREFORE, the City of Delray Beach hereby ratifies said Board action
independently.
The above action is hereby ratified in open session by the City of Delray
Beach this _ day of , , by a vote.
CITY OF DELRA Y BEACH
By:
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
PREPARED BY & RETIJRH TO:
Susan A. Ruby, City Attorney
200 N.W. 1st Avenue
Delray Beach, Florida 33444
INTERLOCAL AGREEMENT FOR
REIMBURSEMENT OF CONSTRUCTION COSTS
FOR RECLAIMED WATER DISTRIBUTION
PIPING PROJECT DATED DECEMBER, 2004
THIS AGREEMENT entered into this _ day of , 2005, by
and between the CITY OF DELRAY BEACH, (hereinafter referred to as "City"), and the
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL
BOARD (hereinafter referred to as "SCRWTD Board"), and provides as follows:
WHEREAS, the City is in the process of constructing a Reclaimed Water
Distribution System which will connect to the SCRWTD Board's Reclaimed Water
Facility; and
WHEREAS, it is necessary to construct connection piping between the City's
Reclaimed Water Distribution Pipe and the SCRWTD Board's Reclaimed Water Facility
which such connection will be constructed upon the SCRWTD Board's real property;
and
WHEREAS, the City is currently under contract with Chaz Equipment Co., Inc.,
to construct the City's Reclaimed Water Distribution Piping System and· in order to
facilitate the connection of such system to the SCRWTD Board's Reclaimed Water
Facility, the parties believe it to be in their mutual best interest to have the City's
Contractor construct the connection piping and metering upon the SCRWTD Board's
real property; and
1
---~
"
WHEREAS, such connection construction is a capital expenditure for the
SCRWTD Board, which such capital expense is funded by the Cities of Boynton Beach
and Delray Beach respectively; and
WHEREAS, the SCRWTD Board upon collecting such capital contributions from
the Cities of Boynton Beach and Defray Beach will reimburse the City for all costs of the
project.
WHEREAS" the City Commission and the SCRWTD Board have determined it to
be in the best interests of the parties to enter into this Agreement.
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 parties hereby agree as follows:
1. INCORPORATION OF RECIT ALS. The above-stated recitals are
incorporated as if fully set forth herein.
2. BID AWARD AND ACCEPTANCE. The City has received a bid for
Project No. 2004-20 for an Area I Reclaimed Water System as it pertains to the City's
Reclaimed Water Project. The City has awarded the bid to Chaz Equipment Co., Inc.
The City shall add a contract addendum to its contract with Chaz Equipment Co, Inc. to
construct the SCRWTD Board Project.
3. CONSTRUCTION OF PROJECT. The City's addendum will advise Chaz
Equipment Co. Inc that the SCRWTD Board Project shall be constructed in accordance
with the plans to be submitted by the SCRWTD Board.
4. PAYMENT FOR CONSTRUCTION. The SCRWTD Board shall be
responsible for all costs associated with the SCRWTD Board Project for which a
2
- ---
proposal was received by the SCRWTD Board as shown on Exhibit "A" hereto. If the
SCRWTD Board Project cost is increased or decreased, the SCRWTD Board shall be
responsible to pay the City all of the costs of construction and incidental costs
occasioned by the City as a result of the work. The SCRWTD Board shall pay-to the
City the amount in Exhibit "A" ten (10) calendar days prior to the City's contract with
Chaz Equipment Co., Inc., being revised to include the SCRWTD Board Project
referred to above. If the SCRWTD Board fails to make payment to the City within the
required time period, the City shall not be required to amend the Contract to include the
construction of the SCRWTD Board Project. The City shall refund to the SCRWTD
Board any funds provided to the City that were not expended for the construction of the
SCRWTD Board Project at the conclusion of the project and after a full accounting of
the SCRWTD Board Project has been performed by the City. In the event greater
funds are needed than the amount the City has collected from the SCRWTD Board, the
SCRWTD Board shall then remit such funds to the City within ten (10) calendar days of
receiving such written request from the City.
5. COMPLIANCE WITH CONTRACT: INSURANCE. The City shall require
the contractor to comply with all the terms and conditions of the speCifications submitted
by the SCRWTD Board to the City for the Project and the City's contract, including the
one year warranty period as described in the General Conditions of the Contract. In the
event there is a dispute between the parties regarding compliance with the contractual
terms by the contractor, the City, in its sole discretion, shall determine whether or not
the contractor has complied with the contract. The City shall require the City's
Contractor to add an additional named insured for the SCRWTD Board Project.
3
·
6. GOVERNING LAWS: VENUE. Any claims, lawsuits or disputes that may
arise under this Agreement shall be governed by the Laws of Florida, with venue in
Palm Beach County, Florida.
7. INTEGRATION: AMENDMENTS. This Agreement constitutes the entire
\ agreement and understanding of the parties. There are no representations or
understandings of any kind not set forth herein. Any amendments to this Agreement
must be in writing and executed by all parties.
8. NOTICE. Any notice or communication under this agreement shall be in
writing and may be given by registered or certified mail. If given by registered or
certified mail, the notice or communication shall be deemed to have been given and
received when deposited in the United States Mail, properly addressed, with postage
prepaid. If given otherwise, than by registered or certified mail, it should be deemed to
have been given when delivered to and received by the party to whom it is addressed.
I
The notices and communication shall be given to the particular parties at the following
addresses:
City: David Harden, City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
SCRWTD Board: Robert J. Hagel, Executive Director
1801 North Congress Avenue
Delray Beach, FL 33445
Any party may at any time by giving ten (10) calendar days written notice designate any
other person or entity or any other address in substitution of the foregoing to which the
notice or communication shall be given.
4
~
9. SIGNATURE REQUIRED. This Agreement shall not be valid unless and
until signed by the Mayor and attested to by the City Clerk.
10. RECORDING. This Agreement shall be recorded in the Public Records of
Palm Beach County, Florida.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as
of the day and year first above written.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By: By:
City Clerk Jeff Perlman, Mayor
Approved as to Form:
By:
City Attorney
WITNESSES:
~~i~
(Name Printed or Typed)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this 2!L- day of
T::iIn11::i1'-Y , 2005, by Jon R. Levinson , (name
of officer or agent) as r.h::¡;,-m::¡n (title of officer or agent) of
So Cp-ntral Regional Wastewater Board (name of corporation). He/She is
personally known to me oodus~ as identification.
bt G-~ ~ .4~,1k
\\1111'/ Mary An Sh . Signatur of Notary Public - State
~,~-<..t!'.Y.':~~::" . . n umt11a of Florida Mary Ann Shumilla
~:.~..::~ Com.mlsslOn #DD198899
~~.. . .~'O;:::: ExpIres: May 0 I, 2007
,,:f ÓF Fi.O~,,' Bonded Thru
""1\\ A I .
t antIc Bonding Co., IIlc.
S
----
FROM : CHAZ EQUIPl"ENT CO., INC. FAX NO. :5613332180
EXHIBIT 1
3460 FairJane }'arm" Road
Suite 8 =.=t.!
Wellington, FL 33414
Phone: 561·333-2109
Fax: S61·333-2IRO
-
January 7, 2005
Mr. Bob Hagel
South Central Regional Wastewater Treatment and Disposal Board (SCRWTB)
1801 North Congress Ave
Delray Beach, FL 33445
Re: SCRWT'B Reclaimed Water Main
"Piggyback" proposal based on Delray Contract (Project # 2004-020)
Dear Mr. Hager:
Please find attached proposal for the reclaimed water piping at the SCRWTB plant located at
1801 North Congress Ave. Pn'cing;s predicated or commensurate with Pricing of the Contracl
between Chaz Equipment and the City of De/ray Beach for continuation of the reclaimed main
from the tenninBtion point of this proposal to the City of De/ray Beach Municipal Golf Course on
Atlantic Ave.
Total Proposal Amount M15. 240. 00
Should you have any further questions please do not hesitate to call.
H
-
t="ROM : CI-f}Z EQlJ I Pt'ENT CO., I NC. FAX NO. : 5613332180 Jan. 07 2005 01:38PM P3
Schedule A
Area 1 Reclaimed Water System
Delray
Bids 10/281CM; 2:00 PM
8CRWTP Yard Piping ~'Plggyback" Còntract Addition
Dftcription Qty Uolt Price T obll
1 LS 16,000.00 16,000.00
MllnteMnce of Traffic 1 LS 500.00 500.00
~N >.. {~. . Clearing. Grubbing (Includes loddlng restoratton) 1 LS 22,600.00 22,600.00
. A.·Bullt Record Dr.nus 1 LS 750.00 750.00
I~ ...
- 18" CL 310 DIP RWM 80 LF 105.00 8,300.00
S 2-6" CL * DIP RWM 180 Lf 109.00 19,820.00
6 30" CL 350 DIP RWM IÞ LF 166.00 90,520.00
Additional fltttngS (1 r, 14" Md 30" piping) for yérd Þiping ¥s
- tI'IImmIl..ton piping" bid to City; Includl. changing to 2A.x11 t8M to t LS 66,500.00 66,500.00
24x1. ....)
or J.ck .net 8or. Au.nt'ç Avenue o' UJ 135,000.00 0.00
, 30" RWM (HOPE 'DR t1oÐ~P8 Directional Ortll.. COni"'" Awnw 0 LS 105,000.00 O.
I !O" RWM (HOPE aDR 11- DIPS DlNctloMl DrllI- Lake ,da Rd 0 La 106,000.00 0.00
10 ,t. Oata Vakr. 0 EA 700.00 0.00
11 r' 0_ V.f. 0 EA 980.00 0.00
12 10" Ga.. Val" 0 &A 1,626.00 0.00
1$ 18" auu.rfIy V.w. 0 EA 4,000.00 0.00
1.- ~4" Buttertty Valft 0 eA 6,000.00 0.00
18 SO" 8uttetfly V.lve 1 EA 11,000.00 11,000.00
AI, Rei.... Valve & ~ A.rta' 1 EA 2,000.00 2,000.00
17 Connect to Exl.. 24" DIP RWM 2 LS 4,000.00 8,000.00
- Connect to Exlat. 30" DIP RWM a L8 7,100.00 11,000.00
18 ConMd to ExJ8t. 24" DIP RWM (Drwg C~2) 0 LB 4,000.00 0.00
11 Connect to Sid.. 24" DIP RWM (8. 10 + .1 01\ dfWU C-5) 0 La 4,000.00 0.00
20 Box Culvert CKlnfng (DetaU e on drwg C-2) 0 LS 12,360.00 0.00
1 A
---
t="ROM :CHFlZ EQUIPMENT CO., INC. FAX NO. :5613332180 Jan. 07 2005 01:38PM P4
Schedule A
Ar.. 1 Recl81med Water System
Del ray
Bids 10/28/(M; 2:00 PM
SCRWTP '(ant Piping "Piggyback" Contract Addition
I.m' O.scrtption Qty Unit PrIœ Total
21 24" FIg CL 260 RWM COncrM' Headwall Croe81ng ...~Z Canal (Drwg C- O LS 30,000.00 0.00
1)
22 Cut .. Plug Exf.t. F~ .aI" 0 !A 1 ,000.00 0.00
23 Remove ..t. ~ørc. ........ 0 LF .-.SO 0.00
24 R.... exlat. Irrlv Piping (8" 32+ I' on drwg C·I) 0 LS 2,000.00 0.00
.-
2& 0pMt cut Pav."ent Trench ~I' (70' for 30"; 30' for 24" DIP: 20' for 120 u= 30.00 3,600.00
24·CMP)
28 Conc" Drive Apron 0 SF 4.10 0.00
.-
21 Sldentk "',,'r 0 LF 30.00 0.00
28 Resto,. Ptwem.m Mwk1nv and SlgMge 0 LS 2,600.00 0.00
21 Flow ......IIWtIIII.d In ... u.t.r Vault (drwg C.20) 0 LS 9,900.00 0.00
- Plplno I Flow Méter lnatalled wlelectrlcal/control. 1 La 125,000.00 125.000.00
Pipì~ 1 Is ~
FIcJwmetw 1 18
e~ 1 16
Pipe SUpþorb 1 Is
~ PIf*g 1 I.
30 Flow control v_Iv, .,..a.eeI '" E~lat Meter VawI (Drwg C-20) 0 LS 9,600.00 0.00
'1 UN A.C; outt.n (Orwg C-20) 0 La 2,500.00 0.00
- 24" RcP Outfall I RelMtIon Anti Restoration 1 LS 24/600.00 24,600.00
Remove e)Cltting outfaU /Structure 1 lS ~
Tie-in to e)Üting Itruc:ture 1 ea
~' 2<410 CMP Culvert 100 LF
M'.red end ..ction 1 Ea
R8grwJing 1 lS
32 314" Control LIne EnC8Md In ~ PVC Pipe & 3Mtl Drain Line InOHfld fn 0 LS 4,000.00 0.00
2" PYC PI,..
- 3" ChIot'lnt Una a LF 10.00 4,250.00
3" ChlorIM Una 85 LF
Connect to exlattng 3" 2 ea
Remove Exl8tihQ 3" 10 Lf
. Video Allowance 1 LS 200.00 200.00
2 j,
--
FROM : CHAl EQU I PftENT CO., I Ne. F RX f'.(). :5613332100 Jan. 07 2005 01:39PM P5
Sohedule A
Area 1 Reclaimed Water System
Defray
Bidt 10/28104; 2:00 PM
8CRWTP Yard Piping "Piggyback" Contract Addition
Item t Description Qty Unit prø T atat
34 U~d Und«ground AlloWanc. 0 LS 60,000.00 0.00
31 L,lftdacaplng AlloWanCe 0 LS 5,000.00 0.00
H Indemnification 0 LS 10.00 0.00
rOTAL EVALUATED RIO lid Item. t through 38 415,240.00
.-
~~~q
~~:,,"~"'.',',fi · Oontrad ~It prloø changetl due to reduced qty
- =, Bid ltemsldded this propos.1 and not Included In CIty ,cope
, "-
" ,- Project #2004-020 Contr8ct Unit PrOng
.- I
Propeoal Ie predicllted on ptana titled "Reclaimed WarM Dtltrl)ution Site
Plan" by Hazen Ind Sawyer for lhe South Central Regional Wastewater
Treatment and Dllposal 90ard dgd December 2004
All Contrøct provllloM end applicable unit prlclg for the ArIa 1 Reclaimed
W....r Syst8m (City project' 2004-(20) bøtwøen Chez Equipment .net the
City of Delray Beach shill apply to aha work pet this proposal
By H
3
~
RA TIFICA TION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JANUARY 20, 2005
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on
January 20, 2005 by a vote of 7-0, approve AUTHORIZATION FOR CHAIRMAN TO SIGN
AGREEMENT WITH SOLID WASTE AUTHORITY FOR SOUTH CENTRAL TO PARTICIPATE
IN THE CONSTRUCTION AND OPERA TION OF THE BIOSOLlDS PELLETIZA TION
PROJECT. CONSTRUCTION COST OF $5,643,362 TO BE SPLIT 50/50 FROM EACH
CITY'S CAPITAL FUNDS.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and the
City of Delray Beach.
NOW, THEREFORE, the City of Delray Beach hereby ratifies said Board action
independently.
The above action is hereby ratified in open session by the City of Delray
Beach this _ day of , , by a vote.
CITY OF DELRA Y BEACH
By:
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
~~----
. .;, . .
YOUR PARTNER FOR
SOLID WASTE SOUITIONS
January 7, 20.05
Mr. Robert 1. Hagel, P.E.
Executive Director
South Central Regional Wastewater
Treatment and Disposal Board
1801 North Congress Avenue
Delray Beach, FL 33445
Re: Interlocal Government Agreement
Biosolids Processing and Recycling
Dear Mr. Hagel:
Enclosed please find a copy of the proposed Interlocal Agreement (ILA) between the
SCR WWTP and the Solid Waste Authority for biosolids processing and recycling.
We have finalized the agreements with NEFCO for the design, construction and
operation of the biosolids processing facility. The cost for the design and construction of
the facility will be $23,546,622; some $226,378 less than the adjusted bid price. The
operation and maintenance fees remain as proposed by NEFCO and there have been no
substantial changes to the terms and conditions of either the Design & Construction or
Operation & Maintenance Agreements that were included in the proposal documents.
The attached ILA is very similar in content to the draft agreement we previously sent for
your information. The ILA includes a summary of all the capital costs for the facility as
well as an accounting of all developmental costs associated with the project. The capital
cost allocation is consistent with our previous discussions and correspondence. Your
share of the total project cost is 21.75 percent based on your committed capacity
requirements of 87 for the originally planned 400 wet ton per day facility. Please note
that because we will be building a 600 wet ton per day facility, your available capacity
reflected in the ILA is 130.5 wet tons per day. (If at this time you feel you need
additional capacity, please let us Imow immediately.) This percentage is applied to the
total cost of the proj ect including all the developn1ent costs incurred to date, permitting,
design, construction, and commissioning for the processing facility and associated
infrastructure improvements made by the Authority to provide necessary utilities to the
facility site less the currently committed grant funds. The total cost also includes a 5
percent contingency to allow for unforeseen circumstances.
7501 North Jog Road, West Palm Beach, Florida 33412 (561) 640-4000 FAX (561) 640-3400 Recycled paper
I I
Mr. Robert J. Hagel, P.E.
January 7, 2005
Page 2
The ILA also includes a detailed summary of the applicable facility O&M costs. As
currently structured, the ILA establishes a fixed unit rate per acceptable wet ton received
at the facility that includes both the Operator's processing fee and the estimated pass
through costs. With the exception of the gas expenses, the pass through costs were
calculated based on the maximum usage rate, per wet ton processed, that was guaranteed
by NEFCO. The gas cost reflects our estimate of the amount of natural gas that may be
required and also includes our estimated cost to operate and maintain the equipment
required to condition and transmit the landfill gas to the biosolids processing facility.
The O&M costs also include a nominal fee to cover the administrative Authority's
expenses. The ILA provides for an annual reconciliation that insures that your cost
would be limited to the actual expenses incurred.
When reviewing these costs, it is important to keep in mind that significant savings can
be achieved on both the capital and O&M components. The facility" as proposed will
have the capacity to process up to 600 wet tons per day. Based on the most recent data
obtained from the participants, the total processing capacity needed at build out is 400
wet tons per day. The additional 200 wet tons per day can be sold and the capital
component will be rebated to the original participants on a prorated basis. The
opportunity for savings on the O&M component are significant and are also related to the
sale of excess capacity on both a permanent and short term basis. As this capacity is
filled, the participants will benefit from the reduced O&M fees associated with higher
through put levels thereby reducing the overall processing costs.
The contractor is ready to begin work on the proj ect. However, we can not move forward
until all ILA's from participants have been executed. We would like to bring the NEFCO
contract to our Board for approval in February. We are available to meet with you and/or
your legal counsel at your earliest convenience to address any questions or concerns that
you may have regarding the project or the ILA and finalize the document as soon as
possible.
We appreciate you cooperation and assistance and are looking forward to the successful
completion of this vital environmental project. If you have questions or need additional
information, please feel free to contact me or Mr. Patrick Carroll at (561) 640-4000.
S1b !Ý~
Þ ~ymond H. Schauer
Director, Engineering & Public Works
Enc.
}
rnTERLOCALGOVERNMŒNTAGREEMŒNT
FOR
BIOSOLIDS PROCESSING AND RECYCLING
BETWEEN
THE SOLID WASTE AUTHORITY
OF PALM BEACH COUNTY, FLORIDA
-
AND
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
DATED AS OF _,2005
1
1
TABLE OF CONTENTS
Article I Definitions and Entire Agreement Page
1.1 Definitions 5
1.2 Entire Agreement 9
Article II Construction and Payment for Construction
2.1 Commitment to Construct and Operate 9
2.2 Commitment to Pay for Capital Costs 9
2.3 Sale of Excess Capacity 10
Article III Operations and Management
3.1 Commitment to Supply Biosolids 10
3.2 Commitment to Accept and Process Biosolids 10
3.3 Temporary Use of Excess Processing Capacity 11
3.4 Biosolids Processing Facility Operations 11
(a) Receiving Hours 11
(b) 0 & M Plan 11
( c) Laws, Rules, and Regulations 11
(d) Biosolids Quality 11
(e) Rejection of Deliveries of Unacceptable Biosolids 11
(f) Weighing and Record Keeping 12
(g) Obligations Prior to the Operations Date 12
Article IV Payment
4.1 Monthly Payment 12
4.2 0 & M Costs/Ton and Reconciliation 13
(a) 0 & M Costs/Ton ' ..,
LJ
(b) Annual Reconciliation to the Monthly Payment 13
4.3 Uncontrollable Circumstance and Perfonnance 13
4.4 Changes in Laws 13
(a) Changes in General Laws 14
(b) Change in Environmental Law 14
I
Article V Term
5.1 Tenn 14
Article VI Dispute ResolutiOl1,
6.1 Dispute Resolution 14
6.2 Arbitration 14
6.3 Payments Upon Resolution 16
Article VII Indemnification
7.1 Indemnification 16
7.2 Survival 16
2
Article VIII Miscellaneous
8.1 Representations, Warrantees, Approvals 16
8.2 Amendment and Modification 17
8.3 Notices· 17
8.4 Assignment 17
8.5 Severability 17
Exhibit I - Summary of Capital Costs 20
Exhibit IT - Biosolids Quality Specifications 21
Exhibit III-O & M Costs/Ton and Adjustments 22
Exhibit IV - D & C Agreement 23
Exhibit V -0 & M Agreement 24
3
INTERLOCAL GOVERNMENT AGREEMENT
FOR
BIOSOLIDS PROCESSING AND RECYCLING
TIDS AGREE:MENT, hereinafter called the "Agreement", is made and entered into
this _ day of , 2005 by and between SOUTH CENTRAL REGIONAL
W ASTEW ATER TREAT:MENT AND DISPOSAL BOARD, a
of the State of Florida, hereinafter called the "Utility"
or "SCRWWTDB", and the SOLID WASTE AUTHORITY OF PALM BEACH
COUNTY, a special district created pursuant to Chapter 75-473, Laws of Florida, as
amended, hereinafter called the "Authority".
WITNESSETH
WHEREAS, the Utility owns, operates, and manages Wastewater Treatment Facilities
(as defined herein); and
WHEREAS, such Wastewater Treatment Facilities generate domestic wastewater
residuals referred to as Biosolids (as defined herein) as a residual of the treatment
process; and
WHEREAS, the Utility desires to secure an efficient, long-tenn, and environmentally
sound method to recycle and beneficia~ly reuse the Biosolids produced; and
WHEREAS, the Federal Government and the State of Florida encourage the recycling
and beneficial reuse of residuals including Biosolids; and
WHEREAS, the Authority can provide for the beneficial reuse of Biosolids by means of
recycling through the process of drying and pelletization; and
WHEREAS, such processing facility will produce, among other things, Biosolids
Benificial Reuse Products for use in the commercial fertilizer industry; and
WHEREAS, the Utility and the Authority mutually find it in the public interest to
cooperate in the recycling ofBiosolids and production of Beneficial Reuse Products.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the
Utility and the Authority agree as follows:
4
ARTICLE I - DEFINITIONS AND ENTIRE AGREEMENT
1.1 Definitions
For the purposes of this Agreement, the following tenns shall have the meanings set forth
below:
"Acceptable Deliveries" means the delivery by the Utility or its agent of Biosolids that
meet the requirements set out in Exhibit II.
"Accept or Acceptance" means the receipt by the BPF ofBiosolids ITom the Utility.
"Alternate Location" means the Authority Landfill located at 45th Street and North Jog
Road in West Palm Beach, Florida, or other locations as mutually agreed upon.
"As Received Weight or Wet Tons" means the weight of Biosolids as delivered by the
Utility to the BPF or Alternate Location, with no adjustment made for moisture content.
"Base Processing Fee" has the meaning as shown in Exhibit m.
"Beneficial Reuse Products or BRUP" means the end product of the sludge drying
process that meets or exceeds the requ#'ements of Chapter 62-640.850, F.A.C., or it's
successor regulations, for Class AA Residuals that is produced by the BPF from
Biosolids.
"Beneficial Re-Use" means the sale or distribution of BRUP to others to be used for
recycling purposes.
"Billing Period" means each calendar month in each Fiscal Year, except that the initial
Billing Period shall begin on the Operations Commencement Date and end with the last
day of the month in which the Operations Commencement Date occurs.
"Biosolids" means material as specified in Exhibit II.
"Biosolids Processing Facility or BPF" means the regional facility constructed (or to be
constructed) by the Authority, for itself and on behalf of the Utilities, for the purpose of
accepting Biosolids from the Utility and others for processing into BRUP.
"Capital Costs" means the Utility's share of the capital costs of the design,
development, permitting, construction, and acceptance testing of the BPF as provided for
in Exhibit 1.
"Change in General Law" means any change in the Federal, State, or Local laws, rules,
regulations, or requirements after June 15, 2004 which has, or may reasonably be
expected to have, a direct or indirect, material, and adverse effect upon the cost to the
Authority of constructing, operating, maintaining, or modifying the BPF or the
performance of the BPF, excluding a Change in Environmental Law. "Change in
5
General Law" shall also mean any change in the Federal, State, or Local laws, rules,
regulations, or requirements after June 15, 2004 which has, or may reasonably be
expected to have, a direct or indirect, material, and adverse effect upon the cost to the
Utility of producing or delivering to the BPF acceptable Biosolids as refen"ed to and
specified in Exhibit II. General Change in Law shall not include:
a) general economic conditions, interest or inflation rate fluctuations,
commodity prices or changes in prices, or currency or exchange rate
fluctuations;
b) union work rules that increase the operating cost of the BPF;
c) any change in prevailing wage laws that impact the cost of operating and
constructing the BPF;
d) I any change in Federal, State, or local tax laws, or any other tax law.
The parties agree that the costs, if any, associated with the types of changes in law
described in a) through d) above shall be recover~d in the annual adjustment to
the Base Processing Fee described in Exhibit ill to this agreement.
"Change in Environmental Law" shall only mean a change in the Federal, State, or
Local laws, rules, regulations, pemrits, or requirements after June 15,2004 which has, or
may reasonably be expected to have, -a direct, material, and adverse effect upon the cost
to the Authority of constructing, operating, maintaining, or modifying the BPF or the
perfonnance of the BPF related solely to changes in the chemical or physical properties.
of the BRUP produced to allow for Beneficial Re-Use, or changes in the quality of the air
discharged from the BPF, or to changes to the qualÍty of the effluent discharged or
stormwater discharged from the BPF.
"Contractor" means New England Fertilizer Company that will (or has) contract(ed)
,vith the Authority to design, build, acceptaJ1Ce test, operate 3J.ïd nlaintain the BPF and
market the BRUP.
"D & C Agreement" means the Design and Construction Agreement entered into (or to
be entered into) by the Authority with New England Fertilizer Company for the design,
construction, check out, and acceptance testing of the BPF and attached hereto as Exhibit
IV.
"Dry Weight" means the weight measured after oven drying at a temperature of 103CJp to
10SoF for a period of twenty-four (24) consecutive hours.
"Effective Date" means the date of this Agreement first written above.
"Fiscal Year" means the Authority's fiscal year which currently is October 1 through
September 30, or as may be adjusted from time to time.
"Monthly Payment" shall have the meaning as set out in Section 4.1 hereafter.
"0 & M Agreement" means the Operations and Maintenance Agreement entered into
(or to be entered into) by the Authority with New England Fertilizer Company for the
operation and maintenance of the BPF and the marketing ofBRUP and attached hereto as
Exhibit V.
6
r ._'
"0 & M Costs/Ton" means the total of the actual costs of the applicable Base
Processing Fee /Ton, Pass Through Costs/Ton, and Solid Waste Authority (SW A)
Administration Costs/Ton as are shown as estimates in Exhibit m.
"0 & M Plan" means a written description of the operations, hours of operation, hours
during which the BPF shall Accept Biosolids, vehicle procedures at the receiving area at
the BPF and the Alternate Location, handling of unacceptable Biosolids, vehicle
procedures at the delivery area, traffic routing, weighing and billing procedures, backup
plan if the Authority's scale facilities become inoperable, and emergency notification
procedures, which will be, or has been, prepared in accordance with the 0 & M
Agreement.
"Operations Commencement Date" means the date of the written notice trom the
Authority to the Utility stating that the BPF has been placed into commercial operation
and is able to Accept Biosolids.
"Party" means either the Authority or the Utility, or both, as the contèxt of the usage of
such term may require. .
"Participants" means other utilities entering into similar agreements with the Authority
for delivery and processing of Biosolids at the BPF.
"Person" means any legal entity including, but not limited to, any individual,
corporation, partnership, joint venture, association, joint-stock company, trust,
unincorporated organization, or government or any agency or political subdivision
thereof.
"Receiving Hours" means the hours set forth in the 0 & ~Æ Pla..l1 duri...ng which the Utility
may deliver, and the Authority shall Accept, Biosolids.
"State" means the State of Florida.
"Term" shall have the meaning set forth in Section 8.1 herein.
"Ton" shall mean 2,000 pounds avoirdupois.
"Uncontrollable Circumstance" means an act, event, or condition that has a direct,
material, and adverse effect on the rights or obligations of a Party under this Agreement,
if sl.;Lch act, event, or condition could not have been avoided by the exercise or use of
reasonable care or precautions and is beyond the reasonable control of the Party relying
thereon as justification for not performing an obligation or not complying with a
condition required of such Party under this Agreement. Such acts, events, or conditions
shall ilfclude, but shall not necessarily be limited to, the following:
(a) an act of God, hurricanes, tornadoes, epidemic, landslide, lightning,
earthquake, fire or explosion, flood or similar occurrence, an act of public
enemy, war, blockade, insurrection, riot or civil disturbance, sabotage, or
similar occurrence;
(b) the order, or injunction or judgrn.ent of any Federal, State, or local court,
admi.i:ristrative agency or governmental body or officer with jurisdiction in
7
---~----
.
. ,
the Utility, including any exercise of the power of eminent domain, police
power, condemnation, or other taking by or on behalf of any public, quasi-
public, or private entity, provided, however, that such order or judgment
shall not arise in connection with or be related to the negligent or willful
act, error, omission, or inaction of the Party relying thereon and that
neither the contesting in good faith of any such order or judgment nor the
reasonable failure to so contest shall constitute or be construed as a willful
or negligent action or inaction of such Party;
(c) the failure to issue, or the suspension, termination, interruption, denial of
renewal of any permit, license, consent, authorization or approval essential
to a Party to carry out its obligations pursuant to this Agreement, if such
act' or event shall not arise in connection with or be related to the negligent
or willful act, error, omission, or inaction of the Party relying thereon and
that neither the contesting in good faith of any such order or judgment nor
the reasonable failure to so contest shall constitute or be construed as a
willful or negligent action or inaction of such Party;
(d) the failure of any appropriate Federal, State, or local agency or public or
private utility having operation jurisdiction with respect to the BPF to
provide, and maintain and assure the provision of, all utilities necessary
for the operation of the BPF;
(e) any subsurface condition which shall prevent, or require a redesign or
change in the construction, or directly adversely affect the Scheduled
Acceptance Date; provided however, that the condition was unlmown to
the Contractor taking into account the information made available to the
Contractor by the Authority prior to the contract Date and the generally
recognized geology of Florida in which the BPF site is located, provi~ed
however, that groundwater in any quantity, as opposed to quality, shall not
be considered an Uncontrollable Circumstance;
(f) the provisions of this paragraph and, hî particular, of subparagraphs (a)
through (e), above, shall never be interpreted as describing an
Uncontrollable Circumstance if the situation or condition at issue is the
direct or indirect result of a party's violation 0:[, or failure to comply with,
any existing Federal, State, or local statute, law, rule, ordinance,
regulation, or requirement or any Federal, State, or local statute, law, rule,
ordinance, regulation, or requirement enacted after the Effective Date of
this agreement or any change in any existing Federal, State, or local
statute, law, rule, ordinance, regulation, or requirement which change
occurs on or after the Effective Date of this agreement.
"Utility Capacity" means the Utility's share of the BPF total annual throughput capacity
as set out in Section 2.2 hereafter.
"Wastewater Treatment Facilities" means the wastewater treatment plants that the
Utility owns, operates, and manages, or causes to be operated and managed..
8
·
- .
1.2 Entire Agreement
The following Exhibits are attached hereto, are incorporated by reference, and are made
part of this Agreement.
Exhibit I - Summary of Capital Costs
Exhibit II - Biosolids Quality Specification
Exhibit III- 0 & M Costs/Ton and Adjustments
Exhibit N- D & C Agreement
Exhibit V -0 & M Agreement
This Agreement, together with the foregoing Exhibits, constitutes the entire Agreement
between the Authority and the Utility and supercedes all other negotiations,
representations, or agreements, either oral or written, with respect to the matters
contained herein. The Article and Section headings in this Agreement are for
convenience and reference only and shall not be considered in construing this Agreement.
ARTICLE IT - CONSTRUCTION AND PAYMENT FOR CONSTRUCTION
2.1 Commitment to Construct and Operate
The Authority shall cause the BPF to be designed, constructed, permitted, and acceptance
tested on or before the date as determined in accordance with the D & C Agreement, on
lands which it owns at 45th Street and North Jog Road in West Palm Beach, Florida, in
accordance with all applicable local, state, and federal rules and regulations in place at
the time of the Operations Commencement Date. .
2.2 Commitment to Pay for Capital Costs
The Authority shall invoice the Utility for the Utility's Capital Cost of the BPF, as
adjusted, as is determined in accordance with Exhibit I, on a monthly basis starting :fÌom
the commencement of design of the BPF until the final payment is made for all Capital
Costs. These payments shall be pro-rated based upon the work completed at the time of
the billings, and in no case shall the cumulative billings exceed the maximum Capital
Cost detennined in accordance with Exhibit I. The Capital Costs shall include all the
costs to develop, design, construct, permit, and acceptance test the BPF, including
without limitation, all labor, material, supplies, contractors, and subcontractors costs, land
costs, easement costs, costs of providing utilities, taxes, consulting fees, legal fees,
interest charges, insurance premiums, and the like. This payment of the Capital Cost is
the consideration for the Utility's share of the BPF's capacity, which share shall be equal
to 40,716 Wet Tons of Acceptable Deliveries annually (the 'Utility Capacity') with
delivery not to exceed an average of 130.5 Wet Tons of Acceptable Deliveries per day
during any two-week period. Any Biosolids delivered in excess of the above-identified
maximums will not be accepted, or, if capacity in the BPF is available, will be subject to
an additional processing fee equal to the then applicable Base Processing Fee. The Utility
shall own this share of the BPF's capacity in perpetuity for the life of the BPF.
9
,"
2.3 Sale of Excess Capacity
The Parties aclmowledge that the BPF constructed (or to be constructed) is anticipated to
have 200 wet tons per day capacity greater than estimated total capacity required by all
the original Utilities, the County, and the Authority (the Original Participants) over the
tenn of this agreement. The parties agree that the Authority may offer this excess
capacity for sale to interested parties subject to the following conditions:
.1 Sale of excess capacity will be subject to approval by all Original Participants.
.2 Proceeds from sale will be distributed to all Original Participants on a prorata
share basis.
.3 Minimum sale price of the excess capacity shall be $42,515 per wet ton of daily
capacity.
.4 Sale of excess capacity shall not result in an increase of the 0 & M Costs/Ton ,?f
the Original Participants
.5 Sale of the excess capacity shall not reduce the processing capacity available to
the Original Participants below their minimum required capacity.
.6 0 & M Costs/Ton for the use of the excess capacity shall not be less than that of
the Original Participants.
ARTICLE m - OPERATIONS AND MANAGEMENT
3.1 Commitment to Supply BiosoIids
On and after the Operations Commencement Date, the Utility shall deliver all of the
Biosolids generated by the Wastewater Treatment Facilities on a regular basis to the BPF.
The delivery schedule \vill be detennined as part of the development of the 0 /& M Plan
and will be agreed upon by both parties. Beginning with the Operations Commencement
Date, the Utility shall deliver a minimum of 19,847 Wet Tons of Acceptable Deliveries
(the "Minimum Commitment") during each Fiscal Year, except that the Minimum
Commitment shall be prorated for the Fiscal Year during which the Operations
Commencement Date occurs. The delivery of "Biosolids other than to the BPF or the
Alternate Location shall be considered a material breach of this Agreement unless
otherwise agreed upon by both parties. The failure of the Utility to deliver the Minimum
Commitment shall result in a charge to the Utility equal to the product of the difference
between the actual Acceptable Deliveries delivered by the Utility and the Minimum
Commitment, times the first level operations and maintenance fee, as adjusted, set out in
Exhibit III, A, 1, and shall be billed to the Utility as provided in Section 4.2 (b) below.
3.2 Commitment to Accept and Process Biosolids
On and after the Operations Commencement Date, the BPF shall accept and process
Biosolids from the Wastewater Treatment Facilities delivered to the BPF or the Alternate
Location as designated by the Authority. On and after the Operations Commencement
Date, the Authority's obligation to Accept and process Biosolids at the BPF meeting the
specifications contained in Exhibit IT shall only be relieved by, and only to the extent of,
an Uncontrollable Circumstance that prevents or partially prevents such Acceptance and
processing. Should an Uncontrollable Circumstance occur, the Authority shall continue
10
..
to accept Biosolids at the BPF or Alternate Location until such time that the
Uncontrollable Circumstance is corrected or resolved.
3.3 Temporary Use of Excess Processing Capacity
On the Operations Commencement Date, it is anticipated that there will be significant
unused capacity owned by the Utility. To the extent that the Utility does not temporarily
need this capacity, the Authority shall have the right to fill this capacity on a temporary
basis on the open market at the best obtainable price, provided that all net income derived
ITom processing additional Biosolids will be a credit to the Utility in the' year end
reconciliation as provided in Section 4.2 (b) below.. In no event will the temporary use by
others of excess capacity increase the Utility's 0 & M Costs/Ton or Monthly Payment or
reduce the Utility's capacity ownership in the BPF.
3.4 Biosolids Processing Facility Operations
(a) Receiving Hours
The Authority shall cause the BPF to be operated, and shall Accept Biosolids
delivered by or on behalf of the Utility during the Receiving Hours in accordance
with the 0 & M Plan. At a minimum, the BPF shall accept Biosolids six (6) days
per week.
(b) 0 & M Plan
The Authority shall develop, maintain, and update from time to time an 0 & M
Plan as defined above, mutually acceptable to the Authority and the Utility.
(c) Laws, Rules, and Regulations
The Authority shall cause the BPF to be operated in compliance with all
applicable Federal, State, and local laws, roles, regulations, ordinances, and
permits, as amended ITom time to time.
(d) Biosolids Quality
Biosolids to be delivered by the Utility to the Authority for processing shall meet
the Biosolids Quality Specifications as specified in Exhibit II. All utilities that are
producing digested Biosolids at the tinle of signing this Agreement shall deliver
only digested Biosolids to the BPF. Utility agrees to use its best efforts to have all
Biosolids delivered to the BPF in vehicles dedicated for Biosolids transportation
only.
(e) Rejection of Deliveries of Unacceptable Biosolids
The Authority or the Contractor shall have the right to reject the delivery and
prohibit the unloading of Biosolids not meeting the Quality Specifications as
indicated in Exhibit n. The Authority or Contractor shall immediately notify the
Utility of such rejection and the Utility shall either: (i) take possession o:f, and
remove fÌ'om the BPF or the Authority's premises, such unacceptable Biosolids;
or (ii) request that the Authority, or Contractor dispose of such unacceptable
Biosolids. If the Authority or Contractor does not agree to dispose of such
11
unacceptable Biosolids, the Utility shall promptly remove such unacceptable
Biosolids.
If the Utility requests that the Authority or Contractor dispose of such
unacceptable Biosolids and the Authority agrees, the Authority or Contractor will
dispose of said material by alternative methods consistent with current laws and
regulations. The Utility will pay a disposal fee equal to the then applicable Base
Processing Fee in addition to the 0 & M Costs/Ton for all such materials disposed
of by the Authority or Contractor other than at the BPF.
(1) Weighing and Record Keeping
All Biosolids and unacceptable Biosolids delivered by or on behalf of the Utility,
and all unacceptable Biosolids returned by or on behalf of the Utility, shall ·be
weighed on an As Received Weight basis at the Authority's designated scale
facilities which shall be certified at least annually by the State. The Authority
shall maintain all weight records for a period of at least three (3) years and will
make such records available to the Utility at the Utility's request.
(g) Obligations Prior to the Operations Date
It is recògnized by the Parties that although the Authority will not establish the
Operations Commencement Date until the BPF has passed certain performance
tests, the BPF shall require amounts of Biosolids and shall produce BRUP during
start-up, and testing, a~l of which will be prior to the Operations Commencement
Date. In order to accommodate the above, the Authority shall provide reasonable
notice to the Utility of the amounts of Biosolids that the Authority proj ects will be
required to be delivered. The Utility shall use all reasonable efforts to
accoIruuodate the Authority's request. Prior to the Operations Cornmencement
Date, the Utility shall not be charged any fees or costs for the Biosolids it delivers
to the BPF.
ARTICLE IV -PAYMENT
4.1 Monthly Payment
After the Operations Commencement Date, and on or before the fifteenth (15th) day of
each Billing Period thereafter during the tern of this Agreement, the Autpority shall
submit to the Utility an itemized invoice for services rendered to the Utility during the
previous Billing Period which shall include: (a) the daily and total quantities of As
Received Weight of Biosolids delivered to the BPF during the Billing Period by the
Utility and by all users combined; and (b) the MontWy Payment due the Authority by
such Utility calculated as the product of the Total Estimated 0 & M Costs/Ton as set out
in Exhibit ill times the total As Received Weight of Biosolids delivered by the Utility
during the Billing Period, plus any additional charges associated with disposal of such
Utilities unacceptable Biosolids as provided for in section 3 A( e). The Monthly Payment
shall be payable by the Utility to the Authority within thirty (30) days from receipt of the
invoice by the Utility.
12
-
4.2 o & M CostslTon and Reconciliation
(a) 0 & M Costs/Ton. The 0 & M Costs/Ton is designed to cover all costs of the
BPF not included in the Capital Cost, including, but not limited to, the
complete cost of administering, operating and maintaining the BPF. On and
after the Operations Commencement Date, and during the full term of this
Agreement, the Base Processing Fee shall not exceed the per ton fees as set
out in Exhibit ill, except as adjusted in accordance with Exhibit ill 9r other
provisions of this Agreement.
(b) Annual Reconciliation to the Monthly Payment. Within 120 days of the end
of each Fiscal Year, the Authority shall make an annual reconciliation to the
Utility for the prior Fiscal Year which shall account for debits or credits for
the items listed below and shall be reflected in the next Monthly Payment
invoice submitted to the Utility after such reconciliation is issued:
1) Any changes in the actual 0 & M Costs/Ton resulting rrom the
application of the Base Processing Fee due to increased levels of
Acceptable Deliveries delivered to the BPF during _ the past Fiscal
Year;
2) Any deviation in the actual costs of Pass Through Costs per Ton rrom
the Estimated Pass Through Costs per Ton as set out in Exhibit III;
3) Any charges for Utility's failure to meet the Minimum Commitment as
set out in Section 3.1 above; and
4) Any revenues due the Utility associated with the utilization of excess
processing capacity as set out in Section 3.3 above.
4.3 Uncontrollable Circumstance and Performance
(a) If either Party fails to perform any of its obligations pursuant to this
Agreement, and if such failure to perform was caused by an
Uncontrollable Circumstance, then the Parties shall cooperate to remove,
reduce, or eliminate the adverse effect of such Uncontrollable
Circumstance. During the period of time impacted by the Uncontrollable
Circumstance:(i) the Utility shall continue to deliver, or cause to be
delivered, all of the Biosolids rrom its Waste Water Treatment Facilities to
the extent it is able to do so; and (ii) the Authority shall Accept and
process Biosolids and produce BRUP at the BPF to the extent it is able to
do so; and (iii) the Authority shall Accept the Utility's Biosolids at the
Alternate Location to the extent that it is not able to do so at the BPF.
(b) Neither Party shall be responsible for paying any additional costs incurred
by the other, including, but not limited to additional capital, operating,
maintenance, or repair costs, 0 & M Costs/Ton or any other costs or fees
due to, or caused by, an Uncontrollable Circumstance that occurs during
the term of this Agreement. Provided however, in the event of an
Uncontrollable Circumstance that results in damage or a condition of the
BPF that requires repair or modification of the BPF, and there is no
liability or obligation on the part of the Contractor for the cost of such
13
repair or modification, and there are insufficient or no insurance benefits
to cover such costs, then each Utility shall be responsible and liable for its
prorate share of such costs based on each Utility Capacity share. Such
costs shall be billed to each Utility and paid in accordance with the same
procedures set out in Section 2.2 above.
4.4 Changes in Laws
(a) Changes in General Laws. Neither the Authority nor the Utility shall be
responsible for paying any additional costs incurred by the other,
including, but not limited to additional capital, operating, maintenance, or
repair costs, 0 & M Costs/Ton or any other costs' or fees due to or caused
by a Change in General Law, unless otherwise specifically provided in this
Agreement.
(b) Change in Environmental Law. In the event of a Change in
Environmental Law (as defined herein) that has a direct, material, and
adverse effect upon the cost to the Authority of operating, maintaining, or
modifying the BPF, the Authority and Utility shall mutually negotiate any
necessary capital cost contribution or any necessary increase in the 0 & M
Costs/Ton commensurate with the necessary cost. In the event the Parties
are unable to mutually agree, then the increase shall be detennined in
accordance with Article VI herein.
ARTICLE V - TERM
5.1 Term.
The Tenn of this Agreement shall be until the 20th anniversary of the Operations
Commencement Date, unless tenninated sooner in accordance with its terms. Upon the
conclusion of the tenn of this Agreelllent, the BPF shall remain the property of the
Authority. Notwithstanding any other provision of this agreement to the contrary, the
Utility shall own its share of the capacity of the BPF, in perpetuity, for the life of the
plant.
ARTICLE VI - DISPUTE RESOLUTION
6.1 Dispute Resolution.
All disputes between the Utility and the Authority shall be resolved fIrst by resort to
negotiation, then by mediation with a mutually agreed upon mediator with each Party
sharing the costs, and finally, after these options have been exhausted, either Party may
initiate arbitration in accordance with Section 6.2, Arbitration, hereafter.
6.2 Arbitration.
To the extent pennitted by law, unless otherwise specified in this Agreement, any
single controversy arising under this Agreement, which the parties are unable to resolve
by mutual agreement shall be submitted to binding arbitration.
14
-,
Either party may initiate arbitration by giving to the other Written notice of its
desire to have a matter arbitrated which shall precisely designate the specific matter to be
resolved and shall designate the arbitrator selected by such initiating party, in which
event a hearing thereon shall commence within sixty (60) days of the date of the request
for arbitration. The issues shall be submitted to arbitration in accordance with the then
current rules of the American Arbitration Association (AAA) and this Agreement.
Subject to the provisions of tins Section 6.2, any decision of the arbitrators in any such
arbitration shall be conclusive as to the ~atters submitted to them, shall be final and
binding upon the parties hereto and may be enforced in any court of competent
jurisdiction. Any rule of the AAA to the contrary notwithstanding, the issues under
arbitration shall be heard and decided by a panel of three (3) arbitrators, all of whom
shall be: (i) registered professional engineers for disputes involving engineering or
construction issues or (ii) lawyers for disputes not involving engineering and
construction issues; and of whom one (1) arbitrator shall be designated by the Authority,
one (1) arbitrator shall be designated by the Contractor and the third to be mutually
acceptable to the Authority and the Contractor. No individual who is, or has at any
time been, an officer, employee, representative or consultant of either the Authority or
the Contractor or any affiliates thereof, shall be an arbitrator without the express written
consent of the other party. Within ten 10 Business Days of receipt of a request for
arbitration, the non-initiating party shall select an arbitrator and shall notify the
initiating party of the selected arbitrator, and the two designated arbitrators shall select
the third arbitrator within ten (10) Business Days of such notice, and in the event that
they are unable to agree on a tlúrd arbitrator within such time, or if the non-initiating
party fails to name an arbitrator within the time provided, then either of the parties may
request the AAA select the second and/ or third arbitrator. Any decision on the issue
or issues properly before the panel, including the sharing of the cost of arbitration, must
be joined in by at least two (2) of the members of such panel Any such decision shall be
final and binding upon the parties, subject to review as provided by Florida law and the
provisions of this Section. In the case of any conh'oversy not subject to arbitration or
resulting in a non-binding decision, the parties shall have all of their rights and remedies
otherwise available to them in law or in equity. In the event of a binding arbitration
decision, such review shall be based upon the record of the arbitration hearing and
neither party shall be entitled to a trial de novo of such issues.
The arbitrators shall conduct the proceedings in the manner the arbitrators deem
appropriate, consistent with basic standards of fairness and due process. All arbitration
proceedings shall be held in Palm Beach County, Florida or such other location as is
mutually agreeable to the Authority- and the Utility. The arbitrators shall decide the
matters submitted based upon the evidence presented, the terms of this Agreement and
the governing law. The Florida Rules of Civil Procedures and the Florida Evidence Code
shall be followed. The arbitrators shall issue a written award which shall state the basis
of the award and include detailed findings of fact and conclusions of law. An
appropriate court of competent jurisdiction may enter judgment upon any award, either
by confirming the award or by vacating, modifying or correcting the award. The court
shall vacate, modify or correct any award (1) where the arbitrators' findings of fact are
not supported by competent substantial evidence; or (2) where the arbitrators'
conclusions of law are erroneous. For purposes of this Section 6.2, all determinations by
tlìe arbitrators as to the existence, validity, enforceability, interpretation, application or
breach of this Agreement shall be deemed to be conclusions of law. It is the parties'
intent that the reviewing court shall independently review all conclusions of law made
15
~
by the arbiuators, without being bound in any way by the arbiuators' determinations of
law.
6.3 Payments Upon Resolution.
If either the Authority or the Utility has withheld payment of any amount in dispute, upon
resolution of such dispute, the non-prevailing Party shall pay to the prevailing Party the
disputed amount (or as much thereof as shall be determined to be due) plus interest at the
legal prejudgment rate from the date on which such amount was due to the date of
payment.
ARTICLE VlI- INDEMNIFICATION
7.1 Indemnification.
Each Party shall be liable for its own actions and negligence or wrongful acts and, to the
extent pennitted by law, the Utility shall indemnify, defend, and hold harmless the
Authority against any actions, claims, or damages arising out of the Utility's negligence
or wrongful acts in connection with this Agreement, and the Authority shall indemnify,
defend, and hold harmless the Utility against any actions, claims, or damages arising out
of the Authority's negligence in connection with this Agreement. The foregoing
indemnification shall not constitute a waiver of sovereign immunity beyond the limits set
forth in Florida Statutes, Section 768.28, nor shall same be construed to constitute
agreement by either Pårty to indemnify the other Party for such other Party's negligent,
willful, or intentional acts or omissions.
7.2 Survival.
This Article vn shall survive the termination of this Agreement.
ARTICLE vm - MISCELLANEOUS
8.1 Representation, Warrantees, Approvals.
The Parties represent and warrant to each other that upon execution of this Agreement:
(a) the Parties have the power and authority to enter into this Agreement and to carry out
their respective obligations hereunder; (b) the Parties have taken all legal actions
necessary to authorize them to enter into and perform their respective obligations
hereunder; (c) entering into and performing this Agreement does not violate any statute,
rule, regulation, order, writ, injunction, or decree of any court, administrative agency, or
governmental body or violate any agreement by which a Party is bound; (d) this
Agreement has been duly entered into by the Party and constitutes a legal, valid, and
binding obligation of the Party; (e) there is no litigation or proceeding pending or
16
-
threatened against a Party which could materially or adversely affect the perfonnance of
this Agreement; and (f) the Parties have obtained all approvals as may be required to
pennit their respective perfonnance of the obligations of this Agreement. Except as
expressly provided herein, the Parties make no representations or warranties and waive
no rights or remedies.
8.2 Amendment and Modification.
This Agreement shall only be modified or amended by a written agreement duly signed
by the persons authorized to sign agreements on behalf of the Authority and the Utility.
Any such amendments or modifications shall be numbered in ordinal sequence and titled
accordingly.
8.3 Notices.
Any notices required in this Agreement shall be sent in writing, certified mail return
receipt requested, to the Parties at the addresses listed below, unless either Party shall
infonn the other Party in writing of any change in that address.
If to the Authority:
Solid Waste Authority of Palm Beach County
7501 North Jog Road
West Palm Beach, Florida 33412
Attention: Director of Engineering
If to the Utility:
South Central Regional Wastewater Treatment and Disposal Board
1801 North Congress Ave.
Delray Beach, FL 33445
Attention: Wastewater Utilities Department Director
8.4 Assignment.
It is expressly understood and agreed that this Agreement is between the Authority and
the Utility and that the Authority and the Utility shall have no right to assign this
Agreement or any portion thereof without the prior approval of the other party.
8.5 Severability.
In the event that any provision of this Agreement shall, for any reason, be detennined to
be invalid, illegal, or unenforceable in any respect, the Parties hereto shall negotiate in
good faith and agree to such amendments, modifications, or supplements of, or to, this
Agreement or such other appropriate changes as shall, to the maximum extent practicable
in light of such detennination, implement and give effect to the intentions of the Parties
as reflected herein and the other provisions of this Agreement shall, as so amended,
17
modified, supplemented, or otherwise effected by such action, remain in full force and
effect.
THE REMAINDER OF THIS PAGE IS BLANK
18
,
IN WITNESS WHEREOF, the SOLID WASTE AUTHORITY OF PALM BEACH
COUNTY, at a regular meeting thereof, by action of the Authority Board authorizing and
directing the foregoing to be adopted, has caused these presents to be signed by its
Executive Director, and its seal to be hereto affixed, and the SOUTH CENTRAL
REGIONAL W ASTEW ATER TREATMENT AND DISPOSAL BOARD has authorized
and caused the_execution of this Agreement, all as of the day, month, and year first above
written.
SOLID WASTE AUTHORITY OF PALM BEACH COUNTY:
By: Attest:
Executive Director Clerk of the Board
Approved as to Form and Legal Sufficiency:
By:
Counsel to the Authority
SOUTH CENTRAL REGIONAL WASTEWATER
TRE TMENT AND DISPOSAL BOARD:
; {(/MNI _,4k/Wdlt¡
By: Attest: ftJ.lÍÎ
Chair Clerk
Approved as to Form and Approved as to Terms and Conditions:
Legal Sufficiency:
By: ~~AttomeY By:
Approved by Authority Board on ,2005, Item_
Approved by the Utility on , 2005, Item
19
EXHIBIT I
SUMARY OF CAPITAL COSTS
Capital Costs
Project Development
Right-of-Way Abandonment 25,305
Preliminary Design & Permitting 872,586
RFQ/RFP 521,519
Grant Funding 275,000
Infrastructure Design & Construction 778,000
Sub Total 3,472,411
Project Capital Cost
Facility Construction 23,546,622
Technical Services During Construction 1,600,000
Sub Total 25,146,622
Total Development & Capital 28,619,033
Total Grant Funding (3,225,000)
SubTotal 25,394,033
Contingency @ 5% * 1,219,702
Total Net Capital Cost 26,663,734
SCRWWTP share @ 130.5 WTD = 21.75°~ 5,799,362
Less Prepaid (156,000)
Net Total Due for SCRWWTP 5,643,362
* Estimated to cover unexpected conditions or change orders; any excess to be returned
to, or shortfall billed to, Utility.
20
EXHIBIT IT
BIOSOLIDS QUALITY SPECIFICATIONS
The successful operation of the Biosolids Processing Facility (BPF) requires that the
Biosolids to be received meet the minimum requirements outlined below.
Biosolids shall have minimum solids content of 13 percent solids by weight, with
a weekly average of not less than 15 percent solids. The facility shall have the
right to reject any shipment that is below the 13 percent solids or that fails to meet
the 15 percent average. No add mixtures or foreign material (i.e. Sawdust, etc.)
will be accepted as a means to increase solids content.
No lime-stabilized Biosolids shall be accepted by the BPF.
Digested sludge must meet class B standards for vector attraction and pathogen
reduction as provided for in Chapter 62-400 F .A. C.
All Sludge shall be delivered to the BPF in covered water tight Semi-truck
dumping trailers or dump trucks capable of dumping into a hopper from the rear
of the truck.
Contributors to the BPF shall provide copies of their Biosolids monitoring and
testing data that is required by their FDEP wastewater permit within 30 days of
the date due to the FDEP.
Any facility may be restricted rrom the BPF if their sludge exceeds the ceiling
that FL Chapter 62-640 defines as the Class AA biosolids metal limits (which
match 40 CPR Part 503, Table 3) as listed below:
a. Arsenic 41 mg/kg dry weight basis
b. Cadmium 39 mg/kg dry weight basis
c. Copper 1500 mg/kg dry weight basis
d. Lead 300 mg/kg dry weight basis
e. Mercury 17 mg/kg dry weight basis
f. Molybdenum 75 mg/kg dry weight basis
g. Nickel 420 mg/kg dry weight basis
h. Selenium 100 mg/kg dry weight basis
1. Zinc 2800 mg/kg dry weight basis
The BPF shall only accept Biosolids as defined as ''Residuals'' or ''Domestic
Wastewater Residuals" in Chapter 62-640.200 (31) F.A.C., or as amended rrom
time to time.
The BPF shall not accept any materials that are hazardous waste under Chapter
62-730, F.A.C., or as amended rrom time to time.
21
-
EXHIBIT ill
o & M COSTS PER TON AND ADJUSTMENTS
(Estimated)
Total Operations & Maintenance Costs
Base Processing Fee
Operator Contract Fee $24.25
Pass through Costs Per Ton (estimated)
Electric 3.69
Potable 0.47
ISW 0.42
WW 0.72
Na Hypochlorite 0.45
Caustic 0.09
Gas 2.00 *.
Sub Total 7.84
SWAAdmin CostslTon (based on minimum tons) .25
Total Estimated O&M Cost/Ton 32.34
* Includes estimated costs for natural gas which may be needed and SW A costs for O&M
of landfill gas delivery systems.
ADJUSTMENTS
The Base Processing Fee schedule, as set out above, shall be adjusted annually as set out
in Section 3.01 of the 0 & M Agreement. The Authority shall submit a notice of the
adjustment not later than September 1st of each year by letter to the Utility at the address
set forth in Section 8.4 of this Agreement.
/
22
EXHIBIT IV
DESIGN AND CONSTRUCTION AGREEMENT FOR BIOSOLIDS
PROCESSING FACILITY
EXHIBIT V
23
OPERATIONS AND MAINTENANCE AGREEMENT FOR BIOSOLIDS
PROCESSING FACILITY
24
t oA'zrI)
CITY COMMISSION DOCUMENTATION I '
TO: DAVID*!!ANAGER
THRU: PAUL DORLlN ,IR OR OF PLANN,ING & Z0ItNG
FROM: NGUYEN TRAN, SEN PLANNER ~v· h/--
SUBJECT: MEETING OF FEBRUARY 1,2005 *CONSENT AGENDA*
ABANDONMENT OF AN EXCLUSIVE 12-FOOT WIDE WATER AND SEWER
EASEMENT LYING WITHIN A PORTION OF TRACT "A", LOT 1, LOT 2, LOT 3
AND LOT 4, HARBOUR HOUSE PLAT, AS DEDICATED IN PLAT BOOK 102,
PAGES 101 & 102 AND ACCEPTANCE OF A NEW REPLACEMENT EASEMENT
DEED.
I BACKGROUND I
The request involves abandoning a north-south, 12-foot wide water and sewer easement dedicated
exclusively to the City of Delray Beach on the Harbour House Plat as recorded in Plat Book 102, Pages
101 & 102. The Harbour House Plat is for property located at the northwest corner of NE 1st Street and
the Intracoastal Waterway.
The site previously contained a two single family structures with two accessory buildings which have
been demolished to accommodate a 4-lot townhouse development. The 12-foot wide water and sewer
easement was dedicated exclusively to the City of Delray Beach on the Harbour House Plat to
accommodate the installation of an 8" water main. Since the easement was dedicated exclusively to the
City of Delray Beach, other public utility providers such as Florida Power and Light (FP&L), BellSouth, or
Adelphia Cable are unable to use this easement area to provide utility services to the new development.
The abandonment request was submitted by Porten Custom Homes, L.C., the property owner and
developer for the project. The request before the City Commission is to abandon the exclusive Water
and Sewer Easement and to rededicate a general utility easement in the same location and include a 21
foot east, west extension.
Pursuant to LDR Section 2.4.6 (P) (5) the following finding must be made prior the City Commission
granting an abandonment of a public easement: The abandonment will not result in the detriment for the
provision of utility services to the adjacent properties or the general area as a replacement easement is
provided.
The City's Environmental Services Department has reviewed the request and has no comment. Since
the request is for an abandonment of an exclusive easement to the City of Delray Beach and not a
general easement, Florida Power & Light, Adelphia Cable, Florida Public Utilities Co. (gas) and BellSouth
have not been asked to comment.
~ RECOMMENDED ACTION I
By motion, approve the abandonment of an exclusive 12-foot wide water and sewer easement lying
within a portion of Tract "A", Lot 1, Lot 2, Lot 3 and Lot 4, Harbour House Plat, as recorded in Plat Book
102, Pages 101 & 102 and accept a new easement deed, by adopting the findings of fact and law
contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and
meets criteria set forth in Section 2.4.6(P)(5) (Required Findings for the Abandonment of Public
Easements) of the Land Development Regulations.
Attachments:
· Location Map
· Abandonment Resolution
· Easement Deed
S \Plannlng & Zonlng\BOARDS\CITY COMMISSION\Harbour House-Easement Aband doc
8ß
----
- - I- - I ,LH
~ ~ w
- - - - - >- -- LECEND --
<I: - I
- c( c(
- - -
- ¡.--- HARBOUR
- -
- I---- - I
- -
- - -<I:
- -
- J: J: - - I ~ HOUSE
- l- I- -
It) to - ,..---
- - r----- I PLAT
- - f----
- - f---- - - ! ...J I
- &.J &.J - r----- - -J: <{
I- 0:
- Z Z - f---- - -IX> I----f 825 NoE. 1 ST STREET
------J - ----sr ~II
N.E. .3RD
IIIT :rrrn --... I I I'
[§ IDB= = - >- PLATTED AREA
- 7 ,.-----.,
. 0 f---- - « L_____.J
:= ~ - ¡.--- ~ f---- - I .3:
_ :I: _ I---- :I: _ - "- - AREA TO BE ABANDONED
- - f--- - - I I Q::' IT I
...J ...J
- < - f--- < Ii 4.J
a:: a:: - - La.Í 'dL
-
L&J \.oJ - - z
- 0 0 I-
\.oJ \.oJ II
~ ~ - -
-"" ---- - 2ND « - -
- N.E. ST f SUPPLEMENTAL INFORMA TION
([]ID - ~ 1¡ .3: ~ -
~ == =:=I PCN#: 12-43-46-16-10-000-0080
- -
- - I- APPROXIMA TE ACREAGE: 0.58
-
- oTITIJ ..I
- f---- ï w ABRIDGED LEGAL DESCRIPTION:
0 D R v ::::>-
Z Z - N.E 151 C r I z PARK COURT SUB. LOTS 8 & 9/
- - ~-
:> :> H LESS CANAL RlW
0 0 ,..--- - I f----- <I:
m m ---j
- :c :c f----- ZONING: RM (MULTIPLE FAMILY
-
- .... I-- - .... 1 J L I f----- RESIDENTIAL - MEDIUM DENSITY)
:> a:: f----- =r=
- 0 r----- - 0 f---- F-i
(/) z - FLUM: MD (MEDIUM DENSITY
~ NT ----' "--- - 1ST f I LOWRY STREET - RESIDENTIAL. 5-12 UNITS / ACRE)
-- ~- ST c:i ~f--
- f---- EXISTING LAND USAGE:
- - -i DELRA y 0: ~f-- -
- - - RESIDENTIAL
- 1-::- - - VETERANS SUMMI T tñ =
ó - - ó - - PARK WITHIN TRAFFIC ANAL YSIS
-
Z >--- Z - A TLAN TIC ZONE: #624
-. ~-- PLAZA ~ ~-
_~_f---:c-- ~f-- ~- WITHIN CENSUS
-- TRACT: #64.01
Fin TI~[D [[ BARR f-- ~ _
TERRACE f--
CONDO rrrr
I PLANNING
-
A T LAN TIC AVEN U E .t ZONINC DEPARTMENT
- I-- f---- - _ <I: _ « CONDO +
- -== == E J I-- / -
- - - I---- f---- f--- I
- f--- C/) ëi l- S
- 0- _ of--- f---- ~ I BAR 0 ~
- ~ ~ >-- >-- ;{ I « HARBOUR "it ¡e- LONG-RANCE DIYISION
- f--- - CONDO 10 DIGITAL BASE-MAPPING .t
- _ t--- f-- GEOGRAPHIC INFORMATION
__ ~ ----' '--- '--- 0 SYSTEM
--... S.E. ,...---2.S,!- ~ . U MIRAMAR S~E.L MAP REFERENCE,: LM735
-- OCTOBER 2003 --
FEDERAL ~ « 2: ~
¡'---::I: BANK - ::I: .5-
-~ ~_ _ Q::' ~ ~ T 1
- I-- - c-- - I-- ;¡ e¡
- - - f--- f---- ~ ::E §
_ _ - I---- f---- ,<:2
-- ~
-w- w-- 11-
-vi- vi_ :ti f---- -
-- --
~ ---- ---...J --- - INGRAHAM AVEN
ST '\ I
RESOLUTION NO. 5-05
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
12-FOOT WIDE WATER AND SEWER EASEMENT LYING
WITHIN A PORTION OF TRACT "A", LOT 1, LOT 2, LOT 3 AND
LOT 4, HARBOUR HOUSE PLAT, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 102, PAGES 101
AND 102 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA AS MORE PARTICULARLY DESCRIBED BY
EXHIBIT "A".
WHEREAS, the City of Delray Beach, Florida, received an application for abandonment
of a 12-foot wide water and sewer easement as shown on the Harbour House Plat, as more
particularly described in Exhibit "A" said property being located at the northwest corner of NE 1 st
Street and the Intracoastal Waterway; and
WHEREAS, the application for abandonment of said easement was processed
pursuant to Section 2.4.6(P), "Abandonment of Public Easements", of the Land Development
Regulations of the City of Delray Beach, Florida; and
WHEREAS, pursuant to LDR Section 2.4.6(P)(3)(c), the application was forwarded to
the City Commission with the recommendation that the abandonment be approved, based upon
positive findings; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, pursuant to LDR
Section 2.4.6(P)(5), finds that the abandonment will not result in detriment for the provision of utility
services to adjacent properties or the general area, that its interest in the described property is no
longer needed for the public good and deems it to be in the best interest of the City of Delray Beach
to vacate and abandon said easement, as more particularly described in Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DElRAY BEACH, FLORIDA, AS FOllOWS:
Section 1. That the foregoing recitals are hereby incorporated herein by this
reference.
Section 2. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida
Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following
real property, more particularly described in Exhibit "A".
PASSED AND ADOPTED in regular session on this the _ day of
, 2005.
MAYOR
ATTEST:
City Clerk
---
EXHIBIT "A"
LAND DESCRIPTION
12' WATER AND SEWER EASEMENT
(TO BE ABANDONED)
HARBOUR HOUSE PLAT
A PORTION OF TRACT "A", LOT 1, LOT 2, LOT 3 AND LOT 4, HARBOUR HOUSE PLAT,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 102, PAGES 101 AND
102 OFTHE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID PLAT;
THENCE NORTH 89°41'41" EAST, ALONG THE SOUTH LINE OF SAID PLAT, 21.57 FEET TO
THE POINT OF BEGINNING;
THENCE NORTH 01 °06'19" WEST, 156.68 FEET TO THE NORTH LINE OF SAID PLAT;
THENCE NORTH 89°41 '41" EAST, ALONG SAID NORTH LINE, 12.00 FEET;
THENCE SOUTH 01 °06'19" EAST, 156.68 FEET TO THE SOUTH LINE OF SAID PLAT;
THENCE SOUTH 89°41 '41" WEST, ALONG SAID SOUTH LINE, 12.00 FEET TO THE POINT OF
BEGINNING.
SAID LANDS LYING IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA,
CONTAINING 1880 SQUARE FEET (0.043 ACRE), MORE OR LESS.
LAND DESCRIPTION PREPARED BY:
SHAH, DROTOS & ASSOCIATES
3410 N. ANDREWS AVENUE EXT.
POMPANO BEACH, FLORIDA 33064
PREPARED BY: MDR
CHECKED BY: MDR
PROJECT NO.: 03-0635
FILE NAME: X:CAD\SU RVEY\0635AOO\LEGALS\0635V ACA TE. WPD
January 6, 2005
SHEET 1 OF 2 SHEETS
SKETCH OF DESCRIPTION NORTH
121 WATER AND SEWER EASEMENT
(TO BE ABANDONED)
HARBOUR HOUSE PLAT
(PB102, PGS 101-102, PBCR)
SCALE: 1 u =30'
LOT 26 LOT 27 SEESTEDT -STE\.
(PB 18, PC
Nt
~
~ LOT 1
7905 S.F.
::iE" Z ~
s:L 0
Q ..... <:( V"' ~
Ó
i\ ~ s<V ~<QG
\S\ -"
8 t.O 0-0 0'1-'
"" -:i '-0 '\,/' /1189"
'-... o~ ~C?
\S\
"" ~
::::::: «) ~
~::o (J) '-0~<¿':' ,\0 '},. LOT 2
~" ttI~
...(') 4952 S.F.
~ .9g ~ ~<Q
~ "t)~ 0
~.... ~
<S If) /1189' 4 1
~ ~~
I
~ ~S2 LOT 3
C):$
~ ~~ 4810 S.F. SURVEY NOTES:
> ~
\S\
"'-
~ 1. THIS IS NOT A BOUNDARY SURVEY
0
./" ~ 2. lAND SHOWN HEREON WERE NOT
:z N89'41" ABSTRACTED FOR EASEMENTS,
CJ
~ ï RIGHTS-OF-WAY, OWNERSHIP OR OTHER
~ INSTRUMENTS OF RECORD.
~ :::¡
> ..... 3. BEARINGS SHOWN HEREON ARE BASED ON
'\- (J1 THE CENTERUNE OF NE 1ST STREET. SAID
:z ~ LOT 4
~ (J) UNE BEARS SOUTH 89·41'41- WEST
~ ~ 7343 SF. (ASSUMED).
~
./"
0
~
\S\ SOUTH LINE
"'- FOR THE FIRM, BY:
~ OF PLAT
0 589'4"41
./" 21.~7 . 12 09'
~ N89'41 41 E 589'41 41"W lAT LIMIT
~ POINT OF N£ t., S T R £ £ T
./" COMMENCEMENT (PIATLOWlty STIt££'" MICHAEL D. ROSE
\:\ SW CORNER (PB 1. PG 3. PBCR) PROFESSIONAl SURVEYOR AND MAPPER
(I:j (50' RIGHT-Of-WAy)
\....) FlORIDA REGISTRATION NO. 3998
./" HARBOR HOUSE PLAT
x. -- "'-CENTERLINE S89'41'41"L(BEARING BASIS)
SHEET 2 OF 2 SHEETS
UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED
PROJECT NO: 03-0635 SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER THIS
MAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT
VALID
C I "' A SHAH I.......·'..
~. ~DROTOS SURVEYING
&. Ass 0 C I ATE S PLANNING
CERTIF1CATE OF AUTHORIZATION NO. LB 6456
SKETCH OF DESCRIPTION MDR 01/8/015 MDR 3410 N. Andrews Avenue Ext . Pompano Beach. Fl. 3306.
REVISIONS DWN DATE FB/PG CHKD PH: 954-9.3-9.33 . FAX: 95.-783-.75.
-- --~-------------- ---
Prepared by: 1lli ! URN:
R. Briun Shun. Esq.
City Attornl:Y's Ot1Ïce
200N.W. 1st Avenue
Delray Beach. Florida 33444
EASEMENT DEED
Ì), TIllS INDEN'!'1JRE,. made ~iS & day ot Jí n u t/.~ 'I ,2005; by ~ 'If;y-'~{ I=£. 33 W
i U{-rn CuÇ.-h;fY) l-hr~~) I {, (. , WJth a madmg address oflll/t S, rn ¡dV;'1/ v/Ã ( I Ùrrrf7t /t~ partY 0 I ::L
, ,
the fU'St ~ and the CITY OF DELRAY BEAC~ wiÙl21 mwling ~ddress of 100 :N,W. 1st Avenue,
Delray Bea~ Florida 33444, a municípalcorpor'dtion in Palm Beach County, State of Florida, party of
the second part:
WITNESSETII: That the party of the first ~ for and in consideration of the mutual
promises herein contained and other good and valuable considerations, does hereby grant, bargain, sell
and release unto dIe party of the second part., its successors and assigns, a right of way and perpetual
easement for the purpose of the construction and maintenance of public utilities with tlIll and ~ righl,
liberty, and authority to enter upon and to install, operate, and maintain such utilities well under, across,
through and upon~ over, under or wil.hÌJJ the following described property located in Palm Beach
County! Florida, to- wit:
DESCRIPTION
See E.xhibit ~'A)'
Concomitant and coextensive with this right is the further right in the party ot"the second party,
its successors and assigns, of ingress and egress over and On that portjon of land described above, to
ettect the purposes of the easement, as expressed hereinafter.
That dl¡S casCIUCilTt shall be subject on ty to thoSe casements, restrictions, and reservations of
:record. That the party of the first part agrees to provide for rhe release Of subordination of any and all
mortgages or liens encwnbering this easement Th~~ rsrty of the -first part also agrees to erect no
building or effect any other kind of construction or improvements upon the above-described property.
It is understood that upon completion of such construction, all lands disturbed thereby as a
result of such construction pertòrmed thereon, will be restored to its original or like condition without
expense to the property owner.
I
party 01" the first part does hereby fully warrant me tiUl; lu ~id land and will defend 1he same
agdinst the lawful claims of all persons whomsoever claimed by, through or under it, that it has good
righl WJJ lawful authority to grant the above-described easement and that the same is wJenCl1mbererl
except as provided above. Where the context of this Easement Deed allows or penn its, the same shall
include the successors or assigns of the- p;Jr~'ie~L
. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day
and year first above written.
WITNESS #1: ~ PARTY UF THh FIRST PAR1"
By: /Ør Ir /7 (Í1J!ö/YJ ~rJ1L'S/ L. é .
~ ~Ù-
~Ck' jß . ¡;{~ --1 ~7~~bÆ- I 1/ r
(name printed or typed)
STATE OF PI ()Y ~ cJ (Ä...;
COUNTY OF t2:, r() IÁ YÃ V c~
The foregoing instrwnent was acknowledged before me this / ;;;L day of, J an L-~Q v'-j ,
200.5" by L_L n (ì J't' F. :5 (f) i \n (name of 0 ICer or agent), of
?óY -J.r (ì C { r '} -h...."" f-I-ñ,'N j I L C (nanle of corporation), a P 'Y or placv uf
incorporation) corporation, on behalf of the corporation. HeR he is personally known to me has
produced (type of identificatiun) U~ idellti ¡catton an 1 no earl
oath.
rr&-
,,\þÞ:~~¿111 Jennifer R. Cappola
(SEAL) t~~<f:~ Com.mis~ion #DD 198730
-:.~. .~:: ExpIres. May 10,2007
"/;~ OF f\.Ó~~ ,,' Bonded Thru
"111' \ \ Atlantic Bonding Co., Inc.
2
EXHIBIT "A"
LAND DESCRIPTION
UTILITY EASEMENT
(TO BE DEDICATED)
HARBOUR HOUSE PLAT
A PORTION OF TRACT "A", LOT 1, LOT 2, LOT 3 AND LOT 4, HARBOUR HOUSE PLAT,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 102, PAGES 101 AND
102 OFTHE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID PLAT;
THENCE NORTH 89°41'41" EAST, ALONG THE NORTH LINE OF SAID PLAT, 33.57 FEET;
THENCE SOUTH 01°06'19" EAST, 156.68 FEET TO THE SOUTH LINE OF SAID PLAT;
THENCE SOUTH 89°41'41" WEST, ALONG SAID SOUTH LINE, 12.00 FEET;
THENCE NORTH 01 °06'19" WEST, 146.67 FEET;
THENCE SOUTH 89°41 '41" WEST, 21.57 FEET TO THE WEST LINE OF SAID PLAT;
THENCE NORTH 01 °06'19" WEST, 10.00 FEET TO THE POINT OF BEGINNING.
SAID LANDS LYING IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA,
CONTAINING 2095 SQUARE FEET (0.048 ACRE), MORE OR LESS.
LAND DESCRIPTION PREPARED BY:
SHAH, DROTOS & ASSOCIATES
3410 N. ANDREWS AVENUE EXT.
POMPANO BEACH, FLORIDA 33064
PREPARED BY: MDR
CHECKED BY: MDR
PROJECT NO.: 03-0635
FILE NAME: X:CAD\SURVEY\0635AOO\LEGALS\0635DEDICA TE.WPD
January 6, 2005
SHEET 1 OF 2 SHEETS
------
SKETCH OF DESCRIPTION NORTH
UTILITY EASEMENT
(TO BE DEDICATED)
HARBOUR HOUSE PLAT
(PB102, PGS 101-102, PBCR)
POINT OF BEGINNING
NW CORNER-HARBOR
HOUSE PLAT SCALE: 1 "=30'
LOT 27 SEESTEDT -STn
z (PB 18, PG
0
~ NE
~ LOT 1
~"
!>L 7905 S F.
~
~ ~
Ö
'" ~ « 0~
i\
\S'\ S «QJ
0 .... 0-0 Of),'
0 1.0
~ :i. '0 /'
.......... "\ N89'·
\S'\
~ ~O ç,'?
::::::: ~ «
z' î:ì~ (f) y..~ "\ Of),' LOT 2
C) co~
~ ....CJ ~ ~~ 4952 S.F.
'-.) ~g
is "'t)~ 0
~ C)-t O?
-t IJ) N89' 4 1
,~ ~
I
~ ~S2 LOT 3
C):$
~ ~~ 4810 S.F. SURVEY NOTES:
> §È
\S'\
'"
~ 1. THIS IS NOT A BOUNDARY SURVEY
0 2. LAND SHOWN HEREON WERE NOT
./' ~
z N89'41" ABSTRACTED FOR EASEMENTS,
C)
~ .- RIGHTS-OF-WAY, OWNERSHIP OR OTHER
3: INSTRUMENTS OF RECORD.
~ ::¡
> -" 3. BEARINGS SHOWN HEREON ARE BASED ON
\- (J1 THE CENTERUNE OF NE 1ST STREET. SAID
z ~ LOT 4
~ (J) UNE BEARS SOUTH 89·41'41- WEST
~ ~ 7343 S.F. (ASSUMED).
~
./' o T 6
0
~
\S'\
'" FOR THE FIRM, BY:
~
0 589'41'41
./'
~ LAT LIMIT
~ N£ 1ft S T R £ £ T
./' (PLATLOWlty STltEE'" MICHAEL D. ROSE
\:ï (PB 1, PO 3, PBCR) PROFESSIONAL SURVEYOR AND MAPPER
~ (SO' RIGHT-Of-WAY)
U FLORIDA REGISTRATION NO. 3998
./'
x -- "-CENTERLINE S89'4,'41"!_JBEARING BASIS)
SHEET 2 OF 2 SHEETS
UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED
PROJECT NO: 03-0635 SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER THIS
MAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT
VALID
c... "' A SHAH I '_££R'NG
t-~. ~DROTOS SURVEYING
& Ass 0 C I ATE S PLANNING
CERTIFICATE OF AUTHORIZATION NO. LB 6456
SKETCH OF DESCRIPTION MDR o1/e/œ MDR 34'0 H. Andrews Avenue Ext . Pompano Beach. fl. 33064
REVISIONS DWN DATE FB/PG CHKD PH: 954-943-9433 . FAX: 954-783-4754
01(
ztJ1
RESOLUTION NO. 4-05
A RESOLUTION OF THE CI1Y COMMISSION OF THE CI1Y OF DELRA Y
BEACH, FLORIDA, URGING MEMBERS OF THE FLORIDA LEGISLATURE
TO SUPPORT THE FOLLOWING GROWTH MANAGEMENT ISSUES
DURING THE 2005 LEGISLATIVE SESSION.
WHEREAS, Florida's Growth Management Act was created in 1985 in an effort to create a
blueprint for growth in Florida's cities and counties; and
WHEREAS, cities and counties plan for future growth through local comprehensive plans,
but there is no defined state plan that provides an overall growth management strategy; and
WHEREAS, as Florida's population continues to increase, cities are challenged to meet the
infrastructure needs to account for new growth and development, but there is no infrastructure
revenue source dedicated to municipalities; and
WHEREAS, counties, school districts, or the state of Florida control every funding source
that has been authorized for implementing growth management capital improvements and
complying with concurrency requirements; and
WHEREAS, Governor Jeb Bush and Florida's House and Senate leaders have made growth
management reform a top priority for the 2005 legislative session.
NOW, THEREFORE, BE IT RESOLVED BY THE CI1Y COMMISSION OF
THE CI1Y OF DELRA Y BEACH, FLORIDA, AS FOLLOWS~
Section 1. That the City of Delray Beach urges Governor J eb Bush and members of the
Florida Legislature to support legislation as part of a comprehensive growth management package
that:
· Establishes a process for the county commission and the municipal governing authorities
within a county to jointly levy local government infrastructure surtax within their
jurisdictions to fund infrastructure improvements.
· Authorizes municipalities to levy a real estate transfer fee for infrastructure improvements.
· Repeals the fuel adjustment charge exemption from the municipal public service tax.
· Revises concurrency requirements or adequately funds needed infrastructure.
gc...
· Ties state funding and budget allocations to articulated state growth management policies.
In other words, no more public expenditures that are inconsistent with articulated growth
management policies.
· Revises the Sustainable Communities Certification Program to encourage, not discourage,
cities from participating.
· Creates a state comprehensive plan that articulates state planning goals and policies with
measurable benchmarks.
· Grants cities greater flexibility and less state oversight in pursuing growth management
strategies.
Section 2. That a copy of this resolution shall be provided to Governor J eb Bush, Senate
President Tom Lee, House Speaker Allan Bense, and members of the Florida Legislature.
PASSED AND ADOPTED in regular session on this the 1 st day of February, 2005.
MAYOR
ATIEST:
City Clerk
2 RES. NO. 4-05
---
· ,~
, Ee!1WD
JAN 1 9 2005
City MANAGER
FLORIDA LEAGUE OF CITIES, INC.
MEMORANDUM
To: Members of Florida League of Cities, Inc. Rt=Ct=IVEO
From: John Charles Thomas, Director
Legislative & Public Affairs JAN 2 1 2005
Date: January 13, 2005 C/--
, I Y C:"ERK
Re: Request for Resolution
Last year the FLC Board of Directors adopted a new initiative to enhance the
Legislature's awareness of the League's priority issues. This plan calls on each
of Florida's 407 cities to adopt a resolution that supports the League's key priority
issues.
These key issues were adopted by the League membership at the recent
Legislative Conference and address Growth Management, Reform and
Infrastructure Funding.
Enclosed is a draft resolution that we are asking your city to adopt at the next
available council/commission meeting. We would then like you to send copies of
that resolution to Governor Jeb Bush, Senate President Tom Lee, Speaker of the
House Allan Bense, your House and Senate members and a copy to the Florida
League of Cities no later than Friday, February 25, 2005.
Also enclosed, is a list of addresses for the Governor, Senate President; Speaker
of the House and a House and Senate directory with addresses for your
legislators.
A Microsoft Word version of this resolution can be on the League's website under
Legislative/Advocacy at: www.flcities.com. Should you have any questions or
require additional information, please contact Jenny Anderson at the Florida
League of Cities at (800) 342-8112. Thank you for your assistance.
Enclosu res
301 South Bronaugh, Suite 300 . Post Office Box 1757 . Tallahassee, FL 32302-1757
Telephone (850) 222-9684 . Suncom 278-5331 . Fax (850) 222-3806 . Internet: www.flcities.com
.
DRAFT RESOLUTION FOR FLC
LEGISLATIVE PRIORITIES
A RESOLUTION OF THE CITY OF , URGING
MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE
FOLLOWING GROWTH MANAGEMENT ISSUES DURING THE
2005 LEGISLATIVE SESSION.
WHEREAS, Florida's Growth Management Act was created in 1985 in an effort
to create a blueprint for growth in Florida's cities and counties; and
WHEREAS, cities and counties plan for future growth through local
comprehensive plans, but there is no defined state plan that provides an overall growth
management strategy; and
WHEREAS, as Florida's population continues to increase, cities are challenged to
meet the infrastructure needs to account for new growth and development, but there is no
infrastructure revenue source dedicated to municipalities; and
WHEREAS, counties, school districts, or the state of Florida control every
funding source that has been authorized for implementing growth management capital
improvements and complying with concurrency requirements; and
WHEREAS, Governor Jeb Bush and Florida's House and Senate leaders have
made growth management reform a top priority for the 2005 legislative session
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF
Section 1. That the City of urges Governor Jeb Bush and
members of the Florida Legislature to support legislation as part of a comprehensive
growth management package that:
· Establishes a process for the county commission and the municipal governing
authorities within a county to jointly levy local government infrastructure surtax
within their jurisdictions to fund infrastructure improvements.
· Authorizes municipalities to levy a real estate transfer fee for infrastructure
improvements.
· Repeals the fuel adjustment charge exemption from the municipal public service
tax.
· Revises concurrency requirements or adequately funds needed infrastructure.
· Ties state funding and budget allocations to articulated state growth management
policies. In other words, no more public expenditures that are inconsistent with
articulated growth management policies.
· Revises the Sustainable Communities Certification Program to encourage, not
discourage, cities from participating.
· Creates a state comprehensive plan that articulates state planning goals and
policies with measurable benchmarks.
· Grants cities greater flexibility and less state oversight in pursuing growth
management strategies.
Section 4. That a copy of this resolution shall be provided to Governor Jeb Bush,
Senate President Tom Lee, House Speaker Allan Bense and members of the Florida
Legislature.
PASSED AND ADOPTED by the City of , this _ th Day of
2005.
DI(
?1
¡
MYDELRAYBEACH.COM
City of Delray Beach
Administrative Services Memorandum
TO: David T. Harden, City Manager
FROM: RÂ.obert A. Barcinski, Assistant City Manager
SUBJECT: Agenda I tern City Commission Meeting February 1, 2005
Ratification Sister Cities Committee Board of Directors 2005
DATE: January 21, 2005
Action:
City Commission is requested to ratify the slate for the Board of Directors for the Sister
Cities Committee for calendar year 2005 as attached.
Backeround:
At their annual meeting held on January 20, 2005, the membership of the Sister Cities
Committee unanimously approved the proposed slate of Directors for calendar year 2005.
Per their By-laws there may be up to twenty-one (21) Directors. The slate presented included
eighteen (18) appointees, seven (7) at-large, six (6) for the Moshi Committee, and five (5) for
the Miyazu Committee.
Recommendation:
Staff recommends ratification of the proposed slate of Directors for the Sister Cities
Committee for 2005 as per the attached.
RAB/tas
Attachment
File:u:sweeney/agenda
Doc: Sister Cities Board of Directors 2005
8D
·
Delray Beach Sister Cities
Established 1977
Nominating Committee
Recommendations for 2005
The organization is governed by a Board of Directors with board positions for 21
members. The organization has continuing committees for each of its affiliate
sister cities and other special committees. The affiliate sister cities are Miyazu,
Japan and Moshi, Tanzania, East Africa.
1. Nominations for appointment to the Board of Directors for year 2005:
Charlotte Durante (T)
Lourdes Engroff (AL)
Daisy Fulton (T)
n'Detenga n'Gurumo (T)
Charles Hardiman (J)
Nancy King (AL)
Beth Johnson (AL)
Theodore Marshall, Jr. (T)
Ngozi Mensah (T)
James Mihori (J)
Clovis Moodie (AL)
Peggy Murphy (AL)
Reiko Nishioka (J)
Morton Noble (J)
Rebecca O'Connor (AL)
David W. Schmidt (AL)
Bonnie Seltzer (T)
William F. Wilsher (J)
2. Nominations for the officers of the Board of Directors for year 2005:
David W. Schmidt, President
Ngozi Mensah, Vice President
---- WiUiam F. Wilsher, Secretary
Becky O'Connor, Treasurer
3. Ex Officio Member:
Larry Rosensweig
T = Moshi
J = Miyazu
AL = At Large
U:\RAB\Delray Beach Sister Cities Nominating Committee 2005.doc
MEMORANDUM
TO: MA YOR AND CI1Y COMMISSIONERS
FROM: CI1Y MANAGER t1l1
SUBJECT: AGENDA ITEM # ~E - REGULAR MEETING OF FEBRUARY 1.. 2005
SPECIAL EVENT REOUEST lEAST END VOLLEYBALL
TOURNAMENT
DATE: JANUARY 28, 2005
This is before the Commission to approve a request from East End V olleyball for special event
approval to allow the East End Volleyball Tournament to be held at the municipal beach on April 9
and 10, 2005. Details are outlined in the attached memorandum from Mr. Weldon. We have hosted
volleyball tournaments sponsored by various marketing groups on our municipal beach and it has
been very successful.
Recommend approval of the special event request for the East End Volleyball Tournament.
S:\City Clerk\agenda memos\East End.Volleyball.02.01.0S
[ITY DF DELIAY BEA[H
DElRA Y BEACH
f lOR lOA
... 100 N.W. 1st AVENUE· DELRAY BEACH, FLORIDA 33444·561/243-7000
All-America City
, III I!
1993
2001 MEMORANDUM
TO: David Harden
City Manager
FROM: Joe Weldon
~ Director of Parks and Recreation
SUBJECT: East End Volleyball Tournament - April 9 and 10, 2005
DATE: January 24, 2005
Attached please find a request from Richard Heiles of East End Volleyball
to hold a volleyball tournament on our beach on April 9 and 10, 2005.
East End Volleyball is requesting the following:
1. ) Set up of 20 courts on Friday, April 8th and broken down on Sunday,
April 10th on the beach adjacent to Sandoway Park.
2 . ) A $5.00 parking fee per car per day with restricted parking· at
Sandoway Park for players. Our Ocean Rescue staff collects this money
and deposits it in their competition fund.
3 . ) All cleanup during and after the event will be provided by their
staff.
4 . ) They are requesting signage for 8 sponsors for advertising, one of
which is Corona Light.
5 . ) They have provided us with a certificate of insurance, naming the
City of Delray Beach as additional insured with a minimum of $1,000,000
liability.
@ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS
2
6 . ) They will donate $1,000 to the Ocean Lifeguard competition fund.
We had a successful volleyball tournament on our beach with them last
year. I recommend approval for this event, and request you place it on
the February 1, 2005 agenda for City Commission consideration.
Parks and Recreation
Attachment
cc: Bob Taylor
Ocean Rescue Superintendent
Carolanne Kucmerowski
Agenda Coordinator
JW: cp
Ref:eastendvb
Box 49 Hampton Bays, NY 11946
eevbliN-2000.com
www.eevb.net
631-728-0397 Fax: 631-728-6978
December 20,2004
Joe Weldon
Parks and Recreation Department
50 NW 1'st Ave.
Delray Beach, FL 33444
Dear Mr. Weldon,
East End Volleyball would like to request permission to hold our annual beach volleyball
tournament at Delray Beach on Saturday & Sunday, April 9-10, 2005
Here are the details for the volleyball tournament
1. The requested site is the beach just south of the 5-3 Lifeguard Tower.
2. EEVB staff will clean up the beach during and at the conclusion of the
tournament.
3. We do not need access to the bèach or overnight parking for any vehicles.
4. Players will be charged a $5 parking fee if they use the Sandaway parking lot.
5. The tournament will be for men, women and coed doubles teams held on 20
courts.
6. Tournament set up win be on Friday, Apri18 and broken down Sunday April 10.
7. The following companies will sponsor the event
a. Corona Light
b. Wilson Sporting Goods
c. Native Eyewear
d. WearEver Beach Chairs
e. Sixpak Volfeygear
f. Attantic City Hilton Casino
g. Park & Sun Sports
h. Spike Nashbar
AU of these sponsors will have some signs at the event. The signs will mostly be 30" high
by 8' fang with a PVC pipe frame. They will be hammered into the sand and also serve
as ball stops between the courts. Some of the signs will be hung up on the six 10' x 10
canopies around center court.
EeVB will send a $1,000 check to cover the fee for using the beach. Please feel free to
contact me if you have any other questions or need any additional information.
Sincerely f
~ llQ
Richard Heiles
Jan 18 05 12:50p Richard Hei les 631-728-6~"~ p..~
.
ACORQ,. CERTIFICATE OF LIABILITY INSURANCE I DATE (1IW/DD1't'YVY)
06/07/2004
PRODUCER (386)672-4260 FAX (336)672-4630 THIS CERTIFICATE IS ISSUED AS A MAlTER OF I~FORMATION
Rand Sports & Entertainment Insurance. Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
400 South Atlantic Avenue HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Suite 101 INAlC#
Ormond Beach. FL 32176-7142 INSURERS AFFORDING COVERAGE
INSUREO INSURER A: Clarendon National Insurance I
AVP Nex't INSURER s: AIG li fe Ins Co
Suite 900 -.----- -- ------------- . _ _a.__._______.. _
INSURER c: :
6100 Center Drive INSURER D: I
Los Angeles, CA 90045 INSUJ:IER E: I
ES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N01\'VlïHSTANDIN(
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLJCIES DESCRIBED HEREIN 15 SUBJECT TO AlL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN WAY HAVE: BEEN REDUCED BY PAID CLAIMS.
II~~ ~9:~~ TYPE OF INSURANCE POt.'CY NU"BER POLICY EFFECTIVE p~~~ ,~X.!'.h~J:l9.W LIMITS
I*ERAL LIABIUTY ECPOO1258-00 06/06/2004 06/06/2005 EACH OCCURRENCE $ 1,000,000
X COIllMERCIAL GENERAL LIABILITY ~~~rO RËr~TED $ l00,OO(
~ """MS...,E 0 o:;c,. M:õD EXP (Any one personl $ Exc 1 udec
A X Participant L iab. PE~N1d. & Ar:N '''JURY S 1,000,001
GENERAL AGGREGATE S 2,000.001
GalL AGGREGATE LIMIT AP~ ES PER. PRODUCTS - COMP/O? AGG S 1,000.001
¡xl POUCY n ~ n..oc
CTOrAOalLE UABlUTY ECAOO04S6-00 06/06/2004 06/06/2005 COMBINED SINGLE LIMIT
S
ANY AUTO tEe 8Cç dart) IIOCltl,_OQº
-------.-.- -
ALL OWNED AUTOS : BODIL v INJURY
X S
SCHEDULED AlJTOS (Pe, )IIrS:II1)
A X
HRED AUTOS ßODIL Y II'IJURY
X (Fe, a::ddent) S
NO.....oWNED AUTOS
I X PC Deductible:
: PRO=ERTY (),6,IMGE $
- $1,000 (Per ac:dd!ri)
GARAGE UABlUTY AUTO ONLY - EA ACCIOENT $
R MY AUTO OTHER THAN EAACC $
-------.-.----- ---
AUTO ONLY: AGG S
exceSSlUII'IBRELlA LIABILITY EUMOOO410-00 06/06/2004 06/06/2005 EACH OCCURRENCE $ 4.000,000
t!J OCCUR 0 CLAIMS MADE AGGREGATE $ 4,000,000
A $
! f;¡ DEDUCTIBLE S
X RETENTlCN S 10,00(: s
WORKERS COMÆN$AnON AND ';~~~¡~J}fsl 1°,Z'-
EMPLOYERS' UABIJTY E L. EACH ACCID"NT !
No. Y PROPRIETORlPARTN:::RlEXECUTrvE E.L DISEASE - EA EUPi..OYEE S
OFFJCERiMEM6ER EXCLUDED'! --- - .
: ~~~~I~.}t~~s below E L. DISEASE· FOUCY UNIT I
~HER. . 'd SRGOOO9102263 06/01/2004 06/01/2005 $25,000 Excess Med/$lO.OOOAD&D
B art1c1pant Acc1 ent EPFO00313-00 06/06/2004 06/06/2005 Equipment- $700,000 limit
rersonal Prop Floater $1,000 deductible
DESCRIPTION OF OPERA...IONS I LOCA'T1ONS /VEHICLES EXCLUSIONS ADDED BY ENDORSEMENT J SPEcIAL PROVISIONS
~e certificate holder below is included as an additional insured, but only as respects to
claims arising out of the operations of the named insured.
~;t;onal insured ;ncluded is East End Volleybal11
CERTIFICATE HOLDER CANCELLATION
SHOU~O ANY OF THE ÂBOV& DESCRIBED POlICIES BE CANCELLED BEFORE THE
EXPIRATION CATE THEREOF. THE ~SUtolG INSURER WIlL ENDEAVOR TO MAIL
City of Del ray Beach JJ:l.. DAYS WRl1TEN N011CE TO THE CERTIFICATE HOU>ER NAMED TO TttE LEn
Parks & Recreation Department BUT FAlUJRE TO MAI~ SUCH NOTICE SHALl IMPOSE NO OBUGATION OR LIABIUTY
SO NW 1st Ave. OF AN'" KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES.
Delray Beach. FL 33444 AUTHOR~ECREPRESENT~TWe Çù- 7Z-t?
John Rand/LURA
ACORD 25 (2001/08) @ACORDCORPORATlON 1988
,
Date: Jan. 18, 2005 AGENDA ITEM NUMBER:~ '=
AGENDA REQUEST
Request to be placed on:
_Consent Agenda .!-Regular Agenda _Workshop Agenda _Special Agenda
When: February 1, 2005
Description of Agenda Item (who, what, where, how much): Request approval
to host East End Volleyball Tournament April 9 and 10, 2005 on our municipal
beach using 20 courts on the beach near Sandoway Park. They will donate $1,009
to our Lifeguard Competit'ion Fund and the $5 parking fee per car per day will
also be deposited in this fund.
Department Head
Signature:
City Attorney Revie ecommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials:
Account Number
Description
Account Balance:
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agenda: @NO Initials:-4
Hold U ntH: ;'
Agenda Coordinator Review:
Received:
,..
· ~
[IT' DF DELIA' BEA[H
DELRA Y BEACH
f lOR n A
t&8d 100 N.W. 1st AVENUE· DELRAY BEACH, FLORIDA 33444 . 561/243-7000
All-America City
, 1111 L: MEMORANDUM
David T. Harden, City Manager
1993 r¡J Robert A. Barcinski, Assistant City Manager
2001 FROM:
SUBJECT: AGENDA ITEM # <g F CITY COMMISSION REGULAR MEETING
FEBRUARY 1. 2005 SPECIAL EVENT REQUEST - DELRAY AFFAIR
DATE: January 25, 2005
ACTION
City Commission is requested to endorse the 43rd Annual Delray Affair to be held April 1-3, 2005 to grant a
temporary use permit per LDR's Section 2.4.6 (H) for use of City property and rights-of-way as requested, to
waive LDR's Section 4.6.7 (D)(3)ü)(ii) to allow signage to be installed more than one week prior to the event, to
provide staff support as outlined in the attached letter and permit, to handle City costs per the new event policy,
to allow banners within the site area, to allow all vendor permits to be assigned by the Chamber of Commerce
and to allow this to be the only event held on these dates.
BACKGROUND
Attached is a letter and event permit received from Bill Wood for this years Delray Affair. Also attached is a
basic site plan, budget, private security plan and proof of non-profit status.
Staff has reviewed the attached request from the Chamber of Commerce for the Delray Affair. We support the
request except for the following:
A. Approve use of parks with the stipulation that the Parks and Recreation Director has input concerning the
events proposed on park property.
B. Grant approval of signs per code requirements, and allow banners to be placed within confines of the event
site as may be approved by the Community Improvement Director.
C. Allow signage for the event to be put up by March 22nd versus March 14th.
D. Approval of Old School Square site to be approved by Old School Square.
Estimated overtime cost for this event is approximately $55,170, stage rental is $530 and barricade rental is
$1,200. Last year's actual City costs were approximately $60,070 with the Chamber paying the City $37,552.
Under the new policies the charge for City costs based on the estimate would be approximately $32,826 plus
the barricade rental costs of approximately $1,200.
RECOMMENDATION
Staff recommends approval of the Chamber of Commerce's request with staff recommended exceptions,
contingent on receipt of a certificate of insurance and hold harmless agreement.
RAB:tas
* File:u:sweeney/events THE EFFORT ALWAYS MATTERS
Printed on R~~1{)elray Affair
.. ::
- ~- -- ~ -
':' '" -~-- -.
,-~ í I:) :; -·n R n.
.- - -:._. i ~ ! !
,
December 1, 2004 DEC - 8 r,,",-", ~ ,! Ii
, L I . /.
Mayor and City Commission . i ' ',' t ¡ L.J J
City of Delray Beach .' "" ," "u.. ,~,'. i
" .....n....;. ,,'¡;., . '0; J I\j
100 NW 1st Avenue .-. . _.._:~'.'.', .J..,~ _¡__~ .,:..."1,., :
Delray Beach, FL 33444
Dear Mayor and Commissioners:
Affair The De/ray Affair, celebrating its 43rd anniversary in 2005, is scheduled for April 1, 2,
& 3, 2005 and we would like to request your support once again.
We are very proud of the excellent reputation the event has earned over the last 42
years and we attribute a part of the success to the great relationship we have with
the City of Delray Beach.
The event has a significant economic impact of more than $30 million as measured
in our 1998 Economic Impact Study. * We also are thrilled to share the news of our
most recent accomplishments, one of 200 Best Art Events in the United States
by Sunshine Artist magazine and Top 20 Event in the Southeast by Southeast
Tourism Society. It is our hope that these designations, along with others received
in the past, will assist us in our effort to continue to attracting more tour groups and
visitors to Delray Beach during the Affair.
In addition to the letter, an official City of Delray Beach Special Event Permit
Application has been filed with the City Manager's office and a copy is attached for
your review.
Please consider approval of the following Delray Affair items:
1. Endorsement by the City Commission as a City supported event;
2. Use of City parking facilities for entertainment and exhibitor parking at
Worthing Park, Veterans Park, the City lot behind Hand's, NE 1st Street, and
i lot adjacent to Vittorio's Restaurant on Federal Highway northbound just
south of Atlantic Avenue;
~ 3. Use of all area within Worthing Park, Veteran's Park, CRA parking lot and the
exterior grounds of Old School Square (please note that a separate request
~ letter has been sent directly to Old School Square and the CRA);
4. Blocking off vehicular traffic and parking from:
i West boundary: NW 1st Avenue/SW 1st Avenue
East boundary: Intracoastal Waterway
North boundary: NE 1st Street
i South boundary: SE 1st Street
Additionally, blocking access to Atlantic Avenue from each side street in this
area from alley to alley and suspension of parking time restrictions;
.¡ 5. Provide City staff support with representation from Police, Fire, Streets,
Engineering, Fleet and Facility Maintenance, Community Improvement,
Parks & Recreation, and City Managers Office for planning and operation
services;
~ continued on page 2
... .
De/ray Affair - Page 2
6. Allow this to be the only Commission approved event during the De/ray
Affair time frame. Allow all permits to be assigned by the Chamber of
Commerce only, with the exception of the Special Event Parking Lot
Concessions;
7. Permission to erect signs promoting the event from March 14th through April
4th.
8. Permission to erect overhead banners within the confines of the De/ray Affair
site;
9. City staff overtimes costs to be handled per new event policy.
We sincerely appreciate all of the efforts of the City employees and look forward to a
great De/ray Affair in 2005. We hope each of you will be a part of the festivities.
cc: Dave Harden, City Manager
Bob Barcinski, Asst. City Manager
Chief Larry Schroeder, Police Dept.
Lt. Geoff Williams, Police Dept./Special Events
Chief Kerry Koen, Fire Dept.
John Tomaszewski, Asst. Fire Chief
Joe Weldon, Director of Parks & Recreation
Tim Simmons, Supt. Parks Maintenance
Harold Bellinger, Public Works
Orlando Serrano, Traffic Maintenance Supervisor
Jim Schmitz, Acting Director Public Works
Gary Buzen, Building Maintenance
Lulu Butler, Director of Community Improvement
*Regiona/ Research Associates, 1998
,.R-~ . DElRAY BEACH
. t \ CIty of Delray Beach F to. lOA
Special Event Permit RECEIVE~
Application DEC 0 9 2004 , III , '
AS~I~TANT
CITY MANAGER ®
PLEASE PRINT 1993
2001
Event Approved/Denied Date of Approval/Denial
Approved/Denied by Title
1. Event Name/Title: -.1) f L- f!- A V A F F A J f2.-
2. Event Date(s): Event Time(s):
Apv,1 J, ;t j 3 I ~ DO 6 I () 11. Y\Il - lo f fY\
3. Event Sponsor/Producer:
4. Event Contact/Coordinator.
5. Address: l.o e 6th ~~- ..e (t .
6. Telephone Number: ollt¡ -, 3 ¥ 0 1- ~~ Cellular Num . er: ÎD.;1.-(p<6g~
7. E-mail Address: ~Y\ ~~ ~v~. U)rYI
8. Ever~n~ ~ t- ';('i~V;r~~S-h v~ - 'f3"-.tArvwtu.
(If neighbor-hood block party, then please skip questions #10-35 and go to
question #36)
9. Sponsor Category: (please check) City 0 Non-Profit/Charitable (private 0
Co- Sponsor - Non-Profit/Private 0 .
(If Non-profit attach proof of 501c 3) or (d)) 5DI c,( r.,) ad-fL£JLR tI.-
10. Event Location/Address: t Lù
~lLS ~ V\.~ CL1e¥\iÙ
ì ~~ AU l>
Ie p an attached:
(Site plan required for entire event site)
12. Event budget attached: yes J no
(Required for all events)
13. Serving or selling alcoholic beverages: yes v no
(If yes, copy of license and alcohol liability insurance required two (2) weeks prior
to event) ./
14. Event certificate of insurance attached: yes no
(Required two (2) weeks prior to event naming the City as additional insured, also
required for vendors) ./
15. Playing of amplified music: yes no
(Waiver required) -/
16. Requesting Police assistance: yes no
(Traffic controllsecurity)
1
, .
.
17. Will supplement with private security: yes / no
(If yes, need plan attached) /
18. Requesting Emergency Medical assistance: yes no
19. Requesting barricade assistance : yes v' no
20. Requesting trash removal/clean up assistance: yes v no
21. Requesting trash boxes and liners: yes no J prvv ~d.ttl
22. Requesting stage use: yes J no
(If yes, check type)
Large stage covered 0 Large stage no cover )( Small stage 0 Half small
stage 0 J
23. Requesting signage : yes no
Type: Event sign ./ Directional signs v
Banner hanging.../ Indicate dates required Mo.x(þ\ 14-- Afr'"ì L'-l-
(Waiver required if more than one (1) week prior to Jvent)
24. Food and beverage vendors: yes no
If yes, please provide the approximate number, as well as the name,
address, and contact phone number of each vendor \50
25. Health Department approval: yes J no
26. Other vendors: yes ./ no
27. Tents: yes ./ no
(If yes, tent permits and fire inspections maybe needed) v'
28. Will the event include amusement rides? yes no
(If yes, type and location and copy of liability insurance required) (Also,
please provide the name, address and contact phone number for each
amusement provider)
29. Will the event be gated? yes no if
(Show on-site map) v
30. Will there be fireworks or other pyrotechnics? yes no
(If yes, contact Fire Marshall) /
31. Will there be cooking with compressed gas? yes no
(If yes, contact Fire Marshall) ./
32. Will you be providing port-a-Iets for the event? yes no
(If yes, locate on-site map. If no, indicate how you will handle restroom
needs) J
33. Will there be a charge for the event? yes no
(If yes, indicate ticket prices) J
34. Is reserved parking requested? yes no
(If yes, indicate locations)
2
"
" r
35. Nei hborhood Block Parties Ne; hborhood block art;es onl
. Is event sponsored by the Homeowner's Association? yes_ no_
(If not, then individual(s) submitting permit application must also submit a
petition signed by 51% of the homeowners who live on the block)
. Please note the following: 1 ) Approvals will only be given for a one (1)
block area 2) Permit applications must be received in writing by the City
Manager's Office at least thirty (30) days prior to the event.3)
Consumption or sale ot alcohol on City rights-at-way will not be
permitted.4) Structures other than barricades are not allowed in City
rights-of-way.5) Homeowners Association will be required to pay all
overtime costs that may be incurred as a result of City staff involved in the
event.
U:k12rtfln JtLa) J~ - 1- 04-
Event Contractor/Coordinator Date
Please print: Lj n.n \+. B, tLl.aJLt·~
Please enclose the appropriate non-refundable application fee payable to the City ot
Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444.
For Staff Use Only (. / ,¡ Application fee received .$ lro. () 0 ~
Date Received ~ 9 ()
Site map
Budget
Certificate of insurance
Hold Harmless agreement
Security plan
Waiver alcoholic beverage
Railroad approval
Coast Guard approval
501 c(3) or (d) certificate or letter
Health Department approval
Fire I nspector approval
Police Department approval
Public Works approval
Parks and Recreation approval
City Commission approval
3
_. -' .. --. . - - .- -- . -
~""ò .;\ INTERNAL R~VENUE SERVICE
'~i/ DISTRICT OIR!:CTOR
;Y Jacksonville, Florida
P. O.Box ~ 3 SOlO :
April 26, 1967 IN ..eflLY ,,,"fit TO !
For~R~179 I
434:P :md. i
J~{:EO:67-l3O i
l'oRocoo' "\ ,
·Dl!lr~ Beach Chamber or Commerce
64 S. E._5th Å'venue I
D~lra.y Bach, Florida 33444 SECTION SOHcl ( 6 )
e "DDRESS INQUIRIES "HD ,.LE. R~TURHS WITH
DISTRICT DIRECTOR OF INT~AHAL. REVENUE
Jackson:rllle, Florida I
Gentlemen : ACCOUNTING PERIOD £HDIHG I
. I
December 31 I
I
I
On the basis of your stated purposes and the understandinQ that your operations will continue 115 I
evid~nced to date or will conform to those proposed in your ruling application, we have concluded
that you are exempt from Federal income tax under the provisions of the Internal Revenue Code
section ind[cated above. Any changes in operations from those dp':-icrihed, or in your character or
purposes, must be reported immediately to your District Dirp.ctor for r.aììsìderation of their effect
upon your exempt status. You must also report any chang¿ in jOur name or address.
You are not required to fi1~ FedertJI income t'1X retllrns so bn!) as YOII rE-'tr:1in (In t,?xl?mpl slotus,
\.Jnles.:; you (H~ subject to the tax on 1ll1f~luud husin'::"ss ¡nC:Jlr:;o imp:):..>e:i by sectlon 511 oí the C,)J~t
in which event you are requlr~d to file Form 990·T. You are reqmred to (ile un information return, !
Form 930, annua lly on or before the 15th day of the í if th month oiler the close of your annual ì
accountinq period indicated above.
You ore' I ìable for the taxes imposed under the f'ederal Insurance Contributions Act (social security
tax.'?s)¡ and for the tax imposed under the FPoc1eral Unemployment Tax Act if you have four or more
indiv!':iuals In your employ. :
Any questions concerning excise, employment or other Federal laxes should be submitted to this
ofi j ~e.
This 1s a determination letter.
f&~~
~ ~ Vp.r~ truly y~l~S. :
.. [l /~jh
./ .ê~ /'
4: i:. OIDonnell, Jr.
o is trict 0 ireclor
-
rOA.... L-119 16-"4\
'\J '·'......i-~ v"r'y \. - ....-~ - '" J 'V - -
~ , __ .J .__ r r',
!
t
I
I
¡
I
\
¡
i
t
_ I ~ C
lOA "C m
WI ¡ ii....
@ .! ::J~
I
t :s
I -.-<
{ :s........
i u:! ~
(1)>'''
-. ."
,...»
tDl-t
3::ID
DIN
"CO
~O
UI
.}"O} Y.ÀM.Y.
·
2005 DELRAY AFFAIR
April 1, 2, & 3
Proposed Budget
INCOME EXPENSES
Entry Fees $ 219,000 Personnel-Administrative $32,350
Contract Services 3,500 Enterta i n ment/Exh i bitor /Photog ra phy 21,800
Sponsorships 59,000 Professional Retainer Fees 8,500
Merchandise Sales (other income) 15,500 Waste Control & Disposal 12,000
Shuttle Bus Services 5,000
TOTAL REVENUE $ 297,000 City Services 36,000
Security & Licenses 3,050
Equipment & Facility Rental 8,050
Sponsorship Sales/Recognitions 4,100
Event Signs & Banners 2,100
Advertising-Print/TV /Radio 6,900
Office & Administrative 6,800
Event Supplies & Purchase 2,100
Printing Expenses 2,250
Merchandise Sales Expense 9,000
TOTAL EXPENSE $ 160,000
TOTAL SURPLUS $137,000*
* Event surplus remains in Greater Delray Beach Chamber of Commerce Operating Budget to fund other chamber programs and
activities, Including, but not limited to: Governmental Affairs, Tourism, Education and Joint Venture.
-~----
.
. . DELRAY AFFAIR 2005
PRIVATE SECURITY DETAIL
Friday, April 1
6:00 a.m. - 3:30 p.m. Hand's Parking Lot
(monitoring VIP/merchant/employee/resident
parking)
11 :00 a.m. - 4:00 p.m. Atlantic Plaza (inside courtyard area and back
parking lots)
6:00 p.m. - 5:00 a.m. Old School Square (overnight security)
6:00 p.m. - 5:00 a.m. Atlantic Plaza and Veteran's Park (overnight
security)
Saturday, April 2
6:00 a.m. - 3:30 p.m. Hand's Parking Lot
(monitoring VIP/merchantJemployee/resident
parking)
11 :00 a.m. - 4:00 p.m. Atlantic Plaza (inside courtyard area and back
parking lots)
6:00 p.m. - 5:00 a.m. Old School Square (overnight security)
6:00 p.m. - 5:00 a.m. Atlantic Plaza and Veteran's Park (overnight
secu rity)
Sunday, April 3
6:00 a.m. - 3:30 p.m. Hand's Parking Lot
(monitoring VIP/merchantJemployee/resident
parking)
11 :00 a.m. - 4:00 p.m. Atlantic Plaza (inside courtyard area and back
parking lots)
- -----~~
MYDELRAYBEACH.COM
City of Delray Beach
Administrative Services Memorandum
TO: David T. Harden, City Manager
FROM: ~obert A. Barcinski, Assistant City Manager
SUBJECT: Agenda I tern City Commission Meeting February 1, 2005
Special Event Approval- Saint Patrick's Day Parade
DATE: January 21, 2005
Action:
City Commission is requested to approve a request to conduct the 3ih Annual Saint Patrick's
Day Parade proposed to be held on Saturday, March 12, 2005 beginning with set up at noon,
and ending at approximately 3:30 p.m., and to grant a temporary use permit per LDR's
Section 2.3.6(H) for the use of Atlantic Avenue from Venetian Drive to the County
Courthouse for the parade and Venetian Drive and Gleason Street for staging of parade
entries. Commission is also being requested to approve staff support for traffic control and
security, barricading, trash removal, assistance in obtaining the FDOT permit, use and set up
of half of the small stage, and waiver of LDR's Section 4.6.7(F)(3)G)(ii) to allow event
signage to be put up 30 days prior to the event.
BackJ!Tound:
Attached is a permit and letter request from Edward Gallagher on behalf of the St. Patrick's
Day Events, Inc. to approve the parade and provide staff support for traffic control and
security, clean up, stage set up and removal, barricading, assistance in preparing the FDOT
permit and to allow event signage to be installed 30 days prior to the event. The parade will
start at 2:00 p.m. and end approximately 3:30 p.m. Venetian Drive and Gleason Street will
be utilized to stage the parade entries and we would close these streets by noon. Estimated
overtime for the event is $5,740, stage rental $265 and barricade rental $350 for a total of
$6,355. Last year's event costs were $5,730. Per event policies and procedures adopted
01/01/05, the event sponsor will be required to pay approximately $2,250. Also attached is a
memorandum from Lt. Williams, from January 2000 outlining other conditions and
suggestions that should be required. The parade organizers and I concur with these
conditions. A copy of the event budget and site plan is also attached.
Recommendation:
I am recommending approval of the event request, the temporary use permit, providing staff
support as requested with the following conditions:
~G
1. All conditions contained in Lt. Williams January 20, 2000 memo are met.
2. The event sponsors provide the City with the required liability insurance and hold
harmless agreement.
3. Event signage not to be put up any earlier than March 2,2005.
RAB/tas
Attachment
File:u:sweeney/events
Doc:Agenda Item Saint Patrick's Day Parade 2005
ST. PATRICK'S DAY EVENTS, INC.
118 N.E. 16th STREET
DELRAY BEACH, FLORIDA 33447
TEL & FAX: 561 2430069
December 16,2004
Mr. Robert Barcinski
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Re: St. Patrick's Day Parade 2005
Dear Mr. Barcinski:
Pursuant to our conversation with your office on December 16, 2004, I hope the following
information will address any questions that may come up:
1) The parade is scheduled for Satruday, March 12, 2005 at 2:00PM. That will require the
closing of Atlantic Avenue from 1 :45 PM until approximately 3: 15PM
2) I will supply signage for the City to display by March 1, 2005.
3) As always, we request the assistance of the Delray Beach Police Department for traffic
and crowd control.
4) We also request the barricading of parking spaces on Atlantic Avenue as determined
by the Delray Beach Police.
5) We also request the assistance of staff in the clean-up after the parade.
6) I believe you have copies of my letters to the F.E.C. Railroad and the Coast Guard.
Also, I have contacted Plastridge Insurance to acquire insurance for the parade
(Certificate to follow).
7) As usual, we will be supplying 25 parade Marshalls to assist in keeping the parade
moving and under control.
8) I am awaiting an agreement from the City's Attorney so we can finalize our last year's
donation. I have spoken to Lula Butler about this and the agreement is forthcoming.
Please feel free to call me if you require anything further.
Regard sand Happy Holidays,
E:~?
Parade Coordinator
~ ~
.... .
City of Delray Beach DRRAY BEACH
t.ad
Special Event Permit ;Ijjr
Application
PLEASE PRINT 1993
2001
Event Approved/Denied Date of Approval/Denial
Approved/Denied by Title
, My ?1fR-~E
1. Event NamelTitle: LJT plfT«(~K~
2. Event Date( s): fr1 ~ 0 t-/- ~OO S- Event Time(s):
(2-.
f
3. Event Sponsor/Producer: ~
4. E vent Contact/Coordinator:
5. Address: (~ b 7(, G2 L- 1- 3~~/~i
6. Telephone Number: 5i1>t ¡lib t!)')..~? Cellular Number: s-~I t¡t/ I f!iT7<;
7. E-mail Address: ~o ~ ( @ ~,-::Z¿'5<Puf1./. N~"
8. E vent Description: l },,+t-- ç T (~t-~I c-~ç /1 y P41l-Mí~
(If neighborhood block party, then please skip questions #10-35 and go to
question #36) City 0 Non-Profit/Charitable ~ Private 0
9. Sponsor Category: (please check)
Co- Sponsor - Non-Profit/Private 0
(If Non-prorIt attach proof of 501c(3), c(4), c(6), c(10) or c(19)) _
10. Event Location/Address: Ø'¡p::;¡- 0 A.1 It- TZ-~ ì1 L t1 liE" r'?ol11
(;") L t..~¡J s¡-l2.EL:í ID -5w "')... tv ~ IfV~
Site plan attached: yes V no
(Site plan required for entire event site) ~
12. Event budget attached: yes no
(Required for all events) V
13. Serving or selling alcoholic beverages: yes no
(If yes, copy of license and alcohol liability insurance required two (2) weeks prior
to event) V
14. Event certificate of insurance attached: yes no
(Required two (2) weeks prior to event naming the City as additional insured, also
required for vendors) v/'
15. Playing of amplified music: yes no
(Waiver required) v'
16. Requesting Police assistance: yes no
(Traffic controVsecurity)
1
, .
, .
,. .
17. Will supplement with private security: yes / no
(If yes, need plan attached) V
18. Requesting Emergency Medical assistance: yes no
19. Requesting barricade assistance : yes v no
20. Requesting trash removal/clean up assistance: yes .// no
21. Requesting trash boxes and liners: yes v no
22. Requesting stage use: yes V no
(If yes, check type)
Large stage covered 0 Large stage no cover 0 Small stage ~ Half small
stage 0 /
23. Requesting signage : yes no
Type: Event sign ,4'x4') Directional signs v'/'(i,J FuJI Lt c"J9'" -n
Banner hanging Indicate dates required
(Waiver required if more than one (1) week prior to e~t)
24. Food and beverage vendors: yes no
If yes, please provide the approximate number, as well as the name,
address, and contact phone number of each vendor which is due no later
than one week prior to the event 2 f2>oD'r1+8
25. Health Department approval: (see attached) yes no V'
26. Other vendors: yes no V'
27. Tents: yes no t/
(If yes, tent permits and fire inspections maybe needed)
28. Will the event include amusement rides? requiring state approval? V
yes no
(If yes, type and location and copy of liability insurance required)(Also,
please provide the name, address and contact phone number for each
amusement provider along with copies of their liability insurance)
V' ,/
29. Will the event be gated? yes no
(Show on-site map) /
30. Will there be fireworks or other pyrotechnics? yes no
(If yes, contact Fire Marshall) ~
31. Will there be cooking with compressed gas? yes no
(If yes, contact Fire Marshall) /
32. Will you be providing port-a-Iets for the event? yes no
(If yes, locate on-site map. If no, indicate how you will handle restroom
needs) ~
33. Will there be a charge for the event? yes no
(If yes, indicate ticket prices) ~
34. Is reserved parking requested? yes no
(If yes, indicate locations)
2
. ~
.. L
35. Nei hborhood Block Parties ei hborhood block arties onl
. Is event sponsored by the Homeowner's Association? yes_ no_
(If not, then individual(s) submitting permit application must also submit a
petition signed by 51% of the homeowners who live on the block)
. Please note the following: 1) Approvals will only be given for a one (1)
block area 2) Permit applications must be received in writing by the City
Manager's Office at least thirty (30) days prior to the event. 3)
Consumption or sale of alcohol on City rights-of-way will not be
permitted.4) Structures other than barricades are not allowed in City
rights-of-way. 5) Homeowners Association will be required to pay all
overtime costs that may be incurred as a result of City staff involved in the
ev t.
t.#f!t,4L
Please enclose the appropriate non-refundable application fee payable to the City of
Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444.
For Staff Use Only
Date Received Application fee received $
Site map
Budget
Certificate of insurance
Hold Harmless agreement
Security plan
Waiver alcoholic beverage
Railroad approval
Coast Guard approval
501c(3) or (d) certificate or letter
Health Department approval
Fire I nspector approval
Police Department approval
Public Works approval
Parks and Recreation approval
City Commission approval
3
..
~ -:- s It. N A.
W SWSTHAVE ~ W
I I 10:) 12 8.
~ SW4THAYE ~ ci c:
S, IOc' , 5 D.
TAT ,
R SW3IIDAVE V R E. ..
E ~~r:~' A' >........ 0 E
E .~~+"" ~,~ @ E TÐN5œma ~ f.
T .....CIII~ AVE .. ~ '
, '0 \ anHAtL G.
SW\STAVE sla ~ N H-
I I O' LJwD L
~ SwwroNAVE 0 @ ~ J.
DETOUR~ t I 0; 0 K.
Sf 1 ST AW S _ S T L
: SU>ÐAW ~: Di D ~
~ I I ~
ÞU£Y
FEC ··F~CR{lCl= 0.
S · 'SE 31Ð A\IE
E CJ ~
1
S se 41H AVE A b N . N Q.
T I ",T ED E
s L 1 2 R.
or Sf SlH AVE A ® s-4lllt- N
: I ~ DTD 0 ~
E SE&1HAVE C ~~. T.
T o,~T
J A E::J~c::J: ~
v ~.. E
SE71HAVE E ~'. T V.
f!:]T ·
PAlM B VE1U! N'S W.
PAlIK ~
~ ICW ICW x.
I ~
I 1 J
I -I ~ !f' EASTDR~ I Z.
VENE11AN ~ L~_ MOTORCYCLE. 1
I I ~ K S£I,8I1EUE
ÇI ~A-",", -L: L I NOroRCYCLU2
8 ·N-AN.)fEWS AVE
xxxxxxxxx~
BARRICADE bJ~
I I A-1-A(NomtOCENULIID.) .
/
..",....... ,..-......
· . .
...
ST. PATRICK'S DAY EVENTS, INC.
118 N.E. 16th STREET
DELRAY BEACH, FLORIDA 33444
PROJECTED INCOME/EXPENSE FOR 2005 PARADE
INCOME EXPENSE
$12,000 - $14,000 Dpt of State Filing $ 61.25
Bank Fees $ 50.00
Cammilucci Signs/Adv $ 150.00
Plastridge Insur. $ 1,500.00
P. Bch Pipe & Drum $ 600.00
Police Pipe & Drum $ 600.00
Accounting $ 770.00
Legal $ 222.50
Golf Tournament $ 3,228.00
City of Delray Fees $ 100.00
Ft. Laud. Highland $ 750.00
Bob's Barricades $ 165.00
FI . Dept of Rev. $ 300.00
$ 8,496.75
"'ï'{ Ð V~~ì1Mt' '-(qço'i
- ---
5q L!IW
)
/:¿t1~t1 lb:L:J ~bl LlL:1bL.:SL vt:.U'(1-\ Y ut:.l-\ù1 PUL lU:.. røH~t:. VL./tJ,,)
. .:'
,
~
.~.
"
.::,
¡/ D~~RAY BEACII POLICE DEPARTMENT
MEMORANDUM
".
.
-"
- ..
TO: Mr Robert Barcimki
As: istant City Manager
FROM: Lie Itenant Gcoff Williams :#
Spt cial Opetations Section .
DATE: 1arrwy 20~ 2000 r
"-
SUBJECT: ST. FATRICK'S DAY PARADE
Below is a list of I he police department's requests and suggestions for a safer St. Patrick's Day
parade.
-
1. Parade marsh lb:
. OrgaI:Üzers sh(·uld provide twenty marshals to ro.onitor parade participants and enforce
restrictions.
. Marshals shou.11 not bç permitte¿('to consume alcohol prior to or during the parade..
.. Marsillt1s need .1) be inform~d of the rules for the parade and trained in w1w.t to do if the rules
are broken.
0 1ñey need to 1 e identifiable. M~sbaIs should be clotl1ed in a brightly colored T -shiFt (day
glow) with the Nords &1> ARADE MARSHAL" printed on the front and back.
. They need to b~ trained in how to line up the floats~ matchers, etc., in the staging areas and
llOw to get the! n onto E. Atlantic A venue in a timely manner in order to keep the gaps to a
roinùnum. .
.. 1\\'0 marshAls need to be assigned to assist the office.rs posted at E. A1Janti~ Ave. and the
FECRR to help \vith clearing people :fi-om the :tracks as trains approach.
2. AJcoho1 license extensions:
·0 The city showd not grant any 1Ùcohollicensc cx1ensìollS. . .
.-
3. Floats:
.. Float operators need 10 be given a list of parade ruIes and held accowrtable fOJ their
enforcement.
. An parade pårti, :ip8l1ts need to travel to the terminus located a.t the courthouse.
.
. Absolute1y no a:cohol 'will be permitted on any float. It is a vioJi1tion ofF.S. 316.1936 wbich
states "It is unJawfui and punishable...fur any person to possess an open container of &1
alcoholic beven ge while operating a vehicle in the state or while a passenger in or on a
vehicle being 0 )crated in the state.» According to our lega1 advisor) Kathy Kozol, this
c . If
. . DELRAV BEAm POLICE PAGE 03/83
.. .-Ì/2ØØØ 16:25 5612436232
, ~
2
..
f prohibition. do ~s ext.ctyl to ~ailers being drawn by "any -verucle. This can be enforced by the
officers we wi 1 ~v~:doy¡ntown ~ax:ly.. Thoy can inspect each float/vehicle participating in the
purade. The =e will probably have to be a clause in the float permits whereby, the
operators/owo ~rs agr~ to peonit full inspection by the Delray Beach :Police Department. --
-
. No .items at aH should be permi1Íed to be thrown nom any floatJ vehicJe or by any person
pnrtidpating ix the parado. There is· no problem with wallcing" participants handing out items
such as candy, hats, etc.. . "
4. .Vendors:
. No vendor sh(,uld be permitted to sell Silly String or sitnilar ite~ noisexnakers kno,~ as
Snaps or Popp ~n) or any other type of exploding Or pyrotechnic deVice. No! should 1hc:y be
permitted to ~ 1 any item that is the facsimile of any weapo~
"' .
5. Crowd Contr(}:
.. Wo ,,,ould like to utilize; the French barricades to assist us with crowd control in the 200-300
blocks ofE. At antic Ave.
Should you have at:y questions I can be reached at X-7885.
GRW/grw
.-
cc: Cap~ain Ma ~k Davis
9
,
& 1,
&
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # \-\ - REGULAR MEETING OF FEBRUARY 1. 2005
SERVICE AUTHORIZATION #14/CURRIE SOWARDS AGUILA
ARCHITECTS/INTRACOAST AL PARK
DATE: JANUARY 28, 2005
This is before the Commission to approve Service Authorization No. 14 to Currie Sowards Aguila
Architects in the amount of $106,750.00 for additional design services associated with the Intracoastal
Park Florida Inland Navigational District (FIND) Project.
Funding is available from 334-4174-572-63.90 (General Construction Fund/Other Improvements/
Intracoastal Park)
Recommend approval of Service Authorization No. 14 to Currie Sowards Aguila Architects in the
amount of $106,750.00 for the Intracoastal Park Florida Inland Navigational District (FIND) Project.
S:\City Clerk\agenda memos\ServiceAuth.#14 Currie Sowards.02.01.0S
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
www.mydelraybeach.com
TO: David Harde~ger
FROM: Victor Majte , nstruction Manager
SUBJECT: INTRACOASTAL PARK, PIN 2001-007
Agenda Item: Service Authorization #14 to Currie-Sowards-Aguila-Architects
DATE: JANUARY 21,2005
Attached for City Commission approval is Service Authorization #14 to Currie-Sowards-Aguila-Architects for
additional design services required in the development of construction documents for the new Intracoastal
Park project, PIN 2001-007. Service Authorization #14 is in the net amount of $106,750.00.
Service Authorization #11 to Robert G. Currie for design of the master plan for the referenced project was
approved December 23, 2002, in the net amount of $6,600.00. This encompassed Task 1 of the
authorization which covered all required surveying on the property. City Commission approved on May 6,
2003, Amendment "1" (Service Authorization #11.1), for conceptual design and permitting requirement
review, as described under Task 2a, in the net amount not to exceed $9,250.00. On August 19, 2003,
Commission approved Service Authorization #11.2, expanding on task on Task 2a, to include fees for an
environmental consultant to coordinate with other review and permitting agencies for any mitigation
requirements associated with the design, for a fixed fee of $6,150.00. On April 13, 2004, Commission
approved Service Authorization #11.3, scope of work under Task 3, for the preparation of the master site
plan in the amount of $14,950.00.
Proposed Service Authorization #14 is for preparation of all permit and construction documents based on
the December 6th, 2004, City Commission approved site plan. Services will also include any required soil
tests and analysis, mitigation plan, bid review, and construction observation.
Approval of this service authorization would bring design costs to date at $143,700.00. Estimated
construction cost for the project is $1,750,000.00.
Funding is available from 334-4174-572-63.90, General Construction Fund/Intracoastal Park.
cc: Richard Hasko; Director of ESD
Joe Weldon; Director of Parks & Recreation
Randal Krejcarek; City Engineer
Rafael Ballestero; Dep. Director of Construction, ESD
Agenda File, 01/18/05
File 2001-007(A)
S:\EngAdmin\Projects\200 1\200 1-007\CONSTRC1\SA #14 Currie 02.01.05.doc
CURRIE . SOWARDS . AGUILA . ARCHITECTS
Robert G. Currie, AlA Jess M. Sowards, AlA José N. Aguila, AlA
CURRIE SOWARDS AGUILA ARCHITECTS
CONSULTING SERVICE AUTHORIZATION
DATE: Januarv 7.2007
SERVICE AUTHORIZATION NO. Fourteen (14) FOR CONSULTING SERVICES
CITY P. O. NUMBER: CITY EXPENSE CODE: TITLE: -
INTRACOASTAL (F.I.N.D.) PARK CSAA # 021002
This Service Authorization, when executed, shall be incorporated in and shall become an integral
part of the Agreement dated March 29, 1996, as amended, between the City of Delray Beach and
The Robert G. Currie Partnership, Inc., dba Currie Sowards Aguila Architects
I PROJECT DESCRIPTION
Services generally consist of preparation of permit and construction documents for a boat
ramp park as detailed on the approved site plan dated July 28, 2004, and approved by the
City Commission, with comments, on December 6, 2004. Services will include permit and
construction documents, submittal to the City and other agencies for permit review,
assistance during the bidding period, and limited construction administration. Services will
generally include civil engineering, environmental consulting, landscaping and irrigation
services, architectural, structural, electrical, mechanical, and plumbing services. The site is
located between the Intracoastal Waterway and U.S.#1, south of the Delray Harbor Club,
and consists of approximately 4.4 acres.
II SCOPE OF SERVICES
Services for this project are anticipated to include the following:
1. Additional site and topographic surveys
2. Bathymetric su rvey
3. Soils analysis and percolation test
4. Mitigation pia n
5. Preparation of water, sewer, paving and drainage permit and construction
docu ments
6. Preparation of permit and construction documents for building, site wall, and site
improvements, to include architectural, electrical, mechanical, plumbing, structural,
landscaping and irrigation services
7. Preparation of documents necessary for the repair (as needed) of the existing sea
wall, and the addition of a new two slip boat ramp
8. Bidding and permit submittal package for required agencies (review fees not
included) having jurisdiction.
9. Limited construction observation to include response to contractor's questions,
shop drawing review, and up to two site visits per month.
fORMERLY ROBERT G CURRIE PARTNERSHIP, INC.' AlA FLORIDA fIRM Of THE YEAR 2000
1.34 Northeast First Avenuc . Delray Beach. Florida 33444 . 561-2ï6-4951 . Fax. 561-243-8184 . AAOOO2271
www curriearc.com
./ /./
-/-;r-,/
-J~~/-:~
_/ _'".J
III BUDGET
Fees for professional services associated with the tasks listed herein shall be a lump sum
fee of One Hundred Five Thousand Dollars and No Cents ($105.000.00). Reimbursable
expenses are additional and are not expected to exceed One Thousand Seven Hundred and
Fifty Dollars ($1.750.00).
IV COMPLETION DATE
Each Task will be completed in an expeditious manner, consistent with a written Notice to
Proceed from the City, and outside agencies which are required to review and permit.
This Service Authorization is approved contingent upon the City's acceptance of and satisfaction
with the completion of services rendered in the previous phase or as encompassed by the previous
Service Authorization. If the City in its sole discretion is unsatisfied with the service provided in
the previous phase or Service Authorization, the City may terminate the Contract without incurring
any further liability. The CONSULTANT may not commence work on any Service Authorization
approved by the City to be included as part of the Contract without a further notice to proceed.
Approved by:
CITY OF DELRA Y BEACH CURRIE SOWARDS AGUILA ARCHITECTS
Date:
Jeff Perlman, Mayor
Attest:
The following instrument was acknowledged
Before me this -.l Day of ~"'I,J~ ' 2005,
by José N. Aguila, of The Robert G. Currie Partnership,
Inc., dba Currie Sowards Aguila Architects, a
Professional Association. He is personally known to
~noath. , .,.
~ ~\\\\\""""'I;;
Notary Public ~'\'~~'ð.\\\\een uavl.' .,%'
.§o .......... ~ '~
My Commission Expires: ~ ...~~\SSION ~.f;... ~~
~ .. cP ~?,.w 7,<0. A~.. ~
- .::....~ ,,~.-
: · ~ 'S SEALu> ~ ~
. ª*: .... :*[
~ ~ ~ #00176008 .: ¡§ ¡
~ 0A e. . ~ ~
~--?;.. l;eOndeà~\~~ ..(§~
~.... ~)- ,.;.:~ ¡:all1-I!\SIJ\?t~ . . ~ <>' é
/ /'.1 (/8. .......,.; 0' ~....
/ '~~!!".~/C, S1~~~,,\.....
.,.It,: ~,\u,-\,\
EXHIBIT "5"
Delray Beach I ntracoa 6ta I Park
1. The following general breakdown illustrates the costs associated with Service
Authorization number Fourteen (14):
a. Civil Engineering Services $ 50,675.00
b. Architectural $ 27,675.00
c. Ecolog ica IIEnvi ron menta I $ 14,500.00
d. La ndscaping/I rrigation $ 5 ,200.00
e. Structural $ 3,750.00
f. MEP $ 3.200.00
T ota I fees $105,000.00
2. The project schedule will be accomplished in three basic stages, including:
a. Preparation of permit and construction documents.
· From written notice to proceed to completion of permit and construction
documents we anticipate approximately 45 to 60 days.
b. Agency review and permitting.
· Agency review is controlled by the U.S. Army Corps of Engineers and our
consultants have indicated that this review typically takes about twelve
months. All other agencies should be completed before the COE is
complete.
c. Bidding and construction.
· Bidding and construction could take eight to ten months, or less.
Cumulatively speaking, the project is anticipated to be complete in late 2006, or early
2007.
///
-/- ~;;
-~/-;;
-/ ..../ --/
0= .atr'T 6 ClMItIE tlDNmER'!MP I'IC t& ~lI!r-
.n UlTHc:UT TtoE øm1EN ~
_._Œ..~ f
----~-~,-~ . .
'Œ~.__~ ~, "
-~._~ I - ,,¡ I' I
I · Ii¡ ,I I
I;
i
~
,
~
t
~
"
_.... ..~~,~ :~t~¡Rí
;li¡~iiH iijii¡
~~"i~ !~ .I~!Ò IS
i "i a", I ~ ~" "
lit ;& ~ ~ I
"cai~1 J ~
diLl ..
~Ip ...a ,
¡>
,._~ ~
~
ft
"
~ml~IIDí f1
I
IIIII I II
1..1iI iii iii ..
!!al ~ I i I
nl.! a .. I
I~¡i I
I R" i
a ~¡
- ~!
Iii í II ILUI2
I~ ¡ Illrl. ~
III~ I I ì Þ
IE~ I I alibi
a , ",.
a.. III
· · i
I ~; ~
, ~ ~ sinl
z
z
ìè:
çi
~~
~~, J~
ì~ ~ ~ iè:
! :¡i
~ ~~
~ ~ /) ~
'~~ '--;-;~m!l"1 ~
III i ~ ; ! ' llif ø
--8 - I tll J i
1ft I~
- I/O
Agenda Item No.~i\
AGENDA REQUEST
Date: Januarv 21.2005
Request to be placed on:
--X--Regular Agenda
_Special Agenda
_Workshop Agenda When: Februarv 1. 2005
Description of item (who, what, where, how much):
Commission approval/authorization for the Mayor to execute Service Authorization #14 in the amount of
$106,750.00 with Currie-Sowards-Aguila-Architects for design services associated with the Intracoastal Park
project, PIN 2001-007. Proposed Service Authorization #14 is for preparation of all permit and
construction documents based on the December 6th, 2004, City Commission approved site plan. Services
will also include any required soil tests and analysis, mitigation plan, bid review, and construction
observation.
Funding is from account 334-4174-572-63.90 (General Construction Fund/ Intracoastal Park) in the
amount of $106,750.00.
ORDINANC,E/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recommends award of Service Authorization #14 to Currie-Sowards-Aguila-
Architects. (l í) a
Department head signature: ¿!¿Þ,/L - t&. /. -U. 05
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Budget Director Review (r~' ed on all items involving expenditure of funds):
Funding available YE NO
Funding alternatives if applicable): see above
Account No. & Description 33;- 4~~~-Î::;¡ -63. 'fO {)tJ:¡~-hv?f%;/~-;{r"qcMNfJ>/t
Account Balance# 0/ i't'/, -Sç rf ~d -r---k4íJ M I
City Manager Review: /
Approved for agenda: @/NO ~
Hold Until:
Agenda Coordinator Review: '
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:\EngAdmin\Projects\2001\2001-007\CONSTRC1\SA 14 Currie Agd 02.01.05.doc
MEMORANDUM
TO: MAYOR AND CITI COMMISSIONERS
FROM: CTIY MANAGER ~
SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF FEBRUARY 1. 2005
SERVICE AUTHORIZATION #l.l/CURRIE SOWARDS AGUILA
ARCHITECTS/LAKE IDA PARK
DATE: JANUARY 28, 2005
This is before the Commission to approve Service Authorization No. 1.1 to Currie Sowards Aguila
Architects in the amount of $51,250.00 for consultant design services for the Lake Ida Park Project.
Funding is available from 380-4150-572-63.26 (2004 G.O. Bond/Lake Ida Park).
Recommend approval of Service Authorization No. 1.1 to Currie Sowards Aguila Architects in the
amount of $51,250.00 for the Lake Ida Park Project.
S:\Clty Clerk\agenda memos\ServiceAuth.#14 Cume Sowards.Lake Ida Park.02.01.05
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
www.mydelraybeach.com
TO: David Harde~er
~/
FROM: Victor Majten ., " onstruction Manager
SUBJECT: LAKE IDA PARK, PIN 2004-054
Agenda Item: Service Authorization 1.1 (Amendment # 1 to Service Authorization # 1)
Currie' Sowards' Aguila' Architects
DATE: JANUARY 25, 2005
Attached for City Commission approval is Service Authorization #1.1 to Currie·Sowards·Aguila·Architects
for consultant design services required for the new Lake Ida Park project, PIN 2004-054.
Service Authorization #1 was approved by City Commission on June 22"d, 2004. It consisted of preparing
required documents for Site Plan approval. Service Authorization #1.1 will add permit and construction
documents, bidding, and construction administration services to the scope of work.
Costs for professional design services under Service Authorization #1.1 will be completed for a lump-sum
fee of $49,750.00, with reimbursable expenses not to exceed $1,500.00. Service Authorization #1.1 is in
the net amount of $51,250.00.
Estimated construction cost for the project is $545,000.00.
Funding is available from 380-4150-572-63.26, 2004 G.O. Bond/Lake Ida Park.
cc: Richard Hasko; Director of ESD
Randal Krejcarek; City Engineer
Rafael Ballestero; Dep. Director of Construction, ESD
Carolanne Kucmerowski; City Clerks Office
Agenda File, 02/01/05
File 2004-054(A)
S :\EngAdmin\Projects\2004\2004-054\OFFICIAL\SA #P-O 1.1 Currie 02.01.05.doc
CURRIE . SOWARDS . AGUILA . ARCHITECTS
- -- . ---- -~
Robert O. Currie, AlA Jess M. Sowards, AlA José N. Aguila, AlA
CURRIE SOWARDS AGUILA ARCHITECTS
CONSULTING SERVICE AUTHORIZATION
2004 PARKS 80ND PROGRAM
DATE: January 20. 2005 SERVICE AUTHORIZATION # One point One (1.1) FOR CONSULTING
SERVICES. CliY P.O #: CliY PROJECT # 2004-054
CliY EXPENSE CODE:
TITLE: Lake Ida Park CSAA # 040605
Thi6 S~rvic~ Authorization. wh~n ~ecuted. 6hall b~ incorporated in and 6hall b~com~ an integral part of
th~ Agr~~m~nt dated April 2004. 216 am~nd~. betw~~n th~ City of D~lray B~ach and Curri~ Soward6
Aguila Architect6. Thi6 will 5upercede Service Authorization numb~r One (1). dated Jun~ 11. 2004.
I PROJECT DESCRIPTION
Ba6~ on the pr~liminary d~6ign dated 10/29/04. and modifj~d on 01/11/05 (6~~ attached
~hibit) th~ architect will pr~pare the nec~66ary docum~nt6 for 6ubmittal to th~ City for Site
Plan Review and Appearance Board (SPRAB). Following Board and Commi65ion approval. the
architect will prepar~ bidding. permit. and con6truction docum~nt6. The project con6i6t6 of
upgrad~6 for Lak~ Ida Park located betw~en NW 11th. and NW 12th. 6treet along Lak~ Driv~.
II SCOPE OF SERVICES
Initially. the architect will pr~pare nece56ary drawing6 and application6 for 6ubmittal to the City
for Site Plan Revi~w and Approval (SPRAB). and attendanc~ to m~eting6 with City 6taff and
r~6ident6. Following approval, p~rmit and con6truction docum~nt6 will be pr~par~ and th~
project will be admini6tered during construction. The following di6cipline5 are anticipated to be
included:
. Site Plan Approval phas~ will includ~ civil ~ngin~~ring. land6cape architect, and
architectural 6~rvic~6.
. Bidding. permit and con6truction docum~nt pha6~ will include civil engin~~ring. land6cape
architect. 6tructural engin~ering. MEP engineers. and architectural servic~6.
A66i5tanc~ during bidding. contractor r~comm~ndation. r~6pon6~ to p~rmit revi~w
comm~nt6. and limited con6truction admini6tration will b~ provided.
III 8UDGET
S~rvlce6 de6crib~ above will be completed for a lump-6um fee of For1;y Nine Thoueand Seven
Hundred and Fifty ($49.750.00) Dollare and No Cente. RelmÞureaþle expenses (printing)
are In addition to the aÞove and are anticipated not to exceed Fifteen Hundred ($1.500.00)
Dollare. Service5 associated with Site Plan Approval will continue to be invoic~ again6t th~
op~n Service Authorization number 1. dated June 11, 2004.
IV COMPLETION DATE
Site Plan Approval will be completed in an ~peditious manner and is estimated not to ~ce~
90 daY6 from the written Notice to Proceed from the City. Preparation of permit and
con6truction documents i6 anticipated to be completed within an additional 60 days from
Receipt of a C~rtifj~ Site Plan from th~ City.
rORM~RLY ROBERT G. CURRIE PARTN~RSHIP. INC.' AlA rLORIDA FIRM OF TH~ Y~AR 2000
134 Northeast r"lrst Avenue' Delray Beach. r"lorlda 33444 . 561·276·4951' r"ax: 561·243·8184 . AAOOO2271
w w w .cu rrle arc.com
II
f
Thie; Service Authorization Ie; approved contingent upon the City'e; acceptance of and e;atie;faction with
the completion of e;ervlcee; rendered in the previoue; phae;e or ae; encompae;e;ed by the previoue; Service
Authorization. If the City in ite; e;ole die;cretion ie; une;atie;fied with the service provided in the previous
phase or Service Authorization, the City may terminate the Contract without incurring any further
liability. The CONSULTANT may not commence work on any Service Authorization approved by the City
to be included a6 part of the Contract without a further notice to proceed.
Approved by:
CITY OF DELRA Y BEACH CURRIE SOWARDS AGUILA ARCHITECTS
Date: -J- lJ\.. "
Date: '},O. ?A5Dk
,
J~ Perlman, Mayor
Attest:
Notary Public
My Commission Expires:
SEAL
~,\\\\"IUIII"1
~\~ ~ Dill
~ ~~\~ en qlli I¡~...
§ ....... íS' ",.
~ ..~~\SS'ON ~.. ~
;:: .. c,O at'l 7 ;..0 .. ':;
~ ..~ ~~ 'c?a ~.. ~
:: .~ ~ ~~....
:: . . ::
=*: ... :*=.:
.. . . -
~ ~ ~. #DD176008 i ~.~
~ =-'.. ~ .. ~.::.
~~.. ~~ .. c.;..
~.. .. «." ,"
~ ..0(/0.......... c« .'
~IIII. lie ST"\'é. """
~",,,;tf""\,\\ .
·z,y/
.:.:;';.',y /
K;Ç~
}:";,Ç3
EXHI51T "5"
Lake Ida Park
1. The following general breakdown illustrates the costs associated with Service
Authorization number Fourteen (15.1):
a. Civil Engineering Services $12,265.00 (includes percolation tests and
permitting)
b. Architectural $22,285.00
c. Landscaping/Irrigation $ 7,700.00
d. Structural $ 3,750.00
e. MEP $ 3.750.00
Total fees $49.750.00 plus reimbursable expenses
2. The project schedule of completion involves two elements, including:
a. Site Plan Approval will Þe completed in an expeditiou5 manner and i5 e5timated not to
exceed 90 daY5 from the written Notice to Proceed from the City.
b. Preparation of permit and con5truction document5 i5 anticipated to be completed
within an additional 60 daY5 from Receipt of a Certified Site Plan from the City.
///
-~r/
-/-/-/
-/ -/-/
.~i~~ II II ii ...
... ~
i I:, ..-t
c1¡ .~ 5 0
ã~~~ Ii I. ~ I ,,'" 0 i j "Q. ! il i~
:! W a:: 2W
l~! 1- J~ I~ Ie:{
I.' J! J 1J ~
Ï'.
lh
I·~
!-
~1~
I' .J 15
!~~
,- --- - - - - - - -- - &;..-- - ---
....-.
I
I
I I - Z a!!
I
I I C) U
I _ w
I · CJ) i
, · ~ ~i
I I ·
I ~ ~
I I ~ ~I
I
I r - ~V
I
I I ~ . It
~ I ::ï a~
I <> I ~ w w-
I n: ~ il"I
L ..... I Q..5 3 !
I ~
I . ~ I :
U ~ I
~ I
I I
I "o.J
I I -
i ~
I
I
I
I
I
I I
I
I I
I
I I .
I .
I I ;
I
I I
I
I z
I
I
I
I ~
I ~
t a:::
I ~
I
I « -'
0...·
. - 0
; W :¡
. ~ ~
; :5 ~
....",
-- - -- -- --
I
\1I~" __ fLU....,.., """",,OW ~ llAIIA:O ,., 1.N1'Ii1f'Yl ....._ ~L \......u.. ...IftO""N ..~~ " ,..., ....I') It'] ....... 'IWOIW.JI JIf""-¡'J". ... .I~ W ....... 1'" ,.. t.l3JNÞOw ,\Inn. WIIWII'I' ØIWft") ~ ..t.II~ .... WI tI'IW\.~ .....
~----
Agenda Item No~
AGENDA REQUEST
Date: Januarv 25. 2005
Request to be placed on:
--X--Regular Agenda
_Special Agenda
_Workshop Agenda When: Februarv 1. 2005
Description of item (who, what, where, how much):
Commission approval/authorization for the Mayor to execute Service Authorization #1.1 to
Currie' Sowards' Aguila· Architects for consultant design services required for the new Lake Ida Park
project, PIN 2004-054. Tasks in this service authorization include preparation of permit, bidding, and
construction documents for the construction of a new passive park along the eastern shores of Lake Ida.
Service Authorization #1.1 is in the net amount of $51,250.00.
Funding is from account 380-4150-572-63.26, 2004 G.O. Bond/Lake Ida Park.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff ~ award of Service Authorization #1 to
currie.sowardS'Aguila-ArchitectS.,-- L ~ I . ZS--- 'Ú
Department head signature: -
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Budget Director Review (r~ on all items involving expenditure of funds):
Funding available: YES 0
Funding alternatives If applicable): see above
Account No. & Description 3flO-' ISO -ðl~ ~~3";¿6?~..J-c¥t ~rÃ..
Account Balance :¡.3 K' ,,¡':;;.],;¿- !tJ r- 1.::?.5 '!2.~. _ ___ . __'
City Manager Review: . r
Approved for agenda: @No ~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:\EngAdmin\Projects\2004\2004-054\OFFICIAL\SA P-01.1 Currie Agd 02.01.05.doc
------~-----
· ~
[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
... Writer's Direct Line: 561/243-7091
Al-AnBtcaClty
, ~ III! MEMORANDUM
1993 DATE: January 26, 2005
TO: City Commission
David Harden, City Manager
L- ---..r-----
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Amendment NO.1 to the Aareement with City Center Dev.
City Center Development, LLC is developing the Ocean City Lofts development
located just south of N.E. 2nd Street and along both sides of N.E. 4th Avenue. The
City, on December 22, 2003 entered into an agreement with the developer
regarding certain improvements that would be made to the City's infrastructure
located in the right-of-way of N.E. 4th Avenue. The agreement provided that the
City's cost would not exceed $120,000.00. During the construction process the
entire roadway section of N.E. 4th Avenue, for a distance of some 379 feet, was
removed in order to accommodate the relocation of electric and other utilities. The
restoration scope was well beyond what the parties had envisioned in the
replacement of the infrastructure.
Amendment No. 1 to the Agreement provides for an increase in payment to the
developer in the amount of $32,100.00. Please see the attached memo from
Richard Hasko regarding the cost breakdown.
Our office requests that this item be placed on the February 1, 2005 City
Commission agenda. Please call if you have any questions.
Attachment
cc: Chevelle Nubin, City Clerk
Richard Hasko, Environmental Services Director
~~
" -
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
www.mydelraybeach.com
TO: Brian Shutt, Asst. City Attorney
FROM: Richard C. Hasko, P .E., Environmental Services Directo
SUBJECT: AGREEMENT WITH CITY CENTER DEVELOPMENT. LLC
\.
DATE: January 18,2005---\
The City has an existing agreement in force with City Center Development. LLC, for reimbursement
of the construction cost of underground utilities within the right-of-way of N.E. 4th Avenue. The
work is being done in conjunction with the development of the Ocean City Loft residential
condominium project between N .E. 1 st St. and N .E. 2nd St. The agreement establishes an actual cost
reimbursement for identified infrastructure to be installed by the developer not to exceed $120,000.
During the course of construction, it was necessary to realign components of the inftastructure to
accommodate scheduling for relocation of electric and other utilities in conflict with original design
locations. As a result, the entire roadway area ofN.E. 4th Avenue in this block was obliterated by the
construction activities. This required the complete reconstruction of the roadway instead of the
anticipated trench repairs typically associated with similar underground utility installation. Inasmuch
as the roadway restoration scope is well beyond any surface restoration activities anticipated in the
establishment of the agreement reimbursement amount, we are recommending that the agreement be
amended to include the additional roadway reconstruction cost.
The reimbursable amount increase is based on reconstruction of the roadway subgrade, base and
asphalt surface components for a width of two traffic lanes (24 feet) over the length of roadway
affected by the underground infrastructure installation (379 feet). This is equivalent to 1,010.7 square
yards (SY) of material. We applied unit costs for this work as approved in our current contract for
continuing these improvements on N.E. 4th Avenue south to Atlantic Ave. and as listed below:
Item No.5 Grading & Compacting Subgrade $ 6.20/SY
Item No.6 12" Stabilized Sub grade $ 4.90/SY
Item No.9 8" Limerock Base $11.06/SY
Item No. 11 Type S III Asphalt $ 9.60/SY
Total cost per SY $ 31.76/SY
This results in a total cost increase of$32,100.
... ..
Funding for these supplementary expenses will come from the same accounts and in the same
proportions as were used for the initial agreement, and outlined below:
· Stonn Drainage 448-5461-538-65.81 (51 %) $16,371
· Sanitary Sewer 442-5178-536-63.51 (20%) $ 6,420
· Reclaimed Water 441-5181-536-65.96 (29%) $ 9,309
Proportional distribution of funding is predicated on the proportion of the entire scope of work
represented by each category of underground infrastructure.
Please prepare an amendment to the approved agreement with City Center Development, LLC, and
place it on the next available City Comission meeting for consideration.
Please contact me if you have any questions or comments in the subject regard.
Cc: David T. Harden, City Manager
Susan Ruby, City Attorney
Tom Laudani, City Center Development, LLC
Randal Krejcarek, P .E., City Engineer
· .
Prepared by: RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
AMENDMENT NO.1 TO THE AMENDED AND RESTATED SUBDIVISION
IMPROVEMENT AGREEMENT
THIS AMENDMENT NO. 1 to the Agreement dated December 22, 2003 is entered
into this day of , 2005, by and between the CITY OF DELRAY
BEACH, a Florida municipal corporation ("CITY") and CITY CENTER DEVELOPMENT,
LLC, a Delaware limited liability company ("OWNER").
WITNESSETH:
WHEREAS, the Agreement dated December 22,2003 regarding the reimbursement of
funds to OWNER by the CITY for the construction of certain infrastructure is amended to
include that the CITY shall reimburse OWNER for the reconstruction of a portion of N.E. 4th
Avenue in the amount of $32,100.00; and,
WHEREAS, the parties desire to amend the Agreement in this Amendment No.1.
NOW, THEREFORE, in consideration of the promises and covenants set forth
herein, and the good and valuable consideration as provided for herein, the parties agree as
follows:
1. Recitations. That the recitations set forth above are hereby incorporated as if
fully set forth herein.
2. Revision. OWNER shall reconstruct the roadway subgrade, base and asphalt
surface components for a width of 2 traffic lanes (24 feet) over the length of roadway affected
by the underground infrastructure installation (379 feet). The CITY shall pay $32,100.00 to
·
þ
OWNER towards this reconstruction. OWNER shall complete such reconstruction, as
determined by the CITY, in its sole discretion, prior to the CITY making payment to the
OWNER. Such reconstruction shall be completed within 90 days of the execution of this
Amendment No.1. CITY shall make payment to OWNER within 45 days of OWNER
receiving fmal approval from the CITY of such road reconstruction. If OWNER fails to
reconstruct the road in the manner determined by the CITY and/or fails to complete it in the
time period required under this Amendment then the CITY shall not be required to make any
payment to OWNER.
Exhibit "B" of the Agreement is hereby modified to include the road reconstruction
improvements shall be included on the list of Offsite Improvements.
3. Full Force and Effect. All other terms and conditions of the Agreement, not
expressly modified by this Amendment No.1, remain in full force and effect.
ATTEST: CITY OF DELRA Y BEACH, FLORIDA
By:
City Clerk Jeff Perlman, Mayor
Approved as to Form:
City Attorney
LOPMENT, LLC
By' h~
Name Printed: ~,..tIIIt/1 .)). ¿ ~...>~ ,,'
Title: /Y ~~-?t.-
, 4A-J rt vcJ £ /Ií'~J,~r
(print or type name)
2
.
-
STATE OF Rif\0Q
COUNTY OF 'R:L\mf'frí:h
The foregoing instrument was acknowledged before me this ~ day of
tJ'\\Æo.JU ,2005 by Jrv 'r«\~ þ. \-ú.! \.\YA'01 ' fY'Ú... '00. S e.. 'Í of
, \ Ceh -kr \I ..> ~ f(ì (").1,- , a L\!\'\\ \ui L;c..k:i,1'. \-~ corporation, on
behalf of the corporation, e. he . is perso~ to met r has produced
? >« [\t". \ \'-\ t.Yì()..l..Ý\ (as IdentlficatlOn). \./ ~.
Signature of Notary Public
. '" '" DESIREE DAVIS
:<~"~it:. Notal'" Public· State of Florida
~ . (: ~. ~My ComrnlSSlOn ExpieS.k.rt 1, 2CØ
\~~ . ;;~y CommISSIon /; 00325162
., . f:f.~ ~"" Bonded By National Notary ~
3
~
[ITY OF DELRAY BEA[H
CITY ATTORNEY'S OFFICE 20() NW ht AVENL'E . DELRAY BEACH. FLORIDA 33444
rELEPHOi\: E .')61 !243-70l)O . FACSI\iIILE 561/278-4755
DELRAY BEACH Writer's Direct Line: 561/243-7091
F lOR I D A
...
All-America City MEMORANDUM
, 'III! DATE: January 26, 2005
1993 TO: City Commission
2001 David Harden, City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: Joint Defense Agreement Regarding Town of Wellington and City of
Delrav Beach v. Palm Beach County - Annexation Case
Attached is a Joint Defense Agreement for your consideration that memorializes
your previous approval. The agreement limits the City of Delray Beach's expenses
to $10,000.00 unless the City Commission authorizes a greater amount.
Please place this agreement on the City Commission consent agenda for February
1,2005.
cc: Chevelle Nubin, City Clerk
Claudio Riedi, Esq.
Jeff Kurtz, Esq.
~\(
----
·
þ
AGREEMENT
Between
VILLAGE OF WELLINGTON
and
CITY OF DELRA Y BEACH
COORDINATED OPPOSITION TO PALM BEACH COUNTY'S
CHARTER AMENDMENT RELATING TO VOLUNTARY ANNEXATION
This is an Agreement made and entered into by and between the VILLAGE OF
WELLINGTON, a municipal corporation located in Palm Beach County, Florida, and
organized and existing under the laws of the State of Florida ("Wellington").
AND
CITY OF DELRA Y BEACH, a municipal corporation located in Palm Beach
County, Florida, and organized and existing under the laws of the State of Florida
("Delray"). All municipalities within Palm Beach County entering into agreements with
the Village of Wellington to oppose the Charter Amendment (as defined below) shall be
collectively referred to as the "Opposing Cities" and each shall be referred to as
"Opposing City."
WITNESSETH:
WHEREAS, the enactment by Palm Beach County of a Charter Amendment
regarding voluntary annexations (the "Charter Amendment") may have significant
adverse impacts on each Opposing City;
WHEREAS, it is of mutual benefit to the residents of the Opposing Cities to
coordinate their efforts to prevent the enactment of the Charter Amendment;
NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants, and
payment hereinafter set forth, the Opposing City agrees as follows:
1.1 The Village of Wellington is hereby designated the Opposing Cities' "Lead
Agency" and shall, after notice and consultation with the other Opposing Cities as set
forth below, make all strategic decisions regarding the opposition to the Charter
Amendment, shall serve as liaison to the Firm (as defined below) and shall keep the
Opposing Cities informed as to the status of the Opposing Cities' efforts to defeat the
Charter Amendment. To the extent reasonably practicable, the Village of Wellington will
1
·
communicate with the City Attorneys of each of the Opposing Cities regarding any
strategic operational decisions at least five days before the implementing the decision to
allow the City Managers time to provide input to the Village of Wellington. In addition, to
the extent reasonable practicable, the Firm will communicate to the City Attorneys of
each of the Opposing Cities drafts of all complaints, dispositive motions and other
important Court filings at least two days before filing such documents with the Court to
allow the City Attorneys time to provide inp.ut and comments to the Firm.
Notwithstanding the foregoing, the Opposing Cities shall have the right to approve, prior
to filing, the causes of action and the factual support thereof in the initial complaint and
any amendments thereof. In addition, the Village of Wellington will schedule regular
meetings of the City Managers of the Opposing Cities to provide a status report
regarding the effort to oppose the Charter Amendment and to discuss strategy.
1.2 The law firms of Lethinen, Vargas & Riedi, P.A. and Brinkley, McNerney, Morgan,
Solomon & Tatum, LLP (the "Firm") shall represent the Opposing Cities, pursuant to its
agreement with the Lead Agency, and shall hire all necessary consultants and lobbyists
(subject to approval by the Lead Agency) to accomplish the goals set forth above (the
II Representation ").
1.3 The Opposing Cities have agreed to share the costs of Representation with the
City of Delray Beach's contribution to be $10,000.00 towards the cost of litigation
unless a greater amount is authorized by Delray Beach's City Commission. Such
contribution shall be made within thirty (30) days of receipt of copies of invoices
evidencing $20,000.00 in costs, or within thirty (30) days of additional authorization and
receipt of documentation of expenses, as designated by Delray Beach City
Commission, in a funding resolution.
1.4 The costs of Representation include attorneys' fees, consultant fees, lobbyist
fees and out of pocket expenses, including costs incurred prior to the date hereof
(collectively, the "Expenses").
1.5 The Firm's invoices shall be submitted to, and paid by, the Lead Agency on a
monthly basis. The Lead Agency shall send each Opposing City copies of invoices
incurred to date upon request by the Opposing City.
1.6 This Agreement may be terminated by either party, upon a sixty (60) day written
notice given by the terminating party to the other party; however, in the event the
Opposing City terminates this Agreement, then the Opposing City shall remain
responsible for its pro rata portion of the Expenses incurred through the effective date of
the termination up to the limits set forth herein.
1.7 The Opposing City acknowledges and consents to the participation of local
municipalities in this coordinated opposition to Palm Beach County's Charter
Amendment and understands that the municipalities participating as Opposing Cities
may vary from time to time.
2
·
IN WITNESS HEREOF, the parties hereto have made and executed this
Agreement on respective dates under each signature: VILLAGE OF WELLINGTON,
signing by and through its Mayor (or other authorized individual), authorized to execute
same on this _ day of ,200_, and CITY OF DELRAY BEACH, signing
by and through its Mayor (or other authorized individual), duly authorized to execute
same.
ATTEST: VILLAGE OF WELLINGTON
By:
Mayor
day of , 200_.
Approved as to form by
Office of City Attorney
By:
3
'"
ATTEST: CITY OF DELRA Y BEACH
By:
Mayor
day of , 200_.
Approved as to form by
Office of City Attorney
By:
4
------ -- - -
MEMORANDUM
TO: MA YOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT: AGENDA ITEM # ~ '- REGULAR MEETING FEBRUARY 1, 2005
REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: JANUARY 28, 2005
Attached is the Report of Appealable Land Use Items for the period January 18, 2005 through January
28, 2005. It informs the Commission of the various land use actions taken by the designated boards that
may be appealed by the City Commission.
Recommend review of the appealable actions for the period stated. Receive and file the report as
appropriate.
S:\City Clerk\agenda memos\apagmem.02.01.05
~*--
I CITY COMMISSION DOCUMENTATION I
TO: DAVI)l2'ARDEN~A~AGER
ev<J- '2J.
THRU: PAUL DORLlNG, DIREC~ OF PLANNING AND ZONING
FROM: JASMIN ALLEN, PLANN !t2IJ,..¿.\ {iJ!Jtrv
SUBJECT:
MEETING OF FEBRUARY 1, 2005 *CONSENT AGENDA *
REPORT OF APPEALABLE LAND USE ITEMS JANUARY 18, 2005 THRU
JANUARY 28,2005
I ACTION REQUESTED OF THE COMMISSION t
The action requested of the City Commission is that of review of appealable actions which were
made by various Boards during the period of January 18, 2005 through January 28, 2005.
I BACKGROUND I
This is the method of informing the City Commission of the land use actions, taken by designated
Boards, which may be appealed by the City Commission. After this meeting, the appeal period
shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies.
In summary, it provides that the City Commission hears appeals of actions taken by an approving
Board. It also provides that the City Commission may file an appeal. To do so:
1. The item must be raised by a Commission member.
2. By motion, an action must be taken to place the item on the next meeting of the Commission
as an appealed item.
t PLANNING AND ZONING BOARD MEETING OF JANUARY 24, 2005 t
No appealable items were considered by the Board. The following items which were
considered by the Board will be forwarded to the City Commission for action.
· Recommended approval (5 to 0, Johnny Kincaide absent), of a City initiated amendment to
the Land Development Regulations Section 6.3.3 relating to sidewalk cafés.
· Recommended approval (4 to 0, Joseph Pike stepped down), of a conditional use request to
allow a building height in excess of 48 feet (57 feet 6 inches proposed) within the CBD
(Central Business District) for Cityscape a proposed mixed-use development including
34,000 sq. ft. of retail floor area and 75 residential condominiums, located on the west side
of NE 5th Avenue (southbound Federal Highway), between NE 3rd Street and NE 4th Street.
· Recommended approval (3 to 1, Diane Borchardt dissenting), of the conditional use request
to allow the density to exceed 30 units per acre (42.7 units per acre proposed) and a
building height in excess of 48 feet (57 feet 7 inches proposed) within the CBD (Central
Business District) for The Strand, a proposed mixed-use development including 134
residential condominiums and 28,820 sq. ft. of combined office, retail, and restaurant space,
located on the north and south sides of SE 1st Street, between SE 3rd Avenue and the FEC
Railroad.
City Commission Documentation
Appealable Items Meeting of February 1 , 2005
Page 2
· Recommended denial (motion to approve failed on a 2 to 2 vote, Joseph Pike stepped
down) of the conditional use request to allow the density to exceed 30 units per acre (38.8
units per acre proposed) and recommended approval on a 4 to 0 vote to allow a building
height in excess of 48 feet (58 feet 4 inches proposed) within the CBD (Central Business
District) for First Avenue Townhomes, a proposed residential development comprising of 46
town homes and condominiums, located on the east side of SE 1st Avenue, south of SE 1st
Street.
· Recommended approval (5 to 0), of a city initiated amendment to the Land Development
Regulations Section 4.4.5 RL (Low Density Residential) enacting performance standards to
mitigate the impacts of additional density from a base density of 3 units per acre to a
maximum of 6 units per acre, providing for recreational areas for multi-family developments
and changing review of site plans from the Planning and Zoning Board to the Site Plan
Review and Appearance Board or the Historic Preservation Board.
· Recommended approval (5 to 0), of a City initiated amendment to the Land Development
Regulations Section 4.4.6 RM (Medium Density Residential) modifying the development
standards in conjunction with the implementation of the Southwest Area Neighborhood
Redevelopment Plan.
· Recommended approval (5 to 0) of the grant application for proposed improvements for
Miller Park, located on the east side of SW 4th Avenue, south of Linton Boulevard.
I SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF JANUARY 26, 2005 t
A. Approved with conditions (6 to 0, Roger Cope absent), a Class II site plan modification and
landscape plan associated with as-built modifications at The Estuary/Estuary II, an existing
townhouse development located at the north end of Palm Trail and east of Royal Palm
Boulevard.
B. Approved with conditions (6 to 0) , a Class III site plan modification, landscape plan and
architectural elevation plan associated with the addition of 792 sq. ft. of outdoor use/bar
area for Bostons' on the Beach, located on the west side of Ocean Boulevard, south of
east Atlantic Avenue (40 South Ocean Boulevard).
C. Approved with conditions (6 to 0), a Class V site plan, landscape plan and architectural
elevation plan associated with the conversion of an existing nonconforming duplex to a
mixed-use structure for Franc Property, located on the west side of SE 5th Avenue
(southbound Federal Highway), south of SE ih Street (738 SE 5th Avenue). Concurrently,
the Board considered the following waivers and internal adjustment:
· Approved a reduction of the required stacking distance at the SE 5th Avenue entrance
from 20' to 10'.
· Approved a reduction of the dimensions of the southern half of the dead-end parking bay
maneuvering area from 24' x 6' to 24' x 3'.
· Approved a reduction of the required width of the landscape barrier between the off-
street parking area adjacent the alley and the adjoining properties to the north and south
from five feet (5') to two feet-six inches (2'-6").
City Commission Documentation
Appealable Items Meeting of February 1, 2005
Page 3
· Denied the request to eliminate the requirement to relocate existing aboveground utility
facilities serving the development underground.
D. Approved with conditions (6 to 0), a Class V site plan, landscape plan and architectural
elevation plan associated with the construction of a 20,385 sq. ft. two-story office building for
Congress Park Office Condominiums, located on the west side of Congress Avenue,
south of West Atlantic Avenue (210 Congress Park Drive). Concurrently, the Board
recommended that the City Commission approve the request for waiver to LDR Section
4.4.15(F) (3), not requiring the integration of the architecture of the proposed building with
that of other buildings within the office park.
I HISTORIC PRESERVATION BOARD MEETING OF JANUARY 19, 2005 ~
1. Approved with a condition (7 to 0), a request for a Certificate of Appropriateness associated
with the installation of storm protection panels for a non-contributing office building for 222
Palm Court, located on the southeast side of Palm Court, between NE 2nd Avenue and
George Bush Boulevard.
2. Approved with conditions (7 to 0), a Class V site plan, landscape plan, architectural
elevation plan, Certificate of Appropriateness and demotion request associated with the
construction of a mixed-use building containing 2,100 sq. ft. and 8 residential units for HV A
Corporation (12 SE 1st Avenue), located on the west side of SE 1st Avenue, south of East
Atlantic Avenue. Concurrently, the Board considered the following waivers and internal
adjustment:
· Approved a reduction of the minimum required stacking distance between the right-of-
way of the north alley and the first parking space within the parking lot from 20' to 5'.
· Approved a reduction of the dimensions of the required 24' x 6' dead-end parking bay
maneuvering area to 24' x 3'-5".
· Approved a reduction of the dimensions of the required sight visibility triangle from 20' to
10' at the northeast corner of the rear parking lot.
· Approved a reduction of the required width of the landscape barrier between the off-
street parking area and the adjacent alley to the west from 5' to between 2'-6" and 3'-5".
· Approved a reduction of the required width of the landscape barrier between the off-
street parking area and the abutting property to the south from 5' to 2'.
~ RECOMMENDED ACTION I
By motion, receive and file this report.
Attached: Location Map
-----
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting -
FEBRUARY 1, 2005
a
L-30 CANAL a::
lJJ ~
:::> ~
1 ~
~ :::>
0
I -q: <X)
..... --.J
~
t'5 ~
"" 0
lÚ I-
~
~
CI)
I a
I è'5 IDA
a:: LAKE
I
::t:1 ~
ü
SI ~ LAKE /ð..q
~I a::
-q: ROAD
<X)
I
r - - - ~
L.___ r--
L _ _ _ ---.f"" - - --, ::s: I
I ~
I- I I
1 I I
L_ L__ --_____J
I
I
S W 2ND ST
~ ATLANTIC
~.-J I
I í -, I ~
LJ I L _ _ J ~ ~ ~
--q: -q:
I ~ ~ ~
L ~
a s: ~ ~
I a:: CI) CI)
~
~I UJ
~I :5
0 ~
'-;1 <X)
LaWSON BOULEVARD SW 10TH ......
......
I ~
a ~
>-1 0 ~
~ -q:
Q:: ~ ........
~ UJ
_I :¡; ......
sJ 0 ~ ~
::r:
LINTON BOULEVARD CI)
I .... ....
r=" I
I
L_ I
I
I I
::t:1 I
.-;
::;)1
0
(1)1
-' I
~
t'5 I
""
lÚ
------------------------ - -
L-38 CANAL C-1S CANAL
~
SPRAB HEB
A. THE ESTUARY / ESTUARY /I 1.222 PALM COURT
B. BOSTON'S ON THE BEACH 2. HVA CORPORATION - - - - - CITY LIMITS - - - - -
C. FRANC PROPERTY (12 SE 1ST AVE.)
D. CONGRESS PARK OFFICE CONDOMINIUMS I ONE MILE I
GRAPHIC SCALE
CITY OF DELRA Y BEACH. FL
PLANNING & ZONING DEPARTMENT
NOVEMBER 2004
- - DIGITAL BASE MAP SYSTEM - -
MEMORANDUM
TO: MA YOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ~~ - REGULAR MEETING OF FEBRUARY 1, 2005
AWARD OF BIDS AND CONTRACTS
DATE: JANUARY 28, 2005
This is before the City Commission to approve the award of the following bids:
1. Purchase award in the amount of $135,120.00 to Selectron Technologies, Inc. and
Sungard HTE, Inc. for additional e-government modules to include interactive
Web Response for building permits and Utility Customer Service. Funding is
available from 441-5161-536-64.11 (Water/Sewer Fund/Computer Equipment and
334-6112-519-66.10 (General Construction Fund/Renewal & Replacement/
Miscellaneous Software).
2. Contract award to Chaz Equipment, Inc. in the amount of $45,000.00 via the City
of Boca Raton Contract for the replacement of a sewer manhole located in
Highpoint. Funding is available from 442-5178-536-63.51 (Water/Sewer Renewal
& Replacement Fund/Sewer Mains).
3. Lease award to Ikon Office Solutions in the total amount of $39,432.24 for a thirty-
six (36) month lease of six (6) digital copiers for various secure locations for the
Police Department. Funding is available from 001-2111-521-44.30 (General
Fund/Equipment), 001-2121-521-44.30 (General Fund/Equipment), 001-2117-
521-44.30 (General Fund/Equipment), and 001-2115-521-44.30 (General Fund/
Equipment).
Recommend approval of the above bids and purchases.
s: \ City Clerk \agenda memo \Bid Memo.02.0t.OS
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Guy Buzzelli 4
MIS Manager
THROUGH: Joe M. Safford ~
Director of Finance
SUBJECT: E-govemment Initiative - Interactive Voice Response Ilnteradive Web Response
for Building Pennits and Customer Service
DATE: January 18, 2005
ACTION
We are requesting City Commission approval to purchase the following from Selectron
Technologies, Inc. and SunGard HTE Inc.
0 VoicePennits Interactive Voice Response (IVR) additional features
0 WebPennits Interadive Web Response (IWR)
0 VoiceUtility Interactive Voice Response (lVR)
0 WebUtility Interactive Web Response (IWR)
The software, hardware, and installation are outlined in the attached proposals
Funding for this purchase is as follows:
I Account Code I Amount I
334-6112-619-66.10 $ 28,500
441-6161-636-64.11 $ 106,620
Total $ 135,120
INFORMATION
Currently the City operates the VoicePennits Interactive Voice Response (IVR) system that was
purchased from Seledron Technologies, which allows Building Pennit customers to schedule
inspections and Building Inspedors to record inspedion results via the telephone.
It is our desire to build upon this system to provide additional convenience to our customers and a
reduction in staff workload. Discussions with the Community Improvement Department and Utility
Billing Customer Service Division concerning e-govemment initiatives have revealed customer
and staff needs that will be addressed in our planned solution.
'ß""- ,'1-
Interactive Voice and Web Response for Building Permits
Selectron Technologies, Inc.
WebPermits Interactive Web Response Base System 17,500
Services included
Solution Design and Development, On-Site Installation
and Training, One-year warranty on hardware and
Basic Modules Oncludina)
Schedule an Inspection Cancel an Inspection
Obtain Inspection Results
Optional Modules
Inspection Results & Historv
E-mail add-on (requires SmartE-mail module) 1,500
Permit Verification 4,000
Plan Review Status
E-mail add-on (requires SmartE-mail module) 1,500
WebPermits add-on 2,500
Utilitv Notification
Fax 2,500
Support Modules
SmartE-mail (required for e-mail functionality) 1,500
Discount (2,500)
Total-Interactive Voice and Web Response for Building Permits (334-61.12-519-66.10) 28,500
-------- ---------
Interactive Voice and Web Response for Utilities
Selectron Technoloaies. Inc.
VoiceUtilitv Interactive Voice Response Base Svstem 34,900
4-Port Voice Board and software licenses
Services included
Solution Design and Development, On-Site Installation
and Training, One-year warranty on hardware and
Basic Modules Cincludina)
Current Balance Owed Next Billing Date
Last Billing Amount Last Billing Date
Last Payment Amount Last Payment Date
Standard Reporting Module Transaction Logging
WebUtilitv Interactive Web Resconse Base System 17,500
Basic Modules lincludina)
Account Status
Billing History
Payment History
Octional Modules
Outbound Notifications
Delinquency Notification 8,500
Succort Modules
Outbound Dialina Services
Template Creator 10,000
Payment Processina
Module Initial Setup 9,500
Credit Card Processing Module for Voice Utility 5,500
Credit Card Processing Module for Web Utility 5,500
Spanish Language 3,000
Discount (5,000)
Total - Selectron 89,400
HTE Inc.
CIS IVR Interface for Selectron. Inc. - Base System
License Fees 5,550
Project Management 1,200
Annual Support 1,110
CIS IVR Delinauency Callout Listina Interface - Oction
License Fees 2,900
Project Management 1,200
Annual Support 580
CIS IVR Credit Card Interface - Oction
License Fees 2,900
Project Management 1 ,200
Annual Support 580
Total- HTE 17,220
Total-Interactive Voice and Web Response for Utilities (441-51.61-536-64.11) 106,620
Proiect Total 135,120
SUNGARDe Sungard HTE Inc - Formal Price Quote
for
HTE INC. City of Delray Beach, FL (DELR)
Interactive Voice Response Interlace - For Selectron, Inc.
Customer Information System/Utility Billing
January 26, 2004
Base System - Required
1~::;:,':r:~;':.:::~.I:.~I·~f:··:·~~~~~~~l~~~~~ ,,, ." ". License Projec~ .' . Annual
'k....:.~ ¡ ....... .r'.. . '.. . .d>escrlphon .' .. . Fees: '. :: 1\1ánagement Support .
Customer Information System IVR Interface for Selectron, Inc. $ 5,550.00 $ 1,200.00 $ 1,110.00
Totals $ 5,550.00 $ 1,200.00 $ 1,110.00
~ ::::-Apöu4l1 ':'?;f.
~ :;;'Sùpp'ori ".:'
$ 580.00
$ 580,00
Optional Item 2 (See Selectron, Inc. for details)
'..rI:!'-J~~~'" a" r·~··v,¡:"~~¡Y'·""''''''F~· ..... ." ~I "'L" .... šë'" . ." '.. ':f:~": ....~¡'t"'i.. 7., J . A'" 1.....1..
Ik;' .1.. '-'¡';;;: I ...·d . ~~o U ~:~ .",I..........·..I·f·.;+;.:f:".:·;·.; ;··...·~:·;ú~· ...:.;.... Icen !.;.:~..:;:. ;.s\.:J. :r,OJec fitii '," nnua ",,-1..'
. . J1r-! .~. ,:'1.: ,?:;:~~t.tl:~~' :.~:! : :..~~~ñ~.'!-d.~;r;l·'r\· '. ;~.: ;. ,~ ': .~. :~~.~.., . :..:. .:.... : /,. .': F'" t:""· ~:' .:: ..; 'M' :/:~~.:. · ~;··\··~I"'i·..' S' .' :' ;-. .
. ,.,' . ..~ . .,¿-r .~\Ioo"4f '. ..>.; t...·· ". ~scrlp ,on " '.. ..... '. \'. ,.... "" ........ '1 . ~... ees """,!,, ,... ~D4tgcm~11 ." '. .'. upport ..~. .
$ 2,900.00 $ 1,200.00 $ 580.00
Totals $ 2,900.00 $ 1,200.00 $ 580.00
EXPIRATION
February 28,2005.
NOTES:
1) HTE Price Book 10/17/2003.
2) 19,000 CIS accounts.
3) Prepared for: Guy Buzzelli, IS Director (561) 243-7149 and Paul Fleetwood, IS, (561) 243-7146. buzzelli@mydelraybeach.com
fleetwood@mydelraybeach.com, 100 NW First Avenue, Delray Beach, FL 33444.
Tom Mele-(800) 727-8088
HTE Account Executive 1 delray Beach FL HTE Pricing IVR ex 1-26-04.xls
--
. Price Quote 8058
VoicePermitslM Add-on Modules
Inspection Results & History (Add-on E-mail Option) 1.500
Permit Verification 4.000
Plan Review Status (Add-on E-mail Option) 1.500
SmartE-mail (Required when e-mail functionality is purchased) 1.500
Utility Notification (Fax) 2.500
Solution Design and Development Included
On-Site Installation and Training Included
One-year warranty on Selectron Technologies-provided hardware and software Included
Upon Completion of On-Site Installation
Full System Documentation Included
Cost For VoicePermits Add-ons $11,000
WebPermits $17,500
Workstation (Minimum Specifications Summary):
Intel® XeonTM Processor 2.80GHz/533MHz MicrosoftTM Windows® 2003 Server
768 MB RAM Remote Access Software
Two (2) 40 GB hard drive (RAID I mirroring) CD ROM, 56K Modem, Network Card
Basic Modules (including):
Permit Status Obtain Inspection Results and History
Schedule an Inspection Review Active Inspections
Cancel an Inspection
WebPermits Additional Functionality
WebPermits Plan Review (Assumes Plan Review module purchased with VoicePermits) 2,500
Solution Design and Development Included
On-Site Installation and Training Included
One-year warranty on Selectron Technologies-provided hardware and software Included
Upon Completion of On-Site Installation
Full System Documentation Included
Cost For WebPermits $20.000
December 29, 2004 City of Delray Beach, FL Page 1 of 9
.
. Price Quote 8058
Subtotal $31,000
Shared Workstation Credit Assumes WebPermits installed on WebUtility Workstation (2,500)
Total Solution Cost $28,500
Required Items Not Included In Selectron Technologies Offering
Phone lines and network service required to support the installation
Required Host Interface (Please contact SunGard HTE for pricing for 'BV-BP Voice Response Selectron
Interface')
SQL DB2 Tool Kit (should be obtained through SunGard HTE with purchase of Host Interface)
Host Interface components must be installed and functioning prior to on-site installation
December 29. 2004 City of Delray Beach. FL Page 2 of 9
· Price Quote 8058
PAYMENT INFORMATION
SCHEDULE
25% Invoiced at time of execution of contracts
50% Invoiced at completion of on-site installation
20% Invoiced 30 days after on-site installation
5% Invoiced upon final acceptance
Initial Payment
Invoiced at completion of contract negotiations and upon receipt of purchase order. Enables
Selectron Technologies to purchase necessary hardware, fund travel expenses, and invest the
technical support hours to design and develop the application for your jurisdiction.
Second Payment
Invoiced at the completion of the on-site installation and training phase of the implementation, or
when the system is available for customer testing at customer site. The Warranty also begins on
this date.
Third Payment
Invoiced 30 days after the completion of the on-site installation. The customer is given thirty days
to test functionality as defined by the contract and the agreed upon call flows. It is the customer's
responsibility to ensure full testing is completed during this period.
Final Payment
Invoiced after Client has completed the Final Testing and Acceptance of the system. Selectron
Technologies will have resolved all issues found during testing. If Final Acceptance is delayed
beyond thirty days, not due to any fault of Selectron Technologies, the payment will become
immediately due.
TAXES
Sales Tax or any other applicable taxes are not included in any of this proposal1s pricing information. If
taxes become applicable, these taxes will then need to be added to the proposed pricing.
PAYMENT TERMS
Terms are net 30 from date of invoice. Past due invoices are subject to a 1.5% per month late fee.
VENDOR INfORMATION
SelectronTechnologies, Inc.
7405 SW Tech Center Drive, Suite 140
Portland, OR 97223
Ph: 503.443.1400 Fax: 503.443.2052
December 29, 2004 City of Delray Beach, FL Page 3 of 9
·
. Price Quote 8058
ADDITIONAL INFORMATION
ADDITIONAL VOICE PORTS HAROW ARE
4-Port Voice Board and software licenses ........................................................................................$ 6,000.
8-Port Voice Board and software licenses .................... ........... ............ .............................................$12,000.
12-Port Voice Board and software licenses .. .............. ................... ........ ........................................... $18,000.
Price includes 12-month parts and labor warranty.
TIME-AND-MATERIALS BILLING RATES
Selectron will provide custom programming and non-warranty maintenance customer support on a
time-and-materials basis.
Requested design, programming, testing, documentation, implementation work, and customer support
will be performed, at a rate of our then current standard published billing rates. Selectron will issue a
quote and scope of work to the customer. A purchase order must be issued before work can be
scheduled or begin.
ADDITIONAL TRAINING AND ON-SITE SUPPORT
All travel and associated expenses for the on-site installation work during the initial setup are included
in the Base System price.
If the customer requests additional on-site work, travel and out-of-pocket expenses will be billed at
$1,500 per day {minimum of 2 days} with at least 15-day notice. If 8-14 days advance notice is provided
the rate increases to $2,000.00 per day; if the notice is less than 7 days the rate increases to $2,500.00
per day.
If changes are made to a travel schedule after plans are confirmed, the Customer is responsible for any
change fees or price changes incurred for airfare, hotel or car rental.
ON-GOING SUPPORT
The Customer has the option of extending the Support and Maintenance program upon expiration of the
warranty. Annual Support and Maintenance fees are due at the conclusion of the 12-month warranty
period. Based upon the configuration within this quote, please budget an additional $2,850 for Premier
Support. Once a final configuration is determined, Selectron will provide a quote for these services.
December 29, 2004 City of Delray Beach, Fl Page 4 of 9
-------
. Price Quote 8058
ADDITIONAL FUNCTIONALITY
AUTOMATIC RESULTS NOTIFICATION
This module allows the VoicePermitssystem to make outbound calls to contractors as soon as the
inspection results have been posted to the permitting database. The contractor hears the permit
number and inspection type, and whether the inspection passed or failed, and any messages left by the
inspector through the IVR system. If the Inspection Failure Codes module is in use, the reason for a
failure will be provided. A Fax option of this module is available and would allow the contractor to
have a fax of the inspection results automatically sent (SmartFax required).
Autom atic Results Notification ....... .............. ........ .......... .......... ....... ......... .......................... $8,500.
CERTIFICATE OF OCCUPANCY (ON-DEMAND AND/OR AUTOMATIC)
(SmartFAX required) Enables jurisdiction to have Certificate of Occupancy documents automatically
faxed. The IVR system creates the document as defined by the jurisdiction and faxes it to the fax
destination number contained in the host database. This can be done per call or as a batch fax at a time
determined by the jurisdiction.
Certificate of Occupancy .................. ................ ......... ....... ..... ...... ...... ........... ...... ................ $5,000.
COMPLAINT/CODE ENFORCEMENT
Callers wishing to check the status of a complaint or code violation can automatically retrieve this
information by calling into the Interactive Voice Response system. Upon caller request, the status code
of the complaint is translated into a descriptive voice recording and played to the caller. The caller
learns the status without interrupting departmental staff. This feature requires that permit software
support complaints.
Compl a inUCode Enforcement..... .......... ...... ....... .... ............. .... ..... ............. .............. .... ......... $4,000.
December 29. 2004 City of Delray Beach, FL Page 5 of 9
. Price Quote 8058
DYNAMIC INFORMATION SYSTEM
(SmartFAX required). This module enables callers to request spoken informational messages and faxed
copies of documents stored in a designated database ("library"). Callers can access the voice
information boxes to retrieve recorded messages on procedures and policy, where to seek help,
governmental meetings, minutes, schedule of events, etc. All items are in voice form and may be easily
updated. The faxing portion of this module is perfect for distributing many kinds of documents: blank
forms, job descriptions, annual reports, schedules, marketing materials, technical literature, etc. A
numeric code is used to designate each document. Each library will include a Document Catalog that
explains how to use the system and lists all available documents. Callers will be prompted to request
the Catalog or, if they're already familiar with the system, to enter the code that corresponds to the
document they require. Then, the system will prompt the caller to enter the destination fax number,
where they will receive the fax.
Up to 100 Messages and fax documents combined .............................................................. $2,000.
Up to 200 Messages and fax documents combined .............................................................. $3,500.
Unlimited number of Messages and fax documents ............................................................. $5,500.
Multi -De partmenta I Use........ ................... .................. ........... ...... ..................... .............. ..... $7,500.
ESCROW ACCOUNT STATUS
Callers wishing to check the status of their Escrow Account can call the IVR system to obtain the
Account information.
Escrow Account Status .................. .......................... .................. ..... ................ .................... $3,500.
INSPECTION RESULTS AND HISTORY (FAX/E-MAIL)
(SmartFAX/SmartE-mail required). Callers requesting results have the option to request the last
inspection result and/or a complete history to be faxed or e-mailed to a requested destination.
Inspection Results Ir History (lax) ....... ................ ................ ....... ....... ............ ................. .... $3,000.
Inspection Results Ir History (lax Ir e-mail) ........................................................................ $4,500.
INSPECTION FAILURE CODES
Allows inspectors to leave detailed inspection failure information when posting results to the database
through the IVR system. When a contractor calls into the IVR system for results of an inspection, the
IVR system will retrieve the codes input by the inspector and play the corresponding failure message.
Inspection Fa ilure Codes .............. ...... ........... ...................... ...... ......................................... $3,000.
December 29,2004 City of Delray Beach. FL Page 6 of 9
. Price Quote 8058
PAYMENT PROCESSING
This module includes the ability to set up this functionality with your merchant account. The setup cost
will only need to be purchased once, regardless of the number of applications utilizing credit card
payments (i.e. Utility Bill Payments, Parking Citations, Building & Planning, Tax, etc.. .). Selectron will
provide software on the IVR system to capture credit card information, initiate the contact with the
merchant account for immediate authorization and report the authorization and payment information
into the host database. This module does not include any set up or processing fees from your
merchant.
Module Inllial Setup (required once per system) ................................................................. $9,500.
· Initial Application Setup
· Interface to City merchant Account
Cred it Card Processing Module... ..... ........ ......... ..... .......... ................. ......... ......................... $5,500.
E -Che c k Process ing Mad ule ...... ...................... ................ ............ ...... ........ ..... ..... ............... $5,500.
PERMIT VERIFICATION
Inspectors and other authorized staff can check the active permit status of a building or construction
site via the telephone and the IVR system. This is used to assist inspectors in locating construction
activity that has not obtained the necessary permits.
Perm it Verilication ... ......................... ..... ....... ................. .......................... ............ .............. $4,000.
PLAN REVIEW STATUS
(SmartFAX/SmartE-mail required). Allows caller to enter their permit number and fax number and have
three categories of information delivered via fax:
· Site Info (Permit Number, Site Address, Record, etc.).
· Departments and Review Status (ex. Plan Review-Pending, Utilities-Approved, etc.).
Plan Review Status (spoken Ir fax) .................................................................................... $6,000.
Plan Review Status: (spoken, fax Ir e-mail) ........................................................................ $7,500.
SMARTE-MAIL
This is the software required to enable an e-mail application to function on the IVR system. It is
required only once regardless of how many of the e-mail applications are utilized. This module assumes
the use of the jurisdiction's existing e-mail server. The e-mail system installed at the jurisdiction must
be accessible through a SMTP compatible interface.
Sm art E -ma i I .... ....... ............... ........................... ..................... ........ ............ ................... ..... $1 ,500.
December 29, 2004 City of Delray Beach, FL Page 7 of 9
·
. Price Quote 8058
SMARTFAX
This is the hardware and software required to enable a fax application to function on the IVR system. It
is required only once regardless of how many of the Selectron fax applications are utilized.
Sma rlF AX ........................................................................................................................... $3,500.
SPANISH LANGUAGE
A Spanish version can be added to the Standard English version on your IVR system. This module
includes the necessary call flows, dictionary menus, and programming, needed to support the
additional language.
Span ish Language .................... ........ ................... ....... ... ........... ........ .... ................... ........ ... $3,000.
SPEECH RECOGNITION
This is the licensing and software required to support Speech Recognition in the system. As the
jurisdiction incorporates this technology into the Call Flow there may be additional costs. Pricing is
calculated for each port installed.
AlphaNumeric String, Continuous Digits, Item List, VoiceMenu, Yes/No, Date, Credit Card Number,
Credit Card Expiration Date, Currency, Item List, Natural Numbers, Social Security Number, Spelling,
Time of Day, US Telephone Number, US Zip Code
In ili a I Sel-uP (req uired) . ................ ..... ................... ...... ......... ..... .................................. ...... $7,500.
Per Port Price (per language) ............................................................................................. $1,500.
STAFF DIRECTORY
Enables jurisdictions that have an existing voice mail system to use the IVR system to direct callers to
the staff voice mailboxes. This is a menu option that request that the caller either input an extension
number if known, or spell out a portion of the desired staff's name. The system can enable the caller to
be transferred to the staff's telephone extension or voice mailbox.
Slaff D I reclory .................................................................................................................... $2,000.
TEXT - TO-SPEECH
With this module, the IVR system can convert text into audible speech and generate the audio file for
system responses and prompts. Responses like street names are generated dynamically, as they are
read directly from the host database, while menu prompts are defined and stored during the call flow
design
Inllla I Sel-uP (required) ... ....... ............ .............. ...... ........ .......... ................. ........................ $2,500.
Per Pori Pric e (per I an guage) .. ....................... ............................................ ...................... ..... $750.
December 29, 2004 City of Delray Beach, FL Page 8 of 9
. Price Quote 8058
UTiliTY NOTIFICATION (FAilE-MAil)
(SmartFAX or SmartE-mail required). With this module, the IVR can automatically fax a Request for
Activation document to the utility when final inspection is completed for gas or electric service. These
fax documents can either be sent as the inspection information is posted by the inspector or batch-
faxed at the end of the workday.
Uti 1 it, Notification (fax) ........... ........ ................... ......... ............ ........ .... ..... ..... ..... ............... $2,500.
Utlllt, Notification (fax & e-ma i I) ..... .......... .............................. ....... ..... .................. ............ $4.000.
ZONING STATUS (FAilE-MAil)
(SmartFAX/SmartE-mail required). Allows callers to receive zoning information for a specific piece of
property over the phone 24 hours a day, 7 days a week. This module also provides the caller the ability
to receive a spoken or faxed version of the regulations for a specific zone classification.
Zon Ing Status (fax) .............. ....... .......... ....... ........ ......... ........ .... ..................... ...... ............... $3,500.
Zon in g Status (fax and e-ma il) ..... .............. ..................................... ............... .................... $5,000.
December 29, 2004 City of Delray Beach, FL Page 9 of 9
· Price Ouote R802B
VoiceUtilityTM Interactive Voice Response Base System $34.900
Included Functionality:
Current Balance Owed Last Billing Amount
Last Billing Date Last Payment Amount
Last Payment Date Next Billing Date
Standard Reporting Module Transaction Logg ing
Included Fax Functionality:
Payment History SmartFAX (1-port Faxing Hardware/Software]
Account Status Deta iI
Server (Minimum Specifications Summary):
Intel® XeonlM Processor 2.40GHz/533MHz MicrosoftlM Windows® 2000 Server
768 MB RAM Microsoft SOL Server
Two (2) 40 GB hard drive (RAID I mirroring) Remote Access Software
CD ROM, 56K Modem, Network Card 4-Port Voice Card
Additional Functionality
Payment Processing
Initial Setup (required once per system) 9,500
Credit Card Processing Module 5,500
Outbound Dialing
Delinquency Notification 8,500
Template Creator 10,000
Spanish language 3,000
Solution Design and Development Included
On-Site Installation and Training Included
One-year warranty on Selectron Technologies-provided hardware and software Included
Upon Completion of On-Site Installation
Full System Documentation Included
Cost For VoiceUtility $71 ,400
December 29, 2004 City of Delray Beach, FL Page 1 of 7
-
·,
. . "
. Price Quote R802B
WebUtility $17,500
Workstation (Summary):
Intel® XeonTM Processor 2.80GHz/533MHz MicrosoftTM Windows® 2003 Server
768 MB RAM CD ROM, 56K Modem, Network Card
Two (2) 40 GB hard drive (RAID I mirroring) Remote Access Software
Basic Modules (including):
Account Status Billing History
Payment History
Web Utility Payment Processing (assumes initial setup purchased with VoiceUtility)
Credit Card Processing Module 5,500
Solution Design and Development Included
On-Site Installation and Training Included
One-year warranty on Selectron Technologies-provided hardware and software Included
Upon Completion of On-Site Installation
Full System Documentation Included
Cost For WebUtility $23,000
Subtotal $94,400
Shared Workstation Credit Assumes VoiceUtility installed on Voice Permits Server (5,000)
Total Solution Cost $89,400
Required Ilems Nollncluded in Seleclron Technologies Offering
Phone lines and network service required to support the installation
Required Host Interface (Please contact SunGard HTE for pricing for 'VC-CIS Voice Response Selectron
Interface')
Required Host Interface (Please contact SunGard HTE for pricing for 'VC-CIS/Delinquency Callout Listing')
Required Host Interface (Please contact SunGard HTE for pricing for 'CXjIVR-CIS IVR Credit Card Interface')
SQL DB2 Tool Kit (should be obtained through SunGard HTE with purchase of Host Interface)
Host Interface components must be installed and functioning prior to on-site installation
December 29. 2004 City of Delray Beach, FL Page 2 of 7
· Price Quote R8028
PAYMENT SCHEDULE
SCHEDULE
250/0 Invoiced at time of execution of contracts
500/0 Invoiced at completion of on-site installation
20% Invoiced 30 days after on-site installation
5% Invoiced upon final acceptance
Initial Payment
Invoiced at completion of contract negotiations and upon receipt of purchase order. Enables
Selectron Technologies to purchase necessary hardware, fund travel expenses, and invest the
technical support hours to design and develop the application for your jurisdiction.
Second Payment
Invoiced at the completion of the on-site installation and training phase of the implementation, or
when the system is available for customer testing at customer site. The warranty period also
begins on this date.
Third Payment
Invoiced 30 days after the completion of the on-site installation. The customer is given thirty days
to test functionality as defined by the contract and the agreed upon call flows. It is the customer's
responsibility to ensure full testing is completed during this period.
Final Payment
Invoiced after Client has completed the Final Testing and Acceptance of the system. Selectron
Technologies will have resolved all issues found during testing. If Final Acceptance is delayed
beyond thirty days, not due to any fault of Selectron Technologies, the payment will become
immediately due.
TAXES
Sales Tax or any other applicable taxes are not included in any of this proposal IS pricing information. If
taxes become applicable, these taxes will then need to be added to the proposed pricing.
PAYMENT TERMS
Terms are net 30 from date of invoice. Past due invoices are subject to a 1.5% per month late fee.
VENDOR INFORMATION
SelectronTechnologies, Inc.
7405 SW Tech Center Drive, Suite 140
Portland, OR 97223
Ph: 503.443.1400 Fax: 503.443.2052
December 29. 2004 City of Delray Beach. FL Page 3 of 7
. ,
.
. Price Quote R8028
ADDITIONAL INFORMATION
ADDITIONAL VOICE PORTS HARDWARE
4-Port Voice Board and software licenses.................................................. ........ ....... ........................$ 6,000.
8-Port Voice Board and software licenses ............................... ... ......... ....... .............................. ........$12,000.
12-Port Voice Board and software licenses ......................................................................................$18,000.
Price includes 12-month parts and labor warranty.
TIME-AND-MATERIAlS BilLING RATES
Selectron Technologies will provide custom programming and non-warranty maintenance support on a
time-and-materials basis.
Requested design, programming, testing, documentation, implementation work, and customer support
will be performed, at a rate of our then currant standard published billing rates. Selectron
Technologies will issue a quote and scope of work to the Customer. A purchase order must be issued
before work can be scheduled or begin.
ADDITIONAL TRAINING AND ON-SITE SUPPORT
All travel and associated expenses for the on-site installation work during the initial setup are included
in the Base System price.
If the Customer requests additional on-site work, travel and out-ot-pocket expenses will be billed at
$1,500 per day (minimum of 2 days) with at least 15-day notice. If 8-14 days advance notice is provided
the rate increases to $2,000.00 per day; if the notice is less than 7 days the rate increases to $2,500.00
per day.
If changes are made to a travel schedule after plans are confirmed, the Customer is responsible for any
change fees or price changes incurred for airfare, hotel or car rental.
ON-GOING SUPPORT
The Customer has the option of extending the Support and Maintenance program upon expiration of the
warranty. Annual Support and Maintenance fees are due at the conclusion of the 12-month warranty
period. Based upon the configuration within this quote, please budget $8,940 tor Premier Support.
Once a tinal configuration is determined, Selectron will provide a quote for these services.
December 29, 2004 City of Delray Beach, FL Page 4 of 7
· Price Quote R8028
ADDITIONAL FUNCTIONALITY
DYNAMIC INFORMATION SYSTEM
This module enables callers to request informational messages and faxed copies of documents stored
in a designated database ("library"). Callers can access the voice information boxes to retrieve
recorded messages on procedures and policy, where to seek help, governmental meetings, minutes,
schedule of events, etc. All items are in voice form and may be easily updated. The faxing portion of
this module is perfect for distributing many kinds of documents: blank forms, job descriptions, annual
reports, schedules, marketing materials, technical literature, etc. A numeric code is used to designate
each document. Each library will include a Document Catalog that explains how to use the system and
lists all available documents. Callers will be prompted to request the Catalog or, if they're already
familiar with the system, to enter the code that corresponds to the document they require. Then, the
system will prompt the caller to enter the destination fax number, where they will receive the fax.
Up to 100 Messages and fax documents combined .............................................................. $2,000.
Up to 200 Messages and fax documents combined .............................................................. $3,500.
Unlimited number of Messages and fax documents ............................................................. $5,500.
Multi-De partment Use ..... ......... ........ ....... .... .... ..... .............................. .......... .......... ............. $7,500.
OUTBOUND DIALING SERVICES
The IVR system can initiate an outbound call with a pre-recorded message for termination/disconnect
confirmation, outage notification, or call back or other defined applications. A variety of standard
reports are included with the module. Reports include information on the time, and account number,
related to each outbound call, and whether each call was successful.
Delinquency Notification: This predefined script will interface with the host database dynamically.
Customers with overdue accounts will receive notification via the telephone of their overdue status. If
the Payment Processing module has been bought, the customer will have the option to make a payment
by pressing a button and being redirected to the payment script.
Outage Customer Notification: This predefined script will interface with the host database
dynamically. When a utility district has a planned outage, the IVR system will call customers in the
defined outage area playa message notifying them of the outage.
December 29,2004 City of Delray Beach, FL Page 5 of 7
. . . . . .
þ
. Price Quote R8028
Template Creator: The Template Creator will allow the client to create custom calling campaigns,
such as surveys that will allow the customer to respond with yes/no or number inputs, and other
general notifications that do not require interfacing with the host database. Includes 16 hours of
Professional Services.
De Iln q uen cy Notlfi c atl 0 n ............ .............................. ............................................ .............. $8,500.
Outa ge Notification ............... ..... ................ .......... ...... ... .............. ............ ........... ......... ...... $8,500.
Tempi ate Cre ator ..... ............... ............ ......... ......... .................. ......... ...... .............. ............. $10,000.
PAYMENT PROCESSING
This module includes the ability to set up this functionality with your merchant account. The setup cost
will only need to be purchased once, regardless of the number of applications utilizing credit card
payments (i.e. Utility Bill Payments, Parking Citations, Building & Planning, Tax, etc...). Selectron will
provide software on the IVR system to capture credit card information, initiate the contact with the
merchant account for immediate authorization and report the authorization and payment information
into the host database. This module does not include any set up or processing fees from your
merchant.
Initial Setup (required once per system) ............................................................................. $9,500.
. Initial Application Setup
. Interface to City merchant Account
Cred it Card Processing Module... ..... ................. ............ ............ ........ .......... ..... ................... $5,500.
E -Check Process ing Mod ule .... .... ............. .......... ........ ............. ................................ ........... $5,500.
SMART E-MAIL
This is the software required to enable an e-mail application to function on the IVR system. It is
required only once regardless of how many of the e-mail applications are utilized. This module assumes
the use of the jurisdiction's existing e-mail server. The e-mail system installed at the jurisdiction must
be accessible through a SMTP compatible interface.
Smart E -m a i I....... ............... ..... ............... ............ .......... ............ ...... ........... ............... .......... $ 1 ,500.
SPANISH LANGUAGE
A Spanish version can be added to the Standard English version on your IVR system. This module
includes the necessary call flows, dictionary menus, and programming, needed to support the
additional language.
Span Ish Language .......... ......... ......... .......... ........... ................ .......... ........... ........................ $3,000.
December 29, 2004 City of Delray Beach, FL Page 6 of 7
. Price Quote R8028
SPEECH RECOGNITION
This is the licensing and software required to support Speech Recognition in the system. As the
jurisdiction incorporates this technology into the Call Flow there may be additional costs. Pricing is
calculated for each port installed.
AlphaNumeric String, Continuous Digits, Item List, VoiceMenu, Yes/No, Date, Credit Card Number,
Credit Card Expiration Date, Currency, Item List, Natural Numbers, Social Security Number, Spelling,
Time of Day, US Telephone Number, US Zip Code
In It I al Set-up (req uired) ....... ..... ...... ........... ......... ................ ........ ........ .......... .......... ........... $7,500.
Per Port Price (per language) ............................................................................................. $1,500.
STAFF DIRECTORY
Enables jurisdictions that have an existing voice mail system to use the IVR system to direct callers to
the staff voice mailboxes. This is a menu option that request that the caller either input an extension
number if known, or spell out a portion of the desired staff's name. The system can enable the caller to
be transferred to the staff's telephone extension or voice mailbox.
Staff 0 Ire cto rv .................................................................................................................... $2,000.
TEXT· TO-SPEECH
With this module, the IVR system can convert text into audible speech and generate the audio file for
system responses and prompts. Responses like street names are generated dynamically, as they are
read directly from the host database, while menu prompts are defined and stored during the call flow
design
In It I a I Set- up (req uired) ..................................................................................................... $2,500.
Per Port Price ........ ........... ..... ...... ................ ...... .................. .................. ..... ..... .... ............. .... $750.
December 29, 2004 City of Delray Beach, fL Page 7 of 7
AGENDA REQUEST
AGENDA ITEM NUMBER: ~
Request to be placed on: Date: 1/18/2005
X Consent Agenda Special Agenda Workshop Agenda
When: 2/1/2005
Description of agenda item: Approval to purchase additional e-govemment modules to include
Interactive Voice Response I Interactive Web Response for Building Permits and Utility Customer
Service from Selectron Technologies, Inc. and HTE, Inc. in the amount of $135,120 with $28,500
coming from account number 334-6112-519-66.10 and $106,620 coming from account number
441-5161-536-64.11
ORDINANCElRESOLUTION REQUIRED: YES NO X
Draft of Resolution Attached: YES NO
Recommendation: Approval is recommended by Finance Director and MIS Manager.
Deparbnent Head Signature: ,- ~ 'â~~
'-~ .
Detennination of Consistency with Comprehensive Plan: NIA
City Attorney Review/Recommendation (if applicable): N/A
Budget Director Review
(required on all items involvi~ expenditure of funds):
tft. rl1 "'-<- W ~. I), I Iff 10 f>
Funding ava ble: Yes X No
Funding alternatives (if applicable):
Account Number: 1~l/-/'1/~-5í9-'¿. 10 If' J.. 51/, I.. S :s¿ - 1.1../,//
ç ~~~ ~rl.
Account Description: q.t... (DNSI. d. ¡q,'.Ie SrJ WcÀ, 4.J"/1IA r 5,IJtll. ÞJ. ('lit'. ílttt<J
Account Balance: 1'/.; A> 0 /')2) ß 'u,,'r.
, / Of.; 50 0 ð't)
City Manager Review: ~
Approved for Agenda: & No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved: Disapproved:
P.O. #
-
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
www.mydelraybeach.com
TO: David Harden, City Manager
~.
FROM: Rafael Ballestero, Deputy Director of Construction
SUBJECT: HIGHPOINT SEWER MANHOLE REPLACEMENT (pIN 2005-017)
Approval Request; Contract Award
DATE: January 25, 2005
This is a Request for Contract Award to Chaz Equipment, Inc., for the replacement of a sewer
manhole located in Highpoint, section 3. The manhole has settled, damaging the sewer mains
which connect through this manhole. The quotation includes replacement of this manhole, repair
of the sewer mains, and surface restoration to a "like or better" condition.
The amount of this request is $45.000.00.These prices quoted are in accordance with an existing
contract which Chaz Equipment has with the City of Boca Raton, for repairs. A copy of the
quotation is attached for your review.
Staff recommends approval of Contract A ward to Chaz Equipment, Inc. Funding is available from
account 442-5178-536-63.51, Water & Sewer, R&R Sewer Mains.
cc: Richard Hasko, P.E.; Director of Environmental Services
C. Danvers Beatty, Deputy Director of Public Utilities
Randal Krejcarek, P.E.; City Engineer
Project File; 2005-017(A)
Agenda File
S:\EngAdmin\Projects\2005\2005-0 17\CONSTRC1\Agenda memo Chaz 1.25.05.doc ~tJ\~
--
FRon : CHA;: EQU I prv1E"~T CO. ~ H~C. FA:< ";0. :5613332:80 Jan. 2: 2805 06:89PM P.2
34tíO I~'Ðirlal1e Fitrnts Rood
Suite 8 =~
\Vemn2ton~ FT. 33414
Phone: 5614333-2109
Füx: 561.333-2180
--
January 21, 2005
Mr. Dan Beatty P. E., Deputy Director of Utilities. VIA FAX 1/21/05
City of Delray Beach Environmental Services
434 South Swinton Ave
Delray Beach. FL 33444
Re: High Point Blvd (North) See III Emergency Manhole Replacement
Dear Mr. Beatty:
Per your request we are submìtting a proposal for the above referenced mannole if'! High Point. W@ have
reviewed the scope with City personnel Our price includes all labor. eqUIpment and material required to
rep'ace the manhole, the 24' CMP adjacent to the manhole that has failed and an required surface
restoration necessary back to a "like or better" condition.
For your convenience. we have quoted the work in accordance with an existing Contract that we have with
the City of Boca Raton, Wastewater Collection System Rehabilitation. Project #71-02-007. A copy of the
Contract 18 attached for your review with appropriate jtem~ noted for this manhole replacE!ment.
Our pnce for this work is as follows
.......- -.--~.. ~ ~ .. ..__._~ -.-. --I
,
I Replace manholè at HJgh Point Blvd (North) Phase
I III, restore surface to nUke or better" condition. 1 LS $45.000.00 ¡
I -..-. . . -., . . ... . .. .-.
Plesse let us know as soon as poss/IJle If tJ1¡.r~ proposal Is accepted so we can precast the man/l0/e. The
precRst wi/! take approximately three days to fabricate.
Should you have any further questions please do not hesitate to call.
Sin:~
Howard Wlgnt,
Project Manager
F'Ron : CHAZ EQUIPI1E~rí :0.. H~C. FA;";; t·iO. : 5613332:80
Jan. 21 2005 06:09PM P3
!
~ ", n it Ò i1 ¡¡ fj I) .1) 't' "" f) .... ., 1'1 '" .. :ft 11t .. 4Iþ .fIlI ¡
- - ......-- ...- ....... - ...... -..p. -. -- -
'J I) () aJ IJ fJ V tJ ~ ,. ~ t.; t.i ~; ~'¡ ~.~. f.~ 1;' tll' ¡~ ~.~ ;¡, fj'-
f)ç7/ ¿Ilfi'( (jje/1~ ¡
A(í
.
,{,.t-' ~J ~:)fL-: I
~
/¡,j/,.<a> 1J¡'1~ fðf,,}~lv&(~~) W-t- t
~ J
"
j
V )
~ ~-]I.. J
,~
1
-;
---.~ :(.
,}
:!
í,
rr~ (,
¡
~Ao~ r ' 11 '.
1'~
11
"'
If
I \ ' ~
! .~ 1/ ,/
~,
'I
I :j
1-
! Ii 4-G i r,p." ø~
i
!
. --
j
¡
, ;
~ ,
--+- ," ¡
" j
~~~ ~
¡ I 1
~~ ! ~ I .
'I )J~ :
+0 ~.~. I ~ ' ~o" cl f¥- ~ ¡
dl"OfrcJ · I
I, \ ..¡¡.... ~~ ~~~ ¡
!Co í
~..~.e;IW-!iÞ1 i
I I Ôfi\C... +0 'fA.ti. d~,~ . j
, ¡
I -, éà ~ rJ-'--
]-
10" VL.P
1 -, . I 0 tt~(4~ f;t;--;;¡:
'*' M.H.. Þø, I n! þ¿1I
-...... ~ ~.rw.." .. :1r¡:; ,=
I, .~ e ~ M. . c:lf"IJf~' .
"
-~
--~-- -------
FROt1 : CHAZ EOU I P~1EHT CO., INC. FAX NO. :5613332:80 Jan. 2::' 2005 8S: 10Pr'1 p.:1
. BID FORM - Group D _,' _
Manhole Re all'8 .nd Rtlaclment .._..,..
SID NO. 2004.oø1
Wastewater Conectlon System Rehabilitation .
. -- ..-..,
,,'EM DESCRIPT'ON QUANTITY UNIT UNiT PRICE BID
NO.
D1 Realign, grout and seal manholo casting f) / E/, $ ?oo. pø
(in street)
D2 Re,align, ;;rcut and seal manhole casting ·1 .7 EA $ 6ø.-
(in 'rear-yard easement) ~ .
D~ Install manhole chimney seal ·D ¿} EA $ .."1 00, ~
D4 Seal ""¡sible infiltration through manhole ,on ~ EA $ øoo. tH 0..0
walls. bench, and Invert (brlcJ< manhole) ¡/ .;"
D5 Seet visible infiltration through manhole .o~ EA $ ,..300. oø $ .M'O. ø_:
walls, bench, and invert (concrete "
manhcle) ~
D6 Rep.ir manho:e bench and invert 'V"i EA $ J 00. øo S ~o.-
!P.'
D1 Rept¡¡ce manhole bench and invert .f; , EA $ SOl). øø $ h~·6o,··
,. ;
,'J' t/'/
DB Reptace standard manho'e frame end 1~1J EA $- t50. IP. s ~,,50. ÞO
cover ana inatall..al i/ ... r":~
D9 Replace watertight manhole frame and ::~¥ j EA $-- I} 000. øø $ /:5; 000,.....
cover and install seal {;l/' --.. ~~
D10 Work In rtar..yard easement (items 03 ,l~ ~.r EA S 3C1O,·o $ . df~tJó.l oct
through O~) .1) /
D11 Ir,stall cementltious manhole liner for '~J ))Ö V.F. $ A co, øø $ ~tJó."
f.,,'
precast manhole (In street) " ..~-"
1 ~501 pO
D12 Instatl ce"entitíous manhole lìnt~r fer brick r~ ~C'J V.F. $ $ ~tJO~9. ..
manhole (ín ßtrøét) ~ ,I
,.....11it¡....
D13 .~ ~ g04 øca A"'''' 0"
Ins:a" ce,,,entltíous manhole liner witt: () ~.' V.F. $ $. / ZOO. .
epoxy overlay for pfecast manÞole (in
atrøet) ..:81 s: øø S ~.~S'f!Ó. PÞ
014 Install cementítious manhole liner with fí ..)zo \J ... $
" . r-. -
epoxy overlay for brick mal'\hole (ir, street) $ / 3.3¡.ø'b. 0-
015 ,..~ /~ 100. _0
Install polyethylene rr.anhoie liner (in ,'J ~ V" $
'I,.;' . .r-.,
street) " $ í8;¿.....
D16 'Nork in rear..yard easement (ìtems D11 ·0./ EA $ -3.1 000, 4flØ
!hrOJgh, D15) .... ;r- ...
~ ~~i\
Nams 01 Bldder:£I1tz Et2tIil~ ð.l1~I1t. ~ \ b~ . vf1
, .~~þ
Revised. Addendum #2. caae 22
I
---~
FRon ; CHHZ EQU I PMENT CO.. r NC. Fr.f< f.'O . 1::',- ....
" i. . -;01...)332180 Jan. 21 2805 (6:18PM
-BID FORM - Group D P5
,,,,,_.
-
Manhole Re airs and R. tacement
BID NO. 2004-061 --
.....---.
Wastewater Collection System Rehabilitation
DESCRIPTION QUANTiTY UNIT UNIT PRice Brc TOTAL
instaU new standard preC3$t concrete 48- ~ EA $ 1) 9fX), (JØ $r '- .,.) ~áJ, pØ
lnch.diameter sewer mar¡hole (up to 4 feet /
}n depth) / '/;--!C?, Po&. ø: $ 2.Cf..p()O, r:ct
Install new standard precast concrete 48- EA
Inen-diameter sewer manhole (4 to 6 feet
in def¡th) I~; ()()o. .- S~'i.l oop øÞ
~ 1 nlta I new standard precast concrete 48- /Þ' EA $
inch-dlameter sewer manhole (6 to 8 feet
In depth) $_ IS, ()O(J. ~ $ $érjlJOO, pø Ii
o !nlt.1t new standa~d precast concrete 48- / fA
inch-diameter sewer manhole (8 to 10 feet ~ 7 /
I
in depth) 25: OtJO. - $ ~O~
~1 'nstall new standard precast co"crete 48- 11' EA S .I I
'nch..ctiameter sewer manhol. (10 to 12 ~ '
feet in depth) ./ $ ~ 000.- $ ~.- I
22 Install new standa~d precast concrete 49- EA
inch..<fiameter sewer manhOle {12 to 14
feet in depth) ~. ¡!t<,,,,"
)23 Install new standard precast concrete 48- ,~ EA $ ,..!6: OCO~ $ w~ '"'~ ~ øø
inch~diam.ter sewer manhoie (14 to 16 .
feet In depth) /" . ~ ~øo.: s~ IIiÞ
)24 I nstall new '-1rop connection precast EA $... !
con~rete 48-inch-diameter sewer f'T'\annote ,.,.".~ ¡
(up to .. feet In depth) /O¡ 000. ~ ~
025 Install new droo connection prec.a$~ 2.... EA S $ Ø.t ti()(), þÞ
concrete 48·lnch..cÎameter sewer manhole .." , -- ¡
~r
(4 to 6 feet in depth) /3/500. - $ $il{b()(). ,,- I
D26 Install new drop connection precast y'~ EA $
concrete 48-\nch-dìameter sewer mannole " I
(6 to e feet i" depth) ß'a ~- ¡
I
027 'nstatl new drop ccnnectio,", precast / EA $ $ I
concrete 4S-lnch.-diameter sewer manhole I
(8 to 10 feet it'\ depth) R~ ~- $ ¡
C28 tn$t811 new drop connection precast 1 EA $ ¡
i
concrete 48·inch-diameter sewer I"r.anhote ¡
(10 to , 2 feetin depth) ,/ 3o/J ()C(,? IØ $
D2S Install new drop connection precast EA $ I
conctete 48-inch-dillmeter sewer manhole I""'~'
(12 to 14 feet in depth) / f(}/ Pal.~ $_.At';~... I
C30 Instell new drop connection precast EA $.. r
concrete 48~¡nch-dÎamet~r sewer manhOle ,/ øo. tJ{1 $ _~. - i
(14 to 16 '.eUn depth) I
D31 Work In rear"yard ea~ement {items D17 /r ëA $ ¡
throc;h 030)
032 Bypass pumping (a-InCh and 1 a-inch J ~~ DAY $-- ð()O. øo $
sewer) , {J7J.ù::> )
Name of Bidder é!/Ø2 E¡;PJl't1JDIr C'411l:'#1f /IÝt. :~
Re"ioed. Addendum '2. paQ~ ~~" ~\W :r-
" .. ' ~
"
" ", I··
, . '
r 1'\'-'1"1 . rHAZ
. T EQU I Pf"IENT CO.. I t4r
FA;:< No . £:'-1
' . '..10 3332::88
Jan '-'A ......,
.-_. --'-. - 810 FORM G '0 ' . .::;... .::;iJß5 86: llPt1 P6
, ....... - roup ·
Manhole Re Ira and R 'acement
SID NO. 2004-081
Wastewater Col1.ctlon System Rehabilitation
!SCRIPTtON QUANTITY UNIT UNIT PRIce BID TOTAL
Jypass pumping <12- nch and 1S·!nch 3 DAY $ ~. ~-.;, ,:(~ ÞP
¡ewer) ~
ayp.2S1 pump'''g (is-inch and 21..inch 2 DAY $ ~ (")CJO, øø $ k? Þø
sewer) . .. ~-
Force mllln bypeS5, piped to nlOO manhol& 2 EA $ fÞ; oæ .... $ ~. ....
(uP to 10·inch diameter force main, up to a
feet in depth)
Forçe main bypass, þumþeå from wet wea 24 HR $ ~50,,,ø S
and trucked
Asphalt roadway replsoerr.Ðnt (for force I{'i)~ S,Y. $ 15:IÞØ $
main bypass excavat¡on only)
¡ Pit\lem~Mt overlay (for force main bypass 1,300 S Y. $ ~ . __ _. /0. DO $
excavatIon and/or manhole replacement
on~)
'I
9 Concrete s!dewalk replacement (for ferce 10 S,Y. $ $0, t1Ø $ ~. ¡,
main bypass &xcavation only) ,,'4' ~ ~ .i
10 COI\<:rele <:urb and gutter replacement (for 20 l.F, $ .so. - $ ~. ¡pØ I, I
force main bypass excavation only) -. I: !
.. t-.l:"pO ~.P I'
41 Aspholt driveway raplacement(tor force 20 S,Y. $ v. $ · II
main bypass excavation only) _~ ¡I, ;
)42 Con¢~ete d~i"fway replacement (for force 20 S Y. $ "- / tJ(). þO~VOO, bo :~
main þypass ex=evation only) Ii
-::z ðO ,.. H 'I
)43 Sod re~~a~ement (for force main byp3a, 500 SF, $ ~ .... _ S v, .,..",. ...."........\~!.
excava,Ion only) ~ _J r "a
044 24-hour emergency mobilization I ~ EA $ _ ~/ .5' 00. p~ $ ""!.. .),)'? ¡:
'- "........u
.......-,,-. . .' , r¡.
TOTAL BID FOR GROUP '~D" -ITeMS 01 THROUGH D44INCLUSIV..: $_ ~-': ::
.f Lof f CMI /Í¡/!; /H¡v¡l. I," ¿ J¡)i>.'~ ,!
, "') / II
ú..Jj CtJOIf ';",l t.v ~ I' /J~1 '1A~1{;'~\"" ~.. ¡..~I
.r·-I\ '-- V (;'(,¡.?'V'"¡,r) I"
/Jy ¿:If''' '. r rf/)¡bö) I'
()p ~~~ '- )
NameofÐidder: em- &Ntllf/l1tWr ~I'..w~/d?~ i.4f ()aD. ~
J .-
Revised.Addandum*2. )aQt ù· . µ{bD ~~{I
'. _. - --_:- - - ··1~ n.
---
Agenda Item No.: <6.tJ\;L
AGENDA REQUEST
DATE: January 25, 2005
Request to be placed on:
-2L. Regular Agenda
_Special Agenda
_ Workshop Agenda
When: February 1, 2005
Description of item (who, what, where, how much): Award of contract to Chaz Equipment, Inc., in the
amount of $45,000.00 for the Highpoint Sewer Manhole Replacement, project number 2005-017.This is
for the replacement of a sewer manhole which has settled, damaging the sewer mains which connect
through this manhole. The quotation includes replacement of this manhole, repair of the sewer mains, and
surface restoration to a "like or better" condition. The quoted prices are in accordance with a contract
which Chaz Equipment has with the City of Boca Raton, for repairs. The funding for this project will be
provided from the following accounts:
Funding Source Account Number Amount
Water & Sewer, R&R Sewer Mains 442-5178-536-63.51 $45,000.00
Total $45,000.00
ORDINANCE/RESOLUTION REQUIRED: YEsۤ) DRAFT ATTACHED YE~
Recommendation: Staff recommends award of contract to Chaz Equipment, Inc., for the Highpoint
Sewer Manhole Replacement.
Department Head ~L. ~ "~)r oS
Signature:
Determination of Consistency with Comprehensive
Plan:
City Attorney Review/Recommendation (if applicable)
Budget D~~~:;¡~W (required on all items involving expenditure of funds):
F nding available YES/NO
Funding alternatives (if applicable) .
Account No. & Description See above ¡,J~... 5~((- --..' £~ ¡{ ~-4! uJ#.A J Ma..:...L-
Account Balance See above j ~~'" I~f) ~ £. ''( ~ /I,t$/o~
City Manager Review: ~ tf1JÌ
Approved for agenda: Y /NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
file 2005-017(A)
S :\EngAdmin\Projects\2005\2005-0 17\CONSTRCT\agnd req Chaz 2.1.05 .doc
---- ---------- ---~-- -- -------
DA
MEMORANDUM !f!r/\
11): David Harden, City Manager
FROM: Patsy Nadal, Buyer ~
THROUGH: Joseph saffoní~ance irector
DATE: 1/25/2005
SUBJECT: APPROV AL OF THREE- (3) YEAR COPIER LEASE AGREEMENT
FOR SIX (6) COPIERS WITH IKON OFFICE SOLUTIONS
Item Before Commission:
City Commission is requested to approve a three- (3) year copier lease agreement with Ikon Office
Solutions for six (6) digital copiers located at the Delray Beach Police Department and various sub-
stations. The total three (3) year commitment amount will be $39,432.24.
Back2round:
This request is for replacements of Toshiba copiers leased in January of2002. The lease agreement for
the Toshiba copiers has expired. The current Toshiba copiers have experienced more down time in the
past two (2) years than normal.
The acquisition of new technology on the surface will appear to be an increase to the current monthly
expenditures but when all factors such as supply cost, printing cost, labor cost, and multiple asset
management cost, the City will realize a savings.
The total cost for the three (3) year lease agreement with Ikon Office Solutions for the six (6) copiers will
be $39,432.24, which includes unlimited service and miscellaneous supplies (except paper and staples),
via the Miami-Dade Contract #14D-ll and State of Florida Contract # 250-000-03-1. (See table below
for monthly and yearly costs.) The Police Administrator has recommended this per the attached e-mail,
dated 01/12/2005.
Recommendation:
Staff recommends replacement of the Toshiba copiers with various copiers provided by Ikon Office
Solutions.
Funding from account numbers:
Location Acct # Monthly Yearly Total Lease Total
Total (3 yrs)
Administration 001-2111-521-44.30 $344.00 $4,128.00 $12,384.00
Beach Substation 001-2121-521-44.30 $131.40 $1,576.80 $4,730.40
District I 001-2117-521-44.30 $131.40 $1,576.80 $4,730.40
District III/Plaza 001-2121-521-44.30 $131.40 $1,576.80 $4,730.40
Investigation 001-2115-521-44.30 $209.49 $2,513.88 $7,541.64
V.I.N. 001-2115-521-44.30 $147.65 $1,771.80 $5,315.40
Grand Total $39,432.24
Attachments: Approval E-mail- 01/12/2005
Ikon Quotation, 12/28/2004
- 1 - ~ N\.3
Page 1 of 1
Nadal, Patsy
From: lunsford, Tina
Sent: Wednesday, January 12,20058:19 AM
To: Nadal, Patsy
Subject: Copier lease for the Police Department
I have reviewed the quotes that you forwarded to me. The Police Department is recommending IKON Office
Solutions as the vendor. Two (2) of the copiers are not low bid, but in the best interest of the Police Department it
would be easier to deal with one vendor for the repair and maintenance of the copiers. If you compare the IKON
with Konica-Minolta, which was the low bidder on the other 2 copiers, IKON comes in as the over all low bidder by
$765.96.
Please proceed with the lease agreements for IKON Office Solutions. If you have any questions or need anything
else from me, let me know.
Thanks
!Tina £.. i!.unðþvuL
Administrative Officer
Delray Beach Police Department
(561) 243-7852
1/13/2005
<0
-
In 0 ~ 0
10 In 0 ~. ~ T""
.10 T"" N ci .... a.. Z -
a.. a::: ,.... ,... I() Q) 0 ~O m
~ W-I 'O;t ~ 0). Õ ~ u..t= fiJ
o ~~ ~ T"" C! I() O~
X w(3 C\I w::»
o 0_ ~ ~u..
0:: >- a Eß I- .l.
~ g, en~
o ::»
Eß Eß ~ Eß ~
~ 'O;t ~ 'O;t 0 0 ~
I co 0 N 0 o.
-I 0 Lri . d ci Lri a.. ...I
~ I() 0) 0 In 0 ,.... 0 ~
0:: t: 'O;t IX!. ~ T"" ~ ~
W ø ,... T"" <0 0
- ð T""
~ ~ ~
~ ~ ~
g W
Eß Eß ~ Eß Eß
~ 0 ~ 0 g ~
<l..o C! 0 C! I ..
I- 0 I(). 0 I() a.. (/)
WI- ª~ ~ 0 ~ -g ~ g !
~z au.. - 2·· cu ....
u..W ~ In u.. I().., _ 0
u..~ 0a T"" ~ ~ (j) .c C>
o~ Zo !2 Z oð ~ ~
go ~~ ~ ~ oð ~
~w ~~ ~ Co (/) ~
~!5 ~ ~ æ ~
a.. Eß Eß ~ Eß Eß ~ - a.. "'0
o Co I c::
I- ~ co ;tI; co C\I ~ S~~cu
Z cC I co 0 cþ I() 0 (j) X-a..
W... I- 0 ~ M 0 ø) M c:: CD W ;;:: ::J
~ ...I .., ('I). 'O;t ~ - I u.. ~
....:to 0 u:; 'O;t ~ ~ -= ~ c:: g. CI) W W
..&. I- 0 z!!2 vi c:: ~ ::J - W (j) CI)
o c:::N :Ii a T"" ~ g :!!; ~::::¡ 0 _
« ~oô ci: ~ .... ~ Z a:: a.. W &
w Bï~ ~ ¡§ æ. :5 ~ ~ ~ ~
m~O(l) 0 CD ~ -I::::¡::::¡
.- W .c ~ Z -I Z W
>~CJE 0 ~ Eß u:: <{::J 0 Q)
~ -(I) (/)
~ ..J CJ I() 0"'" co ¡g
--0(1) tr? 0 ('I) 10 -I
WD.C ,0 ..,¡. g M w ....
...J t- Q) Wen wg I() 'O;t ci IO.&: C Æ
WO.c ~ ~Z ~2 ('I) ë c( a:: a:: a.
- - ca u.. 0 0 CWO
C-"'''C u..t= ~a::: ~ ~ I I 0 ~ u
O.Ecn 0::» Z~ .... Z :i ~ W -I 0
u.. w(l) Z...I Oz Q) c( Z W CI) 0 .
O tn:;:' ~O Z:J a.. - 0 u. >- I a..
~t- _en (Sa::: ::E ~ Ü ~ a::
> w a::O~w
..J" Eß Eß 0 W 0 a..
I- (I) a.. u W <{
0- c::::;:, - ~ 0 ~ 0 <0 0 ~ C) CI)-ffia..
~C x ~ I C! 0 C!,.... C! a.. Z W '::: <{ >-
D. !:::g 00·0 T"" 0 0 - _.....~~
o u.. ('II 10,.... 0 N 'O;t.&: 10 0 0 a..~(j)_
CJ !!: 0 'O;t ~ ë T"" Ii) æ OO::J~
0::. Ü cþ 0 11. u~""')a..
Clo - T"" ~ W ~ ::J 0 .....
ailZ u.. .... U) c:::: <{ <{ .....
>- ~ Q):) ra >< _ U
W ð a.. 0 oW~W
en 0 J: O~OC>
~ - I q::>ë;:a::
x a::: Eß 0 ~ Eß 0 ~ ~O~~
'" ~ C\I ~ N 0 00 ~a.. U)
v. ~ 0 T"" C! . W
~~ ~ ci ;:: ~ ~ g i= ë;
~-: ~ I() ~ ~ Ii) z z
~~ ~ ~ T"" :) i
¡fiº ~ ~ 0
I-~ ~ 0 ::t
B...I CI) 0 0
go w ~
en 0 0 ~ 0 0 :) ~
t-
W ,,, W
W C) ~ C
W 0:: ~ :)
cI: cI:...I ...I
:E ~ IÙ 'a J::::! 0
Q. 0...1 -8 0 m ~
Z ^ 0 00:: GJ W W w~
O II cI: GJ 0 0 IV v,
- 1\ ...I W 0:: IÙ Z - - u.cI:
I- II W t- W >-.... ~ ~ ~W
« 0:: C :) J: 11. 'T u. Yo 11. ...I
IV go Z ~ t- C") C ~ ~ t- 00::
L(. Z ::E :i 0 U) W ~ 0:: 0:: 0 Ocl:
~ ~ C 0:: ::E 8 ~ 0 :):)t- ~ fi} ~
W W 0:: W J: ~ 00::00:: t- w-
Z t; Q. W C) t- 0:: J::) J: ~ Z cI: !:2.
W f3 11. cI: ...I 0 o::~ o::w 8 W W
:E C) - t- 0:: c( ~ W Ww ...I W
C C) Q. U) W t- ~ t- 0:: t-::E 0:: ...I 0::
« ~ 8 8 ~ ~ ~ ~If ~¡:: If ël ~
to
. -
ffi N ~ m ~ ~ > 0
. I- 0 an Q) ... a.. I- N
Q. Z...J ci 0 Q) 0 ~ ã)
g ~~ ~ õ ~ 0 1?
o I-ø CO ~ 10 0 C/)
>< djB ~ ::::E
~ ::Eo "<t c:(
~ a~ (fl ~
o ::::)
o (fl (fl ~ (fl ~
~ ~ ~ ~ g ~
...J ....: g ~ Q) ~ a.: ..J
« 10 ci ~ ..- 0 LL ..-
Ix: !::: ..- a ~ LL 0
W S2 In to 0 0
z 0 W "<t
oCt ,.... I- C")
...J ~ c:( g
o I- to
...J ~
(fl (fl ~ (fl
I- g 0 ~ 0
ffi...J ~ 0 ~ I
:IE ~o 10 ci 0
Q. _g C") CO "0
:5 S2 CJ) ..- «t m
a 0 LI¡ oqo (t:
w gê3 ~
W Zo Q
~ gM .2:
~ «g Q)
o za.. Z
C êE 0
:5 (fl (fl ~ (fl
~ 10 10 moo
Z c( N ~ :g cq "'"":
W'IIIt I- 0 0 0 .... to
....::Eo 6 ìõ ~ ci ~ ..- ::;
..... ~o z ~ (fl a C
o o::N - 0 In 0
.A ct ~ =f! (D :E
...... a. CO c( => ...
W W~ ~ ~ æ.
CO c CD z_
.....w.c ~ (D Q)
>-~()E (fl ~ (fl ~
~ ..- :J CD ........ Q)
=1:1: 0 CJ .., 0'" "<t ...J
CD N "<t ~ ~ ...
wa.c . ....: 0 o..J Q)
...J I- Q) ~ ~ f/) lli R C") ci C").r::. LL "';'" "õ.
we:;>. ¡¡:z «~ ..- (fl ë LL 8 8
c:Ja"'~ u.S ~a: ~ 0 0 .
.E en OJ ZW ... W g q
LL WCD z-' 02 Q)!;( , a..
o ~~ ~~ ðæ a.. t; ~
~ ~ CD (fl (fl
- o::~ 10..- .
o ~c % N N ~ .... ~ ~ g ~ C)
a. !::: ~ ex) ~ N ci ci a.. 2!:
o ~ N "<t 0 oqo C") .r::. 10 0 0 "0
() æ º ..- ~ ë.... ~ æ: "*
C). ü 0 10 ~ .-
CJ ¡¡: :E w ...J
oð~ « ... ~ Q)
~ J: æ. 0::::) 5
f/) 0 z
-' ü ~
~ æ (fl (fl ~ (fl (fl 2!:
~ ~ .
C). N to g ~ g ~ f3 (t:
zo IÒ· 0 Q) ci a.. - I-
(5Z 10 0 0 m 0 !:: 0
.....-:. ~ .... CO 0 Z I
....en 0 a .. ... ~
!z V In Ii) :E ~
ffiº ~ ::::E M
1-1- ~ 0 N
83 CJ) 0 ~
00 u) 3:
c f/) (fl (fl ~ (fl (fl ::) JJ
W ~ C)
Z ~ ~ 2!:
c:( c:(..J
o ::::E > w"o ~ =
- ~ ~..J ~ 0 m
....« ^ 0 0 ~ Q) W W
.... r. ..J W ~ ~ ~ ~ ~ ~
en :: ~ ~ ~ ~ > to;' ~ ~ ~
OJ g 0 2!: ~ I- M ~ ~ ~ I-::::E
::;) z ::::E::::E 0 ~ W c:( ~ ~ 0::::)
en ~ ß ~ ::::E 8 ~ 0 ::::)::::)1- ~ ~
..... I- ~ ~ W ~ ~ o~ 0$ I- 0
~ ~ W C) I- ~ ~::::)~~ Z c:(
U W ~ ~ c:( ..J 0 ~o ~~ 0 ~
A C) W I- ~ ... ~ ~ 0 I-
~ C) ~ ~ W ~ ~ ~~~W ~ Z
~ ::::) 0 0 > 0 W LLW LL:! W 0
~ ~ 0 0 0 I- Z c:(~c:(1- ~ 0
CD
a: CO CO ::Ë >- õ
UJ C'! Q) 0 c.: I- M
n: ~....J :g ~ C Z (¡j
~ ~¡:5 ~ ~ ~ 5 ~
u 1-<5 CD ~ 10 0 CI)
>< ZB N :::IE
~ ~o ~ c(
W ::::>~ tß- Z
>< ü ~
o ~
o tß- tß- ~ tß- ~
10 10 C .
N ~ ~ Cð ~ ~
....J ..,..: ~ ~ Q) ~ a.. -I
¡:5 ~ C ~ ..... g &L
ffi º iii cD ~
~ 0 w
~ ~ ~
o ~
....J W
tß- tß- ~ tß- tß-
C 0> C .
;;i! M g g g I ~ ~
!:: (/) Lri 0 ci "0 ~ a..
WI- ~u... M CD co..... C
~ffi Bc:I: ..... OC!. Q) ~
tt~ üO ~ a::: 10 c(
On. -0 ~-
- ZC') !2 Z
g:) 00 ~
~g ~~ ~
~ tß- tß- ~ tß- tß-
... ~ 10 m 0 C ~ ~
Z oC( 0 0 co..... Z Z
W to- 0 0 ~ ~ <Ò
:E"I:t ~..... ~ 0 ~ ..... ~
::I:...g g ~ ..... q ë
CJ O:::N - 0 II) 0 c(
« c:(~ =F cc ~ Z-
D.. co oC(::::> ....
W wN ~ ~ ~
co c~ z_
""'w.! ~ cc
~~~E tß- tß- ~ tß- :g
~_..J Q) 10 10 « co
=1:1: 0 UNO CD ~ -..z Q)
Q) ~ 0 M ....J
..JWD..O W WO ..,..: ~ 0 -I ~
... Q) U tI) ~,... MOM ~ &L .-
WO:5~ ü:~ ~~..... ë &L g.
C::»'" ns u...- ::!:a: 0 ° ()
aO"C o!:) zUJ ~ w .
LL...tI) Z~ OZ ~ ~ q
o ~~ ~~ ~~ a.. ~ a..
c:(..... - Üa: w
~ ~ G) tß- tß- tß-
- o:::::s 10..... .
CJ wO .z N NO>..... ~ co 0 ~ C)
ñ: !:: ~ ~ ~ ~ ci â c.: ~
o tt N "<t 0 ~ M ~ 10 0 ~
o æ 0 ..... C"'t ë..... ~ 0::
C)" Ü II) 0 10 ~
DII~ ü: ~ W
- ~ .... fn
>- :I: Q) ~
W 0 a.. °
tI) ü J:
':i - I
:J: a: tß- tß- ~ tß- tß- ~
............ .
'" N...... 0 N 0 ~ W
'-'. 10 0 II) O· W
~u Lri 0 ci 0 a.. ~
C)~,... 10 0 0> 0 -
oC(ui ~ ..... U!. ~ ~
:!§z ..q- II) 10 :::IE
~ 0 Z :::IE
W ¡::: :> °
!:):) ~ 0
u~ (/)
o~ ~
C tß- tß- ~ tß- tß- ~
W ~ C)
W 0:: ~
c( c(-I
:::IE >- w ~ J: =
~ ~ -I ~ 0 m
1 0 8 0:: ¡ w w
I. -I W 0:: c( ~ ~ ~
II W W W > >
It: 0 ~ J: ~ >- ":' 0:: 0::
00 Z ~ ~ "" 0 W W ~
- C :::IE :;¡¡: Z fn 0:: W fn 0
Z coo W c( 0:: 0:: C
~ ~ ow 0:: :::IE 0 ~ 0 ::)::)~ 0::
"" W 0:: ... ~ 0 0:: ° 0:: ~
- ~ ~ W W J: - J:~J:c( Z
a::: fn C) ~... ~
I- W W ~ C -I 0 o::oo::w °
C) W ~ 0:: c(::¡: J: 0
00 C) ~ W W ~ ~ ~o::~~ 0::
C ~ 0 0 > ° W &LW&L~ W
fn 0 0 0 ~ Z c~c~ ~
(0
-
o
a::: CX) nI ~ '<t
W 0 ~ o· ~ ã:)
a: I- C! It) æ a.. Z Q)
Ir: dJ~ 0 ~ a.. g ::::) c55
o ül- ~ -.. 0
u 1-{3 co ~ 10 0
ð dJÕ ~ ::E
Ir: ::æ:g ~ ~
W ~'<t ~
X g ::::)
C ~ ~ ~ ~ ~
10 '<t 10...,. O"¿
N N ~ CO C!..:::
...J ..... 0 ~ Q) ~ a.. ...I
~ ~ ci ~ ..... g u..
ffi Q añ cD ~
~- C W
~ ~
~ ~
C ~
...J ~
~~~~ ~
...J g 0 ~ 0 g ~
«0 0 0 0, ..
I- 0 Iri· ci 10 a..
WI- (3C'? M 0 CO ~ ~ 0
Uz -C/) ..... CX) Q) 0
-W ClL. ~,..,..
tt:E ü.d: ...,...... 10 ~
Oa. zC t: Z
Q::) og j
::Sß ~g Q)
~~ Z
a.. ~ ~ ~ ~ ~
t- ~ 10 mOO ~
z c( C! 0 CC! ""': Z
W'lllt ... 0 0 0 .... (0
~O ..I..... '<t ci ...,. ..... .c
~ t-0 ~ ~ ..... ~ ~ ë
(.) 0::: N - C It) 0 c(
<C «- =fJ CD ~-
a. co c( ~ .... Z
W wN ~ J: æ
N\ C'" Z ~
........... Q) 0 CD
NW.a ~ Q)
>-cnCJE ~ ~ ~ ~
~ - Q) ...
;¡¡ 5 u ~ 0 ~ '<t ~ ~ ~
W a. Q) oo:t: 0 ~ z z ....
...J e '0..... 0 0...1 Q)
t- Q) _ ~ rn ~ ~ M ci M.c u.. .õ..
wO.c >0 _Z «~..... ë u.. 0
c::>-:~ ttQ ::æ:a::: 0 0 ()
O,Ecn o~ ZW ~ w 0
LL wQ) ~5 o~ æ!;( a.:
o en::::l ~rn ~~ a.. ~
«t- - üa::: ~
~ ~ G) ~ ~ ~
- 0:::::::1 10..... .
(.) we =£ N N ~ ..... ~ ~ g ~ C)
a. !::: N ex) C! N ci ci a.. 3!:
o tt ~ '<t 0 ...,. M .c 10 0 ~
CJ i2 0 ..... "1. ë..... c::! 0:::
C). Ü It) 0 10 ~
að~ u:: ~ w
- « .... ~
> J: Q)::::)
W 0 a.. 0
rn ü :¡:
~ - .
:I: a::: ~ ~ ~ ~ ~ 3!:
~ ~ .
C) N ~ 0 N ~ en
zu ~ C! ci a.: !!!
(Sz 10 0 0 "0 0 ~
....-:. ~ ..... co .s 0 Z
....rn 0 ~ 11)..::::)
~ Z '<t It) ::¡ 10 ::E
~Q ~ Q) ::E
~~ ~ § 0
G..I C/) Z 0
o~ ~
Q ~ ~ ~ ~ ::::)
w ~ C)
en 0::: 3!:
~ ::E > ~"O ~ ~
N ~ ~...I ~ 0 m
~ ^ 000::: ~ W W
~ ß ...I W 0::: ~ ~ ~ ~
I ~ ~ ~ :¡: ~ > ":' ~ ~
80 Z ~ ~ C"') C W W ~
_ ::E;æ Z ~ 0::: en en 0
z III: 0 0 W c( 0::: 0::: c(
01- ~ Cw 0::: ::E 0 ~ 0 ::::)::::)~ 0:::
w 0::: W ::.::: 00::: 00::: ~
- ~ ~ :¡: <IV :¡:....:¡:c( Z
a:: ~ w C) ~ Yo oJ ~
I- w ~ ~ c( ...I 0 O:::OO:::~ 0
C) w ~ 0::: ~ ~ :¡: 0
W C) ~ ~ w ~ ~ ~o:::~~ 0:::
C ::::) 0 0 > 0 w u..wu..~ w
en 0 0 0 ~ Z c(~c(~ ~
<0
::Ë õ
~ co ~ ~ 10
LU 0 cø ~ Q)
0: I- 0 M ~ z
~;i ci .... 0 Q)
0: tß . Õ 0 ::) .I::.
0 ül- tIS LÖ 0 CJ)
0 I-a 0 0
>< z- N ::E
~ LUO (\')
::Eo . c(
W :JM tß Z
>< Ü-q- I-
0 ::)
0 tß ~ tß D..
10 0 m 0 0 ::Ë
(\') 0 0
.... 0 N Q) Iri ~
...J ~ ci ø) .... ...I
« (\') ~ ..... 0 &L
0: l- N 0 &L
W a tIS cö 0
Z is w
~ L() S
M
0
...J fn
tß tß ~ tß tß
10 0 m 0 0 ::Ë
;io (\') 0 0
0 0 0 I Iri ~
I-M Iri ci Ò
w.... -M N 0 't:I N 0
øC/) co .....
OZ N ..... Q) 0
-w iSLI. tIS a::: LÖ
:t:i ü<i: ~
O~ -0 -c
e::J ð~ j z
~g C/)L()
«M Q)
zc.. Z
«0 tß tß
c.. tß ~ tß
- 10 m m 0 ~
(\') 10
Z cc: v 0 ..... z
w~ .... 0 ai 0 cD
:::EO -' ~ 0 ci ..... .I::.
J: 0 N tß 1:
-O Z M
0 o=:N :i is 0 ~
« <CoQ' ..( 00 ::E z
:J ~
W fuN 0 :I:
m c'" Z N a..
,... œ 0 ãj
>-N~~ ~ Q)
tß tß II)
~ ~ - œ co
=It..Ju 10 ..... 10 cø V ~ ~ Q)
o œ (\') <0 ...J
..... 0 Ø! (\') z z ~
..Jwo.c WU) WO M ci ..... ci ...I
Wb~~ ø.... N .... (\') .I::. &L "ã.
~z «L() cø 1: &L 0
C:J::ra LL.O ::EM to: 0 0 Ü
LL.- -~ ::E
ao"C 0.... ZLU W 0
LL _en z3 OZ ~ I- ~
o w~ 00 ZZ a.. ~
~I- ~U) «:J
- ü~ U)
>- ~.. tß tß ~ tß
!::: o=:~ 10 V ..... ~ ~ 0 ::Ë C)
o !:!:!c % ~ (\') 0
l- N 0 ~ Z
0. M M ci cØ ci
ü: 0 M Õ
0 LL. (\ V II) .I::. 10 0
(J æ N .... 1: ..... 0 æ
0 tIS LÖ
C)ej Ü 0 D..
að~ u: ::E w
« ~ fn
> ::)
W :I: a.. 0
U) 0
~ ü ~
:I: æ tß tß ~ tß tß æ
10 0 .... 0 0 ::Ë U)
C) (\') 0 0
0 0 0 ci ~ w
zej M ci cØ i=
-z ~ ..... m 0
C)_ z
cc: a N e") 0
:iU) M tIS LÖ ::)
0
-z -q- ::E
~O Z ::E
~~ ~ 0
::J::J 0
U-' C/)
00 u)
eU) tß tß ~ tß tß ::i
w C)
w Co:) z
:l 0:: ::::¡
> c( ...I
::E D.. W " ~ ã5
D.. 0 ...I G) 0
"
^ 0 0 0:: G) W W
Z II ...I 0:: ~ G) 0 0
II W Z ~ ~
0 II W I- W > ~
~ 0: Q ::) ~ D.. Ô
g 0 Z l- I- e") W W I-
::E i z U) 0:: U) U) 0
z 0 0 W c( 0:: 0::
C) w ~
> Q 0:: ::E 0 w 0 ::) ::)1-
~ W w 0:: 0:: ~ o 0:: 0 0:: l-
I- W ~
tJ) U) D.. W C) I- 0:: ~::) ~c( Z
W U) D.. ~ 0 0:: ~ 0:: t; 0
W C) W ...I ~ 0
I- ~
> C) Q: U) w ~o:: ~W 0::
Z ::) 0 0 > 0 W &L W &L::E W
U) 0 0 0 I- Z c( D.. c( i= D..
<0
0::: co 0 ~ ::E > õ
W 0 U! ~Q)- a.: .... <0
a: I- 0 .... æ z
Z..J Ó CD ~¡ß:E 0 ã)
0:: W« Ø) a.. 0 :J Q)
0 u!::: ~ -~ 0 õ Ii) 0 ..r::.
U I-(!) "'--E 0 0 en
(\3- N
)( ffiõ -<0 :t
0 ~~ M
0:: ~e 'V
W :JM ...'V ~ Z
)( u~ O~ ....
0 LL. _ :J
e ~ ~ .,. ~ 11.
10 'V 10 ~ 0 0 ::E
N 0') 0
"! 0 0 ¡r) a.:
0 ! ~~2
..J u:; Ó r-- 0 ..J
~ ...- 0')(\3- ...- 0 iL.
0:: iii Q) C cö iL.
a ..J 0
W - E 0
~ õ Siì5 w
...... ~~ ~
N
C 5~ ....
..J LL.~ U)
~ ~ .,. ~ ~
I- 0 0 0') 0 0
Z M 0 I 0
..J 0 0 0 ¡r)
W ~g 0) ó ~
:i N
10 N "0 ...-
A. ª~ ...- .... (\3
:; iii Q) ::E
a ell. e::::
W uJ: ~ a.: ~
-e
W Õg i 0 z
U 0
¡¡: ~g Ii)
u. Q)
0 za. Z
~ «e
a. ~ ~
~ .,. ~
t- 10 10 0')
N 10
Z c( 0 0
W~ l- e Ó 0
::I: :EO ...I .- 'V Ó
0 It) ...-
t-0 Z N
0 o::N ~ Õ ~ ~ ~
-( <Coõ In Z Z Z
W D.N :J
W 100 U ::I:
m.....CCD z N
0 ã:i Q)
>- ~~ ~ ~ ~ IIJ
~ (\3
~--CD Q)
_..JU 10 10 ..J
o CD N 10 8 z æ
...J ~ D. C <0
we r-.: 0 ..J "is.
WO~~ Wt/) (!)...... 'V Ó ..r::. iL. cJ, 0
S:!z ~~ ...- ë iL. t)
C::)-ns tte 0
0 ~ 0 0 0
as"C _0::: ~
u.. -:g o~ ZW Z W 0 a.:
Z...l OZ æ ~ 0
o w~ 00 ZZ a.. 0
~I- ~t/) «:J .... 10
uO::: U) N
>- ~.. ~ ~ .,. ~
t:: o::~ 10 0') ::E
o ~c £ N N 0') 0 ~ (X) 0 C)
M 0 ...- 0 a.: z
D. I::: N cO Ó N Ó Ó
e Õ
0 u. N r-- N M 10 0 "0
U. ..- .- ..r::. ...- 0 æ Q)
u æ 0 ~ ë Ii) ii)
<:)0 Õ 0 11. :.::¡
GIS!; u: ~ w
« æ U) Q)
> :J C
W ::I: a.. 0
t/) 0 0 Z
~ U :J:
ã: ~ ~
:z: ~ .,. ~ ~
r-- r-- r-- N 0 0 ::E U)
<:) N 0 0 e::::
0 0 II) ~Q)- ó a.: w
!;~ M Ó ci 0') ~ ....
<:)- ...... r-- M ~¡ß'ê 0 z 0
c( - N ...- N - Q) 0 0 ~
:it/) e ~ "'-:::E Ii) :J 0
-z ~ ~ M
~Q Z (\3-
-10 ~ cJ,
WI- ~ 010
I-~ I- . 0 N
~..J en 5~ 0 ~
Uo LL.~ u) ~
gt/)
~ ~ .,. ~ ~ :; a:I
W C)
W C)
0:: Z
> ~ c( ::ï
~ "CI :J: ..J
11. ..J GI 0 iii
11. 0 "CI
^ 0 0 ~ GI W w
II ..J 0:: GI 0 0
W W Z ~ ~ 0::
.... w > ... W
0:: C :J :J: 11. C m
0 0 Z .... .... M W W .... ~
Q ~ i z U) 0:: U) U) ~ :J
z 0 0 W c( 0:: 0::
W w Z
> C 0:: ~ 0 0 :J :JI-
W W 0:: 0:: ~ o 0:: 0 0:: .... ....
.... 11. W :J: :J::J :J: c( ~
U) W ~ .... 0:: Z
w U) 11. g 0 0:: ~ 0:: t; 0
Z C) w .... ~ 0 ....
C) ii: U) w ~o:: ~w 0:: Z
:> :J 0 0 ~ W iL. W iL.;§ w 0
U) 0 0 .... Z c( 11. c(.... 11. 0
Q)
( )
J::
en
.E
.E
L-
o
-c
c:
( )
>
o
o
o
.....
,SO) I'-
'S 0 N
en oq- I'- . "t CO I'-
U) ~ M N O::J ..... N ex)
c: -0 M .£: x 0 .E 0 ~ ê ex) 0
.Q > ...J 32 8 0) ~ U M 0 '7 0
'SiXiU.C:I.t)t-;- ~J:: 'Eco"1"
Õ ~ co co 0) .- ¡::: ...J 0 co N
en~"fiU:mex) 3:I'-U.~O?N
( ) ~ co - ex) at !2. en'" _ ..... O?
OCO( )::JCO..... L-~( )::JCOI.t)
¡¡:: ...J r::c co I co ~ :>: ~ co 1.0 0
-J:: a..(õl.t) >ZCOa..:;t:M
Oo.5ël.t):;t: L- ...J..( ):;t:
c: CO( ) co ~ ...... x .92 8 ·E- .5 c: x
o a..«""co C:oq- -oco
~ r::c _ ( ) u. co oq- .~ « J:: u.
EU) c: ...J.....~ a..
_ ( ) 0
co~ J::
I- a.. > a..
Z 0
W ~ ~
J:::Eo N
~~
o «.. c
<C D.. co 0
W WN.-
""1iÎ..... 0)
m CCDE 0 0
,....w.a... 0 ~ ~ 'E ~ 8M
,-NO E~ c:_M~OO ( )=M 00
~ Ø) - c - ( ) ( )ex)o CO 1'-0
~ or"...J CD - ~ ( )¡i U) I CO E~¡i~ I I'-
=tt: 0 (.)... É l:; ~ -g ~ M .Q. ~ ( ) t: ~
W D.. CD "Co ~ en J:: ::J ex) N ::J ~ J:: Z oq- I'-
..J C .¡: CO 0 I CO 0" CO 0 - I oq-
.... Q) C ,n L- CO ~..... I W ~ CO =..... I
W O.c .. CD \J::J ( ) c: CO 1.0 = ( ) r::c CO .....
.. ~ > oð 16 r::c 0 1.0 0 ~ ~ r::c .. 1.0 CO
C ::) ... CG CD Q..... :;t: M·- c: :;t: 1.0
a .2 ~.~ ~ M .5 ë ( ) :;t: 8 ~ .5 ~ ( ) :;t:
u.. ~~ U) co-c:x 1.0 co C:X
W CD C ro C;; a.. ~ 0 co -c ..... a.. 0 co
O (/)::s 0 I - J::u. CO - J::u.
.A .... C. U) a.. ...J U) a..
~ ~ ( ) ( )
~ ~a;~ ~ ~
_ D::::s
o !!:!c
D.. . 0
o ooq-
o .EM
o ..... ~ ,S
c: ex) ..... U) .-
_ N c:::J
~ ~ 1'-... .Q en I'- CO CO N
ê::Jex)-cxl'- 'S>ex)~OM "to MI'-
oenoq-c:( )I'- -O>oq-U)I.t)M OC:o::J~~COI.t)
.- M 0 ..... Z M :> oq- ex) ~." L" oq- I'- 'S cDM O~N en M 0:> 10) :.¡:;uM c: Ioq-
- - E ~." I ~ I'- I CO ( ) ex) I
OO...J_Nex) U)~...Jl:;Mex) L-O)...J .....ex)
en .~ u. « N ex) ~ ~ u. U) N ex) 0 I'- U. I ex) .....
U .- ex)1 0) ...., 0 I 0) a. . I ex)
0> ~ -c I c: -- ~ ..... I L- :> en'" r::c 1.0 I
c: U) c: c: ex) ..... 'Ci) a.. c: -c co ..... 0 > ( ) 0 1.0
~~SCO~co ::J-cS~I.t)CO U~~~MO
coo>coen.....1.t) r::cc:co.Q:;t:1.t) x CO..:;t:M
E0D::..CO:;t: co::JD::u.( ):;t: 00...JC:( ):;t:
- D:: co .5 1.0 X ::: 0 co .. c: x ~ 1.0 ·E- ~ c: x
~ .0~:t:I:CO oeno.5oco xU; «oco
,Seno ( )u. £c:o~J::u. .....~ J::u.
::Jor::c c: ~( )r::c a.. ~ a..
g~ ,g ~e
Q a.. 'c r::c
0.....
:::':::1.0
0)
-- ----------~-
AGENDA ITEM NUMBER: ßtJ\ :3
AGENDA REQUEST
Request to be placed on: February 1, 2005
Date: January 25,2005
xx Consent Agenda _ Special Agenda _ Workshop Agenda
Description of agenda item:
Quotation Award - Quote #1927 - Copier Lease for the Police Department. Approval of a thirty -
six (36) month lease agreement for six (6) digital copiers with Ikon Office Solutions at a total
expenditure of $39,432.00 (see chart below for monthly breakdowns) for the Police Department.
ORDINANCE/RESOLUTION REQUIRED: YES NO X
Draft Attached: YES NO
Recommendation:
Approve a thirty-six (36) month lease agreement with Ikon Office Solutions at a total cost of
$39,432.00 for the City of Delray Beach Police Department for various secure locations. The
Police Department has confirmed that they will not need a network card. Funding will come from
the account numbers listed below.
FundinQ from account numbers:
Location Acct # Monthly Yearly Total Lease Total
Total (3yrs)
Administration 001-2111-521-44.30 $344.00 $4,128.00 $12,384.00
Beach Substation 001-2121-521-44.30 $131.40 $1,576.80 $4,730.40
District I 001-2117-521-44.30 $131.40 $1,576.80 $4,730.40
District III/Plaza 001-2121-521-44.30 $131.40 $1,576.80 $4,730.40
I nvestiQation 001-2115-521-44.30 $209.49 $2,513.88 $7,541.64
V.I.N. 001-2115-521-44.30 $147.65 $1,771.80 $5,315.40
Grand Total $39,432.24
Department Head Signature: ";;:3"' ~
'\
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 ¿¿605 No
Funding alternatives: (if applicable)
Account Number:
Account Description:
Account Balance:
City Manager Review: , ~
Approved for agenda: f3 No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
81
fl CITY COMMISSION DOCUMENTATION II
TO: DAVI~D~ANAGER
THRU: PAUL DORLlNG, DI OR OF PL~D ZONING
FROM: SCOTT D. PAPE, SE R PLANNER :P -r-
SUBJECT: MEETING OF FEBRUARY 1, 2005
CONDITIONAL USE REQUEST TO INCREASE THE BUILDING HEIGHT TO 57'-6"
FOR CITYSCAPE A PROPOSED MIXED USE DEVELOPMENT LOCATED AT THE
NORTHWEST CORNER OF NE 5TH AVENUE (FEDERAL HIGHWAY) AND NE 3RD
STREET.
II BACKGROUND/PROJECT DESCRIPTION II
The development proposal incorporates Lots 4-14, Block 97 Highland Park subdivision and contains 2.5
acres. The property is located at the northwest corner of NE 5th Avenue and NE 3rd Street and is
bordered to the west by the FEC Railroad. The property contains the Scobee Ireland Potter Funeral
Home, Native Florida Gallery (fka Dee's Alterations), and a single family home. The funeral home was
constructed in 1954 and contains 9,227 square feet. The Native Florida Gallery building was constructed
in 1922 and contains 704 square feet. The single family home was built in 1921 and contains 1,253
square feet.
A development proposal has been received which involves the relocation of two of the structures,
demolition of the funeral home and construction of a mixed use development which will include 34,000
square feet of retail on the ground floor fronting NE 5th Avenue and NE 3rd Street and 75 condominium
units on floors 2 through 5. The retail (ground floor) and residential (2nd and 3rd floor) will around a 3-
level 301 space parking garage. Since over 50% or the ground floor is devoted to vehicular circulation
and parking, the applicant has requested approval to exceed the 48 feet height up to a maximum of 57'
6". Additional background and an analysis of the Conditional Use request are found in the attached
Planning and Zoning Board staff report.
II PLANNING AND ZONING BOARD CONSIDERATION II
At its meeting of January 24, 2005, the Planning and Zoning Board held a public hearing in conjunction
with the request. After discussing the proposal, the Board unanimously voted 4-0 (Kincaide absent, Pike
stepped down) to recommend approval of the height increase for Cityscape based on positive finding
with respect to Chapter 3 (Performance Standards), LDR Sections 2.4.5(E)(5)(Conditional Use Findings),
LDR Section 4.3.4(J)(4)(b), and the policies of the Comprehensive Plan.
II RECOMMENDATION II
Approve the conditional use request to allow a height in excess of 48' (57'-6" proposed) for Cityscape,
by adopting the findings of fact and law contained in the staff report, and finding that the request is
consistent with the Comprehensive Plan and meets criteria set forth in LDR Sections 2.4.5(E)(5), LDR
Section 4.3.4(J)(4)(b), and Chapter 3 of the Land Development Regulations
Attachment: : P&Z Staff Report and Documentation of January 24, 2005
qA
-- - ~---------
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT ---
MEETING DATE: January 24,2005
AGENDA ITEM: IV.C.
ITEM: Conditional Use Request for Cityscape to Allow an Increase in Building Height to
Exceed 48' (57'-6" Proposed) for a Proposed Mixed Use Development at the
Northwest Corner of NE 5th Avenue (Federal Highway) and NE 3rd Street
; ~" GEORGE: ~ au,SH/IBOUlEVARD,-
;.\: ç f-
q~ ~~v
GENERAL DATA: ,,#'- I ~ ~. ~~2-
) ~ ð
Owner/Agent................... Porten Russell, LLC 'ì ~¥':J ~ ~
Q en z~
Location.......................... Northwest Corner of NE 5th Avenue
(Federal Highway) and NE 3rd Street ¡ - --I f--
i N E 5TH CT f-----
Property Size.................. 2.50 acres ! - H ..... PUBLlX '=
H ~- -
- 0 Ö '-
~ z ~_
Future land Use Map..... Commercial Core ST H, : ~ I >=-
- 01 -.... I z-
; , ~:::I IV! WAL- u!=
Current Zoning............... CBD (Central Business District) , - --J II P. GREENS è=
I NE _ 4~ ~
! - ! /I ;..:.-
Adjacent Zoning.... North: CBD (Central Business District) I == ff . .=
East: caD (Central Business District) = i = ~=
-
South: CBD (Central Business District) = ;;/. - ;;i.=
West: CBD-RC (Central Business District - >- ~~;==
Railroad Corridor) ~ ==11/ II' §
Existing land Use.......... Funeral Home (Scobee Ireland ~ rnrrrrrn Jilll ~
Potter Funeral Home), Retail (Native == = ~~ Rtl1 =
Florida Gallery & Single Family == '~f- - _ =HI -
Residence == =- =
f--- Q -
f---¡!¡ . -- -
c--- -
Proposed land Use........ Conditional Use Request for a i ~ £ [= =
Proposed Mixed Use Project Known , f---' _ =::
as Cityscape to Allow an Increase in J HE I LJ _ 2ND a:ITo
Building Height to Exceed 48' for r-- == - ~f~
I- _0 0
(57'-6" Proposed) at the Northwest ~ - - ~ ~rrriTr
(h « - - ° =illL O WJ.J
Corner of NE 5 Avenue (Federal :I: - -~ ~~f--
Highway) and NE 3rd Street. - ';;::= _ðf-- ~25-
~ f----- en ;::¡m- z -
Water Service................. Existing on site. H.E illJ I II 1ST ~ =;
. fT¡ I I r J ~
S S· E· . . I I 4 I ..1 \I t 1 ¡--
ewer ervlce................ xlstlng on site. 1.1"1 II I --I c=
IV.C.
~~~~.~:; :~r:'~~1fi!rBËFlïRÊ··tHE· adÄRff: . .. I
",~r·~-:.: :_ .!\..:,.-t'..",""\, :'C . .:.. ;.;..,.......:..; ..-. . . ..".. ':.
The action before the Board is making a recommendation to the City Commission on
the conditional use request for Cityscape to allow an increase to a maximum height of
60' [LOR Section 4.3.4(J)(4)(b)], pursuant to LOR Section 2.4.5(E).
The property is located at the northwest corner of NE 5th Avenue and NE 3rd Street
(300-362 NE 5th Avenue).
~:'~~:N\~~~fj1tõT:iRij7PRbjÉCT- DesâR1ÞTiON'""· . ':.. I
The development proposal incorporates the properties consisting of Lots 4-14, Block 97
Highland Park subdivision and contains 2.5 acres.
The property contains the Scobee Ireland Potter Funeral Home, Native Florida Gallery
(fka Dee's Alterations), and a single family home. The funeral home was constructed in
1954 and contains 9,227 square feet. The Native Florida Gallery building was
constructed in 1922 and contains 704 square feet. The single family home was built in
1921 and contains 1 ,253 square feet.
A development proposal has been received which involves the relocation of two of the
structures, demolition of the funeral home and construction of a mixed use development
which will include 34,000 square feet of retail on the ground floor fronting NE 5th Avenue
and NE 3rd Street and 75 condominium units on the upper floors. The retail will occupy
a portion of the ground floor and the condominium units will be located on the 2nd floor
through 5th floor. These retail and residential areas will wrap around a three level
parking garage which will provide 301 parking spaces to satisfy the retail and residential
parking requirements of this development. Since over 500/0 or the ground floor is
devoted to vehicular circulation and parking, the applicant has indicated that it became
necessary to exceed the 48 feet height. The applicant is hereby requesting an increase
in building height from 48 feet to 60 feet in accordance with LOR Section 4.3.4(4)(b).
This conditional use application is now before the Board for consideration.
~;i1~;r~~" \~~~~tJR"b'íil()NAl OSÈ"'ANAtVSIS ~ ..: :: _:"aI.. .. . . "~~!1
..." ""
REQUIRED FINDINGS (Chapter 3):
Pursuant to lDR Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which is part
of the official record. This may be achieved through information on the
application, the staff report, or minutes. Findings shall be made by the body,
which has the authority to approve or deny the development application. These
findings relate to Future land Use Map Consistency, Concurrency,
Comprehensive Plan Consistency and Compliance with the lDR's as noted
below.
Planning and Zoning Board Staff Report
Cityscape - Conditional Use Request
Page 2
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.
The subject property has a Future land Use Map designation of CC (Commercial Core)
and is zoned CBD (Central Business District). The CBD zoning district is consistent
with the CC Future land Use Map designation. Pursuant to LOR Section 4.4.13(B)(4),
mixed-use development with a density up to 30 dwelling units per acre is allowed as a
permitted use in the CBD zoning district. Based upon the above, positive findings can
be made with respect to consistency with the Future land Use Map.
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 Comprel1~nsive Plan.
Water and Sewer:
Preliminary water and sewer plans have not been provided with the conditional use
application. However, the following is noted:
» Water service is available to the site via lateral connection to an existing 12" main
along Federal Highway
~ Sewer service is available to the site via lateral connection to existing 8" sewer
mains along the west and south sides of the property.
~ With respect to fire suppression, there is an existing fire hydrant at the northwest
corner of NE 5th Avenue and NE 3rd Street. Additional fire suppression will be
required and will be reviewed as part of the site plan.
Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's
Water Treatment Plant and the South Central County Waste Water Treatment Plant for
the City at build-out. Based upon the above, positive findings can be made with respect
to these levels of service standards subject to the provision of adequate fire
suppression, which will be reviewed as part of the site plan process.
Streets and Traffic:
The applicant provided a traffic impact study for the subject property, which indicates
that the proposed development will generate a net total of 1,784 new average daily
trips. The development results in 158 p.m. peak trips. The traffic impact study is based
on 75 condominium units and 34,000 square feet of retail use. It is noted that the site
plan indicates that 34,310 square feet of commercial floor area is proposed. Therefore,
a condition of approval is attached that the traffic impact study be revised to reflect the
development proposal.
A copy of the traffic study was submitted to the Palm Beach County Traffic Engineering
Division for review with respect to concurrency. The County has not responded to the
traffic study. It is noted that the property is located in the Coastal Residential Exception
Area, which exempts the residential component of the project from the County Traffic
Planning and Zoning Board Staff Report
Cityscape - Conditional Use Request
Page 3
Peñormance Standards (concurrency). The property is also located within the Traffic
Concurrency Exception Area. Staff anticipates that a finding of concurrency will be
made by the County with respect to traffic generation by the nonresidential uses
contained within the proposed development. A condition of approval is that a letter is
provided by the Palm Beach County Traffic Division stating that the proposal complies
with the County's traffic peñormance standards ordinance. Based upon the above, a
positive finding with respect to this level-of-service standard can be made.
Parks and Recreation Facilities:
The Open Space and Recreation Element of the Comprehensive Plan indicates in it's
conclusion that" The City will have sufficient recreation facilities at build-out to meet the
adopted standards". A park impact fee is collected to offset any impacts that the project
may have on the Çity's recreational facilities. Pursuant to LOR Section 5.3.2, a park
impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building
permit for each unit. A total fee of $37,500 will be required of this development for
parks and recreation purposes.
Solid Waste:
Trash generated each year by the 75 condominium units will be 39 tons (0.52 x 75).
The trash generated each year by the 34,000 square feet of retail area will be 173.40
tons (34,000 x 10.2/2000 = 173.40). Per the Solid Waste Authority, the trash generated
by this proposal can be accommodated by existing facilities. Therefore, a positive
finding with respect to this level of service standard can be made.
Drainaae:
Preliminary drainage plans have not been submitted with the conditional use
application. Therefore, a finding of concurrency will have to be made with the site plan
application. There are no problems are anticipated with providing adequate storm water
retention on-site.
School Concurrency:
The application has been transmitted to the School District for their consideration. A
finding of concurrency has been received from the School District of Palm Beach
County.
CONSISTENCY: Compliance with peñormance standards set forth in Chapter 3
and required findings in LDR Section 2.4.5{E) (5) 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 objectives and policies that are relevant to the
Conditional Use application are noted:
Planning and Zoning Board Staff Report
Cityscape - Conditional Use Request
Page 4
Future Land Use Element Obiective A-1: Property shall be developed or
redeveloped in a manner so that the future use and intensity is appropriate and
complies in terms of soil, topographic, and other applicable physical
considerations, is complimentary to adjacent land uses, and fulfills remaining
land use needs.
There are no special physical or environmental characteristics of the land that would be
negatively impacted by the mixed-use development. The property is bordered on the
west side by the FEC railroad right-of-way. The project has been designed utilizing the
recently adopted Downtown Design Guidelines and consequently the fourth and fifth
floors are oriented toward the west side of the property. These floors are setback from
Federal Highway 50' 1" and approximately 175' from NE 3rd Street. Consequently, the
portiqn of the development along Federal Highway and NE 3rd Street is 37' high. This
design is complimentary to the 3-story San Sebastian townhouse development to the
south.
As noted in the background section of this report, there are two existing houses on the
subject that were constructed in 1921 and 1922 and are contributing buildings. Steps
should be taken by the applicant to ensure that these structures are relocated
elsewhere in the City in order to preserve this piece of the City's history.
Housina Obiective A-12: To assist residents of the City in maintaining and
enhancing their neighborhood environment, the City shall take steps to ensure
that modifications in and around the neighborhood do not lead to its decline,
such as those described in the following policies.
Housina Policy A-12.3: In evaluating proposals for -new development or
redevelopment, the City shall consider the effect that the proposal will have on
the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic
volumes and circulation patterns shall be reviewed in terms of their potential to
negatively impact the safety, habitability and stability of residential areas. If it is
determined that a proposed development will result in a degradation of any
neighborhood, the project shall be modified accordingly or denied.
As noted above, the proposed increase in height will not create an additional impact on
the surrounding neighborhood. The proposed development has significantly increased
the front and side-street setback for the fourth and fifth floors. The result is that the
massing of the building along Federal Highway and NE 3rd Street will be similar to the
surrounding neighborhood. It is noted that the increase in height does not increase the
intensity of the development since the residential density could be accommodated in 4-
stories if the setbacks were decreased to the minimums allowed. The increase in
building height will not adversely affect the traffic volumes and circulation in the
neighborhood. Impacts due to traffic generation will be considered by the Site Plan
Review and Appearance Board as part of the site plan review process.
Planning and Zoning Board Staff Report
Cityscape - Conditional Use Request
Page 5
REQUIRED FINDINGS RELATING TO INCREASE IN HEIGHT:
Pursuant to LOR Section 4.3.4(K), the maximum height of structures in the CBO zoning
district is 48'. Pursuant to LOR Section 4.3.4(J)(1), height is defined as the vertical
distance from grade to the highest finished roof surface of a flat roof or to the mean
level between eaves and ridge for gable, hip, or gambrel roofs. For buildings adjoining
more than one street, the grade is established as the average of the mean elevation of
the crown of the adjoining streets. Based on a mean elevation of 14.80' for Federal
Highway and NE 3rd Street the proposed building is approximately 57' 6" high.
Pursuant to LDR Section 4.3.4(J)(4)(b)(i)(9), an increase to a maximum height of
60' may be approved by the City Commission as a conditional use for property
within the Central Core portion of the CBD (Central Business District). The City
Commission may approve an increase in height to a maximum height of 60'
based upon a finding of compliance with each of the enumerated criteria listed
below. (Note: The following criteria are those that were in effect at the time of the
submittal of the conditional use application. The City Commission has since
approved modifications that include provisions for work force housing and
minimum non-residential ground floor frontage).
(ii) That the increase in height will not provide for, nor accommodate, an increase
in the floor area (within the structure) beyond that which could be
accommodated by development which adheres to a height limitation of 48',
except for the following situations:
(1) An increase in intensity is allowed when the increase from 48' to 60' is
for the purpose of accommodating residential use on the top floor of the
structure; however, the increase in intensity is only for the added
residential use area;
The increase in height is requested to accommodate residential uses on the
top floor of the structure, thereby meeting this requirement. It is noted that
due to increasing the building setback for the fifth floor the intensity of the
development is not being increased since these units could be relocated to
the fourth floor if the minimal setbacks were provided.
(iii)That the increase in height is based on or will result in one or more of the
following:
(1) A demonstrable need that, in order to accommodate the nature of a
particular use or a particular matter or type of construction, a greater
than normal space between floors or height of story is necessary;
(2) That 75% or greater of an area of the ground floor is devoted to parking
and vehicular traffic circulation; or
(3) That for each foot in height above 48', an additional building setback of
two feet (2') is provided from the building setback lines which would be
Planning and Zoning Board Staff Report
Cityscape - Conditional Use Request
Page 6
established for a 48' tall structure. The additional setback is required
from all setback lines (i.e., front, side, and rear) for the portion of the
building that extends above 48 feet. In lieu of this setback requirement,
buildings in the CBD zone shall adhere to the setback requirements of
that district.
The following table identifies the setbacks of the CBD (Central Business District)
for that portion of the building that extends above 48':
" ..... ..'. '''.' .... "." .... ~ .,-; ;".' ''' ~'''~~$;:'. w-:lJ4...... Standard Provided
'::1 . .... .. .",.. -- --------- - --- -.-- .....------.-
29' minimum 50' 1"
41' minimum 50' 1"
41' minimum 175'
--
A' minimum 1 '
10' minimum 10'
The proposed 57.5'-high building would be required to provide an additional 19'
setback from each property line if the 2' rule were applied. As noted in the table
above, the proposed building does not provide the additional 19' setback from all
property lines. However, that portion of the building above 48' meets or exceeds
the minimum setback requirements of the newly adopted Design Guidelines for
the CBD zoning district. Therefore, the proposed increase in building height can
be based on a positive finding with LOR Section 4.3.4(J)(4)(b)(iii)(3) given the
adherence to the setback requirements of the CBD.
LDR SECTION 2.4.5(E} - REQUIRED FINDINGS:
Pursuant to LDR Section 2.4.5(E) (5), 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 subject property is bordered to the north, south, and east by CBD zoning and CBD-
RC (Central Business District - Railroad Corridor) to the west. The adjacent land uses
include: to the north a gas station; to the south an office and multiple family residential
(San Sebastian); to the east is commercial (primarily office across Federal Highway);
and light industrial to the west (across the FEC railroad right-af-way).
As noted previously, the applicant has designed the project such that the massing af the
building is reduced along Federal Highway and NE 3rd Street by increasing the setbacks
Planning and Zoning Board Staff Report
Cityscape - Conditional Use Request
Page 7
along these streets. The massing of the project will be similar to the three-story San
Sebastian project when viewed from the street level. The fourth and fifth stories have
been located along the west side of the property, adjacent to the railroad tracks. Based
on this development concept, approval of the conditional use for an increase in height
would not have a detrimental effect on the neighborhood. Furthermore, the
redevelopment of the underutilized properties will likely stimulate further redevelopment
of nearby properties by introducing new residents and commercial opportunities.
Based upon the above, positive findings can be made with respect to LOR Section'
2.4.5(E) (5) for the conditional request to increase the building height to a maximum of
60' (57' 6" proposed).
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
In conjunction with the Conditional Use request a sketch plan was submitted
which staff has reviewed. It is noted that the conceptual plan is insufficient to
conduct a complete analysis of the Land Development Regulations. If the
Conditional Use is approved, a full site plan submittal complying with LOR
Section 2.4.3 will be required. Based upon staff's review of the sketch plan and
site inspections, the following analysis is provided.
Density:
Pursuant to LOR Section 4.4.13(B)(4), the maximum allowed permitted density in the
CBO zoning district is 30 dwelling units per acre. The conceptual plan indicates that the
subject property consists of 2.5 acres, which results in a density of 30 dwelling units per
acre. However, according to the survey it appears that the property contains 2.486
acres, which results in a density of 30.168 dwelling units per acre. A density greater
than 30 dwelling units per acre is not an allowed use in the CBO zoning district north of
NE 2nd Street. Consequently, pending resolution of the acreage issue the development
proposal may need to be modified to reduce the density.
Parking Requirements:
Pursuant to LDR Section 4.6.9(C)(3)(a), the required parking for general commercial
floor area is 4.5 parking spaces per 1,000 square feet of gross floor area. The
conceptual plan indicates that parking is provided based on a ratio of 1 space per 300
square feet of gross floor area. Furthermore, the City typically requires that at least 1
parking space is reserved for each residential unit when shared parking is proposed.
Based on the correct parking calculation for the commercial floor area and reserving 1
space per unit, the proposed development is required to provide 289 parking spaces.
The proposed development exceeds this requirement since 301 parking spaces are
proposed.
Right-of-Way Dedication:
Pursuant to LOR Section 5.3.1 (0)(2), the required alley width is 20' or the existing
dominant width. The existing alley adjacent to the west side of the subject property is
Planning and Zoning Board Staff Report
Cityscape - Conditional Use Request
Page 8
16' wide. In order to provide adequate maneuvering area within this alley a dedication
of 4' will be required and will be addressed during the site plan process.
Setbacks:
Pursuant to LDR Section 4.4.13(F)(3)(i), the same standards that apply to front property
line shall apply to the first 60' of the building facing the side street property line. A 10'
minimum setback is required for 70% minimum to 90% maximum of the building
between finished grade and 25' is required along NE 3rd Street. The conceptual plan
indicates that a 5' setback is provided for the entire length of the building frontage along
NE 3rd Street.
Architectural Changes:
Pursuant to LDR Section 4.6.18(B)(14)(v), buildings subject to the Downtown Design
Guidelines are required to provide a change in roof design, doors and window rhythm
and articulation, and building materials or textures every 150' of building frontage. The
proposed elevations fronting on Federal Highway do not provide the required variations.
Additional architectural treatments must be provided and will be reviewed by the Site
Plan Review and Appearance Board as part of the site plan application. The building
elevations will also need to provide additional architectural treatments for the fourth and
fifth floors.
Secondary Access:
The parking garage has only one access point from Federal Highway. I n order to
provide better access to the parking garage and better disperse the vehicles onto the
surrounding road network another driveway needs to be provided along the alley at the
northwest corner of the property. This issue will be addressed during the site plan
review process.
IEW "BY citHËR~·,i· - $... ..:$' .," .:.: I.'.;.. . ..~, '. .t":'~.... .. :
. .. .. -: ';. . ,::r·· ·~:r~!~ ~.:.~; :... :. ::' -:. ~.~J~ 1~:~i;·
Community Redevelopment Aaency (CRA):
At its meeting of December 9,2004, the CRA reviewed the conditional use request and
unanimously recommended approval.
Downtown Development Authority:
At its meeting of January 10, 2005, the DDA reviewed the conditional use and
recommended 4-1 approval.
Site Plan Review and Appearance Board:
If the Conditional Use request is approved, a site plan application will be processed for
the development proposal, with final action by SPRAB.
Planning and Zoning Board Staff Report
Cityscape - Conditional Use Request
Page 9
Courtesy Notice:
Courtesy notices have been provided to the following homeowner's associations and
interested parties, which have requested notice of developments in their areas:
~ Progressive Residents of Delray (PROD)
~ President's Council
~ Delray Beach Chamber of Commerce
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. Letters of support or objection, if any, will be presented at the
Planning and Zoning Board meeting.
The proposed conditional use is to allow an increase of the building height in excess of
48' (57'-6" proposed). The increase in height is in part due to the applicants provision of
setbacks over those required for the front and side street, which results in the reduction
of the massing of the building. This will reduce the massing of the building on Federal
Highway and NE 3rd Street. It is noted that the fourth and fifth floors do not have the
same architectural elements of the lower floors and that additional treatment is needed.
Despite the reduced visibility of these floors, additional architectural treatments need to
be provided for aesthetic compatibility. With redevelopment of the site it is noted that
there are two existing buildings on the property that were constructed in 1921 and 1922
and all efforts should be made to save and relocate these resources elsewhere in the
City.
As described in this staff report, the request for additional height meets the criteria
established in 4.3.4(J)(4)(b). The proposed use is consistent with the objectives and
policies of the Comprehensive Plan and Chapter 3 of the LOR. Positive findings can be
made with respect to LOR Section 2.4.5(E)(5) regarding compatibility of the proposed
development with the surrounding properties regarding the requested increase in
building height.
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the conditional use
request to allow for a building height in excess of 48' (57'-6" proposed) for
Cityscape, by adopting the findings of fact and law contained in the staff report, and
finding that the request is consistent with the Comprehensive Plan and meets criteria
set forth in Section 2.4.5(E)(5), 4.3.4(J)(4 )(b), and Chapter 3 of the Land
Development Regulations.
Planning and Zoning Board Staff Report
Cityscape - Conditional Use Request
Page 10
C. Move a recommendation of denial to the City Commission for the conditional use
request for a building height in excess of 48' (57'-6" proposed) for Cityscape, by not
adopting the findings of fact and law contained in the staff report, and find that the
request is inconsistent with the Comprehensive Plan and does not meet criteria set
forth in Section 2.4.5(E)(5), 4.3.4(J)(4)(b), and Chapter 3 of the Land Development
Regulations.
Move a recommendation of approval to the City Commission for the conditional use
request to allow a height in excess of 48' (57' 6" proposed) for Cityscape, by adopting
the findings of fact and law contained in the staff report, and finding that the request is
consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E)
(5), 4.3.4(J)(4)(b), and Chapter 3 of the Land Development Regulations, subject to the
following condition:
1. That the traffic impact statement be revised to reflect the development proposal with
respect to commercial floor area (34,310 square feet) and that a letter is provided by
the Palm Beach County Traffic Division stating that the proposal complies with the
County's traffic performance standards ordinance.
Attachments:
. Conceptual Plan
. Location Map
Report prepared by: Scott D. Pape. Senior Planner
<3
~
~
("'\
^
"V
>
;u
^
2
G"I
~ ~ ~
'" '" '"
~ ~ ~
z z z
;::j -I -f
~ ~ ~
c c c
:z :z :z
=t =t =t
n n n
0 ~ 0
'" '"
'" '"
I
1/
i II
;u ;;0 I ~
m m /'
II) II} --Jf~~-
-~- 6 --- SETBACK
-m- ---
:z :z /'
- -I
~ ~ /'
/ ¡ Ut /'
C c: /'
:z :z / I~ /'
=t =t
/ -, /' VI
~
I I/,( ,-
q,
~-t-- r-f SElBACK
-- ~--- ~
I 1 I Ô ~
, I I'--
I q,
- ,- I PROPERTY UHE
I I I
I I I
/ I I I
/ I I I
/ I I I
/ I I I
/ I I !
/ I I I
/ I I I
/ I I I
I I I
I I I
I I I
I I I
I I /
I I I
I I I
I I I
I I I
I r I
H'-St I 10'-St 10'-81' I
I I $;. I.
I I I .,.i..~;'':
I I I
I I I
I
... G"I mN m4.. ~~ ~ð
~Ig r- :z 5i
~o ~~
. " ~6
~:z ~8 ~g ;j/
~o
ðIs ~;n ~~ ~i ~ I
I~ I I I
.I> I I I /
It! I~ I~ I~
r-< q lèi Iq
~I~ I~
~lfJ Iffi I¡::¡ Iffi Iffi
~I~ I~ 15 I~ I~
-0 -f I~
I::;: Ie e Ie Ie
I~ :z I~ :z I~
1m 1m
I~
I~
':!t
i
I I
t --
/ . ðWI
, --- - -
I
1
I
I
!/
~/
"t
~
t;/
~f
~ !
T j
.t::.
~
GI
0-
f g
I '0
C
.3
I
I
t- ~
-- C
.1:
-am- I
c
g.
.cW
C'
- __ _. ~ I ~. Wii !
a.~ i
- -.- « -~
-+ (J~ ~
(f.) ~ i:!
-- >->-:
I-~ ~
-....€
(J~cf
-g
- ..
Ë
aI
<'
~
I
GI
CD
~
c
- --- I
ë
GI
ë
I !.
§
I
-- - I
- -
I
- I
N£ 3RD - STR££T
-
_ f-J'~~ ~ u f~E I J 17~/ I Ilrl
lLX~ O~~o '\
~N'E' 6TH ST. <¢C ~ z ACURA u.i
D ". -':::> ->f---
v 0 0 OF <
v" tJ ~ m OELRAY z ~
~ y t- I
.f O~'t':::> ~ BEACH - -
'v ~ 0 0
a (J) Z -
N.E. 5TH TERR. Q:" N.E. 6TH_
HI") ,....-- r-- :I:
f----- - f-- X>
-
o ----
~ I--- -j r--- - - f----
f----- - _
&<v N.E. 5TH CT. r - - f----LJ
~ z¡
- H r PUBLlX N.E. 5TH ST
,-- .
v'" -j ~.-- - --
~~/ì - ~ ò - Ò-- f---
~«)U f? Z Z--
E 5 -J --
N. . TH ST. ~ >-. '>--- _
!i[ I >- - -
- - - h) 0/ I-- -f--
. ujr ui >-- . - - - i------
. t.u./ w:' '^L (J)
W ;i 1...../ ::> 1"1 -.- . - ~
- -z- 7 -l ~ GREENS:::> r--- - f--
t I -----; ~ f-----
N.E. 4 TH ~L..---.....- '--- -- ----=-' '--- --
- ---. I , 'I ~ - -2L----,
POST --I I \:;
OFFICE '----- -----< ----< , r - <t ----I ~ _
__ ----< I -- --« -
--, ~. ~.- - - - -
--- -
, --
-- -- - I _I -
-- -- - -¡ - --
- , ---
-- .--.- ;J. ;J.----
--w ~--~_ ~--~__
- t--- >« « « WI---- W
f-- / C f--- C f-- I----- I-- f-----
-- f-- II w-~w_i______-I----
_ _ I--- _ _ ~ I.L. I.L.
_ ~ - i______ - f-----
- - I--- f----- ~
_ ~ - - -f---I
-- ~I---- ~ ___I-----~
~'--- - -
_~ 3RD ~
=~:=:= == f i- == III I
- f---- f-- f----- ~ ' - I----- - ~
- f---- f---- f--- i______ f---- g:
= :== == 0 J'-----r~ >---- f----- ~ - f---- f
_ L.....- t- a:: -- - -
(/) f---- t") - ..J f-----
hJ ~ - -~ ~ ! I If- = = - I ~ ,]
II - -r----z ~ , I --
'"-- '--- '--- '---- I '--- _
_ N.E. 2ND ST.
,......, ~ f / - -----. ~ ----.. lIIIID-
~ I == - == ~------'
--w I -_0 0-
> a w- z-r----z - ~
-;-- 0-_ ~ > -::> ::>nm
~ w èr·¡ « - _of---- =::JTìIO -
- ~ _ a) -HiLa)
~ .£ <:( I -I -J'u-r-I- - N.E. 15 CT.
a.. Q:" - f- ~ LL.. t- I
~ - ::> - =¡;IT: a:= - -
W <-5 -0 =1'rn-0
I.J..! ~ LJ - (J) ---jlll Z-
- - z a.. 1.1 I II ~ ~ - - = r~ C
N
CITYSCAPE
aTY OF DElRAY BEACH. Fl
PLANNING & ZONING DEPARTMENT
-- DIGITAL BASE UAP SYSTEM -- MAP REF: UA804
~
II CITY COMMISSION DOCUMENTATION II
TO: D T. HA
~
THRU: \~~ "'- lOR OF PLANNING & ZONING
FROM: LIO BRE 0, NIOR PLANNER
SUBJECT: MEETING OF FEBRUARY 1, 2005
CONDITIONAL USE REQUEST TO ALLOW A DENSITY OVER 30 UNITS PER
ACRE (42.7 DUlAC IS PROPOSED) AND A BUILDING HEIGHT IN EXCESS OF 48
FEET (57'·7" IS PROPOSED) WITHIN THE CBD (CENTRAL BUSINESS
DISTRICT). THE REQUEST IS IN CONJUNCTION WITH THE STRAND, A MIXED-
USE DEVELOPMENT INCLUDING 134 RESIDENTIAL UNITS AND 28,820 SQ. FT.
OF OFFICE, RETAIL, AND RESTAURANT USE TO BE LOCATED ON THE NORTH
AND SOUTH SIDE OF S.E. 1ST STREET BETWEEN S.E. 3RD AVENUE AND THE
FEC RAILROAD (APPROXIMATELY 3.25 ACRES)'
II BACKGROUND II
This proposal includes the construction of a five-story mixed-use building with 19,572 sq. ft. of retail
floor area, 6,245 sq. ft. of office area, and 3,003 sq. ft. of restaurant area and 134 residential units. The
development will wrap around a 299 space two level parking garage. The proposal also includes
installation of thirty five (35) parallel off-street parking spaces. Residential density within the CBD
District (Central Business District) may be increased over 30 units per acre and building height may
be increased in excess of 48' feet as a conditional use. The proposed residential density is 42.7
dwelling units per acre and the proposed height is 57'-7"; therefore, a conditional use approval for
both increased density and increased height is requested. A detailed description and analysis of the
proposal is contained within the attached Planning and Zoning Board staff report.
II PLANNING AND ZONING BOARD CONSIDERATION II
At its meeting of January 24, 2005, the Planning and Zoning Board held a public hearing in
conjunction with the Conditional Use request. Presentations were made by staff and the applicant.
After discussion, the Board voted (3-1) in favor of the Conditional Use request to allow a density of
42.7 units per acre, and to allow a height of 57'-7" based upon findings of fact and law contained in
the staff report, and finding that the request and approval thereof is consistent with the Comprehensive
Plan and meets criteria set forth in Sections 2.4.5(E) (5), 4.4.13(1), 4.3.4(J) (4) (b), and Chapter 3 of the
Land Development Regulations.
II RECOMMENDED ACTION II
Approve the request for Conditional Use approval for The Strand, based upon the findings and
recommendations of the Planning and Zoning Board.
Attachments: Planning & Zoning Staff Report for January 24,2005 Meeting
90
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT ---
MEETING DATE: January 24,2005
AGENDA ITEM: IV. D.
ITEM: Conditional Use Requests to Allow a Mixed-Use Building Having a Height in
Excess ot 48' (57'-7" is Proposed) and to Allow a Density in Excess ot 30 Units
Per Acre (42.7 du/ac is Proposed) within the Central Business District (CBD), tor
The Strand Development (Quasi-Judicial Hearing).
:;: ~J '~ ~ =
<.: ~I-- -
<I-- _
cr~ ::=-
I--
~ 1---
~ flJ Iii: r--
GENERAL DATA: NE 1ST' I! ST
In ,...-
Is:'
< I ~
Owner...... ... ... ..................... The Strand Delray, LLC ~f-\ \ ~ ~
Agent. . . .. . . . .. .. . . . .. . .. . . . .. .. .. .. I ronwood Properties ~ : s ~
Applicant.. .. . .. .. .. .. .. .. .. .. .. . ... I ronwood Properties ~ ---, -
Between SE 1 st Street and SE 2nd SQUARE ~DIJJJLJI]I III: I ! I ¡ Iz ¡ i i ~
Street A T LAN TIC A V E N U E
Property Size......................... 3.25 Acres I : I .: nTTTl ! I L[]' ¡I!
Current FLUM Designation.... Commercial Core (CC) ~. i· UillJJ ' ,I i_
Cu~rent Zoni~g................... Central Business District (CBD) ~ ~~~~ ~II ~ =
Adjacent ZOning..... North: CBD ~, ~_
South: Central Business District-Railroad ~ < ~ I < r-
Corridor (CBD-RC) = TI < i J r-
East: CBD S E 1ST ST '--
r-- .----
. . West: CBD-RC. I III r-- c--~ j¡!
EXisting Land Use................. Temporary Parking Lot =; - _N c---- _
Proposed Land Use.............. Mixed-Use - - - w I-- -
.. . - -_ f-------
(Residential and Retail) == __ _ (I) I-- _
Water Service....................... Available via service lateral - - J = :=
connections to an existing 6" = - - --- -
water main within the SE 3rd -SE - - '--2ND ~:
Avenue right-ot-way. " I , i
Sewer Service....................... Available via service lateral ; ~ .. '"ïF- ==,., v = =
connections to an existing 8" 3/ - - ~
sewer main within the SE 3rd -~': = =
~ '~/ --
Avenue right-ot-way. : </ - -
---r- I If-
S E l 3RD ST L-
r--=-o
--
I--- 0 I---
f-------, -~ -
- -
- -
w- w w w-
(I) ---, '---- (I) (I) (I) -
---- -
1 j 1 r\.1 -
:=:rEw· ! I ¡4TH I i ¡ ~TL
==; ! r---r--¡ ¡ \ l.liJ I------t ~
IV. D.
I ITEM BEFORE THE BOARD I
The action before the Board is making a recommendation to the City Commission on the
following requests for conditional use approval pursuant to Land Development Regulations
(LDR) Section 2.4.5(E):
o To allow an increase to a maximum height of 60' (57'-7" proposed) [LDR Section
4.3.4(J) (4) (b)]; and
o To allow a density exceeding 30 dwelling units per acre (42.7 du/ac proposed) in the
Central Business District (CBD) [LDR Section 4.4.13(D) (15)].
The requests are in conjunction with The Strand, a proposed mixed-use development located at
the intersection of SE 1st Street and SE 3rd Avenue (approximately 3.25 acres).
I BACKGROUND I
The proposal involves a 3.25 acres site which includes all that portion of Block 86 lying east of
the F.E.C. Railway right-of-way (2.42 acres) and the north Block 85 lying east of the F.E.C.
Railway right-of-way (0.83 acres).
A portion of the property was previously leased by the City from the F.E.C. Railway for a 40
space public parking lot (north end). I n October 1997, the lease between the City and the
F.E.C. Railway was terminated as the property was to be sold. Subsequent to the sale of the
property, at its meeting of October 20, 1998, the City Commission approved a temporary
parking lot permit request for the Milagro Center at the property. The proposal included the
installation of a 191-space temporary parking lot (162 gravel spaces, 29 asphalt spaces) with
associated site lighting and perimeter landscaping. The temporary parking lot was to be used
by the Milagro Center (101 SE 2nd Avenue) and by the general public at the owner's discretion.
Pursuant to LDR Section 2.4.6(H), permits for temporary parking lots are valid for only one (1)
year. Renewal permits were issued on two (2) occasions, ultimately expiring on October 20,
2001. These most recent improvements to the site still remain.
At its meeting of June 21, 2004, the Planning and Zoning Board approved requests for a FLUM
amendment from Community Facilities-Recreation (CF-R) to Commercial Core (CC) and
rezoning from Community Facilities (CF) to Central Business District (CBD). These requests
were submitted in order to accommodate the construction of a mixed-use development
containing ground floor retail floor area and condominium residences above.
At its meeting of July 6, 2004, the City Commission approved a privately sponsored request for
a small scale FLUM amendment from Community Facilities-Recreation (CF-R) to Commercial
Core (CC) and rezoning from Community Facilities (CF) to Central Business District (CBD).
A conditional use application has been submitted for an increase in building height up to 57'-7"
and also an increase in density to 42.7 units per acre. This conditional use application is now
before the Board for consideration.
The development proposal incorporates the following:
o Construction of a five-story mixed-use building with 19,572 square feet of retail floor
area, 6,245 square feet of office area, and 3,003 square feet of restaurant area, a
Planning and Zoning Board Staff Report: Meeting 01/24/05
Conditional Use Requests for The Strand
Page 2
176 space parking garage on the basement; a 123 space parking garage on the
ground level; and residential dwelling units on the second, third, fourth and fifth levels
(134 dwelling units in total);
o Installation of swimming pool, deck, club house, and restrooms located on the
southwest corner of the site;
o Installation of two loading areas, one located to the south of the property along SE 2nd
Street and the other on the northeast side of the property along SE 3rd Avenue;
o Installation of thirty five (35) parallel off-street parking spaces. Twenty five spaces
(25) along SE 3rd Avenue, five (5) spaces along SE 1st Street, and four spaces (4)
along SE 2nd Street; and
o Installation of pavers sidewalks, walkways, and associated landscaping.
I CONDITIONAL USE ANAL YSIS I
REQUIRED FINDINGS (Chapter 3):
Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development
applications, certain findings must be made in a form which is part of the official record.
This may be achieved through information on the application, the staff report, or
minutes. Findings shall be made by the body, which has the authority to approve or
deny the development application. These findings relate to the 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.
The subject property has a Future Land Use Map (FLUM) designation of Commercial Core (CC)
and a zoning designation of CBO-RC, which are consistent with one another. Pursuant to LOR
Section 4.4.13(0) (15), multiple-family dwelling units, excluding duplexes, are permitted through
the conditional use approval process at a density greater than 30 units per acre on property
located south of NE 2nd Street and north of SE 2nd Street, subject to the standards and
limitations of LOR Section 4.4.13(1). As discussed later in this report, positive findings can be
made with respect to the referenced performance standards; thus positive findings can be made
with respect to FLUM consistency.
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.
Orainaae: Preliminary drainage plans were submitted and indicate that drainage will be
accommodated via floor drains on the main and basement level of the parking garage that will
then drain to an exfiltration trench system. There are no problems anticipated in accommodating
on-site drainage; however, the Engineering Department does have technical comments
regarding drainage that will need to be addressed at the time of site plan approval. Based upon
the above, positive findings with respect to this level of service standard can be made.
Parks and Open Space: The Open Space and Recreation Element of the City's Comprehensive
Plan indicates in its' conclusion that "The City will have sufficient recreation facilities at build-out
to meet the adopted standards". A park impact fee is collected to offset any impacts that the
project may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park
Planning and Zoning Board Staff Report: Meeting 01/24/05
Conditional Use Requests for The Strand
Page 3
impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for
each unit. A total fee of $67,000 will be required of this development for parks and recreation
purposes.
Solid Waste: The proposed 134 dwelling units will generate 69.68 tons of solid waste per year
(134 units x 0.52 tons = 69.68 tons); the 19,572 square feet of retail floor area will generate
99.81 tons of solid waste per year (19,572 sq. ft. x 10.2 Ibs. / 2,000 = 99.81 tons); the 6,245
square feet of office area will generate 16.86 tons of solid waste per year (6,245 x 5.4 Ibs. /
2,000 = 16.86); the 3,003 square feet of restaurant area will generate 44.29 tons of solid waste
per year (3.003 x 29.5 Ibs / 2000 = 44.29 tons), a total of 230.64 tons per year. The Solid
Waste Authority has indicated that its facilities have sufficient capacity to handle all
development proposals till the year 2021, thus a positive finding with respect to this level of
service standard can be made.
Streets and Traffic: The subject property is located within the City's Transportation Concurrency
Exception Area (TCEA), which encompasses the CBO, CBO-RC, OSSHAO, and West Atlantic
Avenue Business Corridor. The TCEA exempts the above-described areas from complying with
the Palm Beach County Traffic Performance Standards Ordinance. Therefore, a traffic study is
not required for concurrency purposes; however a traffic statement is necessary to keep a
record of trips approved in the TCEA and for calculation of traffic impact fees. A traffic
statement was submitted for the generation of 92 AM peak hour trips and 187 PM peak hour
trips.
Water and Sewer: Water service is available via service lateral connections to an existing 6"
water main within the southern half of the adjacent SE 3rd Avenue right-of-way and/or an
existing 8" water main within the SE 2nd Street right-of-way. Three (3) fire hydrants presently
exist on the east side of SE 3rd Avenue: at the SE 1 st Street intersection, at the SE 2nd Street
intersection, and midway between these intersections. Sewer service is available via service
lateral connections to an existing 8" sanitary sewer main within the SE 3rd Avenue right-of-way
and/or an existing 12" sanitary sewer main within the SE 2nd Street right-of-way.
Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water
Treatment Plant and the South Central County Waste Water Treatment Plant for the City at
build-out. Based upon the above, positive findings can be made with respect to this level of
service standard.
CONSISTENCY: Compliance with peñormance standards set forth in Chapter 3 and
required findings in LDR Section 2.4.5(E) (5) 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 objectives and policies that are relevant to the Conditional Use
applications are noted:
Future Land Use Element Obiective A-1: Property shall be developed or redeveloped in a
manner so that the future use and intensity is appropriate and complies in terms of soil,
topographic, and other applicable physical considerations, is complimentary to adjacent
land uses, and fulfills remaining land use needs.
Planning and Zoning Board Staff Report: Meeting 01/24/05
Conditional Use Requests for The Strand
Page 4
There are no special physical or environmental characteristics of the land that would be
negatively impacted by the proposed mixed use (residential, retail and office) development. The
development will be complimentary with the surrounding commercial developments and provide
a customer base for the businesses on a year-round basis, which in turn will provide economic
stability and growth for the downtown area.
In terms of fulfilling remaining land use needs, the Housing Element of the Comprehensive Plan
states the following:
"One of the most important objectives of the City's overall housing policy is the
establishment of housing in the downtown area. In the years since adoption of the 1989
Comprehensive Plan the downtown has changed from a somewhat sleepy, seasonally
oriented shopping district to a vibrant year-round retail, service, and entertainment area
with an active nightlife. A critical missing element is a significant housing development.
The City recognizes the importance of providing housing in close proximity to shopping,
employment, and transportation, and the need to have a residential base to support the
businesses in the downtown area".
The proposed Strand development will help to fulfill this stated land use need by providing 134
additional dwelling units to the downtown area in close proximity to shopping and place of work,
and is therefore consistent with this policy.
Future Land Use Element Obiective C-4: The Central Business District (CBD) represents
the essence of what is Delray Beach i.e. a "village like, community by the sea". The
continued revitalization of the CBD is essential to achieving the overall theme of the
City's Comprehensive Plan of "A City Set Apart In South Florida". The following policies
and activities shall be pursued in the achievement of this objective:
Policy C-4.1: The CBD zoning district regulations shall facilitate and encourage
rehabilitation and revitalization and shall, at a minimum, address the following:
o Deletion of inappropriate uses;
o Incentives for locating retail on the ground floor with office and residential use
on upper floors;
o Accommodating parking needs through innovative actions;
o Incentives for dinner theaters, playhouses, and other family oriented activities;
o Allowing and facilitating outdoor cafes;
o Incentives for mixed use development and rehabilitation;
o Elimination of side yard setback requirements; and
o Allow structural overhang encroachments into required yard areas.
The development proposal will locate 134 residential dwelling units of various floor plans and
sizes within the downtown area. The residents of these dwellings will be able to walk to shops,
restaurants, cultural areas and parks. They will interact on a regular basis with the storekeepers
and employees, and their neighbors. They will get to know the downtown much more intimately
than the majority of Oelray residents. They will play a major role as participants in, and
contributors to, the downtown area community. The Strand development proposal is consistent
with Future Land Use Element Policy C-4.1 as it will facilitate the continued rehabilitation and
dynamic revitalization of the CSO zoning district.
Transportation Element Policy A-1.3: The City endorses the continued operations of the
Palm Tran Transit System and its operations in Delray Beach, and through policies of
this Element related to the TCEA, will coordinate with Palm Tran to improve the system.
Planning and Zoning Board Staff Report: Meeting 01/24/05
Conditional Use Requests for The Strand
Page 5
Given the potential impacts the proposed residential development will have on the surrounding
road network and the location of a Palm Tran bus stop at the southeast corner of SE 1st Avenue
and SE 1st Street (one block to the west), it is appropriate that the development contribute
toward the provision of a bus shelter at this location. Thus, it is attached as a condition of
approval that a contribution of $7,500 (approximately half the cost of a shelter) is paid prior to
certification of the site plan for the development. Subject to this condition of approval being
addressed, the development will comply with Transportation Element Policy A-1.3.
Transportation Element Policy D-2.2: Bicycle parking and facilities shall be required on
all new development and redevelopment. Particular emphasis is to be placed on
development within the TCEA Area.
The development proposal does accommodate a typical bicycle parking facility (i.e. bike rack)
on site; however additional bicycle parking for the existing officelretail uses on the south building
should be provided. Therefore, an additional bike rack should be located adjacent to the most
southern entrance/lobby area of the south building and is attached as a condition of approval.
Subject to this condition being addressed, the development will comply with Transportation
Element Policy 0-2.2.
Open Space and Recreation Element Policy A-3.1: Tot lots and recreation areas serving
children from toddlers to teens, shall be a feature of all new housing developments as
part of the design to accommodate households having a range of ages. This
requirement may be waived or modified for residential developments located in the
downtown area and for infill projects having fewer than 25 units.
This policy may be waived for projects in the downtown because the City recognizes that
households located in the downtown are likely to have fewer children than those located in
suburban settings. Further, land in the downtown is at a premium and it can be cost prohibitive
to provide recreational features such as tennis courts, volleyball courts, etc. However, the
proposed development does provide some recreational facilities to its residents, such as a
swimming pool and a condo-club house. However, pursuant to LOR Section 4.4.13(I)(2)(e), an
exercise room should be provided within the condo-club house, and thus, is attached as a
condition of approval.
Some of the recreational, cultural and open space opportunities located in proximity to the
Strand development include: Veteran's Park, which includes a large playground and
recreational area; the Municipal Beach, the Osceola Park Currie Commons which includes a
baseball field and playground, the City's Tennis Center, and Old School Square Cultural Center.
As playground areas are located close by (Veteran's Park and Osceola Park Currie Commons)
and other facilities that can be utilized by children, such as the pool, the intent of this policy will
be met. Based on the above, and subject to the condition of approval being addressed, it is
appropriate to waive in part (tot lot) this requirement to provide these services entirely on site.
Housina Element Obiective B-2: Redevelopment and the development of new land shall
result in the provision of a variety of housing types which shall continue to
accommodate the diverse makeup of the City's demographic profile, and meet the
housing needs identified in this Element. Policies, which will implement this objective,
include:
Housina Element Policy B-2.2: The development of new adult oriented communities
within the City is discouraged. New housing developments shall be designed to
accommodate households having a range of ages, especially families with children, and
Planning and Zoning Board Staff Report: Meeting 01/24/05
Conditional Use Requests for The Strand
Page 6
shall be required to provide three (3) and four (4) bedroom units and activity areas for
children ranging from toddlers to teens. This requirement may be waived or modified for
residential development located in the downtown area and for infill projects having fewer
than 25 units.
This development will not be restricted to occupancy by adults only. However, it is
acknowledged that downtown dwellings are not typically occupied by families with children. The
proposed development will primarily accommodate young and middle-age professionals. The
development will provide a mix of studio units, one (1), and two (2) bedroom units. As allowed
by this policy, it is appropriate that there not be a requirement to provide three (3) and four (4)
bedroom units and specific activity areas for children for those residential development located
in the downtown area.
Housina Element Policy B-2.6: Housing in and near the downtown area, in close
proximity to employment opportunities and services, is a critical need. In order to help
stimulate demand for new housing in and around the Central Business District, the
development of new rental housing projects outside of the TCEA and North Federal
Highway area is discouraged.
The development proposal is consistent with Housing Element Policy B-2.6 as it provides the
desired type of residential development within the CBO.
Housina Obiective A-12: To assist residents of the City in maintaining and enhancing
their neighborhood environment, the City shall take steps to ensure that modifications in
and around the neighborhood do not lead to its decline, such as those described in the
following policies.
Housina Policy A-12.3: In evaluating proposals for new development or redevelopment,
the City shall consider the effect that the proposal will have on the stability of nearby
neig h borhoods. Factors such as noise, odors, dust, traffic volumes and circulation
patterns shall be reviewed in terms of their potential to negatively impact the safety,
habitability and stability of residential areas. If it is determined that a proposed
development will result in a degradation of any neighborhood, the project shall be
modified accordingly or denied.
As noted previously, the residents of this development will aid in the revitalization and economic
stability of the downtown area. However, the introduction of additional residential dwelling units
will increase safety of the area by introducing more night time activity and more "eyes on the
street" as a deterrent to criminal behavior. Based upon the above, the development proposal
will be consistent with Housing Policy A-12.3.
REQUIRED FINDINGS RELATING TO INCREASE IN HEIGHT:
Structures in the CBO may generally be no more than 48' high, unless conditional use approval
is granted to exceed this standard to a maximum of 60'. Height is measured from the crown of
the road to the top of a flat roof, or to the midpoint of a pitched roof. The proposed mixed-use
structure has a mixture of hip and gable roofs with the maximum height measuring 57'-7".
Pursuant to LDR Section 4.3.4(J) (4) (b), the City Commission may approve an increase in
height to a maximum height of 60' pursuant to the processing of a conditional use
request and based upon a finding of compliance with each of the enumerated criteria
listed below.
Planning and Zoning Board Staff Report: Meeting 01/24/05
Conditional Use Requests for The Strand
Page 7
(i) That the structure is to be located in one of the following geographic areas:
(9) Area "I" - all property within the CBD except for property lying east of the
Intracoastal Waterway.
The subject property is zoned CBD and is located west of the Intracoastal Waterway.
(ii) That the increase in height will not provide for, nor accommodate, an increase in the
floor area (within the structure) beyond that which could be accommodated by
development which adheres to a height limitation of 48', except for the following
situations:
(1) An increase in intensity is allowed when the increase from 48' to 60' is for the
purpose of accommodating residential use on the top floor of the structure;
however, the increase in intensity is only for the added residential use area;
The proposed structure consists of four (4) levels of residential dwelling units (for the
south building) and three (3) levels of residential dwelling units (for the north building)
above a two (2) level parking garage (basement and ground level) with 19,572 sq.ft.
of retail area, 6,245 sq.ft. of office area, and 3,003 sq.ft. of restaurant use. The
increase in height will result in more than 50% of the ground floor area devoted to
parking, vehicular traffic and circulation. Thus, the requested increase in height is to
accommodate residential uses on the top floor of the structure rather than the lower
parking levels, which is consistent with this criterion.
(iii) That the increase in height is based on or will result in one or more of the following:
(1) That 50% or greater of an area of the ground floor is devoted to parking and
vehicular traffic circulation; or
(2) That for each foot in height above 48' feet, an additional building setback of
two feet (2') is provided from the building setback lines which would be
established for a 48' foot tall structure. The additional setback is required from
all setback lines (i.e., front, side, and rear) for the portion of the building that
extends above 48 feet. In lieu of this setback requirement, building in the CBD
zone shall adhere to the setback requirements of that district.
The development proposal meets criterion #2, above, as approximately 87%) of the
total ground floor area has been devoted to parking and/or vehicular traffic and
circulation.
A finding of compliance with the enumerated criteria listed above can be made to support the
request to allow the proposed residential structure to exceed the standard 48' height limitation to
a maximum of 57'-7".
In addition to the Conditional Use request for increases in height the applicant is seeking an
increase in density above 30 units per acre (42.7 units per acre). In order to grant the increase
positive findings with respect to LOR Section 4.4.13(1) need to be made.
LDR Section 4.4.13(1) - Performance Standards: These standards shall apply to all
applications for new development and modification of existing developments which
would result in a density greater than 30 dwelling units per acre.
Planning and Zoning Board Staff Report: Meeting 01/24/05
Conditional Use Requests for The Strand
Page 8
(1) The maximum permissible density of a particular project will be established through
the conditional use process, based upon the degree to which the development
complies with the performance standards of this section, the required findings of LDR
Section 2.4.5(E) and other applicable standards of the Comprehensive Plan and Land
Development Regulations. Notwithstanding the above, the approving body may deny
an application for increased density where it is determined that the proposed project
is not compatible in terms of building mass and intensity of use with surrounding
development.
The proposed development consists of 134 residential dwelling units on a 3.25 acre parcel
of land, which results in a density of 42.7 dwelling units per acre. The development is
located in the CBO zoning district, which allows the residential density to exceed 30 units
per acre subject to conditional use approval. The analysis with respect to LOR Section
4.4.13(1) and other relevant section of the LOR is provided below.
(2) The applicable performance standards for development under this section are as
follows:
(a) The development offers variation in design to add interest to the elevations and
relief from the building mass. For example, the building setbacks or planes of the
façade are offset and varied. In structures having more than two (2) stories,
stepping back of the upper stories (third floor and above) is encouraged to
decrease the perception of bulk. Building elevations incorporate several of the
following elements: diversity in window and door shapes and locations; features
such as balconies, arches, porches; and design elements such as shutters,
window mullions, quoins, decorative tiles, or similar distinguishing features.
The building has been designed to provide a significant relief in the perception of mass
by using a diversity of roof lines and a combination of hip and gable roofs with different
heights intervals. The various roof lines are well articulated by stepping back as much
as 41' feet from the front facades of the building. This contributes to reduce the
perception of mass, provides a variation in design and adds significant visual interest to
the elevations. In addition to the step backs and offsets provided, the architectural
elevations of the structure also incorporate diversity in color, window and door shapes
and locations. Also, multiple covered and uncovered balconies and terraces, shutters,
colorful canvas awnings, louver vents, exposed rafter tails, decorative railings, and
classical entry colonnades. However, in order to provide relief to the building mass along
the west elevation, it is suggested that a parapet along these elevations at certain
intervals and with different heights may be incorporated.
Based upon the incorporation of the above suggestions into the building design, the
development proposal will be consistent with this performance standard.
(b) If the building includes a parking garage as an associated structure or within the
principal building, the garage elevation provides unified design elements with the
main building through the use of similar building materials and color, vertical and
horizontal elements, and architectural style. The garage is designed in a manner
that obscures parked vehicles except in places where unavoidable, such as
entrances and exits. Development of a portion of the ground floor perimeter
adjacent to street rights of way is devoted to window displays or floor area for
active uses such as retail stores, personal and business service establishments,
entertainment, offices, etc., is encouraged.
-~
Planning and Zoning Board Staff Report: Meeting 01/24/05
Conditional Use Requests for The Strand
Page 9
The development proposal does incorporate a parking garage on the basement and the
first level of the structure. The building materials utilized with the parking garage are
architecturally consistent with materials utilized on the upper levels of the structure
despite not being identical. Further, the architecture of the structure includes the main
level parking garage on the rear of the building with the ingress/egress for the parking
lots located on the north, south and east side of the building. The west side of the
building reveals the parking area as part of the elevation with a unified architectural
appearance. The parking garage elevation (west elevation) will consist of equally
spaced openings separated by structural columns with a smooth stucco finish (painted)
over C.M.U. The openings will be adequately landscape and will permit ventilation and
natural light to enter into the parking garage. Also, nearly all of the perimeter areas of
the ground floor adjacent to street rights of way are devoted to display windows and/or
entrance to office, retail, and restaurant use which provides an attractive and interesting
streetscape. Based upon the above, the intent of this performance standard has been
achieved.
(c) A number of different unit types, sizes and floor plans are available within the
development. Two and three bedroom units are encouraged, as are a combination
of multi-level units and flats. In projects consisting of more than twelve (12)
dwelling units, the proportion of efficiency or studio type units may not exceed
25% of the total units. There is no maximum percentage established for projects
having twelve (12) or fewer units, however, a mix of unit types and sizes is
encouraged.
The development proposal will provide a mix of one and two-bedroom dwelling units with
eighteen (18) different floor plans. In the south and north building combined, there are
20 studio units (ranging 939 to1, 121 square feet), 65 one-bedroom units (ranging from
960 to 1,495) square feet, 29 one-bedroom plus den units (ranging from 1,231 to 1,865
square feet), and 20 two-bedroom units (ranging 1.303 to 2,246 square feet). All units
are offered with either open "loft-style" floor plans or traditional demising wall, some of
the units have dens, and all units have covered balconies. Based upon the above, the
intent of this performance standard has been achieved.
(d) The interiors of the dwelling units provide unique features and conveniences that
distinguish them from standard multi-family projects and create an attractive
living environment. Examples of some of the features that could be incorporated
to meet this standard are: ceiling heights of nine feet (9') or greater; extensive use
of natural lighting; panel doors throughout the interior; use of decorative molding
for baseboard, door and window casings; wood or ceramic tile flooring in all or a
portion of the units; built in cabinetry and/or shelving; arched entryways or
passageways; individual laundry facilities; special security features; or a
combination of similar features and elements that meet the intent of this standard.
The applicant has indicated that the development projects a unified Classical
architectural style and character. Brick pavers sidewalks, and public entry plazas,
decorative free standing light poles and exterior light fixtures that are consistent with the
architectural will be provided in harmony with nearby Atlantic Avenue.
The step backs, offsets, and balconies provided along the facades will allow large
amounts of natural light via different window shapes, and include floor to ceiling windows
Planning and Zoning Board Staff Report: Meeting 01/24/05
Conditional Use Requests for The Strand
Page 10
in some locations. Also, individual laundry facilities will be provided as standard items.
Based upon the above, the intent of this performance standard has been achieved.
(e) The development provides common areas and/or amenities for residents such as
swimming pools, exercise rooms, storage rooms or lockers, covered parking,
gardens, courtyards or similar areas and/or amenities.
The development proposal provides for most of the above referenced amenities, such as
a large free form swimming pool, pool-side gardens, outdoor cooking area, individual
storage rooms, and covered parking. Based upon the above, the intent of this
performance standard has been achieved.
(f) The development promotes pedestrian movements by providing convenient
access from the residential units to the public sidewalk system. Pedestrian areas
adjacent to the building are enhanced by providing additional sidewalk area at the
same level as the abutting public sidewalk. Accessways to parking areas are
designed in a manner that minimizes conflicts between vehicles and pedestrians.
The public street or streets immediately adjacent to the development are
enhanced in a manner that is consistent with the streetscape in the downtown
area (i.e., installation of landscape nodes, extension of existing paver block
system, installation of approved street lighting, etc.).
The development proposal provides a safe and efficient pedestrian movement
throughout the development. Convenient access has been provided from the residential
units to the existing public sidewalk system and parking areas. Pedestrian areas
adjacent to the building have been enhanced by providing additional sidewalk areas at
the same level as the abutting public sidewalk. Also, access to parking areas has been
designed in a manner that minimizes conflicts between vehicles and pedestrians.
Landscape islands in the public right of ways, brick pavers sidewalk, free standing
lighting within the sidewalk enhanced the public streets adjacent to the proposed
development. Based on the above, this performance standard has been met.
(g) The development provides opportunities to share parking, accessways,
driveways, etc., with adjoining properties, or provides additional parking spaces
that may be used by the public.
Each building provides shared parking, access ways and driveways to adjacent
properties. The development proposal will also provide four (4) new parallel public
parking spaces along SE 2nd Street, twenty five (25 new parallel parking spaces) along
SE 3rd Avenue, and four (4) new parallel parking spaces along SE 1st Street. which will
achieve the intent of this performance standard.
(h) Projects fronting on Atlantic Avenue, NE 1st Street or SE 1st Street contain
nonresidential uses on the ground floor. The nonresidential ground floor space
has ceilings not less than ten feet (10') in height. At least 50% of the surface area
of the front street wall(s) at the ground floor of each such building is devoted to
display windows and to entrances to commercial uses from outside the building.
The principle frontage of the subject property is along SE 3rd Avenue and the
development proposal will provide approximately 485.66' feet frontage of commercial
uses that front along this right-of-way. The existing buildings have a ceiling height in
excess of ten feet (10') and a surface area which is predominantly occupied by display
windows and entrances. The subject property also has approximately 33.75' feet
Planning and Zoning Board Staff Report: Meeting 01/24/05
Conditional Use Requests for The Strand
Page 11
(discounting the required area for visibility triangles) of commercial frontage for the north
building along SE 1 st Street and 50.33' feet of commercial frontage for the south building.
Along SE 2nd Street the development provides approximately 73' feet of commercial
frontage along the right of way. In all cases, more than 50 % of the surface area of the
front street walls at the ground floor of each building is devoted to display windows and
to entrances to commercial uses from outside the building. Therefore, the proposal
fulfils this performance standard.
Of the eight (8) performance standards outlined in LDR Section 4.4.13(1), the subject
development proposal complies with seven (7) outright. Compliance with the remaining one (1)
performance standard can be achieved subject to the attached condition of approval being
addressed. Given this level of achievement with the performance standards it is appropriate to
grant the requested increase in density.
LDR SECTION 2.4.5(E) - REQUIRED FINDINGS:
Pursuant to LDR Section 2.4.5(E) (5), 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) Hinder development or redevelopment of nearby properties.
The following table identifies the zoning designations and uses that are adjacent to the subject
property:
Zonina Desianation: Use:
North: Central Business District (CBD) Parking Lot and Vacant Land
South: Central Business District - Railroad Corridor Convenient Store and Hair Salon
(CBD-RC)
East: Central Business District (CBD) Office
West: Central Business District - Railroad Corridor Light Industrial, Vocational School
(CBD-RC) (Milagro Center) and the Future
Site of Avenue East Development
( currently Grove Square Office
Building)
The development proposal will significantly enhance the aesthetics of the subject property
unifying the majority of the parcels under a single development. Further, the neighborhood and
the downtown as a whole will benefit by the inclusion of new residential dwelling units.
Increase in Heiaht:
The increase in building height over the standard 48' to 57'-7" will not be detrimental to the
surrounding neighborhood. As discussed previously, the upper levels (second through fifth) of
the structure are proposed to be stepped-back. The buildings have been designed to provide a
significant relief in the perception of mass by using a diversity of roof lines and a combination of
hip and gable roofs with different heights intervals. The various roof lines are well articulated by
stepping back as much as 41' feet from the front facades of the building. This contributes to
reduce the perception of mass, provides a variation in design and adds significant visual interest
to the elevations. In addition to the step backs and offsets provided, the architectural elevations
Planning and Zoning Board Staff Report: Meeting 01/24/05
Conditional Use Requests for The Strand
Page 12
of the structure also incorporate diversity in color, window and door shapes and locations. Also,
multiple covered and uncovered balconies and terraces, shutters, colorful canvas awnings,
louver vents, exposed rafter tails, decorative railings, and classical entry colonnades
significantly contribute to the relief of the structure and the reduction of mass. However, as
noted previously in order to provide relief to the building mass along the west elevation, which
abuts the F.E.C. Railroad right-of-way, it is suggested that a parapet along these elevations at
certain intervals and with different heights and depths may be incorporated.
Increase in Densitv:
The stability of the downtown area will be significantly enhanced by the addition of 134 new
residential dwelling units that will patronize area businesses and contribute to the long term
economic revitalization of the downtown area. They will help to create and sustain a demand
for goods and services within the downtown area, such as clothing stores, restaurants, and food
markets, which will enhance commercial rents and property values.
As discussed previously, the development proposal is located within the TCEA. Traffic in the
downtown area has increased significantly since the mid-1990's when the revitalization began to
take off and it has not at all deterred people from visiting the Central Business District. Stop and
go traffic and congested sidewalks are a clear indication of a successful, healthy downtown
area, and tend to attract more people and greater investment in the area. Trips associated with
this residential development will principally occur during the AM and PM peak hours.
Based upon the above, positive findings can be made with respect to LOR Section 2.4.5(E) (5)
for the conditional requests pertaining to an increase in building height to a maximum of 60'
(57'-7" is proposed) and to allow a density in excess of 30 units per acre (42.7 du/ac is
proposed).
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
In conjunction with the conditional use requests, a site plan in substantial compliance with the
submittal requirements for a site plan application was submitted and has been reviewed by staff.
If the conditional uses are approved, a full site plan submittal complying with LOR Section 2.4.3
will be required. Based upon staffs review of the sketch plan, the following analysis is provided:
Buildina Setbacks:
According to Ordinance # 64-04 and pursuant to LOR Section 4.4. 13(F)(i), building frontage and
setbacks for properties fronting on streets other than Atlantic Avenue or A-1-A shall comply with
Table 4.4.13-2.
The design guidelines requires between 70%) and 90% of the building frontage to be located
between 5' and 10' feet from the property line along S. E. 1 st Street. The proposed development
provides approximately 50.33' of frontage between 5' and 10' representing approximately 79.5%
of the frontage. Thus, the LOR requirement for the south building has been met along S.E. 1st
Street.
Along S.E. 2nd Street 74.7% of the frontage is located between 5' feet and 10' feet for a building
height from finished grade to 25'. Thus, the LOR requirement for the south building has been
met along S.E. 2ndt Street.
Planning and Zoning Board Staff Report: Meeting 01/24/05
Conditional Use Requests for The Strand
Page 13
Along S. E. 3fd Avenue 85.5% of the frontage is located between 5' feet and 10' feet for a
building height from finished grade to 25'. Thus, the LOR requirement for the south building has
been met along S.E. 3fd Avenue.
Along S.E. 3fd Avenue 79.8 0,.'0 of the permitted frontage is located between 5' and 10' feet for a
building height from finished grade to 25' feet. Thus, the LOR requirement the north building has
been met along S.E. 3fd Avenue.
Along S.E. 1st Street 78.7 0,.'0 of the permitted frontage is located between 5' and 10' feet for a
building height from finished grade to 25'. Thus, the LOR requirement for the north building has
been met along S.E. 1st Street. For a building height from 25' to 48' feet and above the required
set backs proposed for the north and south building meet the minimum requirements of
Ordinance # 64-04
Parkina Reauirements:
The development proposal consists of 134 residential dwelling units, 19,572 sq.ft. of retail area,
6,245 sq.ft. of office area, and 3,003 sq.ft. of restaurant use. The parking requirements for a
mixed-use project located in the CBO are calculated as follows:
Step 1: The base parking requirements for each use in the project are determined
individually and are depicted in the following table:
The Strand Based Parking Requirements
Use Number Parking Requirement Parking Spaces Required
of Units Per Unit or Sq.Ft.
Residentail Units:
Studio Unit 20 1 20.000
One Bedroom 75 1.25 93.750
One Bedroom + Den 19 1.75 33.250
Two Bedroom or More 20 1.75 35.000
Guest Parking:
Units 1 - 20 20 0.5 10.000
Units 21 - 50 30 0.3 9.000
Units 50 - 90 84 0.2 16.800
Sub-Total 217.800
Office:
North Building (north of 1st Street) 2,799.00 300.0 9.330
South Building 3,446.00 3.5 12.061
Commercial Retail 19,572.00 4.5 88.074
Restaurant 3,003.00 6 18.018
Sub-Total 127.483
Grand Total 345.283
Step 2: Pursuant to LDR Section 4. 6. 9 (C) (8) (a), the minimum parking requirement for
mixed-use buildings in the CBD shall be determined by the peak parking demand
period. The peak demand period for The Strand project is the period from 6:00 P. M.
to Midnight during weekdays. The following shared parking table depicts the uses
associated with the development proposal and the resulting parking requirement
within the timeframe:
Planning and Zoning Board Staff Report: Meeting 01/24/05
Conditional Use Requests for The Strand
Page 14
Weekday Weekend
Night I Day I Evening Day Evening
Midnight to 6 ' I 6 PM to Midnight 6 PM to
Use Required AM 9 AM to 4 PM 9 AM to 4 PM Midnight
Residential
(Additional/Guest) 217.8 100% 217.8 60% 130.68 90% 196.02 80% 174.24 90% 196.02
Office 21.3 5% 1.065 100% 21.3 10% 2.13 10% 2.13 5% 1.065
Commercial/Retail 88.074 5% 4.4037 70% 61.6518 90% 79.2666 100% 88.074 70% 61.6518
Hotel 0 80% 0 80% 0 100% 0 80% 0 100% 0
Restaurant 18.018 10% 1.8018 50% 9.009 100% 18.018 50% 9.009 100% 18.018
EntertainmenURecreational
(theatres, bowling alleys,
etc) 0 10% 0 40% 0 100% 0 80% 0 100% 0
Residential (Reserved) 0 100% 0 100% 0 100% 0 100% 0 100% 0
TOTALS 0 226 223 296 274 277
Based upon the above methodology, the total number of parking spaces required is 296. The
project provides 299, thus, this requirement has been met. The Community Redevelopment
Area (CRA) Board recommended approval of the Conditional Use requests for increase in
height and density) by a vote of 4-0. The Board also discussed the issue of reserved parking for
residents and felt that with the provision of on-street parking this will not be a concern. The
applicant has indicated that the reserved parking for residents issue will be revised during the
site plan approval process once the commercial space is sold and the final mix of uses is
determined. If the final mix has more office than currently proposed, the total required parking
may decrease under the shared parking formula. Consequently, the provision of reserved
parking spaces for residents under the shared parking formula needs to be revised during the
site plan approval process and it is attached as a condition of approval. It is noted that the
conversion of any commercial floor area to restaurant will require the processing of a site plan
modification which must address the additional parking demand.
ComDact Parkina:
Pursuant to LDR Section 4.6.9(C) (1) (g), up to 30% of the required parking for any use may be
designated for compact cars. The development proposal includes thirty eight (38) compact
parking spaces located within the parking garage levels. This represents approximately 12.70%
of the total spaces, thus meeting the requirement.
HandicaDDed Accessible Parkina:
Pursuant to LDR Section 4.6.9(C) (1) (b), special parking spaces designed for use by the
handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for
Building Construction. Accessibility for residential structures is covered by the Federal Fair
Housing Act. Pursuant to this act, two percent (2%) of the parking spaces serving the
development must be handicapped accessible and accessible visitor spaces should be provided
at a rate in accordance with the local code. Based upon the 303 parking spaces required, the
development needs to provide a minimum of six (6) handicap accessible parking spaces and
fourteen (14) handicap accessible parking spaces have been provided.
On-Street Parkina:
Although not counted toward meeting the parking requirements for the project, a total of thirty-
four (34) public parallel parking spaces are being provided by the developer; twenty five (25)
public parking spaces within the SE 3rd Avenue right-of-way, five (5) public parking spaces
Planning and Zoning Board Staff Report: Meeting 01/24/05
Conditional Use Requests for The Strand
Page 15
within the SE 1 st Street right-of-way, and four (4) parking spaces within the SE 2nd Street right-
of-way. Although available to the general public, these spaces should help meet the short term
parking requirements of residents and guests of the project. A maximum time limit of two (2)
hours during the daytime should be imposed by the City to prevent long term parking.
Liahtina:
A photometric plan consistent with the requirements of LDR Section 4.6.8 has been submitted
for the development proposal. Thus, compliance with this requirement has been met.
Bicvcle Parkina:
Pursuant to LDR Section 4.6.9(C) (1) (c) and Transportation Element Policy D-2.2 of the
Comprehensive Plan, it is recommended that additional bicycle parking be provided. Such
facilities may be located along SE 3rd Avenue at the entrance of the south building and this is
attached as a condition of approval.
Plat:
A plat must be processed and recorded prior to issuance of a building permit and is also
attached as a condition of approval.
I REVIEW BY OTHERS I
Community Redevelopment Agency:
The Community Redevelopment Agency (CRA) reviewed the development proposal at its
meeting of January 13, 2005. The Board recommended approval of the Conditional Use
requests for Height & Density and Site Plan by a vote of 4-0. There was a discussion about
staff concern regarding the lack of assigned parking for residents. However, the Board felt that
with the provision of on-street parking, the issue of reserved parking for residents will not be a
concern. The applicant indicated that the issue will be reviewed again once the final mix of uses
is determined. If the final mix has more office than retail as currently proposed, the total required
parking will decrease under the shared parking formula.
Downtown Development Authority:
The Downtown Development Authority (DPA) reviewed the development proposal at its meeting
of January 10, 2005. The Board recommended approval of the Conditional Use requests for
Height & Density and Site Plan subject to staff conditions of approval.
Site Plan Review and Appearance Board (SPRAB):
If the conditional use requests are granted, a site plan application addressing the outstanding
technical comments would need to be approved by the SPRAB. Final action on the site plan will
rest with the SPRAB.
Courtesy Notice:
Courtesy notices have been provided to the following homeowner's and/or civic associations
which have requested notice of developments in their areas:
o Bill Wood, Delray Beach Chamber of Commerce
o Carolyn Zimmerman, President's Council
Planning and Zoning Board Staff Report: Meeting 01/24/05
Conditional Use Requests for The Strand
Page 16
o Gerry Franciosa, Progressive Residents of Delray (P.R.O.D.)
o Gail-Lee McDermott, Osceola Park
Public Notice:
Formal public notice was provided to property owners within a 500' radius of the subject
property prior to the Planning and Zoning Board meeting of January 24, 2005. Letters of
support or objection, if any, will be presented at the Planning and Zoning Board meeting.
I ASSESSMENT AND CONCLUSION I
The proposed conditional uses are to allow for a mixed-use structure having a height in excess
of 48' (57'-7" is proposed) and to allow for a density in excess of 30 units per acre within the
CBD (42.7 du/ac is proposed). As described in this staff report the request for additional height
meets with the criteria established in LDR Section 4.3.4(J) (4) (b), and the increase in density
above 30 units per acre is supportable as the project meets or exceeds the Performance
Standards found in LDR Section 4.4.13(1). The provision of additional residential dwelling units
within the downtown area will further the long term revitalization and stabilization of the CBD.
The proposed use is consistent with the objectives and policies of the Comprehensive Plan and
Chapter 3 of the LDR. Positive findings can be made with respect to LDR Section 2.4.5(E) (5)
regarding compatibility of the proposed development with the surrounding properties regarding
the requested increases in building height and density. It is noted that pursuant to LDR Section
4.4.13(1) (1), despite the fact that compliance with the performance standards is possible subject
to the attached conditions, the Board may deny the application for increased density if the Board
does not agree that the proposed changes are compatible in terms of building mass and
intensity of use with surrounding development.
I AL TERNATIVE ACTIONS I
A. Continue with direction.
B. Move a recommendation of approval of the conditional use requests to allow for a building
height in excess of 48' (57'-7") and a density in excess of 30 units per acre (42.7 du/ac) for
The Strand, by adopting the findings of fact and law contained in the staff report, and
finding that the request and approval thereof is consistent with the Comprehensive Plan and
meets criteria set forth in Sections 2.4.5(E) (5), 4.3.4(J) (4) (b), 4.4.13(1), and Chapter 3 of
the Land Development Regulations, subject to conditions.
C. Move a recommendation of denial of the conditional use requests to allow for a building
height in excess of 48' (57'-7") and a density in excess of 30 units per acre (42.7 du/ac) for
The Strand, by adopting the findings of fact and law contained in the staff report, and
finding that the request is inconsistent with the Comprehensive Plan and does not meet
criteria set forth in Sections 2.4.5(E) (5), 4.3.4(J) (4) (b), 4.4.13(1), and Chapter 3 of the Land
Development Regulations.
I RECOMMENDED ACTION I
By Separate Motions:
o Move a recommendation of approval of the conditional use request to allow for a building
height in excess of 48' (57'-7") for The Strand, by adopting the findings of fact and law
contained in the staff report, and finding that the request and approval thereof is consistent
Planning and Zoning Board Staff Report: Meeting 01/24/05
Conditional Use Requests for The Strand
Page 17
with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E) (5), 4.3.4(J)
(4) (b), and Chapter 3 of the Land Development Regulations;
D Move a recommendation of approval of the conditional use request to allow for a density in
excess of 30 units per acre (42.7 du/ac) for The Strand, by adopting the findings of fact and
law contained in the staff report, and finding that the request and approval thereof is
consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E) (5),
4.4.13(1), and Chapter 3 of the Land Development Regulations;
With said approvals to be subject to the following conditions:
1. That the outstanding technical comments listed in Appendix "A" are addressed prior
to site plan approval;
2. That a contribution of $7,500 (approximately half the cost of a shelter) is paid prior to
certification of the site plan for the provision of a Palm Tran bus stop shelter;
3. That an additional bicycle rack is located adjacent to the most southern
entrancellobby area of the south building;
4. That a parapet along the west elevation be incorporated at certain intervals and with
different heights and depths to provide relief of the building mass;
5. That the provision of reserved parking spaces for residential units under the shared
parking formula be revised during the site plan approval process once the final mix of
uses is determined.;
6. That a plat is processed and recorded prior to issuance of a building permit.
Attachments: Appendix "A", Location Map, Site Plan, Floor Plans, Architectural Elevations, and Building Section
Staff Report Prepared by: Estelio Breto, Senior Planner
Planning and Zoning Board Staff Report: Meeting 01/24/05
Conditional Use Requests for The Strand
Page 18
I APPENDIX "A" I
1. Pursuant to LDR Section 2.4.3(B) (8), depict the approximate locations of aboveground and
underground utilities including water, sewer, drainage, power, gas, telephone, and cable television;
poles and guy wires, transformer boxes, etc. The plan shall also identify the disposition of all such
utilities.
2. Pursuant to LDR Section 2.4.3(B) (14), depict the manner in which all utility services are to be
provided to the site and structures on site.
3. Pursuant to LDR Section 4.6.16(H) (3) (a), a strip of land at least five (5') feet in depth located
between the off-street parking area or other vehicular use area and the right of way shall be
landscaped. A waiver request will be needed to reduce the 5' landscape strip required to 4' feet for
the portion of the main level car parking garage located on the northwest corner of the south building.
4. Clearly depict the end of the driveway for the parking garage located on the basement level (south
building). The applicant may want to consider using bollards along the driveway that goes in front of
the stair-way and elevator that would indicate no cars can go through.
5. Please clearly depict on the site plan and landscape plan the limits of the fence that would surround
the pool area.
6. Health Department permits are required for this project. Provide copies of the water permit.
7. A SFWMD permit is required for this project. Provide copies of permit or a letter of exception.
8. Provide a typical cross section from building to adjacent right-of-way or adjacent property at all
property lines. Pay particular attention to grade differential from proposed site to existing adjacent
properties and show the existing grades on adjacent property.
9. Site is required to retain 5 year 1 hour storm (3.2") in addition to meeting water quality criteria (1 ").
Provide signed and sealed drainage calculations and indicate how storm water will be retained on
site.
I O. Provide certified exfiltration trench test results.
11. Indicate on engineering plans how the roof drainage is accommodated.
12. Provide paving cross section.
13. Clearly dimension driveway width. Maximum width of driveway is 24 feet.
14. Parking layout and striping need to follow City of Delray Beach standards. Provide standard City of
Delray Beach parking stall detail.
15. Indicate stop bars and signs at egress drives as well as providing interior traffic control markings and
signage. Clearly indicate onsite traffic control.
16. Indicate sight distances at all ingress/egress points and all intersections. Sight triangles should be
indicated on landscape plans. Provide copy of the revised landscape plans. Per Section 4.6.14 of
LDR's. Any landscaping in site triangle "shall provide unobstructed cross-visibility at a level between
3' and 6' this includes tree trunks.
17. Add fire hydrant on SE 3rd Ave, mid block between 2nd and 1st.
Planning and Zoning Board Staff Report: Meeting 01/24/05
Conditional Use Requests for The Strand
Page 19
18. Provide note that water meter sizes are to be determined by the City of Delray Beach Utility
Department upon building permit application and remove the size indicated on the engineering plans.
19. Engineer is to field verify location, size and depth of existing City of Delray Beach utilities prior to
submitting Final Engineering Plans.
20. Provide on the plans current City of Delray Beach standard construction details as applicable.
21. All connections to existing water mains shall be made while the water main is under normal working
pressure. If this cannot be accommodated, the design shall incorporate special provisions such as
line-stops to minimize the impact on existing customers.
22. Indicate on plans the location of pigging wyes.
23. Provide on the detail sheet the City's standard Fill and Flush detail.
24. Provide double valves at connection points.
25. Provide per LDR Section 2.4.3 (F) (4), a composite utility plan that show the location of all existing
and proposed utilities (water, sewer, power, telephone, gas, cable, and drainage). The composite
plan shall be signed by a representative of each utility provider attesting to the fact that services can
be accommodated as shown on the composite utility plan. The composite plan shall address the
responsibility for relocation of existing services and installation of new services.
26. A certified engineer's estimate will be required for water and sewer improvements. A 110% surety
and 2% engineering inspection fees will be required. A Financial Guarantee and Agreement for
Completion of Required Improvements is required. This agreement can be obtained at
www.mydelraybeach.com. For additional information see Section II of the City of Delray Beach
Minimum Construction Standards. Prior to Certificate of Occupancy and the return of the 110%
surety a 10% warranty surety will be required.
27. Provide two copies of a Pollution Prevention Plan. Prior to and during construction of all sites, the
permitee shall implement and maintain all erosion and sediment control measures included in the
required Pollution Prevention Plan. For projects over one (1) Acre in size; provide a copy of FDEP
Notice of Intent.
tjtJ tjtj~ " 'uuLn¡ II ; BD~ j~l::j~ [
I-- w N.E (]) 1 ST (]) ST
> ..--. r--- .-------., I ~~ ,--- - -
« >- .
« :r: I---- f----- ~ ~ r------ J
~ f-::> ¡- a::::r-- -IZ
- f----- h "<t ~ f----- 0 0 r-- _
(/) ! Z
_I--- ~- r--_
(/) Cé) I 1--
~ ( - 1---.- ""':r-- '--
f- ~ I---- W ~'-----occ 0 r-- 0
(/) ~ Ii - I-- Z - r-- Z r------ r---
~ I---- f----- 0... _ r--
«.<Ij _ I-- . I--- r------ . r------
OL 0 w crl >- r------ >- I---
'--- L..--- ,. z _ L..-- I'---- I I--- r---
~l\ I J SCHOOL '. ' : : : 0... .' I " ! '. I w II ~. ~.~'. . 1m, '. 'I '.,! ''--,. ." r---;-----
I' SQUARE .',. ,. z' (/) :! !!! ~. ; I
z 1 I , ' . : " 'I
~ Z ' ; , : 1 ' : I I I I ; ,I ::> I ' I II I ::> I I !
......., ,I, "'---'-- L....--
ATLANTIC AVENUE
OJ Ii [JI[Ji I " LTIDI; ¡I, ! '/, ; : T llUllill [[]" ---¡- III
i ,I ! I ! ¡ I I'! ! Ii, \ !I I ! Ii!: II I'
, 1_ ¡! ;; I 1 I : , ! 1 i ! , I _ r-----'-----
>---- - r--- ~ ~ r--- !s!~.-- -.----- .----- ~
..;/ f-- - r-- - ~
- f---- e----- I-- f- .... J f-- - I-------- I-------- - I--- _ ~
r------ (/) _ r--
- r------ ~ f"== ,------- - - _ _
r------ ~ _ ~ f--- - - - - - ~f-----
- «. - « r--- - «f-----
r-- ~ === I-------- - W - r------ W _ r-- ~
-- I------Tn « - > > I--
'. '. - I-------- - - r------ - r--- -----
I------ , " « r-- « _ I--
- '----. I I ~ - r-- I--
,., 1--- I--
I , ------' L----.....; I--
[II[- liÙllJ j¡ 1ST:== r--- '-- ~T= ~
I ' ~ ¡ .' : , I l - I-- FIDELI,TY I-- i
I I; I ~ FEDERAL,----l
'==== -.------::> - .----- N - r--- - I---::r:: BANK'---- ::r:: I--
==== Z - I-- r--------- r--- - r-- tn tor-- _ I--
-~-f------w - - - - _ _ _
===--- « w
-- >-r-- (/) ---f-------_--
- === r-------- _ _ _ I-- '-- _ r-- - -
- « r-- __ _ f----- .r-- r-- - -
-f- 1--- W Wr-- - -
- ~ - r-- l r----------- - - I-- if) I-------- if) I--- _ I--
IT - r-------- I r----------- r--- - f----- I-------- r-- - I--
'---- '-- '---- - I ~ L....----- '--- L..---...... '--- ----' '--- _ '---
S E 2ND ST
I ' r--- r- ,---- r-- -
_ I I ' r--------- --- - I--- _ I--
I ~,I I-- n "<t f----- - _ I---r---
'I I I t:¡ '---, I-- - === _ I--
; <:t" .-- -
I i-- I-- ' I lu I---- I-- - _ _ I--
I I I---- I-- I--- _ I------
~ r------ I.J.j -- I-- I--- I--- r---,--,- -
(/) 0 i::::> ~
<:t" ~ \-- I--- I-------- U - f--
~ ~- -- IT II t:=== _ -
, I 1------' I I---- _
, Z i LLLL ~
: L----. J '--- L--
r-- - - _S.~ ----1R1L- - -----., II' I, , ST'L- .--
:> I---------- ' 1
1:::>- -- 0 0 I I--
i I---- - (f) - f---- _ _ - - Z...J Z f------.-
-- ' =:) Ln
: I---------- - - I---------- - - 0' 0 ,---
I---------- - ------, 0 - - - - co co ~-
L__ e-- -~---f______--::r:: ' ~ ~-
f--- - - I-- - - - --- - I---~_ r--l_D::: ~_
f------ _ _' _ --- _ f--- 0 - L-.J..- 0
f--- - - ~ _ r--' _ --- . _ I--- if) = S- = z .----- .-
__ w w w w - - w
I (/) ~ l II--- vi r-- r-- vi - f______ vi I---- I--- = ¡----, ~ = -,==Iui f--
r-- - - W f------ r--' - --- I-------- I-- - ïi f----- - .,....--
N
THE STRAND
CITY OF DELRAY BEACH, FL
PLANNING & ZONING DEPARnAENT
-- DIGITAL BASE MAP SYSTEM -- MAP REF LM797
-
-+- ó>
f} 1 ~
I I-
T ~
! 0
+ ~
1
i
Iu T
~ ì
¡£ .
k! +
~i
V
1 +
-L
í
T
T
1- ,
-I- /0'
-L ,e/)
,~
I /0
! ,z
'iE
i- /l5
-/- ,~
)...-1.. I
/
I
~Î ,
,
-/ : I~
-I
~, 'CO
1 0::-;- ,~
i I'D
I 1---:- I
C/J..!.... ,
~! /
O·
(Jf ,
,
+ /4)
I 1--1
C/J. I.
ìS+ If',.
I /~
I
¡ t- IC\¡
d-i- i~
èEi I
,
O· I
-/1
u...! -
t
-i-
-L
í
T
t
+
+
-L -'
I 0
0
t a.. ~'
+
-i..
..L
I
!
.......
I
-Î-
i ..L
!
ì
+ ~
-i- 5
i
i
Î
-
-
.. ..
-- ---
~ I-..--J '----1__ -__
o~... $1 .... "U'h.IHjWW .<IIf"tt "1LsntII ..fO 1H]SNQ:J N].L.IJIIM ~.a. 1noH1_ 1.H~ SlHl J10 :JSn ..3H.LO ..0 NOu.~]M "NOrSS'JSSOd ANW ONY Q.JNIIB3N 3W S...~tt TH Vd .1~'JJ.IH:MIW' ....I I "n~l. ~ -- ....... - -.-- -- - -
A.ll:I3cIœd HJ11C
8)
~
....J
... ~.' c1'
~
~
0
\Þ
I I <I
1 Vi' ~l
:ii)
I~ ["
IC)
1;Z
Ig
:~
1 Ll
, I
,
I ~~
,
I
I
,
I
I
I
,
I
,
, .
¡~ ,t. ~.'
,0:>
, j[ö
,
I
I
,
,
14.1
, .
,,,
Ii::
,f"
'0:>
I~
,
,
1
,
,
1
,
,
I
I
,
oel I
, G' Ii) : :
1 I'-______JI ¡~ I
, I I '
J : : : I
I ~-------i ' I
r--~ L___________ : I
I · '
I I
. : : I
I ,t'
,r-------- L I
I I '
, f . ·
': : : .
1 I I I 1
I . .
: : ~~ I
'I I ·
': : I I
1 I I · I
, , '
L__, r--~ I :,
, I I I ·
, I I - I .
L L______J L.r____J L__________~ :
-----Nã9·59·¡9~-----------222~~---------U
.. ~ .
AJ.t:I:::IdUacI r-w lVi
@
.-J
I;·....·""
It: c: t: c: c: c: c: t: t:
i 1I1I1I:UU\tll·
: ~~3~~~~~~
, ! ;;:;;~~~;~
I 5 ii"iiii¡~
,
I
~I , ~~¡¡~~~~~i
/ ¡ Hi HIHI!Ii
I :::101: :u:¡ 1111111::;11
: I
I iñ i c:c
Z Iii .1111....····
S 2 !!!!
I ~ I c: c¿t: c:c:c:t:
i Ii' 1I~st.II t5i8
i m ::¡ ::¡::¡!,,~....
, <
f ~ I ~: ~ ; ~ ~ : : : ; ~il·
I j ~ I ~~!~HHiii
<
I I:: Ii I
" ~ i ¡ I~ ~ I
. .. ..J ¡~~i¡~~¡~~~
\ I ~ £ i ¡Ii i ¡ ;; i III
a I .. II ---
I Z .=
I 0
frll ft~.ft.~.. -ft
1001
i It c: It It t:
Iii . II . .1111 . . ¡ II.
I 2! !!! !!!
Þ t: CC c:c: c:
I $1'1111 " 1111 .. II
I II ::¡::I ::I ::t ::I
,
I i = If c: c: c: c: t: c: t: c: t:
II :;I :;I 1111 11111111 1111
I !!5S!!3§!!S
- í
c: II
I¡¡¡I~~uUt
¡ i ji1ij'liiili¡
I_N~.ft.~..--
,
,
0
I
I II·",,·
I
I II: c: I:: r: c:
t iii i iii å iii .
1111 If II II
, I I:: I:: I: c: c: I::
I 1llIiIIiIII,II
I ~ iiiii~
I
-<¡ I
¡UUI
I _____1
fill i
,
I 1-----
I .a~'.1
I
(ñ 'I:: I:: I:
It ui.. . . . . . .
Z II.!!!
I 0
~ I I: I: c: è ~:: c: c
i oS "II IIlIilill:il
I :5 ~ II ""1111":;
I m
I
~ I ~~~~~ c: I: 1:'::::::
I III iii $I II ill
i < ~ Š!~!i iiiiU
W
I I ~
I t:: ¡
~ ïl. I !~!~II
~ l~-I-
: f ~¡Ijl Ilff -
I I I~- - .. II
I 0
I a:
~ I S'll'~' tll;¡¡12S
, I
I ,i It I: I: I: I: 1::1:1:1::1:1:
I I ~H~~ 11111111.111
I HUH
I It I: I:: I::
I IllIIi'" . 11111 . . ,:
I IIi
r
I
I i c: 10 I: I: I:: 10 I:: I:: 10 I: 10
1I.lIlIi tUII.'.
I ~;Š;5 3!!3!5
,
- ¡ i I
U~U ~iiI~U
I::.~~I::.I::. -11-1::.1:
¡ ~ in )u;: :¡
< I ~ IP!! ~llln
"-1-- I""I!!
.
-
I ::::::It,,:; II! II , ; ; :
J
,
"
j;
)
I.
,
~. - ~-' ~ -- .. - ~ - - -
- -----~----~-- - - - --
® I
I
I
I
1
II .. .. ..
1ft:l:tòt:
I.. ... 1111 '
if II II II " II
I If I: t: If If If
..111111.
I iiii¡~
~ ~~~~~i
~ (filii
I :1;..1:;1
I
~ II..,....,,,·
~ 11:1:t: ::1:1:t:1:1:1:
..J '1IiI.' &lIIUilU
I ::> III! IIJ IIJ IHI
! ~
I j ~ ! ~;~:~~~~~;~
I i ~ ! B~!ii!iïiU
i ~ I
z ~.
::> I~I BIB
í -. ~ I 1~Wï:Wii
/ ~ - -
i I ê ,,,,,,,,,,,,
I II..·.... ...
,: I' ~~:~~~;::;:
i !unuun
I ;I I: t: I: I: I: I: I: r: I: I: I:
: i ;;H;;;;;~;
, »-- i i I
I ~~~.I~ ~II
Iljlljl,,711
;;;;.:;;_ -11-;;;;
Ilall}-"-~11
~ I £ ¡Pii;'I;ii
, I ..'II.a~ftil..
I ft- --I !--
- -
I ;:;;¡~C:l:¡" !¡:
§
L
~-
9
- - ,
¡ I
: i
, J :
I : I
......~. I.
I ~ i
: --Ì I
I .¡..... .'
. I I, r: r: r: I:
. j. m all,·II..5I...
· .' Z 2' , , ,
. I S C:l:c:r:r: !:t:I:t:1:
~ ~ 1,lillUSiUIIU
SiUI!fHfi!Ef
! ' ! m .
: I < =~~~c~:~~~
I I 'I' ~ IIIUUIif'Si5l1f
. I t û5 I B~H!~~~Š
, ! I a:
I .~ . «
I I t= liB UB
, : : z ~ ~ ~ ~ II ~ 'õ I~ ~
::> . - - - ~It: - - - -
-' I¡illll Iji
I .. ~ ' HnllnH
, -' J IIII~"IIII
,I ~ I I I ;; ;: :a ~ . , :;; I
I J
I
.-
,
I
I
I
i
J. -....
I
I
,
I
, --00
L--- __ ____
. .0. .....-
. .-,øu
--I!
: ¡
! '
@
I I
f I
:
i !
, I
I ¡
, :
, I
I,
I'
o I
! ¡
, · ¡
I
I
I
I
I
I
,
I
I
;
I
!
I
I
I
I
I
I
I
I
I
I
I
,
I
I
I
I
,
I
I
I
~
I
I
, ,
, i
I,
· .
I I
I,
, I
· I
I,
- - --~
- - - -
, - -
~
---+-~- - - -
---_"!!.
-- ~
----
-
~
~ - '-+----.-
"? --+---f-:_ ~ _' .
~ Fi
.. ~:- ~RIDA EAST
-1-+-;.... COAST
~~-;~~AY
-+-;.........
'-~
. -:---..... "- -+-+--¡ - ~ -¡-+-.-
....~
"-
-
, I
South Building
Scale 1- = 30'
F£J:.IIN...WAY Æ»if -<:IF-WAY
-
\
,
~ -"
¡
¡
I \,
!
¡
! \
,
¡
\ --
\ \ -- -'-- ~---- .'
,---- --
-\- - ~,.ø __---------- North Building
~---------- Scale~1· = 20'
.
~ '----_..:r._.:...... ... -. ----.-- - -.- -- "" . --------. - - .-. ---
~ --
, . . -'
I
j
®
~
®
....
~
52 ¡
II)
0(
tü
~
~
0(
m '"
~
~
g tü
~ ~
i
¡
g
~
,e B ~
II)
0(
i
0
, ~
~ ' tü
~
i
I
- . - -- I
...-~. . -
®
I ----r-T
I _- I I \J
--- I t.
. ------ II ..J
~ r : : ß
? II
cí!: ; "
~ : : I L, '111
~ L., ;
iCi I' I::
o ~
~a ~ r ¡ !!
I ! I I
I ! II
I : I 1
I l · ,
I ¡ II
' : I 1
I r ' '
I I
I ¡ ¡
r : :
I II
¡ : :
J II
I , I
! I l i i
I , ; . '
f' I ¡J i i
I I . I I
I ¡ I I
I . I L, II
I I I I I
I I : , I
' ! f I '
I~ ~ I , I , 1
!W I "
<I ': I® "
t ! ! ; \ \
' I : . ..._, \ \
i L..··· i.
\ I i \ \ ~
\ :¡ ,J\\
I : : ,I
t:~-- \ :,1 \ \i
- d~ J ¡ J ' \ L~ \ ~ \
0-.' : ~ ~ ! I \ , i _-, 1i
Sé_--Ì , ;,c; II ¡ .r"
!'-.- \Q '. .----
; .. L., c-- _--
; \'.1 L: _- _-----
\ ---
11-----\-
I --,f.
-~- I~
-~- s£.1ST
---
)
I
I _
.
I
I
I I
I
i
~~ S~
;2 ~o
~
" , -u- T-4- -, , - ,..- .. "'-4.
SECOND LEVEL UNIT AREA TABULA llONS: I THIRD LEVEL UNIT AREA TABULA llONS:
-- -... UN>_ ......".. -- -- -"'" I.MG_ M.CCII« --
- -- - --
· '_/3 ..,. '.7 so. n 117 so. IT - U 1 IEDIIOOW/ 1 .'AI 1.21.1 SO ft. 120 sa IT
I 3 _/3-1/3 ..... 2.2J11 sa. " 117 so. IT - 1. II1[1111()()W/t þtH 1..~1 so.. n. - 120 so. n
J 3 -,. I-In ..... 1.146 10. fT 117 ~ fT - " t IEDROOWI . 8I.Jk 1.'51 so. n - 110 so. "
· 3 _I 3-1/3 ..... I"" so. n n7SO fT I. llEDROQt.I/1 M1H 1.2Ø1 so n. - 1'2D so n
· I -,. I-In ..'" 2.144 so. n 1.œ1 so fT - 17 2 IIEINtOOW/ 2-1/2 IA'" 2.244 so. n I. so. fT -
· I fCI/IIIIlJfIIU t.I'M '.JV so n "$II.n 1~ sa n ,. t IEDROOII/ 1 ",114 l.mun. .. '" n us so n
7 1 ....., I ..TH K,,"n ....n - " , I(DItOOWI 1 ~fH ....$II.n ..",n -
· 1 IEØIDOM/ 1-1/"l1tlH 1.143 so n .....n - 20 1 IEDROCIW/ 1 !lOt 1.14J so IT ....n ®
· , IØlIiÞOM/ 1 IAn4 M3... n ..",n 21 , 8EDfIOOW/ 1 ea.," ""SQ. " 4010"
.. , ffØIJI:Ml 1 ...'" IU sa n. 40 so. ft. - n 1 IDJROOUI 1 MTH ...."'" <u so ft.
II , IIØIOOtIII I-In M1H 1 143 sa " "$II.n - 'J I I£ÐROOM/ 1 lAIN , \43 sa n ....n -
'. '~I...1tt ... sa. " ....n - .. 1 II£OROCJII 1 lAIN ...",n ...." -
II. ._....... . .--....................~I
i
(
n--
, ,
I I
\ \
, ,
I ,
\ \
I
I ,
\ \
I ,
1 ,
~
- ¡
~:IJ
ii~
."
~ç
Z
o_r
FOURTH LEVEL UNIT AREA TABULATIONS:
-- _>we ...- ....000« ..-
- --
10 , ~I t IMII 1.213 SIQ. II. 1)0 sa " -
II t ft1 /IIlIIMfl ØIH 1,451 50 n 120 so. fY.
I' If1J*1l rtj/l~ 1.451 JQ. " 1210 SO n. -
. 11UJ111 Ø1./1 ... ''- sa. " 120 SO n -
21 t _¡ 2-1/1 ..... t.244 so. " '20 SQ." -
» '1ilIJIC(JM/'~ J.J21 so. " ,.)6 SO n. -
SO 1 ...., . 111M 113 so. "- - -
tI ,-¡,- 1.1a sa. " - -
» , ....".¡ 1 ... 113 .. " - @
J4 '~I- 113 .. " -
» I~'- 1143 sa. " - -
» I IØIIOOWI I 8Utt 110 so " -
~.-..- - ~- ----.
-~-- - - --
---- ---
-
@
I _..._~_._ww I
~~ , , , ~ ~
ð z
0
~ " ~
~
ëü~ i ~~
-.J~ ...J~
W. W.
t-"" ....""
~~ ~~
cq
~
i
- -0
, ¡
I
:
i !
¡
i
i
j~ ~ ~ ~ ß I
1---:.:---" t
,
---
, CITY COMMISSION DOCUMENTATION f1
TO: DAVID~~~ANAGER
THRU: PAUL DORLING, DIRE OR OF PLANNI_N~~..,A~D ZO~ING _
FROM: ROBERT G. TEFFT, SENIOR PLANNER ,/ r"- ;:t-''--II---''-~-
SUBJECT: MEETING OF FEBRUARY 1, 2005
CONSIDERATION OF WAIVER REQUESTS TO LAND DEVELOPMENT
REGULATIONS (LDR) SECTIONS 6.1.2(C) (3) (a). 6.1.3(B) (3) AND 6.1.4(C) (3) (b)
FOR ATLANTIC PALMS. PURSUANT TO LDR SECTION 2.4.7(B) (5).
I BACKGROUND I ANAL YSIS I
The 5.04 acre subject property consists of Lots 1 and 2 of the Carlson/Black plat, which is located on the
south side of West Atlantic Avenue, approximately 140' east of Whatley Road. On May 12, 2004, the
Site Plan Review and Appearance Board (SPRAB) approved a Class V site plan and architectural
elevations associated with the construction of 45 fee-simple townhouse units within six (6) buildings for
the development known as Atlantic Palms. The landscape plan associated with the development
proposal was tabled with direction and ultimately approved at the SPRAB meeting of December 15,
2004. At its meeting of May 12, 2004, the SPRAB also reviewed three (3) waiver requests associated
with the development proposal and forwarded a recommendation of approval to the City Commission for
each.
Waiver Findinas:
Pursuant to LDR Section 2.4.7(B) (5), prior to granting a waiver, the approving body shall make a finding
that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; or
(d) Does not result in the grant of a special privilege in that the same waiver would be granted under
similar circumstances on other property for another applicant or owner.
LDR Section 6.1.2(C) (3) (a) - Minimum Pavina Widths:
Pursuant to LDR Section 6.1.2(C) (3) (a), the minimum paving width for an interior road is 24'; however
the paving width of the interior roadway within the subject development proposal is only 20'. Therefore,
the applicant has requested a waiver to reduce the minimum width.
Pursuant to LDR Section 6.1.2(C), upon the recommendation of the City Engineer, and with the approval
of the Fire Marshal, the City Commission may authorize a reduction in the minimum required width of
paving if it is determined that the requirements of this subsection would not be feasible or would
constitute a hardship in a particular instance and provided this reduction would not endanger public
safety and welfare. The development proposal provides a 20' wide street with two feet (2') of valley
gutter on both sides of the pavement. The City Engineer and Fire Marshal have previously supported
reductions that have been granted to the standard aisle width for other townhouse projects such as
Atlantic Grove and Legacy at Sherwood Forest. In this particular request, the two foot (2') valley gutter
on either side of the road will provide sufficient area for larger vehicles to navigate the road. The
reduction can be supported as long as the Home Owner's Association documents contain a prohibition
on the parking of vehicles within the street access tracts except for those specifically designated parallel
qC-
-~-----
City Commission Documentation
Atlantic Palms - Waiver of LDR Sections 6.1.2(C) (3) (a), 6.1.3(8) (3), and 6.1.4(C) (3) (b)
Page 2
parking spaces (this was a condition of the Class V site plan approval). Consequently, a positive finding
with respect to LOR Section 2.4.7(B) (5) can be made.
LDR Section 6.1.3(8) (3) - Seøaration between Sidewalks and Street Pavina/Curb Section:
Pursuant to LOR Section 6.1.3(B) (3), a strip of grass or other landscaped area of at least two feet (2') in
width, shall separate sidewalks from the street pavement or curb section. The applicant has requested
that a waiver be granted to this requirement that would allow the sidewalk to be constructed immediately
adjacent to the curb section of the interior street (0' separation). The applicant has provided the following
justification for the waiver request:
lIThe proposed site plan indicates no separation between street and sidewalk so that a larger
landscaped area can be provided for each unit rather than a two foot (2j landscape strip that is
not large enough to plant anything substantial'~
The two foot (2') wide landscape strip does not allow for a substantial amount of planting area; however
the purpose of the requirement is not to bring green area up to the street, but to provide a separation
between pedestrian and vehicular traffic. While the development has been designed with narrower roads
and various traffic calming measures, the only separation between the drive aisles and the sidewalks will
be a two foot (2') wide valley gutter, which will not provide a substantial means to separate vehicular and
pedestrian traffic. However, if the cross section was amended to provide a type "0" curb, the request
could be supported. Based upon the above, granting the requested waiver may result in the creation of
an unsafe situation within the development. Thus, positive findings can not be made with respect to LOR
Section 2.4.7(B) (5).
LDR Section 6.1.4(C) (3) (b) - Proximity of Drivewavs to Intersections:
Pursuant to LOR Section 6.1.4(C) (3) (b), no driveway shall be located within 25' of the extension of
ultimate right-of-way lines at any intersection. The applicant has requested a waiver be granted to this
requirement that would allow the driveway for the northernmost unit of Building #1 to be located 22' from
the intersection (roundabout); the driveway for the westernmost unit of Building #6 to be located 16' from
the intersection (roundabout); and the driveway for the northernmost unit in Building #5 to be located 13'
from the intersection. The applicant has provided the following justification for the waiver request:
lIThe proposed site plan indicates that the driveway of the northernmost unit of Building #1 and #5
and the easternmost unit of Building #6 are closer than 25'. However, the speed limit of the
interior street system is 20 M.P.H. and a paver traffic calming device is located near each
driveway so that an unsafe condition is avoided. Because of the low speeds and the light traffic
volume [within] the development, we believe our driveway design is appropriate'~
As stated by the applicant, the proximity of the driveways to their respective intersections should not
result in an unsafe situation as the traffic within the development will be relatively light. The driveways
associated with Building #1 and Building #6 are adjacent to a proposed roundabout as well as the entry
gates into the development. Thus, the already low traffic speeds based upon the posted 20 M.P.H.
speed limit, will be further reduced by these traffic calming measures. While the intersection associated
with Building #5 does have paver crosswalks at each side, the crosswalks are not raised. It is doubtful
these crosswalks will be viewed as traffic calming devices by drivers and thus will not have the
anticipated impact on traffic that would support the requested waiver. However, it was attached as a
condition of the Class V site plan approval that the crosswalk east of the intersection is raised and a stop
bar/sign is installed at the southeast corner of the intersection for northbound traffic. This improvement
should achieve appropriate traffic calming results.
Granting the requested waiver will not have an adverse affect on the neighboring area, or diminish the
provision of public facilities. With the provision of the above traffic calming measure (raised crosswalk),
City Commission Documentation
Atlantic Palms - Waiver of LDR Sections 6.1.2(C) (3) (a), 6.1.3(8) (3), and 6.1.4(C) (3) (b)
Page 3
granting the waiver will not result in the creation of an unsafe situation. Given the conditions under which
this waiver is being requested, reducing the separation requirement between driveways and intersections
is appropriate and furthermore it is reasonable to believe that the waiver would be granted elsewhere
under similar circumstances. Consequently, a positive finding with respect to LOR Section 2.4.7(B) (5)
can be made.
~ RECOMMENDED ACTION I
By Separate Motions:
L1 Move approval of the request for waiver to LOR Section 6.1.2(C) (3) (a) to reduce the minimum
pavement width of the interior roadway from 24' to 20', by adopting the findings of fact and law
contained in the staff report, and finding that the request is consistent with the Comprehensive Plan
and meets criteria set forth in Section 2.4.7(B) (5) of the Land Development Regulations.
L1 Move denial of the request for waiver to LOR Section 6.1.3(B) (3) to eliminate the required two foot
(2') wide landscape area between the sidewalk and the curb section, by adopting the findings of fact
and law contained in the staff report, and finding that the request is inconsistent with the
Comprehensive Plan and does not meets criteria set forth in Section 2.4.7(B) (5) of the Land
Development Regulations.
L1 Move approval of the request for waiver to LOR Section 6.1.4(C) (3) (b) to reduce the separation
requirement between driveways and intersections from 25' to 22' at the east side of the roundabout,
16' at the north side of the roundabout, and 13' for the northernmost unit in Building #5, by adopting
the findings of fact and law contained in the staff report, and finding that the request is consistent with
the Comprehensive Plan and meets criteria set forth in Section 2.4.7(B) (5) of the Land Development
Regulations.
Attachments: Location Map, Site Plan and Street Section Drawing
AN WI () rJl I - ) L-J I~
.L./ . F H DRIVE
J ~ LEE ROAD FRAN WOOD I I l
I I' 1/ (I r I I A I N £ S _
I KFC., " _
. / ,~~
CAN AL L 33 J'ŒY ~ ~r r '-\ J ~ '\ \ \ \ \ \ \ 1 \ 11
=- - ~ ~ ~ íL"i:=l [:t1"'8D Dc=t:1 ~
hi r-- ~ , /1::::Y1 ~w./ ./¡f I
h ~- - -/~/~~Vv1~/V '---'
~ -r- ;ê5~:VQ~~Q;::;___
-' I . /1 J - f-- -c- w./ /.C ~ V,,é I 1(=
\ - - k -.....- - ~ ./ /./ ~;Y /Y L-
:;: DELRA Y -- f-ô: c- - ~ ~ ~V ./ ~ ::::< C ¡-
SQUARE '-0 c-c- r--- \;<~ ¡::::i;:: ';::: Ý /. k:: C. L-
a:: PLAZA I :1 tt-- t-~;: /'F" / /" Vr::
t- ~ -'-Ft-----'/ /y...- /'V ~
~ ~ lr' I--- r5ì Î#V: *~::::; Ò/I~ Í r-
/ Ç)S ~ /0 II c-'" r 's ./ r:::k:: "'V; ./ '5 I
~o .¡y ¡----- ~ I I ¿ I '0'./ ¡¡,,, /' 3./ V "
O~ _0 r t-: [ /' ::J---;e-::. -1/ / -I y:
" 'O~./ ./ G Vv
PUBLlX I ~ '- i2 ~ ~ ~ ¡:;ç:: Ç:::V 1::11 ~
~ <Q:: ~G /' Vv ~a:::
- 0 ~ J II ; 8à" 8;;¡,::1 ~T~RI;£ ~
- a U)O Q<J ì I 11 1
~- ~ I . I 3 a~ "'ß L
I ~WASHINGTON FIRST I ^ ~ I ~ '" V E N U E
t MUTUAL UNION t .J U T LAN TIC A . _ ì ~
~ ~ WEST I ~ - .)~)J Ur~
- ":" -- · N A nONS lIiiiffiU1pJ1J1lJrrmJ J
I a:: .- ,--- BANK ~ /III rn III I ~
~c - ~..- ~ 'UllJUilJ
~ 0
« DELRAY ~ ,.~
PINES t- WEST ..- ~E
WEST - PLAZA r-- ~ _
o r---
PLAZA -' ~ \---
- ~ J I
~. ,'.., -~., ~
:1 J, I 0/ F nl d ~ ~ .,~s \ 1 i
~ ROAD ~
r JEFFERSON I >- 0
I I I I I -"jC---' 0
!ªI ~ ~ f------' VI 0
- r, h ¡P---1 ER T
3 '- I~ f-' I r--J r-- ~, 5 H £ 5
'8 r-- I 'I r---- r--- ct:: r------i OR
Zo-- ,--- "'~ F
..J ROAD ~ If)
I - LINCOLN 1 i=
' '" ,,? f----- t= \ _
· I I J A I' JJ" ¿ CLi \ ( ANAL L j4
~ - \ .J..pJ I~ 11 J 1
:r: ESTATES DRIVE /lTI V
~ \ , ,'-SM£R~OOO '" [ II [JI[ft I 1
If) ~ £: £: ¿ CIRCLE I 1
T \-1 M L r- ~~. _1 /\J ' 0 J
I - ,r H Þ- =Itf t:J ,\
_1.11_,. \ 1 ~
1 I r \
N ATLANTIC PALMS
-
CITY ΠO[\RAY BEACH, FL "AP REF. '"35<
PLANNING c!c ZONING DEPARTMENT
-- DIGITAL BASE MAP SYSTEM --
,
~--- --- ~~.6 '
-ØftJ oO"~
~ ~ ~--~--
5= ~ SHERWOOO F<REST PlAT NO I, PlAT IlOO< 62, PACES 163-186
Z.....::::z :-... ! N 89·S2'J.J·. J.J7 00'
: L~::::::=-~---'::::f:::=:::Jo.::::::!: ~r-:::::=- --------- --~-= :::::::::=f=:~:::E: -- ~ ~ ,.:;¡--~====
- i ' "-. .!. . I! ¡g :_......l
1~'lí-í-~ -- - -.¡.....--+----l'·',
Ij: 'I I I I ¡
1(11 I 1InLm:_ - - _.... - _:m~ I. I i
: b.'; .:. n ~"I ..J1:'~iH~r-:IJ ~rL;¡ :~ : I'
I~:I I ~If" fiÎi-":!1~ ~ I I :
I "I I ,-".......~ :;1. -" -7f: IIITv 'tW - I ' I:
I :1 I 111.1" k' , . ¡ ¡
I I ~ ~ ~~ ; .
I\i :t. ~ ;,
I j I I ...--:¡-.....
I 'r-~-- - y:,~ ..~ ~ ¡¡r ~ I .-1 i :-,.:
" . V_" 0 ioI -L., , ,
, ~I__I__---- ;}i ,-- ~':<- I '.. 1 1- "
: . / u,'-. "CJt I I '~";:_
:1 I ~ 'ocr . '\' ..i.;;I;r_,", I /Í : ,-
: I I Rc 10 ':::"{ß. ----1-- J:¡ ß~ LIiII ~ II :
"Lf . 1<: LJ Ii:
¡;I·I ~:, u II ,11IIiIIIIIiIIIIi~ I ¡ :
i: ~ I j OBIIII I or...,.... AI I ~ II I ~ '. :oa"~
'I I 1 ... ,'" ?"C,: "'iBI!I!!I<:rI I:: -
~ I I 1 I 1;,.. : I ,,"':'"
.u-r "II. I . f'1!!I a;" I _ _ I C I' ¡ :"""'-
-~ 1 '~.......... ' =--' I, . :
: ....¡---+ 1 ~,I I JI C ~ :I~ I: ¡::
. a'''': . I , II C ..." ,_ . _: I l' I : : .
-~ II7.JI "I r~...\ ~ r-' ~ ..... "1.1 I: a'-r :
,.:.~ I I I~" '- L f- ~ ~;<t.&.I~ I~ ii 1 i
: I. I II -" iii ... " I all I ~ i I J.I i ! :
, ~ ¡,& I, !, , r' 'I I, I '
: I I ILJ ~: _ !I ~ j., ~~ II ~ ! : '"':
'I 11rI" .. j [ ~. ! '1í . p, .II ,I ~ '
~ : ,I I ~ .. '[êã ~ iI 1:1 ~ ¡ : '"':
~ I I 'I ... I CII i! 31, I -<,
'; : : I. ~ --~.- : +...::.. T "It. 1 I ~ :: ê:
~ §: ,I I ", , J1tI I~ I J Z¡ ao'
~ "'.. ; 1 I ~ ~ I + -==-. ~I I I I ¡ :§i Q:
ç~: : I..I.L __ ~ r ,....,,!¡: I~ I b; :;::
~:: " ~' 1 ~ ~ . M!E " liT l::ïÇ:
~.::: ':,ii I q "'! do"::E "I II! :'-:
j:: ~l . I ~ I ~ ..B'''' __ ! :E I / J I t !~ ~:
:: ~:. "'"*'0 = JI ~ . I ,~c=a I .II! ¡1~:
~, I I'~ I I I -.zrJ - ~ I,:."
;¡ : : I I C I L_ __ _ 'I "'III!LJ!~ II Ii: ¡ i ~:
: ' --~-1----'" == ! I Ii: :'_:
, :1 1111 ' '" -- I'" U'''- I: 0:
: :: I I: """ .1 : II I I :. :. :
: :..1 I¡" ·P'" ¡ j,"' Ii~ Ijl I _~ I I:I!i :
.... , :: I.Wr . .1:.. . I -... "" -... ' Ii II '
-~ iil · '.' I r~ ~~ I:;'; :_"~
: tr 'RC 1/ I ~ -.J 91 I . ~"::-
;,~I ~"* . ().: ,: C 1:1::; '......
, ',I I II C I' I ?1 r 1[:': ). ;,.. ......
,.:~ ¡ I ~ I ~ I ~ C ; ; ¡ :-;;
: I -.st. ¡ ~ I §~ ¡"I I... .Jill .¡ ~i~: )r-:...-
..-r : : ! i ..J I .~t-----k..=
- ...... ' .: ~ íir 'r:l:J!s!, ' , . ~ i I : I' /: - ......
: ~ II~ T /!!!I' ~ ..~ J !: ¡I: ¡ :-
..... : :il l.;.iiii ~. I ~c I 'I: : :
-..- -~ I.... . .....--- ~... ~~r"" ,~", I \1, !, ,
--, 1L- -'- .../ .. ~ ~ u · t' , :
~ ...-T:=¡;:·....·- ..-0 / :0, ~ ----IIA 1,_ '
/;.-----,-'-,,------ II¡K. fhi 118..1:- ,
jl u: i ,..' --- ~s- t!!i--.p-- ~ :!!
~ I:¡ ~. ) ~ ..-",.' -. . ~. . ~ :.. -+..:~
!~ ,¡!" / -.. "f-' :-
j!' i'! 'I '! , " ,~.iIIi" ,-+.0.-::..
I', I ~ï. : - ~I"'""t'--' i~ ... I, '-
i:i~ 1'2 ... !~ .Sr,rI ~r6 ~ ,I,: ~.
l"ii i Ii: ì . ~ c ~,J ..ac cllr ~ I LldcL iL ¡-::
.; : :;1 I / -. m¡m """,... - ~ :1: '
Ilill~1 ~ I'.-I;::!I~ it:!.... I ..~ 'n~ _" ~ I 1,:1:: :
w ~ . ,..... ~., -- . . .''''
~ ¡ii ·1 ¡~II !I I!: L_I __ 0 __~ .....-..---~-- -..---- -_--- ----..-;Luo._...._______. ï ·VI:/ :
I ~II Ii. iI ~ .-;.11 il: : : ~ 1:1 -'-!'-I~ --J ---+--i I,¡, :
!i' ~ ¡¡ i!¡g~ :-:. lt~ __ i ~ i.J?~ !~ i..~\,~ -~L>_,~¡:: i
! I!i II ~ I ii!ll....1 i - --~~ -j-~ i:i~__________~}~~~~liF l=_~__________+ 1
iii ; ñI à ". ~ ~ -.----+~ ' 5.89,tJ8"E 269;~',,, UIVIY .........;-f!t5~~ ,~~=== G&--+ ìì ;
~ a! I ~ q!Ulli --' __"_ -~:-- -'- I' ~-----.. ------ ---.~--~.------- ---"""'-""----= =-'O;=-jf-=~o.o-~-~..:..46 ~. 00._- ---
· h . S I; -! 1 I I ."'\ "II II'.
I . ; !h a i !~~ ~ð !;§ -, ~i!! ;: ~ !" ..
I :i ¡ nli!d~ ~______y___I~"_J~_~.:!____________:~:~~~_~~_ -_t-J--- ____~!j~__________:___
II i I !~I ~ (STATE ROAD 8(6) I
àl I iii · - _ __ lEST A1IJHlIC AVENUE _ I _ _ _ _ _ --....
~Q ':...;¡..;,~-~~ ~- -7 I I I§§§§ I 1111
~ ~ . . ~ - i ~ _~¡ "~. ,'-- ., . ~ I I ¡ ~ !!!I I ñI
::! " -~~T"T;' ...' _ ' --, " ~ ~ ~ ::] :¡ 1!! ~ !§!
o ¡:'..,. -' ¡ )~'~,~,~----,.,., - ~ ~ I::] ::] I ~;
z _c_".",. . ~.- "'" .--"~'- Ii! I "= I ~
~ tt! . ! i~ ........' ~ -- i'! · Ii'! 11." ill !
~ ~ 0 _ :æ: .-<>-_ .."5 11 ! e 'I J, J, J, .. i
" IOLi::S~ ;: :'" '" 5
.......... h')'n . t...c ·
. [, /! I . i :.
\, ,<~t t 0" : if
~;: Jt " -~; ~:' ~'~:: ~ ï- ~ ! !
"'1 . - ! - ì.. --J~ ,. I:' '" ... ~ -
&¡;~r~:¡~~ t .,.
~ t!:L.- --"/-- iiY'-:"'T ,
· " .. * C~~~ -.ø~~:~~
o>(
I I~~ IF i ! ,,~: ~~IJI A New Townhou88 Community I. f 1 ~ 0 -c
~ I -- . i,!o I ;! !!! ~~ ~ u~t ATLANTIC PALMS Ililll ¡ m C'D~
n ö .. . -4 ,,: r " .r -.
8 ~: ll~~ I z" ~ :;IH W Atlantic Avenue Illi f O'Q N
. ~ 8¡- -- ~.L :.tifi. Delroy Beach, Florida :)
p \JIro e03\03-041 Car\CO's\Car -A 100-2 dwg, A1 00. 01/1912005 10 42 05 AM
it!
o
ÐJ
'"
~
~ i 12
.- ØI.-
~ at. o'
bJm.... ~....
t- tn·~ bJ f5
~ !§~Í ~'ª~ Q.
~ 8~~ ~~~ ð .q
æ ~~15 fI):se¡ OR I
· ~a:1L ,ª81L ~" A
"!! : ~~~ ~;iiF ~ã ~
~ ggl ~2i5_ ~B Z
t.. :s....8 8~D~ :tn
...... :Je:' . ~b 0
: 1o!91 ~~I~ Œe -
t-
@@@ @ 0
0-' ill
d)
u --1
.q
ò 0
- -
{l
>-
t-
'"
. i
·0
ÐJ
-.
.
~1
[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE 200 N\V 1 <,t AVENCE' DELRAY BEACH. FLORIDA 33444
n~LEPHONE )f) 112-1-_~-7()9() . FACSIl\IILE: :if) 1/278-4755
DELRAY BEACH Writer's Direct Line: 561/243-7091
F lOR I 0 ^
Dad
All-America City MEMORANDUM
, , III! DATE: January 25, 2005
1993 TO: City Commission
2001 David Harden, City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: Scholarship Fund Aareement
I have been contacted by Ed Gallagher, President of Saint Patrick's Day Events,
Inc. regarding his desire, on behalf of the event, to establish a scholarship fund for
eligible Youth Council members.
I have prepared the attached agreement in order to establish the scholarship fund.
Please place the Agreement on the February 1, 2005 City Commission agenda.
Attachment
Cc: Chevelle Nubin, City Clerk
Lula Butler, Director of Community Improvement
Joe Safford, Finance Director
Ed Gallagher, Saint Patrick's Day Events, Inc.
qD
SCHOLARSHIP AGREEMENT
THIS AGREEMENT is made this _ day of , 2005 by and
between the CITY OF DELRA Y BEACH (hereinafter referred to as the "CITY"), a
Florida municipal corporation, and, SAINT PATRICK'S DAY EVENTS, INC.,
(hereinafter referred to as "SCHOLARSHIP GRANTOR").
WIT N E SSE T H:
WHEREAS, every year a Saint Patrick's Day Parade is held in the City of Delray
Beach; and
WHEREAS, the SCHOLARSHIP GRANTOR raises money as a result of the
Saint Patrick's Day Event festivities and desires to give it to the CITY to establish a
scholarship program for members of the City of Delray Beach Youth Council.
WHEREAS, the Youth Council is a group of students committed to leadership
and civic involvement; and,
WHEREAS, the CITY desires to foster future leaders, through the Youth Council;
and,
WHEREAS, this Agreement shall be deemed binding on the SCHOLARSHIP
GRANTOR and the CITY, when executed by the Mayor of the City of Delray Beach and
the President of Saint Patrick's Day Events, Inc.; and,
WHEREAS, the Saint Patrick's Day Parade Committee has applied for 501 (c)(4)
status with the Internal Revenue Service; and,
WHEREAS, it is intended that the first gift to the CITY will be received at the
signing of this Agreement with additional contributions to be made this year and every
year thereafter.
NOW, in consideration of the promises and covenants herein provided, the
parties agree as follows:
1. Recitals. The recitals set forth above are incorporated herein.
2. Scholarship. The CITY shall establish a Special Project 115 Fund to
accept monies received each year from the SCHOLARSHIP GRANTOR for
scholarships to eligible City of Delray Beach Youth Council members.
3. The Number of Scholarships and Scholarship Criteria. The number
of scholarships shall be limited to available funds, understanding some funds will be
reserved each year in order to build a sustainable scholarship fund. The amount of
each scholarship shall be determined by the Youth Council, but shall be subject to
available funds in a special project account. Scholarship criteria shall be established by
the Youth Council, but shall, as a minimum, include an evaluation of student
pa rtici pation in Youth Council activities and projects, other community service
participation, and leadership qualities. The criteria shall be approved by the City
Commission. The Director of the Community Improvement and the City Manager shall
authorize the issuance of the funds, once approved by the Youth Council.
4. Documentation. The Youth Council will document, in writing, the criteria
used and the number and amount of scholarships given in any year.
2
5. Matchina Funds. When feasible, the Youth Council will endeavor to
solicit matching funds.
6. Bindina Effect. This Agreement shall be binding on the parties hereto,
their successors and assigns.
7. Governina Laws: Venue. This Agreement shall be subject to the Laws
of Florida, with venue in Palm Beach County, Florida.
8. Termination. This Agreement may be terminated by either party, upon
thirty (30) days written notice to the other party. All funds received by the CITY prior to
the effective date of any termination of this Agreement shall remain the property of the
CITY and used for scholarship purposes until dissipated.
9. Notices. All notices shall be sent to:
Saint Patrick's Day Event, Inc.
Edward Gallagher, President
118 N.E. 16th Street
Delray Beach, FL 33444
City of Delray Beach
David Harden, City Manager
100 N.W. 1 st Avenue
Delray Beach, FL 33444
10. Entire Aareement. This Agreement shall constitute the entire Agreement
of the parties with respect to the subject matter of it. All prior understandings and
agreements between the parties with respect to such matters are merged into this
3
,
Agreement, which alone fully and completely expresses their understanding.
Modifications to this Agreement must be made in writing and mutually agreed to by the
parties.
IN WITNESS WHEREOF, the parties have entered into this Agreement on the
day and year first above written.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
Chevelle Nubin Jeff Perlman, Mayor
City Clerk
Approved as to Form:
City Attorney
SAINT PATRICK'S DAY EVENT, INC.
By:
Edward Gallagher, President
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this _ day of
, 2005 by , who is personally
known to me or who has produced (type of identification)
as identification,
Signature of Notary Public - State
of Florida
4
--
~
MYDELRAYBEACH.COM
City of Delray Beach
Administrative Services Memorandum
TO: David T. Harden, City Manager
FROM: r¡f) Robert A. Barcinski, Assistant City Manager
SUBJECT: Agenda Item City Commission Meeting February 1, 2005
Approval of Amendment No. 1 to the Management and Sublease
Agreement with the Friends of Sando way House Nature Center,
Inc.
DATE: January 25, 2005
ACTION:
City Commission is requested to consider approval of Amendment No. I to both the
Management Agreement and Sublease Agreement between the City and The Friends of
Sandoway House Nature Center, Inc. for HV AC system repair and maintenance.
BACKGROUND:
Attached is a request from Carolyn Patton on behalf of the Board of Directors of The Friends
of Sandoway House Nature Center, Inc. for the City to assume the maintenance and repair of
the HV AC systems at the facility. Under terms and conditions of the original agreement and
sublease The Friends of Sandoway House are responsible for HV AC system maintenance
and repair. They are now facing substantial replacement costs and are requesting this
amendment. The Agreement would be similar to our Agreement with Old School Square
where we also assumed HV AC maintenance and repairs. Attached is Amendment No.1 to
both the Management Agreement and Sublease Agreement for your consideration and
approval. The City is already responsible per the original agreement for exterior lighting
maintenance.
RECOMMENDATION:
Staff recommends approval of proposed Amendment No. 1 to the Management Agreement
and Sublease Agreement between the City and The Friends of Sandoway House Nature
Center, Inc.
File:u:sweeney/agenda
Doc:Sandoway House Sublease Agreement
~t
2//~
.. . .
The Friends of Sandoway House Nature Center, Inc.
A NON- PROFIT ORGANIZATION
DEDICATED TO SUPPORTING A NATURE
CENTER IN A HISTORIC BEACH FRONT
SETTING SINCE 1998
Plafdent .e!1Vm
William S. Weisman. Esq.
Vice-President JAN-' ! 3 Z005
Dr. Andrew Kðtz David Harden Clry MANAGER
City Manager
secretaJy 100NW 1st Avenue
Elaine Morris
Treasurer Delray Beach, FL 334444
Carolyn H.R. Patton
January 11,2005
Board of DIrectors
Cheryl Oem Dear Mr. Harden:
Jack Harris
Ann Heilakka Weare writing to respectfully request that our management
Mary Higgins agreement/lease with the city be amended to match that of Old School
Jean Irwin Square to include maintenance of our outdoor lights and air
Amanda Jones
Michael Kravit conditioner system.
Anne' ~å~e Krejcarek Please call if you have any questions or if we can provide any
Fren Maritaeola
Dr. J. Scott MeOWen additional information.
JoAnn Peart
Hon. Jeff Perlman Thank you for your consideration of this matter.
Alieda Riley
Joyce Slominski
Yvonne Templeton ~ nl(LÁ~0L
Usa Tieman
Executive Director Nicole Householder
Nicole Householder
~ Executive Director
SANDOWAY HOUSE
NArnRE CENTER
142 South OCean Blvd.
Delray Beach. Florida
33483
Phone: (561) 274-SAND
f~(561)274-0826
E-mail:
sandowayhouse@aol.com
Website
www..sandowaybouse.com
... ~ ;\ ; 1 ' :¡ ,
~
," -
40· . ¿ .. . ....
A New Community
Resource for
Palm Beach County
AMENDMENT NO.1 TO THE MANAGEMENT AGREEMENT
BETWEEN THE CITY OF DELRA Y BEACH AND THE
FRIENDS OF SANDOWAY HOUSE NATURE CENTER. INC.
THIS AMENDMENT NO.1 to the Management Agreement between the CITY OF
DELRAY BEACH (Lessee) and THE FRIENDS OF SANDOWAY HOUSE NATURE
CENTER, INC., (Sublessee) is made this day of ,2005.
WIT N E SSE T H:
WHEREAS, the Lessee and Sublessee entered into a Management Agreement
dated June 24, 1996; and
WHEREAS, Paragraph 10 sets forth the responsibilities of Lessee and
Sublessee regarding the grounds and building operation; and
WHEREAS, the Lessee and Sublessee agree that the Lessee shall repair and
maintain all the components of the HVAC system.
NOW, THEREFORE, in consideration of the mutual covenants and agreements,
the Sublease is amended as set forth herein.
1. Recitals. The recitals set forth above are incorporated as if fully set forth
herein.
2. Duties and Responsibilities for Repair and Maintenance. Paragraph
10 of the Management Agreement is amended to provide that Lessee shall repair and
maintain all the components of the HVAC system.
3. Terms. All other terms and conditions of the Management Agreement,
except as expressly modified herein, shall remain in full force and effect.
- -------~--------~----- ----------
IN WITNESS WHEREOF, the Lessee and Sublessee have executed this
Amendment NO.1 as of the day and year first above written.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Jeff Perlman, Mayor
Approved as to Form:
City Attorney
WITNESSES: THE FRIENDS OF SAN DOWAY
HOUSE NATURE CENTER, INC.
By:
Print Name: Print Name:
Title:
Print Name:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this _ day of
,200_, 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
as identification.
Signature of Notary Public - State
of Florida
2
- -~---- --- -------~-
AMENDMENT NO.1 TO THE SUBLEASE AGREEMENT
BETWEEN THE CITY OF DELRA Y BEACH AND THE
FRIENDS OF SANDOWAY HOUSE NATURE CENTER. INC.
THIS AMENDMENT NO. 1 to the Sublease Agreement between the CITY OF
DELRAY BEACH (Lessee) and THE FRIENDS OF SANDOWAY HOUSE NATURE
CENTER, INC., (Sublessee) is made this day of ,2005.
WIT N E SSE T H:
WHEREAS, the Lessee and Sublessee entered into a Sublease Agreement
dated June 24, 1996; and
WHEREAS, Paragraph 4.01 sets forth the responsibilities of Lessee and
Sublessee; and
WHEREAS, the Lessee and Sublessee agree that the Lessee shall repair and
maintain all components of the HVAC system.
NOW, THEREFORE, in consideration of the mutual covenants and agreements,
the Sublease is amended as set forth herein.
1. Recitals. The recitals set forth above are incorporated as if fully set forth
herein.
2. Duties and Responsibilities for Repair and Maintenance. Paragraph
4.01 of the Sublease Agreement is amended to provide that Lessee shall repair and
maintain all the components of the HVAC system.
3. Terms. All other terms and conditions of the Sublease Agreement, except
as expressly modified herein, shall remain in full force and effect.
IN WITNESS WHEREOF, the Lessee and Sublessee have executed this
Amendment NO.1 as of the day and year first above written.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Jeff Perlman, Mayor
Approved as to Form:
City Attorney
WITNESSES: THE FRIENDS OF SAN DOWAY
HOUSE NATURE CENTER, INC.
By:
Print Name: Print Name:
Title:
Print Name:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this _ day of
, 200_, 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
as identification.
Signature of Notary Public - State
of Florida
2
()I\
~
MYDELRAYBEACHCOM
City of Delray Beach
Administrative Services Memorandum
TO: David T. Harden, City Manager
FROM: ~bert A. Barcinski, Assistant City Manager
SUBJECT: Agenda I tern City Commission Meeting February 1, 2005
Special Event Request - Lymphomathon
DATE: January 26, 2005
ACTION:
City Commission is requested to endorse the 1st Lymphomathon sponsored by the
Lymphoma Research Foundation proposed to be held on April 17, 2005 from 9:00 a.m. until
2:00 p.m. Commission is also requested to grant a temporary use permit per the LDR
Section 2.3.6(H) for the use of Anchor Park as a staging area and the closure of A-1-A from
Casurina to George Bush Boulevard, to waive parking fees, and to authorize staff support for
security and traffic control, barricading, EMS assistance, clean up and trash removal, and use
and set up of the small stage.
BACKGROUND:
Attached is a permit request along with a site plan and budget for this event received from
Stephanie Coolich from the Lymphoma Research Foundation for this event. The event is a
walkathon to raise funds for the foundation located in New York and they anticipate
approximately 200-300 walkers. The route they are requesting is the same route used for the
Turkey Trot. Estimated costs for the event as requested are approximately $3,000 for
overtime, $530 for stage rental and about $500 for barricade rental for a total cost of $4,030.
Per event policies and procedures the event sponsor would not be required to pay any of the
City's costs.
Since this is a walkathon staff is recommending that we do not permit the road closure and
limit the route to the sidewalk on A-1-A like we did for the A VDA event the first five (5)
years. We are also recommending that the event start no later than 8:00 a.m. like similar
events. If limited to the sidewalk on A-1-A then the estimated costs are as follows:
approximately $400 for overtime and $530 for stage rental. Also EMS assistance will not be
needed. The stage can be set up on regular time, under either scenario and barricades can be
left at the Anchor Park site for the parking lot on Friday April 15th.
qF
01/25/2005 12:10 2123492886 LYMPHOMA RESEARCH FD PAGE 02/02
I
ì
I
SOUTH FLORIDA L tMPHOMA THON BUDGET 2005
!
I
I
Expenses i
i
¡
:
DisplaylDecoration I
I $200
I
Entertainment ! $250
Event Planners i $7,000
¡
Leased Equipment $1,500
License/permits $1,000
Medical $200
Miscellaneous $250
Photographer $100
Security $600
Supplies $250
Venue & Catering $500
Total Logistics Expense $11,850
Revenue
Individual Walkers $5,000
Team Walkers $30.,000
Sponsorsh.ip $15,000
I
I
Total Walk Revenue $50,000
¡
I
I
I
I
I
·~
\~
~,
ð\ I
· ~t}
ð!/
1i
Ii
1/
11
_ f:
'-1 ./
A·
'1
<t t!
I"
ii
1/ i-
ff ·
. i '
1! M l=r¿ ,L
~' \
I I A .",
J ~- ~) ì } J
rl ¡J
~ i.' ,
t> f í
1
ê,
L)
¿
E
fJ
I~
f
, .
ðK
[IT' DF DELIA' BEA[H 1
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
.... Writer's Direct Line: 561/243-7091
ANn8Ic8C1ty
, III I! MEMORANDUM
1993 DATE: January 24, 2005
TO: City Commission
David Harden, City ~anager
~~
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Amendment No. 1 to Interlocal Aareement with the CRA on the
Fundina of the Landscapina and Irriaation Improvements for N.E. 3rd
Avenue Drainaae Areas
The Commission, at its September 21, 2004 meeting, approved an interlocal agreement
with the CRA regarding the funding of landscaping and beautification improvements to be
made to certain drainage areas along NE 3rd Avenue. The Interlocal Agreement currently
stipulates that the CRA's contribution for the improvements is $39,970.
The cost of landscaping for the project has increased due to material shortages caused by
an active hurricane season, therefore, additional funds will be needed to complete the job.
This amendment to the Interlocal Agreement will increase the CRA's commitment an
additional 10% (up to $43,967) to cover the overage.
Our office requests that this item be placed on the February 1st, 2005 City Commission
agenda. Please call if you have any questions.
Attachment
Chevelle Nubin, City Clerk
Nancy Davila, City Horticulturist
C1G
·
[ITY DF DELIAY BEA[H
CITY AnORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
... Writer's Direct Line: 561/243-7091
AI &a.1r:aClty
" II J! MEMORANDUM
1993 DATE: January 24, 2005
TO: City Commission
David Harden, City Man~er
~ "'- ---
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Amendment No. 1 to Interlocal Aareement with the CRA on the
Fundina of the Landscapina and Irriaation Improvements for N.E. 3rd
Avenue Drainaae Areas
The Commission, at its September 21, 2004 meeting, approved an interlocal agreement
with the CRA regarding the funding of landscaping and beautification improvements to be
made to certain drainage areas along NE 3rd Avenue. The Interlocal Agreement currently
stipulates that the CRA's contribution for the improvements is $39,970.
The cost of landscaping for the project has increased due to material shortages caused by
an active hurricane season, therefore, additional funds will be needed to complete the job.
This amendment to the Interlocal Agreement will increase the CRA's commitment an
additional 10% (up to $43,967) to cover the overage.
Our office requests that this item be placed on the February 1 sr, 2005 City Commission
agenda. Please call if you have any questions.
Attachment
Chevelle Nubin, City Clerk
Nancy Davila, City Horticulturist
AMENDMENT NO.1 TO THE INTERLOCAL AGREEMENT BETWEEN THE
CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY
REDEVELOPMENT AGENCY FOR FUNDING LANDSCAPING AND
IRRIGATION FOR NE 3RD A VENUE DRAINAGE AREAS
THIS AMENDMENT NO. 1 to the Agreement with the CRA is made this
day of _,200_ by and between the CITY OF DELRAY BEACH, a
Florida Municipal Corporation, (hereinafter referred to as "CITY"), and the DELRAY
BEACH COMMUNITY REDEVELOPMENT AGENCY, (hereinafter referred to as
the "CRA").
WITNESSETH:
WHEREAS, the CITY and the CRA desire to amend the Agreement to provide
for a 10% increase in allowable funding over the $39,970.00 already provided by the
CRA to the CITY for the work performed under the Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises
herein contained, the parties hereby agree as follows:
1. The recitations set forth above are hereby incorporated herein.
2. paragra:3 Ofilif(.~OCa1 Agreement is hereby amended to provide that
the CRA shall raise the limit of its not to exceed contribution to the project by the
amount of $3,997.00 over the $39,970.00 provided for a total not to exceed amount of
$43,967.00.
3. All other terms of the original Interlocal Agreement remain in full force
and effect, except as expressly modified herein.
4. This Amendment shall not be valid until signed by the Mayor and the City
Clerk.
"
t
ATTEST: CITY OF DELRA Y BEACH, FLORIDA
By:
City Clerk Jeff Perlman, Mayor
Approved as to Form:
City Attorney
T AGENCY
(SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this J5L day of
~~ 20~ by -»:~ Ell I~~' as í .haJltYv..J'l
(name of r or agent, title of officer or agent, Qf ~ 1 r~ ßep (h (JlA
(name of corporation acknowledging), a F\c-"--Atit:l. (state r lace of incorporation)
corporation, on behalf of the corporation. ~he is personally known to me or has
produced (type ofidentI catIon as entl lcation.
..~~~~~ Juliana M. Steele
g*:·~·.1 Commission#DD341329
~":'" ~:f Expires: S~ 05 2008
"~~ ö;.;\; . ,.... Bond 'I1JrJ
I""", Atlantic Bonding Co., Inc.
2
~
RESOLUTION NO. 6-05
A RESOLUTION OF THE CI1Y COMMISSION OF THE CI1Y OF
DELRAY BEACH, FLORIDA, NAMING THE CI1Y PARK AREA
THAT INCLUDES THE BOY SCOUT HUT "THE MIKE MACHEK
BOY SCOUT PARK".
WHEREAS, the City owns land located on the north side of Lake Ida Road and just West of Swinton
A venue; and
WHEREAS, a portion of the land contains a Boy Scout Hut and is leased to the Pioneer Boys
Association, Inc. to be used for Scouting activities; and
WHEREAS, Mike Mache~ a long-time Scouter in the Gulf Stream Council, was instrumental in the
startup of the Tanah-Keeta Scout Reservation in the 1950's and was well known for his many years of dedicated
service to the Boy Scouts of America; and
WHEREAS, Mr. Machek served on district, council, regional, and national committees for the positive
benefit of Scouting; and
WHEREAS, Mr. Machek received the Scouter's Key Award, Scouter's Training Award, District Award
of Merit, Silver Beaver Award (Council Level), and the Silver Antelope Award (Regional Level); and
WHEREAS, Mr. Machek lived the Scout Oath and Law in his daily life and was an inspiration to literally
thousands of Scouts in his troops and fellow Scouters with whom he came in contact because he walked ahead
and left a path for others to follow; and
WHEREAS, Mr. Machek served as a Scout Leader in this area from 1947 until his death in 1991 and
instilled in the Scouts the need to give back to your community; and
WHEREAS, the City wishes to name the park area that contains the Boy Scout Hut "The Mike Machek
Boy Scout Park".
NOW, THEREFORE, BE IT RESOLVED BY THE CI1Y COMMISSION OF THE CI1Y OF
DELRA Y BEACH, FLORIDA, AS FOILOWS:
Section 1. That above recitals are incorporated as if fully set forth herein.
Section 2. The City park area located on the north side of Lake Ida Road and just west of Swinton
Avenue that contains the Boy Scout Hut shall be named and known as "The Mike Machek Boy Scout Park" for
the many years of dedicated service that Mr. Machek gave to our community and to generations of boys and
young men through Scouting.
PASSED AND ADOPTED in regular session on this the _ day of , 2005.
MAYOR
ATIEST:
City Clerk
~\-\
~
[IT' DF DELIA' BEA[H
DElRAY BEACH
f lOll: lOA
~ 100 N.W. 1st AVENUE· DELRAY BEACH, FLORIDA 33444 . 561/243-7000
All-America City
'1111: MEMORANDUM
1993
2001 TO: David T. Harden
City Manager
FROM: ~obert A. Barcinski
Assistant City Manager
DA TE: January 27, 200S
SUBJECT: AGENDA ITEM c¡ J: CITY COMMISSION REGULAR MEETING
FEBRUARY 1. 2005 CONSIDER APPROVAL - SPECIAL EVENT
APPROV AL - CELEBEA TE THE SOUL OF DELRA Y 2005
ACTION
Commission is requested to endorse the Sth Annual Celebrate the Soul of Delray proposed to be
held on Saturday, March S, 200S from 10:00 a.m. to 9:00 p.m. to grant a temporary use permit
per LDR's Section 2.4.6(H) for the use of the Atlantic Avenue R-O-W from Swinton Avenue to
NW /SW Sth A venue and the Tennis Center parking lot, to authorize use of the Tennis Center
Clubhouse and the large covered City stage. Staff support is requested for traffic control and
security, barricading, trash removal and clean up, EMS services, use of City trash containers and
signage.
BACKGROUND
Attached is an event permit request received from Mr. Clay Wideman for this event along with a
site plan and budget for the Sth Annual Celebrate the Soul of Delray proposed to be held on
March S, 200S. Staff support and use of City facilities and equipment as well as signage is being
requested per the attached permit.
The DMA would be responsible as proposed for managing the event, permitting of vendors,
entertainment and related contracts, sound and lighting costs, and rental of other equipment not
provided by the City for this event to include but not limited to port-a-Iets, area lighting and
barricade rental. The event is proposed to be held on Atlantic A venue between Swinton and
NE/SE Sth A venue.
Staff overtime costs for this event are estimated to be approximately $8,9S0, stage rental $1,S90
and barricade rental $2S0 for a total of$10,790. Last years costs were $13,800.
Mr. Wideman is proposing to operate under the umbrella of Class of Palm Beach County, Inc.
c/o Frances Carter; therefore this would be considered to be an event sponsored by a non-profit.
Based on event policies and procedures estimated payment to the City for this event is
approximately $3,400.
* Printed on Recycled Paper THE EFFORT ALWAYS MATTERS
Agenda Item City Commission Workshop/Regular Meeting February 1,2005
Page #2
Date: January 27, 2005
Per Amendment 1 to the original agreement with the City approved February 11, 2003, $10,000
was due payable on April 1, 2004. This payment has not been received. In addition, this request
was not received 90 days prior to the event as required by the policies and procedures. I also
have not received the permit application fee of $200.
RECOMMENDATION
Staff recommends denial of the request due to non-payment of the $10,000 and non-compliance
with event policy and procedure requirements for submittal date and payment of application fee.
However, if Commission agrees to approve the event request staff recommends approval with the
following conditions:
1. Receipt of a certificate of liability insurance, liquor liability insurance certificate and
hold harmless agreement no later than 10 days prior to the event.
2. The event sponsor to be responsible for ordering and payment of barricade rental costs
needed from private vendors as well as costs for any other equipment that maybe
required such as stage canopies, port-a-Iets and area lighting.
3. Event sponsor be responsible for payment to FPL for any power drops that maybe
needed.
4. Approve with the understanding that staff support would be provided only as indicated
and that there is no City financial commitment to the event.
5. Limit the site area from NW /SW 1 st A venue to NW /SW 5th A venue.
6. Require payment of permit application fee by February 4, 2005.
7. Process and approve an Amendment to the amended agreement February 11,2003 for the
$10,000 payment.
RAB/tas
CC: Clay Wideman
File:u:sweeney/events
Doc:Soul of Delray 2005
------~---
..
.. C· f 1 h DElRAY8EACH
Ity 0 De ray Beac · · · · I · A
Special Event Permit _
Application ~ ~ " III!
PLEASE TYPE OR PRINT 1993
2001
Event Namefritle: "1~\'rA-t:f. orb/.' 50L/L1á': Þd"'-r
Event Date( s): m ~ r t.h &...¡.! S-
1·..,rJ '.Ik. - Ie ,~Ð p.f\A. 0 £5 C" A..l -'If r f'<.-(..,()te...-~~JlI~' ø....--
Event Time(s): 'D:OO d.rK _ q:oop."". (1'\'\4,.('-' S') ~ ~ 3J~
Event Sponsor/Producer: 0". Q\Je.- f'''Ddu~-bof1
Event Contact/Coordinator: CJ ~ Wid e r1f\Q ~
Name: C-\ c.~ W,d( ~G'"
Address: UG «J. ~. J.H11t-dlc ~ VL
Telephone Number: .11;1.1 "2."-41fS""" Cellular Number: ':)f,l ~"_-Z161
E-mail Address:Uw.tJt.mo.... á)Q()I. c.øt'Y1
,
Sponsor Category (please check) City [:] Non-Profit/Charitable ~Private 0
Co-Sponsor - Non-Profit/Private 0
(If Non-profit attach proof of 501c(3) or (d))
Event Location (Describe area boundaries of event/location):
F ("0"" 5'" A v'e 4-0 Sw,.....+OIl\
Site plan attached yes no
(Site plan required for entire event site)
Event budget attached yes no
(Required for all events)
Serving or selling alcoholic beverages yes / no
(If yes, copy of license and alcohol liability insurance required two (2) weeks prior
to event)
1
.
. .
Event certificate of insurance attached yes no
(Required two (2) weeks prior to event naming the City as additional insured, also
-- - required for vendors) .-- - ---
- ~ ~ ~ -~
Playing of amplified music yes ~ no
(Waiver required)
Requesting Police assistance yes 1/ no
(traffic control/security)
Will supplement with private security yes «/ no
(If yes, need plan attached)
Requesting Emergency Medical assistance yes ~ no
Requesting barricade assistance yes t/ no
Requesting trash removal/clean up assistance yes V no
Requesting trash boxes and liners yes l/ no
Requesting stage use yes V no
(If yes, check type)
Large stage covered ~Large stage no cover 0 Small stage 0
Half,small stage 0
Requesting signage yes t/ no
Type: Event sign Directional signs ~
Banner hanging ~ Indicate dates required V
(Waiver required if more than one (1) week prior to event)
Food and beverage vendors 3)- "10 yes ,v no
If yes, approximate number
Health Department approval yes ,/"" no
Other vendors yes ,/ no
Tents yes t/ no
(If yes, tent permits and fire inspections maybe needed)
Will the event include amusement rides yes no
(If yes, type and location and copy of liability insurance required)
Will the event be gated yes no "'-
(Show on-site map)
2
I
. . .
.
Will there be fireworks or other pyrotechnics yes no )(
(If yes, contact Fire Marshall)
-- ~ -
Will there be cooking with compressed gas f...-.A no - ::iÏìt.;
yes
(If yes, contact Fire Marshall)
Will you be providing port-a-Iets for the event yes L/ no
(If yes, locate on-site map. If no, indicate how you will handle restroom
needs)
Will there be a charge for the event yes no V
(If yes, indicate ticket prices)
Is reserved parking requested yes v no
(If yes, indicate locations)
It t\ ruoS LCUC'".j. .
~~~~ ~J,olo~-
Eve ontrac or/Coordinator Date I
Please print: Lla.,/ f.Ð~ 'Nt 6tt ~4 ~
Please enclose the appropriate non-refundable application fee payable to the
City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444.
.
Application fee received $
Site map
Budget
Certificate of insurance
Hold Harmless agreement
Security plan
Waiver alcoholic beverage
Railroad approval
Coast Guard approval
501 c(3) or (d) certificate or letter
Health Department approval
Fire Inspector approval
Police Department approval
Public Works approval
Parks and Recreation approval
City Commission approval
3
December 15, 2004
ADDIE L. GREENE
Commissioner, District VII Mr. Clay Wideman, President
Delray Merchants Association
104 West Atlantic Avenue
. Delray Beach, FL 33444
Re: Funding Approval "Celebrate the Soul of Delray, 2005"
Palm Beach County
Board of County Commissioners Dear Mr. Wideman:
Governmental Center, 12'" Floor
301 North Olive Avenue
West Palm Bea.ch, Florida 33401 This is to serve as notification that I will contribute up to $10,000 froIn
(561) 355-2207
Fax: (561) 355-6332 n1Y District vn Recreational Assistance Program Funding to assist with
cross- over talent/entertainment for the "5th Annual Celebrate the Soul
of Del ray" event that will be held on Saturday, March 5th, 2005.
South Office:
Southeast County Complex As you know, payment will be processed on a reimbursement basis with
345 Congress Avenue
Delray Beach, Florida 33445 certain criteria as previously discussed. The procedure for the
(561) 276-1350 distribution of these funds is through a formal agreement with an entity.
Fax: (561) 276~ 1365
If you have any further questions or need additional assistance, please do
not hesitate to contact Gladys Whigham, my Administrative Assistant at
agreene@co.palm-beachjl. us 561 276-1350.
Also, your request and a copy of this letter is being forwarded to Susan
Yinger, Grants Procurement Administrator, Parks and Recreation
Division, who will initiate the paper work for the agreement
I am very pleased to assist in this upcoming and exciting event. Best
wishes to you, your dedicated volunteers, and the Community for
continued success in the coordination of this venture.
Sincerely,
ß/æ; ~<~ ~
..- ¿; ...... t !X. t'l, (. f...(/-1l)x....--
Addie L. Greene
County Commissioner, District VII
cc: Dennis Eshlen1an, Parks Director
Susan Yinger, Grants Procurement Administrator
"An Equal Opportunity
Affirmative Action Employer"
.
@ printed on recycled paper
·
EVENT
BUDGET
Celebrate The Soul Of Delray
March S, 2005
Revenue:
QIIh
.. DDA - projected $ 500
.. CRA .. projected 500
.. County 10,000
- Vendor Income 5,000
.. Other Sponsor Income 45,500
Office Depot
FPL
Orkin Pest Control
Wachovia Bank
Local churches
Greek Organizations
Unique Production
Bellsouth
-- DMA
-
- Cash Total 61,500
Inkind
.. City of Delray Beach 15,000
(Staff overtime, signs, power, stages)
.. Coke (product, advertisement) 3,850
.. Advertisement 5,000
In kind total 23,850
Total Revenue 85,350
.; ~
CELEBRATE THE SOUL OF DELRAY
Projected expenditures
March 5, 2005
Expenditures
Cash
- Entertainment (includes sound, lighting) $30,000
... Insurance 1,100
... Port- 0- lets 1,000
... Printing 1,000
- Marketing 2,500
... Entertainer Hotel costs
... Entertainer Transportation 3,000
... City of Delray Beach 10,000
... Rental portable area lights 300
-
48,900
In kind
- City of Delray Beach $ 15,000
... Coco Cola $ 3,850
- Advertisement including Radio & Newspaper $ 5,000
Total In kind $ 23,850
Total Expenditure $72,750
I t
I ~
."'- t
: .
IIII n III i~lli}RJ~Y I ~
71·
~a,
!i .
] ·"11
~~ .
!o,
~i:
\~:
I .
.0·
'C1
:CIJ;"
.. .
Ü III1IIII1
f:.1111 I nil! , II.!) 11111 il ~
- .- -
-
-.
,
--
..
INTEP~AL REVENUE SERVICE DEPARTMENT OF THE TREASURY
P. O. BOX 2508
CINCINNATI, OH 45201
Emp~oyer Identification Number:
Date' JUN 1 8 2tJJ3 65··0865374
DLN:
203154003
C LAS S OF PALM BEACH COUNTl INC Contact Person:
C/O FRANCES CARTER JOANNA YAWNEY ID# 95078
241 N'W 9TH AVE Contact Telephone Number:
DEl¡REY BEACH, FL 33444-0000 (877) 829-5500
Accounting Period Ending:
Decembe::- 31
Form 990 Required:
- . Yes
Addendum Applies:
Yes
- Dear Applicant:
Based on information supplied, and assuming your operations will be as
stated in your application for recognition of exemption, we have determined
you are exempt from federal income tax under section S01(a) of t.:he Internal
Revenue Code as an organization described in section 501(c) (3) .
We have further deter~mined that you are not a private foundation within
the meaning of section S09(a) of the C.::>åe, because you are an organization
describeà in sections 509(a) (1) and 170 (b) (1) (A) (vi) .
If your sources of support, or your pU1~oses, character, or method of
operatjo~ change, please let us know so we can consider the effect of the
change on your exempt status and foundation statas. In the case of an amend-
ment to your organizational document or bylaws, please send us a copy of the
ame~ded document or bylaws. Also, you should inform us of all changes in your
name or address.
As of January 1, 1984, you are liable for taxes under the Federal
Insurance Contributions Act (social security taxes) on remuneration of $100
or more ycu pay to each of your employees during a calendar year. You are
not li~bl~ for th.::: t.2.X impos'3d under the Fed'~ral Unemployment Tax Act (FUTA)
Since yo~ are not a private foundation, you are not subject to the excise
taxes und~r Chapter 42 of the Code. However, if you are involved in an excess
benefit transaction, that transaction might be subject to the excise taxes of
section 4958. Additionally, you are not automatically exempt from other
federal excise taxes. If you have any questions about excise, employment, or
other federal taxès, please contact your key district office.
Grantors and contributors may rely on this determination unless the
Internal Revenue Service publishes notice to the contrary. However, if you
lose your section S09(a) (1) status, a grantor or contributor may not rely
on this determination if he or she was in part responsible for, or was aware
of, the act or failure to act, or the substantial or material change on the
Letter 947 (DO/CG)
~ ,
-2-
C LAS S OF PALM BEACH COUNTY INC
part of the organization that resulted in your loss of such status, or if he or
she acquired knowledge that the Internal Revenue Service had given notice that
you would no longer be classified as a section S09(a) (1) organization.
Donors may deduct contributions to you as provided in section 170 of the
Code. Beqùests, legacies, devises, transfers, or gifts to you or for your use
are deductible for federal estate and gift tax purposes if they meet the
applicable provisions of Code sections 2055, 2106, and 2522.
Contribution deductions are allowable to donors only to the extent that
their contributions are gifts, with no consideration received. Ticket pur-
chases and simila~ paymen~s in conjunction with fundreising events may not
necessarily qualify as deductible contributions, depending on the circum··
stances. See Revenue Ruling 67-246, published in Cumulative Bulletin 1967-2,
on page 104, wh~ch sets forth guidelines regarding the deductibility, as chari-
table contributions, of payments made by taxpayers for admission to or other
participation in fundraising activities for charity.
In the heading of this letter we have indicated whether you must file Form
990, Return of Organization Exempt From Income Tax. If Yes is indicated, you
are required to file Form 990 only if your gross receipts each year are
normally more than $25,000. However, if you receive a Form 990 package in the
mail, please file the return even if you do not exceed the gross receipts test.
If you are not required to file, simply attach the label provided, check the
box in the heading t~ indicate that your annual gross receipts are normally
$25,000 or less, and sign the return.
If a return is required, it must be filed by the 15th day of the fifth
month after ~he end of your annual accounting period. A penalty of $20 a day
js charged when a returr. is filed late, unless there is reasonable cause for
the delay. However, the maximum penalty charged cannot exceed $10,000 or
5 percent of your gross receipts for the year whichever is less. For
organizations wich gross receipts exceeding $1,000,000 in any year, the penalty
is $100 per day per return, unless there is reasonable cause for the delay.
The maximum penal~y for an organization with gross receipts exceeding
$1,000,000 shall not exceeå $50,000. This penalty may also be charged if a
return is not complete, so be sure your return is complete before you file it.
You are required to make your annual information return, Form 990 or
Form 990-EZ, ~vailable for public inspection for three years after the later
of the due date of the return or the date the return is filed. You are also
required to m~ke available for public inspection your exemption application,
any supporting docu~ents, and your exemption letter. Copies of these
docume~ts are also required to be provided to any individual upon written or in
person request without charge other than reasonable fees for copying and
postage. You may fulfill this requirement by placing these documents on the
Internet. Penalties may be imposed for failure to comply with these
requirements. Additional information is available in Publicat10n 557,
Tax-Exempt Status for Your Organization, or you may call our toll free
number shown above.
Letter 947 (DO/CG)
.. ..
.
.
-
-3-
C LAS S OF PALM BEACH COUNTY INC
You a~e not required to file federal income tax returns unless you are
subject to the tax on unrelated business income under section 511 of the Code.
rf you ð.re subject to this tax, you must: file an income tax retu.rn on Form
990-T, Exempt Organiz3t10n Business Income Tax Return. In this letter we are
not determining whether any of your present o~ proposed activities are unre-
lated trade or business as defined in section 513 of the Code.
You neeà an employer identification number even if you have no employees.
If an employer identification number was not entered on your application, a
number will be assigned to you and you will be advised of it. please use that
number on all returns you 'file and itl all correspondence with the Int~rnal
Revenue Service.
This determination is based on evidence tha~ your funds are dedicated
to the p~rposes listed in section 501 (c) (3) of the Code. To assure your
continued exemption, you should keep records to show that funds are expended
only for thos~ purposes. If you distribute funds to other organizations, your
records should show whether they are exempt under section SOlCc) (3). In cases
where the recipient organization is not exempt under section SOlCe) (3), there
should be evidence that the funds will remain dedicated to the required
purposes and that they will be used for those purposes by the recipient.
If distributions are made to individuals, case histories regarding the
recipients should be kept showing names, addresses, purposes of awards, manner
of selection, relationship (if ar¡y) to members, officers, trustees or donors of
fUr\ds to you, so that any and all distributions made to individ~als can be
substantiated upon request by the Internal Revenue Service. (Revenue Ruling
56-304, C.B. 1956-2, page 306.)
If we have indicated i~ the heading of this letter that an addendum
applies, the enclosed addendum is an integral part of this letter.
Because this letter could help resolve any ~Jestions about your exempt
status and foundation stat~s, you should keep it ìn your permanent records.
If you have any questions, please contact the person whose name and
telephone number are shown in the heading of this letter.
Sincerely yours,
~f ~~
-
Lois G. Lerne r
Director, Exe~pt Organizations
Rulings and Agreements
Letter 947 (DO/CG)
-- --~---
-~-4--_____
--
- --
AI/RUlh OrCRU
-. ... .
. ~.
. ~.,. ~ - -
. .' t
---
~
[IT' DF DELRA' BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
... Writer's Direct Line: 561/243-7091
.......CIIy
, ~ III! MEMORANDUM
1993 DATE: January 25, 2005
TO: City Commission
David Harden, City Manager
~-~
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Proposal for Settlement in Levv v. City
The Plaintiff, Mr. Levy, was riding his bike along Congress Avenue north of Lake
Ida Road and adjacent to the Rainberry Lakes Development. A person was
standing up the wall, separating the development from Congress Avenue, spraying
a substance into the development. Part of the hose the person was using was
located on the sidewalk and allegedly caused Mr. Levy to lose control of his
bicycle and crash. Mr. Levy has sued the City as well as other entities claiming
that we employed the person who was standing on the wall spraying the
substance. The person on the wall was not an employee of the City.
The Plaintiff's attorney has submitted a proposal for settlement to the City in the
amount of $7,500.00. At this time our office recommends that we do not accept
the proposal for settlement.
Our office recommends that this item be placed on the February 1, 2005 City
Commission agenda. Please call if you have any questions.
cc: Chevelle Nubin, City Clerk
q:r-
---- -- -~ -----~------- -
MEMORANDUM
TO: MA YOR AND CI'n COMMISSIONERS
FROM: CITY MANAGER rl
SUBJECT: AGENDA ITEM # q ~ - REGULAR MEETING OF FEBRUARY 1. 2005
APPOINTMENT TO THE NUISANCE ABATEMENT BOARD
DATE: JANUARY 31, 2005
At the City Commission meeting of October 5th, Bernard Federgreen was appointed to the Code
Enforcement Board creating a vacancy. This would be for an alternate member serving an
unexpired term ending March 31, 2005.
The Nuisance Abatement Board was established by Ordinance No. 59-96 on January 21, 1997,
for the purpose of hearing evidence related to the existence of certain public nuisance on
premises located in the City. The board consists of five regular members and two alternate
members. Members shall be residents of, own property, own a business or be an officer, director
or manager of a business located within the City, and are appointed by an affirmative vote of at
least four members of the City Commission.
The following have submitted applications and would like to be considered for appointment:
See Exhibit "A" attached
A check to confmn all are registered voters was completed. All are registered with the exception
of Kenneth Kaltman. A check for code violations and/or municipal liens was conducted. None
were found.
Based on the rotation system, the appointment will be made by Commissioner McCarthy (Seat
#4) for an alternate member serving an unexpired term ending March 31, 2005.
Recommend appointment of one (1) alternate member to the Nuisance Abatement Board for an
unexpired term ending March 31, 2005.
Ac\~\\:,~\ ~\f\,~~
---------~ -
NUISANCE ABATEMENT BOARD
EXHIBIT "A"
John Bennett Retired Attorney
Greta Britt Psychologist
Pearl Markfield Elrod Realtor (also applying for Planning and Zoning Board)
Philip Friedman Realtor/Financial Aid
Kenneth Kaltman Financial Manager
Linda Leib Assistant Office Manager
Nicholas Loeb Real Estate
Bryce Newell Senior Account Executive/Manager (also applying for Planning
and Zoning Board)
Arline Sherman Physical Therapy Manager
DB.RAY BEACH
,........
... AËCË/VËO
.. 'lJ1lI I bif CITY OF DELRA Y BEACH
"llt BOARD MEMBER APPLICATION JAN 2 8 2005
CITy CLERK
1993
2001
infonnation: ¡l<hJ
1.
2.
Ù~·
3.
4. Principal Business Address:
¡{jf} /tlfðr
5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:
~____""'_I."""I: _.... 1_ -. ~-
List all City Boards on which you are currently se or have previously served: (please include dates)
t
y related professional certifications and licenses which you hold:
, \
eJ' f, ú!
I hereby certify that all the above statements are true, and I e and understand that any misstatement of material acts
contained in this application may cause forfeiture upon my part of any appointment I may receive.
Óo-iLt=": ßW ~Lt~ J8¡;lM5
SIGNAWRE TE
Note: This application will remain on file in the City Clerk's Office for a period of2 years &om the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
s\cßYCLERK\BOARD\APPUCA1l0N
MEMORANDUM
TO: MAYOR AND CI1Y COMMISSIONERS
FROM: CITY MANAGERV1t!\
SUBJECT: AGENDA ITEM # ~v.... - REGULAR MEETING OF FEBRUARY 1. 2005
APPOINTMENT TO THE NUISANCE ABATEMENT BOARD
DATE: JANUARY 28, 2005
At the City Commission meeting of October 5th, Bernard Federgreen was appointed to the Code
Enforcement Board creating a vacancy. This would be for an alternate member serving an
unexpired term ending March 31, 2005.
The Nuisance Abatement Board was established by Ordinance No. 59-96 on January 21, 1997,
for the purpose of hearing evidence related to the existence of certain public nuisance on
premises located in the City. The board consists of five regular members and two alternate
members. Members shall be residents of, own property, own a business or be an officer, director
or manager of a business located within the City, and are appointed by an affirmative vote of at
least four members of the City Commission.
The following have submitted applications and would like to be considered for appointment:
See Exhibit "A" attached
A check to confmn all are registered voters was completed. All are registered with the exception
of Kenneth Kaltman. A check for code violations and/or municipal liens was conducted. None
were found.
Based on the rotation system, the appointment will be made by Commissioner McCarthy (Seat
#4) for an alternate member serving an unexpired term ending March 31, 2005.
Recommend appointment of one (1) alternate member to the Nuisance Abatement Board for an
unexpired term ending March 31, 2005.
NUISANCE ABATEMENT BOARD
EXHIBIT "A"
John Bennett Retired Attorney
Pearl Markfield Elrod Realtor (also applying for Planning and Zoning Board)
Philip Friedman Realtor/Financial Aid
Kenneth Kaltman Financial Manager
Linda Leib Assistant Office Manager
Nicholas Loeb Real Estate
Bryce Newell Senior Account Executive/Manager (also applying for Planning
and Zoning Board)
Arline Sherman Physical Therapy Manager
~......,; ..,...z-~t(~ - -- ..
.
/ð-/-é)~
,.¥': Bf;As:t! ild : "eel A#¡
-'I .~
1 CITY O:F':.D.E·LR4V'II.EAC.H
~_ "_ 1'~', -'_ ' - r_r -tr
,IIOA_D M~M;8:J;:R.,A~P~',CATI.ØN ~
" . " :. Lone
199.3
. -2001'- . aeo-h ~.e~e GJ.
Pbse type 0,J' Þrint the foD~,ûÍform,a1Ìøn:
1. lastNamé:~6/~ErT-- :. :Name :::T OI-/-Á1 ',N.L
- c- w.
.2. Home A~ess: '0 ' ' . ;'Státe '~:~é
13-:¡- s 6'+(!/U::'~ /J./Ç '.ty 06-~/ K~ R--' 73'-1"
3. Legal Residence: " "City -. 'Sta~ 24» COde,
cJ /(}Mç-
4. PdnåpaJ Búsiness'Aadie.ss: . :"Cìr¡ State 'Zip"Codé
N/A C!4/¡;'-d &t14rJ\~ )
--
5. Home Phone: Bt1siness Phòne: &MaiI ~.AOébss: Ce1l Phone: Fax:
2 ?4-F,K6o - Li-J; klAð( ck.lf':1 ~ao(.<..s.¡, LJllf -8160 2-=J4-?LjS-
6. Are you a registered v-orer? 'U.IO. where· are you registered?
yes -P~~7 8~
7. What Boud(¡) are you intereSted in.serving? Please list m·Order,óf práùence:
- ß
k'~,J..ÞNitð~,( Aï,{,~ ~~c..'-I) BOkM of- tlhfJw~~1- ~Aíw!~<:.-A~~~ g~;?
8. List all Cit{Boards'on'whiëh yOu are currently serving Or hive ptcVious!y.savcd: (please iDc1udc dateS)
--¡;" Þ1. r J r;c/tAu Wk.. ~ (w..> I), lt1~,~ 2PID ~hf'J~ ~_:itt.v ÙJ/-o?-
9. EducaåonaJ qualifications: - ...
8,A-. (W/ hr~" JrÜ'l1-'Y.J) S 1,...Øv-"/z. ~ úY c... ¿'/~ ~ ;J. D. ~ LJ~W"k.. V"' -.J ~ ~
. ~/-t-. .- LL.µ, Uh,V¿ ~;t, .:$1- U t:R..1 ~ '~f~
10. List an}' related profesSionafcCRffications and Jicense,swhich you hold:
I71Lr /~ z),µJk-d ~L (Y- L.... Z?c::ò-/
, ~ -.'
11. Gwe your 'present, or most' recent' employer, and position:
a.
UJ. N,4VYj S'7Jt1T¥' -;J c/[)(,.c.tC ~-:>V¡) ~ ~,#7/h/Oí'R.. A/AJVÞ2-- ISMle. ~~:/'Q,.J
/
12. Desaibe expcrienœs, skiDs or kDowJedge which qua1ily yOu tò ICfVC Oß this board: (pJcasè atach . briellCiume)
~ æ ¡kit:'" d
.
J'hercby emf}- mat all the above statements are trUe, aDCrJ,lpCe.and uodemand that any ~ of mlu-6\11 &as
contained in this appJi~on may cause forfeiture upon my .partol aqy appoinunentI may receive.
::;24-- ~ ~ (gc/-ok () Lð-tY3
.
I 51 . 1URE DATE
Note: 1ñis applicaâon wj J œøWn on file in the City CIerltr, O~ffl=áom the date it-was- ~_.
.submitted. It will be the applicant', responsibility to ensure .'curren II' - 'caóon:ÏI on file.
. ~1ION
OCT .. . t 2003
- .- "'....." ". '-1'"'1"
JOHN C. W. BENNEIT
137 SEABREEZE AVENUE
} DELRAY BEACH, FL 33483-7017
~
COMMUNITY ACTIVITIES:
Beach Property Owners' Association (Trustee 1999-present; Vice
President 2001,2002)
Progressive Residents of Delray (PROD)(Director 1999-present; Vice
President 2000; President 2001-02
E.P .O.C.H. (Director since 2002)
Chamber of Commerce (Member, Local Government Issues Committee)
School Advisory Committee, Atlantic Community High School (member
1999-2003; Bylaws Committee Chair 2002-03)
PROFESSIONAL EXPERIENCE:
1995-present, retired attorney (U.S. Navy Judge Advocate)
\ 1974-1995, naval officer with a variety of assignments involving law and
policy
1973-1974, law clerk to the Honorable Paul H. Roney, then of the U.S.
Court of Appeals for the Fifth (now Eleventh) Circuit in St.
Petersburg, FL
EDUCATION:
Formal:
LL.M., Law & Marine Affairs: University of Washington 1981
J.D.: Georgetown University Law Center (Editor, Law Journal), 1973
B.A. Economics (with High Honors): Swarthmore College, 1970
Continuing:
Leadership Delray Beach 2002
PROFESSIONAL AFFILIATIONS:
District of Columbia Bar (Inactive)
American Bar Association
American Society of International Law
SPECIAL QUALIFICATIONS FOR SPECIFIC BOARDS
J NEIGHBORHOOD ADVISORY COUNCIL:
· Active for past several years in the affairs of my neighborhood
association (Beach Property Owners' Association)
· Active for past several years in broader issues of concern to
neighborhoods throughout the City through membership on
Board of Progressive Residents of Delray (PROD)
· Aware of concerns of business community through service on Local
Government Issues Committee of the Greater Delray Beach
Chamber of Commerce
BOARD OF ADTUSTMENT & NUISANCE ABATEMENT BOARD:
· Extensive experience during my Navy career with applying regulations
to specific cases.
'.:' i · Thorough familiarity with due process requirements for imposition of
criminal and civil sanctions: developed while representing criminal
accuseds and administrative respondents, prosecuting on behalf of
the Government, and advising adjudicatory authorities.
· Adjudicated innocence or guilt and determined appropriate penalties
in a number of minor criminal cases.
.}
.;
-- ----~--- ~
--
. - -' ~ip~/kr
?";J-tJ5
OflRAY BEACH
.......
:-
....**
j _AmerIca, ~ITY OJ= ~ELRAY BEACH
'tilt
BOARD MEMBER APPLICATION
1993
2001
Please or tint the foUo . infmmation:
1. Last Name=jJJ fl-}Q;( ~ L- 'ª-o Ì) M.L
2. ~ome ^ddr~5: I£ST NL
tJ~ W
3. Legal Residence:
_ S A-J/?? Z-
4~åP~:~:Add~~ ~ Ci St2te Zip Code
~~ 7)ty/) O-A-- (2/1-/0 11 FL 3?><t ~'Í-
s. Home Phone: Business Phone: E-M2il Ad~e5s:tcJ11 Cell Phone: Fax: 79 'h
. 6bl ;no¡ Ç-7/7 5b/ 70;)... 7"3oò i3- 11/7 L ?~tJrn 6b 17()~ 73tJD 66/;) ð7A
6. Are you a registered voter? ~S If so, where arc you registered? ez-JR/J
7. ~'hat Board~are you inte~ested' sef!Ïng? Please Jist in order ol prelcIence:
Ö fi'/~ CZI9--t--¡ n
J-A-/Ub
\
,/ 8.
9. EducatíoIW qualificatíons: III G-II <:';:ChÓð
10. List an}· related professjon21 ceniti . ons and licenses w . cb you hold:
'2-19-
12. Describe apcrlcnces, skills or knowJedgc which qu2lify you to serve on ûús board: (pJeaSc attaeh a brief resume)
d-D Y!2-S ~A ~Ai.-7ð~
, Fz1h ShJ S- f,)fJ V /D IJ
tf5 f)1î,flf!líl fI-< Iá fl ~ 5~ Zf-~ ~ ~ .? [Do P
J h~by certify wt all the above statements arc true. and I ~ and undeßtand that any misstatement of ø',rM'Ì21 bas
_' con . cd in dús apP.Daåon ma cause ~ d'dture upon my put of ane. r;omunent J may receive.
i I ¡ . C . REC~IV ;-2:3 ~ 0 ~
. SIGNATURE JUl 2 4 Z003 DATE
Narc: 1bis applicaåon will remain on file in the =~. period of2 ycan from the date it was
submitted. It will be the appliant', respo' ute ~t a CUITClt appliC2tion is on file.
KJ1'YC1IU~TION
í13í!UU~ ~¥:~~ ~AA tm UUZ/OOZ
RESUME FOR PEARL BUNNY MARKFIELD
;
¡ ELROD
DIRECTOR RESEARCH DEPT:NATIONAL ENQUIRER NEWSPAPER
(14 Yrs)
REALTOR: COLDWELL BANKER REAL ESTATE (22 YRS)
(multimilJion dollar producer)
PRESIDENT: MERRI1T PARK HOME OWNER'S ASSOCIATION
(4 yrs)
BOARD ME1~ER PROGRESSIVE RESIDENTS OF DELRA Y (2
YEARS)
:MEMBER SWfNW REDEVELOPMENT TASK FORCE (FROM
INCEPTION) PRESIDENT BEAUTIFICATION COMMfITEE FOR THE
NW/SW REI)EVELOPMENT TASK FORCE)
.ì
MEMBER DELRA Y LOOP
a.CO-MANAGED TROLLEYS FOR OPENING DAY EVENT
b.WORKEI) ON CLEAN-UP CO~TTEE DAY BEFORE OPENING
r. OF LOOP-PICKING UP GARBAGE IN SWfNW SECTIONS
c. WORKED AT DELRA Y FRESH MARKET WEEK PRIOR TO LOOP
OPENING DISTRIBUTING ANN01JNCEMENTS OF THE FOLLOW
ING WEEKS OPENING CEREMONIES
MEMBER FUND RAISING CO~TfEE FOR THE MlLAGRO
CENTER
'\
DRltAY BEACH f?t7q / kr / !;,¡C(nd
.,.....
*,....** ·Õ- -:fCJ ~
AHRa1ca1 CITY 0' DELRA Y BEACH
i 'lilt -SOARD MEMBER APPLICATION
1993
2001
infonD2tion:
N
2. ~ .r:DAJe
3. Legal Residence: ~o¿
~
4. Principal Business A~dress: 'City State Zip Code
E-Mail Address: Cell Phone: Fax:
7.
8. e currendy serving or have previously served: (please include dates)
.' .) NO .Ne-
9. 1'<~ï7_J'..1 :5 c4~ I ~ L.<.. S ,n.te. . ~
10. List any re12ted professional certifications and licenses which you hold:
Drv {A.~l,J
f material facts
j
Note: This application will remain on file in the City auk's Office for a pod of ~ from the date it was
submitted. It will be the applicant's responsibility to ensure ~~~ :. on is on file.
S'01'Y~TION
'1 f In MAY 31) 2003
~I..-v r'-I r:RK
- . .
"'P"'- \ \\.~ çt1..\ ed.fV\.~ .
<7 6:,0 A-\ \4~ ~ ~(4.~
- ì - ~~ ~ 9\ bß\{~3
~~l -;;J-7(p -d-rµ:J7
-
.. S\4CQ..~rO
'1 1S.A. I~ '¡;~~h\1C.5 -H-t,.~Cø )\~)
. N~ ~~Ct!Jr. Ir:;~ ~
J\1\~.ß.. <b~ ~ CO} ·"YCA.- I N~o~
, . C-t ~ (C, '-S-
IN l!J a..\,{. e~\ e.t\I~
. . It:; ti,s-- lez6'iS CLAJ\QtV ~ølLCø~~oÑ
~T~ ~\~'-~+
-) 1C¡~~-/97r- L.e.UefL ~(l..ø~~ - g~
. TA-)( ~\qlt~+-
/C¡7~- tOz'lf{ l~ u.vL~eß~1fit!~
. '~(S'}~U¡VI\l~I~ÌÅ. (" N~~'9--t (}.lc~.
"h. \l~,-/
- , I ('ì ~S - (~ 7D ^l.vÑ~n.kM~N.I'Y\~-r.uz£-
~~\rJ. tÑ +t.e- C~k~-i\...~ - UNt-s _
-=t(1A~~ S-I (~"'9JJ-e{J (.. \~þ",,_c~~JOPh~
~~k .
~eh\ Bò~ J <Ã.~7~.J ~ ~OD\AJ
ì co\l~~O ·
7 -0(3-2ØØ4. 1 ø: 1 2AM FROM NCS 561 330 764.8 P.2
7-~-Ó(P
DURAY BEACH knQIlCCtJ Ihaf\~eý
...".......
.....
;'i¡i! CITY OF DELRA Y BEACH
BOARD MEMBER APPLICATION
1993
2001
Please e or rint the followin inforoution:
1. Last Name: C~~W\~ Name ç:; '\' ~f. 1.
t~ r\~
2. Ho e Address~ ~ S \- Ci!:y State Zi! Code
08 ~ ~ U\},." ~ D~,- FL- 3'1
3. Legal Residence: City Sute 3à~~~
, Nt ~ ~\.t...ü-", t.(.. I~ g~~ 8-
4. Principal Business Address: City State Zip Code
~S-ç- A6" S~ ß,~~~ 1) 'U-tl ~~ f=L- s"3'tJ3
5. H01ne Phone: Business Phone: E-Mail Address: Cell Phone:Jb ( Fax: .!1 (
~(-¿7'-{~7Jf ~ Nf..$ 0" U('ol.t (ð l'i\ a7Ô-~'8S~ 13ò -70 YV
6. If so, where are you registered?
7. 'W~ ßoard(~e you intítÇ¡ed it:> ~Þrc';f'\g? Please~l orde~preference:
.s r-t ~~~ (}-~t
".. J. 8. List all City Boards on which vou are currently seivÙlg or have p.reviously sèrved: (please include dates)
. -)
9. Educational qualifica~ns: f'\'f '^St-vt~ F(~e-Q
N\.~~~\.
10. List any rebted p~s~o~ certifications and licenses which you hold:
11. Give your present, or most recent employer, and position:
:
12. Describe experiences) skÍlls or knowledge which qualify you to serve on this board: (please attach a brief resume)
~ ~\A
e ove statements are true, and I agree and Wlderstand that any missta~ent of material fa-ets
. n may cause forfeitur: upon my part of any apPointmen~ 1;]e;:;
DATE .
\
! Note: Thi~ application will remain on me in the City C~etk's Office fœm~years from the date it was
submitted. It will be the applicanfs responsibility to ensBI.W .lication is on file.
S\CtTYCLERK\BOARD\ArPUC".A nON
,/$ 1m JUL --'6 200~
~ITV ~I ~RK
7 -ø6-2ØØ4. 1 ø : 1 3AM FROM NCS 561 330 764.8 P.3
" j Kenneth T. Ka1tman
National Compliance Services
355 NE 5th Avenue
Defray Beach~ FL 334&3
1994- present - National Compliance Services - Manager and Field Auditor
1982-1994 - National Regulatory Services - Sales and Compliance
1978-1982 - The Securities Group - Senior Partner! Trading and Compliance
!
1965- 1978- Lehman Brothers - Senior Vice Presiden~. "Tradìng -: established
London and Tokyo office for Lehman
1961-1965 - New York Institute ofFinance/University of Tampa
NASD Exams - Series 63, Series 7,""Series 24
.,
".: !
. )
DELRAY BEACH / ~ßf//ÆJ
.'0.'0"
***** (þ/ c7f!- 11R·
AlI-AmeItcaCity CITY OF DELRA Y BEACH
, , II I!
BOARD MEMBER APPLICATION
1993
2001
1.
2. L \I D~
3.
--.
4. City State Zip Code
- --
Business Phone: Fax:
11.
I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts
cont d in this applic . on may cause forb . e upon my part of any appointment I may: receive.
RECEIVED
DA
DEC
Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's respoeÞlh¥ ~t...r6.QKhat a current application is on file.
s\CITYCLERK\BOARD\APPUCA TION
OKRAY BEACH '()- ~- Olo
...0..0" 'ü~ ~ ~~
***** 0~
All-AnøtcaCity CITY OF DELRA Y BEACH Oe¡- 0 /v~()
, 'II I!
- - BOARD MEMBER APPLlCATIO~/ry B <'001
C~~J»>~
1993
2001
Please e or rint the- folIo . infonnation:
1. Last Name: LOE8 Name N ¡CHIJJJJ.s MI.
2. Home Address: City ~/f¿t &~h State Zip Code
o /8 I<l"ai~Stll)(c IJtJ.-Y- F¿ 33183
3. Legal Residence: City State Zip Code
0/1n11. III above,
4. Principal Business Address: City State Zip Code
2.2~ {}¡/adlJ Rd· ~uìk 223A. Boat /ld¡ T\ PL Jg43
5.' Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:
5l,/. 2.6S·3Q70 ~ I . 2-41 - '3'/7 I nmlo(b@ 40/·Utr- -3Jð 'YE 4 . t+zS-
6. Are you a registered voter? yes If so;wher~ are you registered? PALI1 BE-lIc!l cry':
7.
- Glaláfio;1 foad
~.. List all City Boards on which you are currendy serving or have previously served: (please include dates)
j
NON~
9. Educational qualifications: ß/lalELtJR- ðP SC//3VCC /¡if hIlNA6Ð1ENT I AivA tVCG h 1I-1OIL
10. List any related professional certifications and licenses which you hold:
()ßl-riFtE:o . '()Li () FA'
f!. tV I
--
11. Give your present, or most r~cent employer, and position:
NlèJfolAf~ Loæ /JVïF1..NATlONIf'L I f'Rø"fJENI/ LeD
12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume.)
SEE A1TA (j/£/J Re5UNE .
I hereby certify that all the above statements are trot; and I agree and understand that any misstatement of material facts
contained in this a licatio y cause forfeiture upon my part of any appointment I may receive.
/6;;6 &i
DAlE
"-
Note: This application will remain on file Í1i the City Clerk's Office for a period 'of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
S\CITYCLERK.\BOARD\APPUCATlON
-- ---------- - ---------- ---
1
Nicholas M. Loeb
mnIoeb@aol.com
; 2255 Glades Road- Boca Raton, Florida 33431 sui~ #2?-3A- (310) 384-6425.
PROFESSIONAL EXPERIENCES Boca Raton, Florida
2002 - Present Nidtolas Loeb International
President and Chief Executive Officer Los ~geles, California
.. Founded a real estate company to purchase and remodel properties. Have already remodeled and sold five \
homes.
1997 - 2002 International Prodúcûon Company Los Angeles, California
President and Chief mcutive Officer
· Incorporated and managed a company in the fÏh1\ televisi~ and media industIy. Develope4 and produced
major motion pictures.
· Secured financing of $5001(, devel~ produced, cast, or ylni7e<l managed and sold the award-winning
feature fi1m, The Smokers, to MGM, which has grossed over $5 million to date. Quincy Jones served as
Executive Producer, and Dominique Swain (Lolita), and Thora Birch (American Beauty) starred in the film.
· Produ~ organized, managed, secured financing and setup several episodes of an award-winning
documenta1y, The Living Century, with the Independent Documentary Association. Barbara Streisand served
as Executive Producer, and PBS has aired the show.
· Assisted in casting, scouted locations, and raised funding for the independent feature film, Absinthe.
Summer 1997 Primary Colors Los Angeles, California
Production Assistant
· Secured movie set, and provided and organized extra actors for the feature film starring John Travolta and
Emma Thompson directed by Mike Nichols. Developed necessary materials and contracts for actors and film
management.
} Summer 1996 Universal Studios Universal City, California
Corporate Development, Motion Picture Finance (Internship)
· Set up databases to produce information as requested on genres by categories for gross sales. Assisted the
motion picture group with analyzing financial data. Scouted and researched actors for future Universal
projects.
EDUCATIONALACTIvnnES
1994-1998 Tulane University New Orleans, Louisiana
A.B. Freeman School of Busines~
Bachelor o/Science in Management; Concentration in Finance
· On-Campus Orientation Coordinator
· Division 1 Track; Javelin
OUTSIDE ACTMTIES AND INTERESTS
· Council of Trustees for the Republican Party of Palm Beach County
· Member of the Boca Raton and Defray Beach Chambers of Commerce
· President of the Republican Club of Delray and Highland Beaches
· Centre Kids Committee for Center for the Arts at Mimer Park
· MSBL/MABL BasebáI1 Player; South Florida League
· Deputy SheriJI: Los Angeles County Sheriff Department
· Board Member, LOs Angeles Sheriff's Star Organization (LASSO)
· Vice C~ Sonòma Loeb Wmes
· Mèntber, Host Committee to "Starbright Foundation"
) · Member of tile "Nicholas Committee" to support the New Yorkers for Children (NYFC)
· Member of the Escada Heart Committee
· Volunteer Wrestling ~ Santa Monica High School
· Member, Screen Actors Guild
..,
· O~Y-MACH -j)/J4õtó.ro1 n¿t' ~
~..: ~:. Co. o:c ..~.. .. U eCl 'I P ~I!
...*'*~'*
AII-~City -
-. -,.=,.,.,- ·1~ ·1' CITY OF DELRAY BEACH _ ;z1IY S--
, (!b BOARD MEMBER APPLICATION
1993
2001 V~
Please (: or IÍnt the follo - înfonnåtion: ~ jJ 7
1- l.a.stName: A 1 /( Name /J M L
/v e LV e.J , 10 ¡- c: ê.
2. Home Address: City Sute Zip Code
~8'Q Alf ;J.~j Áúe. /JeJ/~ ßea.~£. r/ .3JlfY
3. Legal Rt;SÎdencé: City Stare Zip Code
S 6. J-V1 '2...
4. Principal Business .Addr~s: City S~te Zip Cod~
~o. J/J-€
S. Home Phone: Business Phon~ E-Mail Address: Cd! Phone Fax;
It( ;178- 30tF brJ€wef/1 ~hofMa:/µ.t (61)8'11-33//
6. Me. you a registered voter? _ e J If so, where a.re you registered? ~Æ
7. What B<>aI:d{s) are: yon Ínte:re:stê<l Í!l servÍtlg? Please list in order of preference:
/óv<¡/'j Ne¡ 1.~{}r(ølJj /J('/V;~~í CC44C/1 ~ :1E- ~/f I£Vl'e
leasE: includ~ _~t(;S) _ ____ _ __ _
9. Educ2.tÏ.on2l qualificarions:
A ·A. {¿¡IJ+"/~-l
~~. Lise any reb.tc.d profcssional certifica.tÌons and licens~ "\vwch you hold:
11. Give yow: presen~ or most recent etnployer~ and posicion:./ 1- - Iê. /(4
_ ~G .J t re/.f -eo-II
/<ealtc;í
12 DescnDe experiences~ skills or knowledge '\\.iùch qualify yon to serve on this board: (please attach a brief resUQ1e) ..
[ h~e:by c~ that "ill th~ ~b()V(: statements are: true" -and I agree and understand that <lny misst\téml:OC of mat;erw. faces
:on~:;:;,y =e fOrfci~;;;~I~~~y~pomnn~~0i;tl=
tNA . JAN 0 5 2005 DATÉ
Note.: This applialtioa will remain ?n file in ch~ City S:1~Â gffic~ for a p~riod of 2 years from. the date it was
submirred. Ie ,\'\.rill be the applicanfs ~þ-¡;¥a(f¡~É:H~w:e dut a current ~pp1icatÌon is on fill:.
- S'~OJ\1U)'-^?tUc..'lTlOtl
Bryce New.ell Home. (561) 21&-3068
210NE.2M Ave. Cell (561) &43-3311
DeIrav Beacb~ FL 33444 E-mail bnewell l@hotmail.COID
PROFILE
M3dæting :md sales ex.ecoúve wíth 6 years ofhigh level. outside sates exPeñen~. with a provðn tI'8.ck
1ecord in developing new business end driving reycnac in leading edge tooh1\ologi~ Strong analytka~
aœtivc, and. commwñc:ation skIlls devcloped through 8S3igmnrots in strategic pJ;mninf D~etíng
communicaåo~ product lauo.ch~ and uaining. Excellent leadersbîp 3biliû.cs d~ by delîveñng:
:results through highly moávutod and ímagi:nativc: tcæm..
ProfQSÎßnøl Expvîe1U:e
~N Communic:atiou; West Palm Beach.. FL 4/04-Prescnt
Sœior Account Executive
I
Provjde daD. produas 8Dd services to business ~ Florida and GCOQØ1I- Primary focus on
international multiple location corpoca.tÍoos relying on high use data tzunsport. In the top running
{<X rookïè of the 2114 half of the year award.
Mci..eodUSA.; ~ II.. 3/03-2104
Senior Aœount Executive
Mìd-Madœt telecommnnicaúolls sales position Úl grt:ater Chicago land arei My responsibUiry is
(0 acquire n~W Business only. Services consist of: PRI'~ TI-s.. VPN'"s,. Frame Relay and
Wifeless. Typical month includes nroning: approximately 15 new appointmentS.. resulting in 4 to
('; orders noging tìom SSOO to SJOOO_
ClearODe Commu.nications: Westmon~ IL
Senior Accotmt M3l\~ef" 7/02-12102
Vìdeoconfecendng Spedalist posíûon. brought on (0 establish madcet share in Chicago.
Company provides end-to-end soluúous foe vkleo~ audio and web conf<::r-c:;ncing scfYÍocs.
Primary customer fOC\lS is FominG 1000 8I}dHigher-Education market.
Tandberg, LLC; Cb.íçago, n.. 8/01.(,/02
~M~
." Respons1òle for selling TANDBERG Videoconferencing equipment to EducatíOll and Medical
Agencies.. Partnered with consultan.ts and system. integrarocs to provide dle ~omer with a
-complete solution. Current taritory cOQSistS of IUinois. Indianâ and Wisconsin..
. I.VIeW; Chicago~ IT.
Bu.siness Develooment Maoaf!« 10/91-7/01
Wod.ed with. ~ent deal~ system ÎD(cgrmors and te:leoommunicañon rompanies to d~lop
new accountS. IncÎ'cased company revenue by 20%~ by aeating a partnecihip program.. Developed
wod:ing re1ationsbips with ~ ÏDI~. equipment manufa<:rores and telecommunication
companiðS.. Consulted with IT and T ekcom Directors on Videoconferencing services.
CSC Office A1Itomation; Roning Meadows:, n.. -
Maior Account Manager 2/96-9/97
"EDUCATION
1991-1993 A-A., Business Management.. College ofDupag~ Glen EU~ II..
1993-1995 BS~ Business. AdministratíoD, Loyola UniWtSîty:- Q\icago. II,
.
DELRA Y BEACH /hjStitaj 7/erf!
f I. 0 . . 0 It. ,¿(élI7~ r
*****
AlI-AmeñcaCity CITY OF DELRAY BEACH
, , III! fÍð/&7
BOARD MEMBER APPLICATION
1993
2001
Please rint the followin information:
1. Last Name: 5'HéA.MAN Name AÆL.iN IE. M.l.
Þ.
2. Home Address: City Zip Code
.:3/gS- u...v: , fA S~
3. Legal Residence:
~JI.'1~ --- - -
4. Principal Business Address: City State Zip Code
- -- -
Mff
5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:
-
8. List all City Boards on w . h you are currently serving or have previously served: (please include dates)
N Srto N' ..
I E. ,
I hereby certify tnat all tHe above statements are e, and I agree and understand that any misstatement of material facts
contained in this application may cause forfeiture upon my part of any appointment I may receive.
~t.9.~~ R E r'" ç ¡ \,1 F- [" ,1'l/ðJ
~, ,_r ~.~., '. ".., -
SI NA TORE JAN 1 0 2005 DAm
Note: This a~plication.will remain o~ fil~ in-..tf~ S~~ .~l~~~f<ffice for a period of 2 ~ear~ fr~m the date it was
subtnltted. It will be the applicant s ~bnsIbilltj1:Ó ensure that a current applicatIon IS on file.
S\CITYCLERK\BOARD\APPUCATION
MEMORANDUM
TO: MA YOR AND CI1Y COMMISSIONERS
FROM: CITY MANAGER 0fV'\
SUBJECT: AGENDA ITEM # C\L - REGULAR MEETING OF FEBRUARY 1.
2005 APPOINTMENT TO THE PARKING MANAGEMENT
ADVISORY BOARD
DATE: JANUARY 28, 2005
There is a vacancy on the Parking Management Advisory Board for a representative in the
Atlantic Avenue Corridor, between Swinton Avenue and Interstate 95. This individual
would fill an unexpired term ending January 31, 2006.
The Parking Management Advisory Board was established by Resolution No. 88-97 on
December 9, 1997. The purpose of the Board is to advise and provide recommendations
to the City Commission regarding parking management policy and related issues including
but not limited to, the planning, financing, development, construction and operation of
parking facilities within the boundaries of the Transportation Concurrency Exception Area
(TCEA) as well as all public parking areas located along State Road AlA within the
corporate limits of the City. With the adoption of Resolution No. 63-00 the board's
membership was expanded from nine to eleven members to include a representative from
the West Atlantic Redevelopment Coalition (WARC) and a second citizen-at-large
representative.
The following individual has submitted an application and would like to be considered for
appointment:
Jeannette Dobson Parker's Kitchen
Pursuant to Commission direction, a check for code violations and/or municipal liens was
conducted. None were found. Voter registration verification was completed and she is
registered.
Based on the rotation system, the appointment will be made by Commissioner Costin
(Seat #1) for a regular member serving an unexpired term ending January 31, 2006.
Recommend appointment of one (1) member to the Parking Management Advisory Board
to represent the Atlantic Avenue Corridor between Swinton Avenue and Interstate 95 for
an unexpired term ending January 31, 2006.
FROr') : [lOESO FH>< NO. : 5616371675 Sep. 29 2003 12: 08pr'
P2
""..
OELRA Y 8eACH 9 -t99-¿25
. . I. . . Eo ...
It1E*d .1Átr6e.-
AR-a..tcac-Itv CITY OF DELRA Y BEACH
, IIII~
BOARD MEMBER APPLICATION
1993
2001
, Plea~c: type or Py'jot tþ.~ fono~~~fonl1ation: _.
1. Lase Name: ~ ¡;;;;n
2. . Home Addl"C.¡os: ~ :; h ef
~ ò is ~ ~AJ llih - /~-.
3. Legal R~sidence: /J Cjry Sr.atc
~ì/LR-,
4. ~M~ Citý State Zip Code
/;U . A Lrt - W c/" A 334iff
.f
5- I-lame:. Phone: E-IvíailAJdrcss: Pax.:
Rr1J tò )(,/-' Cff01 ~ c¡ 6]7-/1; ?
6_ Are you a reg.is tèrèd voter? If 'So, - :1ére. arc you rcbriste.rcd?
7_ \X1.1ë\t Board(s) arc: you IT\t€.rcstc
" Pre. sev VìL
5 "
C·
8. ust all City Boards on which you arc çurrc.nrly ~~iIlg 01' have pT(~
'~
9. Edtlcarionall1u.a)íficarioD~:
------.-..- -------
11. Gi\1 . our present., or ¡nost Icc.eur employeL> and position:
. ~ kAm-Þ ~lJtwitfi,j. (~ Ad ~!" -
12. Describe cxpt:r1encc.s, skWs ol-1müwledgc wruch qualify yOll Co serve OJ) y;bis board: (pkast~ atl..ach a brief resume)
DATE
Note: This application ,vill t'cmlin on tïlc in m<:, C;t.y Clerk's ()fficc for a pC",r\od of 2 yc~m~ from the datc it was
submirtcd. It will be the: applicant)s responsibility to e:n'5'R th-at 41 currellt ai)lication is on file.
E eEl V E SI£:ITYCI£ItK\ßOAIt )\A.PPLI<.:^TI(\W
SEP ? 9 2003
CITY CLERK
-- ------~-
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER P1
SUBJECT: AGENDA ITEM #q \'t\ - REGULAR MEETING OF FEBRUARY 1. 2005
APPOINTMENT TO THE PLANNING AND ZONING BOARD
DATE: JANUARY 31, 2005
Ms. Lesley Deutch has submitted her resignation from the Planning and Zoning Board. Ms.
Deutch was appointed on August 31, 2004 for a two (2) year term expiring August 31, 2006.
In order to qualify for appointment, a person shall be either a resident of, own property, own a
business or be an officer, director or manager of a business located within the City of Delray
Beach.
The following have submitted applications for consideration:
See Exhibit "A" attached
A check for code violations and/or municipal liens was conducted. None were found, with the
exception of Reginald Cox, who has an outstanding balance of$148.17 due to the Utility Billing
Department for six months of service and Mr. David Hawke who has a code violation for
performing construction work without a permit. Voters' registration verification was completed
and all are registered with the exception of Christel Silver who is a resident alien in the process
of obtaining her citizenship.
Based on the rotation system, the appointment will be made by Mayor Perlman (Seat #5).
Recommend appointment of one (1) regular member to the Planning and Zoning Board for an
unexpired term ending August 31, 2006.
~~\~~~
----
PLANNING & ZONING
EXHIBIT" A"
Paula Aridas
David Beale Attorney
Sara Coen Attorney
Reginald Cox Planner (currently on Site Plan Review & Appearance Board)
Joe Farkas Financing
Bruce Gimmy Retail
Sigurdur Hardester Sales Manager(currently on the Board of Adjustment)
David Hawke Architect
J ames Houck Property Mgr. (currently on the Board of Construction Appeals)
Karen Kiselewski Planner
Pearl Markfield Elrod Realtor
Eileen Marks Banking (currently on Nuisance Abatement Board)
Ralph Morse Vessel Examiner
Bryce Newell Senior Account Executive/Manager (also applying for Neighborhood
Advisory Council)
Edward Ostrowski Retired Engineer
Jerome Sanzone Building Official
Randy Schatz Attorney (currently on the Historic Preservation Board)
Christel Silver Realtor
Thomas Stanley Attorney
Harvey Starin Realtor (currently on Board of Adjustment)
Ronald Sullivan Sr. Zoning Planner (currently on Board of Adjustment)
Paul Zacks Assistant State Attorney (currently on Board of Adjustment)
Jan 31 05 02:46p p.2
01/JI/05 MON 11:27 FAX 561 243 3774 CITY CLERK ~002
~~LRt'~ B~~
bad
AII-Amerlca City CITY OF DELRAY BEACH
, , III!
BOARD MEMBER APPLICATIOK
1993
2001
Please type or pnnt the folloWU\2 informaaon:
1. Last Name: Na.1ne M.I.
ZACKS PAUL H.
2. Home Address' City State Zip Code
748 Place Chateau Delray Beach FL 33455
3. Legal Reside.nce; City S ca.re Zip Code
4. PrioClpal Business Address: City State Zip Code
401 N. Dixie Highway West P aIm Beach FL 33401
5. HOlTIC Phone; Business Phone: E-Mail Adc:L:css: Cd! Phone: rax:
561-498-2298 561-355-7396 pz50@yahoo.com 307-3583 355-7193
G. Are you a registered voter? If so, where are you regi.~tcrcJ?
Yes PRC Drecinct 17150
,. What Board(s) Me you interested in ~el'ving? Plc~5C list in order of preference:
(1) Planning and Zoninv (2) CRA
8. Lst ill Cily Boards on which you are currenùy scrving or bave previously served: (plcast; include dates)
r..... ~ i yo ]:tn.~.......f n.-F A..f-iouc>t-wnønt- '}no~ -
-oJ L
9. Ed\lc..1Jon~ qulÙific~non!'~
See attached resume
10. LIst any related profcssion-al certifications and hcenses wblch you hold
See attached resume
11 Give yOUI present, or most recent employer. and position:
Chief Assistant Statp A~ v_ P:.lm Rø~,..h r - v
12 De$cribe expencnccs, skill~ or kno\);f1edge which qu;ilify you to scrve on thIs board: (p)~ase attach a brief Iesuroe)
See attached resume
I hereby cc.cttfy th3t :\ll \h¢ ahov~ statements a.re ttUe, and I agree ..nd undeI!:'(~Ulð th.Jt ~llY m1S!L'1krnent of m~teria1 facts
e0(f ~ ~zrOY =u,. forfeiture upon my poet of >DY 'ppOlntmcnt 117~r~7:.r-
StGNX-l1JRE. DATE ' I
NotE:: Thi~ 3pplicarion will remain on file in the Cir:y Clcr"k's Office for a period of 2 years from the da.te it was
sub nutted. It will be: the apphca.nt's responsibility to ensur~ t.h:a.t a cwrent application is on file.
S\crrrCtlntX\OO~ (Jo¡T ()tt-
PAUL H. ZACKS
CHIEF ASSISTANT STATE ATTORNEY
OFFICE OF THE STATE ATTORNEY
401 NORTH DIXIE HIGHWAY
WEST PALM BEACH, FL 33401
EDUCATION B.A.,; Wayne State University; Detroit, Mich-
igan (1972)
J.D.; Florida State University College of
Law; Tallahassee, Florida (1974)
BAR ADMISSIONS Florida, 1975; United States Supreme Court,
1978; United States Court of Appeals, Elev-
enth/Fifth Circuit, 1981; United States Dis-
trict Court, Southern District of Florida,
1975; United States District Court, Middle
District of Florida, 1976.
PROFESSIONAL
EXPERIENCE Assistant Attorney General; West Palm Beach
1975-1978; 1980.
Legal Advisor, Palm Beach County Sheriff's
Office; 1978-1980.
Assistant State Attorney in Charge, Appeals/
Training Unit; Fort Lauderdale, 1980-1989.
Assistant State Attorney in Charge, Felony
Unit; Fort Lauderdale, 1989-1992.
Chief Assistant State Attorney; West Palm
Beach, 1993 to present.
CIVIC ACTIVITY
President, Homeowner's League of Chatelaine,
1985-1988.
Board of Directors, Delray National Little
League, 1992-1994.
Board of Directors, Delray Beach Soccer
League, 1988, 1995-6.
Delray National Little League Coach, 1983-
1995.
Delray Beach Soccer League Coach, 1983-1995.
Board of Directors, Boca Raton Waldorf
School,1983.
Board of Directors, Palm Beach County
Sheriff's Office Cancer Fund, 1979.
Advisory Board, Lake Worth High School
Criminal Justice Academy, 1993-1997.
National Youth Sports Coaches Association,
1988-1990.
South Florida Alliance to Combat Theft in our
Neighborhoods, 1989-1990.
TEACHING
EXPERIENCE Faculty, National College of District
Attorneys, 1995, 1996, 2000, 2001.
Instructor, Prosecutor/Public Defender Trial
Training Program, 1997-2003.
Lecturer, Florida Bar CLE courses on Criminal
Law, 1982 and 1984.
Lecturer, Florida Conference of Circuit Court
Judges, 1984.
Lecturer, Nova Law School, 1984 and 1985.
Lecturer, Broward County Community College
Criminal Justice Academy, 1985 and 1986.
Lecturer, Florida Prosecuting Attorneys
Association Annual Conference, 1998.
Lecturer, Florida Prosecuting Attorneys Asso-
ciation Seminar on Drug Prosecution, 1983.
Lecturer, Florida Prosecuting Attorneys Asso-
ciation Bridge the Gap Seminar, 1986, 1987
and 1995.
Lecturer, Florida Prosecuting Attorneys Asso-
ciation Post-Conviction Seminar, 1985, 1997.
Lecturer, Florida Bar CLE seminar on Media
Law, 1988.
Lecturer, Palm Beach County State Attorney's
Office, 1993.
Panelist, "Ineffective Counsel and Habeas
Corpus" , "You and the Law", Channel 17; 1987.
PUBLICATIONS Co-author, "Motions to Dismiss", Florida
Prosecutor's Manual, 1988.
Editorial Board, Florida Prosecutor's Manual,
1990.
HONORS
Distinguished Faculty Award: Florida
Prosecuting Attorney's Association, 1996.
Service Award: Florida Prosecuting Atorney's
Association, 1987.
OTHER PROFESSIONAL
ACTIVITIES Executive Council, Florida Bar Criminal Law
Section, 1988 to present (currently Chair-
Elect) .
Florida Bar Criminal Rules Committee, 1988-
2000.
Florida Bar Appellate Rules Committee, 1983-
1988.
Florida Bar Capital Cases Committee, 1985-
1988; (Chairman, 1987-1988, 2000-2001) .
Florida Bar Criminal Law Section, Appellate
Practice Committee, 1987-1988.
Florida Bar Criminal Law Section, Education
Committee, 1982-1983.
Florida Bar Government Lawyer's Section,
1991-1993.
Florida Bar Grievance Committee, 15th Cir-
cuit, 1993-1996; (Chairman, 1995-1996) .
Florida Prosecuting Attorney's Association
Education Committee, 1980-1995; (Chairman,
1985-1987) .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER p¡V1
SUBJECT: AGENDA ITEM # q ~ - REGULAR MEETING OF FEBRUARY 1. 2005
APPOINTMENT TO THE PLANNING AND ZONING BOARD
DATE: JANUARY 28, 2005
Ms. Lesley Deutch has submitted her resignation from the Planning and Zoning Board. Ms.
Deutch was appointed on August 31, 2004 for a two (2) year tenn expiring August 31, 2006.
In order to qualify for appointment, a person shall be either a resident of, own property, own a
business or be an officer, director or manager of a business located within the City of Delray
Beach.
The following have submitted applications for consideration:
See Exhibit "A" attached
A check for code violations and/or municipal liens was conducted. None were found, with the
exception of Reginald Cox, who has an outstanding balance of $148.17 due to the Utility Billing
Department for six months of service and Mr. David Hawke who has a code violation for
perfonning construction work without a pennit. Voters' registration verification was completed
and all are registered with the exception of Christel Silver who is a resident alien in the process
of obtaining her citizenship.
Based on the rotation system, the appointment will be made by Mayor Perlman (Seat #5).
Recommend appointment of one (1) regular member to the Planning and Zoning Board for an
unexpired tenn ending August 31, 2006.
--
PLANNING & ZONING
EXHIBIT "A"
Paula Aridas
David Beale Attorney
Sara Coen Attorney
Reginald Cox Planner (currently on Site Plan Review & Appearance Board)
Joe Farkas Financing
Bruce Gimmy Retail
Sigurdur Hardester Sales Manager ( currently on the Board of Adjustment)
David Hawke Architect
J ames Houck Property Mgr. (currently on the Board of Construction Appeals)
Karen Kiselewski Planner
Pearl Markfield Elrod Realtor
Eileen Marks Banking (currently on Nuisance Abatement Board)
Ralph Morse Vessel Examiner
Bryce Newell Senior Account Executive/Manager (also applying for Neighborhood
Advisory Council)
Edward Ostrowski Retired Engineer
Jerome Sanzone Building Official
Randy Schatz Attorney (currently on the Historic Preservation Board)
Christel Silver Realtor
Thomas Stanley Attorney
Harvey Starin Realtor (currently on Board of Adjustment)
Ronald Sullivan Sr. Zoning Planner (currently on Board of Adjustment)
ILES
RESEARCH
·31 Estate and Economic Insight ..
December 14;, 2004 RECEIVED
DEC 1 7' 2004
Chevelle Nubin CITY CLERK
City Clerk
100 NW 1st Avenue
Delray Beach, FL 33444
:
Dear Ms. Nubin:
It is with great regret that I must submit this resignation from the Planning and Zoning
Board of Delray Beach. I am moving out of the city on January 20th;, 2005, and will no
longer qualify as a board member as of that date. I was honored to serve on the Planning
and Zoning Board, and I look forward to watching Delray Beach grow and prospèr.
Thank you for the opportunity.
Best Regards~
M-t f)Jt
Lesley Deutch
,
"
122 Via O'Este, #504 . Oeliay Beach, Florida 33445
Phone (561) 252-0175 · Fax (561) 638-0759
DELRA Y BEACH
FLoaID"
***** 5-/1 -¿J(p
Ail-AmerIca City CITY OF DELRA Y BEACH
, ~ III!
BOARD MEMBER APPLICATION
1993
2001
information:
1. Name M.1.
2. Home Address: City State
3.
4. Principal Business Address: City State Zip Code
~~WeD
5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:
:JœJ..- S-6/.. ~ 7~-S~
6. Are you a registered voter? If so, where are you registered?
'6:
7. What BoardCs) are you interested in serving? Please lis~ in order of preference:
£~ "I. C -
. .
(;. a f .
8. List all City Boards on which you are currently serving or have previously served: (please include dates)
NoN
9. Educational qualifications:
10. List any related professional certifications and licenses which you hold:
11. Give your present, or most recent employer, and position:
12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume)
!Æ1) PÁANJV/UG- ßðRRi) JvlEMBL::.7? ßðF/ÆJl) U
r
. ..
L
0
I hereby certify that all the above atements are true, and I agree and understand that any misstatement of material facts
contained in this application may cause forfeiture upon my part of any appointment I may receive.
---/Ya./-t/4 . ~Jdd-d-/
"DIGNA TURE
Note: This application will remain on [tie in the City Clerk's ce for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ens"'"ifa, a7cM4t application is on file.
S\CITYCLERK\BOARD\APPLlCA TION
CITY CLERK
1955 N.W. Tenth Street
Delray Beac~ Florida 33445
May 1422004
Ms. Karen ScheU
Executive Assistant
City ofDelray Beach
100 N.W. rt Avenue
Delray Beach Florida 33444
Dear Ms Schen:
I strongly believe in participation in the community. Perhaps my previous experience can be useful on one of
Advisory Boards in The City ofDelray Beach.
PLANNING BOARD:
The Board of Trustees of the Incorporated Village ofRoslyn, Nassau County, New York, appointed me as
a member of the Planning Board in 1997. I served until June 2003 when I left Roslyn to live in Delray
Beach.
The Roslyn Planning Board is lead-agency in land use, sub-divisions, site plans and plats and landscaping.
The Board is guided by the Master Plan in protecting the hillsides, water:tfont2 historic vistas and its
architectural heritage~ which include seven pre-Revolutionary structures and one-hundred-ten pre-Civil War
) buildings in its four Historic Districts.
LABOR RELATIONS:
I served as one of four Shop Stewards at large representing Local No. 3 International Brotherhood of
Electrical Worker~ AFL-CIO, In an agreement with Philips Medical Systems of North America. The Union
represents one-hundred-six X-Ray Service Engineers.
Between' t 983 and 1995 I participated in four full contract negotiations; ftom negotiation of positions to
strategy .to counter proposals and recommendations for approval. I also háve experience in monitoring
contract Ç()mpliance2 the grievance process, and in resolving conflicts between members and management.
~~d~
Paula Aridas
)
I
(561) 243-3166 p.2 ___
Dee 17 2003 12:13PM DAVID A. BEALE, P.A.
,..?A....~.~- .ru_I=-aII._....j!l~ iE.~"Ii~..ø. 'r.:~\'II..·..~~--.1.=-~t: ·
12/16/03 TUB 16:09 FAX 561 243 3774 CITY CLERK (4}002
P\"¥Y.~ft1
'~I~gll""n . CITY O~ DELRAY aEA':;H
,. BOARD ,.,E-MBER APPLICATION
. -'993
.2001
Name' fJ:>M' D ~.J.A-
City S~e. Zip Code
caGc.. 4-fw.- ~ ."jqpl"
City S~te Zip Code
~. . àpal Business Address: City State .2.ip Code
1~ tiE ~¿u.. J ;16-, Ir4Af ß~c.L- FL 3'1éf3-
- 5. omc Phone: BUÚDeas Phoac: E·MaiI AddrCIS: CdJ Phone: 5t" I Fax: 'SlS I
<'Cat) 'V-{ft31 ~~~& -'4-77 J.~h4:0,,"tl. -ølt3-.}.þ~(J 3-3/'"
6. Are you . registered VOIel'? ]( 10. where arc you registered? a 0 c.. ~
7. What Boa.rd(I) are JO\1 iin~cncd m KIVÌI1¡? Please lisr in Order 01. pmÇ1'Cncc; D DA- , Þ.,¡- Z- PAt
S ~~
8. Lút áU Qq- Bouds an whic:h you aR CWTcndy suvini or have previouÌJy .avåi: (pl~~e iodude cL.œs) ~4 ~ __
9. EducaåoD.a1 qu21ificaDoøs: CÔ-',.,u I 65 . fd ~J ~ /...a,,¡v :r D
U. ivc YoW' preleot, or most r«eat empJoycr..and position: ~ .
~
. ~I all ch~ above aalcmCoD ue tNe.. 1 ~.aød 1m4cniand tb.ø 8aJ IDÏIn;.a::lDalt o£maU:zial facu
. 1hio .ppJic:ad _)' CaUSe forfciDlft vpoa my part of any .ppo~~), receive.
A. . . ~ (~ 2<lú3
ΠD
Nore ThJs Application '9i1J remain on tile in the ûty c~t~ Oftiu for. pcåod of 2 JcaR from rh~ chte it was
søbmitted. It will be the .pplkantY. rcsponsibilil)'to en.n.ue wt a CUttCDt app1iøÞoD is on &Ie.
~
RECEIVED
DEC 1 7 2003
CITY CLERK
.10
, . DAVID A. BEALE, P Å.
~~
3SS~5'~
ErUÙ6 ~
~~,~i3~83
., _ TELEP~ONE (561) 243-.1477
FACSIMILE (561) 243-3166
EMAlL daL38@oornelledu
'~." CBU..PHONE (561) 213-2()4.()
FLORlDA.AND NBWYORK
NEW \'OR{( OFFICE:
750 nmm AVENUE - 29TII Fl<X)R
NEW YORK. NEW YORK 10017
TELEPHONE (212) 949-01D3
OR (212) 682-2288
FACSIMILE (212) 682-2414-
'.
. .
DAVID A. BEALE
David A. Beale is a graduate of Cornell, University (B.S. 1971) and Fordham Law School (J.D.
.1974, Law Review 1972-74). He is a member of the New York ~ar (1975) and Florida Bar (1990).
pavid' Beale is· a member of The Florida Bar Association, New York State Bar Association, and
. Ässociation of thë Bar of City of New Y or~. He belongs to the Entertainment Arcs and Sports Law
"Section. of the Florida Bar, where hë is on the Executive Çoun~il .and Chairman of the Públishing
Committee. He is ~o active in the Medía Law Committee of the Florida Bar, and the Intellectual
. Property Law Section of the New York Bar Association.
Mr. Beale has spent his entire ca:reer representing the ,needs of small businesses and their owners,
the sizes ofwhiéh range from stårt-ups to companies with $100 million iñ sales. His practice encompasses
. all types of corporate; partnerslûp, 'employment and commercial agreements, including leases, prpperty
'purchases~ ånd finapdng agree~ents, ~ well as all types of litigation that relate thereto. ~e is able to
work with clients who have sole proprietorships as well as partnerslûps and corporatiops, and to guide
: . . them through the intricaåes of licenses, fictitious names, inèorporation, corporate d~ent
requirements, employment agfe.ements, shareholder, votiQg and buy-sell agreem~nts, confidentiality and
non-compete agreements, mergers and acquisitions and c~editors rights. Mr. Beale can give guidance on
yendor, 'setvi~e and software 'agreements, as well as negotiate and litigate disputes over same.
On . personal level, Mr. Beale can advise and counsel on all types of matters, including wills,
truSts, health surrogates, powers of attorney, living wills, and probate, real estate, rentals, name cha~ges,
bankmptåes, debtors ånd creditors rights and homeowner 3:1ld a$sociation rights. When a client" s rieed
arises, he works with the best attorneys in -the fields of matrimonial, personal injurY and estate planning.
Real estate closings c~n take place in his suite, 'with title work don~ by associated counseL
Qients of the firm are found in the areas of ~anking, publishing, distribution, marketing,
licensing, food, drugs, cosmetics, restaurants, real property, cÎirect mail, fulfillment, accounting, non-
profits, partY planning, catering, equipme~t sales and finandng, arid employee management and training~
....:.
J He'lias extensive experience in emploÿment law issues, and spends a great amount of time counseling
corµ.paoies and their human resources professionals with questions èoncerning discrimination, harassment,
disabilltie~, EEO, Family Medical Leave and Fair Labor Standard~. If such issues cannot be resolved by
counseling and negotiatio~, Mr.- Beale håS litigated all types of employment law issues.
Mr. Beale is outside general counsel «;0 a national and international distriþutor of magazines and
books. employing over 1500 perSons nationally. Mr. Be4Ùe has also represented national magazine and
book publishers, and film and vi<\eo p~odu<:ers. and has negotiated and drafted- c!JntraÇtS for clients that
.cpver eyefy conceivable area of need, including copyright. trademark, rights a_cquisiti~n, licensing,
... . .publishing. distribution, printing, merge~, and assets ~d stock purchase and sale agreements.
He also has extensive litigation experience in state and federal courts all over the country in all
. related areas, which include infringements of all types, li~lJ slander. invasion of rights of privacy and
_ publicity, First Amendment issues, unfair competition, as well as enforcement of contract right~ in these
~eas.
INTELLEcruAL PROPERTY AND MEDIA PRACI'ICE
David A. Beale is experienced to handle a wide array of issues and problems in this practice area,
including rep~c:sentation of magazine _ and book publishers, distributors, film and video producers.
The areas of expertise covere9 by Mr. Beal~'s-practice indu<;le the following:
* Trademark and û>pyright Practice - This area encompasses everything from registrations,
devt:lopment, licensing, infringements and unfair trade practices. Experience includes
litigation of all types, from the Trademuk Office to federal court actions for infringement
action, including the prosecution ~nd defense of preliminary injunctions.
* Publishin~ - The firm has extensive experience in negotiating both magazine and book
contracts coveríng the following areas: publislûng rights, printing, distribution, licens~ng
and fulfillment.
* Media - The firm can JIleec all n~d in.this area. including, libel. slander, rights of privacy
and publicity and all ocher First Amendment issues.
* Television and Film - The firm has experience in development and production deals. as'
: well as performance and location rights. Experience has included the clearance for
.production companies for copyright, trademark ançllöcation rights.
:
." . . Mr. Beåle frequently develops new approaches to issues and problems, advising clients and
litigating on a nåtionallevel, while remaining constantly ~ware of the client's desire -to remaïn C9SC-
". effiåent in today's economy.
. 4-
.. . . . . . ~
EMPLOYMENT LAW PRACTICE
David A. Beale believes the most effective way to handle employment law -claims is through a
preventive a.pproach. This means that he will work with e~ch client long before any claims arise. If a
problem surfaces,. litigation can· be handled in a cost effective and prof~sional manner.
In. today's business ~O:vironment, companies are· recognizing that it is- es$ential for an experienced
lawyer to draft and/or review employ~ent policies, procedures and provide -training t-o ail supervisory
I
personnel After extensive consulting with the client's Director of Human Resources, or other responsible
_ individuals, i~. order to determine the problems and issues specific to each client, Mr. Beale will ensure
that the client is prepared to handle the wi4e array of employment ~aw issues that may arise. These may
include one or mor~ of the following afe~ of employment I;¡.w:.
.Hiring and evalwU:ing employees *Employee Compcosacion ðc. fringe be~fi(S
*SupCrvisocy training *Employment termination
'*Employment disccimi~åon. and harassment *Employmcnt contracts & agreements
Ttde Yµ. ADEA, ADA *Drug tcsåag
*Bmployee personnel fd~ and ñgbt to privacy *No smoking policies
*Employee evaluation *Disçiplinacy programs and procedures
*Secucicy issues * AIDS
·*Jab S2Íecy *Family Medical Leave Act
*Rcduction in force; re-C!ngin~cing
~Compensatioa ðc. work schedules
. His loss prevention and litigation skills are needed to serve your needs, and work with your
Human Resources on a regular basis (daily, weekly, as required) to create a partnership. No employer
should face today's empJoyment law problems· alone. David Beale will always be available to be your
partner in problem solving'-
- -
.. ..
_DAVIDA. BEALE, PÅ.
Law of&ëes '\
355 NE 5111 Avenue
Sui~ 1
DE~YBBACH, FLORIDA33483
TELEPHONE (561) 2ß.1477
FACSlMlLÈ (561) 243-3166
BMAIL~
- ADMITŒD: œu. PHONli (561) 213-20400
FLORIDA AND NEW YORK
NBWYOBOFRCE:
750 111M> AVENUE - 29TH FLOOR
NÈWYÒRI<. NBWYORK 10017
m~PHONE (2~ 682-2288
FACSIMILE (2l2J ÓS2-24!7'
March 11, 2002
. - City of DeIray Beach
100NW 1st Avenue.
Delray Beach, FL 33444
.Dear SirlMadam:
Enclosed please find my Board Member Application for P&Z, CRA, and DDA, together with
infonnation about me and my law practice.
I appreciate your consideration of my Applicatio~ and· look fQrward to hearing from you.
Very truly yours,
DAB:dsl
Enclosure
- .
.-' :- -, RECEIVED --.
-
.
MAR 1 3 200Z
CITY CLERK
DELRAY BEACH ANy
'lO.,OA
***** s,/r--¿J6
AlI-AmeltcaCity
, ~ II J! CITY OF DELRA Y BEACH
BOARD MEMBER APPLICATION
1993
2001
Please rint the followin information:
1. Last Name:C ()(:;-;J Name~~ M.l
~
2. Home Address: City State Zip Code
I z-03 Ne- ~M Ave . ;J> ~I. ~ch r'- ~3 <JS3
3. Legal Residence: City State Zip Code
~
4. Principal Business Address: City State Zip Code
5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:
~Cø I) ;r1-6- $0 ~
6. Are you a registered voter? If so, where are you registered?
.AJ0~-
7. What BoardCs) are you interested in serving? Please list in order of preference: ;'
71-a hAl-
S,. J.e- la/l Æeví~ /9"d e..A ~ ee ïJJ· or .11 ci UJd
8. List all City Boards on which you are currently serving or have previously served: (please include dates)
1 /JoN<=
9. Educational qualifications:
1)ocrO~ .- ( Ph . cL ( "d=vn>oS -Z:;>OCrD<.. ^'1 A- s?ë-72. .q.r- ¿Aw- -
10. List any related professional certifications and licenses which you hold:
¡-Ion-.J.A -a-n-e. (CA n cYcúH..e :J vi. '0 _ _ C~ ¡::'--e¿¡ <::"0(') rr H-ecÚiq4-ê>,t!! /2~
W-e...:>r 7h'1-"'7
¡e:-/on-~ ~- Le-w CI~,K., ( Z-ÐO z-
12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume)
dC/ln ·c<..J/.¡.-c¡r7-Y1 <?X "..,-e.rlCl2 _,6 , ;' n ~uru ~VT"~ .4-~"C4 ~~ V...$.
Good .
'77 eJ,' ArDr2... .. ~ ¡µ/:ed. oC c<.t/rv-rA/f c/4 èù?.d /e 4 &~e-~'
Ýi1Ç,.-r ~nowl¡¿ cI oF" #leAl <E~ ~ 'FD ~. - /1c..R/1T iý'] ~/~ ~,e.s
I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts
contained in this application may cause forfeiture upon my part of any appointment I may receive.
~ ~~~~~-
SÍGNA DA
EIVED
Note: This application will remain on file in the City Clerk's Office for a period of 2 years &om the date it was
submitted. It will be the applicant's responsibþlJA'Vto1e&tiIUl"-at a current application is on file.
S\CITYCLERK.\BOARD\APPLlCA nON
CITY CLERK
Sara coen
1203 NE 9th Ave. Delray Beach, FL 33483 (561) 278-8013 saracoen@,hotmail.com
Objectives and Strengths
I am an attorney with a Master's in Trade and Banking, and European Law, currently completing an LL.M on Taxation. I
will be sitting for the Florida Bar on July '04. I am a Certified Country Court Mediator fluent in five languages. My
interests include urban zoning and planning, real estate and property law. I have experience in mediation and arbitration,
commercial law, conflict mitigation, judicial reform, and immigration. I have also worked with the World Bank and the
United Nations Group. My strengths include:
· Fluent in English, Spanish, French, Italian and Portuguese (written and spoken).
· Excellent writing skills, good communicator and careful listener.
· Comfortable working with diverse multicultural perspectives, and presenting alternatives
for conflict resolution.
· Doctoral Degree in Common Law and Civil Code System with professional experience in
the U.S., Europe, Latin America and Brazil.
Education
St. Thomas University, Miami, Florida. Master at Law (LL.M) in Taxation, Candidate (May '05).
St. Thomas University, Miami, Florida. Juris Doctor Degree.
The American University, Washington DC. Master at Law (LL.M) in International Trade and Banking.
Université de la Sorbonne. Paris, France. Studies of Master in Commercial Law and European Community.
International Court of Justice. The Hague, The Netherlands. Private International Law Certification.
Universidad Iberoamericana. Santo Domingo, Dominican Republic. Juris Doctor Summa Cum Laude.
Université Paris X Nanterre. Nanterre, France. Bachelor in Arts in Business Administration of Tourism Enterprises.
Legal Experience
DISTRICT COURT OF APPEAL. West Palm Beach, Florida (Aug. '04).
Law Clerk for Judge Barry Stone.
THE FLORIDA BAR. Cypress Creek, Florida. (6/01 - 10/02).
Law Clerk. Unlicensed Practice of Law Division.
Conducted legal research, wrote memoranda and affidavits. Practical litigation experience drafting subpoenas, preparing
pleadings and interrogatories, participated in depositions and interviews.
INTER-AMERICAN DEVELOPMENT BANK. WORLD BANK GROUP. Washington DC. (6/93 - 5/96).
Legal & Summer Intern at Budget and Evaluation Office. Project Consultant at Project Analysis Department.
Wrote internal publications regarding ex-post evaluations of judicial and social reform, and gender issue projects in Latin
America. Worked with judicial refonn projects, alternate dispute resolution, contlict mitigation and trade barriers.
ORGANIZATION OF AMERICAN STATES. Washington DC. (10/92 - 5/93).
Legal Intern. Legal Department.
Performed research in the Library of Congress and wrote comparative analysis for the harmonization of regional
legislation in intellectual property.
SETERIE LUIGI BULGHERONI. Lake Como, Italy. (7/90 - 12/92).
Legal Consultant. Silk manufacturing corporation.
Prepared and negotiated licensing agreements. Worked with copyright registration.
Other Professional Experience
YUPI INTERNET INC. (Currently YupiMSN). Miami Beach, Florida. (6/97 - 6/00).
Content Editor and Business Developer.
Founding team member of company purchased by The Microsoft Network in 2002. Responsible for content. Drafted and
negotiated strategic alliances. Prepared presentation for investors.
CARDS FOR WOMEN. Washington DC and Delray Beach, Florida. (6/95 - 12/99).
Founder and Marketing Director. Specialized in reproduction of artwork.
Placed company on the list of top 100 US Hispanic Business. Client list included Walt Disney, Coca-Cola, Exxon and
Citibank. Participated in White House presentation for Hillary Clinton.
CONSULATE OF THE DOMINICAN REPUBLIC. Paris, France. (1/88 - 5/90).
Assistant to the General Consul.
Handled commercial receipts and visa documentation. Served as liaison and translator for investors and diplomats.
- . ...,,- - --:--,... --..... -.. -.""';' """"':~... ..,...~ C'- ~'A1-c ~,.J/Ia:·a.. ~ v·~t= '-!-~~-
.. .. . .
- PI6inn:YI!j
. 3-d -dcP
-
.
. ..' 1 t 1-1.- -. - CITY ot: DELØAY BEACH
.. ~ . -
BOARD ~8_APPUCATION
..
.
. m~(tQQ:' . , .
.. .
. .'
.. ~:t4=t1 -
.
. ~ tip Caëk
~eqI FL ·3?Jff!A-·
. ~
. Pili:
ßP5 {j22~
. .
. . .-. ~t\ Cð..
.
.
.
.
- . . -
t.
,:.
.
. . . ....
. ·lp!iCr)'CXJ-'tQ~oøthä~ .
.1<¡£.
/G
--...
..
.
þ
~ MAR !::. 2 zoo~
CITY CLERK
.--........ .....-....----
REGINALD- A. COX :
407 ~ Cocal Trace <;ïrçle
- De~y Beach FL33445'
(561-266-5748) - - ,
- -
ObjectiVe: To obtain a position in a çonstoIction or related organization focusing on arclûtectural,
construction, b~ er,rebted management or iøstéuction.
The-environmejlt should· encourage prof~~nal development and
offer ca~r advancement opportunities.
mGHLIGHTS OF QUALWICA1;IONS
· 1~ yðal'S diversÎ.fied ~xperience in Architecture, avil ~gineering, Construction-Management. and
StirveyiQglMapping. (6 years architectmal specific.)
· Ability to prioritize. delegate, and motivate. ,
· ·Quick learner; 1hríve Ú1 a dynamic, challenging environment.
· Work cooperatively with a wide i'aDge of clien~
RELEV ANf EXPERIENCE & ACCOMPLISHMENTS
.' COostnImoD DQcumeutation
· Associate Degree Drafting and Design T~logy, Palm Beach Co~~ty College, 1990
· Recognizé and underStand drawings/symbols from ~t:ectUraI and engineering drawings.
· Oversaw, u¡xþf.e<L and·maintained civil engineering systems drawings for the City of Dekay Beach
Environmental Servjces Dep3rtment fò~ four years.
~ ~y completed aI'Cbit:ectUraI construction documents for ed~onaL ~ffi.ce, residential,
conuµerciaI. and retrofit pro~ts over the las~ nin~ years.
· Analyzed and intërpreted -legal descriptions to produce di~tal surveys, maps, and resowœ planning
boimdaIies. ConServation and Recreation Lands Program (CARL), Florida Dept. of Env. Protection
· Production Team member for several commerciai office," and eduçati.ona). facilities in Central Florida.
· Performed construction documentation review for compliance -witlr municipal, state, and 'national
building codes.
· Perfòrm structural building inspections for residential and èol11II1ërciaI facilities.
· Perform shop drawing review for multiple educational, meæ~tile, and business facilities.
AdmlnistratlonlManagement
.; Responsible for training and overseeing drafting téchnicians ÎÍ1 the production of workÍng drawings for
multiple commercial projects. Sverdrup CRSS, 1998-2000
~ Successfully managed various 3IChitectm:aI -projects, with budgets òver $1,.000,000 from preliminary
: design tbrough CODStnÍction documentation.' - - .
· RespoDS1òle for reduèing.construçtion document phase by 50% on 45,000 SF mercantile proj~ts.
· Moni~ and reported cost information to area engineers and archi~ts for cost C()ntrol data ~d
collected information for specific discipline. BechteI., 1992 -
· . ·AdminiStered sûbcontraët procedures, as applied to lower-tier subcontractors, Bechtel 1993
. .
.. ProdUC¢ spreadshe.ets as required for submittal, inspeCtio~ and hoisling and rigging as pertaining to
subèontracts. Qrider the U.S. Department of Energy prime' ~tqlct Bechtell99~ -
.: ... . Oversaw and directed FAMU-NOMA M~~i~trative funçti~ for three years. (1993-1996)
. Developed division of responsibilities and stan~ ooOUIJj.ttees
. . . . Developed and Supervised otg1l~i"'.;:Jtional budget
· Organized key ~rsomiel to~ establisbing a F10ñda chapter of the National Organization of
Minoñty Arcbi~ (NOMA). .(¥ay 1999) ,
Co~puter SkiPs
· ~ponsible for upØating computer hardware and softwåre, working as office liaison for computér
, . . prpblems. Office of EnVirònme~ Services, $tate of Honda -
-. Over eight years diversified experience uSing AutoCad (Release 9~ 14)
· Completed course in Advanced PC-Troubleshooting: (June-l996 Essentiál Seminars)
:
· Competent user of a variety of software which include MicroStation. Microsoft Word, Excel, Outlook.
CorelDraw, WordPerfect 7.0, ArcV¡ew, Novell Gr~UpW1Set AS4OO, and Auto Architect.
..
Page two
REGINALD A. COX
'WORK HISTORY
NOv'01 - Project CooidÎi1ator FanningIHowey~iates, W~PaIm~
Oct '00:" ÑovOl Plans Exåminer n City òf Dehay Beac~·Delray,.FL
~g ~8- Oct '00 Project Arcbitect Sverdrup CRSS, ~do (Jatobs Eng. Group)
Nov cg7_ Aug '98 Project Architect $tottler Stagg ~ Associates, Orlando _
)day W-Nov,91 Intern ~tect . , Hunton Brady.Pryor Maso Architects, P.A.. OrJando
Sep c96-~b '97 AIchitectm:a1 µrafting Goodwin-Goodwin and Associåtes, "r-allahassee
Dee ~5-May C97 ~gineeñng Technician m Sta~ of Rorida-Office of Environtnental Services
Aug .,3-Dec '95 AutoCad Operator , 'State of florida-Bureau of Survéy ~d Mapping
May c93-Aug '93 Subcontract Technical- Rëp. Bèchtel.Construction-~ø. sp (~RS)
Jan C92-Aug '92 Field Tecbnician Bechtel Construction-Aiken, SC (SRS)
100 c86-Dec '91 Draftsperson . City of Delray Beach-En\jronmental Services Dept.
EDUCATION
. . . M~ of Business AdIninistr3tion, - PNI\'ERSITY OF PHOENIX, ZOO!
Bachelor of ArchiteCture -·FLöRIqA ~ UNlVERSITY.·I997
Bacþelor of Science, ArchitectnralS~ - FLORII;>A A&M UNIVERSITY, 1995
Associatë of Science, Drafting! Desígn Technology - P Al.M BEACH COMMUNITY COILEGE. 1990
Associate of-Arts, ~èatÍon - P AiM BEACH COMMUNITY CQILEGE, 1991 -
REFERENCES
be. Richard Dozier, NOMA. AlA - Professor of Architecture, Florida A&M t!niversity
·Roy F. Knight,.AIA - Past President Florida Association of the ~rican InStitute of AIchiteCts
Roþmd Udenze, A1.A - PasfPresident Orlando AlA
-Dr. Greg Brock, Fnvironmental Adt.ninistrator, Division of State Lands FDEP
'.
-
..
. . . -
:
. _ArM· .Jr:;'M-hc-ìl\~
~-r"'4 ..
" -~ c.5-f-éÅ .
~ fìTïïflll - CITY OJ=' ~ELftAY.~EACH
. ~ . - BOARD·~EMB"E.RAI~PLICATION
1'993
" 2.001
PÏcåsc ~ or ~t die fu1l~infm:maòon: "
~J. .
I. 1.::tst Name: N~e. -::::rá
. ~ .
~ . - ~~
[/~- ç¿-
3_ San:
Ciq . Snu:c: Zip Code
,4' ~ &/.0 þe:..sr ..I';:~ /~~.,~ /'7
j >$r/?
5. ,Home Phone: 13-Mail..Addzess:
y¿~
7." Wh2i:~(s) UIC]'OQ ~c.cd iø. ~ PIc:asc 1ù\:io. OIdcc o£~c:n::ucc -
PR'/ </?£vA--::r'/A'~ . q~ - ~ r ~.,I"._ ~""':/.,
/ ~A-'Â''/~~ ð ;;:'~A.//-----¿;- ~/?.<~...r /~d- . ..r ~/r:=>. -
B. L.iK aD Ciq- ~OU'ds on 'WhicJi ~\) arc:: aun:ødy sáYing or h:ave ~sIy;Ja'Yø:b ~c I:Qdade. daC"eS) __
9. EduaUQaaJ ftI!ldñè::a.õons:
E.B4
10. Un any ~ pm£cs'Úoo:oa1 cenitì:aùons 211d licenscs ~cb you h¿Jd::
11. Give yaw prc.Ïtcø~ or )DOSt: rc:ccnt qnploy~ .aDd posiåoØ: -
1'£/,4r~...,c...->~p-d ~~~ ~~ ,4---;"'....f-,/ -Á~~ V"/?<:::'- ""'-....-é'"'-'..r.
... .
J2.. ~a:ib~ apc:xicoa:s. d:iIb or bowL:dgc wIíí~ ~JOU 10 Kl'VC øø dis boud:.{PJcas¢ ararb . bãd ~e)
<A./V/)¿"~/~· " /'f/ I <~/ ¡?L--<..C /'?~/ Y""-"--;' '. . ./.: . _ ,
,. ...-
VPvL/~~",,<~_ /~,d' .~ /~?~A.r¿'~~/A..?.A¿ r'L.d'--t;/~ ....._
J hc:ft:Ly cesôly~ all dte~vc ~~é:na ~ ~ aDd J ~.cåd ~ød 1ha.~.,;.~ of ~.-ft...I6.cú
cuøaiDcd iø. dJis 2ppIic:aãoa msq cause -£ai:ti:iDU'l: upon arJ p:u:t of any -.ppoimmClu: I mq ~ -
~çk_. -. ::.7f/--~~~ý'
:nJJΠ..D. \.YE.
N~ ·Tbì. applia-õon 'WÏll rcmaío oø life in th~City a~s Office £or a þc:rlod of2 yc:u:s ûoœ me dm: ï~ w:as
submiued. It will.be 'me .pp1ican~~ n:spoøsaòility 10 CDSUr'f; m:ac l- CÙØcnt: ~cåtÎoD is 00 file..
. ~
RECE'VED ."
MAR . :~l 200~
CiTY CLERK .
- - ~'7 Nonhwest 3'7th Arenue
..
. Ddray Beach, florida 33445
(407) 499-4578' ,
;
-,
, SUMMARY -OF OU~I;~CATlÒNS
l
.. Positive ,-caD do" at1Îtude
. Organized a,ad innovative .
~ Ex~ßènt interpersonal relations
, '.. 'Effective \fIIitteil communication skills -:
,.' :.. Adaptable and 8exibJe '
. Ability tQ r~m~ calm iu ,stressful situations
W()~~t:ß'~NCE 12/1/92 to ,present
.AHTRUST BANK, LOAN, OFFICER, ,BOCA. RATO~
CALIFORNIA FEDERAL SAVINGS" LOAN 4/85 ~ 11/92
.·Branèb Mana&er · Pompano Beaêh .
·(1987 .to prese~t)
:e,' ,Manageme.nt r.nsibilities ÎDclu~e operating budget and staff. 'ei1$u'ring
complete custom~r satisfaction whiJ'c controlling ~enses
· ' Crute cùstomer aWareness by developmg aDd impJe~'ei1ting markeûng
programs ~d soli.citing' ou~ide bu~iness
~ ,,13ranch consist~t1y achieves ðver 1{)~1% of production gQats
· ,rrovid'~ high ~Qmcr serviee levels emphasizing probJem resoIution and
, ,
, .staff deve~opB:1ent
· Increased 4eposjt b~e fr{)m $12 millio~, to $51 million
· ·Received several "Branch Manager of the Monthft- awa,rds
-Assistant Branch Manager · Boca East
(19'86 t9 198'7)
, · Assis'ted in .all operational areas of branc1;l management
'. floater -e' Broward and Palm Beach Counties
(1985 to 1986) , . . ,
, · ~volved in tener and savings fuøctio~ ,for brançhes within Broward and . I
Palm Beach County
. '
=fiRST BANKERS · Marpte, FL 11183 to 4/85
·..·.Head Teller
,. CoufroUed daily operations
.. SuperVised staff of 5
· Conducted staff and tra~g meetïJ:1gs
" · ProVided customer service
. · ,Minimized losses'
. .
.
_ .;¡D~~AJ10~
.
UNIVERSITY OF TOLEDO - Toledo. Ohio !
Bachelor of Business, 1982 .
.
-
FAX HJ. : 5612785626 Hov. ·18:MM Ø3:3ËPM Pi
~hCP.cn1 I
11!10:04 ICE" 1~;11 FAX 561 24~ 31;~ I . .. 7i/irt-r-
- CITY Cl£RK' -
-
I)Ea:JtAV PEACH :
.
....~..'" ~ :¿:IV
~~~
'tilt! CITY OF DELRAY BEACH'
-.
BOARD MEMBE"R APPLICATION
.
1993 :
2001
,
! .
.....
t
2- s~
· 3. ~ Sœte
s.. Hoax Ph¡;q 5V~Tsí~_
\ 73~ ~ ,
6. Are you 2 ccgistexed vote:!, , " i
7.
l .: "
y: ~ß~7~;g<U~hø~~ys~~_emdude_~~). I
1
9. Educad~ q\Utiñ.œtÍoau: -~~~
~
iO. ~~, tthttd pt:QfessioD21 c:es:ÚÚcaÚOßB Sb1.d 1iœ.G.se3 wh1:cb -you. hold: ,<
-
. . . f .
1 L Give yout préaeot. oc mOllUeo~~101"I;, uul posiJioœ . -
D ,,) V'-,Q,r e _ - =4='R0~
1
. !S.~~ -::::':;:;:'~'::::!fif5Jldl facts i
I
, DA"IE
ote: Tþü application ".re.main on file in the City.Ckr!ë~ Office for tl pedod of2 y~
submitted. Ie 'Will be thE; :q>pliœ.I.1t'$ resþo~ to cn~ure: -chat :a. ~eat <q>pJiatÌon î& on 1ïk.
RECEIVED' ~"7)Q't
~
NPV 1 8 .~OO4 ' CITY CLERK
.. ,
CITY CLERK
DB.RAYRAOi (f-1!-tJ5
9"'~..."
.... fl)jr-
., J uCII
't'-IJ! £1TY--OF-'DEL-RAY-'BEACH:
I . _. __ ~ I. .. _ .
"0_. . .. ....._
: - --BÐARÐ:;¡nEMøEå::APPIiICATION·
1993
2001
infonnation:
Ef<- ~&V~bUYL S- "'6- .M-LA
Cí!y' 1S'p~c H- ~ ' State . 'Zip Code _.
- DE- FL 33 'l<;"
·City ,S~œ -~p Code
"-City "State : Zip Code
{hCbtJ PL 334 f?1-·
- Fax;:
016: --
- -
.
-,
:
:
9. Bducatiorual qualifications:
1&. 'list~ reb.trd'professional-œrtifìcatioos-ao.d'Jicenscs'which you -hold:
,-
-
12. D~cnõe c:xperiences~ skills oc·knowl~ whidi quality you to serve on- tlñs board: (please att2ch a brief resume) ,
::r. e IZ./~ G
... -. -. ,-' '.. "-.'-' --9 ·../:2~'O)3,'H
DATE
,
Note: ~s application will retn?Ún on file in the City Oerk'-s Offi<:e fo~ a period Qf2 years from the date it was
submitted It will be the applican~s responsibility to ensure d1at a current ap¡!t~~ ~RDW'PLICA.TION
'. m ßI5A AUG f" 2003 .
CITY CLERK
.....------ ---- ttrCIIIJ~C""T"'C'"oo.
. & . . . . " 1-./
. .... .. .. .. *. . SJÓ-¿J1
nl-lca,1C1TY OF DELRA YBEACH .
~ , (!) 'JlOARO MEMBER ÄPP.LICATION
1993
2091
Pbe e .or iint the foUo· .info~tion: .
'~:lAst a!t\e: . ' ': 'N'aìne .
. ~~~ '
2. Hoine Address· State
t?.-t " eA""\ ~~ Fe.
~. ~,Residence: State
4~M.~ pc, p.~Q'-Jf:-- \\ \\
4. Pñncip~ B~ess Address:, City SÞte Zip Code
?O~O ~.~. \~-\-'" PUG.£- \\ R ¿;~~{,
s. Home Phone: . Business Phone: E-M2il Address: ',Cell Phone: . Fax:"
(?bl iï~.-;"ft.· ,l5'l),~{):-L{Y4 . \\-Aw~~;~~<Zo~ '(7~) .5ft\-y~'io (?~() 1Z.\-~:~,
6. .Are you :i te~te.r'ed voter? , "f s~. :where are'-you regiStered?
, r...( .' ,~c...: ,v .
7.' What i3oar~(s) ~~ rQU intereSt~ in s~ Plcase,.1ist· order of pre,fcr~ce:
'. to. 4.Vt~ L-þtJ'.-: .' "e.'1l~~ " ..~t7.PE.p.µN~~ \?'o~~9
~_ ~~Ñ',.l~ ~ ~oÑt,.)("'\. ,~u ,t:>þþ.
8. list.211 City BoardS on which j-:ou ~e CQITendy sCn~g or 'have preViously Scr\1cd: (pleas~ iÌ1cluðe <ht~)
of.J~
9. Eduational q\WÌfiatioos: ,', .
, _ . i? \ µ P {2.<.. \.1ç. L -\~~-rv, ~~ , þ ~ ~€:.-'\l- ..J þ.:f..<..- \..\ l-\'E-~ ~ ~L
, ,.
'\'-'\ V:7þ.. ,\ ~ V~V\..v-'é.-~l7 Ÿ>Þ~~e.\... ~A~~~l\"O,J
10. List Ån}' related profëssio~ cerÙfi~qons' åtid ,licenses '~lùch you ho\d: .
. . ~c- tz... . . \" ·~t-1T\Ñ~\Ñ' e9\J~Þ~t-o~~L- ~oÖ\thE-~
."' .
..... ~\" þ..~ë..- , \.- \µ E:.Ñ <; ~ w ~ \..+. þç....
t t. GiVe yo\Ír presei1t; or most- recent emp19}'er. :and poution: -
¡""w· ~ f>.~~,o(.,1,.þ...~c,' />~ l~~~~
12. Describe exp~c:nc~t skilk or ~ów1~Qge wlii~ qU2lify yòu ~o.i~c ~n this bóard: (please'atÞch a brief resume)
~~ '~~~~ E.;', ~~t;.ÙM ~ '
: ,hereby certify that ä1I the a:bov~ stå1ern~ts ~f: true. and i <agr~ .ånd unçlerst2nd "that .anY missutcmc:nt of ~tc;ria1 facts
:on~ed in this appJicaÞòn :may ause forfeiture· upon my part of 2I1Y appointment I D12Y receive.
. .9----\ :AJ\o H.-+~ . MÞ'C lO 1 ~.L-
~IGN..\ lURE . - \, - DATÈ
~_ote:', This appli~tÍon.will ~~ O~ Ii1~!n,~e Ci~ .~Ietk's OfliceJôr '~'periOd ~f:t~t=<J~fdpte it wås -
$ubJIUtted. It will be the applicant s responstbiJity to et1s~e th2t ~ cµrrent åPplicatìon 18 ~~ AItDW'PU<'.AT1ON
·MAY t ·Oswr .
CiTY '~I .FRK
" -
, -
DAVID MATTImW HAWKE
1_21 Heather Lane
, -
- Dekay Beac~ Florida 33444
" " . (561) -74~ 4440
"". "" oBJECTIVE: -To advance ~d broaden my knowledge of co~lex archit~ aviatio~ " -
traits~ and public facilities projects; To inteDsUy my con~ negotiations,
-desigIilbuild expertis<; and design/construction supervisory ~1q>eri~~_ .
. " ~DUCAnON: Masters òf Business Administration
Marymo~t &. Georgetown Universiti~ In-Pr~gress
: Master -Degree in Architécturel Engineering
-Umversity of Maryland
. .
Bachelor of Science Degree in AiclÌitectúre
-Cle~n University
".PROFESSIONAL EXPERIENCE:
. BA ~ & ASSOCIATES ARC~·l·EÇ'i'S.; L.L.C.- President, May 1998 to Present -
-Design Director and Principal of å full-service arcrutectural- -fun¡ in South Florida.
'Specializing in commercial structures, medical complexes, (µld puWic facilities. The office pu~es
"~d bas teamed up witb large firms -on joint-venture projects in aviation and transit ~ a consultant
- ", throughout the natio':l.
- -
"MASSACHVSETfSPORT AUTHO"Rn)' -=- S~nior Project Manager, February 1997 to April 1998
Logan Modernization Program
" _ Terminal Area Roadways - D~veloped a preliminary design to complete Co"nstJ:uction
Documents in eleven months. The 1.5 mile two level roadway systent has + ,60 caisson foundatio~
.8Ïl~ complex structural de$ign. The airp<?rt traffic and ro~ways ~ust_be maintained during difficult
phased construction. Estiniated cost ~ Sl2SM
. "
_ ' People Mover ~ystem (AlTC) - Assisted ~ ~e development of ~ :EIS for a automatèd
. ""., futermOdial'transit conneëtor a~tïns Federal approval and ISTEA .funding. r~ ~it
"" -station 4esign, ~!sid¿låndsidé alignments- and profileS, curbside disruption, passe~<?r convenience,
.ánd buSÙ1g interface~ Estimatèd cost - $30 M P~e I '-$375 M Pþase IT.
QuaUty Ass~ranœ ~anager - Supervised four constructiøn inspectors and -constrUction
. SuPervisors for a~ve Logan tenninal expansion - ~d . aviation projects. Airport _passenger
-~ovements, air canier~ and numerous ooncessiQn must be-maintained duñng compJex; construction.
R:eCEIV-EP
, MAV 'Z~1 2Ø02
#'to. ....., I ". r- n .,
--- ----- - - - - ------
DANIEL MANN~ JOBNSON~ & MENDENHALL: November 1989 to January 1997
Project Unit Manager an<f Contract & Procurement _Constructi-øn Man~ger:- Tren
. -Urbano ~ss Trao$it Project, San Juan, Puerto Rico.;. July 1995 to Janûåry 1997
. Bajainon Alignment Se!:tion - Neg~tiated pr~ment and opt¡l11i7.åti~~ including desi~
pr-OCUfement, .¡>to~_saI evaluation- and construètÍon nlilnaeement, :öf a large designlbuild contráct for
- - :t:w0 transit ~tions, concession ar~, retail spaces.and 2~4 ~ elevated guideway. Contract Award
- $68M
.~ Medico Alig,,~nt sedi¡Jns - Negotiated procurement and optinúzatiQ~ including design,
procurement and proposaÎ evaluatiori, of a coIÎ1plex designlbuild contract forthr~transit statiQos and
. . .. .83.2 Ian elevated, at-grade, and retained-cut guideway_ Conti-act Award - $72M
:' 'PrójectDesignlConstruction Manager: MetrQP~litan Washington: Airpo~ Authority,.
. -Çapital Development Program, W;lshington, -~.C. - Novemb~r 1989 - .Iuly 1995
New Terminal Bridges to !4etro ~ Washington NøtionalAirport - Cc;>ordinated design, supervised
and managed .Cesar Pelli .and W<Øk~r Parking ~nsultants for the design of the pe<ÍeStñan bñ~ges
:interface with Metrp Transit (WMATA). Contract Award - $39M.
Afu1dle/Norih Parking Structures - Supervised design òf two structured parking' facilities for
'~ashington National Airport and éòordinat~ With Metro Transi~ (WMATA). -Managed design and
.early construction of retail spaces adjacent to and ·construction witbin North Tennin~ Mall. Contract
Awård -= $57M.
-- Rental Cars Quick Turnaround Facility - Coordinated with Ren~ Car Representatives and
supervised the sel~ion, negotiätion, desi~ and direction of the arclütecturall~ngmeering firm of
Dewbeny & Davis for the designl.co~ction of rental car facili~es at Washington National Airport.
. ~Contract Award - S21M
Americans Dlsabili~ Act, 1itle 11, Design/Imp1eme.nüition - Contracting Offic::er's TecbnicaI
Representative in selection, negotiation,. and '4ir~on ófGreiner, Inc. for all public facilities, tenants,
~etail construction at Wàs~gton Natiònal and DuIles International Aitports. Impleli1e~tation Costs
~ $157M.
Delta 3-Gate Addition lnieri.m Termi.iuzl ':" Managed and direct~ Delta ~es and its arc}µtect
. :~ton Pate Associat~. FuU-range of airport issu~s ~d:intedàce wíth the ~e$, concessions, ~
: .vendof$, construction and opèrations .adjacent to -active gates. . Contract Awar-d -' $38M
. .
"'~ELLERBE BEC~T. ~C...Architect - March 1989 to October 1989
_ Leader of a conventìon center. and hospital design t~ (Children'~ Hospital Center,
''Yashington Convefltion Centér, WMAT A). Designed and 'pr~duced canstru~on documents on five
. W ~hington office buildings with retail on gr9und floors. Designed long spån convention centers.
-
00
. .
SKIDMORÉ O~GS & MERRILL- Aichitect:. Jånuaiÿ ~988 to MaTch 1989 .
-Significant role in thè design ~ftwo large-scale public pr9j~ (Métro·~er7 David Childs7
Washingto~ D.C.; ~d Sears F~ Center7 Dean Jobnso~ Chicag07 ItIinois) and their interface
Wìth the local urban fábriç and WMATA 0
mOMPSON. VENTULETT.·& STAIN1JACK & ASSOCIÅTES ~ Coósultant:-1986 -1987 .
. " Worked direëttywi~ thëPToject M.ariager of~PlÌiladelphia Cònventio~ Cen~~. ~ng""span
·structunil designSoincorpo~ convention space and intet.face with ~g"mass transit (SEPTA)
o " facilities. Developed designs rel~ed to Atlanta Conve~tion Façili~es and Expansion of an exi~
." çonvention center.
j)OR~. RABON. HATCH. & ~cWHORTE~ AJí(;H1'J]~;crs -Architect - May 1986
- Memberof design têants (Hìltoñln~rcon~entØ andJIyattHotels). Experienced hotel d~ign "0
" from ~ematics through constru~on. oW orkiIig relationships with three principals7. mass transits
. 'stations with ~tA engiheers7 "gift shop, ~etail ShOPS7 and hotel management. Member of design
. teams Wilton -~ter~ntinenta1. and Hyatt Hotels)~ Experienced convention Center design 1!o~
:SChèmatic design through ~Il$tlUctiOn. W orking .re.atiQ~hips with three principals7 maSs traitsits
~ons with ~TA ~eers~ gift S~OP7 retail ShÒPS7 and hotel m;ln~gement.
:PROFILE: ~oo~~~liœme#9MO
District òf Columbia - License #5030
Commonwealth ofVU'ginia - IJcens~ #10736
Stat~ 'ofMatyland - Liçense-# 9846- Mù
SWe of Florida -- # AR 0016510
NCARB .Certiñcation # 42,428/Fde # 377412
Anierican ~tùie of Archit~ - oI~uary 1983 - Present
S~uthem S~dard, & ~OCA Building Codes - Examiner an~ ItiSpector
# ". . .~~MPUTER: AutoCAD2000, Intergraph, "G.D.S., WoédPeñ~ Primavera
".
" FQREIGN
." ""STUDIES: Maty1~d Graduate S"ch901 of Architecture
"P~åzzo~ Massini~ and Ro~ Italy
o Cultú~ Associations - Pe1.1Sion Mimo~ Pantheo~ & Florence7 Italy
. "
"LANGUAG~S-: ;Fr.en~ and Italian (Broken)
, 0
00 0,
- -
. . - . Www..Hawkearchitects.com
. ,~IO~ 2002
.-
-Ms. J'aren ScheIl, City-Qerk; Manâger
_ - : ° ' Ciqr Cleik's DqJarlmènt
o;.:·'~ Crty ofDelmy Beach ° ,
o ..
0"' lOONW lit Avenué
_ J)é1ray Beac~. Florida 32444
. -
~:: Refer~~: Application for AdvisQry Board & Cotiunittées - Request for M~bership
.... . _ orAlteInate Po~ition - City of DeIray B~h - iOQ~ Board(s)
.: Dear ·MsÞ ScbeÍl:
- ~ you for y~~ åssistance in ~e application ·process of the City ofDeJt:ay Beaëh
. - A.dvisory ~oar~ and Conunittees. I åm requesting in °writùig a ·potential positio~ on -the
fonowing City of Dekay BC?&ches' Advisory Boards and ~mmittees. As requ~ the fist
~fboardS are arranged ÌJi order of pr~erence. Pleàse not~~ the fóllowing list
:
1. S~te ;Plan Review & Appearance Board
. " 2. PI~nnit1g & Zoning Boar~
:
'3. Downtown DevelOpment Authority
I appreciate your assistance to submit my name. fór the boård(s) ~ 8:b~ve. Thank
.- ,you.foryo~·assistan~. Ifyou.Mve ~y questions> please cóntå:c~~e at (561) 740 -"4440. . ..'.------
., Th.af:)k you in adwnce.
0" Respectfully m1>JiÛtted,
. .:. PIV\ Åo ~~.\~~
0'. D~Vl~ M. ~Wke, RA
° Hawke & Associ~, Architects iLc
Florida Licence # AR 0016510
. . CC:· fil.e~ Attac~ents (Ground Floor Plan)
. - . R-r~CEI\(EP "
-
. ,
HoA Y 1 11~' 2002
. .' ·ßtTY CLERK .
·~21 Heather Lane Dèlray Beachy Florida 33444 P. (561) 740 - 444 ·F.{56.1)"921 - 0444
. OBaAY 8i:A.CH .rtofp¡-ly. 0f í
......... ·~-9-d6
bad
: qui! - . .CITY Of ~E~RAY.-~EACH
- BOÄRD -,-,E-M-BEß APPLICATION
-' 19.93
2001
- -
. .
~2IDe~ ~r0-6$- ILL'
.1::>
State ~ èode
- FL -~-~+
S~tc . Zip-Code
FL ~3~
Sc;atc Zip èod~ .
-
5. . Home Phone: Business Phone- CdiPhón~- Fax:
~l- ßtØb~-:2~
a.ð Ih1 P) ù tJ
-
9. 1û1uC2å()~~2lifiaóoJ)s: - ~ \- .- - -
- t;Dtª~~
(g t1.:.' €- Lé:> e.. ð ç _ ~L' ( (
. -
.
- .
. ... . . . .. ..
~2. Pesaibe cXpeii~. skills Ot' ~-~.qúa1iCý 'o~ tó· ierve on this boûd: -Q?b$e auach . brief ~e)
. - - .
. .
-' -
t -hereby cetáCy ~t·-.J1 the a.'bove $Utcmmts .;re uµe. tAd 1..and un4enWUi tint åny ~~cnt of mitai21 &~
y éausc -foifc:itútc ~ my pm of anI appoinunent I may.r«dve.
: ~/ .5!:ð4'
DATE· / -
- . . .. .
Note: ."1bis ~caúon_ will rcnWn ~ file in th~ûty .~~i:.!'fj04 i>f 2 ~~ £r?m !he dUe it was
submstted. It will be the appliant's ~Dili. _ . _ . cuttc:nt appJicaUOtl IS 00 file.
- ~11ON
'. I ~~ (fY'I . MAR 0 9 Z004 .
.-....'1 J"'\I t: Q\(
DRRAY BEACH
f .. 0 . . . ..
*****
AHmedcaCity CITY OF DELRAY BEACH
" II J!
BOARD MEMBER APPLICATION
1993
2001
Please e or tint the followin information:
1. Last Name: \.<: \' OS ~ I e w S ~; Name Ko.v~f\ M. LA-.
2. Home Address: City State Zip Code
3 (, 1 <f l4~tV'; ~\Þo1 0 1vJ. D~ \ &""1'0. 8~,,- +-L :s 3 c¡ 'IS-
3. Legal Residence: City State Zip Code
'S ~....~ ~ ð...b t,¡ t.. ,;:'. .. ~~
4. Principal Business Address: City >: ·~,tã~···,;~· Zip Code
(, J (P.3 IJw" W<Ñf ~ jþ3 ð 0 /~~.. '-
Rwt- 4"J~rJ..l( :-< FL 333 ~<J
, 5. 'Home Phone: Business Phone: E-Mail Address: . Cèll Phone: Fax:
51Þ1-YtfS-- '1 yo 3 qS«/- ~Is:. 1031 \l...ls~1 e.WS)!'; ~ 0.. Q 5\1/- Î l>L--(,.t ll Cf.5'J- 3/S"-Jo'fò
c..-b .C4..,
6. Are you a registered voter? Yes If so, where are you registered? 0 \ g
~ r~'f ~
7. What Board(s) are you interested in serving? Please list in order of preference:
p~ ' {.: '^ 'l\-l1' #!. P
8. list all Citjr Boards on which you are currendy serving or have previously served: (please include ~ates)
~. .
...¡... ~-.''j
~. ..'
telJ l:c~~~s í1>n : :~\- - -
. "': < .,,':~t_ ?~;.~
9. Educational qualifications: .,.- ~:" ..-" .
(,
11. Give your present, or most recent employer, and position:
tu"":
12 Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume)
I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts
contained in this application may cause forfeiture upon my part of any appointment I may receive.
. ~ {l, ~JJ~J.P~ RECEIVED <:{ I, /oC¡
ÌGNATURE JAN 0 7 2005 DAm
Note: This application will remain on file in the City Cl~rk' ~ce for a period of 2 years &om the date it was
submitted. It will be the applicant's r~¥b~~ e that a current application is on file.
~ITYCLERK\BOARD\APPLICAT1ON
Karen Kiselewski
3674 lakevìew Blvd.
. Delray Beach, FL 33445
i (561) 495-7403
karenkiselewski@excite.com
PROFESSIONAL BACKGROUND
3/04 - Carter & Burgess6 Inc.
present Planner
Tasks: Planning Consul~ant:
· Review local government comprehensive plan amendments on
behalf of Florida Department of Transportation District IV.
· Provide support to local governments on miscellaneous planning
activities, .including . development of transportation demand
. - managem~f1t stra~egies~ .
· Evaluating änd' presenting demographic conditions based on
Census data and other available information.
11Ó2 - 3/04 City of Lauderhill
Associate Planner
Tasks: Long-range planning:
· Development of City Comprehensive Plan Housing and
ì Recreation & Open Space Elements and support material.
· Special projects, including generating staff reports for future land
use amendments, and redevelopment area and corridor studies.
· Evaluating and presenting demographic conditions based on
Census data, property appraiser data, and real estate tools.
Current planning:
· Zoning code functions. including generating detailed staff reports.
reviewing and approving occupational licenses and building
permits. conducting zoning inspections, and answering inquiries
on land development regulations and processes.
· Performed a historical study of land development activities for
input to zoning and future land use map amendments.
Recommended 32 map modifications to promote consistency.
6199 -- 5101 Siemens Information and Communication Networks
Manager - Systems Engineering (Systems Analysis)
Tasks: Managed team leaders designing telecommunication equipment,
including setting priorities to meet schedules and financial· targets,
and coordinating/overseeing tasks to fulfill implementation goals.
Represented Siemens in meetings with customers and suppliers to
" better understand and meet needs. Performed systems engineering
work (see next position) as necessary.
¡ 5/89 - 5/99 Siemens Stromberg-Carlson
Distinguished Member ofT echnical Staff - Systems Engineering
Tasks: Coordinated feature development for telecommunication equipment
based on technical industry standards and customer input.
Generated high-level concept documents and provided direction to
others performing implementation. Required decision-making based
on proposed benefits and costs, facilitating team work, providing
feedback to industry standards, and presenting material (as a liaison
between technical and non-technical) to marketing and customers.
6/86 - 4/89 A T& T Bell Laboratories
Member of Technical Staff - Planning and Development
Tasks: Performed capacity analysis, software design, and implementation of
features for telecommunication equipment
8/82 - 6/86 Ohio State University
Instructor and Teaching Assistant - Mathematics Department
EDUCATION
12/01 Master of Urban and Regional Planning
Florida Atlantic University
6/86 Master of Science - Computer Science
3/85 Master of Science - Mathematics
Ohio State University
6/82 Bachelor of Science - Mathematics
California Institute of Technology
HONORS, AWARDS, MEMBERSHIPS
· City of Delray Beach City Commission - 4/96 to 3/97
· City of Delray Beach Planning and Zoning Board - 9/92 to 4/96
· Member American Planning Association - 10/97 to present
· American Institute of Certified Planners - 2005 (pending)
· Caltech Alumni Admissions Representative - 9/92 to present
j
. .- ~~/kr
OflRAV.EACH . 1-t9J,()5
....... . -
-- .~ba.d
. , ;¡¡¡r -CITY 'Of DEI~RAY -BEACH
-
-
BOARD MEMBeR ,APPLICATION
- 1993
. 001
, '
-, £'-12-0 b ' N.L'
ðbM-i2A-ìt>~ State Zip Cod~
-
-. '
7.
.
, . . - - ---
9. Eduation21 qualificarionS: f!- ) G-I-I S?c.hó"
.-
~
.Note: ThiS applicaúonwill raD2Ín on file ¡¡, the =~ a pc:riOd öf2 JCU$ ftom thc!larc it was
lub!J1Îtttd. It will be the app1icant~, rcspo _. ~ that. c:uaent application is on file,.
. ,~~11ON
- RESUME FOR PEARL BUNNY MARKFIELD
ELROD
.DIRECTORRESEARCH DEPT:NATIONAL ENQU1RERNEWSP~ER
(14 Yrs)
REALTOR: COLDWELL BANKER REAL ESTATE (22 YRS)
(multimillion dollar producer)
PREsIDENT: MERRfIT PARK HOME OWNER'S ASSOCIATION
: (4yrs)
BOARD MEJv.1BER PROGRESSIVE RESIDENTS ·OF DELMY (2
YEARS)
MEMBER SWINWREDEVELOPMENT TASKFORCE (FROM
INCEPTIQN) PRESIDENT BEAUTIFICATION COMMQTEE FOR TIIE
NW/SW RE])EVELOPMENT TASK FORCE) .
MEMBERDELRA Y LOOP
a..CO-MANAGED TROLLEYS FOR OPENIN"G DAY EVENT
b.WORKED ON CLEAN-UP COMMITTEE DAY BEFORE OPENING
.0 OF LOOP-PICKING UP GARBAGE IN SWINW SECTIONS
c. WORKED AT DELRAY FRESH MARKET WEEK PRIOR TO LOOP
OPENING DISTRIBUTING ANNOUNCEMENTS OF TIIE· FOLLOW
mG WEEKS OPENING CEREMONIES
MEMBER FUND RAISING COMJMfITEE FOR THE :MILAGRO .
CENTER.
-
---~~---
- . , . . . . ..
*...* _·-_11 ~?-O if
-- -;q¡~ . .:.,,~ ~.ÇITY~-Øf, ,Þ'):LRA y ,BEACH
C:51&{\k~
-' "rtoÄító ~M"ÉfJiBER APPLICATI'ON
1993
2001
ÛµODDation:
~amc EI¿E¿C4/ M.L .
-2. Home Address: Ci ~ .... ~ Zip Codÿ
-2 -C)- _ LA-/!/ ¿ - - .Õ¿- 3 J
.~ .. I:.eg21 Residence: City Zip Code
4: 1íirlåpal Busiñess Address: Ci : -. State ' Zip Code
ty. .-
'.
£-M2i1 Address: Cell Phone: Fax:
. -
- -
- --
- ,
,
"¡O. üst arlyre&ted"Þ[ø(eg~tions iQd licci1ses which you hold: -,
.
.
-
-"12- ~ë:åPc èXpéri~éès. s~ C)r ~ö~é(fgé Whidi q\Wifÿ you ~ sërv~ Òlfthis böatd: (plcaS~ í.ìtåch . brief resume)
.
-
.fi~~ -~1~12.f.u .tþ~; ~~è ~~ÞPt'A.~ ji:t:~~ ~d:l~.~4·~~~~ ~4ìat ,.ny JÌ1ÌŠsbtcment of fD2tcrW &cts
-~d][ ?j;;dY d~r (~MQ1iiupòíitny-put olâóy .~bnmt~ 7J~
SJGN.\1URE -DATE {. I
~ø~ë: -~3j:::?~~~1Þ;J2~ï~~~~~{t::M~li"~~=o~~:teitwas
, ,- .., . ~AaD\APftJC'AT1ON
_~ Netr {YI I q~\04 NOV -7 1001 .
CITY CLERK
: FA.~ to. : 2784664 Jul. Ø8 2Ø34 00: Ø3f=f-1 P2
-
07/07/04' IEÐ 08:31 FAl 561 243 J7i4 CITY cLERK Ltf 002
, 1~ 7--IJ Ú .
..'1
. . - ~ tI
CITY OF DELRA Y B~C~ tie -? '1e-1 Gt:P~·)p., ~
BOARD MEMBER APPLICATION
1993
2001
- inf~tDl2Ô.on:
o~56 .N3IIle /<-At.., µ M.y-
2. Hoa:.e.Ad~ - ~ Zip Code
7- { d7.J -:::tV ~ I ¡O 1.:1't- \ ~(V¿ ¿é!?kf(- ) J ~yr
3. Le.ga1 R.esidcnce:: _ StAte Zip Cod~
. $/I~~
4. Principal BôsinC$'$ A~~: Ciqr Sm.tc Zip Co&
./ú (í- /Z C"'"") t
.
;
(
5... HOInc Phone:: Business Phone: E-Mail Addœss: Cdl Ph.one; Pax: f
. : <;J (- ).. -:) J--( ~l -- #~lñS'fæ ~t-Cq"-1 çz;(-~l".r- 1'2..76 '::l- ~ ¡; - t:.¡.f ¿- ~ t
I
I
6. A.r~ you 2. rcgisra:ed. votct? y ~ If ~, ~ are you 1~reced? Ù ç-W7 /{. ç-7/JI.J~ -
(
7. What ~(s) ue youjn~kd in serving? Please list in ocð.er ofpr;efet:ence: i
2-øu ¡sJG-- æ cÇ7 ~~"t ß-µY þ
I
I
: 8. Ilsr 21l. City Boati'dt on -which you J.l:C cu.u<:s1tly ¡~g OJ: )u.VC: pt'et"Î.ously ~ (pl~¢ inc1ud~ CÙ1:es)
Î
9. Educati.o~ quøli£iouiOO$: . c.. GI- --".z S <:r-f
c...c..F - /It-¿. ~+µ'~fr-Ic:.-
,
-
10: I..ist any rcl2.~d pu>feuioD2l catìfi.catjow¡ anc1lic.cQbes which you hold:
c..v n.. -. Æ c-~-r~ ¡::,ISF" v~ ~ S ~¡::::'(.=:I-¡:::' c.µ R.!¿. 6~{¿,~
~/L ~<7" Cø4.fT 6v~. vrA .í7t~ 0 ßJF;q.c..H- ~/./~ S~~,q.Y~I-·
11_ Give your: presea~ 0", mo~t .recent: ¢Ulploya. ~ position: , r Y-\o.. - 19-:?'"),. -
£,r.l/-P? ~~ ð-/2..4/?~ - '- £ r-~- ~4 ~"1-/ ",.G;" I
~/ k c.:-' h~ '1-",µ'<¡r- - / ,7=1- -b I
11. I:>oia::tlx: e:q>eåœ~. ,b-U. OJ: kno~ which quaiify YOt1 (0 G~ on t:Mr :xw:d: (Pl~ ¿¡cuch a bti¿ t'eSuœ.e)
C" 1lA.~?/ T e- f ¿~,q. A- .9 op. /AEt- ~/f - ¡l!rÞt:Ã' ~ ~ 1> ¡:..'-':' 4L.+ - ¡?A'Vot- /.:! ~
.s' A,t:, ~ /d&.l·Cr"'7Z..- S ~VA-7~ :::. ¡:J.f.! -r j)r /l ec-r ørl- -}> ~A.7 P LIJy¡.+o¢"¡; -1. YG13~~ I
. . ,
I L.c:œb,. c:cnify d11:t ~ the; a.bove sta.kS:IJðltS ue tmc; and I ~ and 'Ubdcxs~d fh:a.t 2fiY D1Ïss1accw.cnt Qf m~ facta
couClÍnMin this- ~~tion may aUQc fotfcitxd:-è upon tn.y ~ of 2n12ppaiat:uëut I mAY xec~ . .
~~ _7/7/0 v i
-SIGNATURE DAm
~otc: "ibis appU<::adon ~11 xCJDAi.n oa B.1e in t:h.ð Ci.cy Oedf 8 0 ffi.œ foT.: a. p~ of 2 y~ from the: dare it: was
. ~ub1DÏt:œd. I~ w.ill. þe the a.p~!) responS1òiliqr 1:0 ~"UrC tba't a ~en.t: app1iatÙon is on file..
~h~O I(
RECEIVED
.
JUl () 7 2004
CITY CLERK
OaRAY8tACH (jttôtlOI £¢ .
... L 0', . II "
1t****
AI...M8ricaCity CITY OF DELRAY BEACH ;2JN5-'
.' , 'tfIJ:
BOARD MEMBER APPLICATIÒN
1993 /17
2001
Pléa5¢ é or IÍnt the folio infonnatÍon:
L Last Name: ÆJewel! Name ßr M.L
ce-
2. Home Address: City State Zip Code
;;(gQ ,vE d-.,Jj AUe. . IJeJ/"a..vr {5ea.~ft fr/ .33 r¡ y
3. Legal ResÌdencé: Citv Stare Zip Code
S 6- a-v1 ~
4. Principal Bus.iness Address: City Stare Zip Cod~
oS Cl J.,/J .e.
5. Home Phone: Business Phon~: E-1Ylail AddrèSS: Cdl PhODé; Fax;
it( J 78- 30tF bl7€uJ elfj ~ hofMa.:f.c.,.l (tll)8t¡J-331/
6. Axe you a registered voter? If so) \vhere are you registered? ~A
eJ
¡. What Board(s) are you interested in serving? Please list in order of preference:
~.4Þ¡ ;oJ,' / L<Aj 20n ¡'Il 0 /004.// Nejq4 ~()r(CIJ j /'J ¡ l)"~~f CC;L.,: /i c/! S;1E. ¡4d/[ ~1J1'e
8. ~t ~ __ ty ~<?~~ _o~ ::,~ch y aré cun:en~y Sel-ving or ha"t""e p.r~viously served: leaSt include dat~) - - .
-- --
9. Educational qualifialtÏons: /Æ CIn;()+,/~'¡" c¡C cJc~
A·A.
to. List anr rdat~d professional certifications and licenses 'which you hold:
11. Give your presen~ or most recent employer. a.nd position: ~ /. f _ Iê. £J 0./ r-.
G .J re/.J
k.ea/tGí
12. DescnDe experiences. skills or knm,viedge which qualify you to serve on this. board: (please attach a brief resume)
I htre:by cextify that all th~ above statements are true. i'nd I agree and understand that any mis~t.arémtnC of material faces
conumtd in tIUs 1PPliŒri7Y Œme forfeiture upon my p:u-t:f ~y 1ppointment I =y rectlve.
_ ~ ,.{}¿¿. RECEIVt::.D //YÄS-
,IGNA . 005 DATÉ
JAN 0 5 2
Note: This application will remain on file in the City Cle~~:~ ßffic~ for a period of 2 years. from th~ date it was
submitted. It ,,,ill be d1.e applicanes 4)þ-¡;¥il({j¡~~ œ:e th~t a CU1Yent application is on file.
S'\CITYCLEIt.K\Bo~tLtC.'\ nON
-.-. . J '-IC-' I -- - - - liD,· -,- T -T - , T,-,,-. y'ü , r''''IÎT 1 u·-.T" 1.-" lun'-, ""'1 I
I I II I ,
-
BryœNewell Home. {56 I) 271-306&
- . ... ~l . (561) &43-3311
-2&ONE.2 Ave.
DeImv Beacb~ FL 33444- - - E-mail ·bneweUl@hotmail.CODl
PROFILE
Mad:ering 2nd. we:s ex.ecoóve with 6 years ofhïgh le~ outside sales ~ce. v.itb. a provðQ. track
~coocd in ~Vð~ new business 6Ild dñ"'jµg ceycn.ac in Ie8diog edge te<:b,ttologi~ Strong ana~
CR8ÛVCp and communiadion skIlls developed through 8S.1Îgnm{;ots in.m-at~ pJ;mnin~ n~
ë:olDlnQßÍ~ product ~ and 1Þüñng. Excdlœ[ k:adccldp abilitiGs ~ by defrveñng
.-csuIts through highly modvurod and ímagioari~ tCUD$.
-
ProfssÏtlnøl.E.x:puiðfce
~N Comm....k.tiou; West Palm Beach.. f1. 4I04-P£~
Saúor Acoount Executive
.
:h"ovjde 4u:s producu and secvioe:s Co. b\Is~ ~ Florida and. GooqØa.. Põmmy focus on. .
int.c;mationa\ multiple -location oorpoatioos relying 00. high U$e data transport. In the top ronning
foe r001ãè of the 2M half of~ Yt::M award.
MeLeoduSA; 0aJ:br00I; IL 3193-2104-
Seoior Aoooont Exocutivc -
Mid-Madœt tr;leoommnnícaúoos sales position in gr~ adcago land aM My responsibility is
(0 acquico new Business only. Services coosÍSI of: PRl' So. TI·~ VPW~ Frame hlayand
Wifeless. TYpical month includes ruonÏt1g approximarely 15 new appoinun~.. resulting in 4 to
6 OJders nogîng trom SS06 to ~JOOO_
-
OearOae Commo.D.katíons; Westmont.. ß...
Senior Accomtt Mana2"ef" 7/02-1.2102
Videocoo.fecencing Spec:ia1íst posítio~ brought 00. -co esÞblish mad::ec share in. Chicago.
Cömp«o.y pcovides end-to-end soluñQUS (0[" vidoo~ audio and web conft:l-cn.cing SCfVÍocs.
- Primary customer focus is Foromc LOOO andHighec"Educ.atioo. madœt.
Ta1ldberg, LLC; Cb1çago" n. 8{() 1-6/02
. ~M~
I RespoDSl.òle foe selling TANDBERG Vìdoocooferœclng equipment to Education and MediCal
Agencies.. Partnerod with roosu1tants and system. integr:Vocs to prGvÌde-dle ~mec widt a
"complete so1uti.oo. Current ttnitory consists oflttinois, 1ndia:l1âand WlScoosin..
- 1.,rleW; Chicago.. n...
Bus~ DevelOOll1CJI( }ðAfi"ø-cc 10/91-7/01
Wotbd WÎd1 ~1Üpmeo£dealers. system ÎDtogJ1ltors and tdc:œÍmp.unicañoo companies to ~op
ncw aGCOWIts. Inci-cascd Ç()mp8n.y reYenue by2()4'~ by átiating a partn<rib.ip progntIIL Developed
wo.dàøg l"Claliombips WÍ1h ~ ínt~. equipment man.ufa<:tUleS and ttJccomDIuoication
èOmp3nÏos.. Consulted with IT 3Jld T etc:com Directors 00. Vídoocontèrencing services..
CSC On-I« Awtoma:úon; Rolling Meadows.. n. -
Maior Account Manager 2196-9197
'fDUCATION
1991-1~3 ~ Business Managemeo.~ College ofDupag~ Gleo. BUYß:. n..
- 1993-.1995 BS;!- Busin~ Administration. lAyala U~~ Olic:tgo. IL
-
-
-.
. . -- - - - - .- - -
)%/10/_04 TUE 11: 43 FAX 561 243 3714 CITY CLERK _ QJOOt
t51-!/1/ð(P
oaaAYBfACH ' of
. ~ - . t<-etl1-e /1 -, <h eel
: '°111 In - .CITY OJ" DELRAY BEACH ¡¿; j
.~ ~ BOARD PJ(EMBER APPLICATION
~1"3 .
. 2001
- .
_ Pkasc.tYPe 01' pUnt the' foD~ iØfoønaùab: . -
1.- last Name: Nm1e'~ N...L
Ð<>T~o v.J S\S.\ .' ~1)VJPc-~ f\
2... Home Addn:u: Gty Sciœ ?Jp Code
,- . " ". b1\ Sf: 7 <5, DtC-~Y ßc..t{ FL '~3«l~3
3. Lcg21 Residence: - City Stau: . Zip Code
~. Principal BusineSs Addre$$: City Sun: Zip Code _
. - ..
. 5. . Home Phone: Ðusincas Phone:: E-MAil Addres~ Cd! Phone: Fax:
fc;G,l':"~Î(..-~oqL- BtEÆ)O@£€U%·~~6í Lib -(" 0'1 L-
." 6, Jue yoa . rcgincn:d vota? .. .f. -c- If so. -.he« jt.IC you a:gi.sta'cd?p P - . ;-_
t ö .7 _, "'. A-L~ vCH ~.
7.' WÏøt Boittd{l) :m: JUU ÍDtaC:l1W1 in seøing? ~ Iis1: in Order of p~Cc
, -
f l-A.o..u, Ñ 1s'1'7:~ AJ \ JoJ (r"
8. list åD a~' Boards 00 ",hieb you are c:ub-cødy .erring or hav~ pr-cvioasly saved: ~e.iødudc dates)
.. .... - ....,. - ....-
t0tJ\sp..Ñ~ Þr6PrreµtiÙ, ßoA-w'
9. EduaGoD21 ~6àÔOQs: .
, - cP~(;-£ + ¡J.oC)'~
. 10.. list my xhruJ profcssìoJW, cmi.6a.üons- 2nd licC'Ø$eS which you hold:
", . . 6~ E"~ '
1"1_ GÎ't'c 10\11' pXCSetlt. or most. o:ccnt crnplOJC:1". and posicion: .
,
, Re-Tt fZ.iÞ -
~ Paai"be apc=iÎénc:cs, .uta or mo.l~ ~qu1iCrJOU 10 ~ on d1Ïs boaDI: (PJeue øøch ._bácf~)
- ~Pr--aJ"~r ..l\ .
I hc:rcbJ caäfr ~ ~ m~ åbcm: øa.œmc:ørs aft-aue.. aad I agJ'eC,ød uodemaød that -fØ1J mbS:...L -~ of m16:Ó21 &.cu
~~uponmrpattO(U1f~Ima71'aCÌv'e.
.. . 2./l~/ oLf:
SlGNATUIlE . DATE I ( .
- - ... -
NOD:: 'Ibis ápplic.aûon ",jJJ mnún on ûltda the Oty Oak·š Office for a pa:ìod of 2 years &om the d2t<; it ~s
~ub~ttod.. It will be: th~ ø.ppIiom.t·~ xesponsibiliry to ct1SUtt rba~ a ~t _pp1Îdüoo 1. 00 ~c. .
. k:Ø'T~ftOt(
- - -- --. --~ -- "'~... ~~~-,",u~c.. p_c
.
Brief Resume
for
Ed Ostrowski
..
--I am"nOW re-tired since 1993, after spending almost five years in
Hong Kong, where I was President, Chief Operating Officer and
Executive Director of a la~e Britisb company (13,000 employees)
having operatioD$ in Asia, the Pacific Basin, Europe, Canada,
. Me.x;ico and the U.S. During that period I served on numerous
"other U.S~ and Foreign Corporate boards.
Prior to that I spent 31 years with ffiM in numerous management
positions at many different locations, most notably Engineering
Management of the first ruM Pers~nal Computer here in Dekay.
I am pre$ently Financial Di~ector fôr the SeniorNet Board at
B~th.esda Hospital, Boynton Beach, Vice-President of my Condo
Association board, and am finishing my last term" on the Delray
Beach Nuisance Abatement Board.
I have ;tlso served as a volunteer Parkin-g Enforcement Specialist at
the Delray Beach Police Department for almost Dine years.
:M:y desire is to put my management and organization skills to good
use on any workìn1! cjty board. I have lived in Delray Beach since
1981, bave proudly watched the city mature and would like to be a
more active participant i~ its continuing growth.
~~
February 14~ 2004
11/16/~OO4 11:~~ 9547864677 BUILDIt'~G PAGE O~
.1.1/1~/U4 MCN 11:26 F~I 561 Z~J 3774 CITY CLERK ~OO2
DElRAY BEACH f¡( /ft/Ó~
~
ANmericaCfty CITY OF DELRAY BEACH
, , III!
BOARD MEMBER APPLICATION
1993
2001
Plea.se e or rint the foUo . infoJ:IIUtton:
1. Last Name: J S,44Z~6 N2.tIle. M.l
ErrO~b
2. Home Address: Ci1y State 7..ip CQde
¿dO ~4-G J::4L,~¡¡;; þ,,- P S:¿,1I-rA 'G~ ~ 8J- /!f3
3. IAgal Residence: City State Zip Code
4. Principal Business Address: City StAte Zip Code
too w AT~un~~ B t. ./.,p" P()¥~ ~ n... 3)'06t
5. Hom~ Phone~ Business Phone: E-1vL1.il Address: Cd! Phone: Fgx:
511- z,6/ ~ J z. 5'9 ~n.,. ,,6- "'I~16 .s~z-ÞN6 .)(J8~ '5'¿'{-sJ /'J-/7/7 9r:t.L7#~"'#7t?
6. Ar.e you n r~gistcred ,ro[~? y ~ s- Ifso~ whe.re are you regIstez:ed? I?~'~ -Qé=~
7. \'Çb,at Board(s) 3I'e you int~ested in serving? Please list in atder of prefe:rence:
S . ZQ~~;'l- C
..). J...is~ ill City Boards .on :-!hic:h you tt~ c~r~ntl!.~er:v-ifig or ;:lYE?_prcvì01;J~ly serye~;. (ph:;a.s,e, includcßatc:.~ t. _
-- '1r c ¡:::::/ ~ - · c,.,..
9.
<:.,.
1 L Give you:r pJ:esen~ or most .rccent employer, and position:
~ it;:) ,
12. Desccibe experienccs, ~kills or knowledge which qualify you to s~e on this boud.: (Plca.sc aO:2.ch. a. brid'resume)
Æ P¡;:e=-N ..z;~<./¿,J{~ ; > G Co . ~/7
qf & ~,.,ý " ~ ___ r2 n ø ;'1 J1 " ~o· o'J/
¿ ~
Oe? q ¡;r~f/ .r /S .l Cþ-.<;
I hcrtby certify thar ~ the abo,..e statement> í.U"C true" llnd r ~ ee ~d undcntand th~t: a.ny mis!ttatcment of macetW. faCT$
cont ~':l this applicati '3.y cause forfeicure upon my pan of ~ny appointment I may I:ccci,..e. -;'ECE'VED
~j;~&j
NOV 1 6 2004
DAï'E
ote: Tb1S ~:pp1icarion u."ill:rema.in on file W. tbe City Clerk's Office for:a pct"Îod of 2 ye..'us fro~'f~tüt.~R K
submitted. It will be che t\pplicant-s l.-esþon$ibihtV to ensUt'e that a. cu.a:en( aDoliOlt10n Ù! on fit 1";.
....-...--.............. ..- .~ U~
~ - - -
.
- -
JERPME SANZ€;)NE
200 MACFA.R.LANE DR
DELRAY BEAaL FL 33483
(561) 243-3299
.
OUTLINE JŒUME
-
Mai'c~ 2002 City of Pompano Beach Building "Official
Pruent l00'E Atlantic Blvd
Pompano Beach, F1.33061
~~ 1989- City ofDetray ~ch Bqilding Official
March. 1002 100 NW IA Ave.
De1ray BQl.ch. Ft 33444
Jun~ \986- City of Oakland hit Building Official
March. 1989 3650 NE 12th Ave
OaklAnd p~ FL 33334
-1une. 1984- City of ~ompano Bead. " Assistant"Building
June. 1986 l~l'SW ¡ø Ave Officid
Pompano Bcaçb~ FI. 33060
-
Ju~c, 1980- Self-Employed Construction Consu)tant &
June. 1984 RR 2.. Box. 816 General ConttactOJ;
Pompano Be3c~ Fl. 33067
Apiil. 1978- <JenenJ. Dc:"eloplO¢ll( CoIp. Director ofPiimary
Augus~ ·1980 1111 South BaY3ho[e Dr Housing
Miami) FL 33131
Odoþcr.1986- American Plywood ,Assoc. Sr. ~t~mtíonel
"ApdL 1919 POBox li700 Field Sc:rvice$
Tacö~ Vw'A. 9841 t Repre6enta~
August, 1965- Rin1cu MaterjaJs Bog. CQordioatQI:
OctoOcr. 1966 , 805 N. Railroad Ave. Field &. Fabrication
West Palm nea¢~ Fl of PJ-ojccu
Fébtiwy. 1963- I;,indslq Lumber Co. Estimation.
August. t 965 steéI Division DetaiI~ Field
Dania, Fl Supt:f"i$ion.
Q.stomcf Re1ations
ApñJ, 1960- SeQ.uity PlaJUÛng,. Inc. Sates Representative:
DecembE:r, 1962 FirSt NatioJUlI Bank Bldg.
Miami. Fl
Februat}'. 1960- Dade County HigbWB}~ Estimator &:
..Fcbruary:J t 963 Design SectiQn Designer
!
-
.. . ....-,""""""'"- .......
June, ]959- C & C Construction Estimatoc &
Sept$1ber~ 1959 6J3 Tabor Place De3Ígner
. lnvéstQT Pbnning Corp. Sales Reprc:scmativE:
60 E 42~ Strœt
NewYodc, NY
JEROME SANZONE
200 MACFARLANE DR.
: DELRA. Y HEArn, FL 33483
(561) 143-3299
OUlllNE RESUME (COm"D)
Sqrt. 1958- N£w Yolk aty CQmmunity Construction Tec~
J&L, 1960 Colleg€ ABS' Degree
300 Pearl St.
.BrookJy;n, NY
Sept.. 1955- . United StateS Am1y Corp of Engineers
Sept.. 1958
1~. 1954- lÆvy & O'Keef Mechanical Design.
Sept. 1955 171 Madison Ave
NcwYo~NY
.
:
-
PROFILE
Date of Bif!b: .August27" 1936
Marital Status: Maoied
~
GœeaI HeaJth: Excellent
Military S~ice: US Anny Corps ofEng. - HonQrabl~ Di~hargc. 1955..1958
Cåtification: FlQñda State QœeraJ CootÌ'actors
Lìcens~ ilCGC-007690
Ccctified by the Department ofPTOfe¡sionaI Regulatiom in' the
FoUo'-VÏng areas:
.
Building Code Ad~tcator;
StIUctural PJans E..uminer 3.\1~ Inspector;
EICCCrlcø.l Pla~ In$peçtor;
Mcclumica1 Plans Inspector
PlwDbing Plans InspectOr
C.A.B.O. Catified Building Official #923
FJoñda Beard of Building Code and
Standards CertifiC8tc #111
. -
Building Officiab Association Building Code
Pir~r Certificate #147
- Sooth Fioñch Building Code Building OflicÌal.
Chief Structura.llnspeétor and P)ans Examiner
:
School: NYCCC ~B.S_ Degree in Construction Tc:chnology
Organizati01J$: Flori~ Atlantic Bui1der$ AS30ciafÍon Cbainnan of
Affordable House Committee
·GoVE:mtJ)eutaJ Affairs Cønunittee
Bwldccs Associa.tion of S.outb Florida
Co-aJainnan ofTecbnical & Construction
Committee
Consnuc.tion Specifica.åons Institute
Building Officiab A~ociati()n of
DU.l.LU.l.I"tOI ....Abt::.. I::Jb
. --- -- - . --- -- - .. -- ......... .
0"
PJoñda
.
JEROME SANZONE
.. 209 MACfARLANE DR
DELRA Y ß'EA.CH. FL.
PROFIL~"(CONTD)
-
Boatds: Broward County ConstrUction Industty Licensing Board
·Palm Beacll CounIy Building Code Advisory Board
P~Jm Beach County Fire Code Advisocy Board
Fire Code Board of Adjusnncnu and Appa1$
SBCcr By-Lav.'S CoIJUIÚa:ec
SBCCI Code Interpretation CoIIDI1Îttee
. - SBCCI Ex:éJting Building Code Committee
SBCa General DeGign Committee
DOM Resolution Committee
Palm Beach County Hunicane Retrofit Committee
Palm Ikacb Couuty plumbing. Electrical and
" Mechanical Rëvi.ew Committee
ICe International BúiJding CodE: Structural Committee
Languages; Italian, Spani~ Japanese and Lati1J.
\
.
---- .- - .~ 0.# .
- -- -- - . --..-- --...--.-..
-
".
-
-
.
-
-
.
. -
.. .
- JEROME SAJ'lZONE 00
200 MACFARLANE DR .
DELRA Y BEACH, FL. 33483
,
. . CONSUL"IWG
CLIENT ACTIVITY
US Dcp( of AgriculturE: Set up constn,lCÒon COmpaniC3 to buiJd IJ1aSS housing and train
Per$onnel in VE:nauela; S..A.) 3 projects"started.
Nåtional Homes. Inc. ACq\tÏre produa approvab for their system under the
SBCCI and SFBC.
J{ym Homes .A.naJyze and solve construction problems.
G.D.-C. Analyze ~d solve (;OnstructionpTobl~.
Helict. \V c:a.ver & A$soc. Evaluate bujldings for cond-o coßlle{8ions.
Gœstar Developed site: pIal! fot planned community in S. Dade
m Evaluated snucroècs at Pahn Coast in Bunnell. Fl
Appl"Ovcd as expert°witness in American Arbin.-ation and
Federal Court..
G.P. Ánalyzc and solve: problems of co1)StructÏ.on applicatiQns.
. .Northwood Industries Advised 01) marketing of construction products and gained
code appro~~1s- .
"Maratem Ad,ist:d on marketing of constlUction products and gained
"0 . Code approvals.·
Everglades CherniCII.1 Advised ·on 1D3Tketing of construCÓon products and gajned
Code a.pprovals.
NO-Carter CoatiDg Advised on marketing of construction prodoct$ and ga.ined
Code apprQ'\."als.
CA. Marando Advised on marketing of constructiQn products and gained
Code approvals.
Florida Division of Analyze., investigate and evaluatc projects as well as testify a9
. Ltlw Enforcement An expert witness for (he: ConstnJction Fraud Ca$C
:
-
#
-
- .... - -
........ I
.. :. -
JEROME SANZONE -, -
200 MAŒARL.ANE DR.
DELRAYBEACIL FL 33483 - ...
PROFESSIONAL ASSOCIATIONS
~
American Concrete Insútuœ (ACl)
. Americaa InstitutE: of Timber Cousnucóon (AlTq
Building QfÏJCiaIs _~ssociation of FIQrida (BoAFj .
Building Offici.als AssociatioD ofPabn Beach Û)uuty (BOAFPBq
Building Officials ëJ.od Code Adrninistntors (BOCA)
" Consnuction Specification Instjtute (CSI)
·CòuodJ of American Building Officials (CABO)
Intematio113.1 CQnfereµcc ofBui1ding. Officials (lCBO)
Southan Building Code Coilgrcss Intematioml (SBCO)
P.ROFËSSIONAL CERTIFICA nONS
Bròward County ~oard ofRwes and Appeals:
Building OfficiaV Plans Exarower
Building Offic~a1s ~ssociation of Florida:
Building Officíall DepartJna}t Director
C6unciÌ of American Building Officials:
BuiJding Official
FIoñda Associaóon ofPlumbing-Oas-Mecbanica1 Inspectors, Inc..
SÞtc of Fiorlda.- Dep.amnœt ofBusíne~ & Profe3$ion8.1 Rciuhóon:
Bujlding Official! Code A~~tT8tor. Plans EX3~a InspectOr
State ofFloñda. Dq>ømnart ofBus-ÍDcss &. PJ:ofessiomJ Regulation:
General Contractor
Stat~ of ;Florida, FJoñêla Board ~fBui1ding Codes & Standards:
Buildjng Official
1ŒLA'!ED.JNDUSTRY·AC11VITIES
Building Association of South Florida:
Co-Chairman~ CoOSQ'\1ct1oo & Codes Committœ 1980-81
Olairmàn. PaltU Be.ach Cou.oty Fire Codo Ad"\oisot)' BQud.199o...94
Chaima~ Palm Beach C~unty Fire Cod~ of Appeals & Adjustments 1990-~4
College ofarcbite<;r.s: Engineers & Surveyors Seismic Cominittee 1968-13
"Low Cost Housi~ Comnùttee- Pucrto Rjço 1963-68
I1Ul.L1J .1.1'tb t"Abt:. tJ~
lbl _'"UOq .1..1.;;"':": :J::J...~CiOqO~~
-
President. ÐU11ding Officials Association ofBro1\-ard County 1987-8.8 .
PTt':SideQ~ Building OfficiabJ MsocUtion ofP~m BC3.clt County 1994-95
Soutltcm Building Code CoJ1gTess lntan3.tional By-Laws Committee 1992-93
Southeœ Building Code Congress ~ntem1lrion3.1 Code Inte.rpreriuioD COIIUIJ.i~ 1994-95 -
Southern Building Code Conference Intem<inonal Existing Bui1di~g Code Commïtt~ 1995-97
Southern Building Code Conference. Intemationa1 Gencrall?esign Comnñn~ 1991-1999
International Code CouncillCC ll'lTERNAll0NAL BUILDING COD&-Stroctnral Comminc¢ 1999-
Present
-
:
-
.
.0
~
·0
o.
nt By: RANDEE S SCHATZ,PA; 561 833 1881; Aug-2-04 2:26PM; Page 2/2
. _. ...- _ _ - - - . .. _ .&. &. a",..&. ." ..., .... ... .. ., .> I.... t:1"1~ çJ LRK @OO2
DflRA'V BEACH r-~ 00
~ . '" . . .. ...
te3!
CITY OF DEI ~RA Y BEACH ~N1€i
, III J!
} ,BOARD MEMBI =R APPLICATION
1993
2001
Please type O.l: plint the fono~g inform:at:Ï.on: -
L Last N~e: NaJ þe 1\.1. I.
Schatz Randep S
2. HOlDe Address: Ciq Stare Zip Code
935 Jasmine Dr. Delray BéäCh FL .3348]
3. Le~ Residence: Ciq Stare Zip Code
same as #2
4·. Prinapù Business .Addrcss: City StRte Zip Code
220 Sunri~e Avenue #209 Pa In Beach FL 33480
5. Home Phone: Business Phone: .E-Mail Addrt:!5~: Cell Phone: Fa-x:
.561-274-0010 561-833-1846 561-83.3-1881
6. .Axe you a regi.st~rcd voter? If so, w ¡bc£e are you registered?
Yes Prllm 'Rf"~,...h r:nnnr-y, J.11nritiA
7. What Bo~d(s) ue you interested in,c.rv.ing? Pl~e list in ord~ () ~ preferencE:
Planning and Zonin~ ;jnd SPRAB
8. List ill City Board& on whid1 you are curready $erving or have pr Þ'iously sCIVc.d: (Please include dates)
I am cUTrent:ly serving on the Historic Pre.ser vôtion Board and have been twice
\
elected as Chairperson by my tello,., board mem Ibers on the Board of Adjustment,_ (term 1 miLed)
). Ed\J.C1uíonal ~uali.6.cations:
B. S. - E.}lcation; J.D~ 1978
..
10. list any rdatro profe.ssional certi.ficatioos and licenses whic1 -
i )'OU hold:
T ~"Im ;a 1 i rPIlL....c..A "". i n t- h I' ç: 1"' n r r'> n f ]:.' 1 ^...- . r1~ ::JonA ~....= n.; o=ot-,-;,...r ,.,.... '.-..,·1......1-,; -. ......,
~
well as a licensed real estate broker.
11. Give yom p.resent:~ or .most r~cenr: ~pl~eI~ a.nd position:
Randee S. Schatz, P. A.y owner attorney
12. Describe expaÍ.enccs, skills or knowledge which quiJify'ÿou to SeJ ve ~n this board: (please £ttacb a. brief resUQlc)
In addition r.o having served on various boards ~hich are related LO areas affected by
planning and zonin~ iss1Jes~ my law pral.tíçe has had a large emphasis on real estate
transact:ions including planning and zoning matt4 .ra at both a municipal and county-wide
1evel
I h~cby c~..cåfy mat all the above stJl,t(:mœts are tnJe, 2nd I agree Uld )1)de£stand that any IIÙ95ta.temcnt of ~ t~( f~ct~
conc:u.ned in th.i~ application .may ea.use forfeiture upon my pare of a.ny app0lntmCllt I m~y receive.
'"3: a.."~Á./CY¡ c~ g-L-.-01
-NAT01~ . DATE.
fJore: This 2pplic~tion will. rema.io on 6k in the City aCJ:k~s Of¡ C~ fox a period of 2 years nom the da.t.c: it was
, submittéd Ie will be me applicaut's rc:spowibility to enst re th:lt -a. Cw::reQt a.pplìca.ri.oD. is on file.
R E eEl V E D ;S\CJTY<':I~R""'&Q~Ji'UCAnol'l
AUG 0 2 2004
~'TV CLEf'.K
DB..RAY BEACH
~
- .....atr CITY 'OF ~DELRAY BEACH
l'll·t!
-BOARD MEMBER APPLICATION
·1993
2001
F1èase 01: rint me fa - infa~tion:
1. last Name: ç:¡lvel' Name OJl-fSÆ/ MoL
~
2. Home Addœss~ Ci~ Sélte ?1P Code
27r g CordI /l15Iû! e- n :J:¡W.r
3. Ltga1 R.eaidence: City- State ~ -Cod~
)JÞ~ Cor., I - bc.e. 01. JM-tà hd 7i. 2.J~xr
4. Principal Bnsin.css Address: Oty Smte Zip Code
/2JO/ ¡OplcJe.r /¡~ ~ U foe<. ~ -.9L -1:l2JJ
s. H~ Ptt01le: Business Phon~ E.Mø.il Address: Cdt Phone: ~ax:
çU-l~- PÆÇJ - 0,1_ VJq -122- V ~s ~lve/Aoú.íe< - g,!-q29-SJ~ SZI-2}1£-/3~
6. ~ you a. tegistered-voter? Do If 50, where ue you ttgÏ$te.ted?
7. What Boatd( s) ue 0\1. intc:tcst.ed fu. ses:viñg? Please list in caler of preference:
pJa.nnJ~ -fp/1 í~ __.
9.
u. Give yow: pm;cnk ot tnost recent cn¡ployex, md pasi~JC ,
#h- 4> . ~ -- ~.../ ty . ~ . ,-
J'n
I
C?~ J~-â'::;1oY
.... b~ resume)
æ d4~
I~ du.t "!he above s_ U'C. au.:. oñd I o¡¡n:e md unde.:stond that.any mk.tJtem<nt of matdÏ;ol facb
~ !his ~ _yause fciáeitw:c upon my þatt of any oþÞointmei1t 1_1 tt:ëcive.
. rLc·l/ . ... /,- J-tJ:r
SIGNATURE DA~ I
.Note: This a.ppHcatîon willtem2i.n on file in: the-Cìt.yQcrl(s Office fora period of2 yearn from the dat:c it was
submitted It will be the applicant's ttsPQustl;illity to ensure that a 0Jrten.t appIic:a.tion is o~ fi1~
. ~UCA1"KN
:
..'
Christel Siiver Tel: 561-274-8153
278 E Coral Trace Cir Fax:" 561-243-1390
Delray Beach, FL 33445 Cell: 561-929-5799
, .
Resume'
-, Education: High School Diploma at Sequoia High School Redwood City, California
as Exch&nge Student ftom Genñ.any in 1960
- High Schooi Diploma at Fritz Karsen Schule in Berlin Germany in 1963
Graduate from Law A~emy in :Berlin in 1966
Administrator of J~tice from'¡ 966-1985 working at the ·Court Houses in "
", Berl~ Esse~ and Essen-Borbec~ Gennany _
Real Estate Schools in.Maryland, Washington DC, and Florida
Graduate of the'City of Del ray Beach' Residence Academy in April 2004
- Participant iÎ1 the Leadership of Dekay Beach,2004/2005
Licenses: Associate Broker in Maryland licensè #81131 since 1985
Realtor in Florida license # 60690952 since 2000
". Certified Residential Ap.präiser in M~land license# 7102
from 1991until2004
Notary Public in Maryland from 1986 until 2001
NQtary Public in Florida since September 2003
Certified International Propertÿ Specialist since 2004
Fair Housing: Member of the Fair Housing Committee at the Montgomery and
- Frederick Association of Realtors 1990-2001
Chairperson for the ¡Yair Housing Committee in Montgomery County
in 1995,
Meniber of the Interagen~yFair Housing Coordinating. Group 1995-1997
Washington DC HUD T~k Force member for Fair Housing
Voter status: I am a residen~ alien in the process of applying for my Naturalization
looking forward of becoming a registered voter.
" Membershi~: Greater Delray Beach Chamber of Commerce
(Chairperson for 2905 for ~e Ambassadors ~d Chairperson for a
Leadsgroup)
German American Chamber of Cømmerce
International Business -Council ofPahn Beach County Association of
Realtors
Membership Committee of Certified Residential Specialist (Chairperson
of the Florida Chapter)
Elected Director of the Board of the Coral Trace HOA for 2005
i&tc--&. ¿" 1-0 {}"
. ---- -------- ------
Christel Silver Date
-
/Jf-fðrno/
~utAY BEAt" . ./ ·7/~æJ
. .. . ... . ..
*****
. All-Allleifc:aatr CI.TV OF DELRÅY BEACH
" II J!
BOARD MEMBER APPLICATION
1993
2001
_,riease . or tint the foUo . inf~~ation:
1. ~t Nam(:: 'Name M.-L
Stanley 'J;11oma$ - M.
2 Hóme AddreSs:: Citÿ -State Zip Code
29 N.E. 4th Ayenue. .Delra B¢ach_ FL 33483
3. Legal Resìdence: City State Zip Code
932 Kokomo Key Lane Delray Beaçh FL 33483
4. Pri.nåpal Business Address: . City State Zip Code
,
29 N.E. 4~h Ave Delray. ],leach FL 33483
5. - HOlJ).e Phone: Business -Phone: E-Mail Address: CdI Phone: Fax:
561 266-5989 -561 276-6363 t~mStånley@~eliso ~61. ~62-4111 . ,5-61 276-8881
;,n~
6. Are yòu a registered voter? _ If so, where are you registered? .
Yes 932 KQkomo Ke Lane, Delra Beach, FL 33483
7. What-Bo~d(s) HC you mœrested in serving? Please list in order of preference:
...
8. Ust all_ City Bòards'o.n which you are Ç\Ittcorly serving or have prevjo~ly served: (please include dates)
None - . ..
.
9. Educational 'qualificañons:
B.A. Princ~ton University; J.D. Florida State University
to. List any related tróf~sional certifications ãnd licenses which you hold:
Member of- t e·Florida Bar; Real Estate 4~ty _
t t. Give you~ presen~ or· most recent employer, and position:
MaCMillan & St~nle - Attorne
12. Descåbe ~Ces, skills or knowledge which qualify yoù to secvê on this board: (pleasë atta.ch a -bri¿f r~ume)
See Attach~d_
. ..
. .
I hereby cc:ttify thåt aU the- abòve ·statements are ~~,-2j19 I agi~ -and unders~d tÌ1åt atiy mÍSstatcment of material facts
cont2Îned in I;his a ~catio~ may ausé fo.r(eitUrc ùþoñ my ~ of any appoinunent I may receive. .
-- ------ _. #~¥O-~-
.... --- - -- - -- - -- --- .. .. ---
DA: .
-. -- ..... -- - -- - ..-.. .. -. -- -- "-. .. --.. ..." .- - - .. . -- . -
Note: This apþlica.tión __ re~n on file 1n the City-Clerk's Office for a period of 2 years &om the date it was
submitted. it will be the applicanes responsibility to -ensure th~t a ctirrent application is on file.
- f£lTYCLEItK'JJOARD'.APrUCA T10N
,'~~:: iff}
· .
MacMillan ~ Stanley
29 N£. 4th Avenue Phone 561 276-6363
Dekay Beach. Fl33483 Fax 561 276-8881
E-mail ~tanley@beftsoulh.nét
'thomas M. -Stanley
, ,
Eciucátion 1995-1999 -Princeton. University Princeton. NJ
B.A. Hi$toty
1999-2002 Florida State University Tallaha.ssee. FL
~uñs Doctor
.'
~ProfesSIonaI . 1997 - Summer Searcy, 'Denney, Scarola. Bamhar:dt. and Shipl~y
law C!erk - - West P~lm Beach, FL
~e
1998 -:- Summ.er Office of the State Attorney West Palm Beach. FL
Law Clerk
2002 ·Leon County Circuit Court Tållahassee. FL ~
·Judicial Clerk
2002 - Present MacMillan & Stanley Defray Beach, FL
Attorney
Þ~~1 ~~mber of the Florida Bar; Ameri<?8n Bar. AssOCÎßtion; Delray Beach
mem~rships Gtlamber of Commerce; Cour:acil of 100; Boca Raton E~tate Planning
Council; Palm. Beach County Bar Associãtion; Delray Beach Historical
Soéiety; Member of Real Property and Probate Sèction of the Florida
, ' Bar; Mémbèr of City. County. and Gov~rriment Làw Section of the
Florida Bar; Member of Elder Law Section of the Florida Bar
" .Objecthte I was born in the Delraÿ Beach area and was a 1995 gradúate of the
A~antic. High SCJ1ooI1nt~mational Baccalaureate ·Program. I have a
vested inter:est. in the growth of Delray ~each as a·downtown landowner
ar:td businessman. I teel thç¡t my skills and krioWledge as a real es~te
'. attomeý and Delray Beach native will bring added depth to måny øf the
City of Delray ae~ch developmental and review "bòard s.
ÒB.RAv BfACH 3-Y/-¿J5
.a...·· ~~
~ 'ÇITY O'F DELRAY BEACH
, 'III!
BOARD MEMBER APPLICATION
1993
,2001
. :P.l.dse or rint the foIloWin iØ'ormation:
i. Last Name: S Tft [<..IN Name H 1* r< (IE Y MLa
2. Hoøe Address: 'lq G State Zip Code '
, 3 3 J/:Iê&/2. , C ( e.CLé 0 BfJt Y E~fl " F!- 3~ ð-S
3_ Legal Residence: City StD.te Zip Code
s ~J".~
4. Principal. Business Aêldress: ' City Sate Zip Code
'PI;¡LlCA¡J PP-ðf7t;fZ-'r1E"S _ 1) E"2-~Y 'P:> eA<- tl- fL :> ~<¡ ~J
~S, S.E'. G,t;Jl Æ (/1£' f S Ú,l1Þ l ~ gr
, ,
5. Home Phone: . Business Phone: E-Mail Address: Ci:1I. Phone:M, "f . :II:
'?~ I-';¡? ;1-141' ~ 5[" ( ...~ 72. -?{~b II ~ ra."../,. {j ~,l- £o¡t.. Q ~i.(-l.,ft'Ý "~ 0 5('1-:J. "~-4:~ f7
. 6. .ALe you ~ registered yoter? y~s If so, where ~é you regïst~ ' ófrlf
0' , ~~({.p.y Øc<il
7. What Boacd{s) ue you in~taI jn serving? Please list in ord~ of pretence: 3 ßþ. o.F A-D JL!5ïn~
C-D"OE cµÇ-OR- f...êt11c~(·, PL, PI G- 2b#(.A.J(;
0'
8. List all qty Bouds on which you u¢ curcendy servitlg or have pre\rioûsly saved: (pbse include dates)
G
~fF/) u 11-71E:
3t.{~) .
12. Desa:l;1>e c:xpe:ric:øccs, skills or Jåtowledge wiüch qUalify you to séive on this board: (pleaSe atttch å bñef rësúme)
~(..~f~ S~'. A 1Þ4- t
"
ve St2tem~ts :2r~ true, ånd'J agree and ~~erttand diaÏ: my tniss~tanènt of triaterial facts
.ay caUse forfei~~ upon my part of my apf'?Ú1tment I ¡nay receive. '
^ ,3, 2. r--;¿dö~
DATE "
Note: 'This'application will. ~ on file in the City Oerk's Office for a period of2-years froin t;he date it was
submitted.. It will be the ~plicanfs re.sponsibllity to ensure that a current applicatiop ~ ,on file..
_' , RECEIVED ~t1ON
, ,
- "
. --- MAR 3 1 2003
~ ?/t¥
CITY CLERK
'0
:
Attacbment to Section 12
CitY· of Delray Beach Board Mem.ber Application
. .
,I believe I am qualified to serve my city on one of its boards because of my
'professional experience, my commitment to seeing our city grow and pros~r in
o .. an orderty fashion, and my þelief that ~e needs of ~II our citizens should be
$erved in:~ fair ~nd compassionate manner.
First, I am a li~nsed and active RealtorR in the City .of Delray Beach. ·1 am
committed t9 supporting a balance between our need for growth and
development and our desire to maintain our rich cultural heritage. I believe that
· opportunities fo~ growth and development should reflect and suppòrt.both our
city's history ~s well as our need to supply all our residents with a wide range of
. hous~ng, educational, employment and ·entertainment opportunities.
.. 0 . My p·revious ~xperience as a senior exeçutive ·in the high technology iñdustry
· enables me to understand the impacts of budgets on growth 'and gives me thß
ability tö make th~ sOmétiri1es hárd decisions required to balånce "needs· with
"wants'- A~ a manager fami1iar.with strategic· and long tenn planning I
understand tne need for implementing orderly and C9Í1trolled processes :for
.. viewing a wide rànge of requirements and .the benefits of consistency in any
review process.
~nd. l.f~el a strong commitment to s~ing o~r city g~ow and prosper. .I·wäs
~mong the first graduates of the Oelray Beach Resident's Academy (November,
2001) and found ttie exp~r:ience both ~ducational and .inspiring. I learned a lot at
that time I promised myself that·1 wou~d be back to ta~e a I~rger part in ~king
.our city one I was proud ot As a resident I take pride in "~y city" and do alii can
to show that pride by atten~ing events and ta~ing an active part in city business.
·1 have attended numerous Commission meetings and learned a lot abput the
process ,of how· our city government ope~tes.. N.o~ I feel it is time to give
· something back and p~rticipate in a way that will have an impact. Instead of just
, .. ·talking a.boutwh~t happens, I ,want to volunteer to help make things happen.
. Fînally, t believe the. needs of all our citíz~ns should'be served In a fajr and
compassiona~e manner. The many boa~ds·in our city are charg~.with
. ~mpleme~ting the rules and prC?OOdures by. which we 1ive. Rules make our.
: society orderly and all~w oppo~unities fot all tq live peacefully and i.~ harmony.
.·Yet I believe th<?se rµlé~ .should be enfo~~d with å!1 eye toward the. en<j result
they were intended to achieve. As s~ch they must be dealt with in °a fair,
:responsible and compassionate mariner that alloWs all city residents to enjoy tl1e
city's benefits ·and its opportunities.
.HARVEY D. STARIN - _ 3498 HAABoR -CIRCLE. bËLRAY BEACH, FLORIDA 33483
- TEL 561-272-1665 ~-FAX 561-243~087 - EMAll: hstarin@aol.com
Strong Sales Skills, Focused On Results & CustolQ.er SatiSfaction
· Strong customer reJatiooship management skills and ext~ive c~omer sërvice experience
· Skil1ed at cÿstOt'n~ dev~lopment and SaJès.
· .Highly organized time manager" adept at balancing multiple competing objectives
:. Exteosiye customer facing d~ect sales ånd sales in3nagement experience
.. Excellent writing and presentation ~ills.
· Skilled tradeshow ~er" 1rom coÎlcq>t and theme development to show/boóth JiJanagement.
.- .. LiceQSed US ~t Guard Captain
EDUCATION '
ØS" Advertising an~ Marketing, UnivQ"Sity of Florida
MBA, Univa;sity of Florida
Kellogg Schoo~ NorthWestern Univecsìty" Executive Lædcrship Program
PROFESSIONAL EXPERIENCE -
Senior MJu-kéting Executivë
Experienced in Marketing, Sales, Strategic Planning, and Operations
2001 to 2002: S.ara~02a Telecom,' In~: National Retail Sa1e:S Mauger. Hire<L Øèveloped and managed
óÚtside sales force 'selling teleèoinmunica~ioos services to and prepaid phone-card'products to the måritime
industry nationwide. Performed direct c~stomer cOQtact. Developed retail sat~ stÏ'ategieS to increase volume
~d market penetration in this lùgþiy competitive in~ústry. Developed and prepared reports for sales"
distribution,. sales force productivity and demand for~ts.
'999 .., 2000: ~xhibit.œ~ Bøø R2to~ FL
Ce-Fou~der ånd Président of Internet Busin~-To-Business e-commerce startup yenture with responsibility
for all activities associated with creating and building the îlfSt Internet "VJrtuaI Trade Show."
. 1997 to 1m;. Lucent Technolo2Íes New Ventures GroUP1 Murray Hill NJ
General Maoagër'- Persÿstant TechnolOgies: Created and launched a neW-Lucent Internet startup venture for
", the delivery of interactive training over the Internet. Responsible for negotiating-and closing all initial test
, ':Customer and fitst service client contracts with Fortune 100 firms. Created ~e-v.ision·.for.the company, directed
$O~ development and all customa related a~ivities in the multibillion~o1iar adult learning,. corpora~e
"~ining maileet space.
'1~3 to \997: Luœnt Tec~nolo2ies &. AT~T. Baskin~ Rid~e. NJ -
:Geøera1 Manager':'" Learning Wórks: Cr~ and brought to market the-weent Tec~ologies "Learning
~Works" integrated sOlution business to ~<h'~s the multibillion dollar opportunity iµ applyjñg high technology
~ the1ra~ and éducation market. SuccessfuUy initiated product testing aD.d firSt serviCe Sales \YÏth senior
,training ~.corporate executives of partner firms. "-
'Ð.iredor øfMarketiag ~Dd S(rategie Planning: Created and coached the teainS ß¡at deiivered high impact
.~mec ~le support-app~~ons to support penetråtion of visual cömmunications:products and network
-~ices ~ong large businesS customèrs. "
-1988 to 199%: AT&T General·Busine$s SVStelD$1 Parsipp;tnv, .NJ
'1;-oduct ~r!ceting Director: -Re"spónsible foc'aU prodùct markd:ing ~vities" marketing collateral
developmen~ sales support materials" trade show ri1anagement and execution and med~ relations.
Other Exøerience:
,At&T inf~tiOi1 Systems:·Branch Sales Manager - ·Ft. Lauderdale, FL and Atlan~ GA.
J - ~
./ - "
~- . - - -,.
. ~ -
~ ,
- ....
-<"'-
.:::a..:::; - . l:::::X::! . .. ~.:
I -~ ==::2:<--=- _I~-. - ~-. - -,-,:::cr: '-..-'-: -'- - ~_- ~:¡;:¡¡:z: :~ -..r_ .(_ '-'
I :=::z :=5C. ~._!
~-----------..--.-...--.:.-_--~-------______---.J. .. _... _.__
: -.. ('~ . .' I
1 Q 11.1 . I -j. f _ f I I
- ....... ... f I I f I
. -) &SJ tJ.. I I . I I
..c f J I · f f
. I . . C .! I ,. . t
I ü I f i I I .J
- .... I . -I I I
I . - ....J (\l .~ I Z , I !
4: U I f 1ft :
I Z W ø. I I f I f J
- .-... foot (ß Q. J 1 I ! f I
· u.. 11.. ~ tit J I f I I
I -0 :x: c ~ . f , I
I a' t- UJ Cl. - J f f I f I
- OC" t--1 0:: 4. f J I J (
I· L::> Q: OC, f , I ;
Q 0::: flJ 0 I fl" ! )
-J' '0::: I.LI 0 en ,"') . to I t J f I
<C 0... -1 0::.0 (\I I I , 1 J I
. I U «..0 g¡. fl' I ! ¡
J W z:x:...... 1 f ! f I
! n - ir: lU I I! J I I I I
- f:Sõ (ß:::S Z (\J ." t .1 I 1
I '- W (Q Z <C(f'- 'I j I I ., I
' Q ~ a 0 W U <'J I! \ ( ; f
( S· ru - -1 W f-4 ...... ., I I I I
N '- m u æ ~- I f J f
I...... (J'o z: 0 w..o I f I I ú'
f Z W (J) Q.. If) f\"S[ , s ~ I
'M W Iff !
f ..,. - W..·· ~..... -- :)I S . f J d' I
t-N û: > 1.. I f J , >
I' .¿) t ) c - .... ß. Of .J I ~ 1\ ~ I.....
i.... r: m u u -0 1: ~ £ l~. I i (Jt !
'..0 -- ...... U\ ~ .0 0 0 W f \, l I ¡
ili) 1... cþ c].I j£.£ ;, I CLr ·r
1 Q. I- Q Q 000... a.. 0 I . J I en
I I U Z I 1\ ¡ t !Ø
.æ W l----.v I .¡ il· I
t :r: a a: I I ,. I I-
. 0 - íL :::. I I "-P- J I Cl. I
1« E ro I I j I J
tw Z 0 I I; , .
: m W :<{:. -2 . ! I i I I
i W ILJ. It... U Ivr 1 lei
:> n: :co Z I' I i (i
. !e:{" () t-a w . J I''''
. .~ m Of£: ¡ . i ,.,.1 I
:.....1 a:: W "'D f . ! U
-hi OCJ Q . 1 , J f CI I
;c G q- $QZ t-t > I I J , CL I
. - IS) Q) 53..... C!J 0 I I _J I '^
.&.-t.1- . !5;) tQ - S .=a; :Z:Z L I I I : C ~
:0.... .... :::¡ H ü.. f ! I ,- I
; S -0 Q::.xA<t Q. I If; i
~ >- (C G ß.) e-( ~ Q c..u i I I I . i
It- 0 S ~ oo>-:crc:w '" , I in( f f t
(- t- - ';"WI-Wf- _ i -, I I . .
o UN· 0::: C1 :> H Q (J) Q I·. I I 1 I -
I W <f" 0 O:-3.JO ¡! f
ò.:. (() ~ C9 <t ...... tl.. 1 lit t 1 o'
M m f') S O::s Q:::J i I I 1
J 's z co G1 s ~O--+W«ll- I i .w I I .
I "..-. S 5» JSt :J:MZI-........... 1 f t ( f I'
~ f"I f'::a_nn--s::- 'J' .-. I
I· (u...... S n.. s en irDltJ.Q: I ~. !! ,.
'- . 0 N O'-+J<C1L.ZW I . I
I g........ M· Z <> q- 0 t- :3 Q.. I " I I I I
. ...... 61 W (0 M J U) So"S 0 ! f '.,/ I . (
; "U . f·... f ( :
. ... -. - ... .... ......... - .... . G# t ~ It·!
- . : C >. f \( 'r I ì
: 0 · C·. c c t.... 0 t I I 3 s
: -0 L - 0 0 . !.. f - I.. I f I
i ::: ~ ; . :; ~... .~~ ~c. emf 2 I ; ~ :
J U La ~ U ~_. ,.JIII"L <I: S I ¡ I.
~ ~ - ~ . ~~~C~~ I t 1
~ U, fl.. rJ E: 0.' {. U 4.1 to·...,·:J If' t ! .
i .£ VI 0.. 1.. IR -o{"s:~!:U' r f. I I f
I U!:. ú.. .t: £: "U to 3 G1 0 1.( ( I : I I
I (0 ......4" 4: ÇL 1-4 4:d..Q·f-OCi: _ t_ I I ! f
1.-_- - --------.;---:--~_____..:....__~---.-..:--=-------J
d L.a09€t;~ 19S .1 . Y J ....e~s ~a(\"",e-H -
z¡ i:AJ-UJ . .
. QB.RAY lEACH 20n ì~ ;51'. Plctt1f1-e
........
*****
All-MertcaCity ciTY OF DELRAY BEACH"
l' II J!
BOARD MEMBER APPLICATION
" "
1993
2001
Please e or tint the folIo· . information:
t. .L2št Name:· SLtI (", Name M.L
'2. Home Address: " DrLOL ·State Zip Code
.ç € Pc- ~3 1S
3. Ì..egafResidence: State Zip Code
sarn€ as about:..,
4. Princi~ BUSin'ð>Ad~s: City State Zip Code
P91m eac~ tl t~'~ D"',Slora UJe:f"Palm F~ 3
f to .A«s-Irð\ ta . MEtA .,
.5. Home Phone: B~ess Phöilë: . E-Mail AddÌ-ess: Cell Phone: . Fax:
~1-.4c¡q-9'r ( ~-ro:Z33~~Z I ~-Z33-c;t boS
6. Are you a régistered voter?
~ H-( . ~¿prfSf'Y on ~rd Dow.rtow.... D
. . List all City BOards on which you are" cu.rcendy serving Qr have pr~óuSly seN
nOt1f.,
... .
# &t1ttThtUl. t?ld~"' t1
Y~~fI\1 . . "
[ hereby cettify tha~ 2Íl the abOve statem~ts are true; and I agree and understand ~t any misstatement of material facts
~ application =y caus<: forfeiture upon my part of any-appoÌIifmrot I may «eCive.
~ - . ~YJD3 .
)IGNA1URE DATE .
Note: This application. wi!l remain o~·lì1e mme CitY .?","k's oak.; for a æ of 2 ~ ~m the date it waS
subnutted. It will be the appliC3;nt's responsibility to ensur(: IRE! " ~JiP ~on IS on file.
ÖffJ ~oz¡~~ APR"'2'S2003~""
I"ITV 1"'1 CDil
--
~onald w. Sunivan . 400 Shërwood Forest Dñve .-
.
Delray aeach, F~ 33445-3872 . Phone: 561-499-8114
April 22, 2003
: City Clerk's Office
~ City of Delrw -Bèach
100 N.-W. 1 AVénue
Delray Beach~ FL 33444
oRe: aoard ·Member Application
Óear Ms. Schell:
En~losed is my completed appljcation for Board Mef11ber, City of Delray Beach. I am also
attaching a copy of a recent resume with pro~ably more information than you need.
I have been a resident of Palm Beach C~unty for almost 8 years but just moved to Delray
Beach last year. Please let me know if you need additional information.
#"
- Ronald W. Sullivan
.0
. .
,
. .
. -
. .
---- ----------
Þ'
,
RONALD W. SULUVAN
400 Sherwood Forest Dñve
Delray Beach. Fl33445-3872
Phone: (561) 499-8114 E-mail: mcsullivan@åol.com
SUMMARY
Låndscaþe Arcnrtect fland Planner with extensive background in teaching; in public präctice; and in Pf:ivate practice in
land planning. project management and computer applications to the planning :and design process.
EXþERIENCE
· Sènior. Planner (2102 to. present)
Palm Beaèh County. Planning Zoning and Building Department, West Palm Beach. FL
Senior Planner with the Zoning Division. Development Review Committøø (ORC) Section.
~ One of two senior planne~ supervising the work of 4 planners. a zoning technician and 3 secretaries in the
~rfonnance of their ~uties rélated to the DRC plan r~yjew process.
· :Share management responsibility of the· ORC plan review process.
_ Continue to serve as County staff representative on Northlake ßoulevard Corridor Task Forcø.
Senior Þlanner (2/97 to 2/02)
palm Beach County. Planning Zoning and Building Department. West Palm .Beach, Fl
ßenror Planner with the Zo~ing Division, Board of Adjustment/Concurrency Section.
.e As head of the Concurrency Section, responsible "for management of tþe cøncurr~ncy review prOcess and for
~upervisjon of a planner, ~oning technician.and secretary in the performance of their duties re,ated to C9nCtlrrency
review. .
· Responsible for overseeing the on-call and ·reception functións for the Zoning Division Including supervision of a
planner and Receptionist.
· ··Serve as County staff ~epresentative on Northlake Boulevard Corridor Task Force.
Site Planner II (Mid 1995 to 2!97)
~alm Beach Çounty, Planning Zoning and Building Department, W ~st Palm Beach. FL
· Project Man~gerlSite planner with the Zoning Division, Development Review Committee.
.. Review land development plans, site plans and master plans .for la.nd development projects . located within
unincorporated Palm Beach County and work with appliqants to bring these plans into confonnance.with Palm Beach
CQunty Unified Land Dßvelopment Code requirements.
· As$ist applicants in the preparation of these plans for submission to the Deve10pment Review Committee for final site
plan approval. .
· Review applications for building permits.
·Proiect lan~ Architect· (6 mònths).. .
Short tenn position with focal land development consulting firm working on preparation of proposals and on a variety of
land development and subdivision projects. -
t.ands@OO Architect I Project Manaoer (8 years)
Associate ¡-Stuóao Manaaer (4 years)
· ··Oerek åñd "Edson· Associates, Utitz, PA
.Major landscape .architecture, land planning and engineering firm in south~astem Pennsytvania with a staff of 16
.Landscape M:hiteots and 5 Civil Engineers. .
· Respon$U>1ø ·for introduction of computers to the firm in 1987 and for selection, acquisition. implementa~n and
. management of. hard~relsoftware systems for accounting, comput~r-aided design, engin~ring computations,
proj~ man~gement and word processing. .
.. As project manç¡ger, worked with clients, peers, other professionals and local and regional reviewing agencies in the
.pl~ning, design, approval añd implementation of a wide variety of project$. .
. As studio manager, guided and directed studio of 3 landscape architects, a civil engineer and a draftsperson in the
planning, design and approval of subdivision and la.nd development projects prepared using CAOD. .
Associate Professor of landscaoe Architecture
. Kansas ~ñlté University, Manhattan, KS (9 years)
Taug~t Courses at both t.inderg~duate and graduate levels in site planning, design and resource analysis.
~
,
,. As coordinator of the graduate program in-Iandscapè àrchitecture for 4 years, administered the program, recruited
and advised graduate students in one of the top ~ccredited graduate programs in landscape architecture in the
country.
,. ' Maintained a full program of èonsistentty high caliber students during a period of gene~ily declining enrollment at the
- 'university.
LandscaDe Architect Consultant
Bureaú of Land Managemént (6 months)
Three month executive appointments t~ Wyoming arid Alaska state offaces of'fede~lland management agency.
· Conducted a study of off-r~ad vehicle use -00 public lands in conjunction with landscapé Arehitects and -other
professionals in the Wyoming State OffICe. '
· Worked with BLM Landscape Architects in Alaska to develop a methodol~,for visual resource inventory and
analysis of a 15 million acre resource ~rea in northwestern Alåska. Resultant report used to -mQ<flfythe existing BlM
manual section on VISual Resource M~agement.
~ t.andscaòe Arèhitect I Park' Planner
Texas ParkS and Wildlife Department, Austin, TX (6 years)
Involved wiU1 aU phases Of resouroe-óriented park planning 'and design through the agency that administers the historic
and recreation parks in Texas. " , : - "
· Supervised planning professionals in preparation o! .15 state park master developmen~_plans for units of the Texas
State Park System.
· Helped develop à system of resource analysis adopt~'by the Department for planning ,state parks -and -authored a
booklet describing the process.
· Coordinated a team that developed a state park system plan for T e)(as and procedures for imple~entation.
Lan~~ Archit~t (1 year)
, ~oy H. Se ert ahd Associates, San Diego, CA
Small landscape architecture and land planning firm.
.. . Design on a variety of projects ~nging from county park m~ster plans to site planning for a nucle~r power plant to
. private residentiallançjscape design.
Naval OffICer
United States Navy (3 years)
Served on two western Pacific tours to Vietnam and was involved in the initial stages of th~ pull-out of troops from
Vætnam.
· As Communications OMsion Officer, responsible for all communications on 10,000 ton amphibious ship in the
western PacifIC as well as -the-security of all top-secret materiaf, equipment and communications. Supervised 2 junior
. offICers, 2 chief petty officers -and 20 communi~tions specialists.
, . Directed ship maneuvering (Command Duty Officer) when enterir)g and leaving port, replenishing at sea ~nd during
battle conditions.
EDUCATION
Master of Arts in Sociology, Kansas State University ,
Master of Scienp~ in Community and Regional Planning, Uõiversity of Texas (Austin)
. Bachelor of Scíence in landscape Arch~ecture, Iowa State University
PRO,FESSIONAL
Registered Lands~' Architect, Current--#1598, State of fIorida
AegiStered Landscape Architect. Curreot '501, State of Texas (Uniform Na~ional Exam)
'National CertifICation by CLAAB .#616, Current
Member, American Society of Landscape Archit~ts #023973
Past Registered Lan¢;cape Architect, State -of Pøonsylvani~ (9 'years)
Past Registered:Landscåpe Architect, State of Kansas (9 years)
H:\WPDATA\PROF\LATEST~.doc
~
I CITY COMMISSION DOCUMENTATION I
TO: DA~a1.1'~ MANAGER
THRU: PA L DORLI ,I TOR OF PLANNING AND ZON
FROM: JEFFREY A. COST 0, ASSISTANT PLANNING DIRE
SUBJECT: MEETING OF FEBRUARY 1, 2005
CONSIDERATION OF A CITY -INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS MODIFYING RM (MEDIUM DENSITY
RESIDENTIAL) ZONING DISTRICT DEVELOPMENT STANDARDS IN
CONJUNCTION WITH THE IMPLEMENTATION OF THE SOUTHWEST AREA
NEIGHBORHOOD REDEVELOPMENT PLAN.
~ BACKGROUND ~
In order to realistically accommodate densities up to 24 units per acre for workforce housing within the
recently adopted Southwest Neighborhood Overlay District, the RM (Medium Density Residential)
zoning district development standards must be modified. The proposed amendment reduces the
current setback requirements as follows:
· The front and side street setbacks will be reduced from 25' (1 & 2 story) and 30' (3 story) to 15';
· Reduces the side interior setback from 15' (1 & 2 story to 10' and from 30' (3 story) to 15';
· Reduces the rear setback will be reduced from 25' to 10'.
The amendment provides a definition of "porch" and will allow front porches to extend 5' into the
setback. The amendment includes a provision that requires a 20' setback for a garage, carport or porte-
cochere when the entrance faces a street or alley. This is to ensure there is adequate room for
guest/residents to park in the driveways, without vehicles encroaching into the right-of-way. This
requirement would continue to allow the balance of the structures to maintain a 10' setback. Parking in
the front yard is discouraged unless there is no dedicated access to the side or rear of the property.
Also, when parking is provided in the rear on-street parking must be provided. Positive findings can be
made with respect to LDR Section 2.4.5(M)(5), as the proposed text amendment will further the Goals,
Objectives, and Policies of the Comprehensive Plan, and the Southwest Area Neighborhood
Redevelopment Plan. Additional background and a detailed analysis of the text amendment are
provided in the attached Planning and Zoning Board staff report.
~ PLANNING AND ZONING BOARD CONSIDERATION ~
The Planning and Zoning Board held a public hearing regarding this item at its meeting of January 24,
2005. There was a member of the public who supported the amendment, but felt the requirement to
provide 20' setbacks behind the garage doors adjacent to the alley was excessive. They also felt the
front porch should be able to extend 7.5' into the front setback rather than 5' and that the front porch
should be able to occupy more than 50°¡b of the property frontage. Without a required 20' setback for
garages we would find that the minimum 10' setback would be provided encouraging people to park in
this substandard area and encroaching into adjacent travel lanes. The regulations concerning the
porches, limiting them to 5', are to ensure there is adequate area for landscaping/street trees and
utilities, and that additional articulation is provided on the elevations facing the street. The Board voted
5-0 (Kincaide absent), to recommend to the City Commission approval of the proposed amendment as
proposed by adopting the findings of fact and law contained in the staff report.
\C'JÄ
City Commission Documentation
Meeting of February 1, 2005
LDR Amendment - RM zone district regarding Southwest Neighborhood Overlay District
Page 2
, RECOMMENDED ACTION I
Move to approve the amendment to the Land Development Regulations Appendix "A", Section 4.3.4(K)
(Development Standards Matrix) and Section 4.4.6 RM (Medium Density Residential) zoning district
regulations by adopting the findings of fact and law contained in the staff report and finding that the
request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of
the Land Development Regulations, with second reading to occur on February 15, 2005.
Attachments Proposed Ordinance & Planning & Zoning Board Staff Report of January 24, 2005
OHRAY BEACH DURAY BEACH
~~'~~tÌ ~~~.ÅÎ
AlI-AnricaClly PLANNING AND ZONING BOARD AlI-AlølcaCiIy
'1111' '1111'
MEMORANDUM STAFF REPORT
1')')j 1'1'1j
~ }tJl 'DOl
MEETING OF: JANUARY 24, 2005
AGENDA ITEM: IV.G. CITY INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS APPENDIX "A"
(DEFINITIONS), SECTION 4.3.4(K) (DEVELOPMENT
STANDARDS MATRIX) AND SECTION 4.4.6 RM (MEDIUM
DENSITY RESIDENTIAL) ZONING DISTRICT
REGULATIONS MODIFYING THE DEVELOPMENT
STANDARDS IN CONJUNCTION WITH THE
IMPLEMENTATION OF THE SOUTHWEST AREA
NEIGHBORHOOD REDEVELOPMENT PLAN.
I ITEM BEFORE THE BOARD I
The item before the Board is that of making a recommendation to the City
Commission regarding a city-initiated amendment to the Land Development
Regulations Appendix "A", Section 4.3.4(K) (Development Standards Matrix) and
Section 4.4.6 RM (Medium Density Residential) zoning district regulations
modifying the development standards in conjunction with the implementation of
the Southwest Area Neighborhood Redevelopment Plan, pursuant to LDR
Section 2.4.5(M).
Pursuant to Section 1.1.6, an amendment to the LDRs may not be made until a
recommendation is obtained from the Planning and Zoning Board.
I BACKGROUND I ANAL YSIS I
Background:
At its meeting of June 3,2003, the City Commission adopted the Southwest Area
Neighborhood Redevelopment Plan, which establishes a blueprint for the
revitalization and stabilization of the area generally bounded by West Atlantic
Avenue on the north, SW 10th Street on the south, Interstate 95 on the west, and
Swinton Avenue on the east. The Plan is divided into five sub-areas based upon
current and proposed land uses. The sub-areas serve to define potential
boundaries for the phased implementation of the various plan components.
Future development in the area must be in accordance with the provisions of the
Redevelopment Plan.
IV. G.
Planning & Zoning Board Memorandum Staff Report
LOR Amendment - RM regulations regarding Southwest Neighborhood Overlay District
Page 2
Within the Northwest Quadrant sub-area, a goal is to provide significant
redevelopment with both ownership and rental opportunities for residents with a
mix of incomes and lifestyles. During the development of the Neighborhood
Plan, it was acknowledged that incentives are needed to attract the
redevelopment activity anticipated by the plan and accommodate the desired mix
of housing. It was also acknowledged that any potential increases in density
(greater than the current maximum of 12 units per acre) would only occur for the
area north of SW 2nd Street, which is currently zoned RM (Medium Density
Residential) and allows multiple family development. This area serves as a
transition from the higher intensity commercial area along West Atlantic Avenue
and the single family zoned area south of SW 2nd Street.
In order to implement directives of the Plan, on October 19, 2004, the City
Commission approved Comprehensive Plan Amendment 2004-2 which included
text changes to the Residential Medium land use description to allow increases in
densities between 12 and 24 units per acre in an overlay district in the area north
of SW 2nd Street, between 1-95 and Swinton Avenue, south of the West Atlantic
Avenue commercial area. Concurrent with the Comprehensive Plan amendment
an ordinance was being formulated to create a density bonus program requiring
the provision of workforce housing (consisting of very low income, low income
and moderate income households) for increases in density within the overlay
district. The accommodation of workforce housing is also consistent with the
adopted Southwest Area Neighborhood Redevelopment Plan.
At its meeting of December 6, 2004, the City Commission adopted the
FamilylWorkforce Housing ordinance. The ordinance includes the creation of
three overlay districts in which density bonuses are awarded for the provision of
workforce housing. The three districts include the Southwest Neighborhood
Overlay District, Southwest 10th Street Overlay District, and Carver Estates
Overlay District. The goal of each of the Districts is to provide opportunities for
existing residents to remain in the area and assure that as development occurs
an affordable workforce housing component is included.
In the Southwest Neighborhood Overlay District, the density bonus program
would allow additional density above 12 units to the acre to a maximum of 24
units per acre, as a conditional use based upon provision of workforce housing
units. Within the Carver Estates and Southwest 10th Street Overlay Districts, a
maximum of 12 units per acre is allowed where developments substantially meet
the existing performance standards as well as provide a minimum of 200/0
workforce housing units. Per the adopted FamilylWorkforce Housing Ordinance,
the workforce housing units are to be compatible in exterior design, appearance,
construction and quality of materials and contain comparable HV AC systems and
appliances as the proposed market units..
In order to accommodate the allowed densities within the Southwest
Neighborhood Overlay District, the RM (Medium Density Residential) zoning
Planning & Zoning Board Memorandum Staff Report
LDR Amendment - RM regulations regarding Southwest Neighborhood Overlay District
Page 3
district must be modified to allow as a conditional use a development to increase
density above 12 units per acre up to 24 units per acre. The amendment modifies
certain development standards so that 24 units per acre can be accommodated.
Current RM zone district development standards are more suburban than urban
in character, which could not accommodate the increases in density to
accommodate the desired type of workforce housing. Thus, the amendment
proposes reducing the current setback requirements as follows:
· The front and side street setbacks will be reduced from 25' (1 & 2 story) and
30' (3 story) to 15';
· Reduces the side interior setback from 15' (1 & 2 story to 10' and from 30' (3
story) to 15';
· Reduces the rear setback will be reduced from 25' to 10'.
In addition, the proposed amendment provides a definition of "porch" and will
allow front porches to encroach 5' into the front or side street setback.
The amendment includes a provision that requires a 20' setback for a garage,
carport or porte-cochere when the entrance faces a street or alley. This is to
ensure there is adequate room for guest/residents to park in the driveways,
without vehicles encroaching into the right-of-way. Parking in the front yard is
discouraged unless there is no dedicated access to the side or rear of the
property. Also, when parking is provided in the rear on-street parking must be
provided.
Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be
based upon a finding that the amendment is consistent with and furthers the
Goals, Objectives, and Policies of the Comprehensive Plan. A review of the
goals, objectives and policies of the City's Comprehensive Plan were conducted
and the proposed amendment furthers the following policy as well as the adopted
Southwest Area Neighborhood Redevelopment Plan.
Future Land Use Element Policy C-1.7 The following pertains to the Southwest
Neighborhood Redevelopment Area:
This area is generally defined as the area bounded by West Atlantic A venue on
the north, SW 1dh Street on the south, Interstate 95 on the west, and Swinton
Avenue on the east.
Many of parcels in the area contain vacant or dilapidated structures, substandard
parking and substandard landscaping. The area also contains residential areas
identified as "Rehabilitation" on the Residential Neighborhood Categorization
Map contained in the Housing Element.
The Southwest Area Neighborhood Redevelopment Plan was adopted by the
City Commission at its meeting of June 3, 2003. The Plan establishes a blueprint
Planning & Zoning Board Memorandum Staff Report
LDR Amendment - RM regulations regarding Southwest Neighborhood Overlay District
Page 4
for the revitalization and stabilization of the area. The Southwest Area
Neighborhood Redevelopment Plan is divided into five sub-areas based upon
current and proposed land uses. The sub-areas serve to define potential
boundaries for the phased implementation of the various plan components.
Future development in the area must be in accordance with the provisions of the
Redevelopment Plan.
I REVIEW BY OTHERS I
Community Redevelopment Agency
At its meeting of January 13, 2005, the CRA Board reviewed and recommended
approval of the proposed text LOR amendment.
West Atlantic Redevelopment Coalition:
At its meeting of January 12, 2005, the WARC Board reviewed the proposed
LOR text amendment. The consensus of the Board was to support the LOR
amendment.
Courtesy Notices:
Courtesy Notices were provided to the following Civic Associations:
. PROD (Progressive Residents of Delray
. President's Council
Letters of objection and support, if any, will be provided at the Planning and
Zoning Board meeting.
I AL TERNA TIVE ACTIONS I
1. Continue with direction.
2. Move to recommend to the City Commission approval of the attached
amendment to the Land Development Regulations Appendix "A", Section
4.3.4(K) (Development Standards Matrix) and Section 4.4.6 RM (Medium
Density Residential) zoning district regulations by adopting the findings of
fact and law contained in the staff report and finding that the request is
consistent with the Comprehensive Plan and meets criteria set forth in
Section 2.4.5(M) of the Land Development Regulations.
3. Move to recommend to the City Commission denial of the attached
amendment to the Land Development Regulations Appendix "A", Section
4.3.4(K) (Development Standards Matrix) and Section 4.4.6 RM (Medium
Density Residential) zoning district regulations by adopting the findings of
Planning & Zoning Board Memorandum Staff Report
LDR Amendment - RM regulations regarding Southwest Neighborhood Overlay District
Page 5
fact and law contained in the staff report and finding that the request is in
consistent with the Comprehensive Plan and does not meet criteria set
forth in Section 2.4.5(M) of the Land Development Regulations.
I RECOMMENDATION I
Move to recommend to the City Commission approval of the attached
amendment to the Land Development Regulations Appendix "A", Section
4.3.4(K) (Development Standards Matrix) and Section 4.4.6 RM (Medium Density
Residential) zoning district regulations by adopting the findings of fact and law
contained in the staff report and finding that the request is consistent with the
Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land
Development Regulations.
Attachments: Proposed Ordinance
Planning & Zoning Board Memorandum Staff Report
LDR Amendment - RM regulations regarding Southwest Neighborhood Overlay District
Page 6
ORDINANCE NO.~ -05
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF CODE OF ORDINANCES, BY
AMENDING SUBSECTION 4.3.4(K),
"DEVELOPMENT STANDARDS MATRIX";
SECTION 4.4.6, "MEDIUM DENSITY
RESIDENTIAL (RM) DISTRICT" AND APPENDIX
"A", "DEFINITIONS", IN ORDER TO IMPLEMENT
PROVISIONS OF THE SOUTHWEST AREA PLAN
REGARDING DENSITY AND USES; PROVIDING
A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LOR Section 1.1.6, the Planning and
Zoning Board reviewed the proposed text amendment at a public hearing
held on January 24, 2005, and voted _ to _ to recommend that the
changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is consistent with and furthers the goals,
objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach
adopts the findings in the Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds
the ordinance is consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS
FOLLOWS:
Section 1. That the recitations set forth above are incorporated
herein.
Section 2. That Section 4.3.4, "Base District Development
Standards", Subsection 4.3.4.(K), "Development Standards Matrix", of the
Land Development Regulations of the Code of Ordinances of the City of
Delray Beach, Florida, be and the same is hereby amended to read as
follows:
Planning & Zoning Board Memorandum Staff Report
LDR Amendment - RM regulations regarding Southwest Neighborhood Overlay District
Page 7
Section 3. That Section 4.4.6, "Medium Density Residential
District" , of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is
hereby amended to read as follows:
Section 4.4.6 Medium Densitv Residential (RM) District:
(A) Purpose and Intent: The Medium Density Residential (RM)
District provides a residential zoning district with flexible densities having a base
of six (6) units per acre and a maximum of twelve (12) units per acre, except
within the Southwest Neiahborhood Overlav District where the maximum density
is twenty-four (24) units per acre. The actual density of a particular RM
development is based upon its ability to achieve certain performance standards
which are intended to mitigate the impacts of the increased density and ensure
that the project is compatible with surrounding land uses. Within the Southwest
Neiahborhood Overlav District. the Southwest 10th Street Overlav District. and
the Carver Estates Overlav district. the actual density is also based upon the
development's abilitv to complv with Article 4.7 (FamilvlWorkforce Housina).
Further, the Medium Density Residential District provides for implementation of
those objectives and policies contained within the Housing Element of the
Comprehensive Plan which call for accommodating a variety of housing types.
(B) Principal Uses and Structures Permitted: The following types of
use are allowed within the (RM) District as a permitted use:
(1 ) Single family detached dwellings.
(2) Duplex structures.
(3) Multiple family structures.
(4) An abused spouse residence with twelve (12) or fewer residents.
(5) Group Homes, Types 1 and 2, and Community Residential Homes,
pursuant to restrictions set forth in Section 4.3.3(1).
(6) Parking lots not associated with a use, pursuant to an adopted
neighborhood or redevelopment plan.
(7) Pocket parks.
(8) Public educational facilities of The School District of Palm Beach
County, pursuant to the regulations set forth in Section 4.3.3 (HH).
Planning & Zoning Board Memorandum Staff Report
LDR Amendment - RM regulations regarding Southwest Neighborhood Overlay District
Page 8
(C) Accessory Uses and Structures Permitted: The following uses
are allowed when a part of, or accessory to, the principal use:
(1 ) Uses and structures normally associated with residences such as:
bird aviaries, boat docks, dog houses and dog runs, garages, greenhouses,
playhouses, pool houses and covers, pump houses, slat houses, storage sheds,
tennis courts, workshops, swimming pools, and home occupations.
(2) Family day care pursuant to restrictions set forth in Section 4.3.3(T)
(Child care, up to five children).
(3) Home tutorial services subject to the restrictions set forth in Section
4.3.3.(KK).
(4) Recreational facilities attendant to a subdivision which is operated
under a bonafide homeowners association such as: tennis courts, swimming
pools, exercise area, clubhouse, and private golf courses.
(5) The rental or lease of a boat dock when the dock is assigned to, or
on the same lot as, each residential use on a one-to-one basis
(6) Guest cottages, only when accessory to a single family detached
structure.
(D) Conditional Uses and Structures Allowed: The following uses
are allowed as conditional uses within the RM District.
(1 ) Adult congregate living facilities and continuing care facilities.
(2) Residential Licensed Service Provider Facilities subject to
restrictions set forth in Section 4.3.3(0).
(3) Child care and adult day care.
(4) Private educational facilities subject to the restrictions set forth in
Section 4.3.3(HHH).
(5) Churches, or places of worship, and their attendant educational,
nursery, Sunday school, recreational, and columbarium facilities. The foregoing
does not allow establishment of educational and care uses such as elementary
school and general day care; however, such uses may be established by a
separate conditional use application for child care or rezoning to CF, as
appropriate.
(6) Convalescent homes, homes for the aged, nursing homes, and rest
homes.
Planning & Zoning Board Memorandum Staff Report
LOR Amendment - RM regulations regarding Southwest Neighborhood Overlay District
Page 9
(7) The use of common recreational facilities such as swimming pools,
tennis courts, and golf courses (associated with a subdivision) for club or
commercial purposes.
(8) Single family detached residences in zero lot developments.
(9) Yacht club with facilities.
(10) Dock master facilities when associated with a multi-family
development which has a marina.
(11 ) Private beach clubs with attendant recreational, dining, and related
accessory facilities within the area lying south of Atlantic Dunes Park and east of
State Road A 1 A.
(12) Multiple family residential development may exceed twelve (12) units
per acre. UP to a maximum of UP to twenty-four (24) units per acre within the
Southwest NeiQhborhood Overlay District defined in Section 4.5.9. subject to the
provisions of Section 4.4.6(1). Article 4.7. and based upon the development's
conformance with the applicable standards and criteria described within the
adopted Southwest Area NeiQhborhood Redevelopment Plan.
(E) Review and Approval Process:
(1 ) Single family and duplex uses and accessory uses thereto shall be
allowed upon application to and approval by the Chief Building Official for
structures which require a building permit and which otherwise comply with
applicable use restrictions.
(2) Multiple family uses and structures must be approved by the Site
Plan Review and Appearance Board pursuant to the provisions of Section
2.4.5(F), 2.4.5(H), and (I).
(3) The creation of a new lot for the purpose of building a single family
residence requires platting pursuant to 2.4.5(J) or (K), as applicable.
(4) Conditional uses must be approved pursuant to the provisions of
Section 2.4.5(E).
(F) Development Standards:
(1 ) The provisions for the R-1-A District shall apply for single family
detached dwellings.
(2) The development standards as set forth in Section 4.3.4 shall apply
for duplex and multi-family development. except as modified herein.
Planning & Zoning Board Memorandum Staff Report
LOR Amendment - RM regulations regarding Southwest Neighborhood Overlay District
Page 10
(3) Southwest Neiahborhood Overlav District Development
Standards: The followina development standards applv in the Southwest
Neiahborhood Overlav District as defined in Section 4.5.9:
(a) Setbacks:
(i) Front: 15'
(ii) Side (street): 15'
(iii) Side (Interior): 1 and 2 stOry - 10'
3 stOry - 15'
(iv) Rear: 10'
(b) Setbacks for Garaaes. Carports and Porte-Cocheres:
Garaaes. carports and porte-cocheres must have a minimum 20' setback when
the entrance faces a street or allev.
(c) Porch Encroachments: Front porches may extend 5' into
the front or side street setback and cannot OCCUpy more than 50% of the buildina
frontaae and cannot be enclosed in any manner.
(G) Supplemental District Reaulations: In add ition to +:the
supplemental district regulations-as set forth in Article 4.6. the followina
supplemental district reaulations shall apply in the RM zone district.
(1 ) Southwest Neiahborhood Overlav District: The followina
supplemental district reaulations shall applv in the Southwest Neiahborhood
Overlav District as defined in Section 4.5.9:
(a) Parkina in the front yard is discouraaed. No parkina shall be
allowed in the front yard unless there is no dedicated access to the side or rear of
the property.
(b) When aaraaes are provided in the side or rear yards. on-street
parkina must be provided.
(H) Special Reaulations:
(1 ) A minimum density of six units per acre is established for duplex
and multiple family housing projects within this district. Density may exceed the
base of six (6) units per acre only after the approving body makes a finding that
the project has substantially complied with performance standards as listed in
4.4.6(1). In no event shall a development's total density exceed 12 units per acre~
except within the Southwest Neiahborhood Overlav District. The density for a
specific RM development may be further limited by a numerical suffix affixed to
the designation and shown on the zoning map (i.e. RM-8 limits the density to
Planning & Zoning Board Memorandum Staff Report
LDR Amendment - RM regulations regarding Southwest Neighborhood Overlay District
Page 11
eight units per acre). To seek a density greater than allowed by the suffix, it is
necessary to rezone the property.
(2) Notwithstanding the above, a duplex may be situated upon a
platted lot pursuant to Section 4.3.4(1)(3)(b)
(3) Recreational areas shall be required for all new rental apartment
developments, and of owner occupied developments which have homeowner
associations that must care for retention areas, private streets, or common areas.
New developments must include recreational features that are designed to
accommodate activities for children and youth of all age ranges. Tot lots are
appropriate for toddlers; features such as a basketball court, volleyball court, and
open playfields are appropriate for older children. A pool and clubhouse, unless
specifically designed for children, is not considered to meet this requirement.
Projects having fewer than twenty-five (25) units may be exempted from this
standard where it is determined by the approving body that it is not practical or
feasible to comply.
(4) The height of accessory structures shall not exceed the height of
the associated principal structure. Screen enclosures without a solid roof are
excluded from this limit.
(5) The floor area of an accessory structure shall not exceed 40%) of
the floor area of the principal structure.
(6) Density Bonuses. Density bonuses may be granted as-a
Condition31 Use to eligible properties governed by regulations set forth in
Chapter 4, "Zoning Regulations", "FamilylWorkforce Housing" as discussed
below:
(a) Southwest Neiahborhood Overlav District: Densitv bonuses
above 12 units per acre may be qranted as a Conditional Use to eliqible
properties within the Southwest Neiqhborhood Overlav District defined in Section
4.5.9, subject to the requlations set forth in Chapter 4, "Zoninq Requlations",
"FamilvlWorkforce Housinq".
(b) S.W. 10th Street and Carver Estates Overlav Districts:
Within the S.W. 10th Street and Carver estates Overlav District defined in Section
4.5.10 and 4.5.11, in addition to the performance standards listed in Section
4.4.6(1), increases to a project's density beyond six (6) units per acre is subject to
the requlations set forth in Chapter 4. "Zoninq Requlations", "FamilvlWorkforce
Housinq".
Planning & Zoning Board Memorandum Staff Report
LDR Amendment - RM regulations regarding Southwest Neighborhood Overlay District
Page 12
(I) Periormance Standards:
(1 ) These standards shall apply to all site plans approved
subsequent to October 7, 1997, and for modifications to existing developments
which involve the creation of additional residential units.
In order to increase a project density beyond six (6) units per
acre, the approving body must make a finding that the development substantially
complies with the performance standards listed in this section. The intent of the
standards is to mitigate the impacts of the additional density both internal and
external to the site. The extent to which a project meets the standards will
determine the number of units per acre that will be permitted. For example, if a
project meets or exceeds all of the standards, and is otherwise consistent with
applicable standards and policies of the City's Comprehensive Plan and land
Development Regulations, the maximum density is permitted. Projects which
only partially achieve these standards will be permitted a correspondingly lower
density. The performance standards are as follows:
(a) The traffic circulation system is designed to control speed and
reduce volumes on the interior and exterior street network. This
can be accomplished through the use of traffic calming devices;
street networks consisting of loops and short segments; multiple
entrances and exists into the development; and similar measures
that are intended to minimize through traffic and keep speeds
within the development at or below 20 m.p.h.
(b) Buildings are placed throughout the development in a manner
that reduces the overall massing, and provides a feeling of open
space.
(c) Where immediately adjacent to residential zoning districts having
a lower density, building setbacks and landscape materials along
those adjacent property lines are increased beyond the required
minimums in order to provide a meaningful buffer to those lower
density areas. Building setbacks are increased by at least 25%
of the required_minimum; at least one tree per 30 linear feet (or
fraction thereof) is provided; trees exceed the required height at
time of planting by 25%_or more; and a hedge, wall or fence is
provided as a visual buffer between the properties.
(d) The development offers a varied streetscape and building
design. For example, setbacks are staggered and offset, with
varying roof heights (for multi-family buildings, the planes of the
facades are offset to add interest and distinguish individual
units). Building elevations incorporate diversity in window and
door shapes and locations; features such as balconies, arches,
Planning & Zoning Board Memorandum Staff Report
LDR Amendment - RM regulations regarding Southwest Neighborhood Overlay District
Page 13
porches, courtyards; and design elements such as shutters,
window mullions, quoins, decorative tiles, etc.
(e) A number of different unit types, sizes and floor plans are
available within the development in order to accommodate
households of various ages and sizes. Multi-family housing will
at a minimum have a mix of one, two and three bedroom units
with varying floor plans. Single family housing (attached and
detached) will at a minimum offer a mix of three and four
bedroom units with varying floor plans.
(f) The development is designed to preserve and enhance existing
natural areas and/or water bodies. Where no such areas exist,
new areas which provide open space and native habitat are
created and incorporated into the project.
(g) The project provides a convenient and extensive
bicycle/pedestrian network, and access to available transit.
(2) It is acknowledged that some of the above referenced
standards may not be entirely applicable to small, infill type residential projects.
For those types of projects, the ultimate density should be based upon the
attainment of those standards which are applicable, as well as the development's
ability to meet or exceed other minimum code requirements.
(3) For vacant property that is proposed for rezoning to RM with
a density suffix, the approving body must made a finding that the proposed
density is appropriate based upon the future land use map designations of
surrounding property as well as the prevailing development pattern of the
surrounding area.
Section 4. That Appendix "An, "Definitions", of the Land
Development Regulations of the Code of Ordinances of the City of Delray
Beach, Florida, be and the same is hereby amended to read as follows:
Appendix A - Definitions
Porch -A covered but unenclosed proiection from the main wall of a buildina that may or
may not use columns or other around supports for structural purposes.
Section 5. 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.
Planning & Zoning Board Memorandum Staff Report
LOR Amendment - RM regulations regarding Southwest Neighborhood Overlay District
Page 14
Section 6. That all ordinances or parts of ordinances in conflict
herewith be, and the same are hereby repealed.
Section 7. That this ordinance shall become effective immediately
upon its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of ,200_.
ATTEST MAYOR
City Clerk
First Reading
Second Reading
----~---
MEMORANDUM
TO: MA YOR AND CI1Y COMMISSIONERS
FROM: CITY MANAGER tfli1
SUBJECT: AGENDA ITEM # \C ß - REGULAR MEETING OF FEBRURY 1.. 2005
ORDINANCE NO. 77-04 (PUBLIC ART PROGRAM)
DATE: JANUARY 28, 2005
This ordinance is before Commission for second reading and public hearing for a City initiated
amendment to the Land Development Regulations (LDR) enacting Article 8.5, "Public Art", to
establish a public art program.
The proposed amendment requires the City to appropriate 1.5% of the total eligible construction
costs to be used for artist design services and for the selection, acquisition, and display of artworks;
and for the administration of the Public Art Program.
This ordinance would establish a Public Art Advisory Board created for the purpose of advising and
making recommendations to the Commission with respect to public art policy and related issues
including, but not limited to, the selection, construction, and placement of public art in/on City right-
of-way and City owned property. The ordinance also amends Appendix A, "Definitions", to provide
defmitions of "Artist" or "Professional Artist", "Artwork", "Works of Art", "Capital Improvement
Project", and "Public Art".
On December 20, 2004, the Planning and Zoning Board held a public hearing regarding this item.
The Board voted 5-0 to recommend to the City Commission approval of the proposed amendment,
by adopting the findings of fact and law contained in the staff report, and fmding that the request is
consistent with the Comprehensive Plan and meets criteria set forth in LDR Section 2.4.5(M)
(Amendment to the Land Development Regulations).
The ordinance was revised on January 18, 2005 to include clarification to the word "infrastructure".
At the first reading on January 18,2005, the City Commission passed the Ordinance No. 77-04.
Recommend approval of Ordinance No. 77-04 on second and final reading.
S:\City Clerk\agenda memos\Ord.77-04 Public Art Program.02.01.05
MEMORANDUM
TO: MA YOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 1JJ!\
SUBJECT: AGENDA ITEM # \ d.-Â - REGULAR MEETING OF JANUARY 18, 2005
ORDINANCE NO. 77-04 (PUBLIC ART PROGRAM)
DATE: JANUARY 14,2005
Regarding the attached Ordinance No. 77-04 establishing a Public Art Program, I have some concerns
about the "Capital Improvement Project" defmition. Specifically, the definition excludes infrastructure
projects, and I do not know what is meant by infrastructure projects. The defmition also excludes projects
funded by enterprise funds. Enterprise funds sometimes fmance buildings, such as ground storage tanks
for our water system or the golf course clubhouse. When enterprise funds fmance buildings, I think such
projects should be included.
Staff will work on these issues before the Commission meeting Tuesday evening, and may have some
amendments to offer at that time.
S:\City Clerk\agenda memos\Ord 77-04 Public Art Program.OU8.0S
ól<
ðY\
I CITY COMMISSION DOCUMENTATION ~
TO: D~~~ !"4ANAGER
FROM: PAUL DORLING, DI TOR OF PLANNING AND ZONING
SUBJECT: MEETING OF JANU Y 18, 2005
CITY-INITIATED LDR AMENDMENT INVOLVING THE ENACTMENT OF
ARTICLE 8.5 ESTABLISHING A "PUBLIC ARTS PROGRAM; BY
ESTABLISHING A PUBLIC ARTS ADVISORY BOARD; AND PROVIDING
GENERAL PROVISION FOR ITS ORGANIZATION AND OPERATION; AND
AMENDING THE DEFINITION SECTION OF THE LDRS."
I BACKGROUND I
The proposed amendment requires the City to appropriate 1.5% of the total eligible construction
costs to be used for artist design services and for the selection, acquisition and display of
artworks, and for the administration of the public arts program. Eligible appropriations include
appropriations for capital improvement projects, eligible bond projects, grant-funded projects,
and other eligible capital projects funded from other sources, but exclude appropriations for
infrastructure improvements.
The ordinance would establish a Public Art Advisory Board created for the purpose of advising
and making recommendations to the City Commission with respect to public art policy and
related issues including, but not limited to, the selection, construction and placement of public
art in/on City right-of-way and City owned property. The ordinance also amends Appendix A,
"Definitions", section of the Land Development Regulations providing definitions of "Artist" or
"Professional Artist", "Artwork", "Works of Art", "Capital Improvement Project", and "Public Art".
The amendment meets the goals, objectives and policies of the Comprehensive Plan including
Future Land Use Element Objective C-3, Future Land Use Element Policy C-3.1, Future Land
Use Element Objective C-4, and Future Land Use Element Policy C-4.2.
I PLANNING AND ZONING BOARD CONSIDERATION I
The Planning and Zoning Board considered the request at their meeting of December 20, 2004
and unanimously recommended approval. The proposed amendment was reviewed by the
CRA on December 9, 2004 and they recommended approval. The DDA also reviewed the
amendment at their December 13, 2004 meeting and recommended approval.
~ RECOMMENDED ACTION I
By motion, approve the proposed amendment to enact a new Article 8.5 establishing a Public
Arts Program, establishing a Public Arts Advisory Board, providing general provisions for the
organization and operation and amending the definition section of the LOR by adopting the
findings of fact and law contained in the staff report and finding that the request is consistent
with the Comprehensive Plan and meets the criteria set forth in LOR Section 2.4.5 (M) (5).
Attachment: Proposed Ordinance
Planning and Zoning Board Staff Report
LDR Amendment -Public Arts Ordinance
Page 4
Therefore, the initiation of a Public Arts Program will further the Goals, Objectives, and
Policies of the Comprehensive Plan in accordance with LDR Section 2.4.5(M)(5).
I REVIEW BY OTHERS I
Community Redevelopment Agency (CRA): The proposed amendment was reviewed
by the CRA on December 9, 2004 and recommended approval of the current ordinance.
Downtown Development Authority (DDA): The proposed amendment was reviewed by
the DDA at its December 13, 2004 meeting and the Board recommended approval.
I ALTERNATIVE ACTIONS I
1. Continue with direction.
2. Recommend approval of the proposed amendment to enact a new Article 8.5
establishing a Public Arts Program, establishing a Public Arts Advisory Board,
providing general provisions for the organization and operation and amending the
definition section of the LDR by adopting the findings of fact and law contained in
the staff report and finding that the request is consistent with the Comprehensive
Plan and meets the criteria set forth in LDR Section 2.4.5 (M) (5).
3. Recommend denial of the proposed amendment to enact a new Article 8.5
establishing a Public Arts Program, establishing a Public Arts Advisory Board,
providing general provisions for the organization and operation and amending the
definition section of the LDR by adopting the findings of fact and law contained in
the staff report and finding that the request is inconsistent with the Comprehensive
Plan and does not meet the criteria set forth in LDR Section 2.4.5 (M) (5).
I RECOMMENDED ACTION I
Recommend approval of the proposed amendment to enact a new Article 8.5
establishing a Public Arts Program, establishing a Public Arts Advisory Board, providing
general provisions for the organization and operation and amending the definition
section of the LDR by adopting the findings of fact and law contained in the staff report
and finding that the request is consistent with the Comprehensive Plan and meets the
criteria set forth in LDR Section 2.4.5 (M) (5).
Attachments
. Proposed Ordinance
s:\planning & zoning\boards\p&z board\ldr amend public arts program.doc
------------ -
MEMORANDUM
TO: MA YOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # \ () c... - REGULAR MEETING FEBRUARY 1. 2005
ORDINANCE NO.4-OS
DATE: JANUARY 28, 2005
This Ordinance is before Commission for second reading and public hearing to amend Chapter 135,
"Abatement of Nuisances", Section 135.10, "Definitions", to comply with the updated Florida Statute
893.138.
At first reading on January 18,2005, the City Commission passed Ordinance No. 4-05.
Recommend approval of Ordinance No. 4-05 on second and final reading.
S:\City Clerk\agenda memos\Ord. 4-05 Nuisance Abatement.02.01.05
--
D¡{
, 4
[IT' DF DELIA' BEA[H
CITY AnORNEY'S OFFICE ')00 \\' A TLA?\TIC A VF:\UE · DELRA Y BEACH. FLORIDA 33444
_ POLICE LEGAL ADVISOR TELEPHO:'\E '561/243-ìH23 · FACSIrvlILE 5611243-ì815
, III J!
1993
POLICE LEGAL ADVISOR
MEMORANDUM
To: David Harden, City Manager
City Commission
tI-
From: Catherine M. Kozol, f
Police Legal Advisor
Date: January 12, 2005
Re: Amendment to Nuisance Abatement Ordinance
-- - - - - -- - ----- - -- - --- --- --- - -- -- - - -- ---- - ----- - --- ---
Attached please find an original and two copies of the Amendment to the
Nuisance Abatement Ordinance, Chapter 135 for placement on the Agenda.
We are amending the ordinance to comply with updated Florida Statute
893.138. The amended ordinance now will allow the City to declare a property a
public nuisance if the premises have been used on more than two occasions
within a six month time period for dealing in stolen property in addition to drug
related nuisances. The fines imposed will also be increased from $5,000.00 to
$15,000.00 to comply with Florida Statute 893.138.
Further, we are clarifying the definition of a controlled substance to comply
with the Florida Statutes and deleting the term operator to avoid confusion and to
comply with Florida Statute 893.138.
If you have any questions, please do not hesitate to call me.
Ath/encs.
cc with Encs.
Chevelle Nubin, City Clerk
Susan Ruby, City Attorney
\~ß
ORDINANCE NO. 4-05
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 135,
"ABATEMENT OF NUISANCES", SECTION 135.10,
"DEFINITIONS", CLARIFYING CERTAIN DEFINITIONS SO
AS TO CONFORM TO F.S. 893.138; AMENDING SECTION
135.40 "CONDUCT OF HEARINGS", CLARIFYING HOW
HEARINGS ARE CONDUCTED; AMENDING SECTION
135.70 "FINES FOR NONCOMPLIANCE WITH ORDERS",
PROVIDING FOR THE TOTAL FINES IMPOSED PURSUANT
TO THE AUTHORITY OF THIS ORDINANCE TO BE
INCREASED TO $15,000.00 TO COINCIDE WITH F.S. 893.198;
TO PROVIDE FOR THE REASONABLE PAYMENT OF
ATTORNEY'S FEES TO THE CITY AND ENACTING A
SECTION CONCERNING AN ACTION AGAINST A
PROPERTY OWNER WITH MULTIPLE TENANTS;
PROVIDING A SA VINGS CLAUSE, A REPEALER CLAUSE
AND AN EFFECTIVE DATE.
WHEREAS, the State of Florida enacted Section 893.138, Fla. Stat. to allow a
local government to establish a nuisance abatement Board to address the issues of prostitution,
the sale of controlled substances on property, dealing in stolen property and criminal street gang
activity within the local government's jurisdiction; and
WHEREAS, the Delray Beach City Commission recognizes the significant efforts
of the citizens of Delray Beach and the Delray Beach Police Department in working together to
control prostitution; the sale of controlled substances, dealing in stolen property and criminal
street gang activity; and
WHEREAS, the City of Delray Beach City Commission finds that in order to
further protect its citizens' health, safety and welfare, the Nuisance Abatement Board must be
empowered with the full range of authority granted to it under Section 893.138, Fla. Stat..
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH AS FOLLOWS:
Section 1. That Chapter 135, "Abatement of Nuisances", of the Code of Ordinances of
the City of Delray Beach, Florida, Section 135.10, "Definitions", be and the same is hereby
amended to read as follows:
1 ORD. NO. 4-05
Section 135.10. DEFINITIONS
For the purpose of this Article, the following definitions shall apply unless the context
clearly indicates or requires a different meaning:
Board. The Nuisance Abatement Board of the City of Delray Beach.
Clerk. The person appointed by the local governing body of the City to perform the
clerical duties necessary to carry out the activities of the Nuisance Abatement Board.
Controlled substance. Includes any substance named or described in Schedules I-V of
Fla. Stat. 893.03 as well as any substance sold in lieu of a controlled substance in violation of
F.S. Section 817.563 or any imitation controlled substance defined in F.S. Section 817.564.
Opcratør. Tenant, lessee or person ha":ing control or possession of the premises.
Public Nuisance. Any place or premises within the City limits of Delray Beach which
has been used on more than hvo (2) occasions, ~lIithin a six month period:
(1) On more than two (2) occasions within a six (6) month period Aªs the
site of the unlawful sale, delivery, manufacture or cultivation of any
controlled substance;
(2) On one occasion as the site of the unlawful possession of a controlled
substance, where such possession constitutes a felony and that has been
previously used on more than one occasion as the site of the unlawful sale,
delivery, manufacture or cultivation of any controlled substance;
(3) On more than two (2) occasions with in a six (6) month period, Aªs
the site of a violation ofF.S. Section 796.07; Øf
(4) .L'\ny place or bailding \:1Sed by a )'{)uth and street gang By a criminal
street gang for the purpose of conducting a pattern of youth and of criminal
street gang activity as defined by F.S.Chapter Section 874.03: or
(5) On more than two (2) occasions within a six (6) month period as the
site of a violation ofF.S. Section 812.019 relating to dealing in stolen
property.
2 ORD. NO. 4-05
Section 2. That Chapter 135, "Abatement of Nuisances", of the Code of Ordinances of
the City of Delray Beach, Florida, Section 135.40, "Conduct of Hearings", be and the same is
hereby amended to read as follows:
Sec. 135.40. CONDUCT OF HEARINGS.
(A) The chairman of the Board may call hearings of the Board. Hearings may
also be called by written notice signed by at least three (3) members of the Board. The
Board, at a hearing, may set a future hearing date. The Board shall attempt to convene no
less frequently than once every month but may meet more or less often as the demand
necessitates. The Board shall adopt rules for the conduct of its hearings. Minutes shall
be kept of all hearings, and all hearings shall be open to the public. The Board shall have
the power to subpoena owners, witnesses, and evidence to hearings. The City shall
provide clerical and administrative personnel as may be reasonably required for the
proper performance of the Board's duties.
(B) The Police Legal Advisor shall present cases before the Board. All parties
shall have an opportunity to present evidence and argument on all issues involved, to
conduct cross-examination, to submit rebuttal evidence, and to be represented by counsel.
When appropriate, the general public may be given an opportunity to present oral or
written communications. The Board may consider any evidence, including evidence of
the general reputation of the place or premises. All testimony shall be under oath and
shall be recorded. Formal rules of evidence shall not apply, but fundamental due process
shall be observed and shall govern the proceedings. Orders of the Board shall be based
on competent and substantial evidence, and any finding that a nuisance exists must be
based on a "preponderance of the evidence" standard.
(C) The concurring votes of at least three (3) Board members is are required in
order to approve any Board order concerning the abatement of a public nuisance except
that the concurring votes of at least four (4) Board members is are required in order to
approve any Board order that involves Board action described in Section 135.40(D)(2) or
(3).
(D) After considering all evidence, the Board may declare the place or
premises to be a public nuisance as defined in Section 135.10 and may enter an order as
follows:
(1) Immediately prohibiting the maintaining of the nuisance;
3 ORD. NO. 4-05
(2) Immediately prohibiting the operating or maintaining of the place
or premises including the closure of the place or premises or any
part thereof;
(3) Immediately prohibiting the conduct, operation or maintenance of
any business or activity on the premises which is conducive to such
nuisance; and/or,
(4) Requiring the owner of such place or premises declared to be a
public nuisance to adopt such procedure as may be appropriate
under the circumstances to abate any such nuisance.
All other orders of the Board shall be by motion approved by a majority of those
members present and voting, except that at least three (3) members of the Board mast be
present in order for the aetion to be offieial. at a meeting of which a quorum is present.
(E) An order entered under subsection (D) shall expire after one (1) year, or at
such earlier time as stated in the order. The Board may retain jurisdiction to modify its
orders prior to the expiration of the orders.
(F) The City Police Department shall assist the Board in carrying out any
legally authorized order rendered pursuant to this Chapter.
(G) An order entered under Subsection (D) may be enforced pursuant to the
procedures contained in F.S. Section 120.69. However this subsection does not subiect
the City or the Board to any other provision of Chapter 120.
fGj an In the event that orders of the Board expire and/or are not complied
with, or are for any reason ineffective, the Board may then bring a complaint under F.S.
Section 60.05, seeking a temporary and pennanent injunction iniunctive relief against any
public nuisance described in City of Delray Beach Code Section 135.10. An order
entered hereunder may be enforced pursuant to the procedures contained in F.S. Section
120.69.
-tHjill A certified copy of a Nuisance Abatement Board order may be recorded
in the public records of the County and shall constitute notice to any subsequent
purchasers, successors in interest or assigns if the violation concerns real property and the
finding therein shall be binding upon the violator and, if the violation concerns real
property, any subsequent purchasers, successors in interest or assigns. If an order is
recorded in the public records of Palm Beach County pursuant to this subsection and the
4 ORD. NO. 4-05
order is complied with by the date specified in the order, the Nuisance Abatement Board
shall issue an order acknowledging compliance that shall be recorded in the public
records. f... hearing before th.e Naisaflce .L^...batØfÐØftt Board is not reqaired to issae a Board
order aclœov¡ledging com.pliance.
ill If the City prevails in prosecuting a case before the Nuisance Abatement
Board, it shall be entitled to recover all costs, including reasonable attorney's fees.
incurred in investigating and prosecuting the case at hearings before the Board or on
appeal.
Section 3. That Chapter 135, "Abatement of Nuisances", of the Code of Ordinances of
the City of Delray Beach, Florida, Section 135.70, "Fines for Noncompliance with Orders", be
and the same is hereby amended to read as follows:
Section 135.70 FINES FOR NONCOMPLIANCE WITH ORDERS.
(A) The Nuisance Abatement Board, upon notification by the City that an
order of the Board has not been complied with by the set time or, upon finding that-a
repeat violation has been committed, of a public nuisance, may order the violator to pay a
fine in an amount specified in this Section for each day the violation continues past the
date set by the Nuisance Abatement Board for compliance or in the case of a ~
violation recurring public nuisance, for each date a repeat TlÏolation recurring public
nuisance continues beginning with the date the repeat violation recurring public nuisance
is found to have occurred by the City. A fine imposed pursuant to this section shall not
exceed two hundred fifty dollars ($250.00) per day for the violation and shall not exceed
five hundred dollars ($500.00) per day for a repeat yiolation recurring public nuisance.
The total fines imposed pursuant to this section shall not exceed fi¥e fifteen thousand
dollars ($5,000.00) ($15.000.00).
(B) A certified copy of an order imposing a fine may be recorded in the public
records and thereafter shall constitute a lien against the property upon which the violation
exists. A lien arising from a fine imposed pursuant to this Section runs in favor of the
City and the City may execute a satisfaction or release of lien entered pursuant to this
Section. The City shall be entitled to collect all costs incurred~ including reasonable
attorney fees, in the recording of~ and the filing of a satisfaction of and foreclosure of a
valid lien. Upon petition to the circuit court, such order may be enforced in the same
manner as a court judgment by the sheriffs of this State, including levy against the
personal property, but shall not be deemed to be a court judgment expect for enforcement
purposes.
5 ORD. NO. 4-05
, .
(C) After three (3) months from the filing of any lien which remains unpaid,
the Nuisance Abatement Board may authorize the City Attorney to foreclose upon the
lien. No lien created pursuant to the provisions of this Chapter may be foreclosed on real
property which is a "homestead" under Article X, Section 4 of the State Constitution.
(D) Where the City seeks to bring a Nuisance Abatement Action based on a
stolen property nuisance. against a property owner operating an establishment where
multiple tenants. on one site. conduct their own retail business. the property owner shall
not be subi ect to a lien against his or her property or the prohibition of operation
provision if the property owner evicts the business declared to be a nuisance within 90
days after notification by registered mail to the property owner of a second stolen
property conviction of the tenant.
Section 4. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part
thereof other than the part declared to be invalid.
Section 5. That all ordinances or parts of ordinances in conflict herewith be and the
same are hereby repealed.
Section 6. That this ordinance shall become effective upon its passage on second and
final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
_ day of , 2005.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
6 ORD. NO. 4-05
--- ----------
~
[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW I '-t AVENLE' DELRAY BEACH. FLORIDA 33444
TLLEPHO\'E: :')6 !í243-70l)O' FACSIMILE: 561/278-4755
DELRAY BEACH Writer's Direct Line: 561/243-7091
~
All-America City MEMORANDUM
, , III! DATE: January 19, 2005
1993 TO: City Commission
2001 David Harden, City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: Fire Code Ordinance
Recently our alarm code ordinance was amended to provide verification of police
alarms only.
Chief Koen and Chief Adams asked that we also amend the fire code section of
the ordinances to expressly state that fire alarms shall not be verified.
Please place this ordinance on the next City Commission agenda.
~
SAR:ci
Attachment
Cc: Chief Kerry Koen, Delray Beach Fire Department
Assistant Fire Chief Bill Adams, Delray Beach Fire Department
\~
ORDINANCE NO. 8-05
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE
SAFETY AND EMERGENCY SERVICES", SECTION 96.16,
"CERTAIN CODES ADOPTED BY REFERENCE", BY ENACTING
A NEW SUBSECTION 96.16(B)(6), TO CLARIFY THAT PRIOR
VERIFICATION OF FIRE ALARMS IS PROHIBITED; PROVIDING,
A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE AND AN
EFFECTIVE DATE.
WHEREAS, the Fire Department desires to amend the fire code to clarify and expressly
state that the recent amendment to Chapter 101, "Fire Alarms" of the Code of Ordinances
precludes verification of fire alarms, especially in light of certain permissive language in NFPA
code sections in Section 7 - 7.1.1; and,
WHEREAS, in furtherance of public safety, it is imperative that the additional language
amending the NFPA shall expressly provide that pre-verification of fire alarms is prohibited.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. That Chapter 96, "Fire Safety and Emergency Services", Section 96.16,
"Certain Codes Adopted by Reference", subsection (B), is amended by enacting a new sub-
section 96.16(B)(6) to read as follows:
(6) Section 7-7.1.1 is amended to include the followina lanauaae:
Remote monitorina locations shall not be permitted to
verify fire alarm sianals prior to reportina them to the Fire-
Rescue department.
Section 2. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, clause 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 hereof
other than the part declared invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4. That this ordinance shall become effective upon its passage on second and
final reading.
~
PASSED AND ADOPTED in regular session on second and final reading on this the
day of , 2005.
ATTEST:
City Clerk MAYOR
First Reading
Second Reading
2 ORD NO. 8-05
~- --