04-19-05 Agenda Reg
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City of Delray Beach ~
Regular Commission Meeting
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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, April 19. 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. ." , " , ,
Commission Chambers A. PublIc Heanngs: Any CItizen IS entItled to speak on Items under thIS
Delray Beach City Hall section.
B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen
is entitled to be heard concerning any matter within the scope of
jurisdiction of the Commission under this section, The Commission may
withhold comment or direct the City Manager to take action on requests or
comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the Commission,
citizens may speak on any official agenda item under these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals
wishing to address public hearing or non-agendaed items should sign in on the
sheet located on the right side of the dais. If you are not able to do so prior to the
start of the meeting, you may still address the Commission on an appropriate item,
The primary purpose of the sign-in sheet is to assist staff with record keeping.
Therefore, when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to
the podium and state your name and address for the record, All comments must
be addressed to the Commission as a body and not to individuals. Any person
making impertinent or slanderous remarks or who becomes boisterous while
addressing the Commission shall be barred by the presiding officer from speaking
further, unless permission to continue or again address the Commission is granted
by a majority vote of the Commission members present.
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
Dekay 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 acnvi~ conducted by ,the City, Contact, Doug Randolph at 243-
Fax: (561) 243-3774 7127,24 hours pnor t~ th~ event ~ order for ~e CIty to acco~oda~e your
request. Adapnve listerung deVIces are available for meenngs ill the
Commission Chambers,
1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL.
5. APPROVAL OF MINUTES:
. March 31, 2005 - Organizational Meeting
. April 5, 2005 - Regular Meeting
. April 12, 2005 - Special Meeting
6. PROCLAMATIONS:
A. Recognizing Uriel Neto, Assistant State Attorney
B. Nurses Day, May 6, 2005
C. Civility Month - May 2005
7. PRESENTATIONS:
A. "Spotlight on Education" - Frank Little, Director Delray Vocational Charter School
B, City of Delray Beach Residents' Academy Certificates - Janet Meeks
8. CONSENT AGENDA: City Manager Recommends Approval.
A. FINAL SUBDMSION PLAT APPROVAL/HERITAGE CLUB REPLAT:
Approve the subdivision plat for Heritage Club Replat, a 57 lot, fee-simple, townhouse
development, located on the south side of S.E. 10th Street, approximately 330' west of
southbound Federal Highway.
B. FINAL SUBDIVISION PLAT APPROVAL/TROPIC ISLES TOWNHOMES
PLAT: Approve the subdivision plat for Tropic Isles Townhomes, an 8 lot, fee-simple,
townhouse development, located on the northwest comer of Frederick Boulevard and
Avenue H.
C. FINAL SUBDMSION PLAT APPROVAL/FIFTH AVENUE ESTATES
PLAT: Approve the minor, two (2) lot subdivision plat for Fifth Avenue Estates Plat,
located on the west side ofN.W, 5th Avenue, 223 feet south ofN.W. 12th Street.
D. ACCEPTANCE OF EASEMENT /FLORIDA POWER & LIGHT COMPANY:
Approve and accept a utility easement within the Florida Power & Light property to be
used for the construction and maintenance of the Area One Reclaimed Water
Transmission Main, located south of Lake Ida Road, immediately west of the CSX
railroad.
04-19-2005
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E. INTERLOCAL AGREEMENT /PALM BEACH COUNTY /SWINTON
A VENUE IMPROVEMENTS: Approve an Interlocal Agreement with Palm Beach
County for reimbursement funding in an amount not to exceed $45,000.00 for the
Swinton A venue Street Improvements Project.
F. AGREEMENT /NEW URBAN COMMUNITIES: Approve an agreement with
New Urban Communities (developer of the Atlantic Grove Project) which provides
that the City will pay the developer 50% of the cost, up to $10,000.00, for asphalt
overlay work performed on N.W. 4th Avenue between Atlantic Avenue and N.W. 1st
Street, Funding 1S available from 334-3162-541-61.17 (General Construction
Fund/Street Reconstruction).
G. LOCAL AGENCY PROGRAM AGREEMENT (LAP) /FLORIDA
DEPARTMENT OF TRANSPORATION (FDOT): Approve a Local Agency
Program Agreement with the Florida Department of Transportation (FDOT) for
funding in the amount of $500,000.00 for construction costs for the West Atlantic
Avenue (10th Avenue to 6th Avenue) Beautification Project.
H. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Approve
and endorse the Art & Jazz on the Avenue scheduled for June 30, 2005 from 6:00 p.m.
to 10:00 p.m., granting a temporary use permit per LDR Section 2.4.6(H) for the closure
of Atlantic Avenue from Swinton to N.E. 7th Avenue, the south side of Atlantic
Avenue (one lane) from N.E. 7th Avenue to just past the Blue Anchor Pub, Railroad
Drive from Atlantic Avenue to N.E. 1st Street, N.E, 2nd Avenue from Adantic Avenue
to N.E. 1st Street (street closure will be from 3:00 p.m. to approximately midnight), and
authorize staff support for security and traffic control, banner hanging and removal,
barricade set-up/removal, trash removal and clean up assistance.
I. TRANSPORTATION ENHANCEMENT APPLICATION: Authorize staff to
submit applications for the Year 2005 Transportation Enhancement Application Cycle
for FY 2010-2011 funding.
J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
April 4, 2005 through April 15, 2005.
K. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Jani King Commercial Cleaning Services in the annual
amount of $36,600.00 for janitorial services for the Dekay Beach Golf Course.
Funding is available from 445-4711-572-34.90 (Dekay Beach Municipal Golf
Course Fund/Other Contractual Services).
2. Contract award to Randolph & Dewdney Construction in the amount of
$435,185.00 for the construction of the Fire Apparatus Maintenance Building.
Funding 1S available from 334-6111-519-62,10 (General Construction
Fund/Buildings).
04-19-2005
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L. COMMUNITY OLYMPIC DEVELOPMENT PROGRAM/TENNIS
CENTER: Approve a Community Olympic Development Program at the Tennis
Center to provide a Youth Tennis Program.
9. REGULAR AGENDA:
A. RESOLUTION NO. 23-05: Consider approval of Resolution No. 23-05 approving
an lnterlocal Agreement between Palm Beach County and the City providing for the
annexation of seven (1) enclaves containing forty-nine (49) parcels plus the respective
rights-of-way for Jefferson Road, Lincoln Road, and Whatley Road within Country Club
Acres, located on the east side of Military Trail, 160 feet south of Atlantic Avenue.
B, AMENDED INTERLOCAL AGREEMENT /COMMUNITY
REDEVELOPMENT AGENCY: Consider approval of an Amended lnterlocal
Agreement between the City and the Community Redevelopment Agency (CRA) for
engineering, landscape design, and construction administration services to improve the
coordination of projects identified in the Downtown Master Plan, CRA Plan, and
Southwest Neighborhood Plan.
e. R.A.C.E. RELATIONS INITIATIVES/RECOMMENDATIONS: Consider
approval of the Preliminary Execution of Recommendation Phase proposed for the
implementation of specific actions under the R.A.e.E. initiative and authorize the
proposed budget allocation in the amount of $90,000.00 for fiscal year 2005/06.
D. INTERLOCAL AGREEMENT /PALM BEACH COUNTY /THOROUGH
FARE PLAN: Consider approval of an lnterlocal Agreement with Palm Beach County
to provide 120 days notice if the County or any mumcipality desires to reduce the
capacity on the roadway from the County's Thoroughfare Plan.
E. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1)
alternate member to the Board of Adjustment for an unexpired term ending August 31,
2005. Based upon the rotation system, the appointment will be made by Commissioner
Levinson (Seat #3).
F. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL:
Appoint one (1) At Large Representative to the Neighborhood Advisory Council for an
unexpired term ending October 31, 2005. Based upon the rotation system, the
appointment will be made by Mayor Perlman (Seat #5).
G. APPOINTMENTS TO THE EDUCATION BOARD: Appoint two (2) regular
members to the Education Board for unexpired terms ending July 31, 2005 and July 31,
2006. Based upon the rotation system, the appointments will be made by
Commissioner Levinson (Seat #3) and Commissioner McCarthy (Seat #4).
04-19-2005
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10. PUBLIC HEARINGS:
A. ORDINANCE NO. 15-05: Voluntary annexation via the provisions of the executed
Water Service Agreements for thirty-one (31) parcels of land within Country Club
Acres, located on the east side of Military Trail, south of West Atlantic Avenue.
B. ORDINANCE NO. 14-05: Voluntary annexation of fifteen (15) parcels of land
within Country Club Acres, located on the east side of Military Trail, south of West
Atlantic Avenue.
C. ORDINANCE NO. 22-05 (SECOND READING/SECOND PUBLIC
HEARING): CIty irutiated amendment to Land Development Regulations (LDR)
4.3.3(V) (2) "Uses Involving Alcoholic Beverages" , by establishing subsection
4.3.3(V)(2)(c) to provide a method of determining eligibility for a Stand Alone Bar.
D. ORDINANCE NO. 23-05: Privately initiated amendment to Land Development
Regulations (LDR) Section 4.4.11, "Neighborhood Commercial (NC)", increasing the
floor area limitation for banks and financial institutions.
E. ORDINANCE NO. 25-05 (FIRST READING/FIRST PUBLIC HEARING):
City initiated amendment to Land Development Regulations Section 2.4.4(E),
"Expiration of Approvals", to specify that extensions of time granted pursuant to
Section 2.4.4(F)(4) shall not be deemed a previous extension. If passed, a second public
hearing will be scheduled for May 3, 2005.
F. ORDINANCE NO. 20-05: City initiated amendment to Land Development
Regulations (LDR) Section 4.4.6, "Medium Density Residential (RM) District",
modifying the development standards in conjunction with the implementation of the
Southwest Area Neighborhood Redevelopment Plan.
G. ORDINANCE NO. 13-05: City initiated corrective Future Land Use Map
Amendment (pLUM) from CF (Community Facilities) and LD (Low Density
Residential 0-5 dwelling units per acre) in part, to LD (Low Density Residential 0-5
dwelling units per acre) and rezoning from CF (Community Facilities) to R-l-AA
(Single Family Residential) for properties generally located on the west side of S.E. 7th
Avenue, approximately 145 feet south ofS.E. 2nd Street.
H. ORDINANCE NO. 24-05: City initiated amendment to Land Development
Regulations (LDR) Section 4.5.1 (C)(5), "Designation Procedures", concerning the
freeze period on the issuance of permits during the Historic District designation
process.
I. ORDINANCE NO. 21-05: An ordinance amending Chapter 99, "Noise Control", of
the City Code of Ordinances to provide an updated noise control ordinance referencing
current zoning districts.
04-19-2005
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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. 26-05: An ordinance designating The Hartman House, located at
302 N.E. 7th Avenue, to the Local Register of Historic Places. If passed, a public
hearing will be scheduled for May 3, 2005,
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: APRIL 15, 2005
04-19-2005
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MARCH 31, 2005
DELRAY BEACH CITY COMMISSION
ANNUAL ORGANIZATIONAL MEETING
(1) Call to Order/Roll Call.
The annual organizational 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. on Thursday, March 31, 2005.
Roll call showed:
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 Ruby, City Attorney
Chevelle D. Nubin, City Clerk
Mayor Perlman stated he would like to observe a moment of silence for Marie Woods who
passed away and was the mother of a Delray Beach Police Lieutenant.
(2) The Pledge of Allegiance to the Flag was given.
At this point, Commissioner Costin gave his outgoing comments which are attached hereto
and made an official part of the minutes.
(3) Oath of Office administered to Newly-Elected City Commission Members
The City Clerk administered the Oath of Office to Commissioner Rita Ellis (Seat #1),
Commissioner Jon Levinson (Seat #3) and Mayor Jeff Perlman (Seat #5).
(4) Roll Call Newly Sworn-In Commission.
The City Clerk called the roll of the Commission after newly-elected City Commission
Members were sworn in.
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Roll call showed:
Commissioner Patricia Archer
Commissioner Rita Ellis
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Mayor Jeff Perlman
Absent: None
(5) Selection of Vice-Mayor (for the term April 1, 2005 through March 30, 2006).
Commissioner Ellis moved to appoint Commissioner Levinson as Vice-Mayor of the City of
Delray Beach for the tenn April 1, 2005 through March 30, 2006, seconded by
Commissioner Archer. Upon roll call the Commission voted as follows: Commissioner
Ellis - Yes; Commissioner Archer - Yes; Commissioner Levinson - Yes; Commissioner
McCarthy - Yes; Mayor Perlman - Yes, Sald motion passed with a 5 to 0 vote.
(6) Selection of Deputy Vice-Mayor (for the term April 1, 2005 through March 30, 2006).
Commissioner Levinson moved to appoint Commissioner Ellis as Deputy Vice-Mayor of
the City of Delray Beach for the tenn April 1, 2005 through March 30, 2006, seconded by
Commissioner McCarthy. Upon roll call, the Commission voted as follows: Commissioner
Archer - Yes; Commissioner Levinson - Yes; Commissioner McCarthy - Yes; Mayor
Perlman - Yes; Commissioner Ellis - Yes. Said motion passed with a 5 to 0 vote.
(7) Review and Acceptance of regularly scheduled City Commission Meeting dates for
the period April 2005 through March 2006.
Commissioner Levinson commented that October 4, 2005 was problematic because that is
Rosh Hashanah. It was the consensus of the Commission to shift all October meeting dates
down one week to October 11, 18, and 25, 2005.
Commissioner Archer inquired about Palm Beach County Days in Tallahassee. It was the
consensus of the Commission to change the March 7, 2005 Regular Meeting to Monday,
March 6, 2005 in order for the Commission to attend Palm Beach County Days.
Commissioner Levinson moved to approve the amended meeting dates, seconded by
Commissioner Archer. Upon roll call the Commission voted as follows: Commissioner
Levinson - Yes; Commissioner McCarthy - Yes; Mayor Perlman - Yes; Commissioner Ellis
- Yes; Commissioner Archer - Yes. Said motion passed with a 5 to 0 vote.
2 Annual Organizational Meeting
March 31, 2005
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(8) Establish a date for the 2006 Goal Setting Session.
It was the consensus of the Commission to set the first week of April 2006 as the date the
Commission will meet with Lyle Sumek for the 2006 Goal Setting. Staff will set up the date.
(9) Review and Adoption of Rules of Procedure - Delray Beach City Commission (Local
Rules).
Commissioner Archer motioned to accept the Rules of Procedure (Local Rules), seconded
by Commissioner McCarthy. Upon roll call, the Commission voted as follows:
Commissioner McCarthy - Yes; Mayor Perlman - Yes; Commissioner Ellis - Yes;
Commissioner Archer - Yes; Commissioner Levinson - Yes. Said motion passed with a 5 to
o vote.
(10) Review and Adoption of Procedures for Quasi-Judicial Hearings.
Commissioner Archer moved to adopt the Procedures for Quasi Judicial Hearings, seconded
by Commissioner Levinson. Upon roll call the Commission voted as follows: Mayor
Perlman - Yes; Commissioner Ellis - Yes; Commissioner Archer - Yes; Commissioner
Levinson - Yes; Commissioner McCarthy - Yes. Said motion passed with a 5 to 0 vote.
(11) Review of City Commission Liaison Appointments to various Advisory Boards and
outside agencies.
Commission reviewed the assigned liaisons from Boards and Outside Agencies and amended
the liaison appointments (a copy of the amended assignments is attached as part of the
minutes).
Commissioner Archer moved to approve the Commission Liaison appointments as listed
with Commissioner Ellis assuming Commissioner Costin's assignments, seconded by
Commissioner Levinson. Upon roll call the Commission voted as follows: Commissioner
Ellis - Yes; Commissioner Archer - Yes; Commissioner Levinson - Yes; Commissioner
McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote.
(12) Commission Comments.
Commissioner Archer stated she enjoyed working with Commissioner Costin who was a
breath of fresh air. She stated she hopes he will enjoy his retirement and she will miss him,
Mrs. Archer congratulated Commissioner Ellis and stated she wishes her luck. She stated
every time someone new joins the Commission it changes the tone. Commissioner Archer
commented that she is beginning her seventh year as Commissioner and it will be an exciting
time having Commissioner Ellis here and she is looking forward to working with her.
3 Annual Organizational Meeting
March 31,2005
She congratulated Commissioner Levinson, Commissioner McCarthy, and Mayor Perlman as
well.
Commissioner McCarthy stated it has been an interesting two years working with
Commissioner Costin who has been marvelous and a staple on the Commission. She stated
she will miss bun and thanked him for all he had done for the City in the last two years. In
addition, she congratulated Commissioner Ellis and wished her luck on this new endeavor
and future endeavors. She stated it will be an exciting time and she is looking forward to
Commissioner Ellis sharing her wisdom. CommissIoner McCarthy also congratulated
Commissioner Levinson and Mayor Perlman. She stated she attended the grand opening for
the Florida Women's Business Center.
Commissioner Levinson stated it has truly been a pleasure both serving and becoming even
better friends with Commissioner Costin. He congratulated Commissioner Ellis and stated
he is looking forward to working with her. He acknowledged the Residents' Academy and
thanked them for participating and encouraged them to get more involved with the City. In
addition, he thanked the community for all of their overwhelming support and stated it was
incredible. He stated he is interested in continuing to work on the big issues in Delray.
Commissioner Levinson urged that it is critical that the Commission gets a few other key
components of the Community put in place. He stated the Mayor has done an outstanding
job and he looks forward to the next year and working on a variety of issues with
Commissioner Archer and Commissioner McCarthy.
Commissioner Ellis stated she is excited to be here today and the support she has received
from the Commission and community through the years has culminated in her being elected
Commissioner. She stated she does realize her life is changing and it will be a challenge.
However, she has wonderful people to work with and a wonderfully supportive family. She
stated she is looking forward to things the Commission will do in the future and the City has
goals she believes in. Commissioner Ellis commented that she was part of the process in
establishing the goals through visioning, Charettes, and processes the City went through to
make the public inclusive and set the goals. Therefore, they are her goals as well. She stated
she looks forward to the Commission's future sessions to add to those goals and make them
more solid as well, She stated she pledges to give the city 100% and her very best effort.
Mayor Perlman stated he would like to welcome the Residents' Academy and he would like
to speak with them before their graduation. He commended them for their commitment
they are making to learn more about the city. He also acknowledged his family members
who were present and stated without family support it would be difficult to do what he does.
He stated the Annual Organizational Meeting is an ideal time to reflect on the past and look
ahead to the future. He stated this particular meeting marks the start of his final term as an
elected official of Delray Beach, the end of Bob Costin's service as a City Commissioner and
the beginning of a new era represented by the newest Commissioner, Rita Ellis.
4 Annual Organizational Meeting
March 31,2005
This meeting also marks the official one year countdown for Commissioners Alberta
McCarthy and Pat Archer who have served alongside for five very productive years. He
stated 2005 is the beginning of a major transition in Delray Beach. Mayor Perlman stated
that as he reflects on his five years in office he is very proud of the initiatives that he has
been privileged to be a part of and the team that has been put together on the dais and in the
building. He stated that one of the lessons he has learned is that you cannot succeed at any
endeavor without a good team alongside you. We have been privileged in Delray to have
had a great team for many years now. Our City staff is among the best you can ever hope to
find. He stated he believes in these men and women. (Mayor Perlman's comments is
attached hereto and made an official part of the minutes).
There being no further business, the meeting was adjourned at 6:45 p,m.
City Clerk
ArrEST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the minutes of the Annual Organizational Meeting of the City Commission held
on March 31, 2005, which minutes were formally approved and adopted by the City Commission on
April 19, 2005.
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 official only
after review and approval by the City Commission which may involve amendments, additions or
deletions to the minutes as set forth above.
5 Annual Organizational Meeting
March 31, 2005
.
,
March 31, 2005
It is with regret and sorrow that I leave the commission. I have
enjoyed my short 2 years on the commission and considered it an
honor serving the needs of the community.
I feel very strongly that we are headed in the right direction, and
am proud to have been a part of the exciting progress that is
taking place in Downtown Delray, as well as other significant
achievements in our community such as the ongoing development
of the SW Plan, Old School Square, our new Downtown and
Residential Design Guidelines, our Parks and Recreation Master
Plan, and our Workforce Housing Plan to name but a few.
To my fellow colleagues, my profound THANKS and
Appreciation for working together to make this body a compatible
commission whose sole intent and interest was to make the right
decision for what was best for the community as a whole.
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To the Mayor I say THANK YOU for the direction you have
given this commission and the City, with particular consideration
to our present needs. In my humble opinion you represent Delray
with great dignity and compassion.
I would be remiss if I did not express my thanks to the entire
management staff. The courtesy and cooperation extended to me
was excellent and I always was left with the impression and
feeling that "WE CAN DO THIS" and "WE'LL GET IT DONE."
I also must extend my thanks and gratitude to the City Clerk,
Chevelle and also the administrative staff, Gerri, Delores and
Tracey, for all their courtesies and efforts in my behalf, and
always being at the "READY" to lend a hand in any way that
would be of assistance. Further, a very special THANK YOU to
Susan Ruby our City Attorney and her staff, and Bob Barcinski
our Assistant City Manager for all their superb Efforts in behalf
of the City and for assisting me with any special concerns.
I would like to also recognize and express my thanks and
appreciation to Mr. Harden, the City Manager who has always
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been responsive and attentive to my needs and inquiries. In my
opinion, Mr. Harden performs admirably for our City.
Lastly, I wish the commission GODSPEED in addressing the
many opportunities, responsibilities and challenges that lie ahead.
I leave the Commission knowing that it's in good hands. I also
congratulate and extend my best wishes to RIT A ELLIS for a
most successful term.
THANK YOU.
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MEMORANDUM
TO: Mayor and City Commissioners
FROM: Chevelle D. Nubin, City Clerk
SUBJECT: CITY COMMISSION LIAISON ASSIGNMENTS
DATE: April 1, 2005
Below is the list of City Commission Liaison assignments as amended at the annual Organizational Meeting,
March 31, 2005.
BOARD LIAISON
Community Redevelopment Agency Commissioner Levinson
Primary Member
Commissioner Archer
Alternate Member
Dekay Beach Arts Council, Inc. Commissioner Archer
Dekay Beach Public Schools
City Commissioners adopt a Delray Beach Public School and sit on that School's Advisory
Committee. The Schools are:
Banyan Creek Elementary School Mayor Perlman
Spady Elementary School Commissioner Ellis
Plwnosa Elementary School Commissioner Ellis
Pine Grove Elementary School Mayor Perlman
Orchard View Elementary School Commissioner McCarthy
Village Academy Commissioner McCarthy
Carver Middle School Commissioner Archer
Atlantic High School Commissioner Levinson
Downtown Development Authority Commissioner Ellis
2nd Monday at 12:00 Noon
Chamber of Commerce
Education Board Mayor Perlman
15t Monday at 5:30 p,m. Primary Member
First Floor Conference Room, City Hall Commissioner Archer
Alternate Member
General Employees Retirement Tom Lynch to continue
Committee as Commission appointee
Meets as needed
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Page 2
Joint Venture Commissioner Ellis
2nd Thursday at 8:00 a.m.
Chamber of Commerce
Parking Management Advisory Board Commissioner Archer
4th Tuesday at 5:30 p.m.
First Floor Conference Room, City Hall
Police & Fire Board of Trustees Mayor Perlman
3rd Wednesday from 2-4 p.m. in (The Mayor is a sitting member
Training Room at Fire HQ or Section 33.65 of the City Code)
Police Chiefs Conference Room
Sister Cities Committee Commissioner Archer
1st Thursday at 4:00 p.m.
First Floor Conference Room, City Hall
OUTSIDE AGENCY APPOINTMENTS
Palm Beach County League of Cities. Inc. David T. Harden, City Manager
Governmental Center Board of Directors; Transportation/
301 North Olive Avenue Legislative Sub-Committee Chair
West Palm Beach 33402 Commissioner Jon Levinson
Contact: James Titcomb, Exec. Director Alternate Member
(561) 355-4484
The Palm Beach County League of Cities, Inc. was chartered in 1969 as a non-profit corporation.
The purpose of the Palm Beach County League of Cities is to promote and advance the collective
interest of the municipalities of Palm Beach County; to study municipal issues and seek desired
results through cooperative efforts; to respect the principles of Home Rule; and to encourage and
enhance the quality of life of citizens of Palm Beach County.
The General Membership meets once per month (normally the 4th Wednesday) at 10:30 a.m. at
different host cities around the county. The Board of Directors meets once per month (normally
the 2nd Wednesday) at 10:00 a.m., 12th Floor Conference Room at the Governmental Center in West
Palm Beach.
Florida League of Cities. Inc. David T. Harden, City Manager
301 S. Bronough Street, Suite 300 (32301) Transportation & Urban Administration
Post Office Box 1757 Policy Committee Member
Tallahassee, Florida 32302-1757 Mayor Perlman
Contact: Scott Dudley, Sr. Legislative Advocate Criminal Justice Policy Committee
(850) 222-9684 Member
Approved liaison Assignments 3-31-05
Page 3
Metropolitan Planning Organization Commissioner Archer
Of Palm Beach County Primary Member
160 Australian Avenue, Suite 201
P. O. Box 21229 Commissioner Ellis
West Palm Beach 33416 Alternate Member
Contact: Randy M. Whitfield, P.E. Director
(561) 684-4170
or Paul Dorling (City staff)
(561) 243-7040
The Metropolitan Planning Organization of Palm Beach County was created pursuant to Chapter
339.175 of the Florida Statutes. Their objectives are to encourage and promote the safe and
efficient management, operation and development of surface transportation systems that will serve
the mobility needs of people and freight within the trough urbanized areas of Palm Beach County
while minimizing transportation related fuel consumption and air pollution. The MPO is charged
with the development of short-range (5 year) and long-range (20 year) transportation plans and
programs.
MPO Board (elected officials) meets on the 3rd Thursday of the month at 9:00 a.m., 12th floor
Conference room at the Governmental Center. Technical Advisory Committee (fAC, staff
subcommittee) meets on the 1st Wednesday of the month at 9:00 a.m. at 160 Australian Avenue in
the 5th floor Conference Room.
Liaison to State Representatives
Anne Gannon, District 86 Mayor Perlman
Adam Hasner, District 87 Mayor Perlman
Liaison to State Senators
Jeffery Atwater, District 25 Commissioner Ellis
M. "Mandy" Dawson, District 29 Commissioner McCarthy
Ron Klein, District 30 Mayor Perlman
Liaison to United States Representatives
E.Clay Shaw, Jr., District 22 Mayor Perlman
Robert Wexler, District 19 Commissioner Levinson
Alcee L. Hastings, District 23 Commissioner McCarthy
Intergovernmental Coordination Issues Commissioner Levinson
Forum Primary Member
Lantana Council Chambers
500 Greynolds Circle
Lantana, 33405
Contact: Ana Yeskey Mayor Perlman
9835-16 Lake Worth Road, Suite 223 Alternate Member
Lake Worth 33467 Paul Dorling
(561) 434-2575 City Staff Member
Approved Latson Asstgnments 3-31-05
Page 4
The Intergovernmental Coordination Issues Forum reviews and makes recommendations on issues
of multi-jurisdictional significance, such as school concurrency, county wide fire rescue services, and
countywide library services. The intent is to have municipalities work together on issues of
countywide concern or impact and to assist in the resolution of any disputes which may arise
between local governments. The Issues Forum meets on a quarterly basis. The meetings are
scheduled for March 31, 2005; June 30, 2005; and September 29, 2005.
The Executive Committee meets at 9:00 a.m., Issues Forum at 10:30 a.m. and IPARC at 1:00 p.m. in
the Lantana Council Chambers.
S/ilgenda 200;1 Approved Ualson AsSJgllments Amended
Approved Liaison Assignments 3-31-05
2005/04/04 - From the Mayor's Desk I The City of Delray Beach Page 1 of4
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· Emergency Notification
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· Utility Payments Thoughts On Being Sworn In
· Utility Rates Last week, the City Commission held its annual organizational meeting in which we adopt
More... next year and swear in our new and returning members. A large crowd of friends and fam
ceremony which welcomed newly elected Commissioner Rita Ellis and the recently re-ele(
Events Levinson, who was selected vice mayor by his peers.
· USA vs Belgium Fed Cup I enjoy the ceremonial swearing in,. It is always a positive experience, and you can literall
Quarter Finals. Tennis support of the community in the room. It is a tremendous feeling and I think we all appreci.
Center Stadium. Apr. 23- I am glad that our newest class in the Resident's Academy was there to witness the pomp
24 circumstance. It is a special night. These kind of rituals are important. After all, serving yo
· You Are Not Alone' a big deal. And I think we all feel the tremendous responsibility that goes with the job.
Community Center. Apr. We joke amongst ourselves that the positive feelings of the swearing in ceremony are qui(
28, 6:00 pm - 8:00 pm the "swearing at" reality of being an elected official. We all know that stress is part of the J
More... what makes local elected leadership challenging and ultimately rewarding.
News I wanted to share the comments that I made last week after being sworn in for the very las
· RAC.E. Report I hope you enjoy, what I said was from the heart.
Released
· Delray Beach Gateway "The annual organizational meeting is an ideal time to reflect on the past and look ahead t,
This particular organizational meeting has added meaning for me, since it marks the start I
. 2005 Delray Beach as an elected official in Delray Beach. It also marks the end of Bob Costin's service as a C
Annual Report Commissioner and the beginning of a new era represented by our newest Commissioner,
Rita Ellis. This meeting also marks the official one year countdown for two others that I he
. Delray Delivers. For alongside for five very productive years, Commissioners Alberta McCarthy and Pat Archer
Servicemen and Women
Overseas, Delray Beach 2005 is indeed the beginning of a major transition in Delray Beach. As I reflect on my five
am very proud of the initiatives that I have been privileged to be a part of and prouder still
Extends a Hand we have put together on this dais and In this building. One of the lessons I have learned, if
. E-Mail Subscriptions: cannot succeed in any endeavor without a good team alongside you, and we have been p
Delray Beach to have had a great team for many years now.
Join Now
. Road Closures and Our city staff is among the best you'll ever find. I believe in these men and women, I have
Construction Updates dedication, I know their character, and I have witnessed their efforts. They care about this
is not just a job for them, it is a calling. And that IS why they consistently rise to any challer
More... anybody else throw at them. And we have sure thrown some challenges their way.
1:.~ ~I~
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2005/04/04 - From the Mayor's Desk I The City ofDelray Beach Page 2 of4
The City Commission, that we are currently stewards of, has been terrific for many years.
student of our elected officials since I discovered Delray Beach almost 20 years ago. I hav
other elected bodies across our state and across our country and I can honestly say that tl
women who have served this city over the past 20 years are among the best you could ev,
We too care.deeply.. about every aspect of this community. Each of us has brought a diffe
experiences to the job, but we all have served with honesty, integrity and always with the t
Delray at heart. If I have learned anything in my 20 years as government reporter and no,^,
it is this: cities cannot succeed without governing bodies that work well together, that work
and that work well with the communities they serve.
Some have criticized this and past commission's for getting along too well..they should onl
have had our differences..but they have never, ever colored our decisions and they have r
the way of doing what we think is best for the city that we all love. Now, people can and de
some of the decisions we have made: People have challenged our honesty, our integrity, I
our allegiances. And that's OK. It is part and parcel of our jobs and it is an essential part 01
However, I will continue to contend - with every fiber of my being-that our decisions-albe
controversial.are always done with the best of intentions for the long term good of this COlT
a nutshell, that is our job. Unlike other elected officials who vote hundreds and sometimes
miles away, we have to look our neighbors in the eye and vote our consciences, even whe
sometimes that will upset our neighbors. And unlike other levels of government, we canna
vote.we see our constituents each and every day at the grocery, at our children's schools.
streets of our community. Thafs what makes local government service, different and spec
Which brings me to Bob Costin; I have bittersweet feelings about saying goodbye to Bob.
decision and I wish he and Sonya the best of health and happiness now that Bob will be ft
will miss Bob. A lot.
He has been a friend to me and Diane and our family. He has been a wonderful commissil
major asset to this city for decades. His experience, his wisdom, his demeanor, his humor
decency and his feel for people and his common sense was a terrific addition to this com"
miss him dearly. But I know that our friendship doesn't end and just like the other alumni....
here with us and before us, Bob will always be there for advice, counsel, a pat on the bacJo
occasional kick in the butt if we need it. Bob it has been an incredible honor. But with the t
sweet, and I am thrilled to be serving alongside my friend Rita Ellis. Rita embodies everytt
talked about in terms of what we have had on this commission and what we will need to kE
strong into the future. Rita has earned this. She has earned this through 30 years of invo
Delray Beach. She has earned this through decades worth of achievement on boards, con
forces and organizations. I have had the privilege to work alongside her on many endeavo
come to realize that she is an extraordinary talent and an amazing person. She epitomize~
about and what it is not: It is not to be used as a steppingstone to bigger political pastures
position for a single issue candidate or someone who does not know this community. It is;
you end up after you have served this community and after this community has seen what
and what you can do. Delray Beach knows what Rita is about, just like it knows what Bob '
Archer and Jon Levinson and Alberta McCarthy are about. we know what Rita can do. An(
forward to having her talents, her knowledge, her smarts and her class on this commissior
they call in sports, "a sure thing" and Delray should be proud to have recognized her talen
her here, where she belongs.
I mentioned before, that I was proud of this city and what this commission has been able b
first under the capable leadership of my predecessor David Schmidt and for the past two }
mayor.
We have not shied away from the big issues, we have worked well with the community ani
residents we have earned a record of achievement to be proud of. All you have to do is 10
see what has been accomplished.
Our downtown is as good as any in the country and we have played a role in its strength b
Downtown Master plan, design guidelines and smart growth principles that will ensure its (
success. We have seen the long awaited redevelopment of our gateway, West Atlantic Av
beautification and new businesses, a new library and new residents putting down roots in ,
not seen new investment for decades. We are restoring the West Settlers District and rebl
Avenue. We have a plan for the redevelopment of our long neglected southwest, we are te
needs of the residents of Carver Square and we are about to see the beginnings of a new
low-income housing with the redevelopment of Carver Estates. We have seen the Village.
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2005/04/04 - From the Mayor's Desk I The City of Delray Beach Page 3 of4
grades and improve its performance and many of us have been there advocating for progr
of our time and resources to help that important school and all other schools in Delray Bee
There is no other city that has come close to our commitment to education. In the next twl
be seeing new parks spring forth, and older parks improved as a result of our Parks Bond.
have confidence in this city's leadership and our voters know that great communities inves
themselves. Our belief in strong neighborhoods has led to improvements in Sudan, Delra'
Seacrest, Del Ida, Rainberry Woods and now Chatelaine. We have formed a Neighborhoo
Council and we have reached out to our residents with free classes, resident academies, j
summits and a stronger focus on communication than we have ever had. We can look pro
comer of this city and say that we have done something to make every part of Delray a Iitt
We have done this work with our neighbors, the people we represent and they have suppc
appreciated our efforts. We have worked with our non-profits, we have worked to strengthl
innovative non-profit academy. We have worked with our neighborhood associations, our:
our sororities, our churches, our schools, our kids and our businesses.
No, Delray Beach is not a perfect city. But it is an All America City, because we understan,
problems are and we try to address them as best we can. Do we sometimes fall short? Ye
often fall short. The rising tide has not lifted all boats in Delray. And truth be told, I'm not Sl
possible to lift all boats. But I do know that it is important that we try. We have reached ou
and Individually, but we have not reached everyone. But we must try. And we must also ur
there are those we will never reach or please.for a variety of reasons. And that's OK too. ~
lesson in the newspaper business. unfortunately. people don't write letters to the editor whe
pleased with an article..they write when they are mad. And the same goes for this busines
much as I wish it were different, often times, you only hear from people when they disagre
remember, that you are here to lead, and this is a job to do not have. That is an important
let me say it again.this is a job to do, not have.
Sometimes, you'll make an unpopular decision, but it is our job to do what we feel is best.
are here for, that's why we have been elected whether we have had recent opposition or n
For the next two years, I plan to pick my spots judiciously. I want to see us revitalize the C
corridor and bring jobs and workforce housing to our city. I want us to apply our standard (
planning excellence to the western part of this city and create a sense of place for all of DE
want us to create a cultural plan for Delray, that will take this city to the next level. I want t(
continue to Weed and Seed southwest Delray, even when funding from Washington goes
to continue to work on race relations, I think we have done a lot, I think we've come along
need to get to know each other and not be afraid to have honest conversations, in a safe E
will know that we have had achieved something special when people of all races and ethn
to move about this city, when we have erased the lines that have divided us and we can tr
diversity by being able to sit down and talk openly and honestly without fear of reprisal or 1
developed some good relationships, but we are not there yet and I think we know that.
I also would like us to recommit ourselves to community policing and reinvigorating some I
community collaborations that proved to be successful for so many years.
In short, we've got a full plate and then some..but thafs the nature of Delray Beach and I c
have it any other way. Again, I want to thank all of you here for your support and friendshil
especially want to thank my family, my wife Diane, all of my kids who have sacrificed so m
can have this experience. You understand my need to pay civic rent and your love and pa
invaluable. It has been an honor to serve Delray Beach, an experience that I will treasure 1
very grateful for this community's support, trust and friendship.
You may write to Mayor Jeff Perlman bye-mail at Mii-Y9~@lI!IyQ~Jrfl-y-~~~~I1~Qm.
am.w~~L ea rlLEiJ:JILEi$SaillLS
http://www .mydelraybeach.comlDelray/Meet+Our+Leaders/From+the+Mayor's+Deski Arc... 4/13/2005
APRIL 5~ 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, April 5, 2005.
1. Roll call showed:
Present - Commissioner Patricia Archer
Commissioner Rita Ellis
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Mayor Jeff Perlman
Absent - None
Also present were - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Brian Shutt, Assistant City Attorney
Terrill Barton, Assistant City Attorney
Chevelle D. Nubin, City Clerk
At this point, Mayor Perlman stated he would like to observe a moment of
silence in memory of Pope John Paul II who passed away over the weekend and Edith
Costello (resident of Delray Beach and mother of Assistant Planning Director Jeff
Costello) who also passed away on Saturday.
2. The opening prayer was delivered by Commissioner Levinson.
3. The Pledge of Allegiance to the flag of the United States of America was
gIven.
4. AGENDA APPROVAL.
Mayor Perlman stated at the request of the applicant, Item 9.A. has been
removed from the Agenda.
Mayor Perlman noted the addition of Item 8.A.A. (Delrav Beach Library
Chanl!e Order No. 42/BSA Corv.). to the Consent Agenda by addendum and Item 9.L.,
Extension of Consultinl! Al!reement/Samuel E. Mathis. Jr.. to the Regular Agenda by
addendum.
Mr. Levinson moved to approve the Agenda as amended, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said
motion passed with a 5 to 0 vote.
04/05/05
5. APPROVAL OF MINUTES:
Mrs. Archer moved to approve the Minutes of the Regular Meeting of
March 15, 2005, seconded by Mrs. Ellis. Upon roll call the Commission voted as
follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman
- Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote.
6. PROCLAMATIONS:
6.A. Davs of Remembrance - Holocaust
Mayor Perlman read a proclamation hereby proclaiming the week of
Sunday, May 1 through Sunday, May 8, 2005 as Days of Remembrance in memory of the
victims of the Holocaust.
6.B. The Leaeue of Women Voters 85th Anniversarv
Mayor Perlman read and presented a proclamation hereby congratulating
The League of Women Voters and the members of The League of Women Voters of the
United States and South Palm Beach County on their 85th and 45th Anniversaries. Sally
Robinson and Susan Litchfield came forward to accept the proclamation.
6.C. Water Conservation Month - April 2005
Mayor Perlman read and presented a proclamation hereby proclaiming the
month of April 2005 as Water Conservation Month in Delray Beach, Florida. Dan
Beatty, Deputy Director of Public Utilities, came forward to accept the proclamation.
6.D. Parkinson's Disease Awareness Month - April 2005
Mayor Perlman read a proclamation hereby proclaiming April 2005 as
Parkinson's Disease Awareness Month in Delray Beach, Florida and noted the
proclamation will be mailed.
7. PRESENTATIONS:
7.A. Government Finance Officers Association - Certificate of
Achievement for Excellence in Financial Reportine
Mayor Perlman stated The Government Finance Officers Association
(GFOA) is a professional group that recognizes excellence in financial reporting and this
is the 21 st consecutive year the City of Delray Beach has received this award. He read the
press release into the record and congratulated the Finance Department.
On behalf of Milena L. Walinski, CGFO, Assistant Finance Director and
the Finance Department, Joe Safford, Finance Director, came forward to accept the
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04/05/05
award.
7.B. Delrav Camera Club Awards - "South Florida Visions 2005"
Mayor Perlman presented certificates to the Delray Camera Club for the
Club's exhibit this year called "South Florida Visions 2005."
A representative from the Delray Camera Club presented the winners of
the 10th Annual Camera Club display showcased in City Hall.
First Place
Ted Reich
"Egret"
Second Place
Sarah Kleiman
"Owl"
Third Place
Dave Birkenfeld
"Peacock"
HONORABLE MENTION
Herl Wilkens
"Red Rose"
Stuart Freedman
"Spider Web"
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A.A. DELRAY BEACH LIBRARY CHANGE ORDER NO. 42/BSA
CORPORATION (ADDENDUM): Approve the Delray Beach Library Change Order
No. 42 between the Delray Beach Library and BSA Corporation in the amount of
$315,018.00 for modifications associated with the Library Project. Funding is available
from 334-3552-571-62.10 (General Construction Fund/Buildings).
8.A. RESOLUTION NO. 19-05/ ABANDONMENT OF EASEMENT:
Approve Resolution No. 19-05 for the abandonment of an exclusive 5' wide limited
access easement along the east property line of Lot 2, Delray Ocean Estates North,
located on the west side of Ocean Boulevard, approximately 1,240 feet south of George
Bush Boulevard.
The caption of Resolution No. 19-05 is as follows:
- 3 -
04/05/05
~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, VACATING
AND ABANDONING A 5-FOOT WIDE LIMITED
ACCESS EASEMENT LYING WITHIN LOT 2,
DELRA Y OCEAN ESTATES NORTH, ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK
81, PAGE 64 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA AS MORE
P ARTICULARL Y DESCRIBED HEREIN.
(The official copy of Resolution No. 19-05 is on file in the City Clerk's
office. )
S.B. RESOLUTION NO. 20-05: Approve Resolution No. 20-05 assessing
costs for abatement action required for the emergency board-up of an unsafe structure
located at 112 N.W. 8th Avenue.
The caption of Resolution No. 20-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
PURSUANT TO ARTICLE 7.8, "UNSAFE
BUILDINGS", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRA Y
BEACH, ASSESSING COSTS FOR ABATEMENT
ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF
DELRA Y BEACH; SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH
ACTION; PROVIDING FOR AN EFFECTIVE DATE
AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORD-
ING OF THIS RESOLUTION, AND DECLARING
SAID LEVY TO BE A LIEN UPON THE SUBJECT
PROPERTY FOR UNP AID ASSESSMENTS;
PROVIDING FOR THE MAILING OF NOTICE.
(The official copy of Resolution No. 20-05 is on file in the City Clerk's
office.)
S.C. RESOLUTION NO. 21-05: Approve Resolution No. 21-05 assessing
costs for action necessary to remove junked and/or abandoned vehicles from ten (10)
properties throughout the City.
- 4-
04/05/05
The caption of Resolution No. 21-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, PURSUANT TO
CHAPTER 90 OF THE CODE OF ORDINANCES OF THE
CITY OF DELRA Y BEACH, ASSESSING COSTS FOR
ABATING NUISANCES BY REMOVING JUNKED AND/OR
ABANDONED VEHICLES WITHIN THE CITY OF DELRAY
BEACH; SETTING OUT ACTUAL COSTS INCURRED BY
THE CITY TO ACCOMPLISH SUCH ABATEMENT AND
LEVYING SAID COSTS; PROVIDING FOR AN EFFECTIVE
DATE AND FOR A DUE DATE AND INTEREST ON
ASSESSMENTS; PROVIDING FOR THE RECORDING OF
THIS RESOLUTION, AND DECLARING SAID LEVY TO BE
A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID
ASSESSMENTS; PROVIDING FOR THE MAILING OF
NOTICE OF LIEN.
(The official copy of Resolution No. 21-05 is on file in the City Clerk's
office. )
S.D. RESOLUTION NO. 22-05: Approve Resolution No. 22-05 assessing
costs for abatement action required to remove nuisances on four (4) properties throughout
the City.
The caption of Resolution No. 22-05 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
DATE AND FOR A DUE DATE AND INTEREST ON
ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND
DECLARING SAID LEVY TO BE A LIEN UPON
THE SUBJECT PROPERTY FOR UNPAID
ASSESSMENTS.
- 5 -
04/05/05
(The official copy of Resolution No. 22-05 is on file in the City Clerk's
office.)
8.E. ACCEPTANCE OF RIGHT-OF-WAY DEEDIFITZY'S
RESTAURANT: Approve and accept a right-of-way deed associated with Fitzy's
Restaurant, located at 101 S.E. 4th Avenue.
8.F. ACCEPTANCE OF RIGHT-OF-WAY DEED/30 S.E. 1ST AVENUE:
Approve and accept a right-of-way deed associated with 30 S.E. 1st Avenue and adjacent
alleys.
8.G. FDOT UTILITY PERMIT & HOLD HARMLESS
AGREEMENT/CORAL TRACE OFFICE PARK: Authorize the City to act as the
utility permit applicant for a water service connection within the state right-of-way,
located on the northwest comer of Atlantic A venue and Coral Trace Boulevard; and
approve a hold harmless agreement with the developer (Coral Trace Office Park, LLC).
8.H. CHATEAU WOODS HOMEOWNERS' ASSOCIATION TRAFFIC
ENFORCEMENT AGREEMENT: Approve an agreement between the City and the
Chateau Woods Homeowners' Association allowing the Delray Beach Police Department
to enforce local and state traffic laws on its property.
8.1. RESOLUTION NO. 18-05: Approve Resolution No. 18-05 opposing the
Community Redevelopment Agency (CRA) legislation regarding HB 1521 and SB 2060.
The caption of Resolution No. 18-05 is as follows:
A RESOLUTION OF THE CITY OF DELRA Y BEACH,
FLORIDA, URGING THE LEGIS LA TURE TO VOTE
AGAINST HB 1521 AND SB 2060, IN THAT THIS
LEGISLATION WOULD AMEND PART III, CHAPTER 163,
FLORIDA STATUTES, WITH THE EFFECT OF SEVERELY
REDUCING THE ABILITY OF COMMUNITY
REDEVELOPMENT AGENCIES TO ACCOMPLISH THEIR
STATUTORY REDEVELOPMENT TASKS.
(The official copy of Resolution No. 18-05 is on file in the City Clerk's
office. )
8.J. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE:
Approve and endorse the Art & Jazz on the Avenue scheduled for May 12, 2005 from
6:00 p.m. to 10:00 p.m., granting a temporary use permit per LDR Section 2.4.6(H) for
the closure of Atlantic Avenue from Swinton to N.E. ih Avenue, the south side parking
lane of Atlantic Avenue from N.E. ih Avenue to just past the Blue Anchor Pub, Railroad
Drive from Atlantic Avenue to N.E. 1st Street, N.E. 2nd Avenue from Atlantic Avenue to
N.E. 1 st Street, and authorize staff support for security and traffic control, banner hanging
- 6-
04/05/05
and removal, barricade set-up/removal, trash removal and clean up.
8.K. SPECIAL EVENT REQUEST/8TH ANNUAL DOWNTOWN
DELRAY CRAFT FESTIVAL: Approve a special event request for the 8th Annual
Downtown Delray Craft Festival sponsored by Howard Alan Events, Ltd. to be held May
28 and May 29, 2005, granting a temporary use permit per LDR Section 2.4.6(H) for use
of City right-of-way on Atlantic Avenue from the west side of Bronson Avenue to the
east side of Seabreeze; and to authorize staff support for security/traffic control, waiver to
allow event signage to be installed one week prior to event with event sponsor paying all
overtime costs; contingent upon receipt of certificate of liability insurance.
8.L. SPECIAL EVENT REQUEST/HOT AIR BALLOON GLOW:
Approve a special event request for the Hot Air Balloon Glow to be held on May 28,
2005, granting a temporary use permit per LDR Section 2.4.6(H) for the closure of North
Ocean Boulevard (A-I-A) on May 28,2005 from Atlantic Avenue to the City parking lot
north of the Marriott from 4:00 a.m. to 10:00 p.m., allow beach parking lots to stay open
until 11 :00 p.m. on May 28t\ use of the City parking lot at the Marriott for balloonists,
and staff support for security and traffic control, barricading, and signage preparation/set
up, and trash removal for this event.
8.M. SPECIAL EVENT REQUEST/AVDA 5K WALK: Approve a special
event request to allow the 8th Annual Aid to Victims of Domestic Abuse, Inc. (A VDA)
5K Walk/Run to be held on Saturday, October 15, 2005 from 7:30 a.m. until
approximately noon, including temporary use permit per LDR Section 2.4.6(H) for the
use of Anchor Park and City right-of-way along Ocean Boulevard from Casurina to
George Bush Boulevard, waiver of parking meter fees, and staff support for traffic
control, barricading, signage, trash pick up/removal, and set up/use of the small stage;
contingent on the sponsor providing liability insurance and a hold harmless agreement.
8.N. CONSULTING AGREEMENT/JEG ASSOCIATES. INC.: Approve
a Consulting Agreement with lEG Associates, Inc. in the amount of $70,000.00 for
services associated with the implementation of the Southwest Area Neighborhood Plan.
The Community Redevelopment Agency (CRA) will fund $40,000.00 with the remaining
balance of$30,000.00 to be funded from year two of the MacArthur Grant.
8.0. SERVICE AUTHORIZATION NO. 03/SPATIAL FOCUS. INC.:
Approve Service Authorization No. 03 to Spatial Focus, Inc. in the amount of$15,150.00
for the installation of the Map Server, development of quality control procedure, and
assistance with migrating data to new Map Server. Funding is available from 448-5411-
538-31.90 (Storm Water Utility Fund/Other Professional Services).
8.P. CHANGE ORDER NO. 2/FINAL P A YMENT/ ALMAZAN
BROTHERS.INC: Approve Change Order No.2 in the amount of$17,342.97 and final
payment in the amount of $37,043.89 to Almazan Brothers, Inc. for the Alley at Ocean
City Lumber Block 84 Water Main and Drainage and Dixie Highway/S.E. 10th Street
Drainage Improvement Project. Funding is available from 448-5461-538-65.77 (Storm
Water Utility Fund/Old Dixie Highway and 442-5178-536-63.51 (Water/Sewer Renewal
- 7 -
04/05/05
& Replacement Fund/Sewer Mains).
!&:. CHANGE ORDER NO. l/FINAL PAYMENT/CONQUEST
ENGINEERING. INC: Approve Change Order No.1 in the amount of a $1,250.93
decrease, and final payment in the amount of$8,059.60 to Conquest Engineering, Inc. for
the S.E. 7th Avenue Drainage Project. Funding is available from 448-5461-538-65.53
(Storm Water Utility Fund/S.E. th Avenue).
8.R. SERVICE AUTHORIZATION NO. P-2: Approve Service
Authorization No. P-2 to CH2M Hill, Inc. in the amount of $58,300.00 for architectural
and engineering services for the Pompey Park Facility Expansion Project. Funding is
available from 380-4150-572-62.61 (2004 G.O. Bond/Parks & RecreationIPompey Park
Expansion).
8.S. SERVICE AUTHORIZATION NO. l.1/CORNELL PARKIROBERT
WALTERS ARCHITECTS. INC.: Approve Service Authorization No. 1.1 to Robert
Walters Architects, Inc. in the amount of $19,800.00 for consulting services for the
development of Cornell Park. Funding is available from 380-4150-572-63.27 (2004 G.O.
Bond/Cornell Park).
8.T. INTERLOCAL AGREEMENT/PALM BEACH COUNTY: Approve
an Interlocal Agreement with Palm Beach County for the engineering and construction
costs for the Florida Inland Navigational District (F.I.N.D.) Park and the Delray Harbor
Club Turn Lane Project.
8.U. HOUSING REHABILITATION GRANT/CONTRACT AWARDS:
Approve Housing Rehabilitation grant/contract awards through the Community
Development Division in the amount of $19,845.00 to Tommy Preston (721 N.W. 4th
Street) and $21,919.00 to South Florida Construction (618 S.W. 6th Avenue). Funding is
available from 118-1963-554-49.19 (Community Development Block Grant (CDBG)
Program/Housing Rehabilitation) and 118-1924-554-49.19 (State Housing Initiatives
Partnership (SHIP) Program/Housing Rehabilitation).
8.V. SUBORDINATION AGREEMENT FOR COMMUNITY
DEVELOPMENT FUNDING RECIPIENT: Authorize and approve subordination of
the City's second mortgage in the amount of $23,250.00 to allow the applicant to secure
new financing.
8.W. CHANGE ORDER NO.1 (CONTRACT CLOSEOUT)NILA & SON
LANDSCAPING CORPORATION/FEDERAL HIGHWAY MEDIAN
BEAUTIFICATION: Approve Change Order No.1 (Contract Closeout) in the amount
of $774.50 and final payment in the amount of $5,057.52 to Vila & Son Landscaping
Corporation for the Federal Highway Median Beautification Project. Funding is
available from 119-4151-572-63.20 (Beautification Trust Fund/
LandscapinglBeautification).
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04/05/05
8.X. GRANT APPLICATION TO UNITED STATES FIRE
ADMINISTRATION: Authorize staff to submit a Fire Act Grant application to the
United States Fire Administration for funding in the amount of $83,199.00 with a 20%
local match of $20,799.00 from the City to replace the current dispatch tone alert system
equipment for the Fire Department (FY 2006 Budget).
8.Y. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period March 14,2005 through April 1, 2005.
8.Z. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to Noritsu America Corporation in the amount of
$40,216.00 for the purchase, installation, and maintenance of a
Noritsu Dry Digital Printer, Remote Digital Input Terminal, and
accessories for the Police Department. Funding is available from
115-2112-521-64.11 (Special Proj ects Fund/Computer
Equipment).
2. Purchase award to Sensus Metering Systems in the amount of
$64,999.00 for the purchase of 500 MXU transceivers and 5,000
gel caps for Phase II of the installation of 500 radio-read water
meters in the area east of the IntracoastaL Funding is available
from 441-5161-536-52.31 (Water/Sewer Fund/Water Meter
Replacement).
Mrs. Archer moved to approve the Consent Agenda as amended, seconded
by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson-
Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes.
Said motion passed with a 5 to 0 vote.
9. REGULAR AGENDA:
9.A. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
9.B. REQUEST FOR FUNDING/COMMUNITY NEIGHBORHOOD
HELPING: Consider approval of a request from Community Neighborhood Helping,
Inc. to provide $8,000.00 in seed money, which will be reimbursed to the City through a
Palm Beach County grant, for the Glory Awards 2005 to be held on May 29, 2005.
Funding is available from 001-6111-519-99.03 (Manager's Contingency Fund).
Robert A. Barcinski, Assistant City Manager, stated this is a request from
Edith Thompson on behalf of the Community Neighborhood Helping, Inc. for the Glory
Awards to advance $8,000 from Palm Beach County Commissioner Addie L. Greene.
The County funding approval for this request will come from the current fiscal year
funding. The Glory Awards will be held on May 29, 2005 at 7:00 p.m. at Old School
Square.
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04/05/05
Mr. Levinson moved to approve the request from Community
Neighborhood Helping, Inc. to provide $8,000 in seed money, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes;
Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said
motion passed with a 5 to 0 vote.
9.C. LICENSE AGREEMENT/6TH ANNUAL MIDCOAST
CONVENTION OF NARCOTICS ANONYMOUS. UNINCORPORATED
(MCCNA 2005)/TENNIS FACILITIES: Consider approval of a license agreement
between the City and Midcoast Convention of Narcotics Anonymous, Unincorporated for
the use of the Tennis Facilities for the 6th Annual MCCNA 2005 Event.
Robert A. Barcinski, Assistant City Manager, stated this item is a request
for consideration of the proposed License Agreement between the City and Midcoast
Convention of Narcotics Anonymous (MCCNA) Unincorporated for the use of the
Tennis Center facilities including the stadium as well as use of the Community Center
gym. The convention dates are October 7-9, 2005. Ms. Ellen Jachera, MCCNA 2005
Hotel Liaison estimates the sale of approximately 150 hotel room nights and
approximately 900 persons dining in local restaurants. Under the terms of the license
agreement, they will be required to pay all police and EMS personnel overtime costs, pay
$4,000 for use of the Tennis Facilities, and pay $3,000 for services to be provided by the
City (per paragraph 4 of the agreement).
Mrs. Archer inquired whether any parking arrangements have been made.
Mr. Dubin stated they do not anticipate any parking problems.
Mr. Levinson commented about Item 4(f) on and off-site directional
signage of the License Agreement and asked if the City is providing off-site directional
slgnage. Mr. Barcinski stated the City normally provides off-site directional signage
under these contracts to announce the event and give the direction to the facility. The
City Manager stated this would be directional signage rather than promotional signage.
Mr. Levinson moved to approve the proposed License Agreement between
the City of Delray Beach and Midcoast Convention of Narcotics Anonymous,
Unincorporated for the use of the Tennis Facilities for the 6th Annual MCCNA 2005
Event, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows:
Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes. Said motion passed with a 5 to 0 vote.
9.D. REQUEST FOR FUNDING/CARVER MIDDLE SCHOOL BAND:
Consider approval of a request from the Carver Middle School Band for a donation to
help support the band's trip to perform at Universal Studios in May, 2005.
Robert A. Barcinski, Assistant City Manager, stated this item is a request
for funding from Keary M. Pence, Carver Middle School Band Director, on behalf of the
Carver Middle School Band. Mr. Pence requests a contribution from the City to help
support the trip to Universal Studios in May 2005. The school is trying to raise a total of
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---
$12,000 to make the trip a reality and to date the band has raised $3,000 of the amount
needed. Staff recommends consideration of approval of the request in the amount of
$1,000.
Ms. McCarthy moved to approve staff's recommendation of the $1,000.00
contribution, seconded by Mrs. Archer. Upon roll call the Commission voted as follows:
Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Perlman - Yes. Said motion passed with a 5 to 0 vote.
9.E. PARKING SPACES/THE FRIENDS OF SANDOWAY HOUSE
NATURE CENTER. INC./EARTH DAY: Consider a request from The Friends of
Sandoway House Nature Center, Inc. to reserve parking spaces in the Sandoway Parking
Lot to accommodate their 3rd Annual Earth Day Event.
Scott Aronson, Parking Management Specialist, stated the Sandoway
Nature Center will be holding their annual Earth Day Event on Saturday, April 23, 2005
between the hours of 10:00 a.m. and 4:00 p.m. The request is to reserve the south half of
the Sandoway Parking Lot to accommodate the Busch Wildlife Sanctuary display,
parking for visitors and shuttle bus and trolley vehicles. Staff recommends approval of
the applicant's request; and to avoid confusion and possible ticketing to event goers using
other parking spaces in the lot, staff recommends waiving parking fees in the lot for the
day.
Ms. McCarthy stated seeing that the parking lot will get filled quickly she
asked if staff has made any provisions for placing "Lot Full" signs because people who
are not participating in this event may be going to the beach. Mr. Aronson stated staff
can look into getting a sign made indicating "Lot Full" and ask the Sandoway House
Nature Center in exchange for granting this request that they monitor the parking lot and
place a sign on A-I-A.
Mrs. Ellis moved to approve the request from Sandoway Nature Center to
accommodate the Third Annual Earth Day event to reserve the south half of the
Sandoway Parking Lot and waive parking fees in the parking lot on Saturday, April 23,
2005 and the addition of the "Lot Full" sign, seconded by Ms. McCarthy. Upon roll call
the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to
o vote.
9.F. OLD SCHOOL SQUARE PARKING GARAGE: Presentation and
discussion of revisions to the Old School Square Parking Garage Project to address event
sponsor concerns.
Richard Hasko, Director of Environmental Services, gave a brief
presentation and stated staff met with the primary stakeholders (Old School Square,
Chamber of Commerce, the Joint Venture, and the Garlic Festival) involved with
sponsoring events that would be utilizing the garage. Mr. Hasko announced that the
consultants from PGAL for this project are present this evening. Mr. Hasko briefly
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04/05/05
reviewed Option # 10 and noted the overall garage worked very well with the exception of
some issues that were identified as far as maneuverability and access for the event
participants, the acts, the event sponsors and the organization particularly relative to
interfacing with the garage traffic which all happens with the access on 1 st A venue. He
reviewed Option #13 and staff felt this was a very good compromise for addressing the
issues. He briefly reviewed the changes to the parking garage. Mr. Hasko stated he feels
staffhas addressed the concerns of the event sponsors.
Mrs. Archer stated she feels this is super.
Mr. Levinson stated this is great.
Mrs. Ellis inquired about the design for the parking garage.
The City Manager stated in his recent email from Diane Colonna she
indicated that Toussaint L'Ouverture High School will move out on November 18, 2005.
Mr. Levinson stated he would not be supportive of the school staying
beyond the current school year because he feels many things can go on there without
impacting the Garlic Festival.
Mayor Perlman stated he does not understand what the logic is for
Toussaint L'Ouverture High School starting another school year and then in the middle
of the semester having to relocate.
The City Manager stated it is his understanding that the school will
actually relocate as of the beginning of the year; however, they apparently need this extra
time to get all their things out.
Mr. Levinson stated he does not see how it is affordable to wait to
November to start demolition which means construction would start at some point in the
middle of season.
Mr. Hasko stated the next step for staff is to negotiate the design contract
with the consultant and would also be going out for a CM at Risk Proposal.
Mrs. Ellis inquired about comments expressed by Mr. Levinson regarding
the demolition of the school not impacting the Garlic Festival.
Mr. Levinson stated he suspects that the demolition could be done before
the Garlic Festival and then there would be a cleared site which may provide to be
beneficial for staging or trucks. He stated if the City can have a cleared site before the
Garlic Festival then construction could start the Monday or Tuesday following the
festi val.
9.G. HCR MANOR CARE FOUNDATION GRANT/COMMUNITY
HEALTH IMPROVEMENT PROGRAM (CHIP): Consider approval of the
application for a non-matching grant to the HCR Manor Care Foundation in the amount
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04/05/05
of$140,875.00 to provide funding for one (1) year for a Community Health Improvement
Program (CHIP) in the Fire-Rescue Department.
The City Manager stated the Fire-Rescue Department has been working on
this for quite some time and they receive many assistance calls (i.e. where someone falls
or is in the bathtub and cannot get out, etc.) and they frequently receive repetitive calls
from the same individual. Therefore, he stated the idea is to have some other type of
intervention to get the person into a more suitable living arrangement so there are not
repetitive calls of this nature. The City Manager stated the Fire-Rescue Department has
developed an application to the HCR Manor Care Foundation and he expressed concern
that this is a one (1) year grant. The City Manager stated it needs to be clearly
understood that if the grant is not renewed after the first year, the City is not in a position
to pick it up and commented there may be other resources that will come available.
Mr. Levinson stated although he feels this is great he expressed concern
over the possibility of the grant not being renewed after the first year. He stated he would
be more supportive of doing this if the City was not also in the process of doing a Senior
Center where hopefully Mae Volen could be brought in. Mr. Levinson stated Mae Volen
does provide home health services.
Ms. McCarthy asked if it is possible that if this grant were put in place for
one (1) year and this grant were received and the City continues its negotiations and Mae
V olen comes in the following year that the City do a transition type of thing if this is not
granted for the second year.
Rob Moreland, Division ChieflEMS, stated the grant is not a sure thing
and the Fire-Rescue Department is trying to find funding for the salaries for the person to
administer the services.
Brief discussion between Mr. Moreland and the Commission continued.
Ms. McCarthy stated she would like to support this endeavor; however,
with the energies put into to making sure there is something else developing so in the
event the grant is not renewed after the first year Mae V olen can already be incorporated
so that people can still be serviced.
Mrs. Archer inquired as to if the City can get this done for a year if during
the year if there is some way an agreement can be worked out between the Fire-Rescue
Department and Mae Volen to work hand-in-hand to fund the rest of this program
especially if it is a cost savings for the Fire-Rescue Department. Mr. Moreland stated the
Fire-Rescue Department is trying to find funding resources and this is the second attempt.
The City Manager suggested that the Commission approve to file the
application and while that is pending to work with Mae V olen and establish something
that would be a fallback position if the City is not able to continue funding for our own
efforts. If the City receives the grant, then it would come back to the Commission
whether or not to accept the grant and the Commission can make their final decision at
that point. In the meantime, the City Manager stated hopefully the City will be in a better
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04/05/05
position to address what happens if the City does not continue funding.
Mr. Levinson asked if the City is using the #211 system. Mr. Moreland
stated staff does use the #211 system. Mr. Levinson stated the idea of the #211 system is
to be able to have a central point where you assist people in getting the correct resources
and commented the #211 system in Palm Beach County is growing quite rapidly. Mr.
Levinson would rather see the City have this deal in place first because he is concerned
about not having the funding in year two. Mr. Moreland stated many of the agencies
drop the ball if someone does not keep after them. He stated staff already has a Fire-
Rescue Department employee and many of the agencies charge a fee and many of the
people who need the help do not have insurance or families in the area. Mr. Moreland
stated staff has been very creative in finding service for these people who need assistance
and he feels this is a little bit of a different program compared to what is already in place.
Mrs. Archer concurred with comments expressed by Mr. Moreland and
stated this is much more of a specialized service.
Mrs. Ellis concurred with comments expressed by the City Manager.
Mr. Archer moved to approve to apply for the grant and bring back to the
City Commission for review, seconded by Mrs. Ellis. Upon roll call the Commission
voted as follows: Mr. Levinson - No; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs.
Ellis - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 1 vote, Commissioner
Levinson dissenting.
9.H. INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2005-
01: Formally initiate Comprehensive Plan Amendment 2005-01 pursuant to Section
9.2.1 of the Land Development Regulations.
Paul Dorling, Director of Planning and Zoning, stated this item is the
initiation of Comprehensive Plan Amendment 2005-1. The amendment includes three (3)
City initiated Future Land Use Map amendments, and two text changes, including
updating the needs and analysis for the Open Space and Recreation Element. Mr.
Dorling stated the Future Land Use amendments include the required amendments
relating to the Osceola Park Redevelopment Plan going from RDA-5 (Redevelopment
Area #5 to CC (Commercial Core), LD (Residential Low Density 0-5 dulac) and MD
(Residential Medium Density 5-12 dulac) consistent with the Plan adopted by the City
Commission recently. In addition, Mr. Dorling stated it includes the application of
Future Land Use and Zoning designations to the Country Club Acres subdivision and the
Land Use amendment for Delray Medical Center from the County designation of
INST/18 (Institutional, with an underlying High Residential - 18 units per acre) to CF
(Community Facilities). The text amendments will also include a new Policy C-2.6
which states future development will be consistent with the adopted Osceola Plan. There
will also be some updates to the analysis "Conclusions" and "Needs and
Recommendations" sections of the Open Space and Recreation Element which will bring
it consistent with the City of Delray Beach Parks and Recreation Master Plan.
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At its meeting of March 21, 2005, the Planning and Zoning Board
considered the initiation and the Board unanimously recommended approval by a 5-0
vote (Joseph Pike and Charles Walker absent).
Mrs. Archer moved to approve the initiation of Comprehensive Plan
Amendment 2005-1, seconded by Mrs. Ellis. Upon roll call the Commission voted as
follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer -
Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 7:00 p.m., the Commission considered the
duly advertised Public Hearings portion of the agenda.
to. PUBLIC HEARINGS:
to.A. ORDINANCE NO. 22-05 (FIRST READING/FIRST PUBLIC
HEARING): City initiated amendment to Land Development Regulations (LDR)
4.3.3(V)(2) "Uses Involving Alcoholic Beverages", by establishing subsection
4.3.3(V)(2)(c) to provide a method of determining eligibility for a Stand Alone Bar. If
passed, a second public hearing will be scheduled for April 19, 2005. Prior to
consideration of passage of Ordinance No. 22-05 on First Reading/First Public Hearing, a
public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 22-05 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
OF THE CITY OF DELRAY BEACH, BY
AMENDING SECTION 4.3.3(V), "USES
INVOLVING ALCOHOLIC BEVERAGES", BY
AMENDING SUBSECTION 4.3.3(V)(2),
"PROHIBITIONS BY FREQUENCY" BY
ESTABLISHING SUBSECTION 4.3.3(V)(2)(c) TO
PROVIDE A METHOD OF DETERMINING
ELIGIBILITY FOR A STAND ALONE BAR USE IN
CERTAIN CIRCUMSTANCES; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTNE DATE.
(The official copy of Ordinance No. 22-05 is on file in the City Clerk's
office. )
Brian Shutt, Assistant 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 Del ray Beach, Florida.
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04/05/05
Paul Dorling, Director of Planning and Zoning, stated the amendment was
processed in order to obtain consistency with State Statutes as they relate to the definition
of Alcoholic Beverages. In addition, the definition of Alcoholic Beverage Establishment
was modified and definitions of Stand Alone Bar and Bottle Club were added to be
consistent with State Statutes. The adopted regulations provide a specific distance
limitation and method of measurement as follows: "Not more than one stand alone bar
shall be located within anyone block nor within seven hundred and fifty (750) feet of
another stand alone bar measured from lot line to lot line in a straight line." The
ordinance provides a process to establish a stand alone bar and a method of determining
eligibility for a stand alone bar. The ordinance includes submission requirements and a
time frame of sixty (60) days to establish the use once the applicant is notified that the
use may be established. The ordinance also includes a method to allow stand alone bar
uses when more than one person or entity desires to establish a stand alone bar and only
one can be accommodated under current restrictions and distance limitations.
At its meeting of March 21, 2005, the Planning and Zoning Board held a
public hearing regarding the proposed text amendment. After discussing the amendment,
the Board voted 5-0 (Joseph Pike & Charles Walker 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. 22-05,
the public hearing was closed.
Mrs. Archer moved to approve Ordinance No. 22-05 on First
Reading/First Public Hearing, seconded by Ms. McCarthy. Upon roll call the
Commission voted as follows: Mayor Perlman -Yes; Mrs. Ellis - Yes; Mrs. Archer -
Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote.
10.B. ORDINANCE NO. 12-05: An ordinance amending Chapter 95,
"Emergency Management", Sections 95.05 through 95.13 to provide an updated
ordinance regarding emergency management. Prior to consideration of passage of
Ordinance No. 12-05 on Second and FINAL Reading, a public hearing has been
scheduled to be held at this time.
The caption of Ordinance No. 12-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 95, "EMERGENCY
MANAGEMENT", BY AMENDING SECTION 95.05
THROUGH 95.13 IN ORDER TO PROVIDE AN
UPDATED ORDINANCE REGARDING EMERGENCY
MANAGEMENT; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
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04/05/05
(The official copy of Ordinance No. 12-05 is on file in the City Clerk's
office.)
Brian Shutt, Assistant City Attorney, read the caption of the ordinance. A
public hearing was held having been legally advertised in compliance with the laws ofthe
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. 12-05, the
public hearing was closed.
Mr. Levinson moved to approve Ordinance No. 12-05 on Second and
FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as
follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes;
Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote.
10.C. ORDINANCE NO. 18-05: An ordinance amending Chapter 35,
"Employee Policies and Benefits", subheading "Retirement Plan", Section 35.097,
"Retirement Income; Basis, Amount, and Payment", of the City Code of Ordinances to
provide for an option of a 3% multiplier. Prior to consideration of passage of Ordinance
No. 18-05 on Second and FINAL Reading, a public hearing has been scheduled to be
held at this time.
The caption of Ordinance No. 18-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING CHAPTER 35, "EMPLOYEES POLICIES
AND BENEFITS", SUBHEADING "RETIREMENT
PLAN", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SECTION 35.097, "RETIREMENT
INCOME; BASIS, AMOUNT, AND PAYMENT", TO
PROVIDE FOR AN OPTIONAL ENHANCED
MULTIPLIER; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A VALIDITY CLAUSE; AND
PROVIDING AN EFFECTNE DATE.
(The official copy of Ordinance No. 18-05 is on file in the City Clerk's
office.)
Brian Shutt, Assistant 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 ofthe City of Delray Beach, Florida.
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04/05/05
~-
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 18-05,
the public hearing was closed.
Ms. McCarthy moved to adopt Ordinance No. 18-05 on Second and
FINAL Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as
follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman
- Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote.
10.D. ORDINANCE NO. 19-05: An ordinance amending Chapter 35,
"Employee Policies and Benefits", subheading "Retirement Plan", Section 35.089,
"Definitions", of the City Code of Ordinances to provide for a revision in the definition
of "Credited Service". Prior to consideration of passage of Ordinance No. 19-05 on
Second and FINAL Reading, a public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 19-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 35, "EMPLOYEES POLICIES
AND BENEFITS" , SUBHEADING "RETIREMENT
PLAN", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SECTION 35.089, "DEFINITIONS", TO
REVISE THE DEFINITION OF "CREDITED SERVICE"
TO INCLUDE CERTAIN EMPLOYMENT WITH THE
CITY AS A POLICE OFFICER OR FIREFIGHTER FOR
VESTING AND CERTAIN BENEFIT ELIGIBILITY
PURPOSES ONLY; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A VALIDITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
(The official copy of Ordinance No. 19-05 is on file in the City Clerk's
office. )
Brian Shutt, Assistant 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. 19-05,
the public hearing was closed.
Ms. McCarthy moved to adopt Ordinance No. 19-05 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; Mrs. Ellis -
Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote.
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04/05/05
~-
At this point, the Commission moved to Item 11, Comments and
Inquiries on Non-Agenda Items.
11.A. City Mana2er'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.
11.B.l. Alice Kavanau2h. 1507 Pine Lane. Delrav Beach. stated she feels it is
wonderful that the City has so many special events; however, expressed concern that
there is no where to park. She briefly explained that she was parked near the new Post
Office and the Renaissance II Consignment Boutique and decided to shop and walk to the
Delray Affair. When she returned, her car had been booted and a man approached her
making her pay $50.00 in order to get her car back. She stated she does not know if this
was a scam or whether this man was hired by the merchants. She suggested that the
merchants provide a voucher that can be stamped with an address on it to serve as a
receipt and urged the Commission to look into this matter.
11.B.2. Greta Britt. 867 Sunflower Avenue. Delrav Beach. stated her children
participate in the Delray Beach Youth Basketball Program and she expressed several
concerns about the program. She stated a group of parents and coaches got together to
discuss some of these issues including changes that would enhance the program. On
March 10, 2005, parents and coaches met with Joe Weldon, Tom Kwiatek and David
Ricks to share concerns and everyone agreed to meet again within the next two months in
which they would like the Mayor and the City Manager to attend. Ms. Britt urged the
Commission to (1) increase the budget to provide regulatory uniforms, (2) insure that
there are sufficient indoor facilities and that they are a priority for the program during
basketball season, and (3) insure that the gym floor at Pompey Park will be replaced in a
timely manner with the same type of flooring that is at the Community Center. Ms. Britt
stated she spoke with Mr. Weldon in January and he assured her that the floor was going
to be replaced. However, Ms. Britt stated in the status update there is no mention of the
floor being replaced.
l1.B.3. Lovett Leonard. 35 Swinton Gardens Drive. Delrav Beach. stated he is
a parent and a coach for the last seven years in Delray Beach. He expressed concern over
the City's Youth Basketball Program. He read a brief statement into the record regarding
the condition of the gym floor at Pompey Park and stated this has been an ongoing
problem for the past six years. Consequently, the children have had limited practices
outside at Pompey Park. He commented about the availability of the Community Center
and inquired as to why events are cancelled or rescheduled when there is a tennis event
and asked why the tennis venue interrupts the basketball activities in the gym. Secondly,
Mr. Leonard expressed concern over the Delray Beach organizational chart. He feels that
the Delray Parks and Recreation Department should be in line with the Delray Stadium,
Tennis Center, and Public Information on the chart. He feels with the growth of the
City's tax base and population in the last ten years the funding for the Parks and
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04/05/05
Recreation Department should have also grown. He stated there should be more
accountability of money from sponsors going to the various sports that is overseen by
individuals using the Delray name and he urged the Commission to look for a solution to
these concerns.
1l.B.4. Patrick Glover. 305 S.W. 7th Avenue. Delrav Beach. expressed concern
over the gym at Pompey Park and the predicament it has been in for the past six years. In
addition, he expressed concern over the pool at Pompey Park and stated many of the
youths in the community ride their bicycles to Aqua Crest Pool and he feels this is a
potentially dangerous situation for youth especially because the Pompey Park pool is
right in their backyard. Mr. Glover stated every Sunday for the last few weeks he
witnessed numerous police vehicles in the Pompey Park vicinity and feels these vehicles
park inappropriately and in his opinion is very intimidating to the residents. He inquired
about the fees being charged for the use of the pool at Pompey Park.
II.B.5. Patricia Wri2:ht. 255 N.W. 14th Avenue. Delrav Beach. stated she
supports police protection; however, feels it is insulting when she is in her own yard and
the police ride around the neighborhood with dogs in their cars. She would like to know
why this is happening.
At this point, the time being 7:25 p.m. the Commission moved to Item
9.1., Appointments to the Board of Adjustment.
9.1. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one
(1) regular member to the Board of Adjustment for an unexpired term ending August 31,
2006. Based upon the rotation system, the appointment will be made by Commissioner
Archer (Seat #2).
Mrs. Archer moved to reappoint Clifton Miller as a regular member to the
Board of Adjustment for an unexpired term ending August 31, 2006, seconded by Mr.
Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor
Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion
passed with a 5 to 0 vote.
9.J. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one
(1) regular member to the Civil Service Board for a two (2) year term ending April 1,
2007. Based upon the rotation system, the appointment will be made by Commissioner
Levinson (Seat #3).
Mr. Levinson moved to reappoint Larry Zalkin as a regular member to the
Civil Service Board for a two (2) year term ending April 1, 2007, seconded by Mrs.
Archer. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs.
Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion
passed with a 5 to 0 vote.
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04/05/05
9.K. APPOINTMENT TO PUBLIC EMPLOYEES RELATIONS
COMMISSION: Appoint one (1) regular member to the Public Employees Relations
Commission (PERC) for an unexpired term ending March 13, 2008. Based upon the
rotation system, the appointment will be made by Commissioner Archer (Seat #2).
Mrs. Archer moved to appoint Sidney Grossman as a regular member to
the Public Employees Relations Commission (PERC) for an unexpired term ending
March 13, 2008, seconded by Mr. Levinson. Upon roll call the Commission voted as
follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes;
Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote.
9.L. EXTENSION OF CONSULTING AGREEMENT/SAMUEL E.
MATHIS. JR.: Consider approval of an extension to the monthly consulting agreement
for Diversity Community Affairs with Samuel E. Mathis, Jr., Diversity Business
Strategist and Advisor. Funding is available from 001-1111-511-34.90 (General
Fund/Other Contractual Services).
Mr. Levinson moved to approve the extension to the monthly consulting
agreement for Diversity Community Affairs with Samuel E. Mathis, Jr., Diversity
Business Strategist and Advisor, seconded by Ms. McCarthy. Upon roll call the
Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy-
Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 12, First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 23-05: Privately initiated amendment to Land
Development Regulations (LDR) Section 4.4.11, "Neighborhood Commercial (NC)",
increasing the floor area limitation for banks and financial institutions. If passed, a public
hearing will be scheduled for April 19, 2005.
The caption of Ordinance No. 23-05 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 4.4.11,
"NEIGHBORHOOD COMMERCIAL (NC)
DISTRICT", SUBSECTION 4.4.11 (H), "SPECIAL
REGULATIONS", BY PROVIDING THAT BANKS
OR SIMILAR FINANCIAL INSTITUTIONS MAY
HAVE A MAXIMUM AREA OF 6,000 SQ. FT.;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTNE DATE.
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04/05/05
(The official copy of Ordinance No. 23-05 is on file in the City Clerk's
office.)
Brian Shutt, Assistant City Attorney, read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated this is an
amendment to the NC zone district regulations to allow banks and financial institutions
up to a maximum of 6,000 square feet of floor area, where a maximum of only 2,000
square feet is currently permitted.
The request was submitted by the developer of Fountains Center, which is
currently under construction on the west side of Military Trail, approximately 1,400 feet
north located at the northeast corner of Atlantic A venue and Military Trail. Washington
Mutual Bank is currently located at the northeast corner of Atlantic A venue and Military
Trail; however, the bank must relocate by October 31, 2005 and has not been able to
secure a location in the immediate area. The Bank services approximately 50,000
transactions per month and wishes to remain in the area to continue servicing its
customers/community when the current lease expires and it has to vacate its current
premIses.
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. The proposed LDR
amendment provides additional flexibility to accommodate a service to the surrounding
neighborhoods. While the amendment does not fulfill a specific Goal, Objectives, and
Policies of the Comprehensive Plan; it is not inconsistent with them.
At its meeting of March 21, 2005, the Planning and Zoning Board held a
public hearing regarding the proposed text amendment and after discussing the
amendment, the Board voted 5-0 (Joseph Pike & Charles Walker absent) to recommend
approval.
Mayor Perlman stepped away from the dais and passed the gavel to Vice
Mayor Levinson. Mrs. Archer also stepped away from the dais.
Mrs. Ellis moved to approve Ordinance No. 23-05 on FIRST Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mrs. Ellis - Yes. Said motion passed with a 3 to 0
vote.
12.B. ORDINANCE NO. 15-05: Annexation via the provisions ofthe executed
Water Service Agreements for 31 parcels ofland within Country Club Acres, located on
the east side of Military Trail, south of West Atlantic A venue. If passed, a public hearing
will be scheduled for April 19, 2005.
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04/05/05
The caption of Ordinance No. 15-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
ANNEXING TO THE CITY OF DELRA Y BEACH
PARCELS OF LAND LOCATED IN COUNTRY
CLUB ACRES SUBDIVISION, AS MORE
PARTICULARLY 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; PROVIDING A
GENERAL REPEALER CLAUSE, A SA VING
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 15-05 is on file in the City Clerk's
office.)
Brian Shutt, Assistant City Attorney, read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated the subject property
consists of 6.26 acres of land and encompasses thirty-one (31) parcels. Sixteen (16)
parcels are located along the north and south side of Jefferson Road. Twelve (12) parcels
are located on the east and west side of Whatley Road and three (3) parcels are located on
the east side of Lincoln Road. The thirty-one (31) individual lots contain thirty (30)
single family residential homes, and one (1) is a vacant parcel. These thirty-one (31)
parcels have signed water service agreements with the City of Delray Beach and the
City's water service agreement has an annexation clause in it.
At its meeting of March 21, 2005, the Planning and Zoning Board held a
public hearing in conjunction with this request. There was public testimony from one of
the residents (property owner) and her main concern was the approximate date in which
improvements will be concluded. After reviewing and discussing the proposal, the Board
voted 5-0 (Joseph Pike and Charles Walker absent) to recommend that the request be
approved and that the parcels to be annexed continue to be subject to Palm Beach County
Land Use and Zoning designations until the City adopts a comprehensive plan
amendment and related zonings.
At this point, Commissioner Archer and Mayor Perlman returned to the
dais and brief discussion by the Commission followed.
Mr. Levinson moved to approve Ordinance No. 15-05 on FIRST Reading,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes. Said motion passed with a 5 to 0 vote.
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04/05/05
12.C. ORDINANCE NO. 14-05: Voluntary annexation of fifteen (15) parcels
of land within Country Club Acres, located on the east side of Military Trail, south of
West Atlantic Avenue. Ifpassed, a public hearing will be scheduled for April 19, 2005.
The caption of Ordinance No. 14-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
ANNEXING TO THE CITY OF DELRA Y BEACH,
PARCELS OF LAND LOCATED IN COUNTRY
CLUB ACRES SUBDNISION, AS MORE
PARTICULARLY DESCRIBED HEREIN, WHICH
LAND IS CONTIGUOUS TO EXISTING
MUNICIP AL LIMITS; REDEFINING THE
BOUNDARIES OF THE CITY TO INCLUDE SAID
LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTNE DATE.
(The official copy of Ordinance No. 14-05 is on file in the City Clerk's
office. )
Brian Shutt, Assistant City Attorney, read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated the subject property
consists of 2.88 acres ofland and involves fifteen (15) parcels ofland. The fifteen (15)
individual lots contain twelve (12) single family residential homes, and three (3) are
vacant parcels. These property owners have signed voluntary annexation agreements
approximately two months ago with the City of Delray Beach and are part of an overall
annexation of the entire subdivision. Mr. Dorling stated the Future Land Use and the
associated zonings will be part of Comprehensive Plan 2005-01.
At its meeting of March 21, 2005, the Planning and Zoning Board held a
public hearing in conjunction with this request. There was public testimony from one of
the residents (property owner) and her main concern was the approximate date in which
improvements will be concluded. After discussing the proposal, the Board voted 5-0
(Joseph Pike and Charles Walker absent) to recommend that the request be approved and
that the parcels to be annexed continue to be subject to Palm Beach County Land Use and
Zoning designations until the City adopts a comprehensive plan amendment and related
zomngs.
Mrs. Ellis moved to approve Ordinance No. 14-05 on FIRST Reading,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor
Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy
- Yes. Said motion passed with a 5 to 0 vote.
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04/05/05
12.D. ORDINANCE NO. 20-05: City initiated amendment to Land
Development Regulations (LDR) Section 4.4.6, "Medium Density Residential (RM)
District", modifying the development standards in conjunction with the implementation
of the Southwest Area Neighborhood Redevelopment Plan. If passed, a public hearing
will be scheduled for April 19, 2005.
The caption of Ordinance No. 20-05 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 SUBSECTION 4.4.6(F), "DEVELOPMENT
STANDARDS"; AND SUBSECTION 4.4.6(G),
"SUPPLEMENTAL DISTRICT REGULATIONS," IN
ORDER TO CLARIFY THAT CERTAIN PROVISIONS
OF THE SOUTHWEST NEIGHBORHOOD OVERLAY
DISTRICT ONLY APPLY TO DUPLEX AND MULTI-
FAMILY DEVELOPMENT THAT CONTAINS A
COMPONENT OF WORKFORCE HOUSING AS
PROVIDED BY ARTICLE 4.7; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 20-05 is on file in the City Clerk's
office.)
Brian Shutt, Assistant City Attorney, read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated on February 15,
2005, the City Commission adopted amendments to the LDR's to modify the RM
(Medium Density Residential) zoning district regulations to implement the density
proVISIons In the Workforce Housing Ordinance. This amendment included
modifications to certain development standards so that 24 units per acre could be
accommodated within the Southwest Neighborhood Overlay District and also included
reductions in setbacks and clarification with respect to parking. Although the intent of
these modifications was to allow for increased density in developments providing
Workforce Housing, the specific language of the amendment failed to make this
distinction. Therefore, as currently implemented, the new standards apply to all
development within the Overlay District. The amendment at this time is being proposed
to correct this error by limiting the setback reductions/changes to developments providing
workforce housing.
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04/05/05
- - --------
At its meeting of March 21, 2005, the Planning and Zoning Board held a
public hearing regarding this item and there was no public input. The Board voted 5-0
(Joseph Pike and Charles Walker absent), to recommend approval of the amendment as
proposed by adopting the findings of fact and law contained in the staff report.
Ms. McCarthy moved to approve Ordinance No. 20-05 on FIRST
Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows:
Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Perlman - Yes. Said motion passed with a 5 to 0 vote.
12.E. ORDINANCE NO. 13-05: City initiated corrective Future Land Use
Map Amendment (FLUM) from CF (Community Facilities) and LD (Low Density
Residential 0-5 dwelling units per acre) in part, to LD (Low Density Residential 0-5
dwelling units per acre) and rezoning from CF (Community Facilities) to R-1-AA (Single
Family Residential) for properties generally located on the west side of S.B. 7th Avenue,
approximately 145 feet south of S.E. 2nd Street. If passed, a public hearing will be
scheduled for April 19, 2005.
The caption of Ordinance No. 13-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
CHANGING THE FUTURE LAND USE MAP
DESIGNATION IN THE COMPREHENSIVE PLAN
FROM CF (COMMUNITY FACILITIES) IN PART
AND LD (LOW DENSITY RESIDENTIAL 0-5
DU/ AC) IN PART TO LD (LOW DENSITY
RESIDENTIAL 0-5 DU/ AC), AND REZONING AND
PLACING LAND PRESENTLY ZONED CF
(COMMUNITY FACILITIES) DISTRICT TO R-1-AA
(SINGLE FAMILY RESIDENTIAL) DISTRICT; SAID
LAND BEING A PARCEL OF LAND LOCATED ON
THE WEST SIDE OF SE 7TH A VENUE,
APPROXIMATELY 145 FEET SOUTH OF SE 2ND
STREET, AS MORE PARTICULARLY DESCRIBED
HEREIN; ELECTING TO PROCEED UNDER THE
SINGLE HEARING ADOPTION PROCESS FOR
SMALL SCALE LAND USE PLAN AMENDMENTS;
AMENDING "ZONING MAP OF DELRA Y BEACH,
FLORIDA, JULY 2004; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 13-05 is on file in the City Clerk's
office. )
Brian Shutt, Assistant City Attorney, read the caption of the ordinance.
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04/05/05
------ -~------
Paul Dorling, Director of Planning and Zoning, stated these amendments
are City initiated however was brought to staffs attention by one of the property owners
who discovered when he was interesting in selling his property that his property has a CF
(Community Facilities) zoning designation on it. The existing FLUM designation of CF
(Community Facilities) and zoning of CF are inappropriate for the property given the
existing use of the properties. The FLUM amendment and rezoning will correct a
mapping error and result in FLUM and zoning consistency for the properties.
At its meeting of March 21,2005, the Planning and Zoning Board held a
public hearing in conjunction with the request. There was no public testimony regarding
the proposal. After reviewing and discussing the proposal, the Board voted 5-0 (Joseph
Pike and Charles Walker absent) to recommend approval of the corrective Future Land
Use Map amendment and rezoning.
Mrs. Archer moved to approve Ordinance No. 13-05 on FIRST Reading,
seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Archer-
Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes.
Said motion passed with a 5 to 0 vote.
12.F. ORDINANCE NO. 24-05 : City Initiated amendment to Land
Development Regulations (LDR) Section 4.5.1 (C)(5), "Designation Procedures",
concerning the freeze period on the issuance of permits during the Historic District
designation process. Ifpassed, a public hearing will be scheduled for April 19, 2005.
The caption of Ordinance No. 24-05 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 4.5.1, "HISTORIC
PRESERVATION SITES AND DISTRICTS",
SUBSECTION 4.5.1(C), "DESIGNATION
PROCEDURES", BY REMOVING THE
RESTRICTION ON ISSUING BUILDING PERMITS
DURING THE DESIGNATION PROCESS;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 24-05 is on file in the City Clerk's
office. )
Brian Shutt, Assistant City Attorney, read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated the proposed
amendment to the LDR's is to eliminate the freeze period on the issuance of permits once
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04/05/05
a public hearing date for a historic designation is established. Currently the LDR's state
that once a public hearing date is established for consideration of a historic district that all
building permits be put on hold. The provision is a moratorium on development activity
until a decision is made concerning the designation. The City Commission felt it was
unfair to not issue a permit or to require the redesign of the project in light of pending
designations. There was also a concern that this provision eliminated the option of taking
additional time to educate the public on the benefits of historic districts, given the
pressures to reach a conclusion quickly.
At its meeting of March 21,2005, the Planning and Zoning Board held a
public hearing regarding the proposed text amendment and there was no public testimony
regarding the proposal. After discussing the amendment, the Board voted 5-0 (Joseph
Pike and Charles Walker absent) to recommend approval of the proposed amendment. At
its meeting of March 16, 2005, the Historic Preservation Board (HPB) reviewed and
recommended denial of the proposed text amendment to eliminate the current provision.
The Board felt that the regulation currently in effect should be modified to state that
during the designation process that in order to obtain a permit the applicant may process a
Certificate of Appropriateness (COA) application as if the property was within a
designated historic district, which would be reviewed based on the historic preservation
criteria and design guidelines and require HPB approval. Staff recommends approval as
written and as supported by the Planning and Zoning Board.
Mr. Levinson moved to approve Ordinance No. 24-05 on FIRST Reading,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs.
Archer - Yes. Said motion passed with a 5 to 0 vote.
12.G. ORDINANCE NO. 21-05: An ordinance amending Chapter 99, "Noise
Control", of the City Code of Ordinances to provide an updated noise control ordinance
referencing current zoning districts. If passed, a public hearing will be scheduled for
April 19, 2005.
The caption of Ordinance No. 21-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING TITLE 9, "GENERAL REGULATIONS",
BY AMENDING CHAPTER 99, "NOISE CONTROL",
OF THE CODE OF ORDINANCES OF THE CITY OF
DELRA Y BEACH, FLORIDA, TO PROVIDE AN
UPDATED NOISE CONTROL ORDINANCE
REFERENCING CURRENT ZONING DISTRICTS;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 21-05 is on file in the City Clerk's
office.)
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04/05/05
Brian Shutt, Assistant City Attorney, read the caption of the ordinance and
announced Terrill Barton, Assistant City Attorney, is present this evening for any
questions.
Ms. McCarthy commended Terrill Barton for a wonderful update.
However, she asked what a 10 dBA is and what noise level this would be.
The City Manager stated on page two of the ordinance there is a definition
of Decibel (dB).
Brief discussion between the Commission and Mrs. Barton followed.
Mr. Levinson moved to approve Ordinance No. 21-05 on FIRST Reading,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes. Said motion passed with a 5 to 0 vote.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manae:er
With regard to a suggestion made by Commissioner Levinson about
making people aware of the Federal Credit Union on West Atlantic Avenue, the City
Manager stated staff will send out a flyer to the Southwest President's Alliance, the
parents of the Beacon Center, and Pine Grove, etc. In addition, the City Manager stated
the Credit Union will be doing a mailing directly to African-American residents in the
targeted area.
13.B. City Attornev
Brian Shutt, Assistant City Attorney, had no comments or inquiries on
non-agenda items.
13.C. City Commission
13.C.!. Mr. Levinson
Mr. Levinson stated he attended the Police Volunteer Luncheon today and
a few people mentioned to him that they like receiving the News for Neighborhoods.
Secondly, he stated Mr. Joe Gray gave him a copy of the West-Side
Neighborhood News and feels it is terrific.
He stated at the Intergovernmental Issues Forum the Palm Beach County
Emergency Management staff made a presentation regarding the After Action Report.
Mr. Levinson commented that the staff stated Palm Beach County and cities need to be
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04/05/05
self-sufficient after a hurricane and he is very pleased with the report. He stated that he
hopes the City of Delray Beach has its own After Action Report.
Mr. Levinson stated he ran into Sam Ferreri last Monday who told him the
Board voted to proceed with the sale of the facility and directed their Executive Director
to negotiate a contract with the City of Delray Beach.
13.C.2. Ms. McCarthv
Ms. McCarthy commended Brian Shutt, Assistant City Attorney, for a job
well done this evening.
Secondly, she stated she attended the TED Center Annual meeting to
discuss their Annual Report and feels they did a nice job. Ms. McCarthy commented Mr.
Joe Gray (consultant for the City of Delray Beach) and his wife were in attendance as
well.
13.C.3. Mrs. Ellis
Mrs. Ellis offered thanks to staff for their enduring patience as she is still
learning and encouraged the Commission to share any suggestions they may have
regarding the monumental amounts of information she is being presented with.
13.C.4. Mrs. Archer
Mrs. Archer apologized profusely for not being at the Police Volunteer
Luncheon held today because she inadvertently wrote down that the luncheon was next
Tuesday.
13.C.5. Mavor Perlman
Mayor Perlman stated he attended the Volunteer Luncheon today and it
was well attended.
Secondly, he stated the City is making headway with regard to the
Alzheimer's property.
Mayor Perlman stated he attended Matthew "Bump" Mitchell's retirement
dinner and noted Mr. Mitchell retired after 37 years of service with the City of Delray
Beach. Mayor Perlman stated it was a tremendous tribute to Mr. Mitchell and
commented he wished there was a way to capture the history when someone with this
much tenure retires.
There being no further business, Mayor Perlman declared the meeting
adjourned at 8:00 p.m.
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04/05/05
City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on April 5, 2005, which Minutes were formally approved and adopted by the City
Commission on
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
- 31 -
04/05/05
SPECIAL MEETING
APRIL 12, 2005
A Special Meeting of the City Commission of the City of Delray Beach, Florida, was
called to order by Mayor Jeff Perlman in the First Floor Conference Room at City Hall at 6:10 p.m.,
on Tuesday, April 12, 2005.
Roll call showed:
Present - Commissioner Patricia Archer
Commissioner Rita Ellis
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Mayor Jeff Perlman
Absent - None
Also present were - City Manager David T. Harden
City Attorney Susan A. Ruby and
City Clerk Chevelle D. Nubin
Mayor Perlman called the meeting to order and announced that it had been called for
the purpose of considering the following item:
1. CONTRACT AWARD/ROBBINS SPORT FLOORS: Approve a contract award to
Robbins Sport Floors in the amount of $67,000.00 for the replacement of the gymnasium
floor at Pompey Park. Funding is available from 380-4150-572-63.02 (2004 G.O.
Bond/Parks & Recreation/Pompey Park Gym Floor).
David T. Harden, City Manager, stated the floor was last replaced in 1998. However, there
were problems with the composition floor coming up and after numerous attempts to repair
it would like to replace the floor and install a new wood system with its own vapor barrier.
Mrs. Archer inquired as to how long it will take to replace the floor and Joe Weldon, Parks
and Recreation Director, stated it will take approximately 6-8 weeks. Mr. Levinson asked if
the floor could be replaced any faster due to the high volume of use of the gymnasium.
Mr. Levinson moved to approve the contract award to Robbins Sport Floors in the amount
of $67,000.00 for replacement of the gymnasium floor at Pompey Park, seconded by Mrs.
Archer. Upon roll call, the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer -
Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed
5-0.
Mayor Perlman declared the Special Meeting adjourned at 6:15 p.m.
---
City Clerk
A TIEST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the tvlinutes of the Special Meeting of the City Commission held on
Tuesday, April 12, 2005, which Minutes were formally approved and adopted by the City
Commission on April 19, 2005.
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 amendments, additions or deletions to
the Minutes as set forth above.
2 April 12, 2005
01<
tlft1
WHEREAS, Uriel Neto has been a Palm Beach County Assistant State Attorney
since March, 2000; and
WHEREAS, Uriel has been the City of Delray Beach's Weed and Seed
Prosecutor since December, 2002; and
WHEREAS, Uriel attends monthly City of Delray Beach Weed and Seed
Neighborhood Advisory Board Meetings; and
WHEREAS, Uriel works closely with the City of Delray Beach Police Department
and is responsible for the following prosecution efforts from January 31, 2003 through
January 4, 2005:
. Filed 540 cases through the Delray Beach Police Combat Unit
. 67.5% of the cases were filed as possessions or sales of a controlled
substance at their primary offense
. Seven cases were adopted by federal agencies
. 93% of the cases reaching disposition shows conviction through jury trial
or guilty pleas
. Average incarceration - 27 months in the Department of Corrections
. 19 search warrants and 5 mobile tracking device orders reviewed
WHEREAS, Uriel oversees the 'Welcome Home" Program and continually
participates in multiple community functions.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach,
Florida, on behalf of the City Commission, do hereby recognize and commend Assistant
State Attorney
URIEL NETO
for his many accomplishments and his valuable contributions to the Citizens of Delray
Beach.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official
Seal of the City of Delray Beach, Florida, to be affixed this 19th day of April, 2005.
JEFF PERLMAN
MAYOR
191\
ok
/19
WHEREAS, the nearly 2.7 million registered nurses in the United States comprise our
nation's largest health care profession; and
WHEREAS, the depth and breadth of the registered nursing professional meets the
different and emerging health care needs of the American population in a wide range of settings; and
WHEREAS, the American Nurses AssociatlOn, as the voice for the registered nurses of this
country, is working to chart a new course for a healthy natlon that relies on increasing delivery of
primary and preventative health care; and
WHEREAS, a renewed emphasis on primary and preventative health care will require the
better utilization of all of our nation's registered nursing resources, and
WHEREAS, professional nursing has been demonstrated to be an indispensable
component in the safety and quality of care of hospitalized patients; and
WHEREAS, the demand for registered nursing services will be greater than ever because of
the aging of the American population, the continuing expansion of life-sustaining technology, and
the explosive growth of home health care services; and
WHEREAS, more qualified registered nurses will be needed in the future to meet the
increasingly complex needs of health care consumers In this community; and
WHEREAS, the cost-effective, safe, and quality health care services provided by registered
nurses will be an ever more important component of the United States health care delivery system in
the future; and
WHEREAS, along with the American Nurses Association, Liberty Inn has declared the
week of May 6-12, 2005 as National Nurses Week with the theme "Nurses: Many Roles, One
Profession" in celebration of the ways in which registered nurses strive to provide safe and high
quality patient care and map out the way to improve our health care system.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida,
on behalf of the City Commission, do hereby proclaim May 6, 2005 as
NURSE'S DAY
in Delray Beach, Florida and urge our residents to show support and appreciation for our local
registered nurses who care for all of us and join in celebrating the registered nursing's
accomplishments and efforts to improve our health care system.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of
the City of Delray Beach, Florida, to be affixed this 19th day of April, 2005.
JEFF PERLMAN
MAYOR
~B
~
WHEREAS, the open exchange of public discourse is essential to the
democratic system of government; and
WHEREAS, as a cornerstone of democracy Americans have observed certain
rules of behavior generally known as civility; 'and
WHEREAS, civility, derived from the Latin words "civitas" meaning city and
"civis" meaning citizen, is behavior worthy of citizens living in a community or in
common with others; and
WHEREAS, displays of anger, rudeness, ridicule, impatience, and a lack of
respect and personal attacks detract from the open exchange of ideas, prevent fair
discussion of the issues, and can discourage individuals from participation in
government; and
WHEREAS, civility can assist in reaching consensus on diverse issues and
allow for mutually respectful ongoing relationships; and
WHEREAS, civility can uplift our daily life and make it more pleasant to live in
an organized society; and
WHEREAS, the City, County, and Local Government Law Section of the
Florida Bar urges the adoption of a pledge of civility by all citizens in the State of
Florida.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Dekay
Beach, Florida, on behalf of the City Commission, do hereby proclaim May 2005 as
CIVILITY MONTH
in Delray Beach and urge all citizens to exercise civility toward each other.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
Official Seal of the City of Delray Beach, Florida, to be affixed this 19th day of April,
2005.
JEFF PERLMAN
MAYOR
ls2C-
,-\~'>' t~
P!1(OCL.9J8vl9LTIO:J{
Whereas} the open exchange of public dIscourse is essenttal to the democratic system of
government; and
Whereas} as a cornerstone of democracy Americans have observed certam rules of behavior
generally known as civihty;
Whereas} cIvihty, derived from the Latin words "civitas" meaning city and "civis" meaning
cittzen, is behavior worthy of cIttzens living in a community or in common with others; and
Whereas} displays of anger, rudeness, ridicule, impatience, and a lack of respect and
personal attacks detract from the open exchange of ideas, prevent fair discussIon of the issues, and can
discourage indIVIduals from partiCIpation in government; and
Whereas} civility can assist m reaching consensus on diverse issues and allow for mutually
respectful ongoing relationshIps; and
Whereas} civility can uplift our daily life and make it more pleasant to live in an organized
society; and
Whereas} the City, County and Local Government Law Section of The Flonda Bar urges
the adoption of a pledge of clV1lity by all cittzens in the State ofFlonda.
9{pw} therefore} be it reso[ve~ by the City Commission of the City of
that the month of May IS proclaimed as CIvility Month, and calls
upon all citizens to exercise civility toward each other.
Passed and adopted this day of ,2005.
ATTEST:
CLERK
t CITY COMMISSION DOCUMENTATION l~f
TO: DAV~R~TY MANAGER
THRU: PAU DORLlN ,DI CTOR OF PLANNING AND ZONING
FROM: NGUYEN TRAN, SE OR PLANNER ~""^-
SUBJECT: MEETING OF APRIL 19, 2005 * * * CONSENT AGENDA * * *
APPROVAL OF A FINAL SUBDIVISION PLAT FOR HERITAGE CLUB REPLAT, A
57-LOT, FEE-SIMPLE TOWNHOUSE DEVELOPMENT LOCATED ON THE SOUTH
SIDE OF SE 10TH STREET, APPROXIMATELY 330' WEST OF SOUTHBOUND
FEDERAL HIGHWAY (U.S. 1).
I BACKGROUND I
The subject property is a replat of Heritage Club (Plat Book 100, Pages 152-153) and contains
approximately 4.794 acres. During construction, it was discovered that some platted lot sizes needed
to be readjusted to accurately reflect the location of common walls (Le. property lines between units).
The modification of these lot lines requires a replat of the property. Please refer to the attached
Planning and Zoning Board Memorandum Staff report for a complete list of affected lots.
The plat currently before the City Commission is required for Multi-family townhouse type
developments.
l ... PLAT DESCRIPTION I
The proposed plat contains 57 townhouse lots. The number of lots, dedication language, plat
boundaries and final engineering plans for Heritage Club Replat all remain the same as the original plat
of Heritage Club. Positive findings with respect to LOR Section 3.1.1, Section 3.2.3 and Objectives and
Policies of the Comprehensive Plan were made with the original Heritage Club Site Plan and the lot
adjustments on the replat of Heritage Club will not have a negative impact on these findings.
I PLANNING AND ZONING BOARD CONSIDERATION I
The Planning and Zoning Board will consider the proposed plat at their meeting of April 18, 2005. Due
to the short meeting schedule between the Planning and Zoning Board meeting of April 18, 2005 and
the City Commission meeting of April 19, 2005, a formal recommendation from the Planning and
Zoning Board could not be included at the time this report was written. All technical items have been
satisfactorily addressed and the action taken by the Planning and Zoning Board will be reported to City
Commission at their meeting.
I RECOMMENDED ACTION ~
Move approval of the request for final plat approval for Heritage Club Replat, by adopting the findings
of fact and law contained in the Planning and Zoning memorandum staff report of April 18, 2005, and
finding that the request and approval thereof is consistent with the Comprehensive Plan and meets
criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or
Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications)
of the Land Development Regulations.
Attachments
. Location Map, Plat of Hentage Club Replat. Plat of Hentage Club
. Planning and ZOning Board memorandum staff report of Apnl18. 2005
S IPlannlng & ZonlnglBOARDSICITY COMMISSIONIHentage Club Replat doc
~f\
-. I J . BARNE TT. j 0 I
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1 COMMONS w w > BUILDI G 15 S E 8~)-
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_ <.> SE '----en:;-- ST_
- ::: OIID ~ I~ BARNETT I CLUB REPLAT
_. ~ DRIVE:-THRU ~,.--
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- <( == L- . 5TH AVE" ~ ~ (F.K.A. PARKPLACE)
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T t AQjs.E. 10TH err fil SUPPLEMENTAL
~ I : L Li.. lL. I INFORMA TION
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f=J DELRA Y I GREENS t<N piARt< ( PCN# 12-43-46-21-09-001-0110
/.AJ ~ f--- / . r APPROXIMATEACREAGE 480
>< /-----;;:,. I--- PLACE I
is ~ i--J !!;J ABRIDGED LEGAL
~ XECUTlVE -\. /J DESCRIPTION
~ ~ =J UARTERS' A~ MODEL LAND COS SUB
m t;:;' 9:- OF W 1/2 E 1/4
o _ CONDOS <:i ~ OF LOT 5 BLK 1 (LESS
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.-= I / r -~ I ZONING RM(MULTIPLEFAMILY
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CENTRAL AVE = TRAILER S E 12TH RD / I < FLUM TRN (TRANSITIONAL)
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- I ~ TOWNHOUSE DEVELOPMENT
COLLINS AVENUE "' HARBOUR ( ~ TRAFFIC ANAL YSIS ZONE #539
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,--- C' CENSUS TRACT & BLK GROUP
If~ I ~ TRT #6502 & BG-2
I' DOMAINE I-
0' DELRA Y Z
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J HA RS .t ZONINC DEPARTMENT
THE , EDGE
PLAZA :ANYAN TREE N
AT LINTON i VILLAGE +
DELRA Y WOODS I L--J
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~~ TREE LANE
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~ HARBOURS S
EDGE LONC-RANCE DIYISION
~ OLD HARBOUR DICITAL BASE-MAPPINC .t
J'~ PLAZA CEOCRAPHIC INFORMATION
~ ~~
4!' MAP REFERENCE,: LM679
i -- FEBRUARY 2003 --
LINTON BOULEVARD
\SUN BANK/ / : ~
. I NA TlONS I i I I I I I I
BURGER / I BANK MC CLEARY ST
KING '\ I I I I i
LINTON ~ I
r-----I CENTER I-- / I I i I! i I /
pEl~': 8EA~H '., I" .: ." DElUYBUCH
...ft.... PLANNING AND ZONING BOARD ~
AII-MIerlca ClIy -City
"lit' MEMORANDUM STAFF REPORT ' III I,!
l'J'H 19q1
2001 2001
Meeting Date: April 18, 2005
Agenda Item: V.B.
Project Name: Heritage Club Replat
Project Location: South side of SE 10th Street, approximately 330' west of
Southbound Federal Highway (U.S.1)
I~-~"".~~~--- --~~:_~~~-..~" ..~tEM7'::BEF~RE--THE BOARD ---.---'--'-~':' .
. .
The item before the Board is that of approval of a combined preliminary/final plat for a
57 -unit, two and three-story fee simple townhouse development known as Heritage
Club Replat.
r'- ----.. - ---.- -- . .- ------ -- - . - - BACKbROlJND' . ""
. ,to' ~ :- .
The subject property is located on the south side of SE 10th Street, approximately 330'
west of southbound Federal Highway and consists of approximately 4.794 acres. At it's
meeting of February 12, 2003, the Site Plan Review and Appearance Board granted site
plan approval for a 57-unit, fee-simple townhouse development on the subject property,
subject to the condition that the property be platted. At its meeting of August 18, 2003,
the Planning and Zoning Board approved the Preliminary Plat and Certified the Final
Plat for Heritage Club. At its meeting of November 18, 2003, the City Commission
approved the Final Plat for Heritage Club. The plat for Heritage Club was recorded in
December of 2003 in Plat Book 100, Pages 152-153.
During construction, it was discovered that some platted lot sizes needed to be
readjusted to accurately reflect property lines between units. The modification of lot
lines requires a replat of the property.
The plat currently before the Board reconfigures more than 3 lots; therefore, by
definition is considered a major subdivision and is subjected to Preliminary Plat
approval by the Planning and Zoning Board prior to City Commission final action.
I-~'~:~~'--: -~--. - - . -;-- :~. ;.;.. - . ,', . ..-- - - . ...n - - ""'
ANAL YSIS
. - ...
Heritage Club Replat is a replat of Heritage Club (PB 100, PGS 152-153) recorded in
December of 2003. The number of Lots, Dedication Language, Plat Boundaries and
Final Engineering Plans for Heritage Club Replat all remain the same as the first plat of
Heritage Club. Positive findings with respect to LDR Section 3.1.1, Section 3.2.3 and
Objectives and Policies of the Comprehensive Plan were made with Heritage Club and
the Lot adjustments on the plat of Heritage Club Replat will not have a negative impact
on these findings. It should be noted that Tract "K", dedicated as right-of-way on the
Planning and Zoning Board Staff Report
Meeting of Apnl18, 2005
Heritage Club Replat
Page 2
plat of Heritage Club, is not included as part of this plat; therefore the total number of
dedicated Tracts for Heritage Club Replat is decreased by one. The following table
below depicts the Lots to be resized, their current lot width (in feet), their proposed lot
width (in feet) and the total amount of adjustment (in feet).
------- - - - --- .-.
Lot Current Lot Width (ft) Proposed Lot Width (ft) Total
Number Heritage Club Heritage Club ~~p-Iat_ Adiu_st~~nt (ft)
n_
1 41.67 42.00 +0.33
5 49.83 49.50 -0.33
6 49.83 49.50 -0.33
10 66.51 66.85 +0.34
21 34.67 35.00 +0.33
22 34.67 35.33 +0.66
28 29.36 29.03 -0.33
29 28.26 27.93 -0.33
35 34.67 35.33 +0.66
47 74.25 74.58 +0.33
49 49.83 49.50 -0.33
50 49.17 49.50 +0.33
52 49.83 49.50 -0.33
53 49.83 49.50 -0.33
57 49.17 49.50 +0.33
Tract F 83.02 82.36 -0.66
Tract G 75.33 75.00 -0.33
-----
Please note: Plus (+) symbols represent an increase and Minus (-) symbols represent a decrease in overall lot width
by the amount shown.
1'---'''- . . . :'.-:;~'- -. -- ""7iiEcOM"rJlEtiDE'o . ACTION -- -.-- . . . ... . .
. '. t,.. ...
. . . _. n. . .... .- ...... .
Move a recommendation of approval to the City Commission of the request for a Final
Plat approval for Heritage Club Replat, 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 Section 2.4.5(J)
(Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and
Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of
the Land Development Regulations.
Attachments:
. location Map
. Reduced Plat for Heritage Club Replat
. Reduced Plat for Heritage Club
S:\Planning & Zonmg\BOARDS\P&Z BOARD\Hentage Club Replat.doc
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cK
r CITY COMMISSION DOCUMENTATION 1110
TO: OAT~~MANAGER
THRU: PAU ORLlNG, 01 TOR OF PLAN~G ~NING
FROM: NGUYEN TRAN, SE R PLANNER -1 n '
SUBJECT: MEETING OF APRIL 19,2005 * * * CONSENT AGENDA * * *
APPROVAL OF A FINAL SUBDIVISION PLAT FOR TROPIC ISLES TOWNHOMES, A
PROPOSED 8-LOT, FEE-SIMPLE TOWNHOUSE DEVELOPMENT, LOCATED ON
THE NORTHWEST CORNER OF FREDERICK BOULEVARD AND AVENUE H.
~ BACKGROUND 1
The subject property consists of Lots 14-22, Block 26 of Del-Raton Park and contains approximately 0.69
acre. The site was previously approved for a 6-lot townhouse development with the same name in
December of 2000, but was never constructed. The property has an extensive land use history and the
following are the most recent land use actions regarding the subject property. At its meeting of November
10, 2004, the Site Plan Review and Appearance Board granted site plan approval for an 8 unit, fee simple
town house development. At its meeting of November 15, 2004, the Planning and Zoning Board certified the
preliminary plat and recommended approval of the final plat to the City Commission with conditions.
Additional background and a complete analysis of the request are found in the attached Planning and
Zoning Board report.
I PLAT DESCRIPTION I
The proposed plat consists of an 8-lot, townhouse type development to be constructed on lots that range
from 20.42' to 40.08' wide by 95' to 98.8' deep. The development will consist of two 2-story units containing
4 units each. All units include two-car garages and 5 of the 8 units will have individual swimming pools. A
center motor court will be constructed with a cobblestone pattern and has been dedicated to the
Homeowner's Association on the plat as Tract "A. Tract "An will take direct access from Avenue "Hn which
will be fully improved and upgraded with this development proposal. Pedestrian access will be provided via
a proposed 5' wide concrete sidewalk on the south side of the site within Avenue H right-of-way and via an
existing 5' wide concrete sidewalk along Frederick Boulevard right-of-way.
t PLANNING AND ZONING BOARD CONSIDERATION I
The Planning and Zoning Board considered the proposed plat at their meeting of November 15, 2004. After
reviewing the staff report, the Board voted 5 to 0 (Johnny Kincaid absent) to approve the preliminary plat
and to recommend to the City Commission approval of the final plat of Tropic Isles Townhomes. All
technical items have been satisfactorily addressed.
1 RECOMMENDED ACTION 1
Move approval of the request for final plat approval for Tropic Isles Townhomes, by adopting the findings
of fact and law contained in the Planning and Zoning staff report of November 15, 2004, and finding that the
request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in
Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and
Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land
Development Regulations.
Attachments
. Location Map, Reduced Survey and Reduced Plat
. Planning and ZOning Board staff report of November 15, 2004
S \Plannlng & ZOnlng\BOARDS\CITY COMMISSION\Troplc Isles Townhomes-plat doc
3B
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PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: November 15,2004
AGENDA ITEM: V.A.
ITEM: Combined Preliminary/Final Subdivision Plat Approval For Tropic Isles
Townhomes, A Proposed 8-Lot Subdivision, Located on the Northwest corner of
Frederick Boulevard and Avenue "H".
GENERAL DATA:
SHERWOOD
PONnAC
Owner/Applicant........... Tropic Isles Townhomes, LL.C.
Agent............................ Robert Battaglia, PLS ';!
Location........................ Northwest corner of Frederick ..
0
Boulevard and Avenue H.
Property Size................ 0.698 Acres
Future Land Use Map... Transitional
Current Zoning.............. RM (Multiple Family
Residential - Medium Density)
Adjacent Zoning..North: RM (Multiple Family
Residential - Medium Density)
East: RM (Multiple Family
Residential - Medium Density)
South: PC (Planned Commercial) and RM
(Multiple Family ~
""
'"
Residential - Medium Density) "'
'"
t!
West: PC (Planned Commercial)
Existing Land Use......... Vacant land
Proposed Land Use...... Construction of an eight (8) unit
townhouse development.
Water Service............... Available via connection to a mOPle
\1EW
proposed 8" water main in Avenue H. "
Sewer Service............... Available via 6" sewer laterals to a '"
~
proposed 8" sewer main in Avenue l);
H.
V.A.
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I~I .. rIl"~ ,... : I, ..: . 'ITEM::;SEFORE. THE~:':,BOARD' 'i~" ...,
.. ',:10 ..
. .
The item before the Board is that of approval of a preliminary plat and certification of a
final plat for a 0.69 acre, 8-lot townhouse development to be platted as Tropic Isles
Townhomes. The subject property is located on the northwest corner of Frederick
Boulevard and Avenue H.
This plat is being processed pursuant to LOR Section 2.4.5(J), Major Subdivisions.
: . .... :.~:..... "'!'~~:it'.., II .....~.II.I. ..,;:..,.....~....I ..."'...t.:,,::.... '..r.., ~""'..' II.. ~.: . ,. .'
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On July 25, 1989, the subject property was annexed into the City with the RM (Medium
to Medium High Density) zoning district designation via Ordinance 38-89, pursuant to the
City of Delray Beach Enclave Act (Enclave 50). Prior to October, 1990, the RM zoning
district had a density range from 7-10 units per acre. With the Citywide rezoning and
adoption of the Land Development Regulations in October, 1990, the RM zone district
was modified to allow a density range from 6-12 units per acre.
On June 8, 1998, the Site Plan Review and Appearance Board granted site plan
approval for a 3 unit fee simple townhouse on the eastern most lots (Lots 18-22) of the
subject property. Subsequent to the Board's approval the site was purchased by the
owner of the adjacent vacant parcel to the west (Lots 14-17), who applied for
abandonment of the 10' wide north/south alley that separated the properties to
accommodate expansion of the townhouse development. At its meeting of April 6, 1999,
the City Commission approved the abandonment request.
On December 20,2000, the Site Plan Review and Appearance Board granted site plan
approval (valid until June 20, 2002) for a 6 unit fee simple townhouse development on
Lots 14-22, Block 26, Del-Raton Park Subdivision.
At its meeting of June 12, 2002, the SPRAB approved the first extension of the site plan
approval for Tropic Isles Townhomes for an additional 18 months (valid until December
20,2003). At its meeting of December 17, 2003, the Site Plan Review and Appearance
Board approved the second extension of the site plan approval for Tropic Isles
Townhomes for an additional 18 months (valid until June 20, 2005). Construction has
not commenced to date and the site is vacant.
A six-lot final subdivision plat was submitted and scheduled to be considered by the
Planning and Zoning Board at its meeting of July 19, 2004, but was postponed by the
applicant to a later date pending the sale of the property. The site was subsequently
sold in August of 2004 and the project was modified to accommodate two (2) additional
units. Consequently, the final subdivision plat was reconfigured and amended to show
two additional lots.
At its meeting of November 10, 2004, the Site Plan Review and Appearance Board
granted site plan approval for an 8 unit, fee simple town house development.
The plat currently before the Board is required for multi-family/townhouse type
developments.
P&Z Board Staff Report
Tropic Isles Townhomes
Page 2
I ~ :~~.... .. f' ."'II!.. .;. .,~ P(~T' 'DES'CRIPTldN' ... I
. . The proposed plat consists of an 8-lot subdivision located on a 0.69 acre site having an
overall density of 11.59 units per acre. The townhouse structures will be developed on
lots that range from 20.42' to 40.08' wide by 95' to 98.8' deep.
The development proposal involves the construction of two 2-story townhouse structures
containing 4 units each. All 8 units include a two-car garage and 5 of the 8 units will
have individual swimming pools. Four (4) common guest spaces will be constructed
along the south side of the property and each of the 4 units along the west side of the
property will have a single guest parking space within the garage driveway. A motor
courtyard will be constructed with a cobblestone pattern and associated landscaping will
be installed throughout the site.
Vehicular access to all lots is provided via a motor courtyard dedicated as Tract "A".
Tract "A" is dedicated to the Homeowner's Association for common area, ingress-egress,
parking, landscaping, drainage and utility purposes and will be the maintenance
obligation of the future Homeowner's Association once formed. As noted in the
Technical Items (Appendix B) section included later with this report, Tract "A" was
mislabeled on the plat as "Common Area" and will need to be corrected with the next re-
submittal.
As there are only 8 units, it is not practical to require a tot lot or a recreational tract. As
previously mentioned, swimming pools will be constructed for 5 of the 8 units.
Pedestrian access is provided via a proposed 5' wide concrete sidewalk on the south
side of the site within Avenue "H" right-of-way and via an existing 5' wide concrete
sidewalk along Frederick Boulevard right-of-way. In addition, a 5' wide private access
and utility easement is being shown along the western portion of the site to provide
access to the rear of Lots 5, 6 and 7.
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Pursuant to Section 3.1.1 of the land Development Regulations, prior to approval
of development applications, certain findings must be made in a form which is
part of the official record. This may be achieved through information in the
application, the staff report, or minutes. Findings shall be made by the Board to
approve or deny the development application. These findings relate to Future
land Use Map Consistency, Concurrency and Consistency with the
Comprehensive Plan, and Compliance with the land Development Regulations.
Section 3.1.1 (A) - Future land Use Map: The resulting use of land or structures
must be allowed in the zoning district within which the land is situated and said
zoning must be consistent with the applicable land use designation as shown on
the Future land Use Map.
P&Z Board Staff Report
Tropic Isles Townhomes
Page 3
The subject property has a Future Land Use Map designation of TRN (Transitional) and
is currently zoned RM (Medium Density Residential). The RM zone district is consistent
with the TRN Future Land Use Map designation and the proposed multiple family
(townhouse) development is allowed as a permitted use in the RM zone district [ref. LDR
Section 4.4.6(B)(3)]. Based upon the above, it is appropriate to make a positive finding
with respect to consistency with the Future Land Use Map.
Section 3.1.1 (B) - Concurrency: Pursuant to Section 3.1.1 (B) Concurrency as
defined pursuant to Objective B-2 of the Future Land Use Element of the
Comprehensive Plan must be met and a determination made that the public facility
needs of the requested land use and/or development application will not exceed
the ability of the City to fund and provide, or to require the provision of, needed
capital improve-ments for the following areas:
Water and Sewer:
. Water service will be provided via connection to a proposed 8" water main within
Avenue H which will connect to an existing 8" water main in Frederick Boulevard.
. Sewer service will be provided via connection with 6" sewer laterals to a proposed 8"
sewer main within Avenue H which will connect to an existing 8" sewer main in
Frederick Boulevard.
. Fire protection will be provided via an existing fire hydrant at the southeast corner of
Frederick Boulevard and Avenue H as well as a new hydrant to be installed on the
south side of Avenue H near the southwest corner of the site.
The Comprehensive Plan states that adequate water and sewer treatment capacity
exists to meet the adopted LOS (Level of Service) at the City's build-out population
based on the current FLUM. The 8 unit multiple family residential development was
factored into the plan; thus, a positive finding with respect to this level of service
standard can be made.
Streets and Traffic:
The proposed 8-unit townhouse development will generate 8 peak p.m. vehicle trips onto
the surrounding roadway network. There is adequate capacity on the surrounding
roadway network to accommodate the additional trips. It is noted that according to the
Palm Beach County Traffic Performance Standards Ordinance, residential development
east of 1-95 are exempt from meeting concurrency. Thus, the proposal complies with the
Palm Beach County Traffic Performance Standards Ordinance. Based upon the above,
a positive finding can be made with respect to traffic concurrency.
Parks and Recreation Facilities:
The proposed 8 residential units will not have a significant impact with respect to level of
service standards for parks and recreation facilities. Pursuant to LDR 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 $4,000 will be required of this development
for parks and recreation purposes.
P&Z Board Staff Report
Tropic Isles Townhomes
Page 4
Solid Waste:
Trash generated each year by the 8 units is 15.92 tons of solid waste per year (8 units x
1.99 tons of solid waste per year = 15.92 tons). The trash generated by this proposal
can be accommodated by existing facilities; therefore, a positive tinding with respect to
this level of service standard can be made.
Drainaae:
Drainage is to be accommodated via sheet flow into swale areas. There are no
problems anticipated in complying with SFWMD requirements and thus, obtaining a
surface water permit.
Schools:
The Palm Beach County School District has approved the application for Concurrency
Determination for this 8 unit residential project.
Section 3.1.1 (g - Consistency: Pursuant to Section 3.2.1 (Basis for
Determining Consistency), the performance standards set forth in Section 3.2.3
(Standards for Site Plan and/or Plat Actions) shall be the basis upon which a
finding of overall consistency is to be made.
As described in Appendix "A", a positive finding for consistency can be made as it relates
to Standards for Plat Actions.
Section 3.1.1 (Q) - Compliance with the land Development Reaulations:
. lOR Section 4.3.3(0)(2) (Plat Required):
Each townhouse, or townhouse type, development shall be platted with a minimum
designation of the interior street system as a tract. When the dwelling units are to be
sold, each unit must be shown on the plat. As previously mentioned, a motor
courtyard is being shown on the plat and dedicated for ingress~egress, parking,
landscaping, drainage and utility purposes. All dwelling units are being shown as a
separate lot and the plat meets all other requirements.
. lOR Section 6.1.3(B)(2)(Sidewalk Desian Requirements):
Pursuant to LOR Section 6.1.3(8)(2), 5' wide sidewalks must be constructed within
the street right-of-way (or easement or tract) and must be constructed adjacent to the
right-at-way (easement or tract) line. A 5' wide concrete sidewalk is proposed within
the Avenue "H" right-of-way and a 5' wide concrete sidewalk currently exists within
the Frederick Boulevard right-at-way. Since both sidewalks are located within rights-
at-ways, sidewalk easements are not necessary.
P&z Board Staff Report
Tropic Isles Townhomes
Page 5
. LOR Section 5.3.1 (Riaht-of-Wav Dedication):
Per LOR Section 5.3.1 (A), streets, public or private, shall be shown on all subdivision
plats as tracts dedicated tor such purposes.
Pursuant to LOR Section 5.3.1 (0)(2), the required right-ot-way width tor Avenue H is
60 teet and 50 teet currently exists. Thus, this development is responsible tor
dedication ot an additional 5 teet ot right-ot-way. However, pursuant to LOR Section
5.3.1 (0)(4) (Reduction in Width), reduction in the required right-ot-way width may be
granted by the body having approval authority ot the associated development
application in which new streets are created provided the reduction is supported by
the City Engineer. The City Engineer has determined that the existing 50 teet ot right-
ot-way is adequate.
In addition, the required right-ot-way width tor Frederick Boulevard is 60 teet and 60
teet currently exists; theretore, no additional right-ot-way dedication will be required
along Frederick Boulevard.
. Section 6.1.2(A)(lmprovement Obliaations ):
Pursuant to Land Development Regulations (LOR) Section 6.1.2(A)(2), When the
street or alley is located on a boundary ot the project, the project is responsible tor
providing one-halt ot the current costs (in cash tunds) ot such improvements along its
property line unless the project requires greater participation.
Pursuant to LOR Section 6.1.2(A)(2)(a), when access to the project is provided trom
a local street and/or alley, then the project must provide appropriate traffic lanes
meeting requirements ot Section 5.3.1 (C) in order to provide continuous paved
access trom the nearest paved street or alley to the project in addition to the
improvements on its side ot the center line ot right-ot-way. Avenue "H" is an
unimproved right-ot-way. Since the development is taking access trom this
unimproved right-ot-way, the developer will be responsible tor improving Avenue "H"
trom Frederick Boulevard along the entire length ot the proposed site. As previously
mentioned, a reduction in the required right-ot-way width trom 60' to 50' was
approved tor Avenue "H".
Comprehensive Plan Policies:
A review ot the objectives and policies ot the Comprehensive Plan were conducted
with the Site Plan and all applicable objectives or policies along with a discussion on
how they are addressed is attached as Appendix "C".
~1.~'r!. . . '. . "#'~,.,.. .. . ( I,........ .c .... .. ",.
. ,,' '~:;tECHNiCAL 'iTEMS";' , '+"'~.:"" .':f' Technical comments trom the Planning & Zoning Department and Environmental
Services Department are attached as Appendix "B", and must be addressed prior to
P&Z Board Staff Report
Tropic Isles Townhomes
Page 6
scheduling of the plat for City Commission. While there are several comments, they are
minor in nature and will not impact the general plat diagram.
1':'"i:"'''~::I'''''''' ."':i'''....... '.. REVIEV""BY 'c)THERS : . :' ';.,
This project proposal is not within the geographical area requiring review by the Historic
Preservation Board (HPB), the Community Redevelopment Agency (CRA) and the
Downtown Development Authority (DDA).
Courtesy Notices:
A courtesy notice has been sent to the following neighborhood and civic associations:
o President's Council 0 Tropic Harbor
o PROD (Progressive Residents of Delray) 0 Tropic Bay
o Tropic Isles Civic Association
Letters of objection or support, if any, will be presented at the Planning and Zoning
Board meeting.
I' ,. ASSESSMENT' 'AND . CONCLUSION .. . :.1
The development proposal to construct an 8-unit townhouse development is consistent
with the Zoning and Future Land Use Map designation for the subject property. Positive
findings can be made with respect to LDR Section 3.1.1 (Required Findings for Land Use
and Land Development Applications), Section 3.2.3 (Standards for Site Plan and/or Plat
Actions) and Goals, Objectives and Policies of the Comprehensive Plan. The plat and
engineering plans will require technical modifications, as listed in "Appendix "B" -
Technical Items" section of this report, before it can advance to the City Commission.
'4ii:9!~""" : . :.@:,.j....::!....!:.,.,.,'IlIlI'!iT'.E.RN'A:T...IV.' E"'A' CTIONS :.....t... 'r. 'll':>,' . " .;~."':...1~;:..~
..~~~. . :~~!: ~.~I~~.~~ ' "r.." KL.! ;". .' ~:. ..~: ...\.1,.....
A. Continue with direction.
B. Approve the Preliminary Plat and certify the Final Plat as being in compliance with
the approved Preliminary Plat and forward a recommendation of Final Plat
approval to the City Commission for Tropic Isles Townhomes, 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 Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards
for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land
Use and Land Development Applications) of the Land Development Regulations,
subject to conditions.
C. Approve the preliminary plat, and require submittal of a final plat to be processed
separately.
P&z Board Staff Report
Tropic Isles Townhomes
Page 7
D. Deny the Preliminary Plat for Tropic Isles Townhomes, based upon a failure to
make positive findings of fact and law contained in the staff report, and failing to
make positive findings that the request and approval is not consistent with the
Comprehensive Plan and does not meet criteria set forth in Section 2.4.5(J)
(Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions)
and Section 3.1.1 (Required Findings for Land Use and Land Development
Applications) of the Land Development Regulations.
:.:;t~;t ; ~.{ 'Y:'~l STAFF RECOM~ENbA TlbN~:~~: ;.~:41~;'7\" : :'-. .~~~. "':~;':"~: ',~'
Approve the Preliminary Plat and certify the Final Plat as being in compliance with the
approved Preliminary Plat and forward a recommendation of Final Plat approval to the
City Commission for Tropic Isles Townhomes, 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 Section 2.4.5(J)
(Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and
Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of
the Land Development Regulations, subject to the following conditions:
1. That all comments under the "Technical Items" section (Appendix "8") of the
report be addressed prior to scheduling the plat for City Commission action.
Attachments:
. Appendix "An . Reduced Survey
. Appendix "B" . Reduced Plat
. Appendix "C" . Reduced Site Plan
. Location Map
P&Z Board Staff Report
Tropic Isles T ownhomes
Page 8
, :!J~'F!-!r '" . .141 . " '!'A'p"P E N'D., X' ..I.i";4.... '" ....~ ' ,,' -
~ ...... . - ..."" . ~'.' " .' ~. '.
,'~ ' , >
. . STANDARDS FOR PLA.T ACTIONS
A. Building design, landscaping, and lighting (glare) shall be such that they do not create
unwarranted distractions or blockage of visibility as it pertains to traffic circulation.
Not applicable
Meets intent of standard X
Does not meet intent
B. Separation of different forms of transportation shall be encouraged. This includes
pedestrians, bicyclists, and vehicles in a manner consistent with policies found under
Objectives 0-1 and 0-2 of the Transportation Element.
Not applicable
Meets intent of standard X
Does not meet intent
C. Open space enhancements as described in Policies found under Objective B-1 of the
Open Space and Recreation Element are appropriately addressed.
Not applicable X
Meets intent of standard
Does not meet intent
O. The City shall evaluate the effect that any street widening or traffic circulation
modification may have upon an existing neighborhood. If it is determined that the
widening or modification will be detrimental and result in a degradation of the
neighborhood, the project shall not be permitted.
Not applicable
Meets intent of standard X
Does not meet intent
E. Development of vacant land which is zoned for residential purposes shall be planned
in a manner which is consistent with adjacent development regardless of zoning
designations.
Not applicable
Meets intent of standard X
Does not meet intent
F. Vacant property shall be developed in a manner so that the future use and intensity
are appropriate in terms of soil, topographic, and other applicable physical
considerations; complementary to adjacent land uses; and fulfills remaining land use
needs.
Not applicable
P&Z Board Staff Report
Tropic Isles Townhomes
Page 9
Meets intent of standard X
Does not meet intent
G. 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 the Housing
Element. This shall be accomplished through the implementation of policies under
Objective B-2 of the Housing Element.
Not applicable
Meets intent of standard X
Does not meet intent
H. 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.
Not applicable
Meets intent of standard X
Does not meet intent
I. Development shall not be approved if traffic associated with such development would
create a new high accident location, or exacerbate an existing situation causing it to
become a high accident location, without such development taking actions to remedy
the accident situation.
Not applicable
Meets intent of standard X
Does not meet intent
J. Tot lots and recreational areas, serving children from toddler 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.
Not applicable X (The provision of these recreational facilities for this infill
development having fewer than 25 units is not feasible and have
been waived)
Meets intent of standard
Does not meet intent
P&Z Board Staff Report
Tropic Isles Townhomes
Page 10
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. ~ ..~/ P P 1E:f:J. D I X.' .~. ;~'S ... ..)~../ .:. .
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TECHNICAL COMMENTS
The following comments must be addressed prior to scheduling the plat for City Commission:
Plannina & Zonina Department Comments:
Technical Comments:
1. Please submit preliminary cost estimates for any public improvements and receipted
copies of other required agency applications.
2. Please provide a recorded copy of the Articles of Incorporation (through Florida
Department of State, Division of Corporations) on the formation of the name of the
Homeowner's Association (Tropic Isles Townhomes Homeowners' Association)
which is to accept the perpetual maintenance obligation of all common areas.
3. Provide a copy of the Declaration of Covenants, Conditions and Restrictions for the
development (Homeowner's Association Documents).
4. A copy of the plat needs to be sent to a reviewing surveyor currently employed or
under contract with the City of Delray for review as soon as possible in order to
prevent any delays. The applicant is responsible for all costs associated with this
obligation. A list of companies allowed to certify the plat are listed on page 7 of the
Final Plat Application.
5. Need Recorded Warranty Deed.
6. Revise Title Certification to List All Encumbrances of Record.
7. Need to execute Certificate (if Corporation) form to allow Keith LaGala to sign on
behalf of Tropic Isles Townhomes, LLC. (Form is enclosed)
Plat Comments:
1. Plat is drawn at 1" = 15'. Plat and Final Engineering Plans must match scales AND
be drawn at either 1 "=20' or 1 "=30'. Both Plans need to change scales.
2. Tie plat to a section corner
3. Remove the word Preliminary Plat from the title page since the platting process is a
Combined Preliminary/Final Plat approval.
4. Revise dedication language to reflect current lot configurations Lots 1-8 instead of
Lots 1-6.
5. Move the name Keith LaGala, President underneath the
"By: " signature area.
6. Provide North arrow on Sheet 2 of 2.
P&Z Board Staff Report
Tropic Isles Townhomes
Page 11
7. Provide Graphic Scale as well as a Text Scale at either 1"=20' or 1"=30'.
8. Remove Surveyor's Certificate from sheet 2 of 2.
9. Re-Label "Common Area" as Tract "A" and provide area calculations in square feet.
10. Provide distance and bearings for west plat boundary line.
11. Provide bearings for the line commencing at the southwest corner of the plat and
extending in a southeasterly direction to the next P.R.M.
12. Edit the P.R.M. symbol on the plat to match the symbol provided with the Legend or
vice versa.
13. Use a different symbol for the P.C.P.'s being set on the centerline of Frederick
Boulevard and Avenue H that are distinguishable from the P.R.M.'s being set on the
plat boundaries. In addition, add this symbol to the Legend.
14. A 5' Private Access Easement and Utility Easement is being dedicated along a
portion of the west edge of the plat. Easements are generally depicted to cross lot
boundaries. This 5' Easement area is being depicted more like a separate parcel or
"Tract" rather than an Easement area since Lot Lines from 5, 6 and 7 do not extend
within this area. This is important because setbacks are taken from property lines.
Since Lots 5, 6 and 7 do not extend to the western plat boundaries the rear property
line is 5' further east and the pools being depicted cannot encroach within the rear
setbacks which is 10'.
1. If this is to be an easement area, please extend lot lines from 5, 6 and 7
into this area and provide dedication language for this easement area
under the dedication section.
2. If this is to be a Tract, please label as Tract "B", provide area calculations
in square feet and provide dedication language accordingly.
Environmental Services Department's Comments:
Plat Comments:
1. Provide North arrow on plat.
2. Provide coordinates on all P.R.M.
3. Provide dedication language to match City of Delray Beach Standard dedication language.
4 Plat lists 6 lots and plat shows 8. Please correct list tract A and plat does not show tract A.
5. Provide a letter from the new Engineer of Record. Indicating change in Engineer of Record.
6. Provide a detailed description of how each of these comments has been addressed with next
submittal.
P&Z Board Staff Report
Tropic Isles Townhomes
Page 12
Technical Comments:
1. Health Department permits are required for this project. Provide copies of the water permit
and sewer permit.
2. A SFWMD permit is required for this project. Provide copies of permit.
3. 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. No swale in
driveway.
4. 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.
5. Provide certified exfiltration trench test results.
6. Indicate on engineering plans how the roof drainage is accommodated.
7. Provide City standard paving cross section.
8. Clearly dimension driveway width. Maximum width of driveway is 24 feet.
9. Parking layout and striping need to follow City of Defray Beach standards. Provide standard
City of Defray Beach parking stall detail.
10. Indicate sight distances at all ingress/egress points and intersections. Sight triangles should
be indicated on landscape plans. Provide copy of the revised landscape plans.
11. Show nearest existing fire hydrants and add any necessary hydrants per fire department
requirements.
12. 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.
13. Provide signed and sealed calculations indicating that existing lift station and force main
which collects waste from proposed site has sufficient volumetric and pumping capacity.
Also, confirm that downstream gravity sewer mains have sufficient capacity.
14. Engineer is to field verify location, size and depth of existing City of Delray Beach utilities
prior to submitting Final Engineering Plans.
15. Provide on the plans current City of Delray Beach standard construction details as
applicable.
16. 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
17. Provide on the detail sheet the City's standard Fill and Flush detail.
P&Z Board Staff Report
Tropic Isles Townhomes
Page 13
18. Minimum size of water main in City of Delray Beach is 8 inches. Material of proposed water
main is to be C-900.
19. Provide double valves at connection points.
20. Indicate location of irrigation water meters.
21. Provide note on both the Engineering Plans and the Landscape plans that there shall be no
trees or shrubs placed within water, sewer or drainage easements.
22. 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.
23. 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.
24. Provide a detailed description of how each of these comments has been addressed with next
submittal.
----------
P&Z Board Staff Report
Tropic Isles Townhomes
Page 14
':'-"":,,."::-,. ~. :;;~: :!~<-.. ", ' '~~'f' 'P'E~N D I X" ~. . C ~".. ...' , 0.. .>
C O.M PRE HEN S I V E P LAN POL I C I E S
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following applicable policy and objective are noted.
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 item was previously discussed under Special Regulations - RM zone district. As
there are only 8-units, it is not practical to require a common tot lot or recreation
areas/swimming pools. In this situation, installation of a swimming pool or playground
equipment, should be left to the property/unit owner. The site plan indicates that five of
the units would have private swimming pools.
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.
The property was previously disturbed and has remained vacant for many years. There
are no special physical or environmental characteristics of the land that would be
negatively impacted by the proposed townhouse development and the development will
be complimentary with the surrounding residential neighborhood. The Housing Element
of the Comprehensive Plan calls for the provision of infill housing as well as the
development of property to provide a variety of housing types. This development
proposal fulfills these needs.
MEMORANDUM
TO: MAYOR AND CITI COMMISSIONERS
FROM: CITI MANAGER t1J^!\
SUBJECT: AGENDA ITEM # <gc.. - REGULAR MEETING OF APRIL 19, 2005
FINAL PLAT APPROVAL/FIFTH AVENUE ESTATES PLAT
DATE: APRIL 15,2005
This is before the Commission to approve the minor, two (2) lot subdivision plat for Fifth Avenue
Estates, a re-plat of Lot 9 and a portion of Lot 10, Block 2, Lake Ida Gardens. The property is
located on the west side ofN.W. 5th Avenue, 223 feet south ofN.W. 12th Street.
All technical and staff comments have been addressed and the plat is ready for approval.
Recommend approval of the final subdivision plat for the Fifth Avenue Estates.
S:\Clty Clerk\agenda memos\Fmal Plat F,fth Avenue Estates 041905
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO: David T. Harden, City Manager
FROM: Jill Skaggs, P.E., Asst. City Engineer ....'.0
DATE: April 5, 2005
SUBJECT: Fifth Avenue Estates Plat
Agenda Request
The attached Agenda Request is for Commission approval of the Fifth Avenue Estates
Plat, a proposed two lot subdivision. This property is a replat of Lot 9 and a portion of
Lot 10, Block 2, Lake Ida Gardens, Plat Book 23, Page 192, Being in Section 8,
Township 46 south, Range 43 East, City of Delray Beach, Palm Beach County, Florida.
This property is located on the west side of NW 5th Avenue, 223 feet south of NW 1 ih
Street.
Enclosed are a location map and a reduced copy of the plat. This is a minor subdivision
plat; therefore, no additional approvals are required.
If this meets with your approval, please place it on the April 19, 2005 Commission
Agenda for approval.
Thanks!
enc
cc Richard Hasko, Director of Environmental Services
Randal Krejcarek, City Engineer
Nguyen Tran, Senior Planner
Carolanne Kucmerowskl
TAC File
Agenda File, April 19, 2005
S'IEngAdminl T ACIFlfth Ave Estates (aka LAKE IDA GARDENS PLA T)12005 Apr 19 agenda memo doc
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Date: 5 April 2005 AGENDA ITEM NUMBER: ?5C:.-
0
AGENDA REQUEST
Request to be placed on:
-X- Consent Agenda _Regular Agenda _ Workshop Agenda _Special Agenda
When: 19 April 2005
Description of Agenda Item (who, what, where, how much):
Request for Commission Agenda Request is for Commission approval of the plat for Fifth
Avenue Estates, a proposed two lot subdivision located on the west side of NW 5th Avenue, 223
feet south of NW 12th Street. This property IS a replat of lot 9 and a portion of lot 10, Block 2,
Lake Ida Gardens, Plat Book 23, Page 192, being in Section 8, Township 46 South, Range 43
East, City of Delray Beach, Palm Beach County, Florida.
Staff Recommendation: Approval
Department Head Signature: ('f ~ 4 B ~ I!.~J-./
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials: N.A.
Account Number
Description
Account Balance:
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agenda: @ No Initials: p1
Hold Until:
Agenda Coordinator Review:
Received:
S:\EngAdmm\TAC\Flfth Ave Estates (aka LAKE IDA GARDENS PLAT)\2005 Apr19 agenda doc
MEMORANDUM
TO: MAYOR AND CIlY COMMISSIONERS
FROM: CIlY MANAGER ~
SUBJECT: AGENDA ITEM # ~f\ - REGULAR MEETING OF APRIL 19. 2005
UTILITY EASEMENT /FLORIDA POWER & LIGHT COMPANY
DATE: APRIL 15, 2005
This is before the Commission to approve and accept a utility easement with Florida Power & Light
Company to be used for the construction and maintenance of the Area One Reclaimed Water
Transmission Main, located south of Lake Ida Road, immediately west of the CSX railroad.
Recommend approval of the utility easement within the Florida Power & Light property.
S:\Clty Clerk\agenda memos\FPL Easement Reclauned Water 041905
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
www.mvdelravbeach.com
TO: David T. Harden
City Manager
FROM: Dan Beatty, P.E.
Deputy Director
DATE: April 13, 2005
SUBJECT: Utility Easement
Area one Reclaimed Water Transmission Main Project
Project No. 2004-020
Attached is an Agenda Request for approval of a utility easement within the Florida
Power & Light property south of Lake Ida Road immediately west of the CSX railroad.
The utility easement will be used for the construction and maintenance of the area one
reclaimed water transmission main.
If you are in agreement, please place this item on the April 19, 2005 Agenda for
consideration by City Commission.
Attachments
cc: Richard C. Hasko, P.E., Director of Environmental Services
Randal Krejcareck, P.E., City Engineer
City Clerk
Project File
Agenda File
S '\EngAdrmn\Projects\2004\2004-020\OFFICIAL\Easement Agenda mem.doc
Easement Location
Area One Reclaimed Water Trasmission
Main Easement Location Map
City of Delray Beach, Environmental Services Dept.
Project No. 2004-020
Lake Ida Substation
Section 7 Township 46 Range 43
EASEMENT
TIDS EASEMENT ("Agreemenf') is made this _ day of February, 2005 between
FLORIDA POWER & LIGHT COMPANY, a Florida corporation, whose mailing address is P.O.
Box 14000, Juno Beach, Florida 33408-0420, Attn: Corporate Real Estate Department ("Grantor")
and CITY OF DELRA Y BEACH whose mailing address is 434 South Swinton Avenue, Delray
Beach, Florida 33444 ("Grantee").
WITNESSETH
WHEREAS, Grantee desires an easement across a portion of property owned by Grantor to
install a reclaimed water main pipeline ("Pipeline");
WHEREAS, Grantor has agreed to grant Grantee an easement for such purposes.
NOW, THEREFORE, in consideration of the foregoing, the mutual covenants,
representations and agreements contained herein and for other good and valuable consideration, the
adequacy and receipt of which are hereby acknowledged, it is agreed as follows:
1. Grantor hereby grants to Grantee a non-exclusive easement to install, operate and
maintain a Pipeline under, across and through a 12-foot portion of Grantor's property described on
the attached Exhibit "A" hereto ("Property") and incorporated by reference. The easement area
shall be depicted on the attached Exhibit "B" hereto ("Easement Area") and incorporated by
reference.
2. Grantee shall (a) bury the Pipeline to provide a minimum cover of thirty-six inches
(36") and (b) restore the ground surface as nearly as practicable to the original condition which
existed immediately prior to the commencement of any work.
3. The use of the Easement Area by Grantee shall be at the sole risk and expense of
Grantee, and Grantor shall not be liable for any damage or loss to Grantee resulting from Grantor's
normal use of the Easement Area.
4. Grantee shall indemnify and save harmless Grantor, its parent, subsidiaries,
affiliates, and their respective officers, directors, agents and employees (collectively "Company
Entities"), from all liability, loss, cost and expense, including reasonable attorney's fees, which
may be sustained by Company Entities to any person natural or artificial, by reason of the death of
or injury to any person or damage to any property arising out of or in connection with the herein
described purposes by Grantee, its contractors, agents, or employees. Grantee agrees to defend at
its sole cost and expense any and all suits or actions instituted against Company Entities, for the
imposition of such liability, loss, cost and expense.
5. Grantee shall obtain any and all applicable federal, state, and local permits required
in connection with Grantee's use of the Easement Area; and at all times, comply with all
requirements of all federal, state, and locals laws, ordinances, rules and regulations applicable or
pertaining to the use of the Easement Area by Grantee pursuant to this Agreement.
6. Grantee agrees that the use of the Easement Area pursuant to this Agreement is
subordinate to the rights and interest of Grantor in and to the Easement Area and agrees to notify its
employees, agents and contractors accordingly. Grantor specifically reserves the following rights
for its facilities located on the Easement Area: (a) to repair or maintain its facilities; (b) to add
additional facilities; (c) to maintain, construct or alter roads; and (d) to enter upon the Easement
Area at all times for such purposes.
Ion
7. In the event it becomes necessary to relocate the Pipeline based upon Grantor's
request, then same will be relocated at Grantee's sole cost and expense to a location mutually
agreed upon by Grantor and Grantee.
8. Grantee shall not use the Easement Area in any manner which, in the sole discretion
of Grantor, may tend to interfere with Grantor's use of the Easement Area or may tend to cause a
hazardous condition to exist. In the event Grantee creates a hazardous condition or situation which
restricts, impairs or interferes with, or hinders the use of the Easement Area by Grantor or the
exercise of Grantor of any of its rights, then upon notification by Grantor, Grantee shall, within
seventy-two (72) hours, at its sole coat and expense, correct such condition or situation; provided
however that Grantor retains the right to enter upon the Easement Area and correct any such
condition or situation at any time and Grantee shall reimburse Grantor for its costs and expenses
incurred in connection therewith upon demand.
9. Upon the mutual execution of this Agreement, Grantee hereby releases all of its
rights to that certain 10-foot easement reserved to Grantee in the Warranty Deed dated May 31,
1973 and recorded in O. R. Book 2172 at Page 756 of the Public Records of Palm Beach County,
Florida.
10. If the Pipeline is no longer necessary for its intended use in the future, then Grantee
will remove said Pipeline and execute a Release of Easement in recordable form and deliver same
to Grantor for recording.
11. No assignment of this Agreement or the rights granted hereby shall be made without
the prior written consent of Grantor, its successors and assigns.
IN WITNESS WHEREOF, this Agreement has been executed by the parties on the day and
year first above written.
Witnesses for Grantor: GRANTOR:
FLORIDA POWER & LIGHT COMPANY,
~T@~ a Florida corporation
By: -1\GiL~Q~~Q
Name: ancy ~ B1ralw8Il
Title: ""or C'.oqt. BAal RIIbriA ~
ACMu1A/11 ~_ Asst. 8ec:retaQ
Name: Donn ebauah
Witnesses for Grantee: GRANTEE:
CITY OF DELRA Y BEACH
By:
Name: Name:
Title:
Name:
'.....;.;....0- -:...... ,,- 'i..~~~.~"~./:...'1-.-.l'
20f3
~--
GRANTOR ACKNOWLEDGMENT
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
On thi~ day of February, 2005 befote me, the undersigned notary public, personally
appeared !fIau=1 A. Bwal'" , of Florida Power & Light
Company, a Florida corporation, personally kn~ to me to be the person who subscribed to the
foregoing instrwnent and acknowledged that he/she executed the same on behalf of said
corporation and that he/she was duly authorized so to do.
IN WTINESS WHEREOF, I hereunto set my hand and official seal.
h ~-1a in &.hk-~\.
NOTARY PUBUC, STATE F FLORIDA
DONNAM. RODEBAUGH
Name EXPIRES' 0c10ber 24, 2005
'_TllN Bofgol NolaIy 80..-
GRANTEE ACKNOWLEDGMENT
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
On this _ day of February, 2005 before me, the undersigned notary public, personally
appeared , of the City of Delray Beach,
personally known to me to be the persons who subscribed to the foregoing instrument or who have
produced and , respectively as
identification, and acknowledged that they executed the same on behalf of said corporation and that
they were duly authorized so to do.
IN WI1NESS WHEREOF, I hereunto set my hand and official seal.
NOTARY PUBUC, STATE OF FLORIDA
Name (Print):
- -'>;'~>'
30f3
EXHJSIT MAL
A portion of Lot 20, Block 1, of Delray Shores,
according to the Plat, recorded in Plat Book 24, Page
232, of the Public Records of Palm Beach County,
Florida, said portion being more particularly described
as follows:
Commence at the Northeast corner of said Lot 20, Block
1, said Northeast corner being the intersection of the
Northwesterly right-of-way line of the Seaboard Air-
line Railroad, with the Southwesterly right-of-way
line of Lake Ida Road, thence run Southwesterly along
said r~ght-~f-way line of Seaboard Airline Railroad,
a distance of 361.01 feet to the point of beginning~
thence continue in a Southwesterly direction along
said '~~ght-of-way of Seaboard Airline Railroad, a dis-
tance of 500 feet, to a point in the North right-of-way
line of Lake Worth Drainage District Lateral No. 32,
thence run in a Westerly direction along said North
right-of-way line of Lake Worth Drainage District
Lateral No. 32, a distance of 240.49 feet, thence in a
Northeasterly direction and parallel to said Westerly
right-of-way line of Seaboard Airline Railroad, a
distance of 569.65 feet, thence in a Southeasterly
direction at right. angles to the preceding course a
distance of 230.18 feet more or less to ~he point of
beginning, said tract containing 2.76 acres more or less.
"
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AGENDA REQUEST
Agenda Item ~j)
No.
Request to be placed on:
~ Regular Agenda Date: April 13.2005
_ Special Agenda
_ Workshop Agenda VVhen:AprilI9.2005
Description of item (who, what, where, how much): Staff reQuests Commission Approval of a utility
easement within the Florida Power & Light property south of Lake Ida Road immediately west of the
CSX railroad. The utility easement will be used for the construction and maintenance of the area one
reclaimed water transmission main.
.:.
ORI>INANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATIACHED YES/NO
Recommendation: Staff recommends approval of the easement for recordation.
Department head Signature:~ -~ 4-./3 oj"
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review: ~ ~
Approved for agenda: mo
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
ApprovedlDisapproved
S:\EngAdmm\Projecls\2004\2004-020\OFFICIAL\Easement agenda.doc
",,----. ---
. ~
. [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
DELRA Y BEACH Writer's Direct Line' 561/243-7091
, L 0 . IDA
b.ed
AJl.Amer\ca City
~IIE MEMORANDUM
DATE: April 8, 2005
TO: City Commission
David Harden, Cit~~nager
{L- ------ .
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Interlocal with Palm Beach County/Swinton Ave Improvement
The attached interlocal agreement between Palm Beach County and the City
provides that the County shall reimburse the City for costs incurred by the City on
the Swinton Avenue project in an amount not to exceed $45,000.00. The project
consists of adding curbs, paver blocks and enhanced street lighting. The City
shall submit invoices to the County for reimbursement by June 30,2007.
Our office requests that this item be placed on the April 19, 2005 City Commission
agenda. Please call if you have any questions.
Attachment
cc: Chevelle Nubin, City Clerk
Richard Hasko, Environmental Services Director
~'E
INTERLOCAL AGREEMENT
BETWEEN PALM BEACH COUNTY AND
THE CITY OF DELRA Y BEACH
FOR SWINTON AVENUE
STREET IMPROVEMENTS
THIS INTER LOCAL AGREEMENT is made and entered into this day
of , by and between PALM BEACH COUNTY, a political subdivision of the
State of Florida, hereinafter referred to as "COUNTY" and THE CITY OF DELRAY
BEACH, a municipal corporation of the State of Florida hereinafter referred to as
"CITY"
WITNESSETH:
WHEREAS, the CITY is undertaking improvements to Swinton Avenue within the
CITY limits hereinafter referred to as .PROJECT"; and
WHEREAS, the PROJECT consists of adding curbs, paver blocks and
enhanced street lighting; and
WHEREAS, the COUNTY believes that the construction of the PROJECT serves
a public purpose in the enhancement of CITY streets and wishes to support the
PROJECT by providing supplemental reimbursement funding for the documented costs
of the PROJECT in an amount not to exceed FORTY FIVE THOUSAND DOLLARS
($45,000.00); and
WHEREAS, after construction the PROJECT, the CITY will be responsible for
the subsequent maintenance of the PROJECT.
NOW THEREFORE, in consideration of the mutual covenants, promises, and
agreements herein contained, the parties agree as follows:
1. The above recitals are true, correct and incorporated herein.
2. The COUNTY agrees to provide to the CITY reimbursement funding
for documented costs of the PROJECT in an amount not to exceed FORTY FIVE
THOUSAND DOLLARS ($45,000.00).
3. The COUNTY agrees to reimburse the CITY the amount
established in paragraph 2 for costs associated with the PROJECT, upon the CITY's
submission of acceptable documentation needed to substantiate its cost for the
PROJECT. The COUNTY will use its best efforts to provide said funds to the CITY on a
reimbursement basis within forty-five (45) days of receipt of all information required in
paragraph 6, below.
1
4. The COUNTY's obligation is limited to its payment obligation and shall
have no obligation to any other person or entity.
5. The CITY agrees to assume all responsibility for design, bidding, contract
preparation, and contract administration necessary for the PROJECT, including
payment(s) to contractor(s) pursuant to all applicable govemmental laws and
regulations.
6. The CITY will obtain or provide all labor and materials necessary for the
PROJECT. The CITY shall fumish to the COUNTY's representative a request for
payment supported by the following:
A Contract Payment Request Form and a Contractual Services Purchases
Schedule Form, attached hereto and incorporated herein as Exhibit "A" (pages 1 & 2),
which are required for each and every reimbursement to the CITY. Said information
shall list each invoice payable by the CITY and shall include the vendor invoice number,
invoice date, and the amount payable by the COUNTY. The CITY shall attach a copy of
each vendor invoice paid by the CITY along with a copy of the respective check and
shall make reference thereof to the applicable item listed on the Contractual Services
Purchases Schedule Form. Further, the CITY's Financial Officer shall also certify that
each invoice listed on the Contractual Services Purchases Schedule Form was paid by
the CITY as indicated.
7. As it relates to this Agreement, the COUNTY may initiate a financial
systems analysis and/or an intemal fiscal control evaluation of the CITY by an
independent auditing firm employed by the COUNTY or by the County Internal Audit
Department at any time the COUNTY deems necessary.
8. The CITY agrees to be responsible for the subsequent maintenance of the
PROJECT following construction. The CITY shall be solely responsible for obtaining
and complying with all necessary permits, approvals and authorizations from any
federal, state, regional, COUNTY or agency which are required for the PROJECT.
9. The PROJECT shall be completed and final invoices submitted to the
COUNTY no later than June 30, 2007, and the COUNTY shall have no obligation to the
CITY or any other entity or person for any cost incurred thereafter unless the time for
completion is extended by modification of this Agreement.
10. Each party shall be liable for its own actions and negligence and to the
extent permitted by law, the CITY shall indemnify, defend and hold harmless the
2
COUNTY against any actions, claims or damages arising out of the CITY's negligence
in connection with this Agreement or the performance by the CITY as it may relate to
this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign
immunity beyond the limits set forth in Florida Statutes, Section 786.28, nor shall the
same be construed to constitute agreement by either party to indemnify the other party
for such other party's negligence, willful or intentional acts or omissions.
11. The CITY shall, at all times during the term of this Agreement, maintain
appropriate insurance.
12. As provided in F.S. 287.132-133, by entering into this Agreement or
performing any work in furtherance hereof, the CITY certifies that its affiliates, suppliers,
sub-contractors, and consultants who perform work hereunder, have not been placed
on the convicted vendor list maintained by the State of Florida Department of
Management Services within 36 months immediately preceding the date hereof. This
notice is required by F.S. 287.133(3)(a).
13. The CITY shall require each contractor engaged by the CITY for work
associated with this Agreement to maintain:
Workers' Compensation coverage in accordance with Florida Statutes, and;
a. Commercial General Liability coverage, including vehicle coverage, in
combined single limits of not less than ONE MILLION DOLLARS
($1,000,000.00). The COUNTY shall be included in the coverage as an
additional insured.
b. A payment and performance bond for the total amount of the
IMPROVEMENT in accordance with Florida Statute 255.05.
14. in the event of termination, the CITY shall not be relieved of liability to the
COUNTY for damages sustained by the COUNTY by virtue of any breach of the
Agreement by the CITY; and the COUNTY may withhold any payment to the CITY for
the purpose of set-off until such time as the exact amount of damages due the
COUNTY is determined.
15. The CITY's termination of this Agreement shall result in all obligations of
the COUNTY for funding contemplated herein to be cancelled.
16. The COUNTY and CITY agree that no person shall, on the grounds of
race, color, national origin, sexual orientation, religion or creed, sex, age, or handicap
be discriminated against in performance of this Agreement.
3
17. In the event that any section, paragraph, sentence, clause or provision
hereof is held invalid by a court of competent jurisdiction, such holding shall not affect
the remaining portions of this Agreement and the same shall remain in full force and
effect.
18. All notices required to be given under this Agreement shall be in writing,
and deemed sufficient to each party when sent by United States Mail, postage paid, to
the following:
AS TO THE COUNTY
Engineering and Public Works Department
Tanya N. McConnell, P.E.
Deputy County Engineer
P.O. Box 21229
West Palm Beach, Florida 33416-1229
AS TO THE CITY
City of Delray Beach
Mr. Richard Hasko
Director of Environmental Services
100 NW First Avenue
Delray Beach, Florida 33444
19. This Agreement shall be construed and governed by the laws of the State
of Florida. Any legal action necessary to enforce this Agreement shall be held in
Palm Beach County. No remedy herein conferred upon any party is intended to
be exclusive of any other remedy, and each and every other remedy shall be
cumulative and shall be in addition to every other remedy given hereunder or
now hereafter existing at law or in equity or by statute or otherwise. No single or
partial exercise by any party of any right, power or remedy shall preclude any
other or further exercise thereof.
20. Any costs or expenses (including reasonable attorney's fees) associated
with the enforcement of the terms and conditions of this Agreement shall be
borne by the respective parties; provided, however, that this clause pertains only
to the parties to the Agreement.
21. Except as expressly permitted herein to the contrary, no modification,
amendment, or alteration in the terms or conditions contained herein shall be
effective unless contained in a written document executed with the same
formality and equality of dignity herewith.
4
-----
22. Each party agrees to abide by all laws , orders, rules and regulations and
the CITY will comply with all applicable governmental cocIes during the
PROJECT.
23. The COUNTY shall not be deemed to assume any liability for the
negligent or wrongful acts, or omissions of the other party (or parties). Nothing
contained herein shall be construed as a waiver, by any of the parties, of the
liability limits established in Section 768.28, Florida Statutes.
24. Each party shall promptly notify the other of any lawsuit-related complaint,
or cause of action threatened or commenced against it which arises out of or
relates, in any manner, to the performance of this Agreement.
25. The parties expressly covenant and agree that in the event any of the
parties is in default of its obligations under this Agreement, the parties not in
default shall provide to the defaulting party thirty (30) days written notice before
exercising any of their rights.
26. The preparation of this Agreement has been a joint effort of the parties,
and the resulting document shall not solely as a matter of judicial constraint, be
construed more severely against one of the parties than the other.
27. This Agreement represents the entire understanding among the parties,
and supercedes all other negotiations, or agreements, either written or oral,
relating to this Agreement.
28. A copy of this Agreement shall be filed with the Clerk of the Circuit Court
in and for Palm Beach County, Florida.
29. This Agreement shall take effect upon execution and the effective date
shall be the date of execution.
REMAINDER OF PAGE LEFT BLANK
5
IN WITNESS WHEREOF. the parties have executed this Agreement and it is
effective on the date first above written.
CITY OF DELRA Y BEACH PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
By: By:
Mayor Chair
ATTEST: ATTEST:
SHARON R. BOCK, CLERK
By: By:
City Clerk Deputy Clerk
APPROVED AS TO FORM AND APPROVED AS TO FORM AND
LEGAL SUFFICIENCY LEGAL SUFFICIENCY
By: By:
City Attorney Assistant County Attorney
Date: By:
APPROVED AS TO TERMS
AND CONDITIONS
By:
Date:
6
. PALM BEACH COUNTY Exhibit A
ENGINEERING & PUBLIC WORKS DEPARTMENT
CONTRACT PAYMENT REQUEST
(Project)
Grantee Request Date
Billing # Billing Period
PROJECT PAYMENT SUMMARY
Project Costs Cumulative Total
Item This BilUng Project Costs Project Costs
Consulting Services
Contractual Services
Materials, Supplies, Direct Purchases
Grantee Stock
Equipment, Furniture
TOTAL PROJECT COSTS -----------
Certification: I hereby certify that the above Certification: I hereby certity that the documen-
were incurred for the work identified as being tation has been maintamed as required to support
accomplished in the attached progress reports the project expenses reported above and is avaIl-
able for audIt upon request
Administrator/Date Financial Officer/Date
PBC USE ONLY
County Funding ParticIpation $
Total Project Cost $
Total project costs to date S
County obligation to date S
County retainage (_%) ($ )
('ounty funds previously disbursed (5 )
('ounty funds due thIS bIlling S
ReVIewed and Approved by'
PBC Project Administrator/Date
Assistant County Engineer or Fiscal Manager/Date
Page 1 of 2
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[IT' DF DElRRY BER[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE. DELRAY BEACH. FLORIDA 33444
TELEPHONE 561/243-7090. FACSIMILE 561/278-4755
DELRA Y BEACH Writer's Direct Line: 561/243-7091
F l 0 I I D A.
........
AJl.Amerlca City
~ 1I'l, MEMORANDUM
DATE: April 13, 2005
TO: City Commission
David Harden, City Manager
~ >--::r==-
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: AQreement with New Urban Communities
The attached agreement provides that the City will pay the developer of the
Atlantic Grove project, New Urban Communities, 50% of the cost, up to
$10,000.00, for construction work (asphalt overlay) performed on N.W. 4th Avenue
between Atlantic Avenue and N.W. 1st Street. During the construction of the
Atlantic Grove development a portion of N.W. 4th Avenue was damaged by the
developer. The developer is requesting that the City share in the cost of the
asphalt overlay, as N.W. 4th Avenue would have needed the asphalt overlay in the
near future regardless of the developer's actions.
The agreement provides that the work be performed in accordance with City
standards and that the City shall only reimburse the owner for its share of the
costs once the project has been completed.
Our office requests that this item be placed on the April 19, 2005 City Commission
agenda. Please call if you have any questions.
Attachment
cc: Chevelle Nubin, City Clerk
Richard Hasko, Director of Environmental Services
<6F
.
AGREEMENT
THIS AGREEMENT entered into this day of ,2005, by and
between the CITY OF DELRA Y BEACH, a Florida municipal corporation, (hereinafter referred
to as City) and NEW URBAN COMMUNITIES, INC. (hereinafter referred to as Owner), to
provide as follows:
WHEREAS, Owner, is developing the project referred to as "Atlantic Groves";
WHEREAS, during the construction of the project a portion of N.W. 4th Avenue was
damaged due to the actions of Owner and is in need of an asphalt overlay (improvements);
WHEREAS, prior to Owner's actions affecting N.W. 4th Avenue, the street was not in
perfect condition and was due to be repaired by the City sometime in the future, therefore, the
City shall contribute 50% of the cost of the improvements.
NOW, THEREFORE, in consideration of the mutual covenants and undertakings set
forth herein, the Owner and City hereby agree as follows:
1. The above-stated recitals are incorporated herein as if fully set forth herein.
2. The Owner shall construct the improvements to N.W. 4th Avenue as described and
detailed in Exhibit "AU attached hereto and incorporated herein.
3. The City shall reimburse the Owner, upon the completion and acceptance of the
improvements, the actual costs of 50% of the improvements provided, however, the CITY shall
in no event pay an amount that exceeds Ten Thousand Dollars ($10,000.00).
4. The improvements must be completed, finalized and accepted by the City within
one hundred twenty (120) days of the execution of this Agreement. The City shall have any
remedy available to it in law or equity with respect to completion, finalization and acceptance of
the improvements.
-
5. All restorations of the area affected by the improvement shall be the responsibility
of the Owner. The restorations shall be performed in accordance with the Owner's approved
engineering plans for this construction.
6. Owner shall pay all sales, consumer, use and other similar taxes required to be
paid in accordance with the applicable laws, ordinances, rules or regulations.
7. Owner, shall supervise and direct the construction of the improvements, applying
such skills and expertise as maybe necessary to perform the work in accordance with the
approved engineering plans. All aspects of improvements shall be inspected by the City. Owner
shall construct the improvements in accordance with the applicable standards and codes of the
City of Delray Beach. Owner shall be solely responsible for the means, methods, techniques,
sequences and procedures of the construction and installation of the improvements.
8. 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.
9. This Agreement constitutes the entire agreement and understanding of the parties,
as it pertains to the construction of roadway improvements. 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 both parties.
10. Owner, in consideration of the payment ofTen Dollars ($10.00), receipt of which
is hereby acknowledged, agrees to indemnify, hold harmless and defend the City, its employees,
agents and officers from and against any and all claims, lawsuits, damage, loss, of whatever kind,
arising from the construction or installation of the improvements, including, but not limited to
reasonable attorneys' fees and costs at the trial and appellate levels.
2
,
11. Owner or its contractor shall maintain workers' compensation insurance in an
amount required by law and general liability insurance in the amount of Five Hundred Thousand
Dollars ($500,000.00) governing bodily injury and property damage in standard form, insuring
City as additional named insured.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as
of the day and year first above written.
ATTEST: CITY OF DELRA Y BEACH
By:
City Clerk Mayor, Jeff Perlman
Approved as to Form:
City Attorney
(Name Printed or Typed)
STATE OF 1l~1~
COUNTYOFfh}n
The foregoing instrument was acknowledged before me this ~ day of .H~ ,
200..5.., by -r:ln ~fnd;,\d.Jt~ as (name
of officer or agent, title of officer or agent), of tJp~ lLr~ Co,..,../Y'I'l\fIl'~..4 (name
of corporation acknowledging), a (state or place of incorporation) corporation, on
behalf of the corporation. ~/She IS personally known to me or has produced
(type of identification) as identification.
~ IEA_...'..... ~~
[.,i~:~ MY COMMISSION · DO 182477 Signature otary Public
~ : ! EXPIRES- Febluary 3. 2001
'J~.iir;: " Ilondod TIvu NoIary NIhc lJndorwnleB ,
My Commission Expires: ~~)
3
.
EXHIBIT" A"
EI'4/1B/2BEl5 21:B6 56133El7778 /'-EWURBAN PAGE B2/B2
PROPOSAL
PALM BEACH GRADING, INC. PHONE: (561) 842-9551
1250 GATEWAY ROAD FAX. (561 )842-9824
~Ke PARK, FLORIDA, 33403
To: NEW URBAN COMMUNITIES, INC.
Attn: TIM YAXLEY
Re: ATLAN11C GROVE
Date: Januanr 10.2006
A B C
oeSC"I~T10111 01" WORK ESTIMATED UNIT UNIT SCI1I!OUI.E
QUANTITY PRICE VALUE
QIII!RUl Y OF rAVE
MOBI LIZA TlOH 1,00 LS $3,600.00 $3.eoo 00
3/4" ASPHALT OVERLAY 1258.00 SY $8.60 $8,289.60
$11.889.80
LEV~UNC; COURSe I~ NEEDED WILL BE BII.LED
BY THE TON OF ASPHAI. T USED PER TN 5145,00
MILLING OF EXISTING ASPHALT AS NEEDEO
MINIMUM CHARGE 1.00 EA $3,500 00 $3 500.00
EXCLUSIONS:
1) PERMIT OR BONO COSTS .lOB TOTAL $15.319.80
2} COST OF DENSITY TESTING
3) LAYOUT, STAKEOUT OR ASBUILTS $/SY 512.25
.
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MEMORANDUM
TO: MAYOR AND CI1Y COMMISSIONERS
FROM: CI1Y MANAGER Oft1
SUBJECT: AGENDA ITEM # ~~ - REGULAR MEETING OF APRIL 19. 2005
LOCAL AGENCY PROGRAM (LAP) AGREEMENT /FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT)
DATE: APRIL 15, 2005
This is before Commission to consider approval of a Local Agency Program (LAP) Agreement with
the Florida Department of Transportation (FDOT) for funding in the amount of $500,000.00 for
construction costs for the West Atlantic Avenue (10th Avenue to 6th Avenue) Beautification Project.
The project includes hardscape, landscape, and decorative street lights. The FDOT is providing
$500,000.00 towards the construction, the total project cost is estimated at $2,100,000.00.
Recommend approval of a Local Agency Program Agreement with the Florida Department of
Transportation.
S:\Clty Clerk\agenda memos\FDOT LAP Agmt 041905
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
www.JlfrDelravBeach.com
TO: David T. Harden &.
Randal L. Krejcarek, P.E. ~
FROM:
DATE: 14 Apr 2005
SUBJECT: FOOT Local Agency Program (LAP) Agreement
W Atlantic Ave - 10th Ave to 6th Ave
Agenda Item
Project # 2004-034
The attached agenda item is for Commission approval/authorization for Mayor to sign the LAP
agreement with FOOT for the beautification of West Atlantic Avenue from 10th Ave to 6th Ave
This project includes hardscape, landscape and decorative street lights. The FOOT is providing
$500,000.00 towards the construction of this project. The total project cost is estimated at
$2,100,000 00
Maps are attached for your reference.
Please place this item on the 19 Apr 2005 Agenda for consideration by City Commission.
Thanks,
enc
cc, Richard C, Hasko, P E
City Clerk
Agenda File
S. IEngAdmm1Projects1200412004-03410FFICIAL119 apr 2005 agenda memo doc
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Iml &\ CITY of DELRAY BEACH W. ATLANTIC AVENUE Dm "I"
~;! ENVIRONMENTAL SERVICES DEPARTMENT from 6th Ave. to 10th Ave.
'~ 434 SOlTTH SWINTON AVENUE DELRAY BEACH. Fl.ORIOA 33444 Project # 2004-034 1 of 1
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DRA~T
State of Florida Department of Transportation 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PROJ MGT, RESEARCH & DEV OFC
OGC - 11/03
Page 1 of 12
FPN No 411890-1- 58-01 Fund, SF FLAIR Approo:
Federal No: Org. Code: "iS043010404 FLAIR Obj.:
FPN No Fund: FLAIR Approp:
Federal No: Org. Code: FLAIR Obj,:
County No, 93 Contract No Vendor No.: VF596000308007
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction
THIS AGREEMENT, made and entered Into this day of ,
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an aqencv of the State of Florida,
hereinafter called the Department, and The City of Delray Beach
hereinafter called the Agency,
WIT N E SSE T H:
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including
the implementation of an integrated and balanced transportation system and is authorized under Section 334.044, Florida
Statutes to enter into this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as
follows:
1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in
w. Atlantic Beautification and as further descnbed in Exhibit "A" attached hereto and by this reference made a part
hereof, hereinafter called the project, and to provide departmental financial assistance to the Agency and state the terms
and conditions upon which such assistance will be provided and the understandings as to the manner in which the project
will be undertaken and completed.
1.01 Modifications and Additions: Exhiblt(s) A+B+L+RL are attached hereto and by this reference made a part hereof.
2.00 Accomplishment of the Project:
2.01 General Requirements: The Agency shall commence, and complete the project as described in EXHIBIT "A" with
all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all
applicable laws. The project will be performed in accordance with all applicable Department procedures, guidelines,
manuals, standards, and directives as described in the Department's Local Agency Program Manual, which by this
reference is made a part hereof as if fully set forth herein.
A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent
with the terms, conditions, and specifications of this Agreement shall be in charge of each project.
2.02 Expiration of Agreement: The Agency agrees to complete the project on or before December 31, 2008
If the Agency does not complete the project within this time period, this Agreement will expire on the last day of scheduled
completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in
writing by the Department prior to the expiration of the Agreement. Expiration of this Agreement will be considered
termination of the project. The cost of any work performed after the expiration date of the Agreement will not be
reimbursed by the Department.
2.03 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or
other proceeding or authorization is requisite under applicable law to enable the Agency to enter into thiS Agreement or to
undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency
will initiate and consummate, as provided by law, all actions necessary With respect to any such matters so requisite.
2.04 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary, includmg
Federal-aid requirements, to enable the Agency to provide the necessary funds for completion of the project
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525-010-40
PROJ MGT, RESEARCH & OEV OFC
OGC . 11103
Page 2 of 12
2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department
such data, reports, records, contracts, and other documents relating to the project as the Department and the Federal
Highway Administration may require.
3.00 Project Cost:
3.01 Total Cost: The estimated total cost of the project is $ 500.000.00 . ThiS amount is based upon
the schedule of funding in Exhibit "8" attached hereto and by this reference made a part hereof. The Agency agrees to
bear all expenses in excess of the total cost of the project and any deficits involved. The schedule of funding may be
modified by mutual agreement as provided for in paragraph 4.00 of this agreement.
3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the
extent provided in Exhibit "8", This amount Includes Federal-aid funds which are limited to the actual amount of
Federal-aid participation,
3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date
of this Agreement. It is understood that Department participation in eligible project costs is subject to:
a) Legislative approval of the Department's appropriation request in the work program year that the project is
scheduled
b) Availability of funds as stated in paragraphs 3,04 and 3.05 of this Agreement;
c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement;
d) Department approval of the project scope and budget at the time appropriation authority becomes available.
3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature. If the Department's funding for thiS project is in multiple fiscal years,
funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See
Exhibit 8 for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement
if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are
available.
3.05 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more
than one year, the provisions of Section 339,135(6)(a), Florida Statutes, are hereby incorporated:
"The department, during any fiscal year, shall not expend money, Incur any liability, or enter into any contract
which, by ItS terms, involves the expenditure of money in excess of the amounts budgeted as available for
expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null
and VOid, and no money may be paid on such contract. The department shall require a statement from the
comptroller of the Department that funds are available prior to entering into any such contract or other binding
commitment of funds Nothing herein contained shall prevent the making of contracts for periods exceeding 1
year, but any contract so made shall be executory only for the value of the services to be rendered or agreed
to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of
the Department which are for an amount in excess of $25,000 and which have a term for a period of more
than 1 year."
3.06 Notice to Proceed: No cost may be incurred under this contract until the Agency has received a Notice to Proceed
from the Department.
3.07 Limits on Federal Participation: Federal-aid funds shall not participate in any cost which is not incurred in
conformity with applicable federal and state law, the regulations in 23 C.F.R, and 49 C.F,R., and policies and procedures
prescribed by the Division Administrator of the Federal Highway Administration (FHWA). Federal funds shall not be paid
on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part
thereof involving such cost. (23 CFR 1,9 (a)) If FHWA or the Department determines that any amount claimed is not
eligible, federal participation may be approved in the amount determined to be adequately supported, the Department shall
notify the Agency in writing citing the reasons why items and amounts are not eligible for Federal participation, Where
correctable non-compliance with provisions of law or FHWA requirements exists, federal funds may be Withheld until
compliance is obtained. Where non-compliance IS not correctable, FHWA or the Department may deny participation in
parcel or project costs in part or in total.
..
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525-010-40
PROJ MGT. RESEARCH & DEV OFC
OGC .11/03
Page 3 of 12
For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment,
the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice.
4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of
funding, shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of
funding, carry out the project and shall Incur obligations against and make disbursements of project funds only in
conformity with the latest approved schedule of funding for the proJect. The schedule of funding may be revised by mutual
written agreement between the Department and the Agency, If revised, a copy of the revision should be forwarded to the
Department's Comptroller and to the Department's Federal-Aid Program Office. No increase or decrease shall be effective
unless it complies with fund participation requirements established in Exhibit "B" of this Agreement and is approved by the
Department's Comptroller.
5.00 Records:
5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under terms of this
Agreement shall be maintained and made available upon request to the Department at all times during the period of this
Agreement and for five(5) years after final payment is made, Copies of these documents and records shall be furnished
to the Department upon request. Records of costs incurred includes the Agency's general accounting records and the
project records, together with supporting documents and records, of the Agency and all subcontractors performing work
on the project and all other records of the Agency and subcontractors considered necessary by the Department for a
proper audit of costs. If any litigation, claim, or audit is started before the expiration of the five(5) year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been resolved.
5.02 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project.
Costs in excess of the latest approved schedule of funding or attributable to actions which have not received the required
approval of the Department shall not be considered eligible costs.
5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by
the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers
evidencing in proper detail the nature and propriety of the charges.
5.04 Audit Reports: Recipients of Federal and State funds are to have audits done annually using the following criteria,
Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award
number and year, and name of the awarding federal agency. State awards will be identified using the Catalog of State
Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State Agency.
In the event that a recipient expends $300,000 or more in federal awards in its fiscal year, the recipient must have a single
or program specific audit conducted in accordance with the United States Office of Management and Budget (OMB)
Circular A-133.
If a recipient expends less than $300,000 in federal awards during its fiscal year, an audit conducted in accordance with
the OMB Circular A-133 is not required. If a recipient expends less than $300,000 in federal awards during its fiscal year
and elects to have an audit conducted In accordance with OMB Circular A-133, the cost of the audit must be paid from
non-federal funds
Reporting Packages and management letters generated from audits conducted in accordance with OMB Circular
A-133 shall be submitted to the awarding FOOT office, by the recipient, within 30 days of receiving it. The aforementioned
items are to be received by the appropnate FOOT office no later than 9 months after the end of the recipient's fiscal year.
,
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525-010-40
PROJ MGT, RESEARCH & DEVOFC
OGC . 11/03
Page 4 of 12
The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year
audit findings, including corrective action and current status of the audit finding is required, Current year audit findings
require corrective action and status of finding.
Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the
dispute is resolved Access to project records and audit work papers shall be given to the FOOT, the Comptroller, and
the Office of the Auditor General.
The recipient shall submit reqUired audit documentation as follows:
A Reporting Package and Data Collection Form for each audit conducted in accordance with OMS Circular A-133 shall
be sent to'
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jefferson, IN 47132
5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized
representatives and authorized agents of the Federal Highway Administration to inspect all work, workmanship, materials,
payrolls, records and to audit the books, records and accounts pertaining to the financing and development of the project.
The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub-
contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the
provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement.
(Section 287.058(1 )(c), Florida Statutes)
5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right of
way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance
actiVities on the project. ActiVities shall be reported on a federal fiscal year basis, from October 1 through September 30
The report must be prepared using the format prescribed in 49 CFR 24, Appendix B and be submitted to the Department
no later than October 15 each year.
6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses
incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. (Section 287 058(1)(a), Florida
Statutes)
All recipients of funds from this agreement, including those contracted by the Agency, must submit bills for any travel
expenses, when authorized by the terms of this agreement, in accordance with Section 112.061 Florida Statutes and
Chapter 3- Travel of the Department's Disbursement Operations Manual, Topic 350-030-400,
(Section 287,058(1)(b), Florida Statutes)
If, after project completion, any claim IS made by the Department resulting from an audit or for work or services performed
pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under
any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made
within sixty (60) days to the Department. Offsetting any amount pursuant to this section shall not be considered a breach
of contract by the Department.
r
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525-010-40
PROJ MGT, RESEARCH & DEV OFC
OGC . 11/03
Page 5 of 12
7.00 The Department's Obligations: Subject to other provisions hereof, the Department will honor requests for
reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out
of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the
Department may elect, by notice in writing, not to make a payment if:
7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any
supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant
hereto;
7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or
obligations which may Jeopardize or adversely affect the project, this Agreement or payments to the project;
7.03 Approval by Department: The Agency shall have taken any action pertaining to the project, which under this
Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations
without having been advised by the Department that same are approved;
7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein in 12.06; or
7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the
AQreement.
7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the
FHWA, or the Department acting in lieu of the FHWA, may designate as ineligible for federal-aid.
7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all project costs incurred
by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration
of the Agreement, costs which are not provided for in the latest approved schedule of funding for the project, and costs
attributable to goods or services received under a contract or other arrangements which have not been approved in writing
by the Department.
7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within one hundred twenty
(120) days after the completion of the project. Invoices submitted after the one hundred twenty (120) day time period may
not be paid,
8.00 Termination or Suspension of Project:
8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of
its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or
been corrected, or the Department may terminate this Agreement in whole or in part at any time the interest of the
Department requires such termination.
If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option
of (a) immediately terminating this Agreement or (b) suspending this Agreement and notifying the Agency of the deficiency
with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at
the end of such time. Suspension of the contract will not affect the time period for completion of this Agreement.
If the Department requires termination of this Agreement for reasons other than unsatisfactory performance of the Agency,
the Department shall notify the Agency of such termination, With instructions as to the effective date of termination or
specify the stage of work at which this Agreement is terminated,
If this Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily
performed, Payment is to be on the basis of substantiated costs,
8.02 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension
notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may
include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, project activities and
contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which
the financing is to be computed; (b) furnish a statement of the project activities and contracts, and other undertakings the
cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity
with the latest schedule, plan, and costs approved by the Department or upon the basis of terms and conditions
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imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable
time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the
Department may otherwise have arising out of this Agreement.
9.00 Contracts of the Agency:
9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not
execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant
or construction contracts or amendments thereto, with any third party with respect to the project without the written
approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department.
The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to
approve or disapprove the employment of the same.
9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto
that participation by the Department in a project with an Agency, where said project involves a consultant contract for
engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Section
287,055, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will
involve the Department in the Consultant Selection Process for all projects, In all cases, the Agency's attorney shall
certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive
Negotiation Act.
10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation:
10.01 DBE Policy: It is the policy of the Department that disadvantaged business enterprises, as defined in 49 C.F.R.
Part 26, as amended, shall have the opportunity to partiCipate in the performance of contracts financed in whole or in part
with Department funds under this Agreement. The DBE requirements of applicable federal and state regulations apply to
this Aqreement.
10.02 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as
defined in applicable federal and state regulations, have the opportunity to participate in the performance of contracts and
this Agreement. In thiS regard, all recipients and contractors shall take all necessary and reasonable steps in accordance
with applicable federal and state regulations, to ensure that the Disadvantaged Business Enterprises have the opportunity
to compete for and perform contracts. The Agency shall not discriminate on the basis of race, color, national origin or sex
in the award and performance of Department assisted contracts
10.03 Disadvantaged Business Enterprise (DB E) Obligations: If Federal Transit Administration or FHWA Funding is a
part of this project, the Agency must comply with applicable federal and state regulations.
11.00 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion (Applicable to all
federal-aid contracts - 49 CFR 29)
By signing and submitting this Agreement, the Agency is providing the certification set out below:
The inability of the Agency to provide the certification set out below will not necessarily result in denial of participation in
this covered transaction. The Agency shall submit an explanation of why it cannot provide the certification set out below.
The certification or explanation will be considered in connection with the Department's determination whether to enter
into this transaction However, failure of the Agency to furnish a certification or an explanation shall disqualify the
Agency from participation in this transaction.
The certification In this clause is a material representation of fact upon which reliance was placed when the Department
determined to enter into this transaction. If it is later determined that the Agency knowingly rendered an erroneous
certification, in addition to other remedies available, the Department may terminate this transaction for cause of default
The Agency shall provide Immediate written notice to the Department if any time the Agency learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances, The terms "covered
"debarred," "suspended," ineligible," "'ower tier covered transaction," "participant," "person," primary covered transaction,"
"principal," "proposal," and "voluntarily excluded," as used In thiS clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549. Contact the Department for assistance in obtaining a
copy of those regulations.
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The Agency further agrees by executing this Agreement that it shall not knowingly enter into any contracts with a person
who is debarred, suspended, declared ineligible, or voluntarily excluded from participation In thiS covered transaction,
unless authorized by the Department.
The Agency further agrees by submitting this Agreement that it will include the clause titled "Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the
Department, without modification, In all contracts and in all solicitations for contracts.
The Agency may rely upon a certification of a prospective sub-contractor that the person or entity is not debarred,
suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is
erroneous. The Agency may decide the method and frequency by which it determines the eligibility of its sub-contractors.
The Agency may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal
Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services
Administration.
Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render
in good faith the certification required by this clause. The knowledge and information of the Agency is not required to
exceed that which is normally processed by a prudent person in the ordinary course of business dealings.
Unless authOrized by the Department, if the Agency knowingly enters into a contract with a person who is suspended,
debarred, ineligible, or voluntarily excluded from participation In this transaction, in addition to other remedies available,
the Department may terminate this agreement for cause or default.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion:
The Agency certifies, by execution of this Agreement, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared Ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency.
Where the Agency is unable to certify to any of the statements above, an explanation shall be attached to this
proposal.
12.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
12.01 Equal Employment Opportunity: In connection with the performance of any project, the Agency shall not
discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin,
disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race, age, religion, color, gender, national origin,
disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of
compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision in all
contracts modified only to show the particular contractual relationship in all its contracts in connection with the
development of operation of the project, except contracts for the standard commercial supplies or raw materials, and shall
require all such contractors to insert a similar provision In all subcontracts, except subcontracts for standard commercial
supplies or raw materials. When the project Involves installation, construction, demolition, removal, site improvement, or
similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for
project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause.
12.02 Title VI - Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the
Civil Rights Act of 1964 (42 U.S,C, 2000d), the Regulations of the Federal Department of Transportation issued
thereunder, and the assurance by the Agency pursuant thereto.
The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil
Rights Act of 1964, 49 C.F.R., Part 21, and related statutes and regulations.
12.03 Americans with Disabilities Act of 1990 (ADA): The Agency Will comply with all the requirements as imposed by
the ADA, the regulations of the federal government issued thereunder, and assurance by the Agency pursuant thereto,
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12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not
submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on
the Discriminatory Vendor List, maintained by the Florida Department of Management Services, may not submit a bid on a
contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the
construction or repair of a public bUilding or public work; may not submit bids on leases of real property to a public entity;
may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity; and may not transact business with any public entity.
12.06 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors, shall enter into any
contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in
the project in which any member, officer, or employee of the Agency or the locality during his tenure, or for two years
thereafter, has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily
acquires or had acquired any such interest prior to the beginning of his tenure, and if such interest is Immediately
disclosed to the Agency, the Agency with prior approval of the Department may waive the prohibition contained in this
subsection, provided, that any such present member, officer or employee shall not participate in any action by the Agency
or the locality relating to such contract, subcontract, or arrangement.
The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to
be included in any project, and shall require its contractors to insert in each of it's subcontracts, the following provision:
"No member, officer or employee of the Agency or of the locality during his tenure, or for two years thereafter,
shall have any interest, direct or Indirect, in this contract or the proceeds thereof,"
The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories,
or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency.
12.07 Interest of Members of or Delegate to, Congress: No member of or delegate to the Congress of the United
States shall be admitted to any share or part of the Agreement or any benefit arising therefrom,
13.00 Miscellaneous Provisions:
13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all applicable
environmental regulations and for any liability arising from non-compliance with these regulations and will reimburse the
Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable
permits.
13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any
party other than the Agency.
13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the
Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may
then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default
shall exist, shallm no way impair or prejudice any right or remedy available to the Department with respect to such breach
or default.
13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid,
the remainder of thiS Agreement shall not be affected. In such an instance the remainder would then continue to conform
to the terms and requirements of applicable law.
'13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also,
agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing
hereunder,
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13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any proviSion
thereof, perform any other act or do any other thing in contravention of any applicable state law, provided, that if any of the
provisions of the Agreement violate any applicable state law, the Agency Will at once notify the Department in writing in
order that appropriate changes and modifications may be made by the Department and the Agency to the end that the
Agency may proceed as soon as possible with the project.
13.07 Contractual Indemnity: To the extent permitted by law, the Agency shall indemnify, defend, save, and hold
harmless the Department and all its officers, agents and employees from any claim, loss, damage, cost, charge or
expense arising out of any act, error, omission or negligent act by the Agency, ItS officers, agents or employees dUring the
performance of the Agreement except that neither the Agency, its officers, agents or its employees will be liable under this
paragraph for any claim, loss, damage, cost, charge or expense arising out of any act, error, omission or negligent act by
the Department or any of ItS officers, agents or employees during the performance of the Agreement.
When the Department receives a notice of claim for damages that may have been caused by the Agency in the
performance of services required under this Agreement, the Department will immediately forward the claim to the Agency.
The Agency and the Department Will evaluate the claim and report their findings to each other within 14 working days and
will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to
require the participation of the Agency in the defense of the claim or to require the Agency defend the Department in such
claim as desCribed in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a
waiver of any right herein to require the participation in or defense of the claim by the Agency. The Department and the
Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one
party participates in the defense of the claim at trial, that party is responsible for all expenses at trial.
The parties agree that this clause shall not waive the benefits or provisions of Section 768.28, Florida Statutes, or any
similar provision of law.
13.08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the
State Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications
covering the project. The Department will review all plans and specifications and will issue to the Agency written approval
with any approved portions of the project and comments or recommendations covering any remainder of the project
deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the
Department will issue to the Agency written approval regarding the remainder of the project. Failure to obtain this written
approval shall be sufficient cause for nonpayment by the Department.
13.09 Right of Way Certification: Upon completion of right of way activities on the project, the Agency must certify
compliance With all applicable federal and state requirements. Certification is required prior to advertisement for or
solicitation of bids for construction of the project, including those projects for which no right of way is required.
13.10 Agency Certification: The Agency will certify in writing, prior to project closeout, that the project was completed
in accordance with applicable plans and speCifications, is in place on the Agency facility, that adequate title is in the
Agency, and that the project is accepted by the Agency as suitable for the intended purpose.
13.11 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words
used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include
all genders.
13.12 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts,
each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the
same instrument.
13.13 Restrictions on Lobbying:
Federal: The Agency agrees that no federally appropriated funds have been paid, or will be paid by or on behalf of the
Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a member
of Congress an officer or employee of Congress, or an employee of a member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract,
qrant, loan, or cooperative aqreement.
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If any funds other than federally appropnated funds have been paid by the Agency to any person for influencing or
attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of
Congress, or an employee of a member of Congress in connection with this Agreement, the undersigned shall complete
and submit Standard Form.LLL, "Disclosure Form to Report Lobbying," in accordance with its Instructions.
The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers
(including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency.
13.14 Maintenance: The Agency agrees to maintain any project not on the State Highway System, constructed under
this Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency :Q will o will not
maintain the improvements made for their useful life.
13.15 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department
should be aware of the following time frames. Upon receipt, the Department has five 5 working days to inspect and
approve the goods and services unless the bid specifications, purchase order, or contract specifies otherwise. The
Department has twenty (20) days to deliver a request for payment (voucher) to the Florida Department of Financial
Services. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services
are received, inspected, and approved.
If a payment is not available within forty (40) days after receipt of the invoice and receipt, inspection, and approval of
goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and
payable, in addition to the inVOice amount to the Agency. Interest penalties of less than one dollar ($1) will not be enforced
unless the Agency requests payment. Invoices which have to be returned to an Agency because of Agency preparation
errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed
invoice is provided to the Department.
A Vendor Ombudsman has been established within the Florida Department of Financial Services. The duties of this
individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s)
from the Department The Vendor Ombudsman may be contacted at (850)410-9724 or by calling the State Comptroller's
Hotline at 1-800-848-3792,
IN WITN ESS WHEREOF, th~ ~ave caused these presents to be executed the day and year first above wollen.
AGENCY.~ STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By, ~ By,
Title: Jeff , ayor Title:
Attest: Attest: ,
Title: e Nubin, Acting City Clerk Title:
As to form: As to form:
Attorney Seal, Sign and Date Dlstnct Attorney
See attached Encumbrance Form for date of funding approval by Comptroller.
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FPN NO 411890-1-58-01
EXHIBIT A
Project Description and Responsibilities
This exhibit forms an integral part of that certain Reimbursement Agreement between the State of Florida, Department of
Transportation and
Dated April 7, 2005
PROJECT LOCATION:
See description below
The project 0 is <8> is not on the National Highway System.
The project 0 is 0 IS not on the State Highway System.
PROJECT DESCRIPTION:
Beautification of SR 806, W. Atlantic Ave., from SW!NW 10th Ave. and SW!NW 6th Ave., project involves
installation of brick paver sidewalks and crossings, decorative street lights, underground electric,
landscape nodes, water main upgrade, drainage, landscaping and irrigation in the public right-of-way.
SPECIAL CONSIDERATION BY AGENCY:
SPECIAL CONSIDERATION BY DEPARTMENT:
This project has funds in the amount of $500,000.00 for construction ONLY. The City should not
start any construction until the Department has approved the design plans. Also so not start any
construction untill the City has received a fully executed agreement with a Notice to Proceed from
the Department.
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AGENCY NAME & BILLING ADDRESS FPN NO
sr....TE OF FLOR.OA DEPARTMENT OF TRANsPORTAl-ON
City of Delray Beach LOCAL AGENCY PROGRAM
434 S. Swinton Ave. AGREEMENT 411890-1-58-01
EXHIBIT "B"
Delray Beach. FL 33444 SCHEDULE OF FUNDING
PROJECT DESCRIPTION
Name W. Atlantic Ave Length
Termini NW/SW 10th Ave to NW/SW 6th Ave
FUNDING
(1l (2) (3)
TOTAL AGENCY STATE &
TYPE OF WORK bv Fiscal Year PROJECT FUNDS FUNDS FEDERAL FUNDS
PE 2003-2004
2004-2005
2005-2006
Total PE $000 $000 $0
Right-of-Way 2003-2004
2004-2005
2005-2006
Total Rloht-ot-Wav Cost $000 $000 $0
Construction 2003-2004
2004-2005
2005-2006
2006-2007
Total Contract Costs $000 $000 $(
Construction Engineering and Inspection
2003-2004
2004-2005
2005-2006
$000 $000 $(
Total Construction Enqlneerlnq
Total Construction Cost $000 $000 $(
I ESTIMATED TOTAL COST OF THE $000 $0.00 $0
PROJECT
The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after 1 st each fiscal year.
The Department will notify the Agency, in writing, when funds are available.
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EXHIBIT D
ALTERNATIVE PAY METHOD
Article 6,00 is expanded by the following:
The Department will pay to the Agency, after receipt of an invoice, an amount equal to the invoice received by the Agency
from the Agency's contractor(s) or consultant(s). All invoices received from the Agency shall clearly separate the cost to
the contractor(s) or consultant(s) from the Agency's cost billed to the Department. All Agencies' costs invoiced must have
been incurred by the Agency prior to the date of the invoices, All invoices submitted to the Department must provide
complete documentation, including a copy of the contractor(s) or consultant(s) invoice, to substantiate the cost on the
invoice. The Agency must certify on each invoice that the costs from the contractor(s) or consultant(s) are valid and have
been incurred by the contractor(s) or consultant(s). Each monthly invoice subsequent to the first invoice from the Agency
must contain a statement from the Agency that the previous month's cost incurred by the contractor(s) or consultant(s)
has been paid by the Agency to the contractor(s) or consultant(s).
Date Advance Payment Approval
Received from FOOT Comptroller
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EXHIBIT L
Landscape Maintenance Agreement
Article 13.14 is expanded by the follOWing:
The Department and the Agency agree as follows:
1. Until such time as the Project is removed from the project highway pursuant to paragraphs 3 and 5 hereof, the
Agency shall, at all times, maintain the project in a reasonable manner and with due care in accordance with all applicable
Department guidelines, standards and procedures (Project Standards). Specifically, the Agency agrees to:
(a) Properly water and fertilize all plants, keeping them as free as practicable from disease and harmful insects;
(b) Properly mulch plant beds;
(c) Keep the premises free of weeds;
(d) Mow and/or cut the grass to the proper length;
(e) Properly prune all plants which responSibility includes (I) removing dead or diseased parts of plants or (II) pruning such
parts thereof which present a visual hazard for those using the roadway, and
(f) Remove or replace dead or diseased plants in their entirety, or remove or replace those plants that fall below original "Project
Standards."
The Agency agrees to repair, remove or replace at its own expense all or part of the project that falls below "Project
Standards" caused by the Agency's failure to maintain the same in accordance with the provisions of this paragraph. In the
event any part or parts of the project, including plants, have to be removed and replaced for whatever reason, then they
shall be replaced by parts of the same grade, size and specification as provided in the original plans for the project.
Furthermore, the Agency agrees to keep litter removed from the project highway,
2, Maintenance of the project shall be subject to periodic inspections by the Department. In the event that any of the
aforementioned responsibilities are not carried out or are otherwise determined by the Department to be not in
conformance with the applicable project standards, the Department, in addition to its right of termination under paragraph 4
(a), may at its option perform any necessary maintenance without need of any prior notice and charge the cost thereof to
the Agency,
3, It is understood between the parties hereto that any or all of the project may be removed, relocated or adjusted
at any time in the future as determined to be necessary by the Department in order that the adjacent State road be
widened, altered or otherwise changed to meet with the future criteria or planning of the Department. The Agency shall be
given notice regarding such removal, relocation or adjustment and shall be allowed 60 days to remove all or part of the
project at its own cost. The Agency will own that part of the project it removed. After the 60 day removal period, the
Department will become the owner of the unremoved portion of the project, and the Department then may remove, relocate
or adjust the project as it deems best, with the Agency being responsible for the cost incurred for the removal of the
4, This Agreement may be terminated under anyone of the follOWing conditions:
(a) By the Department, if the Agency fails to perform its duties under this Agreement following 15 days written notice
(b) By either party following 60 calendar days written notice.
5, In the event thiS Agreement is terminated in accordance With Paragraph 4, the Agency shall have 60 days
after the date upon which this Agreement is effectively terminated to remove all or part of the remaining project at its own
cost and expense. The Agency will own that part of the project it removed, After the 60 day removal period portion of the
project, the Department then may take any action with the project highway or all or part of the project it deems best, with
the Agency being responsible for any removal costs Incurred.
6, This Agreement embodies the entire agreement and understanding between the parties hereto and there are no other
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EXHIBIT L
Landscape Maintenance Agreement
agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and
superseded hereby.
7. This Agreement may not be assigned or transferred by the Agency In whole or in part without consent of the
Department.
8. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.
9. All notices, demands, requests or other instruments shall be given by depositing the same in the U.S. Mail,
postage prepaid, registered or certified with return receipt requested or by telex or telegram:
(a) If to the Department, addressed to:
Steve Gonot
3400 W. Commercial Blvd
Ft. Lauderdale. FL 33309
or at such other address as the Department may from time to designate by written notice to the Local Agency; and
(b) If to the Local Agency, addressed to,
Randal Kreicarek. P.E.
434 S. Swinton Ave.
Oelrav Beach. FL 33444
or at such other address as the Agency may from time to time designate by written notice to the Department.
All time limits provided hereunder shall run from the date of receipt of all such notices, demands, requests and other
instruments.
,
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525-010-40
PROJ MGT. RESEARCH & DEV OFC
OGC -11/03
EXHIBIT R
ADVANCE PROJECT REIMBURSEMENT
Article 2.02, second and third sentences are deleted and the follOWing substituted:
This agreement shall continue in effect and be binding on all parties until the project is completed, any subsequent
litigation is complete and terminated, final costs are known, and legislatively appropriated reimbursements, if
approved, are made by the Department.
Article 7,00, first sentence is deleted and the follOWing substituted:
The Department agrees to reimburse the Local Agency In accordance with Section 339,12 of the Florida Statutes an
amount not to exceed the total estimated cost specified in Article 3,01 beginning in the Department's Fiscal Year _
If the funding is from the Federal Highway Administration (FHWA), the payment will be made in a lump sum in the
year(s) the project is scheduled in the Department's Work Program as of the date of the agreement. If the FHWA
funding is programmed in the Departments Adopted Work Program over a multi-year period, an annual amount
equal to the amount programmed will be reimbursed in each of these years .If the project is for resurfacing, is
estimated over two million dollars and is state funded, payments will be made in six equal quarterly payments
beginning in the year the project was originally programmed. For all other state funded construction contracts
estimated over two million dollars, payments will be made in ten equal quarterly payments beginning in the year the
project was originally programmed. All payments will be made in accordance with Section 6,00 of the agreement.
If there is a required local match of non-federal share, the reimbursement will be reduced by the required amount.
The Department further agrees to request appropriation of said amounts from the Legislature prior to each fiscal year In
question,
..
525-010-40
PROJ MGT, RESEARCH & DEV OFC
OGC . 11/03
EXHIBIT RL
Roadway Lighting Maintenance Agreement
J. a, The Agency shall, at its sole cost and expense, maintain the existing or about to be installed Roadway Lighting
System throughout its expected useful life unless and until this Exhibit is superceded by a State Highway
Maintenance and Compensation Agreement.
b. In maintaining the Roadway Lighting System, the Agency shall perform all activities necessary to keep the
Roadway Lighting System fully and properly functioning, with a minimum of 90% lights burning for any lighting
type (ex. high mast, standard, underdeck, sign) or roadway system at all times for their normal expected useful
life in accordance with the onglnal design thereof, whether necessitated by normal wear and tear, accidental or
intentional damage, or acts of nature, Said maintenance shall include, but shall not be limited to, providing
electrical power and paying all charges associated therewith, routine inspection and testing, preventative
maintenance, emergency maintenance, replacement of any component parts of the Facilities (including the poles
and any and all other component parts installed as part of the Facilities), and the locating (both vertically and
horizontally) of the Facilities as may be necessary.
c. All maintenance shall be in accordance with the provisions of the following:
(1) "Manual of Uniform Traffic Control Devices", and
(2) All other applicable local, State or Federal laws, rules resolution or ordinances and Department procedures.
2. Record Keeping
The Agency shall keep records of all activities performed pursuant to this Exhibit. The records shall be kept in
such format as is approved by the Department.
4. Default
In the event that the Agency breaches any of the provisions above, then in addition to any other remedies which
are otherwise provided for in this Agreement, the Department may exercise one or more of the following options,
provided that at no time shall the Department be entitled to receive double recovery of damages:
a. Pursue a claim for damages suffered by the Department or the public,
b. Pursue any other remedies legally available,
c, As to any work not performed by the Agency, perform any work with its own forces or through contractors and
seek reimbursement for the cost thereof from the Agency If the Agency fails to cure the non-performance within 14
calendar days after wntten noticed from the Department, however that advance notice and cure shall not be
preconditions in the event of an emergency.
I
r
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525-010-40
PROJ MGT, RESEARCH & DEV OFC
OGC - 11/03
EXHIBIT RL
Roadway Lighting Maintenance Agreement
5. Force Majeure
Neither the Agency nor the Department shall be liable to the other for any failure to perform under this Exhibit to
the extent such performance IS prevented by an act of God, war, riots, natural catastrophe or other event beyond
the control of the non-performing party and which could not have been avoided or overcome by the exercise of
due diligence; provided that the party claiming the excuse from performance has (a)promptly notified the other
party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the effect of the occurrence
to the extent possible, and (c) resumed performance as soon as possible.
6. Miscellaneous
a. The parties understand and agree that the Department has manuals and written policies and procedures which
shall be applicable at the time of the project and the relocation of the facilities and except that the Agency and the
Department may have entered into joint agreements for utility work to be performed by a contractor. To the
extent that such a joint agreement exists, this Exhibit shall not apply to facilities covered by the joint agreement.
Copies of Department manuals, policies, and procedures will be provided to the Agency upon request.
b. Time is of the essence In the performance of all obligations under this Exhibit.
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~ . -
525-010-40
PROJ MGT, RESEARCH & DEV OFC
OGC - 11/03
EXHIBIT T
Traffic Signal Maintenance Agreement
Article 13.14 IS expanded by the following:
The parties mutually agree and covenant as follows:
1, When the District Traffic Operations Engineer of the Department has served a request order on the Agency,
and the designated officer of the Agency has favorably acknowledged the request order, the Agency shall undertake the
responsibilities to maintain and operate existing or new traffic signals and signal systems mentioned in the request order,
2. The proposed functional design and operation of new traffic signals and signal systems shall be reviewed by
the Agency in conjunction with the Department prior to installation. Such design and operation will be as energy efficient
as possible. .
3. The installation of signals or signal systems shall not endanger highway travel and shall be conducted in
accord with Part VI of the "Manual on Uniform Traffic Control Devices" (MUTCD) as amended, and with all applicable
Department standards, specifications and plans governing traffic control for street and highway construction and
maintenance.
4. The Local Agency shall be responsible for the maintenance and continuous operation of the traffic signals,
traffic signal systems (central computer, cameras, message signs, and communications interconnect), school zone traffic
control devices, intersection flashing beacons, illuminated street sign names and the payment of electricity and electrical
charges incurred in connection with operation of such traffic signals and signal systems upon completion of their
installation. In the case of construction contracts, the Agency shall be responsible for the payment of electricity and
electrical charges Incurred in connection with the operation of the traffic signals and signal systems, and shall undertake the
maintenance and continuous operation of said traffic Signals and signal systems upon final acceptance of the installation by
the Department Repair or replacement and other responsibilities of the installation contractor and the Department, during
the burn-in period between conditional and final acceptance. are contained in the most recent Department's "Standard
Specifications for Road and Bridge Construction."
5. The Agency shall maintain and operate the traffic signals and signal systems in a manner that will ensure safe
and efficient movement of highway traffic and that agrees with maintenance practices prescribed by the International
Municipal Signal Association (IMSA) and operational requirements of the Manual on Uniform Traffic Control Devices
(MUTCD), as amended. The Agency's maintenance responsibilities shall include, but not be limited to, preventive
maintenance (periodic inspection, service and routine repairs), and emergency maintenance (trouble shooting in the event
of equipment malfunction, failure, or damage). The Agency shall record its maintenance actiVities in a traffic signal
maintenance log which shall contain, as a minimum, traffiC signal log details recommended by the IMSA.
6. The Agency may remove any component of the installed equipment for repair; however, it shall not make any
permanent modifications and/or equipment replacements unless the equipment provi~ed is the same age or newer and is
capable of performing the same functions. The Department shall not make any modifications and/or equipment
replacements without prior written notice to the Agency.
7, The Agency shall set and maintain the timing and phasing of the traffic signals in accordance with the
Department's timing and phasing plans, specifications, or special provisions. The Agency may make modifications in
phasing of signals and signal systems to accommodate changing needs of traffic provided prior written approval is obtained
from the Department. Department approval shall be contingent upon an engineering report prepared by or for the Agency
in accordance with Section 1A.09-4 Engineering Study and Engineering Judgment of the MUTCD recommending such
changes and Signed and sealed by a qualified Professional Engineer licensed in the State of Florida. The Agency may
make changes in the signal timing provided these changes are made under the direction of a qualified Professional
Engineer. The Agency shall send a signed and sealed copy of the timings to the Department immediately after installation.
The Department reserves the right to examine equipment, timing, and phasing at any time and, after consultation With the
Agency, may specify modifications, If the Department specifies modification in timing and/or phasing, implementation of
such modifications shall be coordinated with, or made by the Agency.
8 The Agency shall note of in the maintenance log any time and/or phasing changes and keep a copy of the
timings and any approval documentation in a file,
9 The Agency may enter into agreements With other parties pertaining to traffiC signals and signal systems
Including, but not
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525-010-40
PROJ MGT, RESEARCH & DEV OFC
OGC . 11/03
EXHIBIT T
Traffic Signal Maintenance Agreement
limited to, agreements relating to costs and expenses incurred in connection with the operation of traffic signals and signal
systems on the State Highway System, provided that such Agreements are consistent with the mutual covenants contained
In this Exhibit. The Agency shall furnish a copy of such agreements to the Department.
10. This Exhibit shall remain in force during the life of the originally installed equipment and/or the life of any
replacement equipment installed with the mutual consent of the parties hereto unless there IS an existing agreement that
provides the same requirements or until superceded by a Traffic Signal Mainenance and Compensation Agreement
between the Department and the Agency.
...
:: - ~ ~
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-30
FEDERAL-AID PROJECT FUNDING REQUEST CONSTRUCTION
. 08100
tI Page 1 o( 2
DATE: 4-7-2005
/ ,GENCY: City of Delray Beach FEDERAL-AID PROJECT NUMBER: ( )
IN NUMBER: 4118130-1 STATE JOB NUMBER: N/A TIP PAGE NO.:
() lROJECT TITLE: W. Atlantic Ave.
) 'ROJECT TERMINI FROM. NW/SW 10th Ave. TO: NW/SW 6th Ave.
.yORK PHASE: o PLANNING o ENVIRONMENT 0 DESIGN [Xl CONSTRUCTION o RIGHT OF WAY
:..WARD ll'PE: o LOCAL o lOCAL FORCES
=NVIRONMENTAL DOCUMENT: Mark the type of environmental document prepared, indicate the approval date, and the most recent
reevaluation date.
EIS approved on , and reevaluated on
EAlFONSI approved on . and reevaluated on
Categorical Exclusion: .
: :
Programmatic Categorical Exclusion determination on April 7, 200<; -
fype I Categorical Exclusion determination on April 7. 2005
rype II Categorical Exclusion approved on
::ategorical Exclusion Reevaluation on
TOTAL LOCAL AGENCY STATE FEDERAL FUNDS PERCENT OBLIGATION DATE
PHASE ESTIMATED COSl FUNDS FUNDING (Nearest dollar) FEDERAL Month { Year
(Nearest Dollar) (Nearest Dollar) (Nearest Dollar) FUNDS
'LANNING
PD&E
DESIGN '-
RJW
CaNST. $500.000.00 $500 000.00 100
TOTAL $500 000.00 t<:;(l(l (l(l(l (l(l
DESCRIPTION OF EXISTING FACILITY (Existing Design and Present Condition)
Roadway Width: Number of Lanes: 4
Bridge Number(s) on Project: N/A --
.
DESCRIPTION OF PROPOSED WORK 0 New Construction o 3-R 00 ENHANCEMENT o CONGESTION MITIGATION
Roadway Width: Number of Lanes: 4
Bridge Number(s) on Project: N/A
lOCAL AGENCY CONTACT PERSON: Randal TiTLE: Ci t En ineer
MAILING ADDRESS: PHONE: 561-243-7322
CITY: Delra Beach FL ZiP CODE:
LOCATION AND DESIGN APPROVAL BY:
(ApprOVIng Authority)
TITLE: DATE:
r
I
,
, .
-
- .
--
,
,
52S-O 100JO
.. CONSTRUCTiON
.
08lCO
Pogo 2 cr 2
__ ___ AGENCY:.De ~r-ay--BeiI-GR - J~2-_0JECT TlIL_E: _.W--. -At-l-anti ch-Avc Beat! :Hi ------~----- D_~ TE_:. M71Q5. - -- - -- -. -- --
eNVIRONMENTAL COMMITMENTS AND CONSIDERATIONS:
RIGHT OF WAY AND RELOCATION: . -
. -,
. ..-. . -
.. -.. "..
: -
; PROJECT HAS BE"N REVIEWE" BV THE LEGISLATIVE BODY OF TH=e!TRATION AGENCY OR AGENCIES. OR
DESIGNEE, AND IS NOT INCONSISTENT WITH THE AGENCYS COMPR. E PLAN FOR COMMUNl1Y
h 'ELOPMENT. ~ "
. AGENCY: ~~~,
DATE: BY:
(Mayor/Chairman)
-.
.-
-'
),
--
,
-
REQUEST FOR AUTHORIZATION (RFA)
CHECKLIST
* Federal Aid Project No.
--- - . . ~ - . - --- - - -. -- - --. -------- -- -- - - - -- ----- - -- - - - - .-- --- - --- ------ -- ----
* FM No. 411890-1-58-01
* County: Palm Beach
. * Project Location: SR 806, West Atlantic Ave.. from SW/NW 10rh Av~ rn sw/NW hTh Av~
* S~ope of Pr~posed VI/ork'for t~is RFA (Detailed Explanation): Beautification proiect involves in!>tallatinn nf
brlck paver sldewa1ks and crosslngs, decorative street lights, underground electric, landscape nodes, water
maln upgraae, dralnage,_landscaplng and lrrigation in the public right-of-way.
1. Project is on approv~d Federal Aid system: x Yes No
*2. Sketch Map is included in package: x Yes No
3. Advance notification sent: . - Yes x No
4. Project exempt from the Intergovernm!=fltal
Coordination and Review (formerly A-95) x Yes No
5.. Location Approval Granted: - x Yes No
6. Design Approval Granted: x Yes No
*7. The environmental docu'ment was processed under WPI # NfA ,FM# 411890-1-58-01
and Federal Aid Project #
*8. The project is a Categorical Exclusion under (check one) ( x ) 23 CFR 771.117(c) or ( ) .Programmatic"
as approved by FHWA and listed in the Project Development and Environmental Manual. COMPLETE THE
FOllOWING IF APPLICABLE: This project was re-evaluated in accordance with 23 CFR 771.129 on
*g. The environmental document for this project was a (check one) ( x ) Categorical Exclusion under 23 CFR
- 771.117(d) approved on April 7. 2005 , ( ) FONSl under 23 CFR 771.121 approved on
( ) Final Negative Declaration approved an I or Final E:wiromnentallmpact Statement
under 23 CFR 771..125 approved on , A reevaluation in a::::cordance with 23 CFR 771.129 was
approved on
10. Project is on page no. of the current STIP.
11. Project is not in the STIP. Please ad it at this time.
*12. This project will x will net be developed under the terms of Florida's Certification Acceptance
program for Final Design Phases, Award and Construction as approved by FHWA an August 9, 1991.
Design ONL y'covered under CA yes X no. Award and Construction covered und~r CA
x yes no.
\
Additional requirements for all urban areas.
.. 1. Project is on page no. I Item no. of the current TIP for the urban areas.
. 2. The City of De1rav Beach urban area has been certified x yes no.
Addition requirements for all toll facilities.
. 1. Project is or is not _ on a tall facility. Project is proposed as a toll facility _ yes _ no.
. 2. A Section 129 Agreement must be executed prior to requesting authorization of projects on existing or
proposed toll facility. Attached yes.
... Required Items
~
'"
>
TYPE 1 PROGRAMMATIC CATEGORICAL EXCLUSION CHECKLIST
FM NO. 411890-1-58-01 CONTRACT NO.
-- ----._~ ---~ ---------- - -- - - -- - -
- - . < ----------
PROJECT LOCATION: SR 806, West Atlantic Ave.. from SW/NW 10th Ave to SW/NW 6th Ave.
PROJECT DESCRIPTION: Beautification paroject involves installation of brick paver sidewalks
crossings, decorative street lights, underground electric, landscape nodes, water main upgrades, drainage,
landscaping and irrigation in the public right-of-way.
YES I NO I QUESTIONS
I
\ I Are the impacts to local traffic patterns, property, property access, community
I cohesiveness, planned community growth or land patterns not adverse?
I Are all air, nQ.i~e, and water impacts negligible or non-existent?
i If there is wet land involvement, does it qualify for Nationwide or General Permit.
I -
- I :
i Can the project proceed without a U_ S. Coast Guard .permit ?
I I Ar~ any or all flood plain encroachments not significant in accordance with Part ~
; Chanter 24 ?
i Will endangered and threatened species and their critical habitats remain unaffe
I
i
i Is there no right-of way or an insignificant amount of right-of-way required for the
, project? .
I Are the residential or business relocations for the project not significant?
I \ Is Section 4(f) not applicable to the project ?
I
I I Have properties protected under Section 106 which are taken, used or in close
I proximity to the project been identified and if applicable reviewed by SHPO, an<
determination of "No Effect" or "No Adverse Effect" been given?
The project does not require a public hearing or an opportunity for a public heal
IMPORTANT: If the answer to any of these questions is NO, then a Type 1 or
Programmatic Categorical Exclusion does not apply.
Figure 3.2 Type 1 Programmatic Categorical Exclusion Checklist (continuE
Rev. 10/31/97 PART 1. CI
I
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-
STATE OF FLORiDA DEPARTMENT OFTRANSPORTATlON .;II~~-"
LOCAL AGENCY PROGRAMfFDOT NO ADDITIONAL RIGHT OF WAY CERTIFICATION RIGHT OF WAY
11/0"i
RJW ITEM/SEGMENT NO.: N/A MANAGlNG DISTRICT: 4
CONST, ITEM SEGMENT NO.: N/A STATE ROAD: 806
FAP. NO.: 411890-1-58-01 DESCRIPTION: Beautification oroiect of SR 806, w.
- --C-OUNTv~------ _____h__ -------- - ____u --- -- ----- - ---- - -------- At~t-~-i~- A~e-~ i~~;;;- sw;F.j-W-l ot"h-/ivetoSW/NW 6"t"h--Ave.------
PREFERRED LETTING DATE: N/A LOCAL AGENCY: City of Delray Beach
This is to certify that right of way for the above described project meets the requirements of 49 CFR, Part 24 and 23 CFR,
Part 635.309, if applicable, as well as statutory and procedural requirements for:
Gl Federal Construction Project Ii] State Highway System Project
o Non-federal Construction Project o Non-State Highway System Project
o Scenic Enhancement Project (no construction)
as detailed below: (Check applicable items)
1. TrTLETORIGHTOFWAY
Ii] No additional right of way was required for this project.
2. RELOCATION ASSISTANCE
Ji1 No persons, businesses, or personal property have been or will be displaced by this project.
3. DEMOLITION OF IMPROVEMENTS
[i] No structures or improvements have been or will be removed from the right of way for this project.
RIGHT OF WAY CERTIFiCATION BY THE AUTHORIZED LOCAL AGENCY REPRESENTATIVE:
DRAFT 417/nr:,
Name (printed): Randal L, Krejcarek, P.E. Date
Title: City EnQineer
Agency: City of Delray Beach
RJGHT OF WAY CERTIFICATION BY:
_ District Right of Way Manager Date
_ Assistant District Right of Way Manager
~
Date: 14 ApI' 2005 AGENDA ITEM NUMBER: ~ b
0
AGENDA REQUEST
Request to be placed on:
-X- Consent Agenda _Regular Agenda _ Workshop Agenda _Special Agenda
When: 19 ApI' 2005
Description of Agenda Item (who, what, where, how much):
This agenda item is for Commission approval/authorization for Mayor to sign the Local Agency
Program agreement with FDOT for the beautification of West Atlantic Avenue from 10th Ave
to 6th Ave. This project includes hardscape, landscape and decorative street lights. The FDOT
is providing $500,000.00 towards the construction of this project. The total project cost is
estimated at $2,100,000.00.
Staff Recommendation: APCZl
Department Head Signature: -_~ ~( ~ tf- i \- .:f
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes I No Initials: NA
Account Number
Description
Account Balance: ,
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agenda: e / No Initials: t7l1
,
Hold Until:
Agenda Coordinator Review:
Received:
S:\EngAdmm\Pro)ects\2004\2004-034\OFFICIAL\19 apr 2005 agenda request,doc
01(
[IT' DF DELRA' BEA[H t4
DELRAY BEACH
, lOR I Il A
tI.O.I:II 100 N,W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 561{243-7000
All-America City
'1111:0 MEMORANDUM
David T. Harden, City Manager
1993 ~obert A. Barcinski, Assistant City Manager
2001 FROM:
DATE: April 14, 2005
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING
APRIL 19,2005 SPECIAL EVENT APPROVAL -
ART & JAZZ ON THE A VENUE (JUNE 30, 2005)
ACTION
City Commission is requested to endorse the next Art & Jazz on the A venue scheduled
for June 30, 2005 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR
Section 2.4.6. (H) for the closure of Atlantic Avenue from Swinton to N.E. ih Avenue,
the south side of Atlantic Avenue (one lane) from N.E. ih Avenue to just past the Blue
Anchor Pub, Railroad Drive from Atlantic to N.E. 1st Street, and NE 2nd Avenue from
Atlantic A venue to NE 1st Street, and to authorize staff support for security and traffic
control, banner hanging and removal, barricade set up and removal, trash and clean up
assistance. The street closure will be from 3 :00 p.m. to approximately midnight.
BACK6ROUND
Attached is a permit request for approval and City assistance for this event from Marjorie
Ferrer. The estimated overtime cost for this event is approximately $6,600. A copy of
the hold harmless agreement, insurance certificate, and event budget is attached. Per our
event policy the Joint Venture will be required to pay 20% of all costs over $1,000.
Estimated payment to the City is $1,120.
RECOMMENDATION
Staff recommends endorsement of the event, approval of the temporary use permit, street
closure, and staff support as requested.
RAB/tas
cc: Lt. Joseph Milenkovic
Fire Inspector Lt. Jim Tabeek
Joe Weldon
Harold Bellinger
Jim Schmitz
File u sweeney/events
Doc Agenda An and Jazz on the avenue 063005
* Pnnted on Recycled Paper THE EFFORT ALWAYS MATTERS <2\-\
. City of Delray Beach DELRAY BEACH
f l 0 . I D ..
tr -tr.ed
Special Event Permit ~ ~C~1tT~
Application r.<T/( 2 ,
c//j,~~/~oo It
PLEASE TYPE OR PRINT
1\1-10' 1993
f2~ 2001
Event NamefTitle: AN'!' I JAZL (f)",. "11 J:f A~IYPt::
J ,
Event Date(s): Jv/VE ,30 -2 ~ 1),..5
I
Event Time(s): -- '''/110 ~", :b~~
Event Sponsor/Producer: ~
Event Contact/Coordinator: J'1d" R J, I? lIE' ht1?tRE ~
J Name: ;tU.tR..:r~~/e rel{(<E:12-
Address: · 6" S.&:. 5 A-II<!. - OG"LRJ'/ JiPft'11-
Telephone Number: 56'- ~ '1f1 .../3i01C.rf. Cellular Number: Q1' - 31" ~
E-mail Address: fI A RJ'1IJ1t11e. ~ DfCL~flY ./1t::Arn, ~11
.,.;Au E .A V~Jf Vf' I~
tie t ~ t' ,,, t) e. e..
~ ~v~ ~~rOl6h 1fC'&..'
oJA ~f.- : 4'/>EAI 1c.J.f'€ J=,ptl'f. tPtllIt.......
, ~~ttt iV1'$ - fip IJpl H' -I3.V,J'I(ycf'S 7if) r#€'
Sponsor Category (please check) CitY~NOn-profit/Charitable 0 Private 0
Co- ponsor - Non-Profit/Private 0
(If Non-profit attach proof of 501c(3) or (d))
Event Location (Describe area bound
.
.
Jr
/Site plan attached yes X no
(Site plan required for entire event site) rfJ f~~E
~ventbudgetattached yes 0 no
(Required for all events)
Serving or selling alcoholic beverages yes no X'
(If yes, copy of license and a/coho/liability insurance required two (2) weeks prior
to event)
1
.
.
.
Event certificate of insurance attached yes X no
(Required two (2) weeks prior to event naming the City as additional insured, afso
required for vendors)
Playing of amplified music yes K no
(Waiver required) ~ ({IE: (i.., E S.,. .WA-'II~~ OF NOISE- ~/"" It- Nl' E
Requesting Police assistance yes X no
(traffic control/security)
Will supplement with private security yes no X
(If yes, need plan attached)
Requesting Emergency Medical assistance yes no ~
Requesting barricade assistance yes X no
Requesting trash removal/clean up assistance yes X no
Requesting trash boxes and liners yes X no
Requesting stage use yes no X
(If yes, check type)
Large stage covered 0 Large stage no cover o Small stage 0
Half small stage 0
Requesting signage yes no
Type: Event sign Directional signs
Banner hanging X Indicate dates required ~ , "."f.::. ~It> I'l-
(Waiver required if more than one (1) week prior to event)
Food and beverage vendors yes no Y
If yes, approximate number ~
Health Department approval yes no
Other vendors yes no X
Tents SPfJtl50R..s ~IVLt yes 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 K
(Show on-site map)
2
.
..
Will there be fireworks or other pyrotechnics yes no X
(If yes, contact Fire Marshall)
Will there be cooking with compressed gas yes no ~
(If yes, contact Fire Marshall)
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) ~IV J/rE ~AP
Will there be a charge for the event yes no )(
(If yes, indicate ticket prices)
Is reserved parking requested yes no ~
(If yes, indicate locations)
Event coJMtiL!{ M ~
Date
Please print:~ A.J'6 R.l ~ cQ.R..~ a.-
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 o~~ ---1 - ~
Application fee received ~
Date Receivefj ~ O~ ~
TO Fo L.,L() tJ
Site map ..,/'
~
Budget v
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 ;1rJY~ :fA 22.. - '/3(J/~ "
. j i'! i I I I i I i I I: I I i I I I I I I !
I ! j I I I i I !! I I I !
\jj ....1<( II) 010.0 oij.'I! 0 II 0 0 '0'.0 0 I o. 0' 'I loloo[ 0 :01 0
'"1-00,000, 0.000100 00, ,0,00, 01'0,
'"" o. C!.j o. o. 0' C!. o. C!.' C!.I.... C!. C!. I() N 'I() lit I N o.
o 1-0 N 0100 0: ; (Y') .....!II)' "II'" NI COl' I" NI' ,0
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cc ' : "1 I ! i I
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ACORD.. CERTIFICkfE OF LiABIl.fTY INSURt-qACE DATE (MIWII)t1m'n1 I
DOWNT-2 I 02/24/05 I
PROOlJCER THIS C!;:RTlFICAT!: IS ISSUED AS A MATTER OF INFORMA.TlON
OI\It Y AND CONFERS NO RIGHTS UPON TlfE CtORTI!'ICATE
~he Plastridge Agency, I:nc_ HOWER. THIS CERTIFICATE DOES NOT IlMENO, EXTEND OR
820 N. Fede:J:'al l1ighws.y Ai- TER THE COV!;RAGlO AFFORDED BY ,HE POLICIES BELOW.
Delray Beach FL 33483
Phone;S6~-276-522~ Fax=56~-27G-5244 INSURERS AFI"ORDlNG COVERAGE NAten
_._-~ 'INSURER A' ------- ---
1N5UIlEI! Scottl1'da~~~~___
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>>owntown Delr~y Beach Joint ~~---
Venture Co~r~sed of; DnA: C~
& DB Chamber of Casmeree INSURE~ c'
---
G4 S.E. 5th Avenue INSURER o'
De1~ay Beach FL 3J44~ III!$URER'ii.
COVEAAGES
THE POLICIES OF INSURANCE LISTED SELOW HAve BEEN ISSUED TO lrlE INSUREl> WlMEO ABoVe FOR ~E POllCV ""ROO INDrCAT~D NOi\",l1oISTANDII'lO
ANY I'lEQIJIREMENT, TeRM OR CONOlnOill OF ANY COmRACT OR OTHER DOCUMENT WITH RESPECT TO WHICfi illlS CERTIFICATE WoAV BE ISSUED OR
MAY PERTAIN, THii INSURANce AFFORDED B\' THE POLICIES OesCRlB'O HERgN IS SIJBJl!CTTO ALL TIoIE TERMS, EXC~USIONS AND CONDITIONS OF SUCH
POLICIES AG~REGATe;; LIMITS SflOWIII MAY HAVI; seEN ReDUCED BY PAID ClAIMS
lYPE Of INSURANCE ,- POlICYNUM!l\~R - I "S.~ DA.Te ~~ ----;:;~S
GENI;RAL llABlUrv EACH OCCURRENCI; ~ J.OO 0 0 00
X X cOMMeRCfALGENi;RALLIIlBILITY I CLS098G161 01/23/05 ~~
A 01/23/06 PR.EM1S~~:e1 I' SOO~_
~ CLAIMS tIl.>.O" [i"J OCCUR I MEO~~1 s;
---
PERSON'lL & A'JI! INJURY $1.000000
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'-1_ GEIIIE~AGGI'lEGATe s :1.000000 _
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PROOUCTS - COMPIOP ,0,00 ~
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NON-OWNED AUTOS --
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DESCRIPTION OF OPERATIONS II.000TIOi'4S1 VEHICLES I ~U$ION5 ADDED DY ENDORSEMENT 18PecIAL P~"'''ONS
spQeia~ Events - 5 Art ~ Ja=~ ou the Avenue! 8 Summer
Ni9h~9 on tbe Avenue / Balloon Glow / The City of Delray Beaeb is listed as
additional insured with respect to General Liablity ONLY.
CEkTIFlCltTE HOLDER CANCElLATION
DELRA-). s.lOUlD ANY 01' THE ABOVE llESCRlBED POLICIES 115 CANCllLL"O I\lEFORE THE EXPIRATION
C1ATE T~REOI', THE IS$lIING INSURER WILL ENn~lfOtt TO MAIL ~ DAYS WRlTI'eN
NOTICE TO TilE C:EIr.'IFICATE HOLDER NAMED TO mE leFT, Bm- FllllUFlf TO DO 50 SHA1.l
City of Datray Beach IMPOSE: NO OIlUGATION OR llABII..ITV OF ANY KIND UPON T"~ INSURSil. ITS AGEPJTS OR
100 lQ.W. 1st Avenue REPIlIi~trrATlves,
Delray Beach FL 33444 AUTltORll:ED R!:PRESENTl'\TIVe;
;
ACORD 25 (2001/00)
. .
.
-
SPECtAL EVENT
HOLD flARMLESS AGREEMENT
The DowntoYm DelravBeacn Joint Venture in co'1sideration of.the payment of ten (10)
(Name of Entity) .
dollars, receipt of which is hereby acknowledged, agrees to indemnify, hold hannless
and defend the City ,of Delray Beach, its agents and employees from all suits, actions
. and claims induding attorney's fees and costs attendant to any claim, titigation,
administrative proceeding, appeal and judgment of every name ~nd description brought
against the City as a result of loss, damage or injury to person Of property arising from
and in exchange for the Downtown Oelrav Beach Joint Ventur~ use of City faCIlities or .
(Name of Entity)
. property 'for the special event of "ART & JAil. and hereby retease~ the City of Delray
Beach, its agents and employees from aU suits, actions and daims induding attorney's
fees and costs attendant to any daim, litigation. administrative proceedings, ~ppeal and
judgment of every name and description brought against the City as a result of loss,
damage or injury to person Of property arising from the speCial event of ARt & JAZZ.
(Name of En~ty)
" This Indemnification and Hold Hannless and Defend Agreement is only to the extent
ol insurance _ maintained by the Downtown Delray Beach Joint Venture as covered
under Scottsda~e Insurance Company Policy number CLS0737702
ART & JAU..
(Name of Special Event)
5ih( /dt~
Witness ,
Mi ael Ustick, Chairman
, ,fe-LIY1A KLe'J rr /fJ.A y' Delray Beach Joint Venture
Print Name Michael Ustick
Print Name
Witness
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~
Mar 28 05 03:44p DELRAY BCH CHAMBER 5612780555
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MEMORANDUM
TO: MAYOR AND CIlY COMMISSIONERS
FROM: CfIY MANAGER t~~
SUBJECT: AGENDA ITEM # I. - REGULAR MEETING OF APRIL 19. 2005
TRANSPORTATION ENHANCEMENT APPLICATION
DATE: APRIL 15, 2005
'Ibis is before Commission to authorize staff to submit applications for the Year 2005 Transportation
Enhancement Application Cycle for FY 2010-2011 funding.
The first application, priority 1, will be for the continuation of the construction of bicycle lanes on
Homewood Boulevard from Lowson Boulevard to Linton Boulevard. The first phase of this
proposed bike lane project, Lowson Boulevard to West Atlantic Avenue, was submitted last year for
funding in FY 2009-2010. The second application, priority 2, will be for the construction of sidewalks
and bicycle lanes on N.W. 2nd Street from N.W. 5th Avenue to North Swinton Avenue. The third
application, priority 3, will be for the continuation of construction of bicycle lanes on Homewood
Boulevard from Linton Boulevard to Old Germantown Road. The chart below indicates how
funding will be requested for each project.
Project Grant Request Total Project Cost
Homewood Blvd., - Linton to Lowson $360,000 $432,000
N.W. 2nd St. - N.W. 5th Ave. to N. Swinton $267,000 $321,000
Homewood Blvd. - Old Germantown to Linton $270,000 $325,000
The City's match for each of these grants will be the design and construction services. The potential
projects will be included in the City's CIP.
Recommend approval of staff submitting applications for the Year 2005 Transportation
Enhancement Application Cycle for FY 2010-2011 funding.
s, \Ctty Clerk \agenda memos \ TransportatIOn Enhancement Appl 04 t 905
-~-
,
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
WWW.iU rD elrll v Belich. com
TO: David T. Harden ~
FROM: Randal L. Krejcarek, P.E. 2
DATE: 14 Apr 2005
SUBJECT: Year 2005 Transportation Enhancement Application Cycle
FY 2010-2011 Funding
Agenda Item
Project # 2005-045,2005-046,2005-047
The attached agenda Item is for Commission approval/authorization for Mayor to sign three
applications for Year 2005 Transportation Enhancement Application for funding that will be
available in FY 2010-2011,
The first application, priority 1, will be for the continuation of construction of bicycle lanes on
Homewood Blvd from Lowson Blvd to Linton Blvd. The first phase of this proposed bike lane
project, Lowson Blvd to W Atlantic Ave, was submitted last year for funding In FY 2009-2010.
The second application, priority 2, will be for the construction of sidewalks and bicycle lanes on
NW 2nd St from NW 5th Ave to N Swinton Ave. The third application, priority 3, will be for the
continuation of construction of bicycle lanes on Homewood Blvd from Linton Blvd to Old
Germantown Road, The chart below Indicates how funding will be requested for each project.
Proiect Grant Request Total Proiect Cost
Homewood Blvd - Linton to Lowson $360,000 $432,000
NW 2nd St - NW 5th Av to N Swinton $267,000 $321,000
Homewood Blvd - Old Germantown to Linton $270,000 $325,000
The City's match for each of these grants will be the design and construction services,
These potential projects will be included in the City's CIP,
Maps are attached for your reference,
Please place this item on the 19 Apr 2005 Agenda for consideration by City Commission.
Thanks.
enc
cc Richard C. Hasko, P,E.
City Clerk
Agenda File
S'IEngAdmm1Projects1200512005-04510FFICIAL119 apr 2005 agenda memo, doc
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~ CITY of DELRA Y BEACH DATE 04/15/2005
~ ~ ENInRONMENTAL SERVICES DEPARTMENT I LOCA T1 ON MAP 1----
;::'- W 434 soun-t SWINTON AVENUE, DELRAY BEACH. FLOFIDA 33444 2005-045 1 OF 1
(f',
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
SAMPLE APPLICATION FOR TRANSPORTATION 04/2005
ENHANCEMENT PROJECTS Page 1 Of 4
Project Title: Homewood Blvd Bicycle Lanes - Lowson Blvd, to Linton Blvd.
Project Sponsor (municipal, county, state, or federal agency, or tribal council):
City of Delray Beach
Contact Randal L. Kreicarek, P.E. Title City Enqineer
Address 434 South Swinton Avenue, Delray Beach, FL 33434
Phone 561-243-7322 FAX 561-243-7314
Priority (relative to other applications submitted by the Project Sponsor), #1 Priority
Name of Applicant (If other than Project Sponsor):
1. Qualifying Enhancement Activities:
Check the enhancement activity that the proposed project will address. (NOTE: Checking all activities
possible does not ensure or increase eligibility. Each activity checked must meet all criteria listed for
that activity in Appendix A of FOOT Procedure #525-030-300, Transportation Enhancement Projects).
X Provision of faCilities for pedestnans and bicycles
The provision of safety and educational activities for pedestrian and bicyclists
Acquisition of scenic easements and scenic or historic sites
Scenic or historic highway programs, (including the provision of tourist and welcome center
facilities)
Landscaping and other scenic beautification
Historic preservation
Rehabilitation of historic transportation buildings, structures or facilities (including historic railroad
facIlities and canals)
Preservation of abandoned railway corridors (including the conversion and use thereof for
pedestrian or bicycle trails)
Control and removal of outdoor advertising
Archaeological planning and research
Environmental mitigation to address water pollution due to highway runoff or reduce vehicle-
caused wildlife mortality while maintaining habitat connectivity
Establishment of transportation museums
S IEngAdmm1Projects1200512005-0451LETTERSIBlke Lanes_Homewood_ Lowson to Lmton_sub_2005 doc
---
04/2005
Page 2 of 4
2. Project Description:
Use additional sheets as necessary to respond to the following:
(a) What type of work is being proposed? (Check all that apply)
Planning Activities
Project Development and Environmental Studies
X Engineenng and Final Plans Preparation Work
Right of Way Acquisition
X Construction
X Construction Engineering and Inspection Activities
(b) Describe how the proposed project is related to the intermodal transportation system by either
function, proximity or impact. (One or more may apply),
This project provides continuous bicycle lanes from Lowson Blvd, to Linton Blvd, continuing the
link approved under last years TEA - 21 program. This project is part of a phased program to
further the goals and objectives of the De/ray Beach Pedestrian Bicycle Task Team report.
(c) Where is the project located (and what are the termini, if appropriate)? Include location map,
This project is located on Homewood Blvd between Lowson Blvd. and Linton Blvd. See attached
Exhibit A
(d) Summarize any special characteristics of project. Provide typical section drawings for
appropriate projects,
See attached Exhibit B,
(e) Describe the project's existing right of way ownerships, This description shall identify when the
right of way was acquired and how ownership is documented (Le, plats, deeds, prescriptions,
certified surveys).
This project will be constructed within existing city owned rights-of-way. The right-of-way on
Homewood Blvd is 80 feet, which will provide enough room to add the bicycle lanes.
(f) Describe any proposed right of way acquisition, including expected matching fund source,
limitations on fund use or availability, and who will acquire and retain ownership of proposed right
of way.
None
(g) Describe any related project work phases that are already complete or currently underway.
None
(h) Other specific project information that should be considered,
None
S IEngAdmmIProjectsI2005\2005-045ILETTERSIBlke Lanes_Homewood_ Lowson to Lmton_sub_2005,doc
04/2005
Page 3 of 4
3. Project Implementation Information:
Attach documentation as exhibits to this application.
(a) Describe the proposed method of performing (Le, contract or in-house) and administering (i.e.
local or state) each work phase of the proJect. If it is proposed that the project be administered
by a governmental entity other than the Department of Transportation, the agency must be
certified to administer Federal Aid projects in accordance with the department's Local Agency
Program Manual (topic no 525-010-300)
This project will be designed utilizing a consultant qualified to design to FOOT standards. The
City is currently pre-qualified to oversee FOOT design projects on a project-by-project basis,
Construct/on contract will be bid and construction administration will be handled by the City. The
City is pre-qualified to admmister FOOT construction contracts.
(b) Describe any public (and private, if applicable) support of the proposed project. (Examples
include' written endorsement, formal declaration, resolution, financial donations or other
appropriate means).
The City Commission provided approval and authorization for the Mayor to sign this application
on 19 April 2005. City matching fundmg will be provided in the appropriate year via the City's
Capital Improvement Program.
(c) Describe the proposed ownership and maintenance responsibilities for the project when it is
completed,
This project will be owned and maintained by the City.
(d) Describe source of matching funds and any restrictions on availability,
City matching funding will be provided in the appropriate year via the City's Capital Improvement
Program.
(e) Other specific implementation information that should be considered,
None
4. Project Cost:
What is the total estimated cost of the work requested to be funded as an enhancement project through
this application?
Planning Activities, $ 0.00
Project Development and Environmental Studies. $ 0.00
Engineenng and Final Plans Preparation Work. $ 54,000.00
Right of Way Acquisition. $ 0.00
Construction. $ 360,000,00
Construction Engineering and Inspection Activities, $ 18,000.00
Other. (Describe) $ 0,00
S \EngAdmm\Projects\2005\2005-045\LETTERS\Blke Lanes_Homewood_ Lowson to Lmton_sub_2005.doc
TOT AL: $ 432,000,00
04/2005
Page 3 of 4
How will the project be funded?
FDOT Enhancement Funds $360,000 + Local $72,000 = Total $ 432,000
FDOT Enhancement Funds ~% + Local -1L% = 00%
CERTIFICATION OF PROJECT SPONSOR
I hereby certify that the proposed project herein described is supported by the City of Delrav Beach
(municipal, county, state or federal agency, or tnbal council)
and that said entity will: (1) provide any required funding match; (2) enter into a maintenance agreement with
the Florida Department of Transportation; (3) comply with the Federal Uniform Relocation Assistance and
Acquisition PoliCies Act for any Right of Way actions required for the proJect, and (4) support other actions
necessary to fully implement the proposed project. I further certify that the estimated costs included herein are
reasonable and understand that significant increases in these costs could cause the project to be removed from
the Florida Department of Transportation work program
-;:-:
~
Mavor
Title
Date
FOR FDOT USE ONLY
YES NO
Application Complete -
Project Eligible -
Implementation Feasible -
Include in Work Program -
S IEngAdmm1Projects1200512005-0451LETTERSIBlke Lanes_Homewood_ Lowson to Linton_sub_2005 doc
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~ CITY of DELRA Y BEACH DATE 04/15/2005
g, ~ ENVOONMENTAL SERVICES DEPARTMENT I LOCATION MAP I""""'"
~ W 434 SOUTH SWINTON AVENl.E, OB.JlAY BEACH, R.OAIOA 33444 2005-047 1 OF 1
(j)
~~~ - -- ---- -------
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
SAMPLE APPLICATION FOR TRANSPORTATION 04/2005
ENHANCEMENT PROJECTS Page 1 Of 4
Project Title: NW 2nd Street Beautification and Sidewalk Proiect
Project Sponsor (municipal, county, state, or federal agency, or tribal council):
City of Delray Beach - Community Redevelopment Aqency (CRA)
Contact Diane Colonna Title Director, CRA
Address 20 North Swinton Avenue, Delray Beach, FL 33444
Phone 561-276-8640 FAX 561-276-8558
Priority (relative to other applications submitted by the Project Sponsor). #2 Priority
Name of Applicant (If other than Project Sponsor):
1. Qualifying Enhancement Activities:
Check the enhancement activity that the proposed project will address. (NOTE: Checking all activities
possible does not ensure or increase eligibility. Each activity checked must meet all criteria listed for
that activity in Appendix A of FOOT Procedure #525-030-300, Transportation Enhancement Projects).
X Provision of facilities for pedestnans and bicycles
The provision of safety and educational activities for pedestrian and bicyclists
Acquisition of scenic easements and scenic or historic sites
Scenic or historic highway programs, (including the provision of tourist and welcome center
facilities)
X Landscaping and other scenic beautification
Historic preservation
Rehabilitation of historic transportation buildings, structures or facilities (including historic railroad
facilities and canals)
Preservation of abandoned railway corridors (including the conversion and use thereof for
pedestrian or bicycle trails)
Control and removal of outdoor advertising
Archaeological planning and research
Environmental mitigation to address water pollution due to highway runoff or reduce vehicle-
caused wildlife mortality while maintaining habitat connectivity
Establishment of transportation museums
S IEngAdmm1Projects1200512005-0471LETTERSINW 2nd SLNW 5th Ave to Swinton_sub_2005 doc
04/2005
Page 2 of 4
2. Project Description:
Use additional sheets as necessary to respond to the following:
(a) What type of work is being proposed? (Check all that apply)
Planning Activities
Project Development and Environmental Studies
X Engineering and Final Plans Preparation Work
Right of Way Acquisition
X Construction
X Construction Engineering and Inspection Activities
(b) Describe how the proposed project is related to the intermodal transportation system by either
function, proximity or impact. (One or more may apply).
This project provides continuous bicycle lanes from Linton Blvd, to Germantown Road continuing
the link approved under last years TEA - 21 program, This project is part of a phased program
to further the goals and objectives of the Delray Beach Pedestrian Bicycle Task Team report,
(c) Where is the project located (and what are the termini, if appropriate)? Include location map.
This project is located on NW 2nd Street between NW 5th A venue and Swinton A venue (See
attached Exhibit A)
(d) Summarize any special characteristics of project. Provide typical section drawings for
appropriate projects.
See attached Exhibit B.
(e) Describe the project's existing right of way ownerships. This description shall identify when the
right of way was acquired and how ownership is documented (i.e. plats, deeds, prescriptions,
certified surveys).
This project will be constructed within existing city owned rights-of-way. The right-of-way on
Homewood Blvd is 80 feet, which will provide enough room to add the bicycle lanes and
sidewalks,
(f) Describe any proposed right of way acquisition, including expected matching fund source,
limitations on fund use or availability, and who will acquire and retain ownership of proposed right
of way
None
(g) Describe any related project work phases that are already complete or currently underway.
None
(h) Other specific project information that should be considered.
None
S IEngAdmin1Projects1200512005-0471LETTERSWW 2nd SCNW 5th Ave to Swinton_sub_2005 doc
-- - --- --- - - ----
04/2005
Page 3 of 4
3. Project Implementation Information:
Attach documentation as exhibits to this application.
(a) Describe the proposed method of performing (i.e. contract or in-house) and administering (Le.
local or state) each work phase of the project. If it is proposed that the project be administered
by a governmental entity other than the Department of Transportation, the agency must be
certified to administer Federal Aid projects in accordance with the department's Local Agency
Program Manual (tOpiC no 525-010-300),
This project will be designed utilizing a consultant qualified to design to FDa T standards, The
City is currently pre-qualified to oversee FOOT design projects on a project-by-project basis.
Construction contract will be bid and construction administration will be handled by the City. The
City is pre-qualified to administer FOOT construction contracts,
(b) Describe any public (and private, if applicable) support of the proposed project. (Examples
include: written endorsement, formal declaration, resolution, financial donations or other
appropriate means).
The City Commission provided approval and authorization for the Mayor to sign this application
on 19 April 2005. City matching funding will be provided In the appropriate year via the City's
Capital Improvement Program,
(c) Descnbe the proposed ownership and maintenance responsibilities for the project when it is
completed.
This project will be owned and maintained by the City.
(d) Describe source of matching funds and any restrictions on availability.
City matching funding will be provided in the appropriate year via the City's Capital Improvement
Program
(e) Other specific implementation Information that should be considered.
None
4. Project Cost:
What is the total estimated cost of the work requested to be funded as an enhancement project through
this application?
Planning Activities, $ 0.00
Project Development and Environmental Studies. $ 0.00
Engineenng and Final Plans Preparation Work. $ 40,000,00
Right of Way Acquisition. $ 0.00
Construction. $ 267,000.00
Construction Engineering and Inspection Activities, $ 14,00000
Other. (Describe) $ 0,00
S IEngAdmmIProjectsI200512005-047ILETTERS\NW 2nd SLNW 5th Ave to Swinton_sub_2005.doc
TOTAL: $ 321,000.00
04/2005
Page 3 of 4
How will the project be funded?
FOOT Enhancement Funds $267,000 + Local $54,000 = Total $ 321 ,000
FOOT Enhancement Funds ~% + Local -1L. % = 100%
CERTIFICATION OF PROJECT SPONSOR
I hereby certify that the proposed project herein described is supported by the City of Delray Beach ,
(municipal, county, state or federal agency, or tribal council)
and that said entity will: (1) provide any required funding match; (2) enter into a maintenance agreement with
the Florida Department of Transportation; (3) comply with the Federal Uniform Relocation Assistance and
Acquisition PoliCies Act for any Right of Way actions required for the proJect, and (4) support other actions
necessary to fully implement the proposed project. I further certify that the estimated costs included herein are
reasonable and understand that significant increases in these costs could cause the project to be removed from
the Florida Department of Transportation work program,
Signature
Jeff Perlman
Name (please type or print ,
~j/
Mayor
Title
Date
FOR FDOT USE ONLY
YES NO
Application Complete -
Project Eligible -
Implementation Feasible -
Include in Work Program -
S IEngAdmmIProjectsI200512005-047ILETTERSINW 2nd SCNW 5th Ave to Swinton_sub_2005 doc
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?rn
~ CITY of DELRA Y BEACH DATE 04/15/2005
~ ~ ENVIRONMENTAL SERVlCES DEPARTMENT 1 LOCA 11 ON MAP 1-'"
~ W 434 SOUTH SWINTON AVENUE, DELRAY BEACH, R.OAlDA 33444 2005-046 1 OF 1
If)
.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
SAMPLE APPLICATION FOR TRANSPORT A TION 04/2005
ENHANCEMENT PROJECTS Page 1 Of 4
Project Title: Homewood Blvd Bicycle Lanes - Linton Blvd. to Germantown Road
Project Sponsor (municipal, county, state, or federal agency, or tribal council):
City of Delray Beach
Contact Randal L. Kreicarek, P.E. Title City Enqineer
Add ress 434 South Swinton Avenue, Delray Beach, FL 33434
Phone 561-243-7322 FAX 561-243-7314
Priority (relative to other applications submitted by the Project Sponsor). #3 Priority
Name of Applicant (If other than Project Sponsor):
1. Qualifying Enhancement Activities:
Check the enhancement activity that the proposed project will address. (NOTE: Checking all activities
possible does not ensure or increase eligibility. Each activity checked must meet all criteria listed for
that activity in Appendix A of FOOT Procedure #525-030-300, Transportation Enhancement Projects).
X Provision of facilities for pedestrians and bicycles
The proviSion of safety and educational activities for pedestrian and bicyclists
Acquisition of scenic easements and scenic or historic sites
Scenic or historic highway programs, (including the provision of tourist and welcome center
facilities)
Landscaping and other scenic beautification
Historic preservation
Rehabilitation of historic transportation buildings, structures or facilities (including histonc railroad
faCilities and canals)
Preservation of abandoned railway corridors (including the conversion and use thereof for
pedestnan or bicycle trails)
Control and removal of outdoor advertising
Archaeological planning and research
Environmental mitigation to address water pollution due to highway runoff or reduce vehicle-
caused Wildlife mortality while maintaining habitat connectivity
Establishment of transportation museums
S IEngAdmm1Projects1200512005-0461LETTERSIBlke Lanes_Hamewaad_Lmtan to Germantawn_sub_2005.dac
.
04/2005
Page 2 of 4
2. Project Description:
Use additional sheets as necessary to respond to the following:
(a) What type of work is being proposed? (Check all that apply)
Planning Activities
Project Development and Environmental Studies
X Engineering and Final Plans Preparation Work
Right of Way Acquisition
X Construction
X Construction Engineering and Inspection Activities
(b) Describe how the proposed project is related to the intermodal transportation system by either
function, proximity or impact. (One or more may apply).
This project provides continuous bicycle lanes from Linton Blvd. to Germantown Road continuing
the link approved under last years TEA - 21 program. This project is part of a phased program
to further the goals and objectives of the Delray Beach Pedestrian Bicycle Task Team report.
(c) Where is the project located (and what are the termini, if appropriate)? Include location map
This project is located on Homewood Blvd between Linton Blvd. and Germantown Road. (See
attached Exhibit A)
(d) Summarize any special characteristics of project Provide typical section drawings for
appropriate proJects,
See attached Exhibit B.
(e) Describe the project's existing right of way ownerships. This description shall identify when the
nght of way was acquired and how ownership is documented (Le. plats, deeds, prescriptions,
certified surveys).
This project will be constructed within existing city owned rights-or-way. The right-or-way on
Homewood Blvd is 80 reet, which will provide enough room to add the bicycle lanes and
sidewalks.
(f) Describe any proposed right of way acquisition, including expected matching fund source,
limitations on fund use or availability, and who will acquire and retain ownership of proposed right
of way
None
(g) Describe any related project work phases that are already complete or currently underway.
None
(h) Other specific project information that should be considered,
None
S IEngAdminIProjectsI2005\2005-046ILETTERSIBlke Lanes_Homewood_Linton to Germantown_sub_2005 doc
.
04/2005
Page 3 of 4
3. Project Implementation Information:
Attach documentation as exhibits to this application,
(a) Describe the proposed method of performing (Le, contract or in-house) and administering (i.e.
local or state) each work phase of the project. If It is proposed that the project be administered
by a governmental entity other than the Department of Transportation, the agency must be
certified to administer Federal Aid projects in accordance with the department's Local Agency
Program Manual (topic no. 525-010-300).
This project will be designed utilizing a consultant qualified to design to FDa T standards, The
City is currently pre-qualified to oversee FOOT design projects on a project-by-project basis.
Construction contract will be bid and construction administration will be handled by the City. The
City IS pre-qualified to administer FOOT construction contracts,
(b) Describe any public (and private, if applicable) support of the proposed project. (Examples
include written endorsement, formal declaration, resolution, financial donations or other
appropriate means).
The City Commission provided approval and authorization for the Mayor to sign this application
on 19 April 2005, City matching funding will be provided in the appropriate year via the City's
Capital Improvement Program
(c) Describe the proposed ownership and maintenance responsibilities for the project when it is
completed.
This project will be owned and maintained by the City.
(d) Describe source of matching funds and any restrictions on availability,
City matching funding will be provided in the appropriate year via the City's Capital Improvement
Program
(e) Other specific implementation information that should be considered,
None
4. Project Cost:
What is the total estimated cost of the work requested to be funded as an enhancement project through
this application?
Planning Activities. $ 0.00
Project Development and Environmental Studies. $ 0.00
Engineering and Final Plans Preparation Work. $ 41,000,00
Right of Way Acquisition. $ 0,00
Construction. $ 270,000.00
Construction Engineering and Inspection Activities, $ 14,000.00
Other, (Describe) $ 0.00
S IEngAdminIProjectsI2005\2005-046\LETTERS\Bike Lanes_Homewood_Lmton to Germantown_sub_2005 doc
-------
j
,
TOTAL: $ 325,000.00
04/2005
Page 3 of 4
How will the project be funded?
FOOT Enhancement Funds $270,000 + Local $55,000 = Total $ 325,000
FOOT Enhancement Funds ~% + Local --1L % = 00%
CERTIFICATION OF PROJECT SPONSOR
I hereby certify that the proposed project herein described is supported by the City of Delrav Beach ,
(municipal, county, state or federal agency, or tribal council)
and that said entity will: (1) provide any required funding match; (2) enter into a maintenance agreement with
the Florida Department of Transportation; (3) comply with the Federal Uniform Relocation Assistance and
Acquisition Policies Act for any Right of Way actions required for the proJect, and (4) support other actions
necessary to fully implement the proposed project. I further certify that the estimated costs included herein are
reasonable and understand that significant increases in these costs could cause the project to be removed from
the Florida Department of Transportation work program.
~,
Jeff Perlman {)'~"':":_"_
Name (please type or print} , '"
Mavor
Title
Date
FOR FDOT USE ONLY
YES NO
Application Complete -
Project Eligible -
Implementation Feasible -
Include in Work Program -
S IEngAdmmIProjects\200512005-046ILETTERSIBlke Lanes_Homewood_Linton to Germantown_sub_2005 doc
- -------~-
Date: 14 ApI' 2005 AGENDA ITEM NUMBER: ?:t.
0
AGENDA REQUEST
Request to be placed on:
--1LConsent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When: 19 ApI' 2005
Description of Agenda Item (who, what, where, how much):
This agenda item is for Commission approval/authorization for Mayor to sign applications for
Transportation Enhancement funding that WIll be available in FY 2010-2011. Three projects
will be submitted:
Proiect Grant Reauest Total Proiect Cost
Homewood Blvd - Lmton to Lowson (Bike lanes) $360,000 $432,000
NW 2nd St - NW 5th Av to N Swinton $267,000 $321,000
(Sidewalk & Bike lanes)
Homewood Blvd - Old Germantown to Linton $270,000 $325,000
(Bike lanes)
Staff Recommendation: AP~ ~ 'f, 15, ~
Department Head Signature: '....'l ,
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials: NA
Account Number
Description
Account Balance: ,
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agenda:@/ No Initials: lf1
Hold Until:
Agenda Coordinator Review:
Received:
S \EngAdmm\Projects\2005\2005-045\OFFICIAL\19 apr 2005 agenda request.doc
MEMORANDUM
TO: MAYOR AND CI1Y COMMISSIONERS
FROM: CI1Y MANAGER tf?t1
SUBJECT: AGENDA ITEM # ~ ::r REGULAR MEETING APRIL 19. 2005
REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: APRIL 15, 2005
Attached is the Report of Appealable Land Use Items for the period April 4, 2005 through April 15,
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:\c.ty Clerk\agenda memos\apagmem 04 15 05
1 CITY COMMISSION DOCUMENTATION I
TO: DAVIDpN'~GER
THRU: PAUL ORLlNG, DIRECTO F PLANNING AND ZONING
FROM: JASMIN ALLEN, PLANNEr~ilIY\ ~
SUBJECT: MEETING OF APRIL 19, 20 5 *CONSENT A GENDA *
REPORT OF APPEALABLE LAND USE ITEMS APRIL 4, 2005 THRU APRIL
15,2005
~ ACTION REQUESTED OF THE COMMISSION I
The action requested of the City Commission is that of review of appealable actions which were
made by various Boards during the period of April 4, 2005 through April 15, 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.
I PLANNING AND ZONING BOARD I
No Regular Meeting of the Planning and Zoning Board was held during this period.
I SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF APRIL 13, 2005 ~
A. Approved with conditions (5 to 0 Nancy Stewart and Reginald Cox absent), a request to
amend the master sign program to add new free standing and flat wall signs for Delray
Lincoln Mercury, located on the west side of South Federal Highway, south of Linton
Boulevard (2102 South Federal Highway).
B. Approved (5 to 0), a request for a color change for Xpertech Update, an existing
commercial building, located on the west side of Congress Avenue, north of West Atlantic
Avenue (90 North Congress Avenue).
C. Approved (5 to 0), a request for a color change for Mets Management Building, an
existing commercial building, located on the west side of NE 2nd Avenue, north of NE 1st
Street (167 NE 2nd Avenue).
--~------- ---
City Commission Documentation
Appealable Items Meeting of April 19, 2005
Page 2
D. Approved (5 to 0), a request for a color chan~e for Advance Auto Parts (fka Discount
Auto Parts), located on the east side of SE 6 h Avenue (northbound Federal Highway),
south of SE 2nd Street (249 SE 6th Avenue).
E. Approved (5 to 0), a request for a color change for Advance Auto Parts (fka Discount
Auto Parts), located on the north side of West Atlantic Avenue, between Barwick Road
and Military Trail (4677 West Atlantic Avenue).
F. Approved (5 to 0), a Class I site plan modification associated with replacement of existing
concrete railings with metal railings for Delray Inn, an existing motel, located on the east
side of NE 6th Avenue (northbound Federal Highway), north of East Atlantic Avenue (45
NE 6th Avenue).
G. Postponed (5 to 0), a Class V site plan, landscape plan and architectural elevation plan
associated with the construction of a 100-unit townhouse development for Banyan
Village, located at the southwest corner of South Swinton Avenue and SW 10th Street.
The Board voiced concerns including but not limited to the numerous requests for internal
adjustments and waivers relating to the building setbacks, the massing of the buildings
and narrow streets. The Board requested that the applicant enhance the landscaping,
provide street trees, provide more vertical elements adjacent to the buildings modify the
roof line of the building and introduce more variety to the color palette.
H. Approved with conditions (5 to 0), a Class V site plan, landscape plan and architectural
elevation plan associated with the construction of a 109-unit townhouse development for
Gramercy Square, located on the west side of Military Trail, approximately 300 feet south
of West Atlantic Avenue. Concurrently, the Board approved the following internal
adjustment and waivers:
Internal Adiustment:
. Approved (4 to 1), a reduction in the required 25 foot front building setback from the street
system/access tract for units #79 through #90 and #98 through #109: to 23 feet.
. Denied on a 4 to 1 vote a reduction in the required 25 foot side street building setback
from the street system/access tract for Unit #1 to 19.6'; Unit #10 t018.2'; Unit #27 to 19.6";
Unit #18 to 18.2'; Unit 28 to 20'; Unit #37 to 17.9'; Unit #52 to 20'; and Unit #43 to 17.9'.
Waivers:
. Recommended approval (5 to 0), to the City Commission a request for to reduce the
minimum pavement width of the interior roadway from 24 feet to 20 feet.
. Recommended approval (4 to 1), to the City Commission a request to reduce the required
5 foot width landscape barrier between the common lot line and the vehicular use area
from 5 feet to 2 feet between fee simple townhouse units.
I. Approved (5 to 0), a Class V site plan, landscape plan and architectural elevation plan
associated with the construction of a 5.34 acre park with tennis courts, basketball courts
and jogging trails for Catherine Strong Center, located on the east side of SW 1 ih
Avenue, between SW 6th Street and SW ih Street.
--------- -- ------
City Commission Documentation
Appealable Items Meeting of April 19, 2005
Page 3
I HISTORIC PRESERVATION BOARD MEETING OF APRIL 6, 2005 I
1. Approved (4 to 0, Francisco Perez-Azua, Randee Schatz and Maura Dersh absent), a
request to consider revised design elements associated with a previously approved
Certificate of Appropriateness for the construction of a duplex, located at 111 NW 1st
Avenue (east side of NW 1st Avenue north of NW 1st Street).
2. Approved with conditions (4 to 0), a request for a Certificate of Appropriateness
associated with the replacement of existing windows for an existing office, for 103 NE 4th
Street (Sodi Office), located on the north side of NE 4th Street, between Swinton Avenue
and Seacrest Boulevard.
3. Approved (4 to 0), a request for a Certificate of Appropriateness associated with the
installation of a free standing sign for Atlantic Grove Townhomes, located on the west
side of NW 3rd Avenue between West Atlantic Avenue and NW 1st Street.
4. Approved with condition (4 to 0), a request for a Certificate of Appropriateness associated
with the installation of a sign for Cason Cottage, located at the northeast corner of North
Swinton Avenue and NE 1 st Street (5 NE 1 st Street).
Other Items
. The Board on a 4 to 0 vote, recommended approval of the individual designation of The
Hartman House, located at 307 NE th Avenue (northeast corner of NE th Avenue and NE 3rd
Street) as a local historic site.
I RECOMMENDED ACTION I
By motion, receive and file this report.
Attached: Location Map
--- -------- --
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting -
APRIL 19, 2005
L -30 CANAL
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L -38 CA'JAL
- / ~
SPRAB HeB
A DELRA Y LINCOLN MERCURY 1 111 NW 1ST AVENUE
B XPERTECH UPDA TE 2 103 NE 4TH STREET - - - - - CTYUr,11TS - - - - -
C METS MANAGEMENT BUILDING 3, A TLANTlC GROVE
D. ADVANCE AUTO PARTS 4 CASON COTTAGE I ONE MILE I
E. ADVANCE AUTO PARTS
F. DELRA Y INN GRAPHIC SCALE
G. BANYAN VILLAGE
H GRAMERCY SQUARE CITY OF DELRA Y BEACH FL
I CA THERINE STRONG CENTER PLANNING & ZONING DEPARTMENT
NOVEMBER 2004
. . DIG/TAL BASE MAP SYSTEM --
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CIlY MANAGER:{
SUBJECT: AGENDA ITEM # K- - REGULAR MEETING OF APRIL 19, 2005
AWARD OF BIDS AND CONTRACTS
DATE: APRIL 15, 2005
This is before the City Commission to approve the award of the following bids:
1. Contract award to Jani King Commercial Cleaning Services in the annual amount
of $36,600.00 for janitorial services for the Delray Beach Golf Course. Funding is
available from 445-4711-572-34.90 (Delray Beach Municipal Golf Course
Fund/Other Contractual Services).
2. Contract award to Randolph & Dewdney Construction in the amount of
$435,185.00 for the construction of the Fire Apparatus Maintenance Building.
Funding 1S available from 334-6111-519-62.10 (General Construction
Fund/Buildings).
Recommend approval of the above bids and purchases.
S,\Clty Clerk\agenda memo\B,d Memo 0419 05
MEMORANDUM
10: David Harden, City Manager
FROM: Patsy Nadal, Buyer ~~
THROUGH: Joseph Saffo~nance Director
DATE: 4/8/2005
SUBJECT: City Commission Meeting April 19, 2005
RFP 2005-10 Janitorial Services for Delray Beach Golf Course
Item Before Commission:
City Commission is requested to award the annual janitorial services contract for the
Delray Beach Golf Course to Jani King Commercial Cleaning Services in the amount of
$36,600.00.
Backaround:
Request for proposals were received from six (6) vendors in response to RFP Specification #2005-
10 on March 11, 2005. A review of the RFP's revealed that the low bidder, Magic Clean, Inc. does
not meet the Workers Compensation Requirements.
Jani King Commercial Cleaning is the next low bidder and has relevant experience in Country
Clubs, solid references and meets requirements set forth in the RFP. The pricing corresponds to
the estimated time involved to complete the various duties required. Jani King Commercial
Cleaning Services will be an overall savings of $12,454.00 annually.
Recommendation:
Staff recommends award of annual janitorial services contract for the Delray Beach
Golf Course to Jani King Commercial Cleaning Services in the amount of $36,600.00.
Funding is available from account number: 445-4711-572-34.90
Attachments: Memo from John Mildner
Bid #2005-10 Tabulation
1 8Ki
I
Memorandum
""~"'__"""M~oIl-..""""*""'''''_=''*'''"~tl -~
To: Purchasing Department
Fa'aty eo.l.l~ Agenda
From: John Mildner
Cc: Brahm Dubin
Date: March 29, 2005
Re: Janitorial Services
Having reviewed the proposals submitted for the janitorial services for The
Delray Beach Golf Club, I am recommending that Jani King Commercial, with a
total yearly bid price of $36,600.00, be awarded the contrad.
Six companies submitted proposals;
MAGIC CLEAN, INC. $22,200
JANI KING COMMERCIAL $36,600
COVERALL CLEANING CONCEPTS $39,300
CAPITAL CLEANING CONSTRUCTION $47,940
CLEANING SYSTEMS, INC. $50,000
JEK POST CONSTRUCTION $73,488
CLEANING SERVICES
1
----- -- - ------~
April 7, 2005
Jani King Commercial has relevant experience in Country Clubs, solid
references and meets the requirements set forth in the RFP. Their pricing
corresponds to the time needed to complete the various duties required. Jani
King Commercial is the second lowest bid.
Magic Clean, Inc. has provided the lowest bid at $22,200 annually; however,
Magic Clean, Inc. does not meet the Workers Compensation Requirements.
The payroll budget for cleaners is $34,500.
Under our current system we pay
$34,500 salary
$3450 Payroll tax
$1,104 Workers Comp
$4,150 Additional Cleaning fees based on functions.
This is YTD as of 03/14105 costs would be approximately
$10,000 at year-end.
Jani King Commercial yearly cost would represent an overall savings of
$12,454.00
2
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AGENDA ITEM NUMBER: ~K1-
AGENDA REQUEST
Request to be placed on: April 19, 2005
Date: April 8, 2005
~ Consent Agenda _ Special Agenda _ Workshop Agenda
Description of agenda item:
City Commission is requested to award the annual janitorial services contract for the
Delray Beach Golf Course to Jani King Commercial Cleaning Services for an
annual amount of $36,600.00.
ORDINANCE/RESOLUTION REQUIRED: YES NO
Draft Attached: YES NO
Recommendation:
Staff recommends award of annual janitorial services contract for the Delray Beach
Golf Course to Jani King Commercial Cleaning Services for an annual amount of
$36,600.00.
Funding from account code 445-4711-572-34.90. ~
Department Head Signature: \.~
Detennination of Consistency with Comprehensive ~:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: Yes '.Jf. :ss No
Funding alternatives: (if applicable)
Account Number: c.ltf.S -47/1 -- 57 Z . 3l[ - 9 ()
Account Description: OItu-y L ~fyQ e-Iu u ~C--Z--
Account Balance: {7" 787.52-
City Manager Review:
Approved for agenda: 8>--4 No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
---
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: Victor Majten~tion Manager
SUBJECT: FIRE APPARATUS MAINTENANCE BUILDING (PIN 2002-022)
Commission Agenda Item, Contract A ward
DATE: APRIL 14,2005
The attached agenda request IS for City Commission to approve an award of contract to Randolph & Dewdney
Construction, Inc. in the amount of $435,185 00 for the construction of the Fire Apparatus Maintenance
BUilding, Re-Bld project
On Thursday, March 3151, 2005, the City opened bids for thiS project. There were only four bids received,
the lowest at $435,185,00 from Randolph & Dewdney Construction, Inc, next at $449,00000 from JMW
Construction Corporation As the lowest bidder, they are non-responsive since they did not acknowledge
Addendum #1 The addendum was a technical clarification to have the specifications mirror the plan set.
An InterView with the low bidder confirmed they bid the plan set, thereby including the clarifications issued
via addendum A review of the situation revealed that the absence of notification and receipt of the
addendum was not entirely the fault of the vendor A copy of the bid tabulation is attached for your review
Therefore, staff recommends waiving the non-responsiveness of the lowest bidder and award of contract to
Randolph & Dewdney Construction, Inc., In the amount of $435,185.00, for the construction of the Fire
Apparatus Maintenance Building, Re-Bid proJect, PIN 2002-022. Funding IS available from 334-6111-
519-62 10, General Construction fund/Buildings, after a budget transfer.
cc' Richard Hasko, Director of ESD
Randal Krejcarek, City Engineer
Rafael Ballestero, Dep Dlr of Construction
Kerry Koen, Fire Chief
Carolanne Kucmerowskl, City Clerk's Office
Agenda File, 04/19/05
File 2002-022(A)
S \EngAdmll1\ProJects\2002\2002-022\CONSTRCT\agda memo Randolph 04 1905 doc 2k.~
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Agenda Item No ~~:(
AGENDA REQUEST
DATE' April 13, 2005
Request to be placed on:
-L Regular Agenda
_ Special Agenda
_ Workshop Agenda
WHEN: April 19, 2005
Description of item (who, what, where, how much):
Approve an award of contract to Randolph & Dewdney Construction, Inc, the lowest but non-responsive
bidder, In the amount of 5435,185 00 for the construction of the Fire Apparatus Maintenance Building, Re-Bld
project As the lowest bidder, they are technically non-responsive as they did not acknowledge Addendum
#1 The addendum was a technical clarification to have the specifications mirror the plan set An
interview with the low bidder confirmed they bid the plan set, thereby including the c1anficatlons Issued via
addendum A review of the situation revealed that the absence of notification and receipt of the
addendum was not entirely the fault of the vendor.
Funding IS available from 334-6111-519-6210, General Construction fund/Buildings, after a budget
transfer
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation:
Approve the award of contract to Randolph & Dewdney Construction, Inc for the construction of the Fire
Apparatus Maintenance BUilding, Re-Bld project, PIN 2002-022
Department Head Q;jf;( ci+Q cJ i 1;;>-. OJ-
Signature .' ~
Determination of Consistency with Comprehensive
Plan
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all Items involving expenditure of funds):
Funding available &~NO ():1::. oJ I Jx,d ?rf fy~.5rle v
Funding alternatives (If applicable)
Account No, & Descnption See above
Account Balance See above
City Manager Review. @
Approved for agenda E INO t?v1
Hold Until' /
I
Agenda Coordinator ReView'
Received
Placed on Agenda
Action
Approved/D isapproved
file 2002-022(A)
S \EngAdmm\ProJects\2002\2002-022\CONSTRCT\agnd req Randolph 041905 doc
MEMORANDUM
TO: MAYOR AND CI1Y COMMISSIONERS
FROM: CI1Y MANAGER l'I<<
SUBJECT: AGENDA ITEM # '6L - REGULAR MEETING OF APRIL 19, 2005
COMMUNITY OLYMPIC DEVELOPMENT PROGRAM/TENNIS
CENTER
DATE: APRIL 15,2005
1bis is before Commission to approve a Community Olympic Development Program (CODP) at the
Tennis Center to provide a Youth Tennis Program.
The program, as presented at the April 12, 2005 City Commission Workshop Meeting, will provide
the youth in the City of Delray Beach with a low and no cost CODP Tennis Program. The City will
need to provide:
. A commitment of $10,000.00 in cash for one year
. Review the program after one year to determine further funding
. Work with CODP & USTA staff in marketing the program
. Provide the Tennis Center for Intramural and County Championships
Recommend approval of a Community Olympic Development Program (CODP) at the Tennis
Center.
S'\Clty Clerk\agenda memos\CODP Tenrus Center 041905
II ~1:.i9
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tli1
I CITY COMMISSION DOCUMENTATION I
TO: DAVID ~RDEN, ITV ANAGER
~ '
THRU: PAUL D ~~, NNING AND ZONING
FROM: ESTELlO BRETO, SENIOR P
SUBJECT: MEETING OF APRIL 19, 2005
APPROVAL OF AN INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY
AND THE CITY OF DELRAY BEACH PROVIDING FOR ANNEXATION OF SEVEN
ENCLAVES CONTAINING FORTY NINE (49) PARCELS PLUS THE RESPECTIVE
RIGHTS-OF-WAY FOR JEFFERSON ROAD, LINCOLN ROAD, AND WHATLEY ROAD
LOCATED ON THE EAST SIDE OF MILITARY TRAIL, APPROXIMATELY 160' FEET
SOUTH OF ATLANTIC AVENUE.
I BACKGROUND I
The subject property consists of 9.02 acres of land making up seven separate Enclaves containing a total
of forty-nine (49) parcels plus the respective rights-of-way for Jefferson Road, Lincoln Road, and Whatley
Road. Enclave 1 contains thirty seven parcels of 6,62 acres, Enclave 2 contains three parcels of 0.50
acres, Enclave 3 contains four parcels of 0,92 acres, Enclave 4 contains one parcel of 017 acres,
Enclave 5 contains two parcels of 0 51, Enclave 6 contains one parcel of 0 17 acres and Enclave 7
contains one parcel of 0.13 acres (see attached map),
The balance of the Country Club Acres subdivision is being simultaneously annexed by either voluntary
annexation or annexation agreements contained in executed water agreements. The second reading of
the voluntary and water service annexations are Included on this same Commission agenda as a
separate agenda item.
Infrastructure upgrades are proposed upon annexation which includes water, sewage, drainage, paving,
roadway trench repair, concrete driveway repair, landscape restoration, sidewalks, and lighting, with a
preliminary estimated cost of $1,310000 dollars. These improvements Will be cost shared between the
City and County as stipulated in the interlocal agreement approved June 15, 2004. The City's estimated
cost will be $850,000 and the County will reimburse the cost of paving and drainage In an estimated
amount of $460,000, Funding IS available for'
. Road improvements from 334-3162-541-65.86, $400,000 (General Construction Fund/Road and
Street FacIlities/Country Club Acres)
. Drainage improvements from 448-5461-538-65.86, $60,000 (General Construction
Fund/Drainage Facilities/Country Club Acres),
. Water and Sewer improvements from 441-5161-536-65.86, $786,000 (General Construction
FundlWater and Sewer FaCilities/Country Club Acres).
The subject property is under the jUrisdiction of Palm Beach County but is in a designated annexation
area for the City of Delray Beach (Annexation Area "D") The City has a Low Density (LD) land use map
designation that allows for Single family residential development With a denSity between zero and five
units per acre The Future Land Use amendment and rezoning of the subject property to City
deSignations Will follow annexation and be Included In the upcoming Comprehensive Plan Amendment to
be adopted In September, 2005 Additional background and an analysis of the request are found in the
attached Planning and Zoning Board Staff Report,
gA
City Commission Documentation - Meeting of Apn119, 2005
Country Club Acres Annexation
Page 2
I PL.ANNINGAN[)'ZONINGiiSOARO.CONS,IOERA TION I
At Its meeting of March 21, 2005, the Planning and Zoning Board held a public heanng in conjunction with
this request. There was public testimony from one of the residents (property owner) and her main concern
was the approximate date in which improvements Will be concluded After reViewing the staff report and
diSCUSSing the proposal, the Board voted 5-0 to recommend that the request be approved and that the
parcels to be annexed continue to be subject to Palm Beach County Land Use and Zoning designations
until the City adopts a comprehenSive plan amendment and related zonings The request was approved
based upon positive findings with respect to LDR Sections 2.4.5(C)(1), 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.
I RECOMMENDED ACTION I
By motion, approve the interlocal agreement providing for the Annexation of a 9.02 acres of property
encompassing forty nine parcels plus the respective rights-of-way for Jefferson Road, Lincoln Road, and
Whatley Road located on the east Side of Military Trail, approximately 160' south of Atlantic Avenue,
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 critena set forth in Section
2 4.5(C)(1) of the LDR's.
Attachments' P & Z Staff Report of March 21, 2005
City Commission Documentation - Meeting of Apn119, 2005
Country Club Acres Annexation
Page 3
Exhibit A: Interlocal Parcels by Enclave
Enclave 1
.. ... 0."____ -- -- . -- -- ... - .--
PCN Acres Property Address Legal Description
00424613030000980 017 Lincoln Rd COUNTRY CLUB ACRES 2ND ADD LT98
00424613030001130 012 4882 Lincoln Rd COUNTRY CLUB ACRES 2ND ADD LT113
00424613030000830 017 4817 Lincoln Rd COUNTRY CLUB ACRES 2ND ADD LT 83
00424613030001150 010 Lincoln Rd COUNTRY CLUB ACRES 2ND ADD LT115
00424613030001160 020 4850 Lincoln Rd COUNTRY CLUB ACRES 2ND ADD L TS 116 & 117
00424613030001180 010 4836 Lincoln Rd COUNTRY CLUB ACRES 2ND ADD LT118
00424613030000680 034 Jefferson Rd COUNTRY CLUB ACRES 2ND ADD L TS 68 & 69
00424613020000300 017 14977 Whatley Rd COUNTRY CLUB ACRES 1ST ADD LT30
00424613020000331 024 14984 Whatley Rd COUNTRY CLUB ACRES 1 ST ADD LOT 33 & S 1/2 OF LT 34
00424613020000271 018 14959 Whatley Rd COUNTRY CLUB ACRES 1 ST ADD S 5 FT OF L T 27 & L T 28
00424613030000670 017 4956 Jefferson Rd COUNTRY CLUB ACRES 2ND ADD LT67
00424613030000860 017 4845 Lincoln Rd COUNTRY CLUB ACRES 2ND ADD LT86
00424613030000990 017 Lincoln Rd COUNTRY CLUB ACRES 2ND ADD LT99
00424613030000740 017 Jefferson Rd COUNTRY CLUB ACRES 2ND ADD LT74
00424613020000240 017 14925 Whatley Rd COUNTRY CLUB ACRES 1ST ADD LT24
00424613020000380 025 14930 Whatley Rd COUNTRY CLUB ACRES 1ST ADD L T 38 & S 25 FT OF L T 39
00424613020000250 017 14933 Whatley Rd COUNTRY CLUB ACRES 1 ST ADD LT25
00424613030000930 017 4911 Lincoln Rd COUNTRY CLUB ACRES 2ND ADD LT93
00424613030000920 017 Lincoln Rd COUNTRY CLUB ACRES 2ND ADD LT92
00424613030000910 017 4891 Lincoln Rd COUNTRY CLUB ACRES 2ND ADD LT 91
00424613020000370 017 14942 Whatley Rd COUNTRY CLUB ACRES 1ST ADD LT37
00424613020000260 031 14947 Whatley Rd COUNTRY CLUB ACRES 1ST ADD L T 26 & N 45 FT OF L T 27
00424613030000850 017 4835 Lincoln Rd. COUNTRY CLUB ACRES 2ND ADD LT85
00424613030000840 017 4827 Lincoln Rd. COUNTRY CLUB ACRES 2ND ADD LT84
00424613020000341 041 14960 Whatley Rd COUNTRY CLUB ACRES 1 ST ADD N 1/2 OF L T 34 & L TS 35 & 36
00424613030000590 017 4947 Jefferson Rd COUNTRY CLUB ACRES 2ND ADD LT59
00424613030000570 017 4929 Jefferson Rd COUNTRY CLUB ACRES 2ND ADD LT57
00424613030001140 012 4880 Lincoln Rd COUNTRY CLUB ACRES 2ND ADD L T 114
00424613030000580 017 4937 Jefferson Rd COUNTRY CLUB ACRES 2ND ADD LT 58
00424613020000230 0.17 14915 Whatley Rd COU NTRY CLUB ACRES 1 ST ADD LT23
00424613020000320 019 14988 Whatley Rd COUNTRY CLUB ACRES 1 ST ADD LOT 32
00424613030001100 012 4910 Lincoln Rd COUNTRY CLUB ACRES 2ND ADD L T 110
00424613030001050 015 4956 Lincoln Rd COUNTRY CLUB ACRES 2ND ADD L T 1 05
00424613030001060 020 4940 Lincoln Rd COUNTRY CLUB ACRES 2ND ADD LTS 106 & 107
00424613030001080 012 4978 Lincoln Rd COUNTRY CLUB ACRES 2ND ADD LT 108
00424613030001090 012 4920 Lincoln Rd COUNTRY CLUB ACRES 2ND ADD LT 109
00424613030001040 012 4966 Lincoln Rd COUNTRY CLUB ACRES 2ND ADD LT 104
6.62
Enclave 2
PCN Acres Property Address Legal Description
00424613020000440 017 Whatley Rd COUNTRY CLUB ACRES 1 ST ADD LT44
00424613020000430 016 Whatley Rd COUNTRY CLUB ACRES 1ST ADD LT43
00424613020000420 016 Whatley Rd COUNTRY CLUB ACRES 1 ST ADD L TS 42 & 43
0.49
Enclave 3
.. .
PCN Acres Property Address Legal Description
00424613010000041 016 14828 Whatley Rd COUNTRY CLUB ACRES S 50 FT OF L T 4
00424613010000051 033 14802 Whatley Rd COUNTRY CLUB ACRES N 40 FT OF L T 5 & S 60 FT OF L T 6
00424613010000042 017 Whatley Rd COUNTRY CLUB ACRES N 20 FT OF L T 4 & S 30 FT OF L T 5
00424613010000061 026 Whatley Rd COUNTRY CLUB ACRES N 10FT OF L T 6 & ALL L T 7
0.92
Enclave 4 IAc~e~' I Property Address -- ----I Leg a 1- Description . - n_______.______
---- -- --.
PCN
00424613010000171 I 017114855 Whatley Rd ICOUNTRY CLUB ACRES S 50 FTOF LT 17
0.17
Enclave 5
PCN IAcres I Property Address 1 Legal Description
00424613030000470 I 01714835 Jefferson Rd ICOUNTRY CLUB ACRES 2ND ADD LT47
00424613030000450 I o 3414823 Jefferson Rd ICOUNTRY CLUB ACRES 2ND ADD L TS 45 & 46
0.51
Enclave 6
PCN IAcres'-.Ii>;operty Address 1 Legal Description
00424613030000550 I o 171Jefferson Rd ICOUNTRY CLUB ACRES 2ND ADD LT55
0.17
Enclave 7 n'--lA~es--IProperty Address
- . ILegal Description
PCN
COUNTRY CLUB ACRES 2ND ADD LT 102 (LESS W 5 FT SR 809 RD
00424613030001020 o 13 4986 Lincoln Rd RIW)
0.13
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MUTUAL UNION --J "C Gj
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WEST . :& ATLANTIC A VENUE
\ I 1 J;J
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- <( ! .- BANK
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PLAZA PLAZA . ~~=I
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-4
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~ JEFFERSON.. ROAD ::- "'; \ \. \ I I \ I i
i >-,:i'~ II i' !' I , I ", \." "
r---------~____ 0:::: 1, 1',-.- + . _-
~'z - r 'f' -' ""~""
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------' L ~H;~ I I _~ i I : I . -~-f ~~ i5~
LINCOLN ROAD : 1(7. ;
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L-34 CANAL ,." - - - - - -'-L~j4-LJ'iNAL .,- -, _.,- \ CAI\IAL L -.54
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- -'
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N COUNTRY CLUB ACRES
- 7- Enclaves
CITY OF OELRA Y BEACH. fL , '\.. ~ MUNICIPAL CllY LIMITS
PLANNING'" ZONING DEPARTMENT
- - DIGITAL BASE MAP SYSTEM -- I.lAP REF LM825
RESOLUTION NO. 23-05
A RESOLUTION OF THE CITY OF DELRA Y BEACH, FLORIDA,
AUTHORIZING THE EXECUTION OF AN INTERLOCAL
AGREEMENT WITH PALM BEACH COUNTY PROVIDING FOR
THE ANNEXATION OF ENCLAVES PURSUANT TO SECTION
171.046, FLORIDA STATUTES.
WHEREAS, Section 163.01 Fla. Stat., (2004), known as the "Florida Interlocal
Cooperation Act of 1969." authorizes local governments to make the most efficient use of their
powers by enabling them to cooperate with other localities on a basis of mutual advantage and
thereby to provide services and facilities that will harmonize geographic, economic, population
and other factors influencing the needs and developments of local communities;
WHEREAS, the Florida Interlocal Cooperation Act of 1969 permits public agencies as
defined therein to enter into interlocal agreements with each other jointly exercise any power,
privilege, or authority which such agencies share in common and which each might exercise
separately;
WHEREAS, Section 18 of Chapter 93-206, Laws of Florida, created Section 171.046 of
the Florida Statutes which provides for the annexation of certain enclaves pursuant to interlocal
agreements between a municipality and the county which has jurisdiction over such enclaves;
WHEREAS, Section 171.046 of the Florida Statutes, limits annexation by such interlocal
agreements to individual enclaves of ten (10) acres or less in size;
WHEREAS, Section 171.031(13)(a) and (b), Fla. Stat., defines an enclave as an
unincorporated improved or developed area that is enclosed within and bounded on an sides by
a single municipality; or by a single municipality and by a natural or manmade obstacle that
allows passage of vehicular traffic to that unincorporated area only through the municipality;
WHEREAS, Palm Beach County and the City of Delray Beach have determined that it is
appropriate and will promote efficient provision of governmental services for the City to annex
certain enclaves;
WHEREAS, the County and the City have determined that the parcels to be annexed
pursuant to this interlocat agreement are improved property based upon the availability of water
and sewer systems; the availability and access to public right-of-way; and that the lots have
been subdivided as shown on recorded or unrecorded plats;
WHEREAS, it has been determined by the City that the parcels to be annexed via this
interlocal agreement meet the requirements set out in Sections 171.031(13)(a) and (b). and
171.046, Fla. Stat., as such enclaves are developed or improved, each are less than ten (10)
acres in size, and are completely surrounded by the City or are surrounded by the City and a
natural or man-made obstacle that allows passage of vehicular traffic to the enclaves only
through the City; and
WHEREAS, the individual enclaves identified herein are within the City's future
annexation area as set forth in the adopted Comprehensive Plan for the City of Delray Beach.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA THAT:
Section 1. The Mayor is hereby authorized and directed to execute an interlocal
agreement (attached hereto and incorporated herein as Exhibit "A") with Palm Beach County on
behalf of the City of Delray Beach for the individual enclaves described as follows:
Enclave 1
peN Acres Property Address Legall?escription
00424613030000980 0.17 Lincoln Rd. COUNTRY CLUB ACRES 2ND ADO LT98
00424613030001130 0.12 4882 Lincoln Rd. COUNTRY CLUB ACRES 2ND ADD LT 113
00424613030000830 017 4817 Lincoln Rd. COUNTRY CLUB ACRES 2ND ADO LT83
00424613030001150 0.10 Lincoln Rd. COUNTRY CLUB ACRES 2ND ADD LT 115
00424613030001160 0.20 4850 Lincoln Rd. COUNTRY CLUB ACRES 2ND ADD LTS 116 & 117
00424613030001180 0.10 4836 Lincoln Rd. !cOUNTRY CLUB ACRES 2ND ADD LT 118
00424613030000680 0.34 Jefferson Rd. !cOUNTRY CLUB ACRES 2ND ADD LTS 68 & 69
00424613020000300 0.17 14977 Whatley Rd. COUNTRY CLUB ACRES 1ST ADO LT30
00424613020000331 024 14984 Whatley Rd. COUNTRY CLUB ACRES 1 ST ADO LOT 33 & S 1/2 OF LT 34
00424613020000271 0.18 14959 Whatley Rd. COUNTRY CLUB ACRES 1 ST ADD S 5 FT OF LT 27 & LT 28
00424613030000670 0.17 4956 Jefferson Rd. COUNTRY CLUB ACRES 2ND ADO LT67
00424613030000860 0.17 4845 Lincoln Rd. COUNTRY CLUB ACRES 2ND ADO LT86
00424613030000990 0.17 Lincoln Rd. COUNTRY CLUB ACRES 2ND ADD LT99
00424613030000740 0.17 Uefferson Rd. COUNTRY CLUB ACRES 2ND ADD LT74
00424613020000240 0.17 14925 Whatley Rd. COUNTRY CLUB ACRES 1 ST ADO LT24
00424613020000380 0.25 14930 Whatley Rd. COUNTRY CLUB ACRES 1 ST ADD L T 38 & S 25 FT OF LT 39
00424613020000250 0.17 14933 Whatley Rd. COUNTRY CLUB ACRES 1ST ADO LT25
00424613030000930 0.17 4911 Lincoln Rd. COUNTRY CLUB ACRES 2ND ADD LT93
00424613030000920 0.17 Lincoln Rd. COUNTRY CLUB ACRES 2ND ADD LT92
00424613030000910 0.17 4891 Lincoln Rd. COUNTRY CLUB ACRES 2ND ADD LT91
)0424613020000370 0.17 14942 Whatley Rd. COUNTRY CLUB ACRES 1ST ADD LT 37
)0424613020000260 0.31 14947 Whatley Rd. COUNTRY CLUB ACRES 1 ST ADD L T 26 & N 45 FT OF L T 27
)0424613030000850 0.17 4835 Lincoln Rd. COUNTRY CLUB ACRES 2ND ADO LT 85
2 RES. NO.
00424613030000840 0.17 4827 Lincoln Rd. COUNTRY CLUB ACRES 2ND ADO LT84
00424613020000341 0.41 14960 Whatley Rd. COUNTRY CLUB ACRES 1 ST ADO N 1/2 OF LT 34 & LTS 35 & 36
00424613030000590 0.17 14947 Jefferson Rd. COUNTRY CLUB ACRES 2ND ADO LT59
00424613030000570 0.17 4929 Jefferson Rd. COUNTRY CLUB ACRES 2ND ADO LT57
00424613030001140 012 4880 Lincoln Rd. COUNTRY CLUB ACRES 2ND ADO LT 114
00424613030000580 017 4937 Jefferson Rd COUNTRY CLUB ACRES 2ND ADD LT58
00424613020000230 0.17 14915 Whatley Rd. COUNTRY CLUB ACRES 1 ST ADD LT23
00424613020000320 0.19 14988 Whatley Rd. COUNTRY CLUB ACRES 1ST ADO LOT 32
00424613030001100 0.12 4910 Lincoln Rd. COUNTRY CLUB ACRES 2ND ADO LT 110
00424613030001050 0.15 4956 Lincoln Rd. COUNTRY CLUB ACRES 2ND ADO LT 105
00424613030001060 020 4940 Lincoln Rd. COUNTRY CLUB ACRES 2ND ADO LTS 106 & 107
00424613030001080 0.12 4978 Lincoln Rd. COUNTRY CLUB ACRES 2ND ADD LT 108
00424613030001090 0.12 4920 Lincoln Rd. COUNTRY CLUB ACRES 2ND ADO LT 109
00424613030001040 012 4966 Lincoln Rd. COUNTRY CLUB ACRES 2ND ADD LT 104
6.62
Enclave 2
PCN Acres Property Address LegatOesc;ription
D0424613020000440 0.17 Whatley Rd. COUNTRY CLUB ACRES 1 ST ADO LT44
00424613020000430 0.16 Whatley Rd. COUNTRY CLUB ACRES 1 ST ADO LT43
00424613020000420 0.16 Whatlev Rd. COUNTRY CLUB ACRES 1 ST ADO LTS 42 & 43
0.49
Enclave 3
PCN Acres Property Address. leg.d O~s.cription
00424613010000041 0.16 14828 Whatley Rd. COUNTRY CLUB ACRES S 50 FT OF LT 4
00424613010000051 0.33 14802 Whatley Rd. COUNTRY CLUB ACRES N 40 FT OF LT 5 & S 60 FT OF LT 6
00424613010000042 017 Whatley Rd. COUNTRY CLUB ACRES N 20 FT OF LT 4 & S 30 FT OF L T 5
00424613010000061 0.26 Whatlev Rd. COUNTRY CLUB ACRES N 10 FT OF LT6& ALLLT7
0.92
Enclave 4
PCN Acres Property Addr~s legal Pescription
00424613010000171 0.17 14855 Whatley Rd. COUNTRY CLUB ACRES S 50 FT OF LT 17
0.17
Enclave 5
PCN Acres Property Address legal Description
00424613030000470 0.17 4835 Jefferson Rd. COUNTRY CLUB ACRES 2ND ADO LT 47
00424613030000450 0.34 4823 Jefferson Rd. COUNTRY CLUB ACRES 2ND ADD LTS 45 & 46
0.51
3 RES. NO.
Enclave 6
PCN Acres Property Address /Legal Description-
00424613030000550 O.17Wefferson Rd. !cOUNTRY CLUB ACRES 2ND ADD LT55
0.17
Enclave 7
~CN Acres Property AddreSs Legal~cription
~OUNTRYCLUBACRES2NDADD LT 102 (LESS W 5 FT SR 809
00424613030001020 0.13 4986 Lincoln Rd. RO R/W)
0.13
Section 2. Upon execution of the interlocal agreement, the City Clerk is hereby directed
and authorized to transmit sufficient copies of same to the appropriate offices of Palm Beach
County for Palm Beach County's consideration of execution of the Intergovernmental
Agreement and thereafter the execution thereof.
PASSED AND ADOPTED in regular session on this the _ day of ,
2005.
MAYOR
ATTEST:
City Clerk
4 RES. NO.
,
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT ---
MEETING March 21, 2005
DATE:
AGENDA ITEM: rV.A
ITEM: City Initiated Annexation Via Interlocal Agreement between Palm
Beach County and the City of Delray Beach for 9.02 Acres of land
which Contain Seven Enclaves with Forty Nine (49) Parcels located
on the East Side of Military Trail just 160' South of Atfantic Avenue.
- - --
GENERAL DATA: U
Owner/ApplicanL........ ..........-..._ . City of Delray Beach DELRA Y
SQUARE
Agent.... "" _. _.. _... _. .__.. ._. _.. .__.. ......_ City of Delray Beach PLAZA
location.._ ___.._... _ .__... .._... ._. -.... -_.. Eas side of Military Trail, l!10~ I
approximately 160 ft. south
of West Atlantic Avenue. I
Property Size..._ ..__.___.. -._..._.....___ 9.02 Acres ~ . 0 PUBUX I
Existing County Future land Use Map
Designation..._ ____.. ....________._ MR-5 (Medium Residential ",~'NGmN~" l~ I
0-5 du/ac)
Proposed City Future land Use Map MU TUAL UNION f':, ,
Designation _...... _ .. ___........ _. ATLANTIC AVE
'.
Existing County Zoning.._.... _...m AR (Agncultural Residential)
Proposed City Zoning....___..........
Adjacent Zoning ___.......... ___ North: City PC (planned DELRA Y . .
Commercial) and GC II1:ST . -
(General Commercial) PLAZA . -
- -
East: City RM-8 (Residential . .
Medium Density 8 du/ac) ............... .
>- -
South: City R-1-A (Single Family -
Residential) and OSR . . .
. . ..
(Open Space Recreational) - . .
-- .
West: RM-9 (Residential Medium - .
.
Density 9dulac) - .-
. :
Existing land Use.............____.__.. Single Family Homes and -....- .- - . .
Vacant land_ .
Proposed land Use._........__...._... Annexation to obtain City - .
i. _. . .. .. . . . I .. . . . . I . ..
Services (Water & Sewer
for Existing Single Family
Homes I
Water Service,. ........ .__... ... ..-..-..__ Water service wiD be t-
available via connection to a ::>
8. water main that will be 0
located along Whatley Road (f)
Jefferson Road and Lincoln
Road.
Sewer Service. _... .___..... ,....._ "'_' _.. Sewer service will be
available via a 4" force main
that will be located along
Whatley Road Jefferson
Road and Lincoln Road.
IV.~
I ITEM BEFORE THE BOARD I
The action before the Board is that of making a recommendation to the City Commission on a
City initiated Annexation via Interlocal Agreement Ordinance between Palm Beach County and
the City of Delray Beach, of seven Enclaves containing 49 parcels and a total of 9.02 acres of
land located on the east side of Military Trail just 160' south of Atlantic Avenue.
Pursuant to Land Development Regulations (LOR) Section 2.2.2(E) (6), the Local Planning
Agency (Planning & Zoning Board) shall review and make a recommendation to the City
Commission with respect to the annexation of any property within the City.
I BACKGROUND/PROJECT DESCRIPTION I
The subject property consists of 9.02 acres of land making up seven separate Enclaves
containing a total of forty-nine (49) parcels Enclave 1 contains thirty seven parcels with 6.62
acres located along Jefferson Road, Lincoln Road and Whatley Road. Enclave 2 contains
three parcels with 0,50 acres and is located on the northeast corner of the subdivision along
Whatley Road. Enclave 3 contains four parcels with 0.92 acres and is located on the north side
of the subdivision along Whatley Road, Enclave 4 contains one parcel of 0,17 acres and is
located on Whatley Road. Enclave 5 contains two parcels with 0,51 acres and is located on
Jefferson Road. Enclave 6 contains one parcel of 0.17 acres and is located on the along
Jefferson Road Enclave 7 contains one parcel with 0,13 acres and is located on Lincoln Road
(see attached map).
Interlocal Agreernent Ordinance
10UU
Enclave Nurnber Nurnber of PAPA Vacant
Parcels Acres Parcels
Enclave 1 37 662 5
Enclave 2 3 050 2
Enclave 3 4 0,92 2
Enclave 4 1 017 0
Enclave 5 2 051 0
Enclave 6 1 017 1
Enclave 7 1 0,13 0
Total 49 9.02 10
The properties are bound to the south by the LWDD L-34 Canal; to the north by Delray West
Plaza and World Saving Bank; to the west by Military Trail and a veterinary clinic; and, to the
east side by Sherwood Forest residential development. The subject property consists of seven
Enclaves containing 49 individual lots plus the respective rights-of-way for Lincoln Road,
Whatley Road and Jefferson Road, Thirty nine (39) of these parcels contain single family
residential homes, while ten (10) are vacant residential parcels, The parcels can be accessed
to the north from West Atlantic Avenue via Whatley Road and to the west from West Atlantic
Avenue via Jefferson and Lincoln Road (see Exhibit "An),
On April 19, 2005, the City and the County will execute an Interlocal Agreement which identifies
improvements and costs sharing for the Country Club Acres subdivision, Rather than the
normal related cost sharing ratios of 1/3 County, 1/3 City and 1/3 residents a commitment will
be made by the County and City to cover the entire cost if the property was annexed.
Planning and Zoning Board Staff Report' Meeting 03/21/05
Country Club Acres - Annexation of 49 Parcels Via Interlocal Agreement
Page 2
Water service is currently installed within Jefferson Road and a portion Whatley Road. A water
main extension is proposed as part of the planned improvements which will be installed after
annexation This extension will include Lincoln Road and the remaining portion of Whatley
Road that is not currently served, Infrastructure improvements include water and sewage,
drainage, road pavement, roadway trench repair, concrete driveway repair, landscape
restoration, sidewalks, and lighting, with a preliminary cost estimated to be approximately
$1,380.000 dollars. Sewer will be extended throughout the entire subdivision, via gravity
connections at the west end of Jefferson Road and Sherwood Forest Drive respectively.
The estimated cost of improvement does not include plumbing connections from the residence
to the point of service of the City system. Each owner will be charged water and sewer
connection fee, a meter deposit fee, and a meter installation fee for a total of $2,372 to be
assessed with a payment plan over a period of years,
The subject property is under the jurisdiction of Palm Beach County but is in a designated
annexation area for the City of Delray Beach (Annexation Area "0"). The City has a Low Density
(LD) land use designation that allows for single family residential development with a density
between zero and five units per acre. The Future Land Use amendment and rezoning of the
subject property will be Incorporated with the amended Comprehensive Plan to be adopted in
September 2005.
An application is now before the Board regarding a City initiated Voluntary Annexation of these
forty nine parcels.
I ANNEXATION ANALYSIS ,
Florida Statues Governina Voluntary Annexations:
Pursuant to the Florida Statutes 171,044 "the owner or owners of real properties in an
unincorporated area of the County, which is contiguous to a municipality and reasonably
compact may petition the governing body of said municipality that said property be annexed to
the municipality", Pursuant to F. S. 171.044 (5) "land shall not be annexed through voluntary
annexation when such annexation results in the creation of enclaves".
Pursuant to F.S, 171.031 (13), an "enclave" is (1) any unincorporated improved or developed
area that is enclosed within and bounded by a single municipality and a natural or man made
obstacle that allows the passage of vehicular traffic to that unincorporated area only through
the munIcipality.
. The property is contiguous with the City and reasonably compact. With regard to
creation of an enclave, in order to access the property one must first travel through
the City Thus, the total 9.02 acres currently contain seven (7) enclaves The
annexation will reduce this enclave which is consistent with Florida Statutes. The
remaining forty six (46) parcels (9.14 acres) which make up the balance of the
subdivision will be under 10 acres and are subject to annexation via voluntary
annexation pursuant to F.S. 171,044.
Chapter 171.046, Florida Statutes (2004), provides for annexation of certain enclaves by
entering into an Interlocal Agreement between the Municipality and the County having
Planning and Zoning Board Staff Report: Meeting 03/21/05
Country Club Acres - Annexation of 49 Parcels Via Interlocal Agreement
Page 3
jurisdiction over such enclave; and limits annexation by Interlocal Agreement to enclaves of ten
(10) acres or less in size.
Palm Beach County and the City of Delray Beach have agreed that the parcels to be annexed
via this Interlocal Agreement are subject to the Land Use Atlas of the Palm Beach County
Comprehensive Plan and the County zoning and subdivision regulations until the City adopts a
comprehensive plan amendment to include the parcels to be annexed in the City's
Comprehensive Plan,
Land Development Regulations Governing Annexations:
Pursuant to the Land Development Regulations 2.4.5 (C) (1) "the owner of land may seek the
annexation of contiguous property, under his ownership" pursuant to Florida Statutes. The
property owners have voluntarily petitioned for this annexation, Thirty one (31) of the property
owners have signed water agreements which commits them to be annexed into the City and
fifteen (15) have signed voluntary annexation petitions with the City of Delray Beach (see
Appendix "A")
CONSISTENCY WITH THE CITY COMPREHENSIVE PLAN:
Designated annexation area: The territory to be annexed is located within the designated
annexation area "0" located on the east side of Military Trail south of Atlantic Avenue.
Annexation of the subject territory is consistent with the Future Land Use Element Policy B-3.5,
which calls for annexation of eligible properties through voluntary annexations as the
opportunities arise.
CONCURRENCY:
Provision of Services: Future Land Use Element B-3.1 states that when annexation of
property occurs, services are to be provided in a manner which is consistent with services
provided to other similar properties already in the City, What follows is a discussion of
required services and the manner in which they will be provided.
Police: The subject property is currently served by the Palm Beach County Sheriff's Office,
located at 345 South Congress Avenue, which serves the South County area, The property
lies within Sheriff Patrol zone 7. Zone seven is bordered by Jog Road on the west, the Delray
Beach City Limits on the east, and Atlantic Avenue on the north and Clint Moore Road to the
south. One officer is assigned to a particular zone during a shift (three shifts per day). The
City of Delray Beach's Police Department has 14 cars per shift patrolling a 15 square mile area
during the day and 15 cars during the night; and as a consequence, response time will be
significantly improved upon annexation. Annexation will not require additional manpower since
the police currently pass the property dUring routine patrolling to the north, west and east of
the property,
Fire and Emeraencv Services: The municipal area is served by Fire Station No. 4 (Barwick
Road and Lake Ida Road). With annexation, the property will receive an improved response
time from the current 5 5 minutes of the County's Fire Department (Fire Station #42 located on
Hagen Ranch Road close to the Turnpike) to 2 5 minutes for the City's Fire Department (Fire
Station #4 located at Barwick and Lake Ida Road or Fire Station #5 located on Germantown
Road).
. - ---~ - ~.
Planning and Zoning Board Staff Report: Meeting 03/21/05
Country Club Acres - Annexation of 49 Parcels Via Interlocal Agreement
Page 4
Parks and Recreation: The City provides 127 acres of activity based recreation facilities such
as tennis, baseball, basket ball, soft ball and other similar sports, An additional 247 acres are
considered resource based activities such as beaches and lakes for swimming, boating
picnicking, hiking, and other activities excluding golf courses, Within recreation areas,
amenities and facilities are provided to meet the demand for leisure opportunities for all
segments of the community. Besides the facilities provided by the City and County, numerous
recreational amenities are provided by local schools and private development. The City of
Delray Beach provides a ratio of eight (8) acres of park and recreational facilities per 1,000
people while the current national ratio is 3 acres of park and recreational facilities per 1,000
people. This indicates that the City will have sufficient recreation facilities at build-out to meet
the adopted standards and future demand,
Schools: Country Club Acres east of Military Trial is an already built and well established
urban community. Therefore a concurrency finding from the Palm Beach County School
District is not required.
Solid Waste: Thirty nine (39) out of the forty nine parcels currently contain single family homes
while ten (10) are vacant parcels and therefore have a minor impact on this level of service
standard. Assuming the total number of single family homes as built (95 units) the subject
properties will generate 189.05 tons of solid waste per year (1.99x95=189.05). The increase
can be accommodated by existing facilities and thus, will not have a significant impact on this
level of service standard,
Water: Water service is currently being provided to properties on Jefferson Road and a
portion Whatley Road. The proposed water improvements to be constructed by the City after
annexation will include Lincoln Road and the remaining portion of Whatley Road. Once the
proposed infrastructure improvements are completed municipal water service will be available
via connection to the new 8" water main for all properties within the subdivision. Along the new
mains, fire hydrants will be installed with a minimum spacing of 400 feet.
Sewer: The proposed sewer will be installed throughout the entire subdivision, with gravity
connections to the west end of Jefferson Road and Sherwood Forest Drive respectively.
Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central
County Waste Water Treatment Plant for the City at build-out.
Streets: The parcels can be accessed to the north from West Atlantic Avenue via Whatley
Road and to the west from Military Trail via Jefferson and Lincoln Road, Those portions of the
rights-of-way of Lincoln Road, Jefferson Road and Whatley Road located within the Country
Club Acres sub-division (east of Military Trail) will be annexed Into and included in the
corporate boundaries of the City of Delray Beach. This will include acceptance by the City of
ownership and maintenance of the rights-of-way of those portions of Lincoln, Jefferson and
Whatley Roads, and responsibility for providing emergency services in those areas,
Country Club Acres east of Military Trail is an existing already built community that complies
with the Traffic Performance Standards in Article 12 of the Palm Beach County Land
Development Code. Based upon the above a positive finding with respect to traffic
concurrency can be made, There will be a mutual agreement by the City and County pursuant
to Section 335.0415, Florida Statutes (2004), for the transfer of the responsibility for operation
and maintenance of the public nghts-of-way of those portions of Lincoln, Jefferson and
Whatley Roads from Palm Beach County to the City of Delray Beach.
Planning and Zoning Board Staff Report: Meeting 03/21/05
Country Club Acres - Annexation of 49 Parcels Via Interlocal Agreement
Page 5
In addition to the utilities that are being installed as part of the interlocal agreement roadway
improvements consisting of drainage, road pavement, roadway trench repair, concrete
driveway repair, landscape restoration and beautification, sidewalks installation, lighting and
signage will be provided, with a preliminary cost estimated to be approximately $1,380000
dollars.
Financial Impacts - Effect upon Annexed Property:
The following table (Table #1) depicts the current taxable value, the total County taxes and the
tax difference upon annexation into the City for the subject properties:
Planning and Zoning Board Staff Report: Meeting 03/21/05
Country Club Acres - Annexation of 49 Parcels Via Interlocal Agreement
Page 6
PCN HOMESTEAD TAXABLE ADVALOREM NON.ADVAL. COUNTY COUNTY CITY TOTAL DIFFERENCE
NUMBER EXEMPTION VALUE 2004 TAXES TAXES TAXES MILLAGE MILLAGE TAXES
00424613020000230 000 118,56300 2,336 37 234.00 2,570 37 19705719 23 774565 3,052,78 482 41
00424613020000240 25,000 00 28,843 00 568 37 234.00 802 37 19705719 23 774565 919.73 11736
00424613020000250 25,000 00 70,66000 1,39241 234.00 1,626.41 19,705719 23 774565 1,91391 287 50
00424613020000260 25,000 00 96,245 00 1,896 58 234,00 2,130,58 19705719 23 774565 2,52218 391 61
00424613020000300 25,000 00 30,849 00 607 90 234 00 841 90 19705719 23 774565 967 42 125.52
00424613020000320 25,000 00 55,089 00 1,08557 234 00 1,31957 19,705719 23 774565 1,543 72 22415
00424613020000331 25,000 00 43,987 00 866,80 234,00 1,100.80 19.705719 23.774565 1,279 77 17898
00424613020000341 25,000 00 50,49400 995 02 234 00 1,229 02 19705719 23774565 1,43447 205 45
00424613030000570 000 109,54300 2,15862 234 00 2,39262 19705719 23 774565 2,83834 44571
00424613030000580 000 109,54300 2,15862 234,00 2,392,62 19,705719 23.774565 2,838,34 445.71
00424613030000590 000 111,97500 2,206,55 234 00 2,44055 19705719 23.774565 2,89616 455.61
00424613030000830 25,000 00 43,61300 859 43 234 00 1,093.43 19.705719 23 774565 1,270 88 177.45
00424613030000850 25,000 00 48,835 00 962 33 234 00 1,196.33 19705719 23 774565 1,395 03 198,70
00424613030000860 25,000 00 39,27300 773.90 234 00 1,00790 19705719 23.774565 1 ,167 70 159.80
00424613030000910 25,00000 22,049 00 434 49 234 00 668 49 19705719 23 774565 758,21 8971
00424613030000920 000 31,10400 61293 33,00 645,93 19.705719 23,774565 772.48 126 56
00424613030001060 000 114,16400 2,24968 234 00 2,48368 19705719 23 774565 2,948.20 464 52
00424613030001080 000 98,848 00 1,94787 234 00 2,18187 19705719 23.774565 2,584.07 402,20
00424613030001090 000 126,96000 2,501 84 234 00 2,73584 19705719 23,774565 3,252.42 51658
00424613030001100 000 97,235 00 1,91609 234 00 2,15009 19705719 23.774565 2,545.72 395 63
00424613030001150 25,000 00 37,501 00 738 98 234 00 972 98 19705719 23 774565 1,12557 152.59
00424613030001180 25,000 00 46,86700 923.55 234 00 1,15755 19705719 23 774565 1,348 24 190 69
00424613020000370 25,000 00 97,709 00 1,92543 234 00 2,15943 19705719 23.774565 2,556.99 397.56
00424613030000980 000 31,10400 61293 3300 645 93 19705719 23 774565 772 48 126 56
00424613030000990 000 27,21600 53631 3300 569 31 19,705719 23.774565 680.05 110,74
00424613030001160 000 123,475 00 2,43316 234 00 2,66716 19705719 23.774565 3,169.56 502.40
00424613030001040 000 151,668 00 2,98873 234.00 3,222,73 19.705719 23.774565 3,839,84 617,11
00424613030000670 25,000 00 59,80800 1,17856 234 00 1,412,56 19.705719 23.774565 1,65591 243 35
00424613030001140 25,000 00 64,04000 1,261 95 234 00 1,495,95 19.705719 23.774565 1,756.52 260.57
00424613030001130 000 1 09,462 00 2,15703 234 00 2,391 03 19.705719 23.774565 2,836.41 445.38
00424613030000840 25,000.00 67,47800 1,329.70 234 00 1,563 70 19.705719 23.774565 1,838.26 274 56
00424613030000680 000 36,936 00 727 85 3300 760 85 19705719 23.774565 911.14 150.29
00424613030000740 000 31,10400 61293 3300 645 93 19.705719 23,774565 772 48 126 56
00424613020000380 25,500 00 54,381 00 1,071 62 234,00 1,305 62 19705719 23774565 1,526 88 221,27
00424613030001050 25,000 00 42,851 00 84441 234 00 1,07841 19,705719 23.774565 1,252 76 17435
00424613030000930 25,000 00 98,851 00 1,94793 234 00 2,18193 19705719 23774565 2,584,14 40221
00424613020000271 000 117,672.00 2,31881 234 00 2,552,81 19,705719 23 774565 3,031 60 47879
00424613020000420 25,000 00 79,99200 1,57630 234.00 1,81030 19705719 23,774565 2,13577 325 48
00424613020000440 000 31,10400 61293 3300 645 93 19705719 23.774565 772.48 12656
00424613010000042 000 29,16000 574 62 3300 607 62 19705719 23,774565 726.27 11865
00424613010000061 000 34,992 00 689 54 3300 722 54 19705719 23.774565 864.92 142,38
00424613010000051 000 118,84800 2,341 99 234.00 2,575 99 19705719 23 774565 3,059.56 483 57
00424613010000041 25,500 00 24,267 00 478 20 234 00 712.20 19,705719 23 774565 81094 98.74
00424613010000171 25,00000 91,299 00 1 ,799 11 234 00 2,033 11 19705719 23.774565 2,404 59 371,48
00424613020000450 000 112,83500 2,223 49 234 00 2,45749 19705719 23 774565 2,916.60 459 11
00424613030000470 000 94,385,00 1,859 92 234,00 2,093 92 19705719 23,774565 2,477 96 384 04
00424613030000550 000 29,16000 57462 3300 607 62 19705719 23 774565 726 27 118,65
00424613030001020 000 129,40000 2,549 92 234 00 2,783.92 19705719 23 774565 3,310,50 526 58
TOTAL 576,000.00 3,421,437.00 67,421.88 9423.00 76,844.88 19.705719 23.774565 90,766.25
Planning and Zoning Board Staff Report: Meeting 03/21/05
Country Club Acres - Annexation of 49 Parcels Via Interlocal Agreement
Page 7
For the 2004 tax year the subject property (forty nine parcels) had a combined taxable value of
$3,421,440.00. With the change from County to City jurisdiction, the following taxes and rates
wi II be affected:
ADVALOREM COUNTY COUNTY WITH CITY CITY
TAXES TAXES MILLAGE ANNEXATION TAXES MILLAGE
Children Service Council 2,361 49 3 202280 DELETE 000 o 000000
Fire/Rescue MSTU 10,945 13 0.436500 DELETE 000 o 000000
Flonda Inland Navegatlon 131 72 0.430000 DELETE 000 o 000000
Health Care Dlstnct 3,76355 0.690189 3,763 55 o 690189
Palm Beach County 15,39643 1.230600 15,396 43 1 230600
Palm Beach County Debt 915 95 4,362354 91595 4 499980
Palm Beach County Library 1,848 62 0.186337 1,84862 o 186337
Palm Beach County Library Debt 1,848 62 o 038490 1,848 62 o 038490
Public Schools Debt Serv 937 46 o 273986 937 46 o 273986
Public Schools Loc Board 8,868 34 2 592000 8,868 34 2 592000
Public Schools State Law 19,04367 5.565993 19,04367 5 565993
SFWMD Dlstnct 2,042 62 0,597000 2,042 62 0.597000
SFWMD Everglades Const 342 15 o 099990 342 15 o 099990
City of Delray Beach 7466100 Added (City) 25,544 79 7466100
City of Delray Beach Debt o 533900 Added (City) 1,826 71 o 533900
SUB. TOTAL 68,445.75 19.705719 Difference* 82,378.91 23.774565
4.068780
* Total tax millage in the county is 19.705719 mills while in the city the total millage is
23.774565 mills. Therefore the difference is 4,06878 mills.
The current yearly ad valorem taxes are $68,445,75, With annexation the yearly ad valorem
taxes for all properties will be $82,378.91 (68,445,75+13,933.18=82,378,91); a tax difference
of $13,933.18 (3,424.413x4.06878/1000=13,933.16), In addition to property taxes, the
following Non Ad Valorem fiscal responsibility will apply,
Delray Beach Storm Water Utility - This assessment is based upon the percentage of
impervious area of the buildings, parking areas, etc. As the property has been developed or
subdivided for residential purposes, an assessment of $40,50 per unit is applied. A 25%
discount from the assessment is available since the property is within the Lake Worth
Drainage District.
Solid Waste Authority - The Military Trail annexation areas are serviced under a new
contract by Waste Management (pursuant to a contract awarded October 1, 2003). City's
contract is currently through Waste Management. Pursuant to Florida Statute 171.062 (4) (a) "
if a party has an exclusive franchise which is in effect for at least six months prior to the
initiation of an annexation, the franchise may continue to provide such services to the annexed
area for five years or the remainder of the franchise term whichever is shorter" Thus, the
waste service provider will not change with annexation.
Planning and Zoning Board Staff Report: Meeting 03/21/05
Country Club Acres - Annexation of 49 Parcels Via Interlocal Agreement
Page 8
Resulting Impacts to Property Owner:
I SUMMARY OF IMPACTS ON THE COUNTRY CLUB ACRES PROPERTY I
FINANCIAL CONSIDERATIONS
AD VALOREM TAXES 2004 + $90 - $527
City Mills, County Mills
23.7745 - 19,7057 = 4.0687
NON AD VALOREM TAXES 2004
Stormwater Assessment (@ $40.50 per Unit) $40.50
Solid Waste Collection $0.00
WATER & SEWER UTILITY FEES $0.00
ANNUAL FINANCIAL IMPACT: + $90 - $527
Water & sewer connection & meter installation fee per unit (one time fee) + $2,372.00
SERVICE CONSIDERATIONS
Fire Response + Faster response from an estimated 5,5
minutes (County) to 2 5 minutes (City),
Emergency Medical + Faster response from an estimated 5.5
Services (EMS) minutes (County) to 2 5 minutes (City),
Police + Better response based upon more officers
In field; 14 patroll cars per shift daytime,
15 patrol cars durina the night.
Code Enforcement + Pro-active vs reactive opportunity to work
Fiscal Impacts to the City: At the 2003/2004 City operating milage of 7.46 mills and debt rate
of 0,53 mills, the property will generate approximately $27,395.30 in new ad valorem taxes per
year. Additional revenues will be realized through increased property values as a result of
infrastructure improvements, building permit fees, the annual collection of the storm water
assessment fee as well as utility taxes (9.5% electric, 7% telephone) and franchise fees on
electric, telephone, and cable.
POSITIVE FISCAL IMPACT TO THE CITY
AD VALOREM TAXES 2004
City of Delray Beach (7.4661 Mills) 25,567 01
City of Delrav Beach Debt (0 5339 Mills) 1,828 29
SUB-TOTAL + $27,39530
NON-AD VALOREM TAXES
Storm Water Assessment (ea:! $40 50 oer Unit) $1,984 50
SUB-TOTAL + $29,379 80
WATER & SEWER CONNECTION & METER INSTALLATION FEE
Water/sewer connection, meter installation fee em $2,372 a/unit (one time fE + 116,228 00
TOTAL + . . $145.~~?..l!.~
~ -- ..-- 'NEGATly'E-FIS-CAL IMPACT TO iHE CITY
Total Cost oiConstrucii~n $1 ,380~ooci .-- ...- -
(50 % County and 50% City) for:
- Roadway restoration on Lincoln Road
- Sewer for entire subdiVision via gravity connections
- Water extensions to Include Lincoln Road and a portion
of Whatlev Road, dralnaae, Sidewalks, fire hvdrants, landscaolnn, and II( - $690.000.00
TOTAL .. --- ..-----. ---- --.. $6_90.000.00
..---
..-- _.~ERyICE CO~SIDERATION~ _..__ ---
Fire Response + Faster response from an estimated 5.5
minutes (Countv) to 2 5 minutes (CltV)
Emergency Medical + Faster response from an estimated 5 5
Services (EMS) minutes (Countv) to 2 5 minutes (CltV)
Pollee + Better response based upon more officers
in field; 14 patroll cars per shift daytime,
15 oatrol cars durino the nloht.
Code Enforcement + Pro-active vs reactive oooortUnltv to work
Planning and Zoning Board Staff Report: Meeting 03/21/05
Country Club Acres - Annexation of 49 Parcels Via Interlocal Agreement
Page 9
REQUIRED FINDINGS: Pursuant to LOR Section 2.4.5(C)(4), the City Commission must
make findings that the annexation is consistent with Objective B-3 of the Future Land
Use Element, and complies with F.S. 171.
As stated above, the subject property is located within a designated annexation area, Area D.
Its annexation is consistent with the Objective B-3 of the Future Land Use Element. Also, the
annexation complies with Florida State Statutes Section 171 as it pertains to annexations,
I REVIEW BY OTHERS I
The subject properties are not in an area that requires review by the Community
Redevelopment Agency (CRA) or Downtown Development Authority (DDA).
Palm Beach County Notice:
On March 07, 2005 the Palm Beach County Planning Division was notified of the City's intent to
annex this property, No response has been received yet. However, the County is a partner via
the interlocal agreement to the annexation and related infrastructure improvements.
Lake Worth Drainaae District:
On March 07, 2005, Lake Worth Drainage District was notified of the City's intent to annex this
property, No objections have been received,
IPARC Notice:
Notice of the Future Land Use Amendment has also been provided to the Interlocal Plan
Amendment Review Committee (IPARC) which distributes the information to adjacent
municipalities.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
D Bill Rice, Sherwood Forest
D Carolyn Zimmerman, President Council
D Herbert Levine, Hamlet Residents Association
D Jerry Franciosa, PROD (Progressive Residents of Delray)
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.
I ASSESMENT AND CONCLUSION I
Accommodating the annexation of this property is consistent with the City's program for
annexation of territory withm Its planning and service area. The City has a Low Density (LD)
land use designation that allows for single family residential development with a density
Planning and Zoning Board Staff Report: Meeting 03/21/05
Country Club Acres - Annexation of 49 Parcels Via Interlocal Agreement
Page 10
between zero and five units per acre. The land use amendment and rezoning of the subject
property will follow this action with Comprehensive Plan Amendment 2005-1. The annexation
will provide with better Police, Fire, EMS and Code Enforcement services. The property will
experience a slight increase in ad valorem taxes but this more than offset with Infrastructure
improvements of approximately 1.3 million dollars.
The City will receive additional revenue from property taxes, in addition to storm water
assessment fees utility taxes, franchise fees, and licensing fees upon future development or
property improvement. The total immediate revenue increase is approximately $27,39530 a
year. Infrastructure improvements will include water and sewage, drainage, road pavement,
roadway trench repair, concrete driveway repair, landscape restoration, sidewalks, and lighting.
Based upon the above, the proposed Annexation should be approved.
I AL TERNA TIVE ACTIONS I
A. Continue with direction,
B. Move a recommendation of approval to the City Commission for the City initiated annexation
via Interlocal Agreement for the subject property (known as Country Club Acres), 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
Sections 2.4 5(C)(4) and 3.1.1 of the Land Development Regulations and complies with
Florida Statutes Chapter 171.
c.
D, Move a recommendation of denial to the City Commission for the City initiated annexation
via Interlocal Agreement for the subject property (known as Country Club Acres), 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 Sections 2.4.5(C)(4) and 3,1.1 of the Land Development Regulations and does not
comply with Florida Statutes Chapter 171.
I RECOMMENDED ACTION I
E Move a recommendation of approval to the City Commission for the City initiated annexation
via Interlocal Agreement for the subject property (known as Country Club Acres), 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
Sections 2.4.5(C)(4) and 3,1.1 of the Land Development Regulations and complies with
Flonda Statutes Chapter 171
Attachments. Location Map
Staff Report Prepared by" Estelio Breto, Senior Planner
Planning and Zoning Board Staff Report, Meeting 03/21/05
Country Club Acres - Annexation of 49 Parcels Via Interlocal Agreement
Page 11
Exhibit A: Interlocal Parcels by Enclave
Enclave 1
PCN Acres Property Address Legal Description
00424613030000980 017 Lincoln Rd COUNTRY CLUB ACRES 2ND ADD LT98
00424613030001130 012 4882 Lincoln Rd COUNTRY CLUB ACRES 2ND ADD LT113
00424613030000830 017 4817 Lincoln Rd COUNTRY CLUB ACRES 2ND ADD LT83
00424613030001150 010 Lincoln Rd COUNTRY CLUB ACRES 2ND ADD LT115
00424613030001160 020 4850 Lincoln Rd COUNTRY CLUB ACRES 2ND ADD L TS 1 1 6 & 11 7
00424613030001180 010 4836 Lincoln Rd COUNTRY CLUB ACRES 2ND ADD LT118
00424613030000680 034 Jefferson Rd COUNTRY CLUB ACRES 2ND ADD L TS 68 & 69
00424613020000300 017 14977 Whatley Rd COUNTRYCLUBACRES 1STADD LT30
00424613020000331 024 14984 Whatley Rd COUNTRY CLUB ACRES 1 ST ADD LOT 33 & S 1/2 OF L T 34
00424613020000271 018 14959 Whatley Rd COUNTRY CLUB ACRES 1 ST ADD S 5 FT OF L T 27 & L T 28
00424613030000670 017 4956 Jefferson Rd COUNTRY CLUB ACRES 2ND ADD LT67
00424613030000860 0.17 4845 Lincoln Rd. COUNTRYCLUBACRES2NDADD LT86
00424613030000990 0.17 Lincoln Rd. COUNTRY CLUB ACRES 2ND ADD LT99
00424613030000740 0.17 Jefferson Rd COUNTRY CLUB ACRES 2ND ADD LT74
00424613020000240 0.17 14925 Whatley Rd COUNTRY CLUB ACRES 1 ST ADD LT24
00424613020000380 0.25 14930 Whatley Rd COUNTRYCLUB ACRES 1ST ADD L T 38 & S 25 FT OF L T 39
00424613020000250 017 14933 Whatley Rd COUNTRYCLUB ACRES 1ST ADD LT25
00424613030000930 0.17 4911 Lincoln Rd. COUNTRY CLUB ACRES 2ND ADD LT93
00424613030000920 0.17 Lincoln Rd COUNTRY CLUB ACRES 2ND ADD LT92
00424613030000910 0.17 4891 Lincoln Rd COUNTRY CLUB ACRES 2ND ADD L T 91
00424613020000370 017 14942 Whatley Rd. COUNTRY CLUB ACRES 1 ST ADD LT37
00424613020000260 031 14947 Whatley Rd COUNTRY CLUB ACRES 1 ST ADD L T 26 & N 45 FT OF L T 27
00424613030000850 017 4835 Lincoln Rd COUNTRY CLUB ACRES 2ND ADD LT85
00424613030000840 017 4827 Lincoln Rd COUNTRY CLUB ACRES 2ND ADD LT84
00424613020000341 041 14960 Whatley Rd. COUNTRY CLUB ACRES 1ST ADD N 1/2 OF L T 34 & L TS 35 & 36
00424613030000590 017 4947 Jefferson Rd. COUNTRY CLUB ACRES 2ND ADD LT59
00424613030000570 017 4929 Jefferson Rd. COUNTRY CLUB ACRES 2ND ADD LT57
00424613030001140 012 4880 Lincoln Rd COUNTRY CLUB ACRES 2ND ADD LT114
00424613030000580 017 4937 Jefferson Rd COUNTRY CLUB ACRES 2ND ADD LT58
00424613020000230 017 14915 Whatley Rd COUNTRY CLUB ACRES 1 ST ADD LT23
00424613020000320 019 14988 Whatley Rd COUNTRY CLUB ACRES 1 ST ADD LOT 32
00424613030001100 012 4910 Lincoln Rd COUNTRY CLUB ACRES 2ND ADD L T 110
00424613030001050 015 4956 Lincoln Rd. COUNTRYCLUBACRES2NDADD L T 1 05
00424613030001060 020 4940 Lincoln Rd COUNTRYCLUB ACRES 2ND ADD L TS 106 & 107
00424613030001080 0.12 4978 Lincoln Rd. COUNTRY CLUB ACRES 2ND ADD L T 1 08
00424613030001090 0.12 4920 Lincoln Rd. COUNTRYCLUBACRES 2ND ADD L T 1 09
00424613030001040 0.12 4966 Lincoln Rd. COUNTRY CLUB ACRES 2ND ADD L T 1 04
6.62
~n_clavo 2__.__ ___.. =-_____._ _ _..._ -------.- -- .--
PCN Acres Property Address Legal Description
00424613020000440 0.17 Whatley Rd. COUNTRY CLUB ACRES 1ST ADD LT44
00424613020000430 016 Whatley Rd. COUNTRY CLUB ACRES 1ST ADD LT43
00424613020000420 016 Whatley Rd. COUNTRYCLUB ACRES 1ST ADD L TS 42 & 43
0.49
Enclave 3
PCN Acres Property Address Legal Description
00424613010000041 0.16 14828 Whatley Rd. COUNTRY CLUB ACRES S 50 FT OF L T 4
00424613010000051 0.33 14802 Whatley Rd COUNTRY CLUB ACRES N 40 FT OF L T 5 & S 60 FT OF L T 6
00424613010000042 0.17 Whatley Rd COUNTRY CLUB ACRES N 20 FT OF L T 4 & S 30 FT OF L T 5
00424613010000061 0.26 Whatley Rd COUNTRY CLUB ACRES N 10FT OF L T 6 & ALL L T 7
0.92
Enclave 4 .-----rAcres- I Property Address-n.:egal Description -_. -------.---
PCN
00424613010000171 o 17114855 Whatley Rd. ICOUNTRYCLUBACRES S 50 FT OF L T 17
0.17
Enclave IS
PCN IAcres IPropertyAddress I Lega I Description
00424613030000470 o 1714835 Jefferson Rd. ICOUNTRY CLUB ACRES 2ND ADD LT47
00424613030000450 03414823 Jefferson Rd. ICOUNTRYCLUB ACRES 2ND ADD L TS 45 & 46
0.51
Enclave 6 .. ""--'-TAcres- r Prope';:ty'Address I Legal Description
PcN"-... . ----- - --
00424613030000550 o 171Jefferson Rd. ICOUNTRYCLUB ACRES 2ND ADD LT55
0.17
Enclave 7
PCN----. - - ----IAcres. -rPrciperty'AddressILegal Description --
COUNTRY CLUB ACRES 2ND ADD L T 102 (LESS W5 FT SR 809
00424613030001020 0.13 4986 Lincoln Rd. RD RMI)
0.13
<
Planning and Zoning Board Staff Re : Meeting 03/21/05
Country Club Acres - Annexation of 4~ Parcels Via Interlocal Agreement
Page 12
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-- DICtW.. atSl" M4P SYS1FJI -- NNI' REF: 1..M82S
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERtJ?v1
SUBJECT: AGENDA ITEM # '1~ - REGULAR MEETING OF APRIL 19. 2005
AMENDED INTERLOCAL AGREEMENT /COMMUNITY
REDEVELOPMENT AGENCY
DATE: APRIL 15, 2005
This is before Commission to consider approval of an Amended Interlocal Agreement between the
City and the Community Redevelopment Agency (CRA) for engineering, landscape design, and
construction administration services to improve the coordination of projects identified in the
Downtown Master Plan, CRA Plan and Southwest Neighborhood Plan.
The amended agreement will include services for non-road projects within the CRA redevelopment
areas, landscape design, and services to be provided through the Community Improvement
Department. These modifications will allow further coordination between the City and the CRA on
future neighborhood parks and/or in-fill or affordable housing projects identified in the Downtown
Master Plan, CRA Plan, and Southwest Netghborhood Plan.
Recommend approval of the Amended Interlocal Agreement with the Community Redevelopment
Agency for services relating to work performed Wlthin the CRA redevelopment area.
S:\Clty Clerk\agenda memos\CRA lnterlocal Agmt. Master Plan 041905
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO: David T. Harden U
Randal L. Krejcarek, PE /l
FROM:
DATE: 06 Apr 2005
SUBJECT: Amended CRA-City Interlocal Agreement
For Engineering Services
Agenda Item
Request for Commission approval/authorization for mayor to execute amended CRA-_
City Interlocal Agreement for Engineering Services. The amended agreement will
include services for non-road projects within the CRA redevelopment areas, landscape
design and services and services to be provided through the Community Improvement
Department. These modifications will allow further coordination between the City and
CRA on future neighborhood parks and/or in-fill or affordable housing projects identified
in the Downtown Master Pain, CRA Plan and SW Neighborhood Plan.
There is no cost to the City with this amended agreement.
If this Amended agreement meets with your approval, please place it on the 19 Apr
2005 Commission meeting for Commission approval.
enc
cc: Richard C, Hasko, PE, Environmental Services Director
Victor MajtenYI
file
S:IEngAdmmICRAI2005 apr 19 agenda memo. DOC
-- ----
AMENDED AND REST A TED INTERLOCAL AGREEl\:JENT BET\VEEN THE
CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY
REDEVELOPMENT AGENCY FOR FCRNISHING ENGINEERING,
LANDSCAPE DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES
THIS AGREEMENT 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 DELRA Y BEACH COMMUNITY
REDEVELOPMENT AGENCY, (hereinafter referred to as the "CRA").
WITNESSETH:
\VHEREAS, the CITY has an engineering department as well as continuing
professional contracts with engineering and design firms; and
\VHEREAS, the CRA requires the use of engineering, landscape design and
construction administration services from time to time; and
WHEREAS, the CRA, on certain projects may wish to contribute a portion or all
of the fees charged by outside engineering or design firms; and
WHEREAS, the parties both desire to assist one another in providing and
obtaining the services as more specifically set forth in this 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. The CITY will provide the following services:
A. Engineering, landscape design and construction administration
services to the CRA relating to work that is performed within the CRA redevelopment
area;
-~-------- --- - - ------ - -- --- --
B. The CITY shall provide for these services through the CITY'S
engineering or community improvement departments or through the use of outside
engineering or design firms, upon consent of both parties, that have consulting
agreements with the CITY. If outside engineering or design firms are used the CITY'S
engineering department shall administer and oversee the work performed by the outside
engineering or design firm.
C. The CITY may provide these services to the CRA upon
reasonable request by the CRA and upon the ability ofthe CITY to provide such services
either through its engineering or community improvement departments or through outside
engineering or design firms. The CITY may decline to provide such engineering,
landscape design or construction administration services for any reason or no reason.
D. The CITY shall not be responsible for any cost associated with the
work requested by the CRA unless agreed to prior to the start of such work.
3. The CRA shall provide the following:
A. Prior reasonable notice to the CITY of work requests;
B. Payment to the CITY for all outside engineering or design work
requested by the CRA. The CRA shall provide a written commitment to the CITY, prior
to the approval of the Consultant Service Authorization by the CITY, for payment of
costs involving outside engineering or design work.
4. The term of this Agreement shall commence upon execution by both
parties and shall continue until either party delivers written notice to the other party of its
intent to terminate this agreement. Upon the termination of this agreement the CRA shall
2
----~---
- ..,..,
,
pay all costs or charges that are outstanding for work performed through the date of
termination.
5 This Interlocal Agreement shall be filed pursuant to the requirements of
Section 163.01(11) of the Florida Statutes.
6. No prior or present agreements or representations with regard to any
subject matter contained within this Agreement shall be binding on any party unless
included expressly in this Agreement. Any modification to this Agreement shall be in
writing and executed by the parties.
7. The validity of any portion, article, paragraph, provision, clause, or any
portion thereof of this Agreement shall have no force and effect upon the validity of any
other part of portion hereof.
8. This Agreement shall be governed by and in accordance with the Laws of
Florida. The venue for any action arising from this Agreement shall be in Palm Beach
County, Florida.
9. Neither the CITY nor the CRA shall assign or transfer any rights or
interest in this Agreement.
10. This Agreement shall not be valid until signed by the Mayor and the City
Clerk.
ATTEST: CITY OF DELRA Y BEACH, FLORIDA
By:
City Clerk Jeff Perlman, Mayor
Approved as to Form:
City Attorney
3
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(SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ~ day of
f'flCVIcXI , 2002; by HC\...uc.\ rd f-1I1 n~,,")\.Juod-h, as ChcU' fY\CU1
(name of officer or agent, title of officer or agen' , of frJ r~ Bra. (..h (IC A.
(name of corporation acknowledging), a F\ 0 n do.... (stat place of mcorporatlOn)
corporation, on behalf of the corporation. @IShe is personally known to me or has
produced (type of identification) as identification.
~^~.rY\ 0\.',-u
otary P lie - State of Florida
~~~~~~t-~ JuIiap~ M Steele
~*:~"*~ Co~on#DD341329
-:.,~~ . . . .-;,-:~ ExpIres; s~ 05 2008
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--------~-~---~-- -------------
Date: 06 ApI' 2005 AGENDA ITEM NUMBER: qB
0
AGENDA REQUEST
Request to be placed on:
~Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When: 19 ApI' 2005
Description of Agenda Item (who, what, where, how much):
Request for Commission approval/authorization for mayor to execute amended CRA-
City Interlocal Agreement for Engineering Services. The amended agreement will
include services for non-road projects within the CRA redevelopment areas, landscape
design and services and services to be provided through the Community Improvement
Department. There is no cost to the City with this amended agreement.
Staff Recommendation: R2~
Department Head Signature:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials: N.A.
Account Number
Description
Account Balance:
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agenda: @ No Initials: tr1
,
Hold Until:
Agenda Coordinator Review:
Received:
s. \EngAdmin \eRA \2005 apr 19 agenda doc
Community ~
Improvement
Memo
To: David Harden, City Manager
From: Lula Butler, Director, Community Improvement Lb
Date: April 15, 2005
Re: R.A.C.E. Relations Initiatives/Recommendations
ITEM BEFORE THE COMMISSION:
City Commission consideration of approval of the recommendations put forth under the
Relationships between Authorities Citizens and Experts (R.A.C.E.) report presented at your
regular meeting on February 15, 2005.
BACKGROUND:
The City Commission received the final report for Phase I of the RACE initiative from its
contracted consultant Sam Mathis in February 2005. The Commission directed staff to review the
recommendations contained within the document and consider the budgetary impact required for
implementation.
A staff committee consisting of Susan Ruby, City Attorney, Robert Barcinski, Assistant City
Manager, Rex Taylor, Interim Assistant City Manager, Harry Hamilton, Direetor, Human
Resources, Larry Schroeder, Police Chief and myself met several times with Mr. Mathis to review
the recommendations and implementation strategy. Staff conclusion is that the
recommendations included in the formal report should be implemented. We have attached, for
the Commission's approval, the preliminary exeeution of the recommendation phase.
We are recommending continuing the contractual relationship with the consultant until we
complete the evaluation of the job description for the new position proposed under the title of
Diversity Manager. The Human Resource Director will make the final decision on the job
description, recruitment strategy and assist with the hiring and/or appointment of the person who
will assume the role as the lead staff responsible for the overall coordination, community outreach
and documentation of efforts direetly to the City Manager for the RACE initiatives. Staff must
complete all of the analysis before we can do a final recommendation on this position. I have also
attached, for your reference, the action items to be implemented along with the estimated
budgetary impacts for FY 05/06. These action Items are estimated at $90,000. Staff will submit
the cost associated with the new position and retaining the services of Mr. Mathis for FY 05/06
after we've completed the analysis.
RECOMMENDATION:
Staff is recommending City Commission approval of the Preliminary Execution of
Recommendation Phase proposed for the implementation of specific actions under the RAC.E.
initiative; authorize the proposed budget allocation in the amount of $90,000 for fiscal year
2005/06 supporting the implementation of action items pursuant to the recommendations under
the Phase I report.
1
C\c-
City of Delray Beach Relationship between Authorities
Citizens and Experts (R.A.C.E.)
Samuel E. Mathis, Jr. - Diversity Business Strategist and Advisor
April 11, 2005
Proposed Action Items for FY 05/06
Background
In February of this year, recommendations for efforts to improve race relations in
the City of Delray Beach were accepted. Designated staff and the consultant are
currently preparing required processes and resources for Commission review in
order to adequately deploy the recommendations. Following are items that may
impact plans and budgets for the next period. The items are not listed in a
specific sequence. The actually order of deployment may depend on a number of
other factors.
Diversity Manager Position - (undetermined at this time)
Someone must be accountable for advancing and maintaining race relations and
diversity initiatives. The recommendations call for a designated function to drive
this initiative. A draft job description is attached and is to be submitted to the staff
committee, which included the Director of Human Resources for further review.
Information Systems Capabilities - in-house staff resources
The adoption of an administrative strategy must be driven by sound data.
Surveys
Employee and citizen surveys in the following areas with the ability to extract
responses based on race, age, nationality and economic level will be desired.
Data Collection
Human resource data regarding applicants, performance reviews, hires,
terminations, etc. is helpful in considering workforce diversity. Data regarding
certification and utilization of minority businesses in the past and currently is
needed for analysis regarding actual practices in this area.
Employee Diversity Training - Estimated @ $50,000
Attitudes, feelings and behaviors were a top category of responses resulting from
the R.A.C.E. initiative. An assessment of current employee training may present
opportunities for additions to current course material or deployment of new
classes. This should be considered as leadership development and training for
all staff and elected officials for the approaching year.
Community Dialog Groups (training sessions) $30,000
Due to the heightened sensitivity that exists in the Delray Beach community due
to the recent focus on the death of Jerrod Miller, forums to engage the
community in a systematic manner should be considered. As mentioned above,
attitudes, feelings and behaviors were a top category of responses resulting from
the R.A.C.E. initiative and pointed to a need for community-based dialog efforts.
Study Circles is an example of one vehicle with a proven track record in
communities throughout the country that could be considered. Fees to the
organization chosen to facilitate this endeavor should be considered.
Core Team and Sub-Group Facilitation - estimated @ $10,000
Resource requirements may be determined once participants are selected for the
various teams responding to the findings of the R.A.C.E. initiative. Some areas of
additional resource implications may include:
. Third party facilitator (Con-census or similar objective party)
. Food or refreshments for meetings and fees for meeting space
. Potential travel to visit other city officials for benchmarking purposes
. Expert and additional consultant review
****
2
-- - ----- ---- --~ -
City of Delray Beach R.A.C.E. Initiative
Preliminary Execution of Recommendation Phase
Samuel E. Mathis, Jr. Diversity Business Strategist and Advisor
April 11, 2005
START-UP OF EXECUTION PHASE - March 1h thru April2~d
A. Assist staff with development of an administrative analysis of consultant's
recommendations.
1. Identify staff project manager (accountable for monitoring progress).
2. Establish formal statement on the report recommendation for a designated
staff function.
3. Process, accountabilities and resource review (as referenced in
recommendations ).
4. Acknowledge current diversity strategy deployed by city.
5. Set projected project budget.
PRE CORE TEAM COLLABORA TlON - April 2gth
B. Assist staff in acknowledging key colleagues (staff) to be considered as
subject matter experts for Core Team involvement.
1. Review issues in Focus Areas as defined and develop names of
individuals with personal profiles (accomplishments, experience, etc.).
C. Assist staff in acknowledging key community and other civic (local, county,
state, etc.) stakeholders to be considered as subject matter experts.
1. Review issues in Focus Areas as defined and develop names of
individuals with their personal profiles (accomplishments, experience,
etc.).
2. Review with appropriate commissioners, staff and stakeholders.
ANAL YSIS OF R.A.C.E. REPORT AND FEEDBACK - April 21h & 2gth
D. In depth review with key staff of summary response to R.A.C.E. questions and
create a list of issues to clarify and further research in order to address general
concerns in a specific and detailed manner.
CORE TEAM DEFINITION AND APPROVAL - Mav ~d thru (jh
E. Core Team Development
1. Review existing resource teams, committees and task force efforts in
order to assess any redundancy or duplications of efforts.
2. Consider gaps or vacancies in the team currently identified (key staff and
community stakeholders) using the criteria above to consider additions to
the Core Team accountable to track the progress and resolution of
concerns submitted.
3. Assist staff in defining Core Team for ratification by city commission.
LAUNCH CORE TEAM/PROJECT MANAGEMENT - Mav 9th thru zrh
F. Confirmation and Start-up
1. Conduct Core Team orientation.
2. Set team objectives, resource requirements, Sub-Team definition and
objectives.
3. Set goals and definition of successful initiative.
4. Facilitate project plan (including new time table) and management for the
team as outlined in the consultant's recommendations.
FACILITATION AND PROJECT MANAGEMENT AS NEEDED
Mav 2ih thru Completion
G. Variable factors
1. Dedicated city staff for project management role.
2. Goals, objectives and time table as set by the Core Team.
3. Additional resources and budget as determined by Core Team (additional
facilitation, travel for benchmarking, research, etc.)
--.--
Date: April 15, 2005 Agenda Item No. C-tc.-
AGENDA REQUEST
Agenda request to be placed on:
_X_Regular _ Special _ Workshop Consent
-
When: April 19, 2005
Description of Agenda Item:
R.A.C.E. Relations Initiatives/Recommendations
Ordinance/Resolution Required: Yes I No Draft Attaehed: Yes I No
Recommendation: Approval
Department Head Signature: (IF ~..~
City Attorney Review/Recommendation (if applieable) ~~
Budget Direetor Review (required on all items involving expenditure of funds):
Funding Available: Yes / No
Funding Alternatives: (if applicable)
Aceount # & Description:
City Manager Review:
Approved for agenda: @/NO W1
Hold Until:
Agenda Coordinator Review:
Reeeived:
Action: Approved / Disapproved
---------- - -- - -------
OJ:;
PH
~ Palm Beach County
LEAGUE of CITIES, Inc.
April 6, 2005
Re: Road Reduction lnterlocal Agreement
Dear Manager and Municipal Elected Officials:
Attached with this email please find the above-referenced Interloeal Agreement with an
exhibit listing all non-eounty and non-state roads on the County's thoroughfare plan that are
located within municipalities.
This Agreement provides for one hundred twenty (120) days notiee if the County or any
municipality with jurisdietion over the listed roads desires to reduee the capacity on the roadway
or remove the road from the County's thoroughfare plan. Only those entities who adopt the
ln~erlocal Agreement will be provided notice. Then, the proposal will be submitted to the
Metropolitan Planning Organization ("MPO") for analysis with input from interested parties.
Through this voluntary process, it is anticipated that impaets on those in the nearby vicinity
could be mitigated.
As you may recall, this item arose approximately one (1) year ago with Commissioner
Warren Newell proposing to put this issue before the voters for yet another eharter amendment to
allow the County full control over all roads on the County's thoroughfare plan regardless of
whether or not they were located in municipalities.
To be effective, this Agreement must be signed by municipalities having construction and
maintenance responsibilities for thirty-six (36) of the fifty-five (55) roads listed on the exhibit.
The league endorses this co-operative approach and encourages all municipalities to approve this
Agreement even if none of the roads listed is in your eorporate limits in order to be afforded
notice.
Should you require additional information, please eontaet the League office or our
attorneys at 561-586-7116 for assistance.
Sineerely,
r'~
Jamie Titcomb
Exeeutive Director
www lea1!ueofcities.org I itltcomb(@,co.palm-beach.f1.us
(561) 355-4484' (Fax) 355-6545
P.O. Box 1989, Gov. Center, West Palm Beach, FL 33402
Office: Governmental Center, 301 North Olive Ave., West Palm Beach, FL 33401
-, ~D
Page 1 of2
01;
Harden, David tw\
From: James Titcomb [JTITCOMB@co.palm-beach.f1.us]
Sent: Friday, April 08, 200510:09 AM
To: ci ndypbs@adelphia.net; ocean ridgetm@adelphia.net; VM utchn ik@adelphia.net;
Ilatimore@aol.com; htate@belleglade-f1.com; chill58@bellsouth.net;
glenridgetownof@bellsouth.net; jhattonlcs@bellsouth.net; jicolony@bellsouth.net;
bocacm@cLboca-raton.f1.us; BressnerK@cLboynton-beach.f1.us; Harden, David;
watallah@ci.greenacres.fl.us; clynn@ci.wellington.f1.us; bthrasher@gulf-stream.org;
dsugerman@highlandbch.com; kschultz@hypoluxo.org; gnelson@juno-beach.f1.us;
andyl@jupiter.f1.us; townmanager@lakeparkflorida.gov; pboyer@lakeworth.net;
mbornstein@lantana.org; gdunham@manalapan.org; FSpence@mangoniaparktown.com;
mo _ thornton@msn.com; townofcloudlake@msn.com; rferris@pbgfl.com; wewilkin@rivierabch.com;
dfarber@royalpalmbeach.com; smithb@southbaycity.com; mcouzzo@tequesta.org;
rpierro@townofhaverhill-f1.gov; pelwell@townofpalmbeach.com; mbates@village-npb.org;
kumberger@villageofpalmsprings.org; em itchel@wpb.org
Cc: wmmoss@adelphia.net; therealmckoy@bellsouth.net; trelajw@bellsouth.net; Carla Valcarcel;
Lenny Berger; susan@computergolf.com
Subject: Re: Road Reduction Interlocal Agreement
Dear Managers (& Elected Officials),
At the request of the League's President, we would like to clarify a few points for you on the earlier released
distribl!tion email entitled: Road Reduction Interlocal Agreement.
Some municipalities have raised questions about parts of this proposed Interlocal, so here are a few things to
consider as you review and move forward.
1. There is no signature page attached to the distributed document. It is up to each individual participating
municipality to attach their own standard signature page as they would on any Interlocal agreement, ordinances
or resolutions going through the readings and adoption process.
2. There is a section within the Interlocal that references a list of parties to the agreement. That list is not
included and cannot be until the parties adopting the Interlocal are known.
3. The League is not recommending blanket adoption to our member cities, without first running this, and any
ordinance or Interlocal agreement we may distribute, through your own legal counselor resources for analysis
and identifying impacts on your own municipality.
4. If you have specific questions that cannot be answered by you own staff or legal sources, you may certainly
contact the League of Cities' staff, League Attorneys, League Transportation Committee or the County attorney's
office for additional clarifications.
The League board will have some follow up discussion on this proposed Road Reduction Interlocal Agreement
at it's next Board of Director's meeting in Hypoluxo on April 13th. League Members will be notified should
additional information emerge from those discussions.
Finally, the League has been working on this issue for over two years and successfully prevented this item from
being placed into general Referendum to be mandated. We believe that a cooperative Interlocal agreement
approach is the way to identify, manage and resolve localized intergovernmental issues.
I would like to thank the League staff, the League and County attorneys, the Issues Forum & IPARC staff and all
those who have worked on moving this towards fruition.
---
Please feel free to contact me should you have any questions or need additional information.
Jamie Titcomb
4/14/2005
INTERLOCAL AGREEMENT
This Interlocal Agreement is made the day of , 200_,
between Palm Beach County, a political subdivision of the State of Florida (hereinafter
"COUNTY"), the Metropolitan Planning Organization ("MPO"), and those municipalities
loeated in Palm Beaeh County that have executed this Agreement (hereinafter referred to singly
as "MUNICIPALITY" or eollectively as "MUNICIPALITIES"), each one constituting a public
agency as defined in Part I of Chapter 163, Florida Statutes.
WITNESSETH
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal
Cooperation Act of 1969" authorizes loeal governments to make the most effieient use of their
powers by enabling them to eo operate with other localities on a basis of mutual advantage and
thereby to provide services and faeilities that will harmonize geographie, economie, population
and other faetors influencing the needs and development oflocal communities; and
WHEREAS, the Charter of Palm Beaeh County authorizes the COUNTY to establish
levels of service on collector and arterial roads that are not the responsibility of any munieipality
and to restrict countywide the issuance of development orders that would allow traffic to exeeed
these levels of service; and
WHEREAS, the COUNTY has adopted in its Comprehensive Plan a Thoroughfare
Right-of-Way Identification Map which includes publie rights of way operated and maintained
by the State, COUNTY and MUNICIPALITIES (hereinafter "Ultimate Right-of-Way Roads");
and
----
1
~."--
WHEREAS, the Metropolitan Planning Organization (MPO) has adopted a Highway
Component Map which includes roads operated and maintained by the State, COUNTY and
MUNICIPALITIES (hereinafter "MPO Plan"); and
WHEREAS, the COUNTY and MUNICIPALITIES desire in this Agreement to
establish uniform, minimum review proeedures and eriteria to be applied before taking aetion
that results in reduction of aetual or planned traffie capacity on any MPO Plan Road or that
results in any reduction of the ultimate right-of-way widths for any Ultimate Right-of-Way Road.
NOW THEREFORE, in eonsideration of the mutual representations, terms, and
eovenants hereinafter set forth, the parties hereby agree as follows:
Section 1. Purpose
The purpose of this Agreement is to establish uniform, minimum review procedures and
criteria to be applied before taking aetion that results in reduetion of actual or planned traffic
eapacity on any MPO Plan Road or that results in any reduetion of the ultimate right-of-way
widths for any Ultimate Right-of-Way Road and to require adequate notice to the affected local
governments of sueh proposed actions.
Section 2. Definitions
"--
The following definitions shall apply to this Agreement:
"Agreement" means this Interlocal Agreement, including any amendments or
supplements hereto, exeeuted and delivered in aeeordance with the terms hereof.
"Ultimate Right-of-Way Roads" are all streets as defined in the Thoroughfare R-O-W
-----.
Identifieation Map, Map TE 14.1 of the Plan as it may be amended.
"MPO Plan" means roads identified in the Metropolitan Planning Organization
Transportation System for Palm Beach County - Highway Component Map, in effect at the time
2
the COUNTY or any MUNICIPALITY provides notiee of its intent to reduee actual or planned
traffic capacity as set forth in this Agreement.
Section 3. Applicabilitv
A. This Agreement shall apply within the unincorporated areas of Palm Beach
County and within the jurisdictional boundaries of eaeh MUNICIPALITY that has exeeuted this
Agreement.
B. The Notice, Analysis, and Review requirements set forth in this Agreement shall
apply when the COUNTY or a MUNICIP AUTY seeks to limit the planned or existing traffic
capacity of one or more MPO Plan Roads by eliminating existing or planned lanes below the
number of lanes included in the Highway Component Map of the MPO Plan, or by reducing the
width of the ultimate right-of-way for any Ultimate Right-of-Way Roads below the width shown
on the Thoroughfare Right-of-Way Identifieation Map (together or individually hereinafter
referred to as "Road Reduction Aetion").
Section 4. Notice Required
The COUNTY or any MUNICIPALITY initiating any Road Reduetion Aetion
(hereinafter "Initiating Local Government") must provide at least 120 days' prior notiee to all
other parties to this Agreement before eonsidering any Road Reduetion Action as described in
---
Section 3.B. above. This notice shall identify road or roads, the precise action being considered
by the governing body, and all seheduled publie hearings at whieh this action will be eonsidered.
Section 5. Analvsis and Review
Along with the notiee required, in Section 4, the Initiating Local Government must submit
the-following information to the Metropolitan Planning Organization (MPO) for review:
3
A. Change to MPO Plan Road
1. The Initiating Local Government shall request that the MPO analyze any
proposed elimination of any existing or planned lanes on an MPO Plan Road. The loeal
government shall submit whatever information is required by the MPO in order to run the
long-range transportation model with the change to the MPO Plan Roads that the local
government desires to make.
2. The MPO agrees to run the model and provide COUNTY and
MUNICIPALITIES with a report detailing whether the proposed change will result in
any additional road failures aeeording to the MPO Plan or whether the proposed change
will further negatively impact any road on the MPO Plan that is already projeeted to fail.
This report shall be transmitted to all the parties within 60 days of submittal of the
request for analysis.
3. If any negative impact is identified by the MPO, the requesting local
government shall identify mitigation measures that will address the negative impaets
-. identified by the MPO. The loeal government shall provide all other parties with a copy
of the MPO's report and the proposed mitigation measures at least thirty (30) days prior
to the consideration of the elimination of any existing or planned lanes on an MPO Plan
Road.
B. Change to Reduce Right-of-Way on Ultimate Right-of-Way Roads
1. The Initiating Local Government for any proposed reduction to the
adopted right-of-way for an Ultimate Right-of-Way road shall prepare a detailed traffic
analysis of the subject road and all surrounding roads that would be affeeted by the
4
~-----
change that takes into account all existing and committed development and all applieable
Future Land Use designations and that addresses the following criteria:
a. Whether improvements are proposed to the Ultimate Right-of-Way
Road under consideration.
b. Whether improvements are proposed to reliever facilities and the
extent that sueh a reliever would impact traffie on the Ultimate Right-
of-Way Road under consideration.
c. The physical eharaeteristies of the property adjacent to the Ultimate
Right-of-Way Road under consideration.
d. The character of the area businesses or neighborhood adjacent to the
Ultimate Right-of-Way Road under eonsideration, and the extent of
impact on sueh, including impact on pedestrian aceessibility and
safety.
e. The projeeted cost of adding additional capacity to the Ultimate Right-
of-Way Road or reliever faeilities and the amount of capaeity that
would be added.
f. The existing and projected volume-to-capaeity of the Ultimate Right-
of-Way Road and the surrounding Major Thoroughfares before and
after the proposed modifieation.
g. Availability and cost of mitigation strategies to offset decrease in
roadway capaeity.
h. Historical significance and the extent of impact on such.
1. Aesthetics and the extent of impact on such.
5
J. Impact on health and safety services such as law enforcement and fIre
reseue response times.
k. Impact on existing and planned hurricane evacuation routes.
2. If the reduction in right-of-way width also results in a reduction oflanes
for an MPO Plan Road, the analysis required by Paragraph A above must also be
performed.
3. The Metropolitan Planning Organization shall evaluate the analysis and
receive and consider eomments provided by the COUNTY and affeeted
MUNICIPALITIES as appropriate, and provide recommendations to the Initiating Loeal
Government and any requesting local government at least sixty days prior to the
consideration of any reduction in right-of-way on any Ultimate Right-of-Way Roads.
Section 6. Effective Date
~ This Agreement shall take effeet upon execution by the COUNTY, MPO, and
participating MUNICIPALITIES, and the fIling of the exeeuted Agreement as required by
Section 11. In addition, the Agreement shall become effeetive and remain in effect only for so
long as the COUNTY, MPO, and MUNICIPALITIES with construction and maintenance
responsibilities for at least thirty six of the fIfty fIve roads listed in Exhibit A hereto remain a
party to this Agreement.
Section 7. Termination
The COUNTY or any MUNICIPALITY can withdraw as a party to this Agreement upon
60 days' written notice to the other parties and the MPO.
6
Section 8. Enforcement Costs
- Any costs or expenses (including reasonable attorney's fees) assoeiated with the
enforcement of the terms and/or eonditions of this Agreement shall be borne by the respective
parties, provided, however, that this clause pertains only to the parties to this Agreement.
Section 9. Notice
All notices required to be given under this Agreement shall be deemed sufficient to each
party when delivered by United States Mail to the following:
COUNTY
Name/Office
Address
City State Zip
METROPOLITAN PLANNING ORGANIZATION
Name/Office
Address
City State Zip
CITY
Name/Office
Address
City State Zip
{list additional cities as needed]
Section 10. Deleeation ofDutv
Nothing contained herein shall be deemed to authorize the delegation of the constitutional
or statutory duties of state, eounty, or city officers.
7
------_.~----
~
Section 11. Filine
A eopy of this Agreement shall be filed with the Clerk of the Cireuit Court in and for
Palm Beaeh County.
Section 12. Liabilitv
The parties to this Agreement and their respective officers and employees shall not be
deemed to assume any liability for the acts, omissions, and negligence of the other party.
Further, nothing herein shall be eonstrued as a waiver of sovereign immunity by either party,
pursuant to Section 768.28, Florida Statutes.
Section 13. Amendments
This Agreement may be amended by written approval of eaeh of the parties hereto.
Section 14. Remedies
This Agreement shall be eonstrued by and governed by the laws of the State of Florida.
Any and all legal aetion necessary to enforee the Agreement will be held in Palm Beach County.
No remedy herein eonferred upon any party is intended to be exclusive of any other remedy, and
each and every sueh remedy shall be cumulative and shall be in addition to every other remedy
given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No
single or partial exereise by any party of any right, power, or remedy hereunder shall preclude
any other or further exercise thereof.
Section 15. Time of the Essence
The parties expressly agree that time is of the essence in this Agreement and the failure
by a party to complete performance within the time specified, or within a reasonable time if no
time is specified herein, shall, at the option ofthe other party without liability, in addition to any
other rights or remedies, relieve the other party of any obligation to aecept such performance.
8
-
---
Section 16. Captions
The captions and seetion designations herein set forth are for convenience only and shall
have no substantive meaning.
Section 17. Severability
In the event that any section, paragraph, sentenee, clause, or provision hereof be held by a
eourt of competent jurisdiction to be invalid, such shall not affeet the remaining portions of this
Agreement and the same shall remain in full force and effect.
Section 18. Counterparts
This Agreement may be exeeuted in counterparts, each of whieh shall be deemed an
original, but all of which together shall constitute one instrument.
Section 19. Entiretv of A2reement
This Agreement represents the entire understanding between the parties, and supersedes
all other negotiations, representations, or agreement, either written or oral, relating to this
Agreement.
[the remainder of this page left intentionally blank]
9
THOROUGHFARE PLAN ROADS THAT ARE NOT
COUNTY OR STATE ROADS
ROAD FROM TO CITY
Tequesta Drive US Highway Country Club Tequesta
Country Club Tequesta Drive Martin County Line Tequesta
Toney Penna Drive Alt AlA Central Blvd Jupiter
Bums Road Military Trail Prosperity Farms Palm Beach
Road Gardens
Holly Drive Military Trail Alt AlA Palm Beh Gardens
Lighthouse Drive Holly Drive US 1 North Palm Beach
Park Avenue Old Dixie US 1 Lake Park
Water Tower Road Old Dixie Hwy Congress Avenue Lake Park
W. 13th Street Australian Avenue US 1 Riviera Beach
Shiloh Drive Village Blvd Military Trail West Palm Beach
Cumberland Drive Military Trail Village Blvd West Palm Beach
Shenandoah Drive Military Trail Village Blvd West Palm Beach
Village Blvd! Okeechobee Blvd 45th Street West Palm Beach
Spencer Drive
36th Street Australian Avenue Flagler Drive West Palm Beach
25th Street Australian Avenue Poinsettia West Palm Beach
Flagler Drive 36th Street Southern Blvd West Palm Beach
Parker A vel 25th Street Forest Hill Blvd West Palm beach
Tamarind Avenue
Olive Avenue Palm Beach Lakes East of West Palm West Palm Beach
Blvd Beach City Limits
NIS County Road Ocean Blvd Indian Road Palm Beaeh
North Lake Way Indian Road Royal Palm Way Palm Beach
Royal Palm Way South County Road Oeean Blvd Palm Beach
Crestwood Blvd Royal Palm Beach Okeeehobee Blvd Royal Palm Beach
Blvd
Royal Palm Beach 40th Street State Road 8 Royal Palm Beach
Blvd
Pine Tree Lane Forest Hill Blvd 17m Avenue Lake Clarke Shores
l7tn A venue North Pine Tree Lane Dixie Highway Lake Worth
Federal Hwy & North Lake Worth US 1 Lake Worth
Olive Avenue City Limits
1 tn A venue South Dixie Highway Lake Osborne Drive Lake Worth
Binks Forest Drive State Road 80 Greenview Shores Wellington
Paddock Drive Big Blue Trace Wellington Traee Wellington
Wellington Trace Greenbriar Blvd Forest Hill Blvd Wellington
Big Blue Traee State Road 80 South Shore Blvd Wellington
----
Greenview Shores South Shore Blvd Binks Forest Drive Wellington
Blvd
Aero Club Drive Greenbrier Blvd Binks Forest Drive Wellington
Greenbriar Blvd Aero Club Drive Greenview Shores Wellington
Blvd
South Shore Blvd Forest Hill Blvd Lake Worth Road Wellington
Lake Worth Road State Road 7 South Shore Blvd Wellington
Gateway Blvd Congress Avenue US 1 Bovnton Beach
Seacrest Blvd Lake Ida Road Gulfstream Blvd Delray Beach
Gulfstream Blvd Seaerest Blvd US 1 Delray Beach
Swinton Avenue 25th Court S.E. 10th Street Delray Beach
Atlantic Avenue Swinton Blvd N.E. 5th Avenue Delray Beaeh
Lake Ida Road Swinton Blvd US 1 Delray Beach
(NE 4th)
George Bush Blvd Swinton Blvd AlA Delrav Beach
SE 10th Ave Homewood Blvd US 1 Delray Beach
Homewood Blvd Linton Blvd Atlantic Avenue Delray Beach
Dixie Highway Linton Blvd SE 10th Street Delray Beach
Boca Raton Blvd Palmetto Park Road Clint Moore Road Boca Raton
Yamato Road JOg Rod Military Trail Boca Raton
Spanish River Blvd Military Trail Federal Highway Boca Raton
Potomac Road JOg Road Military Trail Boca Raton
Perimeter Road Spanish River Blvd Glades Road Boca Raton
NW 4th Avenue Palmetto Road North 20th Street Boca Raton
North 20th Street NW 4th Street Federal Highway Boca Raton
12m Avenue Camino Real Glades Road Boca Raton
(14th St/lOth Ave)
Mizner Blvd Federal Highway Federal Highway Boea Raton
. Glades Area not addressed
. Road in the Aereage/Loxahatchee Groves not addressed
N.\TRAFFIC\CRW\Thoughfare Plan Roads - Not Co or State doc
Revised' OS/20/03
-~
MEMORANDUM
TO: MAYOR AND CI1Y COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # q E - REGULAR MEETING OF APRIL 19. 2005
APPOINTMENT TO THE BOARD OF ADTUSTMENT
-
DATE: APRIL 15, 2005
At the City Commission meeting of April 5, 2005, Mr. Clifton Miller was appointed as a regular
member of the Board of Adjustment creating a vacancy for an alternate member. This would be for
an unexpired term ending August 31, 2005.
To qualify for appointment, a person shall be either a resident of or own property in the city, and! or
own a busmess within the city.
The following individuals have submitted applications for consideration:
John Bennett (also applying for the Neighborhood Advisory Council)
Sara Coen
Pearl Markfield Elrod (also applying for the Neighborhood Advisory Council)
Jayne King (also applying for the Education Board and the Neighborhood
Council)
Bryce Newell (also applying for the Education Board and the Neighborhood
Advisory Council)
George Thacker
A check for code violations and! or municipal liens was conducted. None were found. Voter's
registration verification was completed and all are registered.
Based on the rotation system, the appointment will be made by Commissioner Levinson (Seat #3)
for an alternate member to serve an unexpired term ending August 31, 2005.
Recommend appointment of one (1) alternate member to the Board of Adjustment for an unexpired
term ending August 31,2005.
.
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JOHN C. W. BENNEIT
137 SEABREEZE AVENUE
DELRAYBEACH, FL 33483-7017
;-
COMMUNITY ACTIVITIES:
Beach Property Owners' Association (Trustee 1999-present; Vice
President 2001,2002)
. Progressive Residents of Delray (PROD)(Director 199"9-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-presen,t, retireq 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'J Law & Marine Affairs: University of Washington 1981
J.D.: Georgetown University Law Center (Editorf Law Journal), 1973
B.A. Economics (with High Honors): Swarthmore College, 1970
Continuing:
Leadership Dekay Beach 2002
PROFESSIONAL AFFILIATIONS:
District of Columbia Bar (Inactive)
American Bar Association
- . American Society of International Law
SPECIAL QUALIFICATIONS FOR SPECIFIC BOARDS
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 th(ough 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.
· 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.
- .
DELRAY BEACH .A#-y
f l 0 . lOA
***** S~/o~t:Jb
All-America City
, III I! CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1993
2001
Please rint the followin information:
1. Last Name:CO(::"IJ Name~~ M_1.
::r:
2. Home Address: City State Zip Code
I z-03 ,V(3" <10 Ave. :J> e-1. i3-e.A c.Pz r'- ~3 <./$3
3. Legal Residence: City State Zip Code
~
4. Principal Business Address: City State ZIp Code
5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:
-S~I);)-76-'$o~
6. Are you a registered voter? If so, where are you registered?
~o~_
7. What Board(s) are you interested in serving? Please list in order of preference: ,
7h h/H
$'J€- lCUl I/! e. v i e.GJ /1nd.. eA~ce (JoJ . or .q ~ VjT
8. List all City Boards on which you are currendy serving or have previously served: (please include dates)
\ ~o l0e
9. Educational qualifications:
7)oc70~ .- C Ph . el- f' ~:s -z:> Cl C r1=l < A?A-~ 4r LA-..v -
10. List any related professional certifications and licenses which you hold:
r'/Cn-,'J.A ~.e.. (CAndidAf-e... "S<.JI. '0 _ C~h-ecJ C.ourr H --e.c::V-~ 2 /2eA(
-
w -e.yr ?nI.-n ~._(A-V . '0
;e-/on-cUt ~ Le..".w CI--e.e/C (u,oz....
12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume)
/'fe/In' cu/ ~n:v1 C=:x ,..,'er7ce .6 "n C'vro ~+"? 4-~'C4 <:v.n..J. 0.:$.
Good .
-'Y) e.. ok" ArD/IZ.. . ~ w/&. oC c<.,/th-/rM 0'4 CU?d /~ ~ &~e~'
'V11~ ~.nowkcJ a,c .e €AI €~ ~ '/D i2W. rlu?-nr /T'J S- /~ >I'l:Jes
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.
~~ ~~2~~-
~GNA DA
ElVED
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 responsibMA"{to1ei>till0:4at a current application is on file.
S\CITYCWRK\BOARD\APPUCA nON
CITY CLERK
Sara Coln
1203 NE 9lh 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
~ll 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.
Universit6 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.
tJniversit6 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.
1HE FLORIDA BAR. Cypress Creek, Florida. (6101 - 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 reform projects, alternate dispute resolution, conflict 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. (7190 - 12192).
Legal Consultant. Sillc manufacturing corporation.
Prepared and negotiated licensing agreements. Worked with copyright registration.
Other Professional Experience
YUPI INTERNEf 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 1HE DOMINICAN REPUBLIC. Paris, France. (1188 - 5/90).
Assistant to the General Consul.
Handled commercial receipts and visa documentation. Served as liaison and translator for investors and diplomats.
_0.
--
~ '~~/kr
OflRAY lEArn - 'J-t7J-05
.......
'tdt."d
roir CITY of DELRAY BEACH
BOARD MEMBER APPLICATION
1993
2001
infOlID2tion: -
C2 L r2-o /)
d State Zip Code
"8tyb G/}- 121/-10/1 FL
--
6.
7.
- --
9. Educatiotul qu2lifiC2.oons: HI 6'-11 S?cho<?
. ch you hold:
..
.
- .
-.
Note: This appliation -will rcnWn on file ~~or a period of2 years nom the date it ~s
lUbmitted. I. will "" the appU~t" . urt: u... &Cuu.." oppJiC2tion is 00 6Ic. '
~ ~~
-- Ir1 1/-
If!OO~ 17:11 FAX ~OUZfO(JZ
RESUME FOR PEARL BUNNY MARKFIELD
ELROD
DIRECTOR RESEARCH DEPT:NATIONAL ENQUIRERNEWSP APER
(14 Yrs)
. RE~TOR: COLDWELL BANKER REAL ESTATE (22 YRS)
(multimillion dollar producer)
PRESIDENT: MERRITI PARK HOME OWNER~S ASSOCIATION
_ (4 yes)
BOARD J\.ffil...mER PROGRESSIVE RESIDENTS OF DELRAY (2
YEARS)
MEMBER SWINW REDEVELOPMENT TASKFORCE (FROM
INCEPTION) PRESIDENT BEAUTIFICATION COMMQTEE FOR TIIE
NW/SW REDEVELOPMENT TASK FORCE) _
MEMBER DELRA YLOOP
a..CO-MANAGED TROLLEYS FOR OPENING DAY EVENT
b.WORKED ON CLEAN-UP COM:MIITEE DAY BEFORE OPENING
r OF LOOP-PICKING UP GARBAGE IN SWINW SECTIONS
c. WORKED AT DELRA Y FRESH MARKET WEEK PRIOR TO LOOP
OPENING DISTRlBUTING ANNOUNCEMENTS OF TIIE FOLLOW
lNG WEEKS OPENING CEREMONIES
MEMBER FUND RAISING-COl\.1M[ITEE FOR TIffi MILAGRO
CENlER.
------ ------~--
~.....~ -
/!ducak r-
- 9-~-o:r
DElRAY BUCH
........
u~*~*
'~II..I.-. ~ CITY 0' DELRAY BEACH -ZC;n e /
BOARD ""EMBER APPLICATION
1993
2001
- 7.
.
8. ed: (please include mtes)
- -
9. Educational qualifications:
11. Give your pfCsen~ 01' mas reCent employ
i
Norc: 1bis application wiD remain on file in the aty Oerlc" 0 years from th~ -chte it was
submitted. It will be the applicant', responsibility to cosme ffl& ~<<!Plication is on file.
. . ~11ON
_._1" ". rDII'
OQ,AA,y 8EACH (}ttl)t(m- E~'
-"O'CIO...
1t****
AlI-Aln8ricaCity CITY OF DELRAY BEACH ;LlNS'
' - , 'nJ!
BOARD MEMBER APPLICATION
1993 1/11
2001
Please type or pnnt the follo~ infonnation:
L Last Name: ;tJ ! NamelJ MI..
ewel ;-'jc.e..-
2. Home Address: Citv if St:ate Zip Code
;;.gQ AlE' d-AJ! AUe . {)eJ~a.vr {5ea~h r( '13v"fY
3. Legal Residence: CilV / SL'lte Zip Code
S 6. >-v1 ~
4. Principal Business Address: City State Zip Code
.so w1 ~
5. Home Phone: Business Phone; E-lvlail Address; Cell Phone; Fax;
)tr} J 73- 3ot~ bn€lV e (f1 ~ hoflO1a:!.u.1 &1/)'llf]-3'3f/
6. Are you a registered voter? Yes If 50, where a.re you registeled? tfJ, ~~
U/~
7. \\:'"bat B03rd(s) are you interested in serving? Pl~se list in order of preference: &11 rt/ I
/ h J.-1 '1,. r7}- 4: -1 j Zon JA q ~"4//, AJeiC;4k)()r("sJ /JjV:~:I'I Cc,</iC,'! S, k A/I ~Vl'e.t J
8. ~t ~-?fty ~<:'~~ .on ~~ch yc# arc cune:nt!y serving or'have pr~~ously served: <.J:fleas~ include <,lares)
. -- - - -
,
9. Educational qualifications: C(J!~";t.. ~ .{l&l-/JdM, / t:c, '1& / ({. t!..r ifJ+"/,f f') q:::- dc-tV{ rJ
A.A.
I (J / I I
l(t List any related profcssional certifications and licenses which you hold:
11. Give your presenr, or mOSt recent employer. and position;.6: /- f . ;(.PaffJ.-
G .J re/,
Kea/tel I
12. Describe experiences, skills or kno'\vledge which qualify you to serve on this. board: (please. atta.ch a brief resume)
I htte:by certify that aU the above statements are true, and I agree and understand that any misst.attmenc of material faces
~n~ :::;;r nuse fO,[6;;;;; ~I~~~Y appom~ i;~;~
,IGNA . DATE
, JAN 0 5 2005
Note: This application will remain on file in che City~l~gffice for a period of 2 years from the date it was
submitted. It will be the applicant's :epl~ilffil,r w:e dun a cun:ent application is on file.
S.cITYa..EP.K\IlQAi:D'APtUCA lION
-.-,- I ,-tf-. I r-'.....tf-.- ,- .1'0.- -,- T-T- I T.-..-. y-O I r-k.nT, u-IT....-,llIt..-_ ..it"f I
Bryce NeweR Home (561) 278-3068
2KONE2bd Ave. Cell (561) &43-3311
Delrav Beach. FL 33444 E-mail bnewelt l@hotrnaitcom
PROFILE
Marlceting and sales executive with 6 years of high level outside sales experience, with a proven track
record in developing new business and driving re....enue in leading edge technologies. Strong analytical.
Q"e8tive, and communication skills developed through assigmnents in strategic planning. marketing
communications, product launchc:s, and training. Excellent leadership abilities demoostraled by delivering
rc:sults through highly motivated and imaginative teams.
Professional Expe,;ence
FDN Communications: West Palm 'Beach. FL 4!04-Present
Senior Account Executive
Provide daxa products and services. to business throughout Florida. and ~gia. Primary focus on
international multiple location corpocations relying on high use data transport In the top running
for rookie of the 211<1 half of the year award.
MeLeodUSA; Oal:brook, IL 3!O3~2104
Smior Account Exccut:i:ve
Mid-Market telecommunicatiolls sales position in greater Chicago land area.. My responsibility is
to acquire new Business only. Services consist of. PRJ's. II's, VPN's. Frame Relay and
Wireless.. Typical month includes running approxUnarely IS new appointmenrs, resulting in 4 to
6 orders ranging from $500 to :&3000.
ClearOne Communications; Westmont, n..
Senior Account Man3ier 7/02- 12/02
Videoconferencing Specialist position. brought on fO esf3blish market share in Chicago.
Company provides end-U>-e'nd solutions for video. audio and web conferencing services.
Primary customer focus is Fortune 1000 andHigher Education market.
Tandberg. LLC; Chicago, ll. 8/0H5/02
Re(tiooal M~
Responsible for selling TANDBERG Videoconferencing equipment to Education and Medical
Agencies. Partnered with consultants and system integnro~ to provide the customer with a
complete solution. Current t.enitory consists of Illinois, Indiana and Wisconsin..
InView; Chicago. II..
Busine$$ Development M&nae:er 10197-7/01
Woded with equipment dealers, system. in[egnttors and telewmmunicarion companies to develop
new ac:COUDrs. Increased company revenue by 20"4 by creating a partnersbip program.. Developed
worlcing relationships with system integrators. equipment manufacrores and telecommunication
companies.. Consulted with IT and Telecom Directors on Videoconferencing services.
CSC Office Automation; Rolling Meadows, II.. .
Maior Account Manager 2/96-9/97
'EDUCATION
1991-1993 A.A~ Business Management. College ofOupage, Glen Ellyn, ll.
1993-1995 BS, Business Administration. Loyola University. Chicago, n..
r..... 1 rw-~.. I ~-..-..-~- .- II....... - -.-.T-"- I "'~-~.-_ .......... . rl...-.,.. I' 1- ......,-.. H,..-...-. ....... I
OM IMA-ll~.T1;::~: [;(j'-:A RAT;;N (FRI)FH: lB ~OO", 11:44/5.T.ll:4'i/N;\t:~6001~049 F' .-,
. ,.~..-_. ----.......
. ... .. . . .. ...
.......
..~atr CITY OF DELRA Y BEACH {j tflls /{jr.
" "'~
BOARD MEMBER APPLICATIOH:CEIVED
1993 FEB 1 8 2005
2001 dl/ j---01
)lease _ rIDe the followin RK
Last Name: M-I..S
~ Home Address:
05 -c- Lo
t Legal Residence: {-5 b/13- )
1-. Princip:d Business Address: Cicy State Zip Code
:::Ih1a'jIS./.,l-( L~I t:-"J FL >f<t<d7
'0;1.. , ~ ..f- r< dOl"<- .
). Home Phone: Business Phone: Fax:
;t,1-3~O--&:<g::l- 50 (--<lc'f-~9~ -54>/-CfC, /-&170
~. Are you a registered vorer? cC;
7.
B. ds on v:hich YQll arc currendy saving or :vc p.rcvio~ly tlervcd: (please include dare3)
~ <:::
\
J
9.
a. 1-, '0V" ,
1.-1
10. Lise ~ny rebeed pcofcssional cerrificaoons llnd licenses which you hold:
12. Describe experiences, skills or -
. .
n1:$ uc true. and I agree llnd under.;tmd dut any misstlLeonenr of material faers
foncinlre upon my P~[ of any appointment I may receive.
~-I'6 -CJS-
SI DATE
{-lore This application will remain on file in the City Clerk's Office for a period of 2 years from me date it waS
~ubmittcd. It will be the applicant's responsibility to ensure dl.at a cun:cor appli01.tioQ is on file. .
S\CITYO-IlRJ:lllO~ruC>-l1Ql-I
-
'GM IMA~I~Tlt~ B~~A RAT~N {FR1)FEf; 18 ~OOS 11 :4c;/ST. 11 :4VN(I. D:16001~049 p .-:;,
.1
George Stephen (Steve) Thacker
I 240J-C Lawson Blyd. Delroy Beach, FL 33445
561-350-6281
Career Objective
Posirio", iff Enterprise Resource Plannittg & Management with a progressiw!! organization
offering advancement opponunities based on achievemenl a",d results_
Summary of Qualifications
.. Twenty years of l!Xperi~ce in all aspect.1: of commutucatiolJS and marketingfot' the
telec01TUtlunications industty.
,
. High(v motivatetL re:1/IIrs-oriented profes..rionlll with broad background in ten'itmy
developmetlt. account/project management. with afocus on the Fortune 1000.
. Demonstrated arwlyti.col and organizational effectiveness.
.. Excel/em Interpersonal. commlJTlicatwn and managerial sldIL{.
.. Projkient in wJice/darah'ideo communic.o.tioflS and network design..
;
. Proven markeling expertise with stroll}! apLi.rudefor sale... managemenJ
Work Experience
2001 - Present (mJlt!:istics Internadonal~ Ine. (formerlv Pitnev Bowes Office Svstems)
National Account Manager
Digital Messagittg/DQcument ProccJ':,lng & ERP Managed ServiceJ' Solulions Provider:
CYoress Knowledee ware SolutiolJ,f Partner: OEMs indude MirwlllL ~ ..
PalUlSonk. Toshiba. Sharp. d: Hei<klbefY amo"'g others. Designed d: engineered enterprise-
wide digical ptinring & publishing solutions. color printing and 3COnning. desktop ptlblishi11g.
deslaop faxing. anti w'ifled nrersaging solutions (Lirhu,im: Fax). NaeiQtlaI account sales
management. while mainwining JIM existing aCC<1wll base. Summil Club 1003. aa.~sic
Lem1ership Conference 2004. Ranked 3'" national(v.
lm-2008 Norstan 'Communicatlons. Inc. ','
A.ccount Manager/Communlcatio/lS ConSulusnf
. Technology Sol'/lions and Services Provider; Projed Managed converged VoicdDutolVideo
"€nrerprise Networlo-. u:mUJct Centers and Workforce Managemeru Solutio1!$. via IP.
Telephony. Frame Relay. Am and Unified Me.uaging technology.
. Partners included Lucent. AVT. SoectraU"k Wireless. Cisco Systems. di/rrJm..MCIWorldcom.
I SVMe fl!1d. SprintPCS PlctureTe/ ~ fisi... !iiememi.lwuu-u. Mvect, Comver.1c. PeoDleSoft.
Blue Pwrrkin. Qmong many others. .
. Responsiblefor existing cu...tomer base. while engaging rlew business.
-
!'M 'MA~'~TI~~ B~tA RAT0N {FRI)FH; 113 ~OOI:. 11 :4V:;T.l1 :4Vt.J(l. 6:-:600U048 F' 4
Work Experience (Continued)
1997-1999 UniDial Communications. Ine. (now Lightyear Communications)
Authorized Agent - GST Communications, PresIdent
. Re-marketi'lg Agenffor MCI-WorldCom. SlJrinr. Williams. gIHf 1%J:. offering wide-range. low-
. cost Tele/daca commun/.caIlons services 10 comfJU!fT."ial customer"$.
. Initiated Strategic Partner and Distribution Channel relationships_
+- Murwged inaugural regional sales operatiolL.~.
. PRESIDENTS CLUB
1995 - 1997 LeI Int~cDlIltlonaL Inc. (now Qwest Communications)
~arionalAccountft{anager
. Re~~{),,-~ihle for generating new revenue while maintaining exisring 4 mi/lion dollar base.
+ .Managed Natio"a1 Account Support Team. whid, supported existing aCC<1UnLf.
. Project managed the design. e.ngineerlng. and inscallation of voice. dolO. and video networks.
. Managed "~poMes to RF(b and RFP.~.facilitaJing Executive PresenJmWM to Senior
Executives ofForrune 500 CXJmpanies_
. PRESIDENTS CIRCLE Award - 1996_
Thomas & BettsfNevada Western. Berk-Tek
1994 - 199~ Manufacturers Representative, Oak mu Marketing
. Responsible for marlceting Premise Wiring Systems and Ccmmunicario"-,, Cable to existing
Disrribufor.i while generating new revel/ue with Contracrors and End-users.
Data ProcessID2 Sciences, Corp.
-1989 -1994 Regional Repre~'entatlve
. A.s Daw-communicatiQrt..$ Consultant. responsible for design, procurement. and
implementation of Integrated Wide Area Networlc and Local _-{rea Network !lolution.." and
products.
. }.{anaged national territory of associate brokers. dislribulOrs an.d Ctl.ftomer base whiJ.e
generating new business_
. Repre.50llM over 50 diJferenc mo.nlljQ(;lurers of network systems_ data communications
hardware and m/med :software.
Republic Roller Corp. (formerly Dayco Robber) 'I'
1988 -1989 A.ccount Representative
. Marketed custom rubber roller recovering sen'ices to the p,intillg. paper mill. metaltt-enting.
laminating and relaced industries..
1981 - 1988 Interactive Commllnicatlon Systems. Inc-
Account Representative
J . Re-marketed data communkations hardware and software (termilU1.1 emu/atiot, a,uJ fill!
transfer) for IBM. DEe and UnisyslBurrough..~ Main.frarnes and mosc UNIX Sysrems. Pat1ners
included [!;5;.. Atlachmate, Emerald.. iJ.JJ!!1Jzg.. and BLAST.
-
rOM IMA~I~TI~~ Bi~A RAT~N {FR I) FEB 18 2001) 11: 46/~;T. 11 : 4VrFi. 6:360012049 f' t:;
Work Experience (Continued)
1985 -1987 Automatic D~ta Process1n2.. Inc.
District Manager
. Responsible for Marleering JauI processing service... and software.
. Supen'ised Account EXeCfJtivcs anJ Client Service Represlmtatives
'1
1983 -1985 Pitney Bowes. Dictaphone Corp.
Senior Account Executive
. Responsiblefor Major" .A.ccounJ Marketingfor dictation and digital voice commulIica!ioFl
sysrems.. CHAIRMANS CLUB.
Education
1975 -1981 University of Cincinnati
Bllch~lor of Fine .4ris Degree, BroatlctZSt COlPununU:iltion:.
. Alpha Epsilon Rho Fraternity
-\
Professional memberships
. Tri-State Technology Association, Vendor Commiccee
. Advercising Quh of Cincinnati
+ Rotary Imernll/.ional
..
Community activities
. Boy Scouts of .America. .DlstricL Commucee. Assl. Scoutma....ter
. Knighu of Columbus, F Qurlh lfi:gree !,.
. Catholic Order ofF orestD'S
. CincinTUllIArcs Fescival. In.c., Sing Oncinnatil- Steering Commiaee
+ SPEDSQSA. - Southern Caceway Chorus. Diredor of Marketing. Assl. Musk Director
J
.
-
---~---
MEMORANDUM
TO: MAYOR AND CI1Y COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # C1,--r - REGULAR MEETING OF APRIL 19.2005
APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL
DATE: APRIL is, 2005
Mr. Roy Fraker has verbally resigned from the Neighborhood Advisory Council creating a vacancy
for a regular member to serve an unexpired term ending October 31, 2005, for an At Large
Representative.
On September 9,2003, Ordinance No. 27-03 establishing the Neighborhood Advisory Council for
the purpose of maintaining broad-based community involvement with the residents, creating
neighborhood outreach initiatives, enhancing communication, improving the aesthetics of the
neighborhoods and identifying any potential threats to the stability of the neighborhoods was passed
and adopted.
The Neighborhood Advisory Council consists of fifteen (15) members and two (2) student
members. Twelve (12) members are residents with two (2) residents selected from each of the six
neighborhood zones, and three (3) at large representatives, who may be selected from a community
civic organization or business owner located within a neighborhood zone interested in the
enhancement of its surrounding neighborhoods.
The following individuals have submitted applications for consideration:
(See Exhibit "A" attached)
A check for code violations and/or municipal liens was conducted. None were found. Voter's
registration verification was done and all are registered with the exception of Mr. Todd Harvey.
Based on the rotation system, the appointment will be made by Mayor Perlman (Seat #5) for an At
Large Representative to serve an unexpired term ending October 31, 2005.
Recommend appointment of one (1) At Large Representative to the Neighborhood Advisory
Council for an unexpired term ending October 31, 2005.
NeIghborhood AdvIsory CouncIl
Page 2
EXIllBIT "A"
Neighborhood Advisory Council
Applicant Occupation Subdivision
John Bennett Retired Attorney Ocean Breeze Estate
George Braverman Retired Marketer Rainberry Bay
Frances Chassen N/A Highpoint
Richard Edick Management Consultant Ocean Apple Estates
Pearl Markfield Elrod Realtor Town of Delray
Shirl Fields Jewelry Designer Andover
Alice Finst N/A Chatelaine
Gerry Franciosa Retired Law Enforcement Tropic Isle
Judith Griffith Counselor Lees Crossing
Todd Harvey Teacher Kokomo Key Place
Hansford Higginbotham Management Consultant Lake Forest South
Jayne King Educator Chatelaine
Lynn Klein Accountant/Director Lees Crossing
Stephen Lampel Assistant Controller Hidden Lake
Linda Lawrence Leib Assistant/Manager Del-Aire Golf Club
William Milner Field Representative Chatelaine
Bryce Newell Account Executive N/A
Mel Pollack Director N/A
Samuel Resnick Code Admin/Engineer Pines of Delray
N aney Schneider Flight Attendant Lowery Park Estates
James Smith Controller N/A
Teresa Travatello DDTV Assistant N/A
Patricia Westall Community Relations Seaspray Estates
Minerva Wilson Housing Manager Town of Delray
Harold Van Amem Developer N/A
.
/~-/-t?Q
, i?e-/-: reo! A#;
~
CITY OF;' ~.LRAY .,EACH
BOARD MEMlB.ER APPLICA1'lON S-
".. .. _""~<<.i' j,._" _-
, . ZC)n~
1993
. -2001 - . ae<vJ~'f?~e lS/c
Please !We 01 orint the foU~ inf"Dm)2tion:
'1. Last Name:--B6V,)m-" - :Naine -::T OH-N N.L
C- w_
.2. Home Addi:ess: ' ~Gty /)6~7 &-~ ' "State '~ COd,C
/3'7- S~/t..(.~ ~ H- 73Y"
3. Legal Residence: City . 'State Zip' Code
S~i'
-t. PlincipaJ'Business Address: -<~ State Zip'Code
. >-
,
AI/A (14~-;".d a../t.v-^~ )
--
5. Home Phone: Business Phone: E-Mail'AOCkCss: - &1l-Phonc: Fax::
2 -=l4-gK6o - ~.J; b:-vo..o( dc,lr"j ~aa{.U) '-1/4 -81 60 2?'-l-7LJ1
6. Are you a registcJ;ed voter? - 'Il1so,-wherc:arc.y.ou zqisterqf? '
YES . Z>&-rt?'I-7 lf~
_,. What Boaidts) ate you mtcrelted in serving? P1We"1iSt'ii,O,ider~Of.Pi#CIcncc: - .
-
: -\ - .
N'a..;1J..f:uyIr.Jo)'/ At,{vf1~ Ccu-c.1/) 1386.m of- tIl1JW!;:"4.-f- ~Nw.!~c......A6c-"t4,~ g~d
) 'S. List aU Ciq'fBo.ards on'w!iiChyou are Currentl}. serving or have pmi~,scrVed: (pbleJndUde dates)
%"nf.5 ;Z;<A~t/;d' ~IL ~ (WJ (), l1S-'~ 2P/~ ~hrJ'?J ~.....;itl-C/ OOI~01-
9. Educa~onaJ qualifiCAtions: ~ . ,
~_A. (W/hr"/...hcrn~) S~hn.<FYc... G./~ ~ Zf. 0 ~~Wk. V,,'~~ ~
. ~/c-- I LL. ,.t-1, (/h tv<. rJ; t, 4- LJ dl-J J.. I,^-{"~
to. Linany re1atid-professional:Cerii6eations and licenses:Wtiich youhoJa:
.....u ~. 75,N4,-d ~,,/'_.J_ /, Z?~.......
-
11. Give your'pnscnt, or mosf~~~:cmp1Qyer.,and pc:Wiion': ,
...
U.s. NA-I/Yj S~ --;JV[)G....<- ;hJVb~ c.,..."A>-4JLIC. A/AW"#z- 15',n~ ~j'Q;J
/
12. Daaibe experiences. aki11s oi-boWJcdge whiCh qualify-ymi.o:saVe on dijs boqt: (Pbsc' au,aCIi . bOd resUme)
~/6u:.."~ '"
~
.'
. lhcrebycenify ihaulhhe abOve siatemenu-~-uue; and] ~!ana~~'IIOY ~ o(",-vri~) &as
contained in this application ~Y cause forfciuuc upon my.~ O(aro'<9 ~''''''Ot.J IDlY ~
~~ . ~c.I-()~ () ?..otJ'3
. ..
$I 1URE JMTE
:
Note: This appliCation wiD reriWn on file m the City aeiirs :m~ from the date it.was' ....
.submitted. It wiD be the applicant~, tcspomibility.co CDIUIC .. " 'ationjjs on file.
. ~1IllN
OCT :-1 2003
- - . ..." -. .... .....~
JOHN C. W. BENNETf
137 SEABRFFZF AVENUE
DELRAY BEACH, FL 33483-7017
~
COMMUNITY ACTNITIES:
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
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 tht:ough service on Local
Government Issues Committee of the Greater Delray Beach
Chamber of Commerce
BOARD OF ADJUSTMENT & NUISANCE ABATEMENT BOARD:
· Extensive experience during my Navy career with applying regulations
to specific cases.
\ · 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.
.
9--/6 ~t):J
ORRAY BEACH ~ej;t"e J ;JJcvhlr
........
~..,
CITY OF DELRAY BEACH
'11It BOARD MEMBER APPLICATION 2o/Je /
1993
2001
I?a, '
Name C t301ZG G
2- City D6l..flA BE/c'H S~L ~~
3. Cit}' State Zip Code
<t. PtincipaJ Business Address: City State Zip Code
- -
5. Home Phone: Business Phone: -E-Mail Address: Cell Phone: Fax:
5(P J d. 7 t,-5Bf,.,3 B~AVO J4-tBwel3 TV. 1
6. Are you a registered voter? '\.. I::S If 10, where arc you registered?DEltA BeAcH
7. "'hat Board(s) are you interested in serving? Please list in order of preference:
~o V I
-
8. List all Cit}. Boards on v.'hich )'OU are currently serving or have previously aervcd: (please include dates)
~----
9. Educational qualifications: 135 BbSTt>!.J UN' V,
-
10. List an}' related professional certifications and licenses which you hold:
11. Give your present, or most recent employer, and position: RETJ 12 cD
12. Describe experiences. a1Wls or bowJcdge which qualify you to aerve on this boanf: (please attach . bUef resume)
SeE ATTAc~a
ote: This application will remain on file in the City aerk~ 1i~ ~I!J of 2 years &om the date it was
submined. It will be the applicant's responsibility to ensure t. current application is on file.
SEP 1 6 2003 ~tIDN
~ITV CLERK
Write an e-mail message . Friday. Sqnember 12,2003 9:3S:08 AM . Page I of 1
WebTV Networks
,..
-i.
mal.~ ~"t
Write an e-mail message
From: bravo14@webtv.net.
( )
.................................................................................................
To: Karen Schell
.................................................................................................
Subject: George Braverman Brief Resume
.................................................................................................
BS: Boston U~versity - Major Marketing! Advertising
-
Advertising & PR Manager: City Lumber Corp., Bridgepon, CT nationwide
distributor of building products
BBDO NY: major internationai advertising agency - account executive on
accounts: Pepsi-Cola, Armstrong Floors, American Standard, US Steel,
DuPont Lawn & Garden Products
GBI Group, Fairfield, CT, president, advertising & PR agency. Multiple - ---
accounts: St. Regis Paper Co., Weight Watchers USA, Kraft Foods & more
Section Editor: Home & Gardens, Connecticut Sunday Herald
.
American Home Magazine, NY, director of marketing & promotion
FINALLY: Retired
George Braverman
2588 NW 13th St.
Delray Beach, FL 33445
561 276-5863
-,
I
--- -
9-/8 -t?:J
-
'iii~ CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1993
2001
1. N~e
2- City
3. Legal ReSJdcnce: City
c9/Jfll C-
of. Principal Business Address: City State Zip Code
-
5. E-Mail Address: Cell Phone: Fax:
6. R
7. coJmCiL-
.
8. List aU Cit}" Boards on which you are currently serving or mve previously served: (please include dates)
9. Educational qualifiations: (0 L- Lb""G E
.....,--;;
10. List any related professional cenificatiODS and licenses
lees .1) /)1 PIRE~.s - SEe
tt. Give your present, or most recent employer, and position:
11 Daaibe apaieDca, aJWls or bow1edge which cplify you to Ia'fC DD 1bis board: (pJeuc auacb . bzjef resume)
hill 'l"'JtY <:'1 19 €-
I hereby certify that all the above SUtemcntl lie true, and I IIfCC and andemand that.ny a:UslUltnDent o{m.teri..t faas
..,...;" . In Ibi. C z= - apcm "'l'panolltJY~/~-...
SJG nJRE DATE
Note: This application will remain on file in the City ~~V~ of 2 years from the date it was
submitted. It will be the applicant's raponsibi1ity Ute t. cuamt application ia on file.
, ~1'ION
S E P 1 2 Z003 ~ ,
/IIletd .J/'J1 ~ITV ~, FRK .'
-----
10/01/2003 16:56 5613302646 , PAGE ~~
L11lev 77 ~, k"A-IZ€,/ ~~ /0- /-c7.:J
177, ~la"A':..~~' ?A.~ ~y 3 . 377 <f fi13t!;t.1ul ~f\ +
~ ~~~C5J
mll1lil..ill CITY OF DELRA Y BEACH
~ ~ BOARD MEMBER APPLICATION, n /1
1993 Zo. e. I
2001 / ... I j
O~etVJ If! E5"kIe.:$
I. Name
2. ~ s~CL- F~ Yi3
3. Legal. Residence: Stare Zip Code
4. P,!ncipal Business Add1;'l.:~~: City Srace Zip Code
5. Home Phone: Bu:-inc--:o Phone: E-Mail Address: Cell Phone: Fax:
~ J . ;>7'4 '13 I. 70].- ]..O~ ~1,I- 330.U
6. Ii so, ,,.-hcre are you regiHered?
~\..
7 _ What Boud{&) are you 1I1rert s(cd Ul se.rving? Plc~~ li5( in order of prc::fc:rcncc'
7JV I S f,t-e; ~.
8. List ~U City Boards on wluch ~ ou ilI'e cUttt:utlJ' "en-jng OJ: have. pr~,-io\lslr secq':d- (pl.ca:;,~ include dates)
A
9.
11. Giyc )-our present, or mo~;~ecen( employer, and posicion'
(l~4J8.LV~\lJ{(~ -eGo ID.c~lOGt)c/NC. -~~t'lft\M , r&'l..
12, Desdibe experiences. skill" (,l1" knowledge ",-hich qualify you to sc(Vc 00 this board: (lllcasc acra.ch a brief resume) DI L<<1.
~{atemenl:5 arc lX\,1e, and I agr~~ ;loJ \lndentand that iI(lr mL,scatement of mnecial facu
~ (-"1151:' (orfeicu.re upon my part of any appolOtrocnt I may recef,.'~,
.~ ~.l,l'D~
D.'HE
\ Note: nus application will (('In:~in on file in dle Cny Cle.rk's Office fOJ: a period of 2 rears from th.:; date it was
, submitted. It "Will be rhc :lpplicant's regponsibilitr to l~tlSllre du[ a currenc "pp~carion is 00 file.
R E C E , V ED $,("lTYrLElI.I:\fIQ..,.OO.....lIC"TIOtI
OCT .~ -1 2003
CITY CLERK
PAGE 132
16:56 56133132646 - ~--- --
113/131/213133
Citv of Delrav Beach Ad\Tuol.'V Board Member ADDlicatiob
Richard Edick
12. I have OVer 25 )'ears of management experience as a management consultant, Fortune 500
execUtive, entrepreneur, and private investor. I am a current board member of two
Delray-based not for profits: Aid to Victims of Domestic Abuse (A VDA) and Save
OUf Seacoast (SOS).
A VDA' s mission is to assist and shelter victims of domestic abuse, provide
cowlSeJing, and conduct prevention programs. SOS represents AlA residents and
other barrier island residents in Delray WId other adjacent communities who share its
mission of preservation, beautification. and safety of the beaches, the scenic A 1 A
roadway, and the character, look and feel of the south Florida seacoast.
I have also setved on several not fOf profit boards, including being a Conner Vice
President and President of Cali fomi a's largest chapter of the American Cancer
Society, and Lifepath, Inc., Pennsylvania's largest provider of programs for the
mentally retarded.
!
}
-- . ~ -
. - ". ....-
q-/() -OJ
.. f<€q /~r-
"""'': .~P!
'fiM CITY OF DELRA Y BEACH
BOARD MEMBER APPLICATION
1993-- ZoJJeS-
2001
. wcnmation: J~vJt1 JDo
L Y2-oD M.L
2. Home A~~: ~ 8W Fie57 Z-
3. Legal Resjd~ce: g ff )/J? ?-
4. PzindpaJ Business Address: Ciq SUte Zip Code
SAt/YJ~ - -
-
5. Home Phone: Business Phone: E-Mail Adt:l. Cell Phone:
G 101 711 ?? 7/ 5~1 7td-. 730 L1 ~@J~ l-- ~ ~h.1
6. he you I registered voter? ~S H 10, where are you registered?
7. What ~(s) are you interested in serving? PJease list in order of ~fercnce:
7.--1 h bo Y2-ffoo"b - d VI 'So lZ 11 h e-I .
) 8. List all Cit)" Boards on which you are aurently serving Of have previously served: (please include dates) .
10. List an)" related professional certifications and licenses which you hold:
~ftt-. TO
1 t. Give your present, or most recent employer, and position:
\ 'i-II 17n1<-.cve- u hlG
12- 'be . JkiJls ~which~ dUsboud:~atach~~
~~~J~-s Of", 7--,k;e/77 !rWJtOfJ - } . ~He 1?P7. D
I L; j..II-~ ~rJ ~ uJ 7/t5J<.. {i; 12 c 2- '1 ./2.25 0 t-Th<f-ll{ 73 ZI1ct hi; /op
/6
~ lhat 011lbc ....... .............. -. ...11..... aad ___lhat 0Il)''''''''''''''' olm......l6u:a
. . this ~_ apoa my pan or..y~IL1a}' oua.c.
I . ~ ' . 9.- a - 03
SIGNA11JRE DA1E
Note: 1'his application wm remain on file in me ~r I period of 2 years from the date it was
submitted. It..wl be the applicant's responu 'ty to cmure that a cunmt application is on file.
SEP 1 2 2003 .- ~11ON
-
U"'/ 1..}/ ",UV'l 1.1: 1.1. rhA li!:J vv.:.t uv~
RESUME FOR PEARL BUNNY MARKFIELD
ELROD
DIRECTOR RESEARCH DEPT:NATIONAL ENQUIRER NEWSPAPER
(14 Yrs)
REALTOR: COLDWELL BANKER REAL ESTATE (22 YRS)
(multimillion dollar producer)
PRESIDENT: MERRITI PARK. HOME OWNER'S ASSOCIATION
(4 yrs)
BOARD MEI...mER PROGRESSIVE RESIDENTS OF DELRA Y (2
YEARS)
MEMBER SYW/NW REDEVELOPMENT TASK FORCE (FROM
INCEPTION) PRESIDENT BEAUTIFICATION COMMIITEE FOR THE
\ NW/SW REDEVELOPMENT TASK FORCE)
)
MEMBER DELRA Y LOOP
a.CO-MANAGED TROLLEYS FOR OPENING DAY EVENT
b.WORKED ON CLEAN-UP COMMITTEE DAY BEFORE OPENING
- OF LOOJt>-PICKING UP GARBAGE IN SW fNW SECTIONS
c. WORKED AT DELRA Y FRESH MARKET WEEK PRIOR TO LOOP
OPENING DISTRIBUTING ANNOUNCEMENTS OF 1HE FOLLOW
ING WEEKS OPENING CEREMONIES
MEMBER FUND RAISING COMMITTEE FOR THE MILAGRO
CENTER.
,
J
I
------
9-~305
DElRAY BEACH S~e/r-i.
1) \. /ver
."....4110 effl 0- .
bad
.AI ft II kaCitv CITY OF DELRA Y BEACH
" III!
BOARD MEMBER APPLICATION Ldne 3
1993
2001 ;4nJOil'erP3
Ple2Se type or print the following infonnatlon:
1. Last Name: HELl):5 Name d/I-/.e-L- M.I. ~
2. Homr#ress: e ~ G S~~ Zip Code
~7:5: /?-/#~.<A /~ :25Sr ty .2JE""LRA y 33~~..J
3. 1.egal Residence: Gty State Zip Code
~-+U~ - - -.
4. Principal Business Address: City State Zip Code
- - -
-
5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:
5t./ ~ 33 -I;U, / S/l/~~/k:Jl::.L-::-v- ~"Z/- .:?~~ -t:::/~ SZ/-~ gtf'-/~
- ,AI.GT
6. Are you a registered voter? y E3 If so, where are you registered?
7. What Board(s) are you interested in serving? Please list in order of preference:
kGI ~~I'5~7""d ~O . ~.!)P/~.!J~ ~ ClA/<!:/ L-
8. list all City Boards on which you are currendy serving or have previously served: (Please include dates)
I
9. Educational qualifications: A: A7.7. ~~~- U~A ~>~d-c:...-<.I .....e
/~?-/G7? ~ .I
10. List any related professional certifications and licenses which you hold:
11. Give your present, or most recent employer, and position:
S-r:Tt:..F ~.P~y~ - ~~
>>~~~
12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume)
p~~ ~"OA./"-+--- /972-rr~r , /Z4 u..$.~ 2>~ c.c-..c..n- 4-?~y VS-~ :5
e-,t::! ~tYrry- /A..J ?r"""1 .3"'/>~~ r-~"~Y~'''lT7b~ .-t/~s,o~~
" /'
trt>rnNG.1 79~ ~A-z::H ~t:..-LA:/rv ~/~ ?a~c.P~
I hereby certify that all the above statements are ttue, and I agree and understand that any misstatement of material facts
con~ ~ .ru, 'I>P'jcarion.may came fudd_ upon my part of any appo;onneat I ~""
J",V /~ _L?~ 7';/~ 2> )
"sIGNAroRE """ DATE -/
\
I
Note: nus application will remain on file in the City Clerk's Of~e1%~ from the date it was . .
submitted. It will be the appliOUlfs responsibility to ensure t a curt} -cation is on file.
S\CITY~TION
1/11 ~d 4 SEP ') 3 2003
Hi"
~ITV ~I CDIl' ~ .I; .~-
9 --dIP -(}Q
~~IfAP1 - .(J<, CtI/lJ,'p 1\ - #4
..
'lUr CITY OF DELRAY BEACH
BOARD ''';EMBER APPLICATiON 2o/)..e' / :
1993 Clttt!~/Q/()e.. .'
2001
. inf'o:mati
on:
Name )(.L
A\ \ ~e- -\\.
2. ~~ State Zip Code
13eo..c.~ ::t-\o... . 33 IJ.!J
3. City State Zip Code
~ - -
... City State Zip Code
-
5. Home Phone: Business Phone: E-Mail Address: CeJl Phone: Fax:
~ q '0-,' '-'.0 j..<\'("\s.~@cd+-.Y\ti '-1\5"-" d..07 t,J'\9 -oo"1~
6. Arc you . registered voter? '1es H 10, ..here arc you rqis~ ~ ~
('C1.. ~ \ E./LC
7. What Board(,) art you imauted in serving? PJcuc list ill osder of prd'crcsltt.
. t\) €...t '''''-~~Q>cl J\~~\:se '\'-~ ~",,~\.\;:.,>.
8. List all City Boards on which you are currmdy Ienoing Of have pcmowIy IeIWd: (please include data)
S .5l "cl -
1
9. Educational quali6cmons:
12. Desaibe ~ IkiJk or ~ ftich cpIilJ)'OlI to tcn'C 00 this balm: (PIeuc 8laCb. bdcf 1aUSDC)
:2~
.
J heS'cbJ ccnily that all the above IUII1f~n'I" cmc. ad 1 apce ad 1IDI5cntud that CIJ .'.......mem of ~.1 facta
ccmained ill dUJ appIic:aDos1 may cause (ot(~ upoa my pan of any Ipp- 4J.anmt I may nccM.
Q~ f\ .j..-^~ ~&laJD0
SJGNA'IURE DATE '
> Note: This application wiD mnain on me in tbe City Oakt, Office for. period of 2 ycm from me date it was
, Iubmitted. It will be cbe applicant's rnponsibility 10 ensure that. c:uzrmt application ja Oft me.
CEIVED ~1DI
I RE
/-It7 3J iff - SEP 262003
_I." 1"'1 s::RK
Resume'
Alice Finst
707 Place Tavant
Delray Beach, 33445
Application for Neighborhood Advisory Council
#12 Describe experiences skills or knowledge which qualifY you to serve on this board.
Listed below are some of my civic experiences since moving to Delray Beach in 1971.
Please note that dates are approxi1tU1Je and may extend several years.
Memberships
Homeowners' League of Chatelaine 1970's to present
Chairman Architectural Control Committee, Editor, "The Chatterlines"
Member Board of Directors, City Commission observer for Homeowners League
Progressive Residents of Delray Beach Board of Directors, SPRAB monitor
Delray Beach President Council, Pride in Neighborhood Committee
Mounts Botanical Garden
League of Women Voters of South Palm Beach County since 1975, Delray Beach
Good Government Committee
l Lobbying Activities
Acquisition of land for Barwick Park, (also served on play ground committee).
Land acquisition for Fire Station at Barwick and Lake Ida Roads
Sidewalks on Barwick Road
Fencing at Veterans' Park Playground
Bright Park
Service on City Boards and City Related Committees
Pineapple Grove Pre Main Street 1993-1995 Beautification Committee
Community Appearance Board 1985
Historic Preservation Board 1987
Education Board 1990
NorthWest/SouthWest Neighborhood 2002- SidewalklBeautification Committee
Cultural Loop Walking Committee visited 80 sites .June 2003/ History Committee
School Advisory Committees
A.D. Henderson 1986-1996
S.D. Spady 1978-80, 1999-present
Atlantic High School 1987-present
Other
City Commission Watcher since 1979
)
FA>': 110. : 5612660746 Sep. G9 2003 11: +\HI'l P1
FROI'! : GER-SHt I -
j K A f!-erJ 9-t1945
]-eh\/l~J L~
'fI1~ V-r3 -- 3 ?~
DElItAY BEA.CH E~rcemeYif
. .. . . . . .
I ~~ -
CITY OF DELRAY BEACH r-:-, ~/~
'lilt BOARD M-EMBER APPLICATION JrqJ/C ~
Zo ne
1"3
2001
t. .M.L
2- City Sr..~C ~~e
3. Legal R.esidencc; Ciq SQLU Zip Code
-t. Psincipal Business Addreu: Ci<<y SEale Zip Code
'IJ~~ --
5. Home Phone: Busmeu PhO%lc:
Si 21J ,'of'
6_ Are you a registered voter?
\
7.
t 8.
-
j ----
tf;pr
9. Educaaonal Q\lalifiarioru: 611- r;,e..
10. List any rrlared professional certifiations and licenses which you hold:
11. Give yow pusent. or most recc:nt employer. and position: E>>r
~
(
I 1'his pplication w.ilJ remain ~~. Office for . pcziod of 2 )'Can nom the date it was
O\3rted. It 1Iri11 be the appli _ CDS\UC Wt a cw:n::D:t .application is on 6lc.
.. ~--
SEP 0 9 2003
CITY CLERK
~ .,(e~ ~/2;&S/~
DElRAY BEACH RECEIVED
, .. 0 ell. ...
tw.II!td MAR ? 'i 2005
All-AmericaCity CITY OF DELRAY BEACH
" II I!
BOARD MEMBER APPLlCATIONI. · ~'lERK
:3f!). ~ 01
1993
2001 (I()~<<
information:
rII
2.
/llJ
3.
4. siness Address: City State Zip Code
.En f( E J::>
5. Home Phone: Business Phone: E-Mail Address: Cell Phone:
b3 7 -;;2. 3b;J,
6. Are a registered voter?
7. What Board(s) are you interested in serving? Please list in order of preference:
AoV,So,e El)uc
8. List all City Boards on which you are currendy serving or have reviously served: (please include dates)
) A'lP
9. Educational qualifications: g /l &
s;/ethLt'J6
Ai.seu N G-
10. list any related professional certifications and licens
11. Give your present, or most recent employer, and position:
f ~A177ZAc 7EP S~(ICE.s /9S (~~ () F IA&
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
co . ed in this application ma ca forfeiture upon my part of any appointment I may receive.
~J~ .,)o.tJ.s-
DATE
) te: TIlls application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
S\CITYCLER/(IBOARDIAPPUCATlON
'.
/
BRIEF RESUME
Judy Griffith
4817 South Lee Road
Delray Beach, FL 33445
(561) 637-2362
My husband, Kent and 1, moved to Delray Beach in 1997 af"tef being captivated by "Tue
Villa2e by the Sea" on a visit two years before.
I enrolled in and completed the Master Gardener Program of the Palm Beach County
Extension Service. For the last six years I have provided hundreds of hours of volunteer
service and maintained my certification each year through education credits. Currently, I
volunteer at the Delray Beach Green Marl<et each Saturday.
) I am a member of League of Women Voters. I served on the Board ofDireetors and
served as membership chair for the South Palm Beach County L WV for two years.
I am a member of Progressive Residents ofDelray since September 2004.
I completed the Residents Academy of the City of Delray Beach in April 2004.
I have worked for the Supervisor of Elections in both county and municipal elections in
both inspector and assistant clerk positions for several years.
I am a singer with the Delray Beach Chorale and a member of the Galaxy Quartet, an a
cappella singing group. I have sung with the F AU civic chorus, The Club Singers, and
MusiGals.
rhave stage credits in two productions of "Scrooge" with the Delray Beach Playhouse
and performed with the "Young At Heart" acting group in the community.
Currently, I am chair of Lee's Crossing Architectural Committee, the community in
which we live.
\
THE SCHonl nl~TRICT OF I I J- /J ~45
PALM BEACH COUN~ FLORIDA 1 .-: f _
ESE Department! 7~r
i
Todd Harvey I
.?\QQl..~ VOCATIONALaJUNARYTEArnER l, OF DELRAY BEACH
~ SGI00L-TO-WORK TRANSmON ~
. r5 Q 1950 BenoistFanns Road r,. MEMBER APPLICATION / /
West Palm Beach, FL 33411 r VIl -e..- 7
~"""'::Z (561) 681-0000 Fax (561) 661-0023 ' , f I
Please or rint the follo - information: I J!o k tf ~ t< ~
1. LastName: Jh4e~ Name-;O/)IJ M.LJ
2. Hom<<: Ad~tess: W City ~ Code
'~" 10_'1-1 .
3. Leg-4I.l Residence: City Zip Code
6A-J1tL S4-iJf/3- S4~.
4. Principal Business Address: City Zip Code
/f.so ik/)tfl6t-FAehJ 2d lPt=fsf- pA'htf 1lo~- 33YI I
5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:
~J077Y'ff.1r [5/./ t5'"I-OtJ~tJ - () C/Il!-'l/ZZ. -
6. Are you a registered voter? ~
7. What Boud(s) are you inteces in serving? Please list in order of preference:
(Ju/l C. c .
,8. list all City Boards on busly served: (please include dates)
/JdJ1-€.-
9. Educational qualifications: ~
. . .
10. List any related pJ;ofessional certifications and licenses which you hold:
~
iMdh. Ce/ -hWLahb{}
11. Give your present, or most recent ~mployer, and position:
?A1"'f. ~rulJ '0-1# 5CltdtJ ;J+t</lJ-.
12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume)
all itkRgfj/ed i'n k/Jl'
Ir:)
)
. '. . Note: 10is application will remain on file in the City Clerk's Office for ~ period of 2 years fro~~~", E 0
submitted. It will be the applicant's responsibility to ensure that a current application is <2 ~ '-'
S'CJTYCLalK\BO~
NOV p.' LUUJ
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DB.RAY BEACH ~b\G~C\) ~'b.J~'f CoONDv- ~;:bkn-f
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.AI ~l..uCity
, III t! CITY OF DELRAY BEACH /
BOARD MEMBER APPLICATION Lane
Lah~f'1ed-
1993
2001 ~-I-h
1. Name
2.
3.
4. Principal Business Address: City State Zip Code
~~~~ 2. ~vev..v-e ~~al 'hOd d..... .--.. s~~~1
\'l--
5. Home Phone: Business Phone: E-Mail Address: Cell Phone:
~~- 5l,.r~
6.
7.
8. list all City Boacds on which you ace currently serving or have previously served: (please include dates)
ucati~ qualificari?os:
_ \::::C.QV\:O\M. \ c.. te.
\~eA FL... :L'ASvr~ l\ .
t aU the above statements are true, and I agree and understand that any misst2.tement of material facts
a~plica~on may use forfeiture upon my pact of any appointment I may receive.
-5d)\b/2003
DATE
Note: This application will remain on file in the City Oeck's Office for a period of2 years from the date it was
submitted. It will be the applicant's responsibility to ensuRt!e1!!tVErEF-tion is~~A1U>W'PLlCA1lON
LI7) d7l" SEP ~ 3 2003
------------
t
HANSFORD N. mGGINBOTHAM
920 SUNFLOWER AVENUE DELRAY BEACH, FL 33445
(561) 499-8331
CORPORATE FINANCE & INVESTMENT
MANAGEMENT EXECUTIVE 1990-Present
Independent consultant to private and public companies, advising on matters including
capital structure, debt and equity financing, management dynamics, mergers and
acquisitions, strategic planning and marketing. Record of achievement introducing new
concepts and services to clients, turning money-losers into money-makers and capital
creation approximating $70 million.
Concurrently have held contractual relationships with NASDINYSE member finns for
providing securities brokerage and financial planning services for my individual and
business investment clients. Member firms include Old Dominion Securities, Questar
Capital, Round Hill Securities, Northeast Securities and l.W. Genesis. Client assets
under management have exceeded $36 million.
, )
ACTRADE CAPITAL, INC.
Regional Manager 2000-2001
Responsible for management and sales growth of this public, international company's
Southern Region. I was credited with building the Region's annual sales volume to
over $23 million prior to the Company's decision to consolidate its operations and
close this office.
PIONEER PRODlJCfS 1988-1990
. Marketing Manager
Assumed marketing and P & L responsibility for the 150+ consumer and institutional
.products of this General Mills manufacturer. Credited with the creation and introduc-
tion offive new brands (II sku's) during an aggressive line expansion. My efforts
contributed to two years of record company revenues achieved within profit guidelines.
EXECUNET COMPANIES 1984-1988
Partner/General Manager
Created and developed unique enterprises providing consumer and business services
through these successful companies: Execunet, Home Offiee and Memorybane
Inventory.
I
HANSFORD N. IDGGINBOTIIAM, Page 2
.
DEL MONTEIR.J. REYNOLDS FOODS 1980-1984
Region Manager and Division Manager ultimately responsible for $50 million in
annual sales of a 500+ item product line through direct and food broker sales forces.
Wrote and implemented operating budgets which included personnel, operations,
local advertising and marketing, trade shows and trade promotion. Managed the
regional merger ofRJR Foods with Del Monte.
PROCfER & GAMBLE 1973-1980
Distria Field Representative and Unit Manager in the food products division.
Managed sales of up to $15 million through direct representatives and account
managers. Recognized as my district's Top Unit Manager in 1977 and 1979.
Consistently ranked among the company's top managers in introducing new items
and brands. Developed successful college recruiting programs at South Carolina,
Clemson and FUllIUln Universities.
MERRILL LYNCH, PIERCE, FENNER & SMITH 197()'1973
Account Executive
Sold investment securities including equities, fixed income, options, mutual funds
and commodities. Branch office leader in opening new accounts.
EDUCATION/CERTIFICATION
B.A, Liberal Arts, UNIVERSITY OF TENNESSEE, Knoxville, Tennessee
Series 7, General Securities License
Series 63, Uniform Securities Agent State License
j
h:;( uct:t.k r -
.... 9 -If-o::}
DElRAY BEACH
.,..,..
...
, , II,re CITY OF DELRAY BEACH ~nel
BOARD MEMBER APPLICATION ~f f,. ,
1993 e Qllle
2001
1.
2-
3.
4.
-
\
7.
-
'I 8. ed: (please include dates)
- -
)
9. Educational qualifications:
\
1
,
Note: This application will remain on file in the Gty Oerlt"s 0 years from ~ -date it wu
submitted. It will be the applicant"' responsibility to ensure~. mftPJication j,~11ON
CITY CLERK
v~ (l~sS//i!J
OElRAY BEACH '!2C12
f L 00 . . . ... JCf44> / V.cS' D
tI'.If.Itd
/5
All-AnllericaCity CITY OF DELRAY BEACH C11y' /OOS
, III I!
BOARD MEMBER APPLICATION 11 Cl.!if:/~
1993 ,!1h2jj reeA
2001 .3 "d-~t71
Please e or rint the followin information:
1. Last Name: /{L-&/ ;/ Name 0/"v M. I-;::::r-
2. HomeAddress:M [' L-c t. ;fo~ Ci~[.,ue, dFrtcAl ~ ~jo;~
3. Leg.tl Residence: City State Zip Code
~
4. Principal Business Address: City State Zip Code
-
5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:
IG3835/7 - flJ(O? 'f I ~ a.. tf)cwl. P7 .JtIG3!(/b 3
6. Are you a registered voter? yu If so, where ~y:ou re~tered? r-u, )JA ?.Lff(!/.-JU ~'l
??-un f//e41 tcA
7. What Board(s) are;ll interested in servin~ PI~V7 jrder of prC!?en~
"&/ lI-fJoA' /100 ( 0 q. ~/L
~
8. List all City Boards on which you are currently serving or have previously served: (please include dates) ~,.) S
9. Educational qualifications: ~~ /fa /f/' j7)j) ,4-
'c!Z5t/AT/
to. List any related professional certifications and licenses which you hold:
11. Give your nt, or most recent employer, and position:~ J?1e ~ ~AS
ewnJY.-.1J/R&!...7?Ji{ L- Y-
~/H'I(!IJCh- .goo?u~N ,4oh/ ~ pA- 90#
'34.1 t/ ...r7'E- /00
12. Describe experiences, skills or knowledge which qualify you to serve on this board: lease attach a brief resume)
)U-e-. a
certify that all the above statements are true, and I agree and understand that any misstatement of material facts
's application may cause forfeiture upon my part of any appointment I may receive.
0ft;vW
DATE
Note: TIlls application will remain on fIle in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on fIle.
SlCITYCLERK\IlOARDlAPPUCATlON
I moved to Delray Beaeh in 2000 not sure if this was the community my husband and I
wanted to commit to after living in the Northeast for most of our lives. While the
transition was not easy sinee family still resides up North, we found ourselves welcomed
into a city that is a mierocosm of what we think America should be - a blend of peoples
of all ages, raees, and economic groups. A eity that has pulled itself out of doldrums and
is a relatively safe and embraeing eommunity complemented by the faet that it is sitting
in a beautiful environment. We found that we became more active, looking forward to
enjoying the beaeh and parks and attending the many events held in the city. We take
pride in the faet that we call Delray Beach home.
I am sure many of you have seen ehanges in this eity in the past years, but the challenges
the future holds can be daunting especially in protecting the assets that make Delray
Beach an All-Ameriea city. Just drive down Atlantic Avenue and not only can you see
the changes in the city but you can feel the ehanges. While I have no experience sitting
on advisory boards to a city, I feel compelled to offer what I can, to assisting the city that
we now eall home in some way. I am a well educated woman and spend most of my
professional life advising healthcare organizations how to better their businesses, so I am
confident that some of those skills and experiences ean assist the ehallenges faeing the
residents of the city and those eleeted to manage Delray.
I am attaching a professional resume to assist in your review of my applieation. Thank
you for your consideration.
Lynn Klein
RECEIVED
LYNN J. KLEIN MAR 2 5 2005 myoptima@aol.com
114 E. Lee Road CITY- CLERK Home: (561) 638-3517
Delray Beach, FL 33445 Fax: (561) 638-6223
CAREER SUMMARY
A healthcare, business management consultant with extensive experience in the public and private
sector. Areas of expertise include:
- Mergers and Acquisitions - Corporate Finance - Forensic Accounting
- Business Integration - Financial Analysis and Modeling - Process Improvement
- Due Diligence - Cash Management - Business Development
Ability to improve efficiency through systems enhancement and re-design as well as through selection,
installation and maintenance of operational and financial computer systems. Ability to manage multi-
functional projects. Self-motivator with exceptional interpersonal and communication skills.
SELECTED ACCOMPLISHMENTS -
Financial and Operational Business Consulting
. Created and implemented a comprehensive restructuring of all purchasing and accounts payable
functions and systems for a $250M healthcare client to achieve projected savings in excess of $lM
in first year, reduce processing backlogs from 90 days to 3-5 days, reduce payment backlog from
120 days to 30-45 days, and provide on-line reporting to branch locations.
. Created financial models in EXCEL for cash basis $16M service client to convert cash financial
statements to GAAP financial statements for timely reporting to publicly held parent company.
. Created a customer usage model that analyzed 10 years of data for a $20M service client.
. Provided all operational and financial business integration for 12 practice acquisitions for a $50M
healthcare client including systems conversions.
. Assisted clients in the identification of and evaluation of potential acquisition candidates including
preparation of financial and operational due diligence.
. Assisted two healthcare clients in successful IPO's (in excess of $100M) by providing financial
consulting including audit management, pro forma compilations and prospectus disclosure.
. Created financial projection models for a $250M healthcare client contemplating an IPO.
. Prepared business plans and assisted clients in accessing investment funds. Industries include
pharmaceutical, retail, healthcare and e-commerce (internet web-based business).
. Installed a customer service call center for a healthcare client that included the use of help desk
software to manage staff's ability to assist customers.
. Wrote policies and procedures manuals and practice orientation manuals that covered all company
functions for a $50M healthcare client.
. Created a medical record audit program that used a team of clinical and financial professionals to
review a hospitals billing and medical record compliance to Medicare regulations.
. Wrote business plan and assisted in securing the initial $2.OM investment for an e-commerce
business. Provided operational and financial consulting while acting as CFO during the product
development phase.
Tactical Finance and Accounting
. Prepared financial statements and financial packages for Board of Directors and Senior
Management in a $100M healthcare company. Coordinated all financial information to prepare for
annual audits.
. Performed all controllership functions including monitoring of accounts payable and payroll
processing and approved all cash disbursements and bonus calculations. Reconciled accounts
receivable and monitored reserve provisions. Coordinated and reconciled physical inventories.
Oversaw operations of accounts payable, accounts receivable, purchasing, payroll and general
accounting areas.
Lynn J. Klein Page 2
. Instituted standardized controls in accounting throughout a SSOM region by writing and
implementing policies and procedures to comply with the provisions of the Corporate Audit
Committee. Standardized accounting forms and coding to facilitate month-end closings and
developed account analysis books to provide details of monthly balance sheet activity.
. Consolidated two $2SM regions within 90 days without interruption to financial reporting, cash
disbursement and payroll. Consolidated multi-state banking arrangements into several major
geographic bank hubs increasing cash investments in REPOS, reducing bank fees and establishing
strong bank relationships increasing service to field operations.
. Monitored multi-branch operating expenses and recommended reduction and cost savings measures
to senior management to obtain acceptable branch profit margins. Monitored aged AIR and DSO
changes and provided senior management with monthly reports to assess early warnings of
potential bad debt exposure.
Manal!ement Information Systems
. Selected hardware, customized software by designing input screens and reports, and implemented
an audit trail to convert an outsourced accounting process to and in-house system which resulted in
a departmental savings and more timely and accurately reporting.
. Utilized database management and mining programs to identify and monitor key business drivers
and created daily real-time reporting to operators, which assisted in day-to-day decision-making.
. Upgraded the accounting system to resolve an accounts payable backlog that reduced aging of open
invoices from 75 to 30 days.
. Converted regional office from a single-user system to a Novell network to facilitate accounting
processes, provided more timely information to field management and accommodate business
growth. Implemented an integrated payroll system utilizing ADP products to create labor analysis
reports for field operators, which provided employees with real time compensation and benefit
information.
J Selected to chair the finance team of the MIS Strategic Planning Committee of a publicly traded
.
healthcare company. Established definitions and requirements for a multi-million dollar systems
conversion.
PROFESSIONAL HISTORY
INDEPENDENT HEAL THCARE CONSULTANT, Delray Beach, FL 1994 - Present
NOVACARE ORTHOTICS & PROSTHETICS EAST, INC., King of Prussia, PA 1990 - 1994
Controller
Responsible for aU financial reporting in a $110 M division of this publicly traded healthcare company
with 55 branch locations. Supervised a staff of eleven.
GOLODETZ TRADING CORP., New York, NY 1986 - 1989
financial Reporting Manager
Responsible for all financial reporting and cash management for a $300M privately held international
commodities firm. Reported directly to CFO and partners. Supervised a staff of thirteen.
EARLY EXPERIENCE
"Big 8"audit division and private accounting experience in real estate and brokerage/commodities.
EDUCATION AND PROFESSIONAL ORGANIZATIONS
Penn State University - MBA (1999) - Finance
St. John's University B.S. Accounting (1980)
HFMA Member - Healthcare Financial Management Association, Florida Chapter
Volunteer - Membership Committee, Professional Development Committee
Sep.25. 2003~ 9:55A~ BATH AND l[NNIS No.0279 p. 2 6"
- q ~Jl.t/0 .
'fW h~(p~1
CITY 0' DELRAY BEACH eo,..,M -er
BOARD MEMBER APPLICATION
1993 -un ~ cJ-
2001
Please e or tint UlC folio . infOtmaDon: !/iJc/R11 LaJe
1. LaSt N~ N2rnc3rcPh E N M.L J
:;.L
2. Home Addren: {) 7 Lj 5 aty V[L~'- State ~Cod
JI.. CL{fJ1t. PL ~ lJ ti 5'"
3. L:g2l R.esidence: City State Zip Code
4. Principal Business Address: City State Zip Code
/I ;0 s. CXfAll CDLLlV 1)fL QP . jK~1 fl... 33i.j ~JI
-
S. Hom~ Phone: E.Mail Address: ~ Phone:: Fax:
I
( ~<c ( ') /~-qJq ()t(E5/ffttfl11JltG ).1 M7-loflf'
6, If .0, 'Where ue you registered? J)E
7. 'X'}ut Board(s) are you interested In serving? P1ea~ list in order of prefaeo~
I
CO(Y) fY11 f .( ~
8. seNing or have pRViou51y .crved: (plesse: indudc dates)
---...-
r- ~ ~ ~-
" " J .... .yr'r., _ I .. :.- i--.
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10. list an)' rcbted profc$sional certificatioDs and licenses which you hold:
IJSS I. -Avl CCN7f{~11 F IZ.
Alot 6?>Dic c. (
12. Desaibe apetien<<s, W1ls or kn
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/i E SUfll f , I U(}W1 CO ft)
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I hereby c:emfy that all the above natanet1ts uc ENe. and llglel: ud Wldcntand mat my msncawnc:nl of 1natabl bct!l
conuined in this AppliUtiOO ouy cause forfci~ upon my pUt of any -woimmcnt I may tu:cive.
~ j) ~CI--.nlCO CJ /9 '-r / OJ
SIGNhnJRE DATE
Note: This appliuoon 'Will rcnu.in on file in the City Oak's Office for. period. of 2 years from the date it was
5ubmined.lt will be the applicant', responcibility to a:lSUre that . cuucnt applicarion is on file.
e.an~1JOtt
(~11 )/~ RECEIVED
SfP 1.6 2003
/
Sep .25. 2003 9:56AM BATH AND TENNIS No.0279 - p, 3
STEPHEN J. LAMPEL
2185 NW 141h Street
Dekay Beach, FL 33445
(561) 276-9292
( SUMMARY
Senior Accountant With more than t 5 years experience in corporate
accounting, an facet of forec.asting, budgeting. and financial analysis
EXPERIENCE
4f99...5/00 Senior Accountant .
G09DWJLL lNDUS1RlES OF GREATER -NY, Astoria, NY
Self-motivated individual proficient in all aspxts 'of accolmtil'1g including
tlnancia) analysis, budget~> prepaid expenses, financial statements, monthly
closing andjoumal entries. and maintaining annual audit schedules'in a non
profit organization. Computer literate in Excel and Quickbooks
7/96.4/99 . Senior Accountant
TKR PROPERTY SERVICE. Brookl~ NY
All facets of accounting .~d propertY management for successful running
of over 30 residential and commercial buildings in New York melTopolitan
area, Respqnsibilities include preparing Inanagement reports, shareholder
relationships. anending Board meetings, preparing budgels, lax and
- payroll preparation
9185-6/% Controner/Om~ Manager
MARKETING EQUITrES INTL. New York, NY
. . Responsibilities include fOTcasting, budgeting. job costing. financial report
generation.., accounts receivable and payable and payroll in a computerized
environment.-_Adn;1inistered employee benefit plans including medical and
401K; supervised office staff ..
6/81.9185 ACCoUDfaDt
SIDNEY YOSKOWITZ & CO.. Great Neck. NY
Responsibilities inclu4e write-ups. general ledger work, account analysis,
financial statem~nts.-fedc:ra.l and State ta..'('returIJS? for a yaiicty of clients in
a public accounting firm. . .
JtDUCAl'lON
St JOhll~S University-MBA Accounting-June 1983
Queens College-BA .
DELRAY BEACH /~#/~
."O.'OA
***** (}.:I- c7f!- 'fiR'
All-AmericaCity CITY OF DELRAY BEACH
" III! ~JJ~ :3
BOARD MEMBER APPLICATION
1993 j;tl- (/; re- G/~ (4f6
2001
information:
1.
2. ttk- 8L \I D.
3.
-
4. City State Zip Code
- -
-
5. Home Phone: Business Phone: Cell Phone: Fax:
RECEIVED
DA
DEe
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 respo~lh~ ~l.r6:QKhat a current application is on file.
If) ~ i3Mtd S\CITYCLERK\BOARD\APPUCAll0N
.
- 9-L/-t:JS
r DRRAY lEACH ReId '?efJty~,>-fol,
.,......
~ tI~(~n~C<~ 7J'U..('GtL
i CITY OF DELRAY BEACH N;bl/x?-
'lilt BOARD MEMBER APPLICATION
1993 Zone /
2001
2-
3.
4.
5. Business Phone:
6. Are you a registered voter?
7. \l'hat Board(s) ate you interested'
OU.Vlc; I
t 8. List all City Boards on Vo.hich )'OU ate currently serving or have previ served: (please include dates)
--
--
9. Eduaciozul quali!iacions: :5eeGl
10. List any related professional certifications and licenses which you hold:
See
11. Give your present, or most recent employer. and position:
=
See.
I hereby cmiry that all the above statemenu are uue. and I agree and understand that my misSUVlnerlt oE m.teft~' facts
-~~~Y~___upoDmypanOfonywJ)-
( ~ .';L\~' 3-+-0
51 NAnJRE DA
Note: This application will remain on file in the City Oerk's Office ~<I'J 80 from the date it was
submitted. It will be the applicant's responsibility to ensure that a c:wrent application is on file.
SEP 0 4 Z003 ~11ON
"" .....v I'" I c: s:a K
~
.
( Bill Milner
3400 Place Valencay
Delray Beach, FL 33445
561-637 -8896-
Professional History
2001-Present US Census Bureau- Field Representative
1999-Present Pre-Paid Legal Services, Inc. - Independent Associate
1996-1999 - Mustapha's Wadi Catering Services- Co-Owner
Education
B.A. Interdisciplinary Social Sciences, USF, Tampa, FL
(
'1
---
I can make a meaningful contribution to the Neighborhood Advisory
Board for the following reasons:
. I understand the need for and the mechanics of building consensus
. Ability to work effectively with people from all backgrounds
. Aware of the interests and concerns of our business community
. Conscious of the limitations and the possibilities of public policy
. Empathetic to the challenges to homeowners of modest means
. I know what makes a community attractive to outsiders and
welcoming and comfortable for its residents
.
(
Oa.RA.Y 8EACH JtltJlIo!- E~-
..1.0:..0.
..***it'
AJl.Am8rica CitJ CITY OF DELRAY BEACH ;z1NS'
.. llnl!
BOARD MEMBER APPLICATION
1993 ;/5f1
2001
Please e or tint the foUo infonna.tion:
1. Last Name: AJ ! Name 0, ML
ewel Cc
2. Home Address: ft1 E ;J..,.) I Ciw State Zip Code
~8Q AUe. . {)eJ,tLvr J)eo-4.h r( .33 C( Y
3. Legal Residence: City Srate Zip Code
S 6. >-v1 ~
4. Principal Business Addt:~s: City State. Zip Code
.s a. h/J .('
5. Home Phone: Business Phone; E-Mail Address; Cdl Phone; Fax;
.16( J -;3- 30(8' bn eo.J€ f/J. ~ hofJV1a.: f.u1 &6 ;J8CfJ - 33 (/
6. Are you a registered voter? ej If 50, where are you registered? ~A
7 _ What B03Id(s) are you interested in serving? PleaSe list in order of preference:
/hn '1; "1 L<4j .{)Go<< , / AJej I. ~(}r(CiJj ;<J iV;~rf ~ .~
Zon }A 0 Cc~/1c/ IS;1'€.. ~/f (f!l!t'e..
8. ~~ ~__ ty ~o~<i! ?~ ~~ch Y arc cunent~:y Se1.-v1ng 0 ave pr~v:iously served: le:a~~ includ~ ~a((;S) - -- - . -
9. Educational qualifications:
A.A. It<..
to. List any related professional certifications and licenses which you hold:
11. Give your present, or mOSt recent employer. and position:...6: /_ ;(.. p 0./"
G- .s f re/".;
A::ea / tc f
12. Descnbe experiences. skills or knowledge v..iUch qualify you to serve on this board: (please attach a brief resume)
I htteby c~fy tha.t all the above statements are true. and I agreE and understand that any misst~tcmtnC of matemI faces
COD~ ~;:;;y<=e 6"~";;~~~I~~~Y'PPOin~ /~~
~A . DAn
, JAN 0 5 2005
Note: This application will remain on file in me City fl~&fficc for a period of 2 years from the date it was
submitted.. It u<iIl be the. applicant's ~~l'Mi1fi1tl;r w:e d1.at a cun:ent application is on file.
S'aTYa..5IlK\flOAJa)oAl'lLrc.", nON
Bryce NeweU Home (561) 278-3068
230 NE 2M Ave. Cell (561) &43-3311
Delray Beach. FL 33444 E-mail bnewelll@hotmail.com
PROFILE
Marlc.eting and sales executive with 6 years ofbigh level outside sales experience, with a proven track
record in developing new business &nd driving revenue in leading edge te<:hl1ologies. StrOng analytical,
qeative, and communication siems developed through assignments in 5trategic planning. marketing
communications., product launchc:;s, and training. Excellent leadership abilities demoDs01l1ed by delivering
results through highly motivared and imagjnative teams.
Profl!3Sionlll Expe,iem:e
FDN CommuDieations; West Palm Beach. FL 4/04-Present
Senior Account Executive
PTovide da%a productS and services to business dnoughom: Florida and GCOTgia. Primary focus on
international multiple location corporations relying on high use data trans.port. In the top running
for roolcie of tile 2114 half of the year award.
McLeodUSA:; ~ IL 3/03-2/04
~QI' Account Executive
Mid-Marlcet telecomnwnicatiollS sales position in great<< Chicago land area. My responsibility is
to acquire new Business only. Services consist of: PRl's. n'S, VPN"s,. Frame Relay and
Wireless.. Typical month includes running approximll1ely 15 new appointmentS, resulting in <1 to
6 orders ranging from S506 to :tJOOO.
! QearOoe Communkations; Westmont, n..
Senior Account Manager 1102-12/02
Videoconferencing Specialist position. brought on fO esrablish madcet share in Chicago.
Company provides end-to-end solutions for video. audio and web conferencing services..
Primary customer focus is Fortune 1000 aodHigher Education market.
Ta1ldberg. LLC; Chicago, ll. 8/01.(j/02
Re2iooal Manaeer
Responsi"ble for selling TANDBERG Videoconferencing equipment to Education and Medical
Agencies. Partnered with consultants and system integrators to provide the customer with a
complete solution. Current territOI)' consistS of Illinois, Indiana and Wisconsin.
InView; Chicago. IT...
Busin~ Pevelooment Manaeer 10/97-7/01
Woded with ~ent dealers. system. integrators and telecommunication companies to develop
new accounts. Incn:ased company revenue by 20% by creating a partn~hip program. Developed
worlcing relationships with system integrators. equipment manufaaures lDld telecommunication
companies.. Consulted with IT and Telecom Directors OIl Videoconferencing services.
CSC Office Automation; RoUing Meadows. II.. .
Maior Account M~ 2/96-9/97
IJ)UCATION
1991-1993 kA-, Business Management. College ofDupage, Glen Ellyn,. IL
" 1993-1995 BS, Business Administration, Loyola University~ Chicago, n..
-
PfaLIloA': ~
~
'11Ir CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1993
2001
1. Name }Il M.L
2- It
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3. City
4. City State Zip Code
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5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:
~?.;)..-?b I~ iVIels
6. Are you a registered voter? .e~
riA
8.
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.l
9. Educational qualifications: - - --
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7/.2'/~ 3 RECEIVED
.. SO \ 1 ~ :. "J'v.r -i
--- JUl 30 Z003
0... ~ A...
tS-/JA CITY CLERK
CITY OF DELRAY BEACH ~Je /lJ"..,jEr1:J
BOARD MEMBER APPLICATION 3-cJ9-t?{p
Please . e or tint the followin information:
1. Last Name: . Name v~
~ -S
2. Home Address: City State
t6~ ~c.U l?Tr.& s-f,,04t.:r 1) C!..l Fl.
3. Legal Residence: City State
-:5 ..e ~ ~ L-If ..e. - -
4. Principal Business Address: City State Zip Code
?Q.\M.e.. Sa w-t-L - -
Home Phone: Business Phone; E-Mail Address: Cell Phone: Fax:
r;'l.4l4. ~q~3 -
7.
~\.Te P'~"1 A ..-tJ&eL =Bd..
8. List all City Boaros on which you are currently setving or
1;0 U .
-:S Co~
.
I hereby certify 1hat a1l1he above statements are tnle, and I agree and understand 1hat any misstatement of material filets
contained in this application may cause forfeiture upon my part of ~ appointment I may receive.
;(I4/~ Z~ Zo<J4-
DAm
I
Note: is appJtcation will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
8'ClTYCLl!RK\BOARD\APPLICATtON
(lE- a !It 1/ltZ1e-
Samuel Resnick
2835 SW 13th Street
Delray Beach, FL 33445
Ph# 561.330.8419
Resume of Samuel Resnick
1. Education
a) Graduated from City College of New York in Aug. 1949 with a Bachelor
of Civil Enginering Degree.
b) Completed various courses in Building Code Administration and code
analysis. Theses courses were given by Building Officials and Code
Administrators, International. (BOCA)
2. Licensing
a) Retired professional engineering licenses- Florida, Connecticut, New
York, New Jersey, and Vermont.
b) Retired registered architectural licenses- Florida, Connecticut, New York,
Mass., Vermont, Delaware, Pennsylvania, and the National Council
Architectural Review Board.
c) Certified as Chief Building Official by State of Connecticut in 1979.
3. Organizations
a) Was member of State of Connecticut Codes and Standards Committee
from 1982 to June 1987.
b) Adjunct Assistant Professor in Civil Engineering Technology at Norwalk
State Technical College.
c) Member of the construction panel of The American Arbitration
Association.
d) Member of the Palm Beach County Board of Education oversight
committee on school construction from 1995 to 1996.
4. Experience
a) Oct. 1991 to Mar. 1995- Consultant to the Mayor of Norwalk, Ct.
See attached letter.
b) August 1986 to Oct. 1991- Private practice as Architect-Engineer.
c) March 1978 to August 1986- Director of Code Enforcement and
Chief Building Official.
I d) June 1957 to March 1978- Private practice as Architect-Engineer.
e) From 1939 to 1957- (except for two years in U.S. Navy and three years
in enginering school) worked for various architectural and engineerin~ firms.
~
~
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OFfiCE OF THE MAY:OR ~,
FRAN1(J. ESPOSITO. MAYOR
February 21,,1995
. To Who.. It May conCern:
. .. "
'hi~: l~ttei is-byway 'of introduction to a verY fine architeet.:-engineer froll,
~,N()rwalk~ C()nl1t:tcticut~ SalIlue1. R.esnick~
J;Q ~et1red from the City in 19?6 'fitter 8 ye~ of service as .the Direct.o~. of
. tllf:S-',mpa~nt of COde Ent'orce1ltent,. '. rn' 199~ h~' vas,hir~ back 'to' ~e..C~e
:~~~~~ent office CiS .a,consul.t~;\nt~ ft;ir,,3 -1l2;'Y~.., {9ct~~':ZJi,<-.;t~9:1' t(),';M~~:
:~il'<1:995y}"--, - During 'this' "time,', Saml's -.tluties~ 'in addltitiii? to "ne1:ng~'my-
~consul~antf 'Were as follows:
- . 1. '~alyzed the 'operation of the .pepartia~t ,o'f . Code', EIiforcemeilt. ~nd
, ' ,as~isted the Director -of Cod~,' :En:fo:t'CelnQrit. in . Build;i.:nq 'Code
, interpretat,i-ons '0 ' ,
"
2.. ,Clty 'Coordinator for, the' ue.rican -with Dl'sab~l~l:y Act (AQA)~, .survered "
___all city bUilding's'k includi~ sd1'Ool~, . for' complianc~;r ,with ADA. '~lsof
,p:t'epared the TranSition Plans Sharipq 'methods' and costs to cronply vitti
ADA. ,~
".:
~
~.., M'ayor~s Liaison to' -,:he NorwaJ.k School Buildillq <;o_ittee wherein' all-:
eOlll'lnittee l1leetings were, attended.. - , ' ','.,'
4... City. re'pJ.':'~sentative for the construction of the Concert- Hall. at City.
.' Hall. and repair of water <laiaage 'at ROlilayton Sch901. .' '.
, , -
. -
~ ' 05.. COde ,and cost' analy-sis.of',var16us scbool'alterations' and ad(:}ition wOrk~'
.. - " . ,
t SQ,. ,is l.'icensed In_ '.eonnecticut., llew '.Jerk ~d Fl.orida 'as ~ :req.istered
':' a~~~~, CQ'ld _ in: Cotme~:~Qu:t. ,New: "Yor~,. _ Ne.w Je:rsay ~d J:'.J.OJ".j..d&' :~$: :~_
;~~:r.~~~;i:~n:a!:,,-:s~ngin~~:w: __', 'Jle' _ i-s"._,~h~lQ<~.3A:~:hi9h,.:~>~eg-~,,_ . bY- ...thoSi}'~ ,,~lds;.,.
:>~r~:fe.~si~al f~e~d_.. a~ the ~~ ty,. ,_ _ _ .
....~ ~ (~~ , - , ~.. - ~-
~~'~$a. has. ~@ ari,'-asset:- ,-b)'-Nti~.lk:,,: w~ are sorry:to' SQ& h~, l~veohut:~~ -w$.sl,i'
-:::Jl~:m: lieJ.,l,in his n-ew- hmile state. -ot Florida..' "It ~s, witi.I :prid~ tb-a-t'l '9i-ve,.thi~
~,:<iett:er,' 9t r.faCOlll'm'endation- to 'a m~_ 'of SaiD. J' s: '~ali):jer. - He 1l:!11 be an<~sset t.o
;;:any '~r<janl1ta1:J.on ~ith whom he- beQ~~ aSS9ciai:'~d.. - .' . ,-. .
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DBRAYBEACH e}!JJ~rdm
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*****
AHmericaCity CITY OF DELRAY BEACH 4p,l::Cl':/V12
" II I!
BOARD MEMBER APPLICATIO~ ~ 0 / IIJJ D
'/!'y 'OS
1993 . . Cl.121t:
2001
Please information: ~tv~r:l P-t,!-If B~
1. Last Name: ':;C NJV~ I Dty(., Name N rJ M.I.C
f4. Cv
2. Home Address:tj I City b f0 SfL Zip Code
'5 ~
3. Legal Residence: City State Zip Code
4. Principal Business Address: City State Zip Code
)~W1f~
5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:
5&/ ~6S'-')'Z,)0 jo J'7l.rJ I.J fj 6 f
6. Me you a registered voter? &S If so, where are you registered? ])C1-
7.. What Boanies) are you interested in serving? Please list in order of preference:ptS II
1&/1 ~ _ 00J)
=----
\
T IlM6lUC /J /;:JJ 'VL:r1
flA /I.:v fa? t..flnIfJ. i Live IN ~, W4tv 6 1St: f NIIO?Vi'iJ
AIAh ~ ~J (l)l/ri...- u lIYLt- t t:-/,JI 6F"" D (Lh /
I hereby certi at the above statements are troe, and I agree and understand that any misstatement of material facts
con"f~Pli""tion may arose forfei<me upon my part of any appoinnnent I 0~'
}@-- . ----- ~ j
SiGNA DA
Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
SlCITYC1.J!IlDBOAlWIAPI'LlCATION
fiaoya/7 #LS:e!-
Delray Beach (!t:nN jcr
Ita*d
ANm8dcaiJ CITY OF DELRA Y BEACH ~()~ (;
, III I. BOARD MEMBER APPLICATION
1991'
1flOI
Please type or print the followine: information: 3/3/~ 7'
1. Last Name: Name M.1.
Smith James (Jim) E.
2. Home Address: City State Zip Code
1225 S. Ocean Blvd., #202 Delray Beach FL 33483
3. Legal Address: City State Zip Code
Same as Above
4. Principal Business Address: City State Zip Code
N.A.
5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:
1(561) 330-6798 N.A. iameseiimchar@aol.com N.A. '561) 330-6798
6. Are vou a registered voter? Yes If so, where are vou registered? Delrav Beach, FL
7. What Board(s) are you interested in serving? Please list in order of preference:
Neighborhood Advisory Council
8. List all City Boards on which you are currently serving or have previously served: (please include dates)
Ped/Bike Task Team - 2003 (Chainnan), Elder Ready Task Force - 2002. Please see attachment.
9. Educational qualifications Florida State University - Bachelor of Science
University of Miami - M.BA
10. List any related professional certifications and licenses which you hold:
11. Give your present, or most recent employer, and position:
Retired - Fonnerly VP of Finance I CFO I Controller
Linen Suoennarket I L. Luria & Son I Miami Herald
12. Describe experiences, skills, or knowledge which qualify you to serve on this board: (please attach a brief resume.)
Please see attachment.
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 forteiture upon my part of amy appointment that I may receive.
*ni-/J ~ ~ ,eCEIVED
- March 30, 2005
DATE MAR 3 1 2005
Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it efry --'1 E R K
submitted. It will be the applicanfs responsibility to ensure that a current application is on file. Li ""
Defray Beach
b:a:d ATTACHMENT: SMITH, JAMES E.
'QiP CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
19U
2:801
8. List all City Boards on which you are currently serving or have previously served: (Continued.)
As Chair of the PedlBike Task Team, I provided leadership In preparing a 250 page detailed report,
an Executive Summary Report, and a PowerPoint presentation of recommendations for the City
Commission.
Unlike many other City committees, the Ped/Bike Task Team had no turnover, and encouraged and
received public participation.
12. Describe experiences, skills or knowledge which qualify you to serve on this board: (Continued.)
~Attended the first Delray Beach Residents' Academy.
~Whlle a member of PROD, served on its Board of Directors.
~ Established 'Walk A Child to School Day" in Delray Beach by promoting and coordinating the walk
at Banyan Creek Elementary in 2002, at Pine Grove Elementary in 2003, and obtained a commitment
from the City to sponsor the event in future years.
~Dlscovered an available $100,000 grant and let the City know how to secure it.
~ Convinced the Florida Department of Transportation (FOOT) of the need for adding an additional
traffic light and speed limit sign at Casuarina and A1A in 2001.
~Persuaded FOOT to fill in a sidewalk gap on Atlantic Avenue in front of Bush's Restaurant in 2005.
~Supported the City's effort to pass the Parks & Rec Bond Issue by speaking out publicly and
writing "Letters to the Editor".
~Encouraged the City to acquire the Carver Square "sinking homes" property.
~ Promoted and organized a "Beach Clean-Up" in November 2004.
~Founded SAFE ~afety As fOOT ~nvisions) and campaigned for a complete sidewalk on the west
side of A 1 A from Linton Blvd to Bush Blvd and for bicycle lanes.
~ Persuaded the City Manager to assign the duties of a PedlBike Coordinator to a City staffer and
to nominate the staffer to the Palm Beach MPO PedlBike Committee.
Other volunteer activities and hobbies include:
~Sea turtle monitoring In Highland Beach Zone 5.
~ Special Events for the Norton Museum.
~ Vegetable gardening.
Other skills: Computer spreadsheet and PowerPoint.
~ep 10 U"'t U~:..:j;:ja UI::.Lt<HT ljLH LHHMljt:.t< :;'blc-/tlU:;':;':;' '\\~ p.l
\)~ ~,~
DElRAY BEACH ~ lo RECEIVED
, I ... ill , " ..
tdb:II
All-America city CITY OF DELRAY BEACH SEP 162004
" III!
BOARD MEMBER APPLICATION CITY CLERK
1993
2001
information'
Name MI
e~ -L
Citv ~(iJ.--- State ~ Code
~ FC 3i.f'&..3
City State Zip Code
B-u-c.J-.- Fe 33 ~) y \..{
4 City State ZIp Code
~~~ :}JL 3~4l..{-i
5. Home Phone: Business Phone: Cell Phone: Fax
5lo\ ,5t;-\ . D \..olS" -:10\' Llg'I~O '<{ I, ~\.5->tJ-O{oI'J Slef -"2'1%' oS.SS
6. Are you a regIstered voter?
~
8. USt all CIty Boards on which YOll :Ire currently serving or ha\.'e previously served: (please include dates)
I \ UlJL, O-D ~ bM.. ~<0OJ.....O-\) tl<\eA Bocu--o\ -:;\.1 e\Xt0 .
J
9 Educacional qualification::.: . ~'n\.....~'~~
6a c. fY\ LJ.--.Q...l.....'l\.....ll..-'"1O ,~
10. ust any related profeSSIOnal certificatlons and licenses which you hold:
-
~-~
"j Div.:J:. \l..Q. ~ l:c.uuL
0;--,
0 6 ~ - \)\)/\
@ Prh".loa. s~ lLCl_~ ~'fl\.L\-(.Q... - 2..
I hereby certify that all the above statements arc true, and I agree and under$cand that any misstatement of material facts
contamed in this application mar cause forfeiture upon my part of any appointment I may reccIVc_
~~'- ~ O\\{lQ~
SIGNATURE DATE
Nare This application ,-viII remain on file in (he City CLerk's Office for a period of2 years from tbe date it was
submitted. It will be the applicant's responsibility to ensure tbat a cu.rrent application is on file.
::'"\CITYCLERK 1ll0ARo,^rPLIC.\ 110"
IrYJ 3/7/
- -~---~--
Sep 16 04 09:33a DEL RAY BCH CHAMBER 5612780555 p.2
RECEIVED
- SEP 1 6 2004
."
.~..
255 NE 2',j A venue CITY CLERK
Delray Beach. FL 33444
Phone. (561) 504-0615
Email cravalello@carthlmk.net
OBJECTIVE: A director's position in the careers of media, public relations. and marketing that will use my
acqUIred ~kil\s and experience in L'Ommunication. management, may-ketlng. and orgamzational and
personally developed lOterpersonal skills.
SUMMARY OF QUALlFICATlONS
Expertise in developing and executing marketing strategies.. Effective in generaring new business
contacts, providing product knowledge and client development. At ease with various one on one and
gmup speaking envIronments. Prove track record for successfully achIeving g03ls. Skilled in the u~e of
MS Windows, Access, Excel, ~'hcrosoft Wurd, Photo-shop, Adobe Acrobat, and Microsoft Publisher.
Highl~' developed communication. interpersonal. organizational. teach 109, program management, and
leadership skill~_ Dedicated and self-motivated team playcr_ Demoostrated ability to quickly achieve
organizational mtegratlon and assimilate project requirements.
WORK EXPERIENCE
o 1I04 - present
Downtown Delray Beach Joint Venture, Assistant
Coordinate special events, brochures. and flyers to promote the downtown. Write
and send pres~ releases, work with media and coordmate sponsor participation in
events.. Photograph elrenrs and meeting for publicatIon and archives, Organize
Marketing Program member partiCIpation in events, brochures, and retail
promotions.. Produce monthly community calendar of events. Coordinate annual
Downtown Busmess District Map.. Serve as Chamber staff liaison to the Downtown
Merchant and Business Administration and organize quarterly networking meetings.
Assist Downtown Coordinator with other marketing or economic development
projects.. Attend Joint Venture, Downtown Merchant Business Association and
Downtown Development Authority board meetings.. Create news pieces and evenrs
for website marketing, wide world web. and Greater Delray Beach Chamber of
Commerce Newsletter.
10/02 - 12/04
Advertising Representati ve
Advise and execute advertisement campaigns for business and merchants in
Downtown Delray Beach. Effectively serviced eXIsting clients. as well as assist
new clients with advertismg needs Maintained positive credit status with clients
and company through efficient collections. Accunl.rely proof and design
advertisements and news storys per client needs. Attend trade shows and sponsored
events representmg The Forum Pubhshing Group effectively..
06/00 - 10102
Marketing Director
Actively manage short and long term leads to qualify prospects and advance them
through the sales process. Developing and maintaining relationships with a targeted
base of referral sources. Mainruw 3 working knowledge of local mllrket trends and
competitor offerings and pricing to develop effective sales and marketing action
plans Conducting property and community-based presentations and educational
l
- - - --
DElRAY BEACH II/P/tJ~ ,
, l 0 . . . A
D.e&II J.jLInI Ji fULl.
AIH __City CITY OF DELRAY BEACH tel-( lRlJb
" II I!
BOARD MEMBER APPLICATIONRE IVED
1993 NOV 1 2 2004
2001
Please information: ERK
1. Last Name: ~}J I? :\i M.I_
(
2. Home Address: City Zip Code
~..- ~
3. Legal Residence: City
~~
4. Principal Business Address: City State Zip Code
~"N2-
5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:
If so, where are you registered?
f'L
lease.list in order of reference:
8. list all City Boards on 'ch you are currendy serving or h
,~
V
10. List any related professional certifications and licenses which you hold:
"
~
I hereby certify at all the above tements are true, and I agree and understand t y nu tate
V m .ru, ."ppli::n may ca= fo,fei"", upon my part of any appoionn=t I =y receive
~,~~ \ \}.}t\~ill \ \ \ C~ t) ~
SIGNATURE DATE
Note: TIlls application will remain on me in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
SlCITYCLERKIBOARD\APPUCATION
/11?~!4
,
."
.
PATRICIA T. WESTALL
1102 Seaspray Avenue
Delray Beach, FL 33483
561.243.7959
Patricia _ W estall@hotmaiLcom
---------------------------------------------------------------------------------------------------------
SUMMARY A high energy healthcare professional with over
twenty years of experience in client services, specializing in
clinical consulting, marketing, sales, strategic planning and
administration. Excellent problem solving abilities and
group process skills. Can work with professionals and groups
at any level.
SKILLS
CLIENT SERVICES Managed hospital accounts at executive level
as point of contact, from initial delivery/installation through complete
product/service delivery with consistently high customer satisfaction
ratings.
STRATEGIC PLANNING Directed hospital strategic planning
process. Served as planning consultant to clients for defining goals and
objectives, negotiating vendor contracts and refining market share
strategy.
i
MARKETING Directed marketing activities for clinical outcomes
management firm and was VP of Marketing for large urban hospital.
COMMUNICATION Strong presentation skills refined
through managing a variety of sales presentation models to large and
small groups, including physicians and hospital boards.
SALES Successfully sold multi year contracts for clinical/ financial
outcomes products and services to hospitals and health systems.
i
EXPERIENCE
June 2000- Consultant and Independent Contractor, Atlanta Georgia and Delray
September 2002 Beach, Florida
Hospital and Physician Practice Managed Care Contracting
GE Medical Systems Healthcare Solutions, Atlanta Georgia
March 1998- Regional Director/Senior Manager, Client Services
June 2000 Responsible for account management for clients in multiple states as well
account renewals and additional product and consulting sales.
September 1990- IAMETER, Inc., Atlanta, Georgia
February 1998 Senior Manager
Presented, sold and delivered clinical outcomes products Iservices to
administration and medical staff. Directed marketing activities and
training of new sales, marketing and account management personnel.
Participated in planning sessions as well as development of new consulting
practice areas.
July 1983- GEORGIA BAPTIST MEDICAL CENTER - Atlanta Georgia
April 1990 Vice President, Planning and Marketing
Directed planing and marketing functions for this 500 bed non-university
teaching facility and its affiliated organizations. Coordinated strategic
planning process. Directed development of data support systems. Managed
public, community and guest relations. Coordinated all physician support
activities. Supervised staff in six supporting departments.
June 1982 - EGLESTON CHILDREN'S HOSPITAL AT EMORY UNIVERSITY
July 1983 Atlanta Georgia
Strategic Planning Analyst
\ Coordinated statistical support for facility strategic plan. Served as liaison
between hospital board, administration and long-range planning strategy
consultants.
EDUCATION
1990 M.P.H. - Health Administration
Emory University - Atlanta Georgia
1979 B.B.A. - Health Administration
Georgia State University - Atlanta Georgia
SELECTED PROFESSIONALNOLUNTEER ACTMTIES
. Society (or Healthcare Strategy and Market Development of AHA
. Georgia Society (or Healthcare Planning and Marketing, Past President
. Women Healthcare Executives, Founding Member
. Georgia Nurses Foundation, Inc. Board Member 1994-1996
. GSHPM, Annual Meeting, 1993, Faculty
. NAHDO, Southeastern Regional Meeting, 1994, Measurin!! Provider
Performance. Presenter
. Quality Review Coordinators ofSW Ohio, 1994, Makin!! Sense of Data.
Presenter
,
,
-
. South Carolina Health Information Management Association Annual
meeting, 1995, Presenter
. International Communications for Management, Direct Contractin2'96.
The Future of Mana2ed Care. 1996, Presenter
. International Quality and Productivity Center, Best Practices in Direct
Contractin2.1996, Workshop leader
. Community Service Award, Women Healthcare Executives, 2000
. Cedar Hill Enrichment Center, Board Member, 1999-2002
. Metro State Prison for Women, Atlanta, Volunteer, 1997-2002
. Palm Beach Literacy Coalition, Reading Tutor, 2003 - present
. Delray Beach Residents Academy, Graduate, May 2004
. Beach Property Owners Association, Design Guidelines Task Force. 2003 -2004
\
I
1102 Seaspray Avenue
Delray Beach, FL 33483
November 9, 2004
Venice Cobb
Executive AssistantfBoard Liaison
City of Delray Beach
100N.W. 1st Avenue
Delray Beach, FL 33444
Dear Venice:
As you suggested in your e-mail of November 5th I have completed a new Board member
application and highlighted those areas where I think I would qualify for the
Neighborhood Advisory Council. Please note that I have yellow highlighted the sections
of my CV that focus on community involvement and leadership. While I would certainly
be willing to serve on the Construction Appeals council I think it is pretty clear that my
strengths and experienee are much more in line with Neighborhood Advisory.
Thank you for your input. Should I plan to be at the meeting when this is presented?
Cordially, ~
~~~\1J
'\ .
Patsy Westall
i
tJ--2t(05
DEUtAY BEACH (hu5;l)j /J;g /'
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..
" II I! CITY OF DELRA Y BEACH
BOARD MEMBER APPLICATION D
20he
1993
2001 /dWI\ bf-heJ.
information:
M.LL.
2. Zip Code
3.
~~t-- K.,
4- State
Auf...NU~ R. 33
Home Phone: Buii:fb~ne: E-Mail Address: Cell Phone: Fax:
-Xs --OPal.
7.
8. list all City Boards on which you are currendy serving or have previously served: (please include dates)
9. ~E.M'-i QADuA/0
10. list any related professional certifications and licenses which you hold:
Xu::>t-J ~
11. Give your present, or most recent employer, an1fssition: .5D.~)
t. ~~
lJoos~tSG Pto6eAN ~f)G'~
12 Describe e!{>eriences, skills r knowledge which qwlify you to serve on this board: (please attach a brief resume)
I hereby certify that aU the above statements are true, and I agree and undetstand that any misstatement of material &ets
c . ed in this applicati n ma cause forfeiture upon my part of any appointment I may receive.
. < ~ CY(~/D3
DATE
,
I
f
Note: nus application will remain on file in the City Clerk's Office for a period of 2 years from the date it was ~
submitted. It will be the applicant's responsibility to etpfEeefVeDplication is on file. '
S'CltYClEIlJOIlOARDIAPPUCATJON
SEP t 4 2003
- - - - __.,
MINERVAL. WILSON
205 N.W. 8th Avenue
Delray Beach, Florida 33444
561-276-5941
EDUCATION
American Homeowner Education & Counseling Institute, Washington, D.C. January 2001
Received National Certification for Homeowner Educator & Counselor (CREe) --,-
Durham Nixon-Clay Business College, Austin, Texas June 1988-June 1989
Graduated from Legal Assistant Program in June 1989
Blinn Jr. College., Bryan, Texas, Summer 79 and Fall 87
Completed coursework in Psychology and Real Estate
PROFESSIONAL EXPERIENCE
. CENTER FOR TECHNOLOGY, ENTERPRISE & DEVELOPMENT, 95-Present
Housin2 Pro2l'am Mana2er
. manage day-to-day operations of the Affordable Housing Program
. oversee and manage Americorp volunteer
. actively promote the goals and image of the program within the community by making the
public aware of the progrnms and develop participation in the form of clients, sponsors and
partners
. identify and enroll qualified first-time low-income homebuyers throughout the service area
. assist potential homebuyers in resolving credit issues; calculating mortgage capacity;
identifying subsidy sources; selecting a lot house design and builder; preparing a
construction package; making application for construction and permanent financing; and
acting as the homebuyer's representative throughout the completion of construction
. work closely with lenders and government agencies to ensure that all loan and subsidy
requirements are satisfied
. continue, evaluate and monitor existing programs for the Housing Department and, with
approval, create and execute new ideas to improve the program
. seek out new opporbmities, negotiate and enter into projects, in conjunction with the
Executive Director, beneficial to the Program
. support t:Iaining through homebuyer education workshops for homebuyers '-'- ^
. work closely with lenders and government agencies to ensure that all loan and subsidy
requirements are satisfied
. responsible for preparntion and submission of Housing Department budget to be included in
Center's amwal budget
. responsible for preparing project budgets for use in evaluating potential projects and for use
in actual construction of approved projects
. responsible for seeking out and applying for grant and sponsorship opportunities
Business Incubator Administrator
. provided direct support to the Executive Director, staff: volunteers & clients
. interviewed potential clients for Business Incubator
. responsible for client contracts and agreements, invoices and payment schedules
. responsible for client progress reports, monthly reports, and qu3rterly reports
_~_.........____________..._ ...-_.}>_ __-.....~______._... ____~__-'___ ------..0--------------- _..-<_
____..._ ___ H .
Minerva WIlson - page 2
. drafted, typed, and proofed letters, memos, contracts and various other documents
. workshop coordinator
. maintained, coordinated and expanded the efforts of partner institutions involved in the
program in conjunction with the Executive Director
. continued, evaluated and monitored existing programs
. supervised workshop schedules, arranged for advertising, registration, speakers, materials,
setting schedule and location
Administrative Assistant
. Office Managerl Administrator
. supervised the operations of the Incubator facility including the maintenance of the office and
responding to the business owners' needs
. provided direct support to Executive Director and Incubator Coordinator
. recorded and typed minutes of Regular Board meetings
. answered phone and provided secretarial support to SO plus clients
. OFFICE OF THE ATTORNEY GENERAL, 6/89-6/95
Natnral Resources Division
Le2a1 Secretarv II
. maintained complete and accurate control of attorney 'client files
. drafted, typed, and proofed letters, memos, contracts, and various legal documents
. filed pleadings with court clerk
. prepared and assembled exhibits, notebooks, and documents for court
. . coordinated travel arrangements for attorneys; prepared reimbursement vouchers
. opened and distributed mail to attorneys
. prepared automated docket sheets .
, . utilized case management system by opening and closing cases
. entered timesheets for attorneys, investigators, and law clerks
. monitored post-judgment collections
. assisted legal billing coordinator ..
. retrieved and entered date on computer
. occasionally served as back-up receptionist
Antitrust Division
Administrative Technician II (Case Manae:ement and Lee:aI Billine: Coordinator)
. litigation support for pre-trial discovery
. drafted, typed and proofed letters, memos, contracts and various legal documents
. entered data relating to cases processed, time and cost incurred, and payments received
. made travel arrangements and processed reimbursement vouchers
. legal billing coordinator
. maintained a centralized record keeping system for opening and closing cases
. operated computer for retrieval and data. entry
. entered timesheets for attorneys, investigators, and law clerks
. served as central records liaison
. maintained law library
. microfilmed documents
. distributed mail and ordered supplies
j . Safety Officer
. serv~ as back-up receptionist
_________~....~ ~~ __ _ _.....~ ,__.. _.-.- _ _ __ --._~__~.___ ___._ __ _ _ < __~,__J_ _.........._ __ _~_...______ --- --
------- --
Minerva Wilson - page 3
. TEXAS COSEMOTOWGY COMMISSION, 5/89-6/89
Data Entrv Clerk
. entered data from cosmetology license applications
. implemented quality control procedures
. produced and, generated cosmetology licenses
. WESTERN TEMPORARY SERVICE, 7/88-5/89
Secretary
. prepared correspondence, memos, pleatiing~, and other legal documents
. implemented quality control procedures
. maintaiued files
. answered multi-line telephone system
. FIRST CITY NATIONAL BANK, Bryan, Texas, 10/84-6/88
Accounts Specialist
. assisted customers with their account balances, deposits, and problems
. prepared financial statements
. maintained articles of incorporation
. microfilmed documents
. GENERAL TELEPHONE COMPANY, Bryan, Texas, 1/76-8/84
_ AccouDts Services Reoresentative
. solicited commercial accounts
. set up new accounts for residence and business customers
. assisted customers with billing inquiries
. assisted in the collection of delinquent accounts
. assisted with the development of the telephone directory
PROFESSIONAL ASSOCIATIONS
Member of Executive Committee Carver Estates Youth Program, Inc.
Member of Advisory Committee Commuirity Justice Planning Center
Delray Beach Residents Academy
!
~__ __ _0-- __........_~_______ __~_.___.... __ ___ _ .___ ~_R~_____n I _ _ ~........__~___... --
----- -,
DB..RA Y B-EACH ~~/
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M-MlericaCity I" ~_ ~.r _~
, 'II J! CITY OF DELRAY BEACH L'zfs_ : J/ _.J:'.-I.
//-?,,-'-I_~_. ~-'" J
BOARD MEMBER APPLICATION ff//t/opt'/
1993
2001 1/-1-177
Plose infOI:Irultion:
1. Las Nam.e LtJ Uz-
tU~ J4
2. Horne ~d~ess: N a~.J J'd L v.f) C~e/I!Jz ~// SJ!/ Zip Cody
d3 Y r:
3. Legal Residence: City State Zip Code
~
4. Principal Business Addcess. City State Zip Code
/;1 .5'6 /sL-a~ ~ W 3'3Y~
5. Home Phone: Business Phone: E-M:Ul Address: CeU Phone. Fax:
d7.2 0550 .!l 7;l ,J). q / .:L
6. Axe you a registered voter? If so, where are you registered?
7. ~t Bo:a.cd(s) are you intecested' saving? Please list in order of preference: I C
~~ ....
~~
8. List all City Boards on wluch you are cunendy se - g or have previously secved: (P ease include daces)
-
~ ~
lO. Ust any related JlrofessioruU_cutificarions and licenses which you hold: /0 ~ /L~..<~ %
E ~-/
11. Give yaw: present, or most .recent enJ.ployerJ and position: ~ ..
~
~ ~~ &D<"A
12. DesCIihe experiences, skills or kno~"'edge whicb qualify you to serve on thJs boud- lease attach a brief resume
. -~ - . X ~.:z:.~~,.....~ .
/5L:-~ ~~~ ~ S€ U-S4 ~4b./ )":
uLbt I~t:d.dn? . -~ ~~d
I hereby certify that all fhe above statements are trtIe, Uld I agree and understand dut any misstatement of mate.rial facts
contained in tillS a~se forfeiture upon my part of any appointment I may receive.
~ '~y- <//S~6
SIGNA TIJRE DATE '
RECE'VED
Note: This applicauon willremam on file in the Crty Cleek's Office for a period of 2 years from the date it was
submitted. It will be the :Lpplicaat's responsibility to ensure that a current application is cARRe..Q! 2005
SIOTYa..I!J<X:\3 J-ItDVJ"I'UCA"110N
cr~ , ,-,,:....ERK
\ !. f
L'd eSH:m c;o /0 Jdv
MEMORANDUM
TO: MAYOR AND CIlY COMMISSIONERS
FROM: CITY MANAGER M
SUBJECT: AGENDA ITEM # q<:::, - REGULAR MEETING OF APRIL 19.2005
APPOINTMENTS TO THE EDUCATION BOARD
DATE: APRIL 15, 2005
Mr. Jack Licht and Mr. Troy Wheat have submitted their resignations from the Education Board
creating a vacancy for two (2) regular members with unexpired terms ending July 31, 2005 and
July 31, 2006.
Members of the Education Board must be a resident of the City, own property, own or operate a
business within the City or have a child attending Delray Beach public schools. It is the intent,
whenever possible, that the membership include persons with a background in business, real
estate and/or education.
The following individuals have submitted applications for consideration:
Bradley Bradford
Angela DeDomenico
Joseph Finley
Gerry F ranciosa (also applying for the Neighborhood Advisory Council)
Judith Griffith (also applying for the Neighborhood Advisory Council)
Jayne King (also applying for the Neighborhood Advisory Council
and the Board of Adjustment)
Bryce Newell (also applying for the Neighborhood Advisory Council
and Board of Adjustment)
Paul Seal
Harold Van Amem (also applying for the Neighborhood Advisory Council)
A check for code violations and/or municipal liens was conducted. None were found. Voter's
registration verification was completed and all are registered.
Based on the rotation system, the appointments will be made by Commissioner Levinson (Seat
#3) and Commissioner McCarthy (Seat #4) for two (2) regular members to serve unexpired
terms endingJuly 31, 2005 and July 31,2006.
Recommend appointment of two (2) regular members to the Education Board for unexpired
terms endingJuly 31, 2005 and July 31, 2006.
Page 1 of 1
Cobb, Venice
From: Nubin, Chevelle
Sent: Wednesday, March 23, 20057:51 AM
To: Cobb, Venice
Cc: Meeks, Janet
Subject: FW: Resignation
See Jack Licht's email message below.
Clieve{{e CD. :Nu6in
City C{er~
100 w.w. lstjf:venue
CDe{ray (}3eacli, pforida 33444
(561) 243-7051
-----Original Message-----
From: Jack [mailto:rojack@adelphia.net]
Sent: Tuesday, March 22, 2005 7:00 PM
To: Nubin, Chevelle
Subject: Resignation
Unfortunately, due to a change in my work schedule, I must resign from the Education Board, effective
immediately. I believe that I have contributed to the board and to the community. Thank you for the opportunity
to serve the Commission.
Jack Licht
4/7/2005
DURAY BEACH RECEIVED
."O..OA
b.8:d
..........CIIy CITY OF DELRA Y BEACH FEB 2 ~ 2005
"IIJ!
BOARD MEMBER APPLlCATIOtCIT~ERK .
J-4 fWJJ:Jokr
1993
2001
Please e or tint the followin information: g-dd-CP]
1. ~Name: od N&d~ M.I'r
-r~J
2. Home Addr~fl..- k FFN Ct;er V gc..~J- State Zip Code
(;f) S EZ.. p-C 3'3'(gJ
~ 5~~ideng~ ~ tFN Cigr 6e~L State Zip Code
l1(V PC ;Jl(83
4. Principal Business Address: e- State Zip Code
2f5 S:E 5'f< Ave l(V&i PL 3 J c{85
S. Home Phone: Business Phone: E-Mail Address: Fax:
~71-'1 3('( 21'l-;?'1? ( 272 liiF5
6. Are you a registered voter? Ye5 (J -e~c(
7. What Board(s) are you interested in serving? Please list in order of preference:
5. CAe Cl. -i\... 0 ,.u
8. List all City Boards on which you are currendy serving or have previously served: (please include dates)
) -
-
5'
, skills or knowledge which qualify y~to serve on this board: lease attach a brief resume)
L(;t..~ c.>e c-v
V\.l(d' .
0\......
=t~7/71<) 5'
DATE I
,
Note: nus application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
S\Cl'IYCI..ERK\BOAlW\APPLlCATlON
1/J7d/a-~-
I
, Bradley J. Bradford, M.D., F .A.A.P. I
CURRICULUM VITAE
Name: Bradley John Bradford, M.D., F.A.A.P.
Address:
285 SE 5th Ave.
Delray Beach, FL 33483
Phone: 561-414-7098 (cell)
561-272-8991 (office)
E Mail: marmed l@bellsouth.net
Present Positions:
, 2001-Present Pediatrician! Palm Beach County Health Department
2001- Present Medical Expert! Office of Hearing and Appeal! Social Secunty
Administration! Miami Florida and Pittsburgh, Pennsylvania
2004- Pediatrician, Pediatrics by the Sea, Delray Beach, Florida
Past Positions:
, 1987-2004 President, Uptown Pediatric Associates
,
, 1986-2004 Chairman, Department ofPediatries, The Mercy Hospital of Pittsburgh
Director, Pediatric Resideney Program, Mercy Children's Medieal Cen, er,
Mercy Hospital of Pittsburgh
1988-2004 University Physician (Duquesne University and Carnegie Mellon
University in Pittsburgh, P A)
1984-1986 Director, Ambulatory Pediatrics! Mercy Hospital of Pittsburgh
1978-1981 Clinical Assistant Professor of Pediatrics and Community
Medicine at University of Pittsburgh School of Medicine and
Director/Matemal and Child Health! Allegheny County
Health Department (pittsburgh, P A)
1977-1978 Attending Pediatrician! Children's Hospital of Philadelphia
1975-1977 PediatricianlNational Health Service Corps/North Philadelphia
(Active Duty Military)
Hospital Medical Staff Appointments
1979-2004 Children's Hospital of Pittsburgh
Mercy Hospital of Pittsburgh
Magee Women's Hospital
2004- present Bethesda Memorial Hospital (Boynton Beach, Florida)
Bradley J. Bradford, M.D., F.A.A.P. 2
Prior Professional Society Roles
1996-2000 President, Pennsylvania Chapter, American Academy of Pediatrics
1996-2004 Chair, Mid-Atlantic Region, Association of Pediatric Program Directors
1998-2004 Member, AAP Grand Rounds, Editorial Board I
1999-2004 Quality Improvement Committee, Highmark Blue CrossIBlue Shield,
Pittsburgh
1999-2000 Member, Work Group on Medication Compliance, American Academy of
Pediatrics l
1999-2004 Member, Specialist Advisory Committee, 1bree Rivers Health Plans, .,
Monroeville, P A
1999-2004 Asthma Pathway Committee, Gateway Health Plan, Pittsburgh, P A
2000-2004 Past President, Pennsylvania Chapter, American Academy of Pediatrics
2001-2004 Member, InterPBIP Advisory Council, Highmark Blue CrossIBlue Shie d,
Pittsburgh, P A
Past Hospital Committee Appointments
1984-2004 Chief, Division of General Pediatrics, Department of Pediatrics, e
Mercy Hospital of Pittsburgh
\ 1986-2004 Member, Medical Executive Committee, The Mercy Hospital of
I Pittsburgh
1992-2004 Chairman, Graduate Education Committee, The Mercy Hospital of
Pittsburgh
1997:'1999 Chairman, Integrated Group Practice Steering Committee
1997-2004 Chairman, Physician Hospital Organization, The Mercy Hospital of
Pittsburgh
1997-2004 Member, Board of Trustees, The Pittsburgh Mercy Health System
1999-2004 Member, Editorial Board, Mercy Physician, The Mercy Hospital of
Pittsburgh
1999-2004 Chairman, Mercy Primary Care Inc. Management Board, The Mercy
Hospital of Pittsburgh
2001-2004 Member, Finance Committee, The Mercy Hospital of Pittsburgh
Education
6/65- 6/68 B.S. (magna cum laude), Fordham University, New Yode, New York
9/68-6-72 M.D., University of Maryland School of Medicine, Baltimore, MD
7/72- 6/75 Internship and Residency, Department of Pediatrics, Georgeto
University Medical Center, Washington, D.C.
) Honors and Awards
- ---~--
Bradley J. Bradford, M.D., F.A.A.P. 3
1985 Sister Ellen Lawlor A ward for Spirituality and Visionary Leadership
1989 Citation, Pennsylvania Chapter, American Aeademy of Pediatrics
1994 Hippocratic Science A ward, The Mercy Hospital of Pittsburgh
1995 Honored, Committee on School Health, American Academy of Pediatrics
1998 Board, Association of Pediatric Program Directors I
1998 Recognition, Section of School Health, American Academy of Pediatric
Specialty Board Certification
1978 American Board of Pediatrics
1978 Fellow, American Academy of Pediatrics
Licensure
1972 Maryland
1975 Pennsylvania
2000 Florida
Academic and Hospital Appointments
2003-Present Clinical Professor of Pediatrics, Novasoutheastem University College of
I Osteopathic Medicine
,I
20Ot-Present Clinical Professor of Pediatrics, Thomas Jefferson University, Jeffers, n
Medical College
1975:'77 Attending Pediatrician, St. Christopher's Hospital for Children,
Philadelphia, PA 1
PA
1977-78 Attending Pediatrician, Children's Hospital of Philadelphia, Philadelp ,a,
PA
Professional Ol1!anization Memberships and Positions
Allegheny County Medical Society
American Medical Association
Pittsburgh Pediatric Society
American College Health Association
American Public Health Association
Ambulatory Pediatric Association .
Fellow, American Academy of Pediatrics (Florida Chapter member)
Society for Adolescent Medicine
I Research Grants
Bradley J. Bradford, M.D., F.A.AP. 4
Department of Health and Human Services, Bureau of Health Professions, Residen y
Training in General Pediatrics, 1987-1990. Project Director: Bradley J. Bradford, M.D.
Department of Health and Human Services, Bureau of Health Professions, Residency
Training in General Pediatrics, 1990-1993. Project Director: Bradley J. Bradford, M.
Mercy Foundation Grant, Immunization Tracking Project, 1992. Project Director:
Bradley J. Bradford, M.D.
Heinz Foundation Grant, A Better Start, 1992. Project Director: Bradley J. Bradford,
M.D.
Children's Trust Fund Grant, Family Support Project, 1992. Project Director: Bradley .
Bradford, M.D.
Department of Health and Human Services, Bureau of Health Professions, Residency
Training in General Pediatrics, 1993-1996. Project Director: Bradley J. Bradford, M.D.
Care for the Poor Grant, Mercy Pediatric Jubliee Project, 1993. Project Director:
Bradley J. Bradford, M.D.
Care for the Poor Grant, Church-Based Alternative Program for At-Risk Youth, 1993.
Project Director: Bradley J. Bradford, M.D.
Care for the Poor Grant, South Communities' Health Promotion and Education, 1993.
Project Director: Bradley J. Bradford, M.D.
Care for the Poor Grant, Child Abuse Program, 1993. Project Director: Bradley J.
Bradford, M.D.
Healthy Start Grant, Impacting Teen Pregnancy and Parenting: A High School
Intervention Model, 1993. Project Director: Bradley J. Bradford, M.D.
Healthy Start Grant, Impacting Adolescent Fathers: A High School Intervention Mod ,
1993. Project Director: Bradley J. Bradford, M.D.
Healthy Start Grant, Tobacco - NOT!, 1993. Project Director: Bradley J. Bradford, M D.
School Health in Residency Education, 1993. Principal Investigator. Bradley J.
Bradford, M.D.
Impact of Family Medical Leave Act on Residency Training, 1994. Principle
Investigator: Bradley J. Bradford, M.D.
1 Rotavirus Vaccine Multi-Site Clinical Trials, Wyeth Ayerst, 1994. ~rinciple
Bradley J. Bradford, M.D., FA.A.P. 5
Investigator: Bradley Bradley J. Bradford, M.D.
Extra Mile Health Partnership, Primary Care and Related Mental Health Services and
Support, 1994. Project Director: Bradley J. Bradford, M.D.
Extra Mile Education Foundation, First Steps Grant, 1994. Project Director: Bradley J.
Bradford, M.D.
Female Pediatricians, Retrospective Perceptions of Stress in Residency Related to
Pregnancy and Family Issues, 1995. Principle Investigator: Bradley J. Bradford, M.D
Foundation Grant: Enhanced Screening Tool to Detect Risk of Lead Poisoning, 1995.
Principle Investigator: Bradley J. Bradford, M.D.
Grable Foundation Grant: Youth with a Future, 1995. Principle Investigator: Bradley .
Bradford, M.D.
Health and Human Services Office of Population Affairs Federal Grant: Adolescent
Family Life Care Demonstration Project, 1995. Project Director: Bradley J. Bradford,
M.D.
Health and Human Services Office of Population Affairs Federal Grant: Adolescent
Family Life Care Demonstration Project, 1996. Project Director: Bradley J. Bradford,
M.D.
!
Department of Health and Human Services, Bureau of Health Professions, Residency
Training in General Pediatrics, 1996-1999. Project Director: Bradley J. Bradford, M.D
Funded: $357,226
An Examination of Graduates Evaluation of a Pediatric Residency Training Program,
1996. Project Director: Bradley J. Bradford, M.D. Funded: $6,000
Heinz Foundation Grant: Families Helping Families, 1996-1999. Project Director:
Bradley J. Bradford, M.D. Funded: $331,000
Health and Human Services Office of Population Affairs Federal Grant: Adolescent
Family Life Care Demonstration Project, 1997, 2nd or 3yrs. Project Director: Bradley J
Bradford, M.D. Funded: $1.5 million
Asthma Clinical Trial: Monoclamal Anti IgE Antibody E25 Genetech, Inc., 1997.
Principle Investigator: Bradley J. Bradford, M.D. Funded: $2,000
Chronic Urticaria Clinical Trial: Hoechst Marion Roussel, 1997. Principle Investigator:
Bradley J. Bradford, M.D. Funded: $2,000
Bradley J. Bradford, M.D., F.A.AP. 6
Evaluation of a Collaborative Community-Based Model for Integrated Preventipn
Programming for Adolescents, 1998. Principle Investigator: Bradley J. Bradford, M.D.
Funded: $15,000
School Health Training in Pediatric Residency Revisited, 1998. Principle Investigator:
Bmdley J. Bnulford, MD. l
Assessing Appropriateness of Pediatric Admissions to an Urban Teaching Hospital, 19 8.
Principle Investigator: Bradley J. Bradford, M.D.
Pennsylvania Department of Health Grant: Abstinence Education and Related Services
I
Program, 1998. Project Director: Bradley J. Bradford, M.D. Funded: $119,000/year for
5~ 1
Health and Human Services Office of Population Affairs Federal Grant: Adolesc, nt
Family Life Care Demonstration Project, 1999. Project Director: Bradley J. Bradfo~d,
M.D. Funded: $2.3 million for 5 ~ ~
Department of Health and Human Services, Bureau of Health Professions, Reside cy
Training in General Pediatrics, 1999-2002. Project Director: Bradley J. Bradford, MD.
Funded: $495,000
\ Robert Wood Johnson - Partnerships for Quality Education - Residency Managed Care
I Education, 1999. Project Director: Bradley J. Bradford, M.D. Funded: $30,000 fo~ 2
years I
Education Mentoring, 1999. Project Director: Bradley J. Bradford, M.D. I
Funded:
$20,000 for 1 year
Gladstone Prevention Programming, 1999. Project Director: Bradley J. Bradford, M D.
. Funded: $14,000 for 3 years
. McKeesport Prevention Programming, 1999. Project Director: Bradley J. Bradfctd,
M.D. Funded: $14,000 for 3 years I
Publications
Bradford, BJ, Plotkin, SA.: Cervical Adenitis Caused by Anaerobic Bacteria. Jo
Pediatrics.
1976 Jon; 88(6): 1060.
Bradford, B.: Maternal and Child Health: An Agenda for the 1980's. Proceedings of e
) University of Pittsburgh Social Work Institute, 1981.
J
I
Bradley J. Bradford, M.D., FAA.P. 7
Bradford, R: Preschool Physical Evaluations. Journal of Pediatrics, 101: 1982.
Bradford, R: Combatting Child Health Problems in the Public Sector. Urban Health
10:50, 1981.
Bradford, BJ. Children's Health Promotion. American Journal of Public Health. 19,89
I
Feb; 79(2):233. 1
Bradford, B., Lyons, C.: The Preparticipation Sports Assessment in Wes rn
Pennsylvania. Joumal of Adolescent health Care, 12:26-29, 1992. j
Bradford, RJ. Immunization, a 1991 update. Part 1. Journal of School Nurse. 1991 (t:
7(3):28-37.
Bradford, B.J. hnmunization: a 1991 update. Part ll. Journal of School Nnrse. 1~91
Dec:7(4):18-20,22-5. I
Poole, SR, Ushkow, MC, Nader, PR, Bradford, BJ, et.al. The Role of the PediatriciJ in
Abolishing Corporal Punishment in Schools. Committee on School Health, Ameritan
Academy of Pediatrics. Pediatrics. 1991 Jul:88(1): 162-167.
I
) Bradford, RJ.: Don't Let Our Youth Go Down Tobacco Road. Contemporary pedia1cs,
9(8): 96-113, August, 1992.
Bradford, BJ. in conjunction with the Committee on School Health: co~
Punishment in Schools. American Academy of Pediatrics, Policy Reference Guide: I A
Comprehensive Guide to AAP Policy Statements Published Through December, 111.
5th Edition, 103, 1992.
Bradford, RI. in conjunction with the Committee on School Health: School H th
Assessments. American Academy of Pediatrics, Policy Reference Guide: I A
Comprehensive Guide to AAP Policy Statements Through December, 1991. 5th Editi n,
665, 1992.
Bradford, BJ, Lyons, CWo Adolescent Medicine Practice in Urban Pittsburgh - 19 O.
Clinical Pediatrics. Aug:31 (8):471-7.
Bradford, BJ. Index of Suspicion. Case 1. Acute Epiglottitis. Pediatrics in Revi~w.
,
1993 Jul:14(7)281-2. I
Bradford, RJ.: Resident Education in School Health: An Issue Whose Time Has cole.
Section on School Health, American Academy of Pediatrics, Pediatrics, Vol. 92, No.1 3,
pp. 496-498, September, 1993.
I
I
j
I
I
Bradley J. Bradford, M.D., FA.A.P. i8
I
I
I
i
Sklaire, Martin, M.D., Black, Jeffrey, M.D., Bradford, Bradley J., M.D., De La RO$a,
Jose M., M.D., Newton, Jerry, M.D., Yankus, Wayne, M.D.: Residency Training ahd
Continuing Medical Education in School Health, Committee of the Section on Sch601
I
Health 1992-93. Pediatrics, Vol. 92, No.3, pp. 495-496, September, 1993. I
I
I
,
Bradford, BJ, Heald, P, Petrie, S. Health Services for Special Needs Children lin
Pennsylvania Schools. Journal of School Health. 1994 Aug:64(6):258-60.
Bradford, BI, Benedum, Kl, Heald, PA. The Prenatal Pediatric Visit and Pedi~C
Residency Training. Clinical Pediatrics. 1994 Nov:33(11)688-90. I
Bradford, Bradley J., M.D.: Careers in College Health: A New Horizon for pediatHc
I
Residents. Resident '95, Supplement to Contemporary Pediatrics, p. 18-23, Februa.):y,
1995. I
Bradford, BJ. Pediatric Residencies and the Family Medical Leave Act. AmeriJan
Medicine. 1995 Mar:70(3):175. I
I
I
Ho, L, Bradford, BJ. Index of Suspicion. Case 3. Diagnosis: Penumococcal Penumorlia
Pediatric in Review, Vol. 16, No.3, pp. 119, March, 1995. I
Bradford, Bradley J., M.D.: Latch Key Children: A Parenting Challenge. The Alman~c,
pg. 6, October 25, 1995. !
.. I
J Bradford, Bradley J., M.D.: Observations of a Residency Director. Academic Medic41e,
. I
Vol. 70, No. 11, p. 953-54, November, 1995. I
Bradford, BJ. School health in pediatric residency training: 1994. Arch Pediatri Adolhc
I
Med 1996; 150:315-318. !
Bradford, Bradley J., M.D., DeSensi, ~lizabeth, MS, Grufferman, Seymour, M.b.,
Janosky, Janine E., Ph.D., Mieczkowski, Tammy AI, M.A., Zimmerman, Richard k.,
M.D., MPH,: Barriers to Measles and Pertussis Immunization: The Knowledge And
Attitudes of Pennsylvania Primary Care Physicians. American Journal of Preventive
Medicine, Vol. 13, No.2, p. 89-97, March/April, 1997. I
I
I
Zimmerman RK., Bradford BJ, Janosky IE, Mieczkowski TA, DeSensi E, Grufferm~ S.
Barriers to Measles and Pertussis Immunization: The Knowledge and Attitudes of
Pennsylvania Primary Care Physicians. Pediatrics 1997, 13,89-97. I.
I
I
Bradford BJ. Parental leave and pediatric residents. Arch Pediatric and Adol Med,
April 1999, 153(4):429-30. I
I
Bradford BJ. Immunization Practices. American Journal of Pediatrics, October 19f}9,
Vo1..89, No. 10., p.1594-1595. I
1 I
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Bradley J. Bradford, M.D., FAA.P. .9
DeOcampo A, Bradford BJ. Genital herpes and diabetic ketoacidosis: a patient repOrt.
Clinical Pediatrics, November 1999,38(11):661-3.
Bradford BJ, Hartung A. Index of suspicion: acute vertebral osteomyelitis. Pediatrics
in Review, December 1999,20:423-426.
Bradford BJ. Commentary on: Reducing TV and video use to prevent obesity. AAP
Grand Rounds, January 2000,3:3.
Bradford BJ, Mazzie-Lages OS. The status for school health in pediatric residen~y
training. Clinical Pediatrics, October 2000,615-618.
Abstracts
Bradford, Bradley J: The Knowledge and Attitudes of Pennsylvania Primary C~e
Physicians Regarding Barriers to Childhood Immunizations. Abstract presented to 27th
STFM Annual Spring Conference, Atlanta, GA., April/May, 1994.
Paper Presentation
Bradford, Bradley J: School Health in Pediatric Residency Training. Presented at the
1998 Pennsylvania Public Health Association Annual Conference, Philadelphia,
) November 6, 1998.
Invited Lectures
Talk Entitled "Design of Ambulatory Experience in Residency Education", Innovations
in Medical Education Exhibits of the Association of American Medical Colleges,
Washington, D.C., November, 1987.
Talk Entitled "Design of Ambulatory Experience in Residency Education", Exhibit: in
Northeast Group on Graduate Medical Education, Montreal, Canada, March, 1988.
Talk Entitled "The Preparticipation Sports Assessment", American Academy .of
Pediatrics, Section on School Health, New York, NY, May, 1988.
Talk Entitled "Education in Adolescent Medicine in a Primary Care Pediatric Residency
Setting", Innovations in Medical Education, Exhibits of the Association of American
Medical Colleges, Chicago, IL, November, 1988.
Talk Entitled "Health Promotion and Disease Prevention in the School", American
Academy of Pediatrics, Section on School Health, Orlando, FL, March, 1989.
\ Talk Entitled "Education in Adolescent Medicine in a Primary Care Pediatric Residency
Bradley J. Bradford, M.D., FA.A.P. 10
Setting" ,
Northeast Group on Graduate Medical Education, Providence, RI, April, 1989.
Talk.Entitled "An Approach to the Febrile Infant", Continuing Medical Education, New
Castle, PA, January, 1991.
Talk Entitled "Evaluation of Child Abuse", Continuing Medical Education, Shenango
Valley Medical Center, Sharon, PA, February, 1991.
Talk Entitled "Evaluation of Child Abuse", Continuing Medical Education, Ohio Valley
Hospital, Steubenville, PA, March, 1991.
Talk Entitled "Sexually Transmitted Diseases", Continuing Medical Education, Ohio
Valley General Hospital, McKees Rocks, PA, June, 1991.
Talk Entitled "Use of College Health Service for Medical Education", Ambulatory
Pediatric Association, Pittsburgh, P A 1991.
Talk Entitled "School Health for the 1990's", National Education Association, Annual
Meeting, Atlanta, GA, April, 1991.
Talk Entitled "The Prenatal Pediatric Visit in Pediatric Residency Training", Association
! of American Medical Colleges, Washington, D.C., November, 1991.
Talk Entitled "Prenatal Pediatric Visits: Implementation in a Pediatric Ambulatory
Department by Pediatric Residents", Syracuse, NY, March, 1992.
Talk Entitled "The Role of the Prenatal Visit in Pediatric Residency Training", Syracuse,
NY, March, 1992.
Talk Entitled "Prenatal Pediatric Visits: Implementation in a Pediatric Ambulatory
Department by Pediatric Residents", Ambulatory Pediatric Association, Annual Meeting,
Baltimore, MD, May, 1992.
Talk Entitled "Tobacco Education for the Pediatrician", Indiana Hospital Continuing
Medical Education, Indiana, P A, January, 1992.
Talk Entitled "Physical Fitness for the Asthmatic Child", American Academy of
Pediatrics, Section on School Health, New York, NY, April, 1992.
Talk Entitled "Chronic Ulness in the School", Pennsylvania Chapter of the American
Academy of Pediatrics, Pittsburgh, PA, May, 1992.
Talk Entitled "Child Abuse", Mercy Hospital of Pittsburgh, Emergency Conference,
Pittsburgh, P A, May, 1992.
Bradley J. Bradford, M.D., F.A.A.P. 11
Talk Entitled "Computerized Educational Management for a Primary Care Training
Program", SPRJAPA Annual Meeting, Baltimore, MD, 1992.
Talk Entitled "College Health and the Pediatrician", American Academy of Pediatrics
Annual Meeting, San Francisco, CA, October, 1992.
Talk Entitled "Sexually Transmitted Diseases and Teenage Sexual Abstinence", WTAE-
AM, Pittsburgh, PA, October, 1993.
Talk Entitled "School Absence - The Reasons/Outcomes Studies", American Academy
of Pediatrics, School Health Section Meeting, Washington, D.C., November, 1993.
Talk Entitled "School Linked Clinics (Alternative Medical Care)", American Academy of
Pediatrics, District III Meeting, Ft. Myers, FL, January, 1994.
Talk Entitled "Kawasaki Disease", Conference, The Mercy Hospital of Pittsburgh,
Pittsburgh, PA, January, 1994.
Talk Entitled "Selected Topics", Conference, The Mercy Hospital of Pittsburgh,
Pittsburgh, PA, March, 1994.
Talk Entitled "The Present Known State of Pediatrics and Health Care Reform", Pediatric
\ Grand Rounds, The Mercy Hospital of Pittsburgh, Pittsburgh, PA, May, 1994.
J
Talk Entitled "School Health", Visiting Professor of Pediatrics at Dartmouth-Hitchcock
Medical Center, May, 1994.
Talk Entitled "Evaluation and Treatment of Hypertension", Conference, The Mercy
Hospital of Pittsburgh, Pittsburgh, PA, June, 1994.
Talk Entitled "Chronic lllness and School Health", Grand Rounds, The Mercy Hospital of
Pittsburgh, Pittsburgh, P A, August, 1994.
Talk Entitled "Fluids and ElectrolYtes", Conference, The Mercy Hospital of Pittsburgh,
Pittsburgh, P A, August, 1994.
Talk Entitled "Back Pain in Children", Conference, The Mercy Hospital of Pittsburgh,
Pittsburgh, PA, November, 1994.
Talk Entitled "What the American Academy of Pediatrics Can Do for the Resident",
Career Day, Pittsburgh, PA, November, 1994.
Talk Entitled "School Health", Grand Rounds, Washington Hospital, Washington, PA,
1994.
-------
Bradley J. Bradford, M.D., F.A.A.P. 12
Talk Entitled "Nutrition for the Pediatric Patient", Grand Rounds, The Mercy Hospital of
Pittsburgh, Pittsburgh, PA, 1994.
Talk Entitled "Diseases and Medication", West Allegheny School District, January 16,
1995:
Talk Entitled "Case Management of College Students Use of Emergency Medicine",
American College Health Association, 1995 Annual Meeting, Chicago, IL, May 26,
1995.
Talk Entitled "The Advantages of the Community Teaching Hospital Pediatric Program",
Third Annual Pediatric Residency Program Coordinators Workshop, Pittsburgh, P A,
August 18, 1995.
Talk Entitled "What Pediatric Residents Should Know About School Health", American
Academy of Pediatrics Resident Section Annual Meeting, San Francisco, CA, October
14, 1995.
Talk Entitled "Grandparenting: The New Age of Parenting", Women's Health Program,
Monongahela Valley Hospital, Monongahela, PA, November 8,1995.
Talk Entitled "Building Collaborative Networks with School Health Services", Working
Together for Healthy Children Conference, Hershey, PA, November 16, 1995.
1
f Talk Entitled "The Future of Pediatrics", Grand Rounds, Allegheny General Hospital,
Pittsburgh, PA November 17, 1995.
Talk Entitled "School Health for the 21st Century", Grand Rounds, Allegheny General
Hospital, Pittsburgh, PA, May 23, 1997.
Talk Entitled "Conducting Your Training Session", American Academy of Pediatrics,
Section on School Health, School Health Leadership Training Conference, Atlanta,
Georgia, June 6-8,1997.
Talk Entitled "School Health for the 21st Century'\ Grand Rounds, The Mercy Hospital
of Pittsburgh, Pittsburgh, PA, July 1, 1997.
Talk Entitled "Pediatrics in the 21st Century", Brown Bag Discussion, Medical Students,
University of Pittsburgh School of Medicine, Pittsburgh, PA, February 12, 1998.
Talk Entitled "Dermatologic Manifestations of Infectious Disease", Physician Assistants
Students, Duquesne University, Pittsburgh, P A, March 20, 1998.
TalK Entitled "Conducting Your Training Session", American Academy of Piediatrics,
Section on School Health, School Health Leadership Training Conference, Spring
Session, Atlanta, GA, April, 1998.
Bradley J. Bradford, M.D., FAA.P. 13
Talk Entitled "School Health for the 21st Century", School Health Symposium,
Conemaugh Memorial Medical Center, Johnstown, P A, April, 1998.
Talk "Entitled "American Academy of Pediatrics Resolution and Policy Issues", Grand
Rounds, The Mercy Hospital of Pittsburgh, Pittsburgh, PA, April, 1998.
Talk Entitled "School Health", Small Program Director's Workshop, Association of
Pediatric Program Directors, New Orleans, LA, April, 1998.
Talk Entitled "National Child and Adolescent Health Training Initiatives: How to Make
It Work in Your Chapter", American Academy of Pediatrics Annual Chapter Forum,
LaSalle, Illinois, September, 1998.
Talk Entitled "Failure to Thrive", Center for the Continuing Education in the Health
Sciences and Primary Care Health Services, Inc., 2nd Annual Symposium Primary Care
Through the Lifespan, Pittsburgh, October, 1998.
Talk Entitled "Preparation for Certifying Examination, American Board of Pediatrics, "
Association of Pediatric Program Directors Regional Meeting, Columbus, OH, January
29, 1999
Talk Entitled "Tools for Improving Health Supervision for Adolescents," National
, Institute for Health Care Management, Washington, D.C., March 30, 1999
Talk. Entitled "Implementing School Health in Pediatric Residency Training Programs,"
Association of Pediatric Program Directors Annual Spring Meeting, San FranciscO, CA,
Aprll29- May 1, 1999.
Talk. Entitled "Bicycle Safety," Allegheny County SafeKids Coalition, First Annual
Legislative Breakfast, Pittsburgh, PA, May 14, 1999
Talk Entitled "Pediatric Issues," Medical Directors Meeting, Pittsburgh, PA, June 3,
1999
Talk Entitled "Advanced School Health," Co-sponsored by Mercy Children's Medical
Center and AC-ACLDI An Assocation for Children & Adults with Learning Disabilities,
Inc., Mercy Hospital of Pittsburgh, Pittsburgh, P A, June 10, 1999
Talk Entitled "The American Academy of Pediatrics Task Force on the Future of
Pediatric Education: Some Preliminary Considerations," Grand Rounds, Department of
Pediatrics, Mercy Hospital of Pittsburgh, Pittsburgh, P A, July 20, 1999
Talk. 'Entitled "Optimizing the Pediatric Office Visit," Panel Discussion, Sponsored by
Highmark, Pittsburgh Zoo, Pittsburgh, PA, August 8, 1999
)
Bradley J. Bradford, M.D., FAA.P. 14
Talk Entitled "Current Issues for the American Academy of Pediatrics", Grand Rounds,
Department of Pediatrics, Mercy Hospital of Pittsburgh, December 21, 1999
Talk. Entitled "School Health for the Millennium: Current Issues", School Health
Leadership Visiting Professor Program, University of Illinois, Chicago, IL, January 12,
2000
Talk Entitled "School Health for the Millennium: Current Issues", School Health
Leadership Visiting Professor Program, All Children's Hospital, St. Petersburg, FL,
February 18, 2000
Talk Entitled "Pediatric Residency Support for Pediatric Board Preparation: Myths and
Reality", Association of Pediatric Program Directors Annual Spring Meeting, Boston,
MA, May 12, 2000
Talk Entitled "What the American Academy of Pediatrics Can Do For You", PL-2 Career
Day sponsored by the American Academy of Pediatrics, Pittsburgh, P A, October 4,2000
Talk Entitled "Collaboration: The School Health Key for the 21 st Century", Annual
School Nurse Conference, Keynote Address, sponsored by the Wisconsin Chapter of the
American Academy of Pediatrics, Madison, WI, April 20, 2001
Talk Entitled "Infectious Disease from the Perspective of the School Nurse", Annual
School Nurse Conference, Workshop, sponsored by the Wisconsin Chapter of the
) American Academy of Pediatrics, Madison, WI, April 20, 200 1
:
~XBfAft! RECEIVED
.,.. '* '* '* '* 2 3 2005
ANDetcaCly FE B
, 1111' CITY OF DELRAY BEACH v ~. RK
~ @ BOARD MEMBER APPLICATIOli1T I ~JLE_
," 1993 Fdtl(l~
,v. 2001
.Please e or rint the followin information: ;1 " .? 3,..,
1. Last Name: ~ \..l. ~\ - M.I.Jl
I \V\ -J1L. T'f~
2. Home Address~ _ _____ State Zi~ Code
-.)O~\ ....l~SM\Y\~ CL L e3q~3
3. Legal Residence: State Zip Code
S~ ~c;,. f\~oV-'L
4. Principal Business Address: City State Zip Code
~ -;~m: ~~n\:t, ~qt:s4~~~\ 113 JA:~~i~sp~~~ ~~ {~;~~q i Fax,j IfJ
,. 6. Are you a registered voter? y -t5 If so, where are you registered? ~(. \nc\ Y D q,
., 7. What Boardes) are you interested in serving? Please list in order of preference:
, <CD"^- <'JX.1-,
8.
)
rJ<N\L
9.
; . Lvn"t~~ t
12. Describe exp
.~ {J rro.cL~_
I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts
conhi=! in tIm ap . cali ma "'" ; - bne upon my part of any appointment 'If: 'r;'
d... /7 0 r
DATE I
. Note: 'Ibis application will remain on file in the City Oerk'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.
SlCITYCUlRK\BOARD\AI'I'LICA1l0N
Curriculum Vitae
Joseph A. Finley, Jr., Ph.D
,
3031 Jasmine Court
Delray Beach, Florida 33483
Phone 561-279-4616 (Home)
Phone 305-787-6170 (Work)
JOSEPH A. FINLEY, JR., Ph.D.
3031 Jasmine Court, Delray Beach, Florida 33483
(561) 2794616 (305) 787-6170
jfinley01@Sprynet.com
PROFESSIONAL SUMMARY
. Highly motivated and accomplished professional with more than 28 years of
exemplary experience; outstanding leadership with a command of the forensic
science and education leadership curriculum with special expertise in exceptional
student education issues.
. Utilize dynamic, synergistic style in collaborating with colleagues in a team
approach; considered a catalyst with keen strategic planning skills and a
pragmatic, resourceful approach to responsibilities.
. Lifelong advocate of continued learning and advancement; very effective in
influencing the grasp of knowledge and love oflearning in others.
. Dedicated and involved community volunteer with demonstrated leadership.
EDUCATION
Lynn University, Boca Raton, Florida
, . Doctor of Philosophy, Education Leadership with a Global
Perspective (2002)
Dissertation: The Effects of Transition Services on the Quality of Life of
Post-Secondary (0-2 years) Students with Down's Syndrome Who are Educable
Mentally Handicapped
Lynn University, Boca Raton, Florida
. Master of Science, Criminal Justice Administration with a
Concentration in Forensic Science (1999)
Thesis: Geologic Material as Physical Evidence
University of Miami, Coral Gables, Florida
. Bachelor of Science, Geology (1974)
PROFESSIONAL EXPERIENCE
2004 -Present KELLER GRADUATE SCHOOL OF MANAGEMENT,
OF DEVRY UNIVERSITY, Miami, Florida
Dean, Miami Center(2004-Present)
JOSEPH A. FINLEY. JR. Ph.D. Page Two
Utilize the ability to continuously build credibility and respect into communications with
students, faculty, staff and the corporate community while facilitating the admissions
process to meet or exceed the determined budget goals on a continuous basis.
Demonstrate the ability to plan, organize, lead, and control an organizational unit in order
to achieve objectives, while keeping the members committed and enthusiastic with regard
to the University's mission and purpose. Continually respond to the requirements and
needs ofthe students, faculty, to include new prospective candidates, staff, the corporate
community and all other stakeholders in a timely and effective manner. Offer an
applications-oriented undergraduate education with a balance of general education and
specialized coursework to help students gain the knowledge, skills and credentials needed
to meet the current and future challenges of a global economy. As well as, offer
practitioner-oriented graduate management education that focuses on the applied
management and leadership concepts and skills required for success in a global economy.
Provide a curriculum that is developed, tested, and continually improved through regular
outcomes assessment and consultation, by my faculty and administrators, and with
business leaders and other educators. To continually examine the evolving needs of the
students and employees for career-oriented higher education programs as a basis for the
development of additional programs. Generation of marketing plans for new recruitment
) and student retention, and plans documenting the strategic selection of graduate and
undergraduate courses that meet the needs of the student population at large. Responsible
for the overall financial profit margin as it relates to gross profit contributions and
operational expenses at the Miami center.
1976 -2004 FEDERAL BUREAU OF INVESTIGATION, Miami, Florida
Special Agent (1976-1981, FBI Laboratory Division; 1981-1982,
Alexandria Field Office; 1982-1983, Pittsburgh Field Office;
1983-1996, New York Field Office; 1996-2004, Miami Office)
Plan and conduct complete investigations, developing facts, obtaining information and
gathering supporting evidence of alleged or suspected violations, or of other matters,
within the jurisdiction of the FBI. Develop and teach curriculum in the field of electronic
cellular tracking and general police topics. Such work may include formalized classroom
instruction, as well as, implementation of field techniques and application of new
technical investigative techniques. Instruction of local, state, and federal law enforcement
personnel in associated topics in law enforcement and leadership relating to specific
needs ofthe individual agencies. Conduct scientific analysis of inorganic evidentiary
material and provide analysis results and testimony in local, state and federal jurisdictions
as an expert. Instruct at the Forensic Science Center in the analysis of geologic material
) as physical evidence and provide instruction to local, state and federal
JOSEPH A. FINLEY. JR.. Ph.D. Page Three
law enforcement in specifically requested and related areas. Provide counseling,
planning, preventive and interdictive instruction through the Employee
Assistance Program to employees and employee family members ofthe FBI.
Develop training models for the use by mandated employees in prevention
and interdiction techniques.
Selected Highlights
. Certified "Family Mediator" through the State of Florida Supreme Court(2003)
Selected as "Outstanding Law Enforcement Officer of the Year," Southern
Judicial District of Florida (2000)
. Appointed to the Strategic Planning Development Team, National Down's
Syndrome Congress (2000)
Elected as the representative to the Director, FBI, on the Special Agent Advisory
Committee (1999)
. Implemented field training curriculum for Technically Trained Agents in the area
of cellular tracking (1996)
. Certified as a general police instructor, FBI Miami (1996)
. Elected President, Seton Foundation for Learning (1994-1996)
. Appointed and certified as an "Expert Witness" in the field of Forensic Geology,
FBI Laboratory (1978)
. Acquired multi cultural familiarity through extensive study and international
travel (1976-Present)
. Employee Assistance Program Counselor, FBI-Miami(1996-Pres.)
. Association of Traumatic Stress Specialists "Certified Trauma Responder"
. Emergency Medical Technician, New York State- National Registry(1974-1977)
PROFESSIONAL AFFILIATIONS
. National Association of Technical Investigative Agents (NATIA) - Member
. American Society of Industrial Security (ASIS) - Member
. Federal Bureau of Investigation Agents' Association (FBIAA) - Special
Operations Representative
. Professional Association of Dive Instructors (pADn - Instructor - Master
SCUBA Diver Trainer
. International Critical Incident Stress Foundation (ICISF) - Instructor
. International Association of Dive Rescue Specialists {IADRS) - Member
. American College of Forensic Examiners Institute - Member
. American Academy of Forensic Science - Member
. Association of Traumatic Stress Specialists - Certified Trauma Responder
:
JOSEPH A. FINLEY~ JR..~ Ph.D. . Page Four
DISTINGUISHED HONORS
. Outstanding Law Enforcement Officer of the Year (2000)
. Dedication to Community Service, Cuban-American National Foundation (2001)
. Honor Legion - New York City Police Department (1988)
CONTINUING PROFESSIONAL DEVELOPMENT
. Critical Incidents, Trauma, and Substance Abuse: Preventing Self-Medication
(ICISF - 2000)
. Instructor Development Program (Federal Law Enforcement Officers' Training
School - 2000)
. Basic Critical Incident Stress Management Course (ICISF - 2000)
Technical Sweeps and Countermeasures (FBI Academy - 1996)
Executive Management Seminar (John Jay College - 1991)
. Suicide Prevention, Intervention, and Postvention (ICrsF - 2004)
. Psychology of Terrorism (ICrsF - 2004)
,
I TEACHING APPOINTMENTS
. Federal Law Enforcement Officer Training School, FBI Miami, FL (2001-Present)
Instructor
Subjects taught:
General Police Topics and Hostage Negotiation (Technical Aspects)
Ethics for Professionals
Professional Development
. Professional Association of Dive Instructors (ACE/PONSI, Rancho Santa
Margarita, CA 1997-Present)
Instructor
Subjects taught:
Open Water SCUBA Diving
Advanced Open Water SCUBA Diving
Rescue Diver
Dive Master
Assistant Instructor
First Aid and CPR
Various Specialties
JOSEPH A. FINLEY~ JR.~ Ph.D. Page Five
. FBI Academy, Forensic Science Center, Quantico, VA (1976-1981)
Instructor
Subjects taught:
Forensic Analysis of Glass
Geologic Material as Physical Evidence
PUBLICATIONS
. "Geologic Material as Physical Evidence", Law Enforcement Bulletin, March
2004 Issue, Federal Bureau of Investigation, Washington, D.C.
PRESENTATIONS
Geologic Material as Physical Evidence
FBI Evidence Response Team, Miami, Florida (2001)
Effects of Transition Service on the Quality of Life for Educable Mentally
Handicapped Students, Post-Secondary School
Lynn University, Boca Raton, Florida (2002)
. Aftermath of 9111
! Lynn University, Boca Raton, Florida (2001)
. Criminal Justice and 9/11
Florida Atlantic University, Boca Raton, Florida (200 I)
. The New Role of the Public Safety Dive Team Post 9111
IADRS Conference, Denver, Colorado (2003
. Behavioral and Psychological Aspects of Black Water Diving
NOVA Southeastern University, Davie, Florida (2003)
. Maritime Transportation Security Act of 2002
IADRS Conference, Ft. Lauderdale, Florida(2004)
CMC/COMMUNITY INVOLVEMENT
. United States Coast Guard Auxiliary
Flotilla Staff Officer Career Counselor (1998-2000)
Member (1997-PresenQ
:
DR. JOSEPH A. FINLEY~ JR. Page Six
. United States Merchant Marine Academy, Florida Parents' Association
President (2002-2003)
Vice President (2001-2002)
Secretary (2000-2001)
Member (l999-Present)
Field Admissions Representative (200l-Present)
. University of Miami Alumni Association
Member (1975-Present)
. United States Senator Bill Nelson (FL-D)
Member of Senatorial Nomination Board for U.S. Naval Academy!
U.S. Merchant Marine Academy (200l-Present)
.. United States Congressman E. Clay Shaw (FL-R)
Speaker at "All Service Academy Night" - Presentation to Candidates
(1999-Present)
I
!
Ascension Catholic Church
Parish Council Member (200l-Present)
Member (1996-Present)
Substance Abuse Ministry Chairman(2002-Present)
. Tropic Isle Civic Association
Emergency Preparedness Team (2001-Present)
Member (1996-Present)
. Boy Scouts of America - Committee Member - Troop 304 (1996-1998)
. Seton Foundation for Learning - President (1994-1996)
. Knights of Columbus - Third Degree Knight (1977-1982)
!
FRO'I : GER-SHII FA:': ID. : 5612660746 Jun. 10 2003 09:44PI'I P1
~:vu_
-- - 'feE ll:0~ F_~ 561 243 3774 CITY CLEN.K
06/10-03
Pf\ly.~~~
'iiw. CITY OF ~ELRAY BEACH
BOARD "'EMBER APPLICATION
't93
2 01
1. N.1.
2-
3. LcpllWidcncc:
4. Ptinclpal Busincu .Add.r~ City State Zip Code
l
Silu-j :0; B~sines$ Phone; E-Mail Addreu:
6_ Jue yoll 2 rcgistet'cd voter?
7.
!
St
1Q. List any related pro{e.55Sctul cmuat/cms 2nd llcen&e5 which you hold:
12. D.aibc apcricnces. skiIJa or knowJedac which qtDlify 1011 ~ ICrVt oa this !loud: (Pieue IItmch. bad re5wnc)
~ppli~do.a ~ remain 011 6le in = Cilt)' Quk's Office a period of 2 years from th~ date ir 'Was
sub -ned_ It UIi1I be the applicant"' responsibility to et2a\lrc mat . cmrcm application is -0:1 nIr;.
~~_WPUCA.TIOI<
/ /IJ ~//7-5' RECEIVED
JUN 1 1 2003
CITY CLERK
~
DElRAY BEACH RECEIVED
, , 0 " . . ....
~ MAR ? '4 2005
All-AmericaCity CITY OF DELRAY BEACH
, , II I!
BOARD MEMBER APPLICATION I , , ~tRK
:3/9- 4 0 '7
1993
2001 (I()~t:Y
information:
M.I.
rfI
2. k
T7f /In
3.
4. siness Address: City State Zip Code
5. Business Phone: E-Mail Address: Cell Phone:
b3 7 -;;J. 3b;;J. 637-S-KRS-
6. Are a registered voter?
7. What Board(s) are you interested in serving? Please list in order of preference:
ADv/SoIZ ElJuc
List all City Boards on which you are currendy serving or have reviously served: (please include dates)
,
i /y/p
9. Educational qualifications: g /l g
SYCt/tJLt:JG- ILl
Al.seL/ }./ G-
10. list any related professioml certifications and licens
11. Give your present, or most recent employer, and position:
f 6AfflZ.Ac 7l3P S~rICES /3S (,,{'~ /) F IA&
12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief reswne)
I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts
co . ed in this application ma ca forfeiture upon my part of any appointment I may receive.
~.2t -?O~
DATE
) te: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
s\cITYCURK.IBOARDIAPPUCATION
BRlEF RESUME
Judy Griffith
4817 South Lee Road
Delray Beach, FL 33445
(561) 637-2362
My husband, Kent and I, moved to Delray Beach in 1997 after being capti-vated by "Tue
Villaee by the Sea" on a visit two years before.
I enrolled in and completed the Master Gardener Program of the Palm Beach County
Extension Service. For the last six years I have provided hundreds of hours of volunteer
service and maintained my certification each year through education credits. Currently, I
volunteer at the Dekay Beach Green Market each Saturday.
1 I am a member of League of Women Voters. I served on the Board of Directors and
served as membership chair for the South Palm Beach County L WV for two years.
I am. a member of Progressive Residents ofDelray since September 2004.
I completed the Residents Academy of the City of Delray Beach in April 2004.
I have worked for the Supervisor of Elections in both county and municipal elections in
both inspector and assistant clerk positions for several years.
I am a singer with the Dekay Beach Chorale and a member of the Galaxy Quartet, an a
cappella singing group. I have sung with the F AU civic chorus, The Club Singers, and
MusiGaIs.
r have stage credits in two productions of "Scrooge" with the Dekay Beach Playhouse
and performed with the "Young At Heart" acting group in the community.
Cwrently, I am chair of Lee's Crossing Architectural Committee, the community in
which we live.
)
- -
EduccJc; r
'" 9-lf-o:J
p""",: 8~P!
'I CITY 0' DELRAY BEACH -a;ne I
BOARD MEMBER APPLICATION
1993
2001
1.
2.
3.
4.
\
\
7. ~
-) 8. list aU Cit)" Boards on which ~'ou are currently serving or hav
11. Give your present, or mas recent employ
-)
Note: This application wiD remain on file in the City Cerk's years from the date it was
submitted. It will be the applicant's responsibility to ensure ffla m~plication is ~11OM
CITY CLERK
OQ.ltA,y BEA01 IJtloud- EtfIl!-
4...0:......
..........
AI..~City CITY OF DELRAY BEACH ;21NS'
llnJ!
BOARD MEMBER APPLICATION
1993 /41
2001
Please e or rint the fo11o infonnanon:
L Last Name: AJ I Name 13 i , ML
ewel ce...
2. Home Address: AlE ;)..,.)j City St2te Zip Code
;;.. g Q AUe. {)e!,tU/. (5ea~i. r/ 3JCfY
3. Legal Residence: Citv Sure Zip Code
S6.>v1<:!..
4. Principal Business Addr~s: City Stare Zip Code
.s 0. h/l -e
5. Home Phone: Business Phone; E-Mail Address: Cell Phone; Fax;
f6{ J 73- 30(g' bl1€lJJef!J. ~ ho+IV1a'-~l IJzz 8"ttJ-33!/
6. Are you a registered voter? es If 50, where are you registered? ~A
7_ What Board(s) are you interested in serving? Please list in order of preference:
~.4Pr'l; rt a/,j /004. / j Nej 4 ~tJr(((Yj /J iVl~.1 ~ j;;;?l,
Zon JA 0 Cc<</fc,' S;k ~a:-1 1f?l!t'e
8. ~~~-:. ry~~~~ ?~~~ch y arc curre!1~Y sel:vlng 0 a.ve pr~~ously served: lea~~ includ~ ~us) . ---- - _." -
9. Educational qualifications:
A.A.
10. Lise any related professional certificanons and licenses which you hold:
.
11. Give yow: present, or mOSt receot employer. and position;..6: 1- t _ ;;Ceo-It<
G. .S re//
kea1tGI
12 Descnbe experiences, skills or: knowledge which qualify you to serve on this board: (please attach a brief resume)
I htleby certify that ~ the above statements are trUe, lIud I agree. and understand that any misst\ttmenc of materUl faces
~~ :Z:7y<>u>e fodei~;~;I~~~Y'PPOin~ /~;tl=
,GNA . JAN 0 5 2005 DATE'
Note: This application will remain on file in me City ~l~gffice for a period of 2 years from me date it was
submitted. It will be the applicmfs e~l'~il@i~ ure tlut a cu.u:ent applicgtion is on file.
S".ctTY~~tLlc....lIOfl
Bryce Newell Home (561) 27&-3068
2S0NE 2M Ave. Cell (561) &43-3311
Dekay Beach. FL 33444 B-mail bnewe1l1@hotmail.com
PROFILE
Marlceting and sales executive with 6 years ofhigh level outside sales experience, with a proven track
record in d~weloping new business &nd driving revenue in leading edge technologies. Strong analytical,
qeative, and communication slalls developed through assigmncnc; in strategic planning,. marketing
communications., product launchc;s. and training. ExcellenI leadership abilities demonstraled by delivering
results tlJrougb. highly motivaled and imagjnative teams.
Prof~iollal Expe,iem:e
FDN ComdlUllieatioDs; West Palm Beach. FL 4/04-Present
Smior Account Executive
Provide daIa productS and services to business tbrt>ugbom: Florida and GeoTgia. POroary focus on
international multiple location corporations relying on high use da1R 1ransport. In the top running
for rookie of the 211<1 half of the year award.
MeLeodUSA; 0aI:br00k, IL 3/03~2104
SeoiQT Account Executive
Mid-Marlcet telecQmmunicatiollS sales position in greatet" Chicago land area. My responsibility 1S
to acquire new Business only. Services consist of: PRI's, II's, VPN's, Frame Relay and
Wireless. Typical montll includes running approxim81ely 15 new appointments, resulting in 4 to
6 orders :ranging from S500 to :&3000.
) ClearOne Communieations; Westtnont,. U.
Senior Account Manatler 7/02-l2l02
Videoconfereocing Specialist position. brought on to esrablish market share in Chicago.
Company provides eod-to-end solutions for video. audio and web conferencing seIvlOCS.
Primary customer focus is Fortuoe 1000 aIld"Higher Eduation D18rlcet.
TaQdberg. LLC; Chicago, II.. 8/01-6/02
R.cgiooal Manaeer
.' Responsible for selling TANDBERG Videocooferencing equipment to Education and Medical
Agencies.. Partnered with consultants and system. integnt<m to prGvide the customer widl a
complete solution. Current territory consists of HIinois, Indiana and Wisconsin.
lnVIeW; Chicago. n..
Business Develotmlent Manae<< 10/97-7/01
Woded with ~ent dealers. sysum iIJtegrators and teleoommunication companies to develop
new accounts. Increased company revenue by 20".4. by creating a pactn~bip program... Developed
worlcing relationships with system integrators. equipment manufaaures and telecommunication
companies. Consulted with IT and Telecom Directors on Videoconferencing services.
CSC Office Automation; RoUing Meadows, II.. .
Major Account Manager 2/96-9/97
'EDUCATION
1991-1993 A-A_. Business Management,. College ofDupage, Glen Ellyn,. IL
\ 1993-1995 BS, Business Administration, Loyola University. Chicago, n...
it~5
DElRAY BEACH pi1/tI/l'/
I' , C;tI . . " ....
*****
mr CITY OF DELRAY BEACH
BOARD MEMBER APPLICA~lR~\\lEO
1993 ~PR {\ 5 2\lnS
2001
Please e or rint the followin information: ~R"
1. Last Name: Name M.l
E L.
2. Home Address:;ii . City State Zip Code
~ Z. 'IAv ;tJC-1E :I. FL .33'1'1 S-
3. Legal Residence: City State Zip Code
ME.
4. Principal Business Address: City State Zip Code
5. E-Mail Address: Cell Phone: Fax:
2-2 - 3f7 /i, ~J ~btlls()c)ft.lI~ / 1ZZ 3r5t
\ If so, where are you registered? .
fiolj[)A.
7. What Board(s) are you interested in serving? Please list in order of preference:
f61.3/"/C 6-, ~ 'E $:.S PcUJ77t>rJ IbH~/S;.s . ,J EvOcA77/),J &AR-D
8. List all City Boards on which you are currendy serving or have previously served: (please include dates)
jl/oME
9. Educational qualifications: !kJJ1 AN
.t36A tJuUE,S I1~A.
10. List any related professional certifications and licenses which you hold:
tJ 0 a.l-T/'~=;SO J L/N
11. Give your present, or most recent employer, and position:
5UF 6, I~ .cLJ ~(h lJ vS ,1-1"1, ~ K/l. dtCE UC: 07 {~ if /4d fort:< ~/~-
12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume)
'R- PJI,e,l ~
)/11- aA.5vlle:.. IV I- -h> Mr Wp/'k. ~rc:/ .dvd".J'- .
I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts
oonl3ined in tIm 'l'Plicatinn ma ca",e fondoue npon my part of any appointment I ~reeeive.
,a';) r
SIGNATURE DATE
Note: This application will remain on file in the City Clerk's Office for a period of2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
SlCITYCLERK.\BOARDIAPPLlCA TION
Paul A. Seal
4094 Maurice Drive Phone: (561) 722-3896
Delray Beach, FL 33445 Email: Dseal@bellsouth.net
EXPERIENCE
Office Depot, Inc. 2001 - present
A $12 billion dollar retailer of office supplies and equipment.
Manaaer. Recruitina and Workforce Diversitv
. Developed company's first comprehensive diversity strategy, which encompassed the business case,
organization structure, and initiatives around workforce and community.
. Established and counseled an Executive Steering Committee that championed diversity initiatives
and developed the guidelines and structure for the formation of regional diversity councils.
. Championed and closely monitored efforts to attract, retain and promote female and minority
candidates. Developed recruiting and retention strategies for mid-management that increased
diversity demographics by more than 15%. Additionally, diversity demographics at the executive
level more than doubled for minorities and females due to executive involvement.
. Revamped company's recruiting strategy, which encompassed workforce models that enabled 00 to
become more selective and proactive in their recruiting activities.
. Successfully developed and implemented company-wide mentoring program and a diversity training
initiative for 42,000 employees (100% management and 97% employee participation/completion),
developed, launched and managed a focused, multi-cultural and multi-lingual, initiative to train
6200 employees in Office Depot's distribution facilities.
. led workforce initiatives including: guidance and counsel to the company leaders to ensure diversity
programs, practices and policies promote the inclusion of persons from all backgrounds, determining
the appropriateness of diversity initiatives and fostering and maintaining productive relationships with
external national, regional and local civic rights and minority development associations.
. Developed and presented metrics to measure and monitor the effectiveness of recruiting and
diversity initiatives.
Florida Power a. Light Company 1997-2001
An $8.3 billion utility company.
Human Resources Consultant - EEO. AAP. Diversitv and RecruitinG (September 1997 through
January 2001)
. Responsible for corporate compliance with and communication of all Federal and State legislation,
pertaining to personnel matters and employee relations issues.
. Established and assisted with the development of the company's initial diversity strategy and
initiatives.
. Developed, implemented and maintained relationships with colleges and professional organizations
to increase and enhance FPL's ability to assess and attract candidates who possess excellent
organizational skills, multi-tasking abilities and the ability to operate under time constraints.
. Developed, Implemented and communicated Affirmative Action Plans to senior management,
assisted in multiple OFCCP audits and assisted with the coordination and the dissemination of
information geared toward a pending CMR, and developed strategy and implemented methodology
to handle OFCCP's Compliance Surveys
. Reengineered infrastructure for Minority Business Expansion Program which increased minority
business expenditures over 260%, from $38 million to over $100 million in 2 years
. Developed and communicated strategy for measuring the effectiveness of company's diversity
initiatives.
. Developed and maintained Intranet site detailing the community and diversity related organizations
in which company's employees volunteered time and/or donated funds
. Established and maintained relationships with local civil rights and minority development
associations. Elected to and held prominent positions on several key boards (Le. Board Chair,
Urban League of Palm Beach County)
Paul A. Seal
Page 2
Pro Player Stadium 1994 - 1997
Managed the start-up of a centralized Human Resources function.
Human Resources Coordinator
. Provided guidance to leadership in all functional HR areas, i.e. compensation and benefits, recruiting,
training and development, and labor relations
. Developed, administered and maintained: personnel policies and procedures, employee handbook,
compensation program, performance evaluation program, affirmative action program and other
records, reports, and logs to conform to EEO regulations.
. Recruited all exempt and non-exempt personnel, students, and temporary employees.
. Handled employee relations counseling, outplacements counseling, exit interviewing, all personnel
training and development activities.
. Participated in developing departmental personnel goals, objectives, and systems.
. Implemented an opinion survey to provide ongoing feedback for HR enhancements.
. Developed and implemented performance management training for all management.
Florida Marlins Baseball Limited 1992 - 1994
OffIce Services Coordinator
. Responsible for all administrative staff and facility operations at several locations.
. Supervised the maintenance and alteration of office areas and equipment.
. Negotiated the purchase of office supplies and furniture, office equipment, etc. for the entire staff in
accordance with company purchasing policies and budgetary restrictions.
. Successfully led company's relocation and consolidation efforts
. Implemented inventory control system that resulted in a 20% decrease in costs associated with
office equipment and supplies.
DG Robinson and Associates 1988 - 1992
Assistant Manaaer
. Reduced absenteeism from 15.3% to 1.7%
. Devised and initiated organization wide feedback process that ina-ease customer satisfaction scores by 32%.
. Negotiated and administered contracts with vendors that increased a savings of $10,000 quarterly.
EDUCA nON
Master of Business Administration
Florida Atlantic University; Boca Raton, FL
Bachelors of Business Administration
Concentration: Human Resources Management
Athens State College; Athens, AL
PROFESSIONAL/CIVIC AFFIUATIONS and CERTIFICATIONS
Assistant Board Chair, Daughter of Zion Junior Academy, 2000 - present
Board of Directors, United Way of Palm Beach County, 2000-2002
Board of Directors, Urban League of Palm Beach County, Chairman/President of the Board, 2000-2002
Society for Human Resources Management (SHRM)
Organizational Development Certification, Unkage Inc.
Certified Diversity Facilitator, NTL
DRRAYBEACH ~~/-
.. 41 . . . D ..
~ ..... ""J 3 ~/ ~ / y/
IUI-AmericaCity ... p- ~..' -~
" II J! CITY OF DELRAY BEACH .- -(....- ~ - -J ~
L.l...-- -L/_ p' /~~_~_' '~J"r./ I
BOARD MEMBER APPLICATION yft'/oFr
1993
2001 ~-1-L17
Please inforIll2.non:
1. Las Nam.e 1\-L2-
~ W
2. ;g L vLJ C~e~ ~? S~/, Zip Co~
d3~
3_ City State Zip Code
4. Princip:a.l Busme5s AddJ:ess: City State Zip Code
/;1 gC/Stf-a~ ~ W 3~Y~
5. Home Phone: Business Phone: E-Mail Address: Cell Fhone: Fax:
cl 7..:z 6550 .1-7;7- 9 q / ,;;L
6. Arc you a .t:egistered voter? If so, where are you registered?
7. Wlut Boudes) are you interested - sec-oog? Please list in order: of pr:efe.cence: I C
..
~~
8. Lst all City Boards on wluch you ouc cuaendy se - g or: have previously setved: (P ease include dates)
~ ~
lo. List an}' related professional certIfications and liceoses which you hold: /c ~ /z-~~.d,e'?L~ %
:3 - ~ /
11. Give your present, or most .cecent employer, and position: ~ -
~
~ ~~ &~A
12, Describe experiences, skills or knovd.edge which qualify you to serve on this boud, lease artll.ch a brief resume
. ~ ~ &-
' a-...L . X ~~.",.;. ....~ .
/sL::-~ ~~~ ~ :?& 0-S4 ~~
uLb-t Id-UJ~ - -~ &L~ ~~
I hereby certify that all the above statements are trUe, and I agree and understand tha.t any misstatement of matemu facts 70
con~ >Zt.::= focfcitucc upon my part of .ny 'l'POintm~,/:: ;::-
SIGNA TIJRE ' DATE '
RECFIVED
Note: This application willre~ on. file in the Gty Cleek's Office for jl period of 2 years from the date it was
submitted. It will be the applicant's responsibility to eusute that ~ current ~pplication is alRRe.O! 2005
S'ClTYa...ellXla AI".D\Al"rlJCATlON
"Fl--.. \ ERK
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L'd BHL'm c;o ) 0 Jd'Q'
MEMORANDUM
TO: MAYOR AND CIlY COMMISSIONERS
FROM: CIlY MANAGER ttrI\
SUBJECT: AGENDA ITEM # \Q A. - REGULAR MEETING OF APRIL 19. 2005
ORDINANCE NO. 15-05 (ANNEXATION OF THIRTY-ONE (31) PARCELS,
COUNTRY CLUB ACRES)
DATE: APRIL 15, 2005
This Ordinance is before Commission for second reading and public hearing for a voluntary annexation
via the provisions of the executed Water Service Agreements for thirty-one (31) parcels of land within
Country Club Acres, located on the east side of Military Trail, south of West Atlantic Avenue.
The 6.26 acre property involves thirty-one (31) parcels. Sixteen (16) parcels are located along the north
and south side of Jefferson Road, twelve (12) parcels are located on the east and west side of Whatley
Road, and three (3) parcels are located on the east side of Lincoln Road. The 31 indivldua110ts contain
thirty (30) single family residential homes and one (1) vacant parcel. The 31 parcels have signed water
service agreements with the City (see Appendix "A") and are part of an overall annexation of the entire
subdivision.
The balance of the Country Club Acres subdivision, including the internal streets are being simultaneously
annexed by provisions in executed water service agreements or by an interlocal agreement with Palm
Beach County. The annexation of parcels by voluntary annexation petitions and the remaining parcels and
internal streets annexed by an interlocal agreement with the County, are being considered as separate
agenda items on this Commission agenda. Additional information is provided in the attached memo.
On March 21,2005, the Planning and Zoning Board held a public hearing in conjunction with the request.
There was public testimony from one (1) of the residents (property owner) and her main concern was the
approximate date in which improvements will be concluded.
After reviewing the staff report and discussing the proposal, the Board voted 5-0 to recommend to the
City Commission that the request be approved and that the parcels to be annexed continue to be subject
to Palm Beach County Land Use and Zoning designations until the City adopts a comprehensive plan
amendment and related zonings. Recommend approval based upon positive findings with respect to Land
Development Regulations (LDR) Section 2.4.5(C)(1) (Annexation of Territory - Rule) and that the
property is contiguous, reasonably compact, and does not create an enclave; and services will be provided
to the property in a manner similar to other similar properties within the City.
At the first reading on AprilS, 2005, the City Commission passed Ordinance No. 15-05.
Recommend approval of Ordinance No. 15-05 second and final reading.
S'\C,ty Clerk\agenda memos\Ord 15-05 Country Club Acres AnnexatJon 31 Parcels Water Agmts 041905
ork
Z7l1
f CITY COMMISSION DOCUMENTATION I
TO:
THRU:
--..J
FROM:
SUBJECT: MEETING OF APRIL 5, 2005
VOLUNTARY ANNEXATION OF 6.26 ACRES OF PROPERTY MADE UP OF
THIRTY-ONE (31) PARCELS LOCATED IN THE COUNTRY CLUB ACRES
SUBDIVISION WHICH HAVE SIGNED WATER AGREEMENTS WITH THE
CITY OF DELRAY BEACH LOCATED ON THE EAST SIDE OF MILITARY
TRAIL. APPROXIMATELY 160' FEET SOUTH OF ATLANTIC AVENUE.
I BACKGROUND I
The subject property consists of 6.26 acres of land and encompasses thirty-one (31) parcels.
Sixteen (16) parcels are located along the north and south side of Jefferson Road Twelve (12)
parcels are located on the east and west Side of Whatley Road and three (3) parcels are located
on the east side of Lincoln Road. The thirty-one (31) individual lots contain thirty (30) single family
residential homes, and one (1) IS a vacant parcel. These thirty-one (31) parcels have Signed
water service agreements with the City of Delray Beach (see Appendix "A") and are part of an
overall annexation of the entire subdivision.
The balance of the Country Club Acres subdivision including the internal streets are being
simultaneously annexed by either voluntary annexation agreements or by an mterlocal agreement
with Palm Beach County The annexation of parcels by voluntary annexation petitions are
included on this same Commission agenda as a separate agenda Item The remaining parcels
and internal streets being annexed by interlocal agreement with the County will be before the
commission at ItS next regular meeting and coincide with the second reading of the voluntary and
water service annexations.
Infrastructure upgrades are proposed upon annexation which includes water, sewage, drainage,
pavmg, roadway trench repair, concrete driveway repair, landscape restoration, sidewalks, and
lighting, with a preliminary estimated cost of $1,310.000 dollars. These improvements will be cost
shared between the City and County as stipulated m the interlocal agreement approved June 15,
2004. The City's estimated cost will be $850,000 and the County will reimburse the cost of
paving and drainage in an estimated amount of $460,000. Funding IS available for.
. Road improvements from 334-3162-541-65.86, $400,000 (General Construction
Fund/Road and Street FaCilities/Country Club Acres)
. Drainage Improvements from 448-5461-538-65.86, $60,000 (General Construction
FundlDrainage FaCilities/Country Club Acres)
. Water and Sewer Improvements from 441-5161-536-65.86, $786,000 (General
Construction FundlWater and Sewer Facilities/Country Club Acres).
The subject property is under the jurisdiction of Palm Beach County but is in a designated
annexation area for the City of Delray Beach (Annexation Area "D") The City has a Low Density
(LD) land use map deSignation that allows for single family residential development with a density
between zero and five units per acre The Future Land Use amendment and rezoning of the
subject property to City deSignations will follow annexation and be included in the upcoming
Comprehensive Plan Amendment to be adopted in September, 2005. Additional background and
an analYSIS of the request are found in the attached Planning and ZOning Board Staff Report
\aE
City Commission Documentation - April 5, 2005
Voluntary Annexation Country Club Acres
Page 2
~ PLANNING AND ZONING BOARD CONSIDERATION I
At its meeting of March 21, 2005, the Planning and Zoning Board held a public hearing In
conjunction with this request. There was public testimony from one of the residents (property
owner) and her main concern was the approxImate date in which improvements will be
concluded. After reviewing the staff report and discussing the proposal, the Board voted 5-0 to
recommend that the request be approved and that the parcels to be annexed continue to be
subject to Palm Beach County Land Use and Zoning designations until the City adopts a
comprehensive plan amendment and related zomngs. The request was approved based upon
pOSitive findings with respect to LOR Sections 2.4.5(C)(1), 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.
~ RECOMMENDED ACTION I
By motion, approve on first reading the ordinance for Annexation of a 6.26 acres property
encompassing thirty-one (31) parcels located on the east side of MIlitary Trail, approximately 160'
south of Atlantic Avenue, 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 cnteria set forth in Section 2.4.5(C)(1) of the LOR's, and set public hearing date of April 19,
2005
Attachment: P & Z Staff Report of March 21, 2005
ORDINANCE NO. 15-05
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH PARCELS OF LAND LOCATED IN COUNTRY
CLUB ACRES SUBDIVISION, AS MORE PARTICULARL 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; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the below-listed individuals are the fee simple owners of property
listed below located in Country Club Acres Subdivision; and
Agreement
Owner Name Legal Description Signed
Katherine A. Macrae COUNTRY CLUB ACRES N 50 FT OF L T 3 10/91
Theodore & Virginia
Gumley COUNTRY CLUB ACRES L T 13 11/92
Mark H. Garramone COUNTRY CLUB ACRES L T 14 07/91
Frederick H. Gauhs COUNTRY CLUB ACRES L T 15 07/91
Frederick H. Gauhs COUNTRY CLUB ACRES N 50 FT OF L T 16
Rigoberto & Berta
Rodriguez COUNTRY CLUB ACRES 1 ST ADD L TS 19 & 20 03/94
Leonardo J. Rodriguez &
Ana V. Carvajal COUNTRY CLUB ACRES 1ST ADD L T 21 01/96
Vicki V. Harris COUNTRY CLUB ACRES 2ND ADD L T 48 04/92
Debra J. Miller COUNTRY CLUB ACRES 2ND ADD L T 49 00/91
Aurius & Madiana COUNTRY CLUB ACRES 2ND ADD W 1/2 OF L T 51 &
Thelismon LT52 09/91
Michael J. Euteneuer Sr. COUNTRY CLUB ACRES 2ND ADD L T 56 04/96
Guillermo & Josefina
Barrabi COUNTRY CLUB ACRES 2ND ADD L T 65 03/95
Patrick M. & Cindy J.
Robert COUNTRY CLUB ACRES 2ND ADD L T 77 01/91
Barbara R. Hutchinson COUNTRY CLUB ACRES 2ND ADD L T 78 07/91
Charles A. & Rebecca R.
Woolard COUNTRY CLUB ACRES 2ND ADD L T 81 00/93
Everton Collins COUNTRY CLUB ACRES 2ND ADD L TS 100 & 101 00/99
Charlene R. Campbell COUNTRY CLUB ACRES 2ND ADD L T 76 00/93
COUNTRY CLUB ACRES 2ND ADD L T 64 AS IN
Paul M. Ricard OR2157P1955 12/94
Peter Marino COUNTRY CLUB ACRES 2ND ADD L T 66 03/99
Sirajull Siraj COUNTRY CLUB ACRES L T 12 04/00
Agreement
OWner Name Legal Description Signed
Stephen Bouboulis COUNTRY CLUB ACRES 2ND ADD L T 82 05/02
COUNTRY CLUB ACRES 2ND ADD L T 50 & E 1/2 OF
Gilbert Laurent LT 51 09/91
Jeremy Buckmier COUNTRY CLUB ACRES 2ND ADD L T 60 01/91
COUNTRY CLUB ACRES N 25 FT OF L T 2 & S 25 FT
Brian Flanagan OF L T 3 1 0/95
COUNTRY CLUB ACRES 2ND ADD L T 71 & W 1/2
Ketty Nore OF L T 72 06/92
Aurelio A .Cusett &
Consuela Valladares COUNTRY CLUB ACRES L T 1 03/95
Gail Nardiello Lasek COUNTRY CLUB ACRES 2ND ADD L T 75 01/93
Eileen P. Nevin COUNTRY CLUB ACRES 2ND ADD L T 70 01/92
Amin Saigg COUNTRY CLUB ACRES 2ND ADD L TS 79 & 80 03/99
Richard L. & Megan COUNTRY CLUB ACRES 2ND ADD E 1/2 OF L T 72 &
Guarine Jr. LT73 00/91
COUNTRY CLUB ACRES S 25 FT OF L T 16 & N 25 FT
Angelina J. Soyka OF L T 17 02/91
Katherine A. Macrae COUNTRY CLUB ACRES N 50 FT OF L T 3 10/91
WHEREAS, pursuant to the Agreement for Water and Sewer Service and Consent
to Annexation and Stormwater Management Assessment executed on the date listed
above, the City of Delray Beach intends to annex the subject properties into the
municipal limits of the City of Delray Beach; and
WHEREAS, the subject properties hereinafter described is contiguous to the
corporate limits of the City of Delray Beach, Florida; and
WHEREAS, the City of Delray Beach has heretofore been authorized to annex
lands in accordance with Section 171.044 of the Florida Statutes; and
WHEREAS pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held
a public hearing and considered the subject matter at its meeting of March 21, 2005, and
voted 5 to 0 to recommend that the annexation be approved, based upon positive
findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and
Zoning Board, sitting as the Local Planning Agency, has determined that the changes are
consistent with and furthers the 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
2 ORD NO. 15-05
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
DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the City Commission of the City of Delray Beach, Palm Beach County,
Florida, hereby annexes to said City the following described land located in Palm Beach County,
Florida, which lies contiguous to said City to-wit:
Lot 1, North 25 feet of Lot 2, South 25 feet of Lot 3, North 50 feet of Lot 3, Lots
12-15, Inclusive, North 50 feet of Lot 16 AND South 25 feet of Lot 16 & North 25
feet of Lot 17, Plat of Country Club Acres, as recorded in Plat Book 24, Page 10
of the Public Records of Palm Beach County, Florida.
Together with;
Lots 19-21, Inclusive, Plat of First Addition to Country Club Acres, as recorded in
Plat Book 24, Page 16 of the Public Records of Palm Beach County, Florida.
Together with;
Lots 48-52, Inclusive, Lot 56, Lot 60, Lots 64-66, Inclusive, Lots 70-73, Inclusive,
Lots 75-82, Inclusive, Lot 100 AND Lot 101, Plat of Second Addition to Country
Club Acres, as recorded in Plat Book 24, Page 21 of the Public Records of Palm
Beach County, Florida.
Section 3. That the boundaries of the City of Delray Beach, Florida, are hereby redefined
to include therein the above-described tract of land and said land is hereby declared to be within
the corporate limits of the City of Delray Beach, Florida.
Section 4. That the land hereinabove described shall immediately become subject to all
of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to
which lands in the City of Delray Beach are now or may be subjected, including the Stormwater
Management assessment levied by the City pursuant to its ordinances and as required by
Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City
of Delray Beach, Florida.
3 ORD NO. 15-05
Section 5. That this annexation of the subject property, including adjacent roads, alleys,
or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility
for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to
current requirements and conditions.
Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 7. 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 8. That this ordinance shall become effective immediately upon Passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this
the day of ,20_.
ATTEST MAYOR
City Clerk
First Reading
Second Reading
4 ORD NO. 15-05
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N COUNTRY CLUB ACRES ANNEXATION
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CITY OF OELRA Y BEACH. FL ~ - SIGNED WATER SERVICE AGREEMENT ~ "'\... ... - MUNICIPAL CITY LIMITS
PLANNING'" ZONING DEPARTMENT
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PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT ---
MEETING March 21, 2005
DATE:
AGENDA ITEM: IV.B.
ITEM: City Initiated and Voluntary Annexation for 9.14 Acres of land which
Contain Forty Six (46) Parcels located on the East Side of Military
Trail just 160' South of Atlantic Avenue. Thirty one (31) of these
Parcels Have Signed Water Agreements and Fifteen (15) Have Signed
Voluntary Annexation Petitions with the City of Defray Beach.
GENERAL DATA: I
Owner/Applicant....... ... ............... City of Delray Beach DELPA Y D
SQUARIO
Agent..... ... ........ .... ..... ....... ... ....... City of Delray Beach PLAZA
location..................................... . Eas side of Military Trail, !
approximately 160 ft south ~[Oo~
of West Atlantic Avenue. !
Property Size. ..... ...... .......... ........ 9.14 Acres ~ D PUBUX I
Existing County Future land Use Map I ,
Designation ....... ......... ........ MR-5 (MedIum Residential i
i
0-5 du/ac) ;
Proposed City Future land Use Map ."","G"'" "ROC U '
MUTUAL UNION f:, \
Designation........................ . ~ W ATLANTIC AV
Existing County Zoning............... AR (Agricultural Residential) "~I
Proposed City Zoning.................
Adjacent Zoning................ North: City PC (Planned . .
Commercial) and GC DELRA Y . -
WEST . .
(General Commercial) PLAZA . -
East: City RM-8 (Residential ,I . -
i . 1
Medium Density 8 du/ac) I' .
I -
South: City R-1-A (Single Family . ;.
. ..
Residential) and OSR .
. .. .
(Open Space Recreational) . . . . .. .
.
. .
West: RM-9 (Residential Medium .
. .
Density 9du/ac) . .
1 . . ..
Existing land Use...................... Single Family Homes and .:1
...... . . .. . .
Vacant Land. .
Proposed land Use.................... Annexation to obtain City .
Services {Water & Sewer I
for Existing Single Family I
Homes ,
Water Service.......... ..... .............. Water service will be i
i
available via connection to a 1
8" water main that will be
located along Whatley Road I
Jefferson Road and Lincoln i
Road. 1
Sewer Service.................. ........... Sewer service will be
available via a 4" force main
that will be located along
Whatley Road Jefferson
Road and Lincoln Road. ,
IV.B.
I ITEM BEFORE THE BOARD I
The action before the Board is that of making a recommendation to the City Commission on a
voluntary Annexation for 9.14 acres of land which includes forty six (46) parcels located on the
east side of Military Trail just 160' south of Atlantic Avenue. Thirty one (31) of these parcels
have signed water agreements (see Appendix "A") which includes a voluntary annexation
clause and fifteen (15) have signed voluntary annexation agreements (see Appendix "B") with
the City of Delray Beach.
Pursuant to Land Development Regulations (LDR) Section 2.2.2(E) (6), the Local Planning
Agency (Planning & Zoning Board) shall review and make a recommendation to the City
Commission with respect to the annexation of any property within the City.
I BACKGROUND/PROJECT DESCRIPTION I
The subject property consists of 9.14 acres of land and encompasses forty six (46) parcels.
Seventeen (17) parcels are located along the north and south side of Jefferson Road. Fifteen
(15) parcels are located on east and west side of Whatley Road and fourteen (14) parcels are
located on the north, south and east side of Lincoln Road.
The properties are bound to the south by the LWDD L-34 Canal; to the north by Delray West
Plaza and World Saving Bank; to the west by Military Trail and a veterinary clinic; and, to the
east side by Sherwood Forest residential development. The subject property consists of 46
individual lots plus the respective right-of-ways for Lincoln Road, Whatley Road and Jefferson
Road. Forty-two (42) of these parcels contain single family residential homes, while four (4)
are vacant residential parcels. The parcels can be accessed to the north from West Atlantic
Avenue via Whatley Road and to the west from Military Trail via Jefferson and Lincoln Road.
Thirty-one (31) out of these 46 parcels have signed water agreements (see Appendix "A") with
the City of Delray Beach which contains a voluntary annexation clause and fifteen (15) have
signed voluntary annexation agreements (see Appendix "B").
On April 19, 2005, the City and the County executed an Interlocal Agreement which identifies
improvements and cost sharing for the Country Club Acres subdivision. Rather than the normal
related cost sharing ratios of 1/3 County, 1/3 City and 1/3 residents, a commitment will be
made by the County and City to cover the entire cost if the property was annexed.
Water service is currently installed within Jefferson Road and a portion Whatley Road. A
water main extension is proposed as part of the planned improvements which will be installed
after annexation This extension will include Lincoln Road and the remaining portion of
Whatley Road that is not currently served. Infrastructure improvements include water and
sewage, drainage, road pavement, roadway trench repair, concrete driveway repair, landscape
restoration, sidewalks, and lighting, with a preliminary cost estimated to be approximately
$1,380.000 dollars. Sewer will be extended throughout the entire subdivision, via gravity
connections at the west end of Jefferson Road and Sherwood Forest Drive respectively.
The estimated cost of improvement does not include plumbing connections from the residence
to the point of service of the City system. Each owner will be charged water and sewer
connection fee, a meter deposit fee, and a meter installation fee for a total of $2,372 to be
assessed with a payment plan over a period of years.
Planning and Zoning Board Meeting of 03/21/05: Staff Report
Country Club Acres - Annexation of 46 Parcels with Water Agreements and Voluntary Annexation Petitions
Page 2
The subject property is under the jurisdiction of Palm Beach County but is in a designated
annexation area for the City of Delray Beach (Annexation Area "0"). The City has a Low
Density (LD) land use designation that allows for single family residential development with a
density between zero and five units per acre. The Future Land Use amendment and rezoning
of the subject property will be incorporated with the amended Comprehensive Plan to be
adopted in September 2005.
An application is now before the Board regarding a City initiated Voluntary Annexation of these
forty six parcels.
I ANNEXATION . AN~[Y$J$ ~
Florida Statues Governina Voluntary Annexations:
Pursuant to the Florida Statutes 171.044 "the owner or owners of real properties in an
unincorporated area of the County, which is contiguous to a municipality and reasonably
compact may petition the governing body of said municipality that said property be annexed to
the municipality". Pursuant to F. S. 171.044 (5) "land shall not be annexed through voluntary
annexation when such annexation results in the creation of enclaves".
Pursuant to F.S. 171.031 (13), an "enclave" is (1) any unincorporated improved or developed
area that is enclosed within and bounded by a single municipality and a natural or manmade
obstacle that allows the passage of vehicular traffic to that unincorporated area only through
the municipality.
. The property is contiguous with the City and reasonably compact. With regard to
creation of an enclave, in order to access the property one must first travel through
the City. Thus, the total 9.14 acres is currently an enclave. The annexation will
reduce this enclave which is consistent with Florida Statutes. The remaining seven
(7) enclaves which make up the balance of the subdivision will be under 10 acres
and are subject to annexation via an interlocal agreement pursuant to F.S. 171.046.
land Development Reaulations Governina Annexations:
Pursuant to the Land Development Regulations 2.4.5 (C) (1) "the owner of land may seek the
annexation of contiguous property, under his ownership" pursuant to Florida Statutes. The
property owner has voluntarily petitioned for this annexation. Thirty one (31) of the property
owners have signed water agreements which commits them to be annexed into the City and
fifteen (15) have signed voluntary annexation petitions with the City of Delray Beach (see
Appendix "A").
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN:
Desianated annexation area: The territory to be annexed is located within the designated
annexation area "0" located on the east side of Military Trail south of Atlantic Avenue.
Annexation of the subject territory is consistent with the Future Land Use Element Policy B-
3.5, which calls for annexation of eligible properties through voluntary annexations as the
opportunities arise.
Planning and Zomng Board Meeting of 03/21/05: Staff Report
Country Club Acres - Annexation of 46 Parcels with Water Agreements and Voluntary Annexation Petitions
Page 3
CONCURRENCY:
Provision of Services: Future Land Use Element B-3.1 states that when annexation of
property occurs, services are to be provided in a manner which is consistent with services
provided to other similar properties already in the City. What follows is a discussion of
required services and the manner in which they will be provided.
Police: The subject property is currently served by the Palm Beach County Sheriffs Office,
located at 345 South Congress Avenue, which serves the South County area. The property
lies within Sheriff Patrol zone 7. Zone seven is bordered by Jog Road on the west, the Delray
Beach City Limits on the east, and Atlantic Avenue on the north and Clint Moore Road to the
south. One officer is assigned to a particular zone during a shift (three shifts per day). The
City of Delray Beach's Police Department has 14 cars per shift patrolling a 15 square mile
area during the day and 15 cars during the night; and as a consequence, response time will
be significantly improved upon annexation. Annexation will not require additional manpower
since the police currently pass the property during routine patrolling to the north, west and
east of the property.
Fire and Emeraencv Services: The municipal area is served by Fire Station No. 4 (Barwick
Road and Lake Ida Road). With annexation, the property will receive an improved response
time from the current 5.5 minutes of the County's Fire Department (Fire Station #42 located
on Hagen Ranch Road close to the Turnpike) to 2.5 minutes for the City's Fire Department
(Fire Station #4 located at Barwick and Lake Ida Road or Fire Station #5 located on
Germantown Road).
Parks and Recreation: The City provides 127 acres of activity based recreation facilities such
as tennis, baseball, basket ball, soft ball and other similar sports. An additional 247 acres are
considered resource based activities such as beaches and lakes for swimming, boating
picnicking, hiking, and other activities excluding golf courses. Within recreation areas,
amenities and facilities are provided to meet the demand for leisure opportunities for all
segments of the community. Besides the facilities provided by the City and County,
numerous recreational amenities are provided by local schools and private development. The
City of Delray Beach provides a ratio of eight (8) acres of park and recreational facilities per
1,000 people while the current national ratio is 3 acres of park and recreational facilities per
1,000 people. This indicates that the City will have sufficient recreation facilities at build-out
to meet the adopted standards and future demand.
Schools: Country Club Acres east of Military Trial is an already built and well established
urban community. Therefore, a concurrency finding from the Palm Beach County School
District is not required.
Solid Waste: Forty two (42) out of the forty six parcels currently contain single family homes
while four (4) are vacant parcels and therefore have a minor impact on this level of service
standard. Assuming the total number of single family homes as built (95 units) the subject
properties will generate 189.05 tons of solid waste per year (1.99x95=189.05). The increase
can be accommodated by existing facilities and thus, will not have a significant impact on this
level of service standard.
Water: Water service is currently being provided to properties on Jefferson Road and a
portion Whatley Road. The proposed water improvements to be constructed by the City after
annexation will include Lincoln Road and the remaining portion of Whatley Road. Once the
Planning and Zoning Board Meeting of 03/21/05 Staff Report
Country Club Acres - Annexation of 46 Parcels with Water Agreements and Voluntary Annexation Petitions
Page 4
proposed infrastructure improvements are completed municipal water selVice will be available
via connection to the new 8" water main for all properties within the subdivision. Along the
new mains, fire hydrants will be installed with a minimum spacing of 400 feet.
Sewer: The proposed sewer will be installed throughout the entire subdivision, with gravity
connections to the west end of Jefferson Road and Sherwood Forest Drive respectively.
Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central
County Waste Water Treatment Plant for the City at build-out.
Streets: The parcels can be accessed to the north from West Atlantic Avenue via Whatley
Road and to the west from Military Trail via Jefferson and Lincoln Road. Those portions of
the right-of-way of Lincoln Road, Jefferson Road and Whatley Road located within the
Country Club Acres sub-division (east of Military Trail) will be annexed into and included in the
corporate boundaries of the City of Delray Beach. This will include acceptance by the City of
ownership and maintenance of the right-of-way of those portions of Lincoln, Jefferson and
Whatley Roads, and responsibility for providing emergency selVices in those areas.
Country Club Acres east of Military Trail is an existing already built community that complies
with the Traffic Performance Standards in Article 12 of the Palm Beach County Land
Development Code. Based upon the above a positive finding with respect to traffic
concurrency can be made. There will be a mutual agreement by the City and County
pursuant to Section 335.0415, Florida Statutes (2004), for the transfer of the responsibility for
operation and maintenance of the public right-of-way of those portions of Lincoln, Jefferson
and Whatley Roads from Palm Beach County to the City of Delray Beach.
In addition to the utilities that are being installed as part of the interlocal agreement roadway
improvements consisting of drainage, road pavement, roadway trench repair, concrete
driveway repair, landscape restoration and beautification, sidewalks installation, lighting and
signage will be provided, with a preliminary cost estimated to be approximately $1,380.000
dollars.
Financial Impacts - Effect upon Annexed Property:
The following table (Table #1) depicts the current taxable value, the total County taxes and
the tax difference upon annexation into the City for the subject properties:
Planning and Zoning Board Meeting of 03/21/05: Staff Report
Country Club Acres - Annexation of 46 Parcels with Water Agreements and Voluntary Annexation Petitions
Page 5
Table # 1
NUMBER EXEMPTION VALUE 2004 I TAXES TAXES TAXES MILLAGE MILLAGE TAXES
00424613010000031 25,00000 25,27500 498 06 234 00 732 06 19705719 23 774565 834.90 10284
00424613010000130 25,000.00 55,37000 1,091 11 234 00 1 ,325 11 19705719 23 774565 1,550.40 225 29
00424613010000140 25,000 00 40,71500 802 32 234 00 1,036 32 19705719 23774565 1,201.98 16566
00424613010000150 25,000.00 83,556.00 1,646.53 234 00 1,880 53 19705719 23.774565 2,220.51 339 98
00424613010000161 0.00 29,16000 57462 3300 607.62 19705719 23.774565 864.92 14238
00424613020000190 000 117,697.00 2,31930 234 00 2,553.30 19705719 23.774565 3,032.19 47889
00424613020000210 25,000.00 27,528 00 542 46 234 00 776.46 19705719 23.774565 888.47 112.01
00424613030000480 25,000.00 35,226.00 694.15 234.00 928.15 19.705719 23.774565 1,071.48 14333
00424613030000490 0.00 108,975 00 2,14743 234.00 2,381.43 19705719 23.774565 2,824.83 443.40
00424613030000511 25,000.00 48,863 00 962 88 234.00 1,196.88 19705719 23 774565 1,395.70 198.82
00424613030000560 25,000.00 55,852 00 1,100.60 234 00 1,334 60 19705719 23.774565 1,561.86 227.25
00424613030000770 25,000 00 42,461 00 836 72 234 00 1,070 72 19.705719 23.774565 1 ,243 49 172.77
00424613030000780 0.00 119,43500 2,353 55 234 00 2,587.55 19.705719 23.774565 3,073 52 485.96
00424613030000810 25,000 00 66,41300 1,308.72 234 00 1,542 72 19705719 23.774565 1,812.94 270.22
00424613030001000 25,00000 73,046 00 1,439.42 234 00 1,673.42 19.705719 23.774565 1,970.64 297.21
00424613030000760 25,000 00 49,263.00 970.76 234 00 1,204.76 19.705719 23.774565 1,405 21 200.44
00424613030000640 25,000.00 47,82200 942 37 234 00 1,176.37 19.705719 23.774565 1,370 95 194.58
00424613030000660 000 96,275.00 1,897.17 234.00 2,131.17 19.705719 23.774565 2,522.90 391.73
00424613010000120 25,000 00 48,738.00 960.42 234.00 1,194.42 19.705719 23 774565 1 ,392 72 198.31
00424613030000820 25,000.00 90.524.00 1,783.84 234.00 2,017 84 19.705719 23774565 2,386 17 368.33
00424613030000500 000 121,676.00 2,397.71 234 00 2,631 71 19.705719 23.774565 3,126.79 495.08
00424613010000022 000 88,75300 1,748.94 234.00 1,98294 19.705719 23774565 2,34406 36112
00424613030000710 25,000 00 67,358.00 1,327.34 234 00 1,561 34 19.705719 23 774565 1,83541 274.07
00424613010000010 25,000.00 78,646.00 1,549.78 234.00 1,78378 19.705719 23774565 2,10377 320.00
00424613030000750 0.00 88,410.00 1,742.18 234.00 1,97618 19.705719 23774565 2,335.91 359.73
00424613030000700 25,000.00 51,821.00 1,021.17 234.00 1 ,255 17 19.705719 23.774565 1,466.02 21085
00424613030000790 0.00 167,007.00 3,290.99 234.00 3,524.99 19.705719 23.774565 4,204.52 679 53
00424613030000721 25,000.00 30,352.00 598.11 234 00 832 11 19.705719 23 774565 955.61 123.50
00424613010000162 000 118,675.00 2,338.58 234.00 2,572.58 19705719 23.774565 3,055.45 482.87
00424613020000310 25,000.00 26,347.00 519.19 234.00 75319 19.705719 23 774565 860.39 10720
00424613030000880 25,000.00 45,916.00 904.81 234.00 1,138.81 19.705719 23 774565 1,325.63 18683
00424613020000391 25,000 00 58,842.00 1,159.52 234.00 1,393 52 19.705719 23 774565 1,632.94 239 42
00424613030000870 25,000 00 64,024.00 1,261.64 234.00 1 ,495 64 19.705719 23.774565 1,756.14 260.50
00424613030001120 25,000.00 74,028.00 1,458.77 234.00 1,692.77 19705719 23.774565 1,993.98 301 21
00424613030001190 25,000 00 65,703.00 1,294.72 234.00 1,52872 19.705719 23.774565 1,79606 267.34
00424613010000180 000 80,559.00 1,587.47 234.00 1,821.47 19.705719 23.774565 2,149.26 327.78
00424613010000021 0.00 92,956.00 1,831.76 234.00 2,065 76 19.705719 23 774565 2,443.99 378.22
00424613030000960 25,000 00 115,074.00 2,267.62 234 00 2,501 62 19.705719 23774565 2,969.83 468 22
00424613030000950 0.00 31,104.00 612.93 33.00 645.93 19.705719 23774565 772 48 12656
00424613030000530 000 29,160.00 57462 33.00 607.62 19.705719 23.774565 726.27 11865
00424613030000890 000 31,104.00 612.93 33.00 645.93 19.705719 23774565 772 48 126.56
00424613030001030 25,000.00 72,753.00 1,433.65 234 00 1,667.65 19.705719 23.774565 1,963 67 296.02
00424613030000940 0.00 116,027.00 2,286.40 234 00 2,520 40 19.705719 23 774565 2,992.49 472.10
00424613030001110 000 127,078.00 2,504 16 234 00 2,738.16 19.705719 23.774565 3,255.22 517.06
00424613030000650 25,00000 32,121.00 632.97 234 00 866 97 19.705719 23.774565 997.66 130.70
00424613030000600 25,000 00 74,835 16 1,474.68 234 00 1,708 68 19705719 23.774565 2,011 05 304.13
(UIAL 675,000.00 3,212,52316 63,305 08 9,96000 73,265 08 19705719 23.774565 86,472 87
Planning and Zoning Board Meeting of 03/21/05 Staff Report
Country Club Acres - Annexation of 46 Parcels with Water Agreements and Voluntary Annexation Petitions
Page 6
For the 2004 tax year the subject property (forty six parcels) had a combined taxable value of
$3,212,434.00. With the change from County to City jurisdiction, the following taxes and
rates will be affected:
~~..--_.-
ADVAI.OREM COUNTY COUNTY WITH CITY CITY
TAXES TAXES MILLAGE ANNEXATION TAXES MILLAGE
SECTION.1 ..--.----. .-.....--.. --'-' .-- -
.... -..-... ..- -.-. --..
Children Service Council 2,227 21 3 202280 DELETE 0.00 0.000000
Fire/Rescue MSTU 10,277.51 0.436500 DELETE 000 o 000000
Flonda Inland Navegation 123.70 0.430000 DELETE 000 o 000000
Health Care District 3,503.65 0.690189 3,503 65 0690189
Palm Beach County 14,45589 1.230600 14,455.89 1 230600
Palm Beach County Debt 859 98 4.362354 859.98 4 499980
Palm Beach County library 1,735 69 o 186337 1,735.69 0.186337
Palm Beach County Library Debt 1,71447 0038490 1,714.47 o 038490
Public Schools Debt Serv 88018 o 273986 880.18 0.273986
Public Schools Loc Board 8,326.55 2 592000 8,326 55 2.592000
Public Schools State Law 17,88029 5 565993 17,880.29 5.565993
SFWMD District 1,917.81 o 597000 1,917 81 0.597000
SFWMD Everglades Const. 321.35 0.099990 321 35 o 099990
City of Delray Beach 7.466100 Added (City) 23,984.35 7.466100
City of Delray Beach Debt 0.533900 Added (City) 1,715.12 o 533900
SUB-TOTAL 64,224.28 19.705719 Difference- 77,295.33 23.774565
4.068780
* Total tax millage in the County is 19.705719 mills while in the City the total millage is
23.774565 mills. Therefore, the difference is 4.068780 mills.
The current yearly ad valorem taxes for all properties is $62,224.28. With annexation the
yearly ad valorem tax for all properties will be $77,295.33, (64,224.28+13,071.05=77,295.33);
a tax difference of $13,071.33 (3,212.523.16x4.06878/1000=13,071.049). In addition to
property taxes, the following Non Ad Valorem fiscal responsibility will apply:
Delray Beach Storm Water Utility - This assessment is based upon the percentage of
impervious area of the buildings, parking areas, etc. As the property has been developed or
subdivided for residential purposes, an assessment of $40.50 per unit is applied. A 25%
discount from the assessment is available since the property is within the Lake Worth
Drainage District.
Solid Waste Authority - The Military Trail annexation areas are serviced under a new
contract by Waste Management (pursuant to a contract awarded October 1, 2003). City's
contract is currently through Waste Management. Pursuant to Florida Statute 171.062 (4) (a)
" if a party has an exclusive franchise which is in effect for at least six months prior to the
initiation of an annexation, the franchise may continue to provide such services to the
annexed area for five years or the remainder of the franchise term whichever is shorter".
Thus, the waste service provider will not change with annexation.
Planning and Zoning Board Meeting of 03/21/05: Staff Report
Country Club Acres - Annexation of 46 Parcels with Water Agreements and Voluntary Annexation Petitions
Page 7
Resulting Impacts to Property Owner:
I SUMMARY OF IMPACTS ON THE COUNTRY CLUB ACRES PROPERTY I
FINANCIAL CONSIDERATIONS
AD VALOREM TAXES 2004 + $90 - $527
City Mills. County Mills
23.7745 - 19.7057 = 4.0687
NON AD VALOREM TAXES 2004
Stormwater Assessment (@ $40.50 per unit) $40.50
Solid Waste Collection $0.00
WATER & SEWER UTILITY FEES $0.00
ANNUAL FINANCIAL IMPACT: + $90 - $527
Water & sewer connection & meter installation fee per unit (one time fee) + $2,372.00
SERVICE CONSIDERATIONS
Fire Response + Faster response from an estimated 5.5
minutes (County) to 2.5 minutes (City).
Emergency Medical + Faster response from an estimated 5.5
Services (EMS) minutes (County) to 2.5 minutes (City)
Police + Better response based upon more officers
in field; 14 patroll cars per shift daytime,
15 patrol cars during the night.
Code Enforcement + Pro-active vs reactive opportunity to work
Fiscal Impacts to the City: At the 2003/2004 City operating milage of 7.46 mills and debt rate
of 0.53 mills, the property will generate approximately $24,844.54 in new ad valorem taxes
per year. Additional revenues will be realized through increased property values as a result of
infrastructure improvements, building permit fees, the annual collection of the storm water
assessment fee as well as utility taxes (9.5% electric, 7% telephone) and franchise fees on
electric, telephone, and cable.
POSITIVE FISCAL IMPACT TO THE CITY
AD VALOREM TAXES 2004
City of Delray Beach (7.4661 Mills) 23,985.02
City of Delray Beach Debt (0.5339 Mills) 1,715.17
SUB-TOTAL + $25,700.19
NON-AD VALOREM TAXES
Storm Water Assessment (@ $40 50 per unit) $1,863.00
SUB-TOTAL (PER YEAR) + $27,563.19
WATER & SEWER CONNECTION & METER INSTALLATION FEE
Water\sewer connection & meter installation fee <m $2.372 o/unit (one tlm. + 109.112.00
TOTAL + $136,675_19
- ---- NEGATIVE FISCAL IMPACT TO THE CITY
n;iaiCost''Of C'onstructlon $1,380:000 _____.____u. - - - -.- ---------- .--
(50 % County and 50"/0 City) for:
- Roadway restoration on Lmcoln Road
- Sewer for entire subdivision via gravity connections
- Water extensions to include Lincoln Road and a portion
of Whatley Road, drainaae. sidewalks, fire hydrants, landscaping, and ~- $690,000_00
TOTAL .--- - -- --- $690.000.00
__u.__. m... _ ______ __~~~~ICE CONSIDERATIONS" . "
__ __ ___ ___ .__ n __ _ ___
Fire Response + Faster response from an estimated 5.5
minutes (County) to 2.5 minutes (City)
Emergency Medical + Faster response from an estimated 5.5
Services (EMS) minutes (County) to 2.5 mmutes (City).
Pollee + Better response based upon more officers
in field; 14 patroll cars per shift daytime,
15 oatral cars durina the niaht
Code Enforcement + Pro-active vs reactive oooortunity to work
Planning and Zoning Board Meeting of 03/21/05: Staff Report
Country Club Acres - Annexation of 46 Parcels with Water Agreements and Voluntary Annexation Petitions
Page 8
REQUIRED FINDINGS: Pursuant to LOR Section 2.4.5(C)(4), the City Commission must
make findings that the annexation is consistent with Objective B-3 of the Future Land
Use Element, and complies with F.S. 171.
As stated above, the subject property is located within a designated annexation area, Area D.
Its annexation is consistent with the Objective B-3 of the Future Land Use Element. Also, the
annexation complies with Florida State Statutes Section 171 as it pertains to annexations.
I REVIEW BY OrflJ;:~S 1
The subject properties are not in an area that requires review by the Community
Redevelopment Agency (CRA) or Downtown Development Authority (DDA).
Palm Beach County Notice:
On March 07, 2005 the Palm Beach County Planning Division was notified of the City's intent
to annex this property. No response has been received yet. However, the County is a partner
via the interlocal agreement to the annexation and related infrastructure improvements
Lake Worth Drainaae District:
On March 07, 2005, Lake Worth Drainage District was notified of the City's intent to annex this
property. No objections have been received.
IPARC Notice:
Notice of the Future Land Use Amendment has also been provided to the Interlocal Plan
Amendment Review Committee (IPARC) which distributes the information to adjacent
municipalities. No objections have been received
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
o Bill Rice, Sherwood Forest
o Carolyn Zimmerman, President Council
o Herbert Levine, Hamlet Residents Association
o Jerry Franciosa, PROD (Progressive Residents of Delray)
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.
Planning and Zoning Board Meeting of 03/21/05: Staff Report
Country Club Acres - Annexation of 46 Parcels with Water Agreements and Voluntary Annexation Petitions
Page 9
I ASSESMENT AND CONCLUSION I
Accommodating the annexation of this property is consistent with the City's program for
annexation of territory within its planning and service area. The City has a low Density (lD)
land use designation that allows for single family residential development with a density
between zero and five units per acre. The Future land Use amendment and rezoning of the
subject property will follow this action with Comprehensive Plan Amendment 2005-1. The
annexation will provide better Police, Fire, EMS and Code Enforcement services. The property
will experience a slight increase in ad valorem taxes but this is more than offset with
infrastructure improvements of approximately 1.3 million dollars.
The City will receive additional revenue from property taxes, in addition to storm water
assessment fees utility taxes, franchise fees, and licensing fees upon future development or
property improvement. The total immediate revenue increase is approximately $24,844.54, a
year. Infrastructure improvements will include water and sewage, drainage, road pavement,
roadway trench repair, concrete driveway repair, landscape restoration, sidewalks, and
lighting. Based upon the above, the proposed Annexation should be approved.
I ALTERNATIVE ACTIONS I
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the City initiated and
voluntary annexation for the subject property (known as Country Club Acres), 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 Sections
2.4.5(C)(4) and 3.1.1 of the land Development Regulations and complies with Florida
Statutes Chapter 171.
C. Move a recommendation of denial to the City Commission for the City initiated and
voluntary annexation for the subject property (known as Country Club Acres), 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
Sections 2.4.5(C)(4) and 3.1.1 of the land Development Regulations and does not comply
with Florida Statutes Chapter 171.
I RECO"MMENDEO"A:CTION I
Move a recommendation of approval to the City Commission for the City initiated and voluntary
annexation for the subject property (known as Country Club Acres), 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 Sections 2.4.5(C)(4) and 3.1.1 of the
land Development Regulations and complies with Florida Statutes Chapter 171.
Attachments: Location Map
Staff Report Prepared by: Estelio Breto, Senior Planner
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MEMORANDUM
TO: MAYOR AND CIlY COMMISSIONERS
FROM: CITY MANAGER ot1
SUBJECT: AGENDA ITEM # \0& - REGULAR MEETING OF APRIL 19, 2005
ORDINANCE NO. 14-05 (ANNEXATION OF FIFTEEN (15) PARCELS.
COUNTRY CLUB ACRES)
DATE: APRIL 15, 2005
This Ordinance is before Commission for second reading and public hearing for a voluntary annexation of
fifteen (15) parcels of land within Country Club Acres, located on the east side of Military Trail, south of
West Atlantic Avenue.
The 2.88 acre property involves fifteen (15) parcels. One (1) parcel is located along the north side of
Jefferson Road, four (4) parcels are located on the east and west side ofWhadey Road, and ten (to) parcels
are located on the north and south side of Lincoln Road. The 15 individuallots contain twelve (12) single
family residential homes and three (3) vacant parcels. The 15 parcels have signed voluntary annexation
agreements with the City (see Appendix "B") and are part of an overall annexation of the entire
subdivision.
The balance of the Country Club Acres subdivision, including the internal streets are being simultaneously
annexed by provisions in executed water service agreements or by an interlocal agreement with Palm
Beach County (see attached map). The annexation of parcels having executed water service agreements,
and the remaining parcels and internal streets annexed by an interlocal agreement with the County, are
being considered as separate agenda Items on this Commission agenda. Additional information is
provided in the attached memo.
On March 21, 2005, the Planning and Zoning Board held a public hearing in conjunction with the request.
There was public testimony from one (1) of the residents (property owner) and her main concern was the
approximate date in which improvements will be concluded.
After reviewing the staff report and discussing the proposal, the Board voted 5-0 to recommend to the
City Commission that the request be approved and that the parcels to be annexed continue to be subject
to Palm Beach County Land Use and Zoning designations until the City adopts a comprehensive plan
amendment and related zonings. Recommend approval based upon positive findings with respect to Land
Development Regulations (LDR) Section 2.4.5(C)(1) (Annexation of Territory - Rule) and that the
property is contiguous, reasonably compact, and does not create an enclave; and services will be provided
to the property in a manner similar to other similar properties within the City.
At the first reading on April 5, 2005, the City Commission passed Ordinance No. 14-05.
Recommend approval of Ordinance No. 14-05 second and final reading.
s.\c.ty Clerk\agenda memos\Ord 14-05 Country Club Acres Annexation 15 Parcels 041905
I ff4
CITY COMMISSION DOCUMENTATION I
TO:
THRU: OR OF PLANNING AND ZONING
FROM:
SUBJECT: MEETING OF APRIL 5, 2005
VOLUNTARY ANNEXATION FOR 2.88 ACRES OF PROPERTY MADE UP OF
FIFTEEN (15) PARCELS LOCATED IN THE COUNTRY CLUB ACRES SUBDIVISION
WHICH HAVE SIGNED VOLUNTARY ANNEXATION AGREEMENTS WITH THE CITY
OF DELRAY BEACH.
I BACKGROUND I
The subject property consists of 2 88 acres of land and Involves fifteen (15) parcels One (1) parcel IS
located along the north side of Jefferson Road. Four (4) parcels are located on the east and west side of
Whatley Road and ten (10) parcels are located on the north and south side of Lincoln Road. The 15
individual lots contain twelve (12) single family residential homes, and (3) are vacant parcels. These
fifteen (15) parcels have signed voluntary annexation agreements with the City of Delray Beach (see
Appendix "B") and are part of an overall annexation of the entire subdivision
The balance of the Country Club Acres subdivision Including the internal streets are being simultaneously
annexed either by provisions in executed water service agreements or by an interlocal agreement with
Palm Beach County (see attached map). The annexation of parcels having executed water service
agreements are being considered as a separate agenda Item on this CommissIon agenda The
remaining parcels and internal streets will be annexed by interlocal agreement with the County which will
be before the commission at its next regular meeting and coincide with the second reading of both the
voluntary and water service agreement annexations.
Infrastructure upgrades are proposed upon annexation which includes water, sewage, drainage, paving,
roadway trench repair, concrete driveway repair, landscape restoration, sidewalks, and lighting, with a
preliminary estimated cost of $1,310 000 dollars. These Improvements will be cost shared between the
City and County as stipulated in the interlocal agreement approved June 15, 2004 The City's estimated
cost will be $850,000 and the County will reimburse the City the cost of paving and drainage in an
estimated amount of $460,000 Funding IS available for:
. Road improvements from 334-3162-541-65.86, $400,000 (General Construction Fund/Road and
Street Facilities/Country Club Acres).
. Drainage improvements from 448-5461-538-65.86, $60,000 (General Construction
Fund/Drainage FaCIlities/Country Club Acres).
. Water and Sewer Improvements from 441-5161-536-65.86, $786,000 (General Construction
FundlWater and Sewer Facilities/Country Club Acres)
The subject property IS under the jurisdiction of Palm Beach County but IS in a designated annexation
area for the City of Delray Beach (Annexation Area "D"). The City has a Low Density (LD) land use map
deSignation that allows for single family residential development With a density between zero and five
units per acre The Future Land Use amendment and rezoning of the subject property will follow
annexation and be Included In the upcoming ComprehenSive Plan Amendment to be adopted In
September, 2005. Additional background and an analysis of the request are found in the attached
Planning and Zoning Board Staff Report.
\Ct~
City Commission Documentation
Meeting of Apnl 5, 2005
Country Club Acres Annexation' Forty SIX (46) Parcels with Water Agreement and Voluntary Annexation Petrtlons Signed
Page 2
r PLANNING AND ZONING BOARD CONSIDERATION I
At its meeting of March 21, 2005, the Planning and Zoning Board held a public hearing in conjunction with
this request. There was public testimony from one of the residents (property owner) and her mam concern
was the approximate date m which Improvements will be concluded. After reviewing the staff report and
discussing the proposal, the Board voted 5-0 to recommend that the request be approved and that the
parcels to be annexed contmue to be subject to Palm Beach County Land Use and ZOning designations
until the City adopts a comprehensive plan amendment and related zonmgs. The request was approved
based upon positive fmdmgs with respect to LDR Sections 2 4.5(C)(1), and that the property is
contiguous, reasonably compact and does not create an enclave, and, that services Will be provided to
the property m a manner similar to other similar properties within the City.
I ,- RECOMMENDED ACTION I
By motion, approve on first reading the ordinance for Annexation of a 2.88 acres property encompassing
fifteen parcels located on the east side of Military Trail, approximately 160' south of Atlantic Avenue,
based upon findings of fact and law contained m the staff report, and finding that the request and
approval thereof is consistent with the Comprehensive Plan and meets Criteria set forth in Section
2.4.5(C)(1) of the LDR's, and set public hearing date of April 19, 2005
Attachments. P & Z Staff Report of March 21, 2005
ORDINANCE NO. 14-05
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH, PARCELS OF LAND LOCATED IN COUNTRY
CLUB ACRES SUBDIVISION, 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 OBLIGA nONS OF SAID LAND; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the below-listed individuals are the fee simple owners of property listed below located
in Country Club Acres Subdivision; and
Owner Name Legal Description
John Bizer & Constance Stillwell COUNTRY CLUB ACRES 2ND ADD LT88
Margaret J. Saunders COUNTRY CLUB ACRES 2ND ADD L T 103
Byron R. & Hollie L. Eggers COUNTRY CLUB ACRES 1 ST ADD LT 31
Jeannie R. Mellies COUNTRY CLUB ACRES 1 ST ADD N 25 FT OF L T 39 & L TS 40 & 41
Islande Clarisier & Renold Chery COUNTRY CLUB ACRES 2ND ADD LT87
Mary M. Phillips COUNTRY CLUB ACRES 2ND ADD L T 112
Brian Moore COUNTRY CLUB ACRES 2ND ADD L TS 119 & 120
Mark J Maher & Lariat Organization
Co. COUNTRY CLUB ACRES L T 18
Janet D. Burford COUNTRY CLUB ACRES S 50 FT OF L T 2
Hector Santana COUNTRY CLUB ACRES 2ND ADD L TS 96 & 97
Jackie Allen COUNTRY CLUB ACRES 2ND ADD LT95
Stanley Rothman. York Builders Inc COUNTRY CLUB ACRES 2ND ADD L T 53 & L T 54
Stan lev Rothman. York Builders Inc. COUNTRY CLUB ACRES 2ND ADD L T 89 & L T 90
Eugene F. Soyka COUNTRY CLUB ACRES 2ND ADD LT94
Mirtha Soyka COUNTRY CLUB ACRES 2ND ADD LT 111
WHEREAS, the above owners have requested by voluntary petition to have the subject property
annexed into the municipal limits ofthe City of Del ray Beach; and
WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the
City of Delray Beach, Florida; and
WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance
with Section 171.044 ofthe Florida Statutes; and
- ---------
WHEREAS, the subject property hereinafter described is presently under the jurisdiction of Palm
Beach County, Florida, having a County Future Land Use Map (FLUM) designation of MR-5 (Medium
Density Residential 5 units per acre); and
WHEREAS, the City's FLUM designations as initially contained on the City's Future Land Use Map
adopted in November, 1989, and as subsequently amended, are deemed to be advisory only until an official
Land Use Amendment is processed; and
WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a public
hearing and considered the subject matter at its meeting of March 21,2005, and voted 5 to 0 to recommend
annexation, based upon positive findings; 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 changes are consistent with and furthers the 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 ofthe 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
DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the City Commission of the City of Delray Beach, Palm Beach County, Florida,
hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies
contiguous to said City to-wit:
South 50 feet of Lot 2 AND Lot 18, Plat of Country Club Acres, as recorded in Plat Book
24, Page 10 of the Public Records of Palm Beach County, Florida.
Together with;
Lot 31, North 25 feet of Lot 39, Lot 40 AND Lot 41, Plat of First Addition to Country
Club Acres, as recorded in Plat Book 24, Page 16 of the Public Records of Palm Beach
County, Florida.
Together with;
2 ORD NO. 14-05
Lot 53, Lot 54, Lots 87-90, Inclusive, Lots 94-97, Inclusive, Lot 103, Lot 111, Lot 112,
Lot 119 AND Lot 120, Plat of Second Addition to Country Club Acres, as recorded in
Plat Book 24, Page 21 ofthe Public Records of Palm Beach County, Florida.
The subject property is located in Country Club Acres Subdivision Plat of First Addition to Country Club
Acres and Plat of Second Addition to Country Club Acres.
Section 3. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include
therein the above-described tract of land and said land is hereby declared to be within the corporate limits
of the City of Delray Beach, Florida.
Section 4. That the land hereinabove described shall immediately become subject to all of the
franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the
City of Delray Beach are now or may be subjected, including the Stormwater Management Assessment
levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons
residing thereon shall be deemed citizens of the City of Delray Beach, Florida.
Section 5. That this annexation of the subject property, including adjacent roads, alleys, or the like,
if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys,
or the like, unless otherwise specifically initiated by the City pursuant to current requirements and
conditions.
Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 7. 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 8. That this ordinance shall become effective immediately upon passage on second and
final reading.
3 ORD NO. 14-05
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
4 ORD NO. 14-05
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PLANNING'" ZONING DEPARTMENT SIGNED VOLUNTARY ANNEXATION AGREEMENT ; "'\, .. - MUNICIPAL CITY LIMITS
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PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT ---
MEETING March 21, 2005
DATE:
AGENDA ITEM: IV.B.
ITEM: City Initiated and Voluntary Annexation for 9.14 Acres of Land which
Contain Forty Six (46) Parcels Located on the East Side of Military
Trail just 160' South of Atlantic Avenue. Thirty one (31) of these
Parcels Have Signed Water Agreements and Fifteen (15) Have Signed
Voluntary Annexation Petitions with the City of Delray Beach.
!
GENERAL DATA:
Owner/Applicant....................... .. City of Delray Beach DELRA Y D
SQUARE
Agent......................................... . City of Delray Beach PLAZA
Location.................. .. ..... ..... ..... ... Eas side of Military Trail,
approximately 160 ft. south T!JO~ I
of West Atlantic Avenue.
Property Size.. ............ ................ 9.14 Acres ~. ' D PUBUX i
Existing County Future Land Use Map
Designation....................... . MR-5 (Medium Residential
0-5 du/ac) . , C:J iHI
I I
Proposed City Future Land Use Map WASHINGTON; FIRST I, I
MUTUAL UNION t:,. \
Designation........................ . '" ATLANTIC AV
Existing County Zoning............... AR (Agncultural Residential) ,. j
I
Proposed City Zoning................. ! ,.....
Adjacent Zoning.. .............North: City PC (Planned . -
Commercial) and GC DELRA Y . .
WEST . .
(General Commercial) PLAZA . . -
East: City RM-8 (Residential . . .
Medium Density 8 du/ac) . . .
...........,.. . I
South: City R-1-A (Single Family >- .
n:: . .
Residential) and OSR <(.. .., .
(Open Space Recreational) . .
1-"" .
West: RM-9 (Residential Medium .
-. . .
Density 9du/ac) -.J. . I
-.
Existing Land Use...................... Single Family Homes and ::!. . I
" . . I
Vacant Land . .
Proposed Land Use.................... Annexation to obtain City . .
Services (Water & Sewer Ii . . _ . . . . . . . . . . . . . . . ~
for Existing Single Family
Homes
Water Service............................. Water service will be :I:
I-
available via connection to a ' ::>
8" water main that will be 0
located along Whatley Road ! VI
Jefferson Road and Lincoln i.',
Road.
Sewer Service........ ... .................. Sewer service will be
available via a 4" force main
that will be located along
Whatley Road Jefferson
Road and Lincoln Road.
IV.B.
I ITEM BEFORE THE BOARD I
The action before the Board is that of making a recommendation to the City Commission on a
voluntary Annexation for 9.14 acres of land which includes forty six (46) parcels located on the
east side of Military Trail just 160' south of Atlantic Avenue. Thirty one (31) of these parcels
have signed water agreements (see Appendix "A") which includes a voluntary annexation
clause and fifteen (15) have signed voluntary annexation agreements (see Appendix "B") with
the City of Delray Beach.
Pursuant to Land Development Regulations (LOR) Section 2.2.2(E) (6), the Local Planning
Agency (Planning & Zoning Board) shall review and make a recommendation to the City
Commission with respect to the annexation of any property within the City.
I BACKGROUND/PROJECT DESCRIPTION I
The subject property consists of 9.14 acres of land and encompasses forty six (46) parcels.
Seventeen (17) parcels are located along the north and south side of Jefferson Road. Fifteen
(15) parcels are located on east and west side of Whatley Road and fourteen (14) parcels are
located on the north, south and east side of Lincoln Road.
The properties are bound to the south by the LWDD L-34 Canal; to the north by Delray West
Plaza and World Saving Bank; to the west by Military Trail and a veterinary clinic; and, to the
east side by Sherwood Forest residential development. The subject property consists of 46
individual lots plus the respective right-of-ways for Lincoln Road, Whatley Road and Jefferson
Road. Forty-two (42) of these parcels contain single family residential homes, while four (4)
are vacant residential parcels. The parcels can be accessed to the north from West Atlantic
Avenue via Whatley Road and to the west from Military Trail via Jefferson and Lincoln Road.
Thirty-one (31) out of these 46 parcels have signed water agreements (see Appendix "A") with
the City of Delray Beach which contains a voluntary annexation clause and fifteen (15) have
signed voluntary annexation agreements (see Appendix "B").
On April 19, 2005, the City and the County executed an Interlocal Agreement which identifies
improvements and cost sharing for the Country Club Acres subdivision. Rather than the normal
related cost sharing ratios of 1/3 County, 1/3 City and 1/3 residents, a commitment will be
made by the County and City to cover the entire cost if the property was annexed.
Water service is currently installed within Jefferson Road and a portion Whatley Road. A
water main extension is proposed as part of the planned improvements which will be installed
after annexation. This extension will include Lincoln Road and the remaining portion of
Whatley Road that is not currently served. Infrastructure improvements include water and
sewage, drainage, road pavement, roadway trench repair, concrete driveway repair, landscape
restoration, sidewalks, and lighting, with a preliminary cost estimated to be approximately
$1,380.000 dollars. Sewer will be extended throughout the entire subdivision, via gravity
connections at the west end of Jefferson Road and Sherwood Forest Drive respectively.
The estimated cost of improvement does not include plumbing connections from the residence
to the point of service of the City system. Each owner will be charged water and sewer
connection fee, a meter deposit fee, and a meter installation fee for a total of $2,372 to be
assessed with a payment plan over a period of years.
Planning and ZOning Board Meetmg of 03/21/05: Staff Report
Country Club Acres - Annexation of 46 Parcels with Water Agreements and Voluntary Annexation Petitions
Page 2
The subject property is under the jurisdiction of Palm Beach County but is in a designated
annexation area for the City of Delray Beach (Annexation Area "0"). The City has a low
Density (lD) land use designation that allows for single family residential development with a
density between zero and five units per acre. The Future land Use amendment and rezoning
of the subject property will be incorporated with the amended Comprehensive Plan to be
adopted in September 2005.
An application is now before the Board regarding a City initiated Voluntary Annexation of these
forty six parcels.
I ANNEXATION ANALYSIS ~
Florida Statues Governina Voluntary Annexations:
Pursuant to the Florida Statutes 171.044 "the owner or owners of real properties in an
unincorporated area of the County, which is contiguous to a municipality and reasonably
compact may petition the governing body of said municipality that said property be annexed to
the municipality". Pursuant to F. S. 171.044 (5) "land shall not be annexed through voluntary
annexation when such annexation results in the creation of enclaves".
Pursuant to F.S. 171.031 (13), an "enclave" is (1) any unincorporated improved or developed
area that is enclosed within and bounded by a single municipality and a natural or manmade
obstacle that allows the passage of vehicular traffic to that unincorporated area only through
the municipality.
. The property is contiguous with the City and reasonably compact. With regard to
creation of an enclave, in order to access the property one must first travel through
the City. Thus, the total 9.14 acres is currently an enclave. The annexation will
reduce this enclave which is consistent with Florida Statutes. The remaining seven
(7) enclaves which make up the balance of the subdivision will be under 10 acres
and are subject to annexation via an interlocal agreement pursuant to F.S. 171.046.
Land Development Reaulations Governina Annexations:
Pursuant to the land Development Regulations 2.4.5 (C) (1) "the owner of land may seek the
annexation of contiguous property, under his ownership" pursuant to Florida Statutes. The
property owner has voluntarily petitioned for this annexation. Thirty one (31) of the property
owners have signed water agreements which commits them to be annexed into the City and
fifteen (15) have signed voluntary annexation petitions with the City of Delray Beach (see
Appendix "A").
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN:
Desianated annexation area: The territory to be annexed is located within the designated
annexation area "0" located on the east side of Military Trail south of Atlantic Avenue.
Annexation of the subject territory is consistent with the Future land Use Element Policy B-
3.5, which calls for annexation of eligible properties through voluntary annexations as the
opportunities arise.
Planning and Zoning Board Meeting of 03/21/05: Staff Report
Country Club Acres - Annexation of 46 Parcels with Water Agreements and Voluntary Annexation Petitions
Page 3
CONCURRENCY:
Provision of Services: Future land Use Element B-3.1 states that when annexation of
property occurs, services are to be provided in a manner which is consistent with services
provided to other similar properties already in the City. What follows is a discussion of
required services and the manner in which they will be provided.
Police: The subject property is currently served by the Palm Beach County Sheriff's Office,
located at 345 South Congress Avenue, which serves the South County area. The property
lies within Sheriff Patrol zone 7. Zone seven is bordered by Jog Road on the west, the Delray
Beach City Limits on the east, and Atlantic Avenue on the north and Clint Moore Road to the
south. One officer is assigned to a particular zone during a shift (three shifts per day). The
City of Delray Beach's Pollee Department has 14 cars per shift patrolling a 15 square mile
area during the day and 15 cars during the night; and as a consequence, response time will
be significantly improved upon annexation. Annexation will not require additional manpower
since the police currently pass the property during routine patrolling to the north, west and
east of the property.
Fire and Emeraencv Services: The municipal area is served by Fire Station No. 4 (Barwick
Road and lake Ida Road). With annexation, the property will receive an improved response
time from the current 5.5 minutes of the County's Fire Department (Fire Station #42 located
on Hagen Ranch Road close to the Turnpike) to 2.5 minutes for the City's Fire Department
(Fire Station #4 located at Barwick and lake Ida Road or Fire Station #5 located on
Germantown Road).
Parks and Recreation: The City provides 127 acres of activity based recreation facilities such
as tennis, baseball, basket ball, soft ball and other similar sports. An additional 247 acres are
considered resource based activities such as beaches and lakes for swimming, boating
picnicking, hiking, and other activities excluding golf courses. Within recreation areas,
amenities and facilities are provided to meet the demand for leisure opportunities for all
segments of the community. Besides the facilities provided by the City and County,
numerous recreational amenities are provided by local schools and private development. The
City of Delray Beach provides a ratio of eight (8) acres of park and recreational facilities per
1,000 people while the current national ratio is 3 acres of park and recreational facilities per
1,000 people. This indicates that the City will have sufficient recreation facilities at bUild-out
to meet the adopted standards and future demand.
Schools: Country Club Acres east of Military Trial is an already built and well established
urban community. Therefore, a concurrency finding from the Palm Beach County School
District is not required.
Solid Waste: Forty two (42) out of the forty six parcels currently contain single family homes
while four (4) are vacant parcels and therefore have a minor impact on this level of service
standard. Assuming the total number of single family homes as built (95 units) the subject
properties will generate 189.05 tons of solid waste per year (1.99x95=189.05). The increase
can be accommodated by existing facilities and thus, will not have a significant impact on this
level of service standard.
Water: Water service is currently being provided to properties on Jefferson Road and a
portion Whatley Road. The proposed water improvements to be constructed by the City after
annexation will include Lincoln Road and the remaining portion of Whatley Road Once the
Planning and Zoning Board Meeting of 03/21/05: Staff Report
Country Club Acres - Annexation of 46 Parcels with Water Agreements and Voluntary Annexation Petitions
Page 4
proposed infrastructure improvements are completed municipal water service will be available
via connection to the new 8" water main for all properties within the subdivision. Along the
new mains, fire hydrants will be installed with a minimum spacing of 400 feet.
Sewer: The proposed sewer will be installed throughout the entire subdivision, with gravity
connections to the west end of Jefferson Road and Sherwood Forest Drive respectively.
Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central
County Waste Water Treatment Plant for the City at build-out.
Streets: The parcels can be accessed to the north from West Atlantic Avenue via Whatley
Road and to the west from Military Trail via Jefferson and Lincoln Road. Those portions of
the right-of-way of Lincoln Road, Jefferson Road and Whatley Road located within the
Country Club Acres sub-division (east of Military Trail) will be annexed into and included in the
corporate boundaries of the City of Delray Beach. This will include acceptance by the City of
ownership and maintenance of the right-of-way of those portions of Lincoln, Jefferson and
Whatley Roads, and responsibility for providing emergency services in those areas.
Country Club Acres east of Military Trail is an existing already built community that complies
with the Traffic Performance Standards in Article 12 of the Palm Beach County land
Development Code. Based upon the above a positive finding with respect to traffic
concurrency can be made. There will be a mutual agreement by the City and County
pursuant to Section 335.0415, Florida Statutes (2004), for the transfer of the responsibility for
operation and maintenance of the public right-of-way of those portions of Lincoln, Jefferson
and Whatley Roads from Palm Beach County to the City of Delray Beach.
In addition to the utilities that are being installed as part of the interlocal agreement roadway
improvements consisting of drainage, road pavement, roadway trench repair, concrete
driveway repair, landscape restoration and beautification, sidewalks installation, lighting and
signage will be provided, with a preliminary cost estimated to be approximately $1,380.000
dollars.
Financial Impacts - Effect upon Annexed Property:
The following table (Table #1) depicts the current taxable value, the total County taxes and
the tax difference upon annexation into the City for the subject properties:
Planning and Zoning Board Meeting of 03/21/05 Staff Report
Country Club Acres - Annexation of 46 Parcels with Water Agreements and Voluntary Annexation Petitions
Page 5
Table # 1
NUMBER EXEMPll0N VALUE 2004 TAXES TAXES 7AXES I MILLAGE MIL:"AGE TAXES
00424613010000031 25,000 00 25,275 00 498 06 234 00 732 06 19705719 23774565 834.90 102 84
00424613010000130 25,000 00 55,370 00 1,091 11 234 00 1,325 11 19705719 23 774565 1,550.40 225 29
00424613010000140 25,000.00 40,71500 802 32 234 00 1,03632 19705719 23.774565 1,201.98 16566
00424613010000150 25,000 00 83,556 00 1,646.53 234 00 1,880.53 19705719 23774565 2,220 51 339 98
00424613010000161 000 29,16000 574.62 3300 607 62 19705719 23.774565 864.92 142.38
00424613020000190 000 117,69700 2,31930 234.00 2,553.30 19.705719 23774565 3,032.19 47889
00424613020000210 25,000 00 27,528.00 542.46 234 00 776.46 19705719 23.774565 88847 112 01
00424613030000480 25,000 00 35,226.00 694.15 234.00 928.15 19.705719 23.774565 1,071.48 14333
00424613030000490 0.00 108,97500 2,147.43 234 00 2,381 43 19 705719 23774565 2,824 83 443 40
00424613030000511 25,000 00 48,863.00 962.88 234.00 1,196.88 19.705719 23.774565 1,395.70 198.82
00424613030000560 25,000 00 55,852 00 1,10060 234 00 1,334 60 19 705719 23774565 1,561 86 227.25
00424613030000770 25,000.00 42,461.00 836.72 234 00 1,070 72 19 705719 23774565 1,243.49 172. 77
00424613030000780 000 119,435 00 2,35355 234 00 2,58755 19 705719 23774565 3,073.52 485 96
00424613030000810 25,000 00 66,41300 1 ,308 72 234 00 1,542.72 19 705719 23.774565 1,812.94 270 22
00424613030001000 25,000 00 73,046 00 1,439 42 234.00 1,673.42 19.705719 23.774565 1,97064 297 21
00424613030000760 25,000.00 49,263 00 970 76 234 00 1,204.76 19 705719 23.774565 1,405 21 200 44
00424613030000640 25,000 00 47,822.00 942 37 234 00 1,17637 19 705719 23.774565 1,370 95 19458
00424613030000660 000 96,275.00 1,89717 234 00 2,13117 19.705719 23774565 2,522.90 391 73
00424613010000120 25,000 00 48,738.00 960 42 234 00 1,19442 19.705719 23 774565 1,392 72 19831
00424613030000820 25,000 00 90,524 00 1,78384 234 00 2,01784 19.705719 23.774565 2,38617 368 33
00424613030000500 000 121,676.00 2,397 71 234.00 2,631 71 19.705719 23 774565 3,12679 495 08
00424613010000022 000 88,753 00 1,74894 234 00 1,982 94 19.705719 23 774565 2,34406 36112
00424613030000710 25,000 00 67,35800 1,327 34 234 00 1,561 34 19.705719 23 774565 1,835.41 274 07
00424613010000010 25,000 00 78,646 00 1,549 78 234 00 1,78378 19.705719 23 774565 2,103.77 320 00
00424613030000750 000 88,410.00 1,742.18 234.00 1,97618 19705719 23 774565 2,33591 359.73
00424613030000700 25,000 00 51,821.00 1,02117 234.00 1 ,255 17 19.705719 23 774565 1 ,466 02 210.85
00424613030000790 000 167,00700 3,290 99 234 00 3,524.99 19.705719 23.774565 4,204 52 679 53
00424613030000721 25,000 00 30,352 00 598.11 234 00 832 11 19.705719 23774565 95561 12350
00424613010000162 000 118,675.00 2,338 58 234 00 2,572 58 19705719 23774565 3,05545 482 87
00424613020000310 25,000 00 26,347 00 519.19 234 00 75319 19.705719 23 774565 860.39 107.20
00424613030000880 25,00000 45,91600 904.81 234 00 1,13881 19.705719 23 774565 1,325.63 186 83
00424613020000391 25,00000 58,842 00 1,159.52 234 00 1 ,393 52 19.705719 23.774565 1,632 94 239 42
00424613030000870 25,00000 64,024.00 1,261 64 234 00 1,495 64 19.705719 23.774565 1,75614 260 50
00424613030001120 25,000 00 74,028.00 1 ,458 77 234 00 1,692.77 19.705719 23774565 1,993 98 301 21
00424613030001190 25,000 00 65,703.00 1 ,294 72 234.00 1,528.72 19.705719 23774565 1,796.06 267 34
00424613010000180 000 80,559.00 1,58747 234.00 1,821.47 19 705719 23774565 2,149.26 327 78
00424613010000021 000 92,956 00 1,831.76 234.00 2,06576 19 705719 23.774565 2,443 99 378 22
00424613030000960 25,000 00 115,07400 2,26762 234 00 2,501 62 19705719 23.774565 2,969 83 468.22
00424613030000950 000 31,10400 61293 33.00 645 93 19705719 23.774565 772 48 126 56
00424613030000530 000 29,16000 57462 3300 607.62 19705719 23774565 726.27 11865
00424613030000890 000 31,10400 61293 3300 645 93 19705719 23774565 772.48 12656
00424613030001030 25,000 00 72,753.00 1 ,433 65 234 00 1,667 65 19705719 23.774565 1,963.67 296 02
00424613030000940 000 116,02700 2,28640 234.00 2,52040 19.705719 23 774565 2,992 49 472 10
00424613030001110 000 127,07800 2,50416 234.00 2,738 16 19705719 23.774565 3,255 22 51706
00424613030000650 25,000.00 32,12100 632.97 234 00 866 97 19705719 23.774565 997 66 130.70
00424613030000600 25,00000 74,835 16 1,47468 234.00 1,708.68 19705719 23774565 2,011.05 304 13
IUIAL 675,000 00 3,212,523 16 63,305.08 9,960 00 73,265.08 19705719 23 774565 86,47287
Planning and Zoning Board Meeting of 03/21/05: Staff Report
Country Club Acres - Annexation of 46 Parcels with Water Agreements and Voluntary Annexation Petitions
Page 6
For the 2004 tax year the subject property (forty six parcels) had a combined taxable value of
$3,212,434.00. With the change from County to City jurisdiction, the following taxes and
rates will be affected:
ADVALOREM COUNTY COUNTY WITH CITY CITY
TAXES TAXES MILLAGE ANNEXATION TAXES MILLAGE
SECTION - 1
Children Service Council 2,22721 3 202280 DELETE 000 o 000000
Fire/Rescue MSTU 10,277 51 o 436500 DELETE 000 o 000000
Florida Inland Navegatlon 123 70 o 430000 DELETE 000 o 000000
Health Care District 3,503.65 0690189 3,503 65 0690189
Palm Beach County 14,45589 1 230600 14,455.89 1 .230600
Palm Beach County Debt 859 98 4 362354 859 98 4 499980
Palm Beach County Library 1,735.69 o 186337 1,73569 o 186337
Palm Beach County Library Debt 1,71447 o 038490 1,71447 o 038490
Public Schools Debt Serv 880 18 o 273986 880 18 o 273986
Public Schools Loc Board 8,326.55 2 592000 8,32655 2 592000
Public Schools State Law 17,88029 5 565993 17,88029 5 565993
SFWMD District 1,917.81 o 597000 1,917 81 o 597000
SFWMD Everglades Const 321.35 o 099990 321 35 o 099990
City of Delray Beach 7466100 Added (City) 23,98435 7466100
City of Delray Beach Debt o 533900 Added (City) 1,71512 o 533900
SUB-TOTAL 64,224.28 19.705719 Difference* 77,295.33 23.774565
4.068780
* Total tax millage in the County is 19.705719 mills while in the City the total millage is
23.774565 mills. Therefore, the difference is 4.068780 mills.
The current yearly ad valorem taxes for all properties is $62,224.28. With annexation the
yearly ad valorem tax for all properties will be $77,295.33, (64,224.28+13,071.05=77,295.33);
a tax difference of $13,071.33 (3,212.523.16x4.06878/1000=13,071.049). I n addition to
property taxes, the following Non Ad Valorem fiscal responsibility will apply:
Delray Beach Storm Water Utility - This assessment is based upon the percentage of
impervious area of the buildings, parking areas, etc. As the property has been developed or
subdivided for residential purposes, an assessment of $40.50 per unit is applied. A 25%
discount from the assessment is available since the property is within the Lake Worth
Drainage District.
Solid Waste Authority - The Military Trail annexation areas are serviced under a new
contract by Waste Management (pursuant to a contract awarded October 1, 2003). City's
contract is currently through Waste Management. Pursuant to Florida Statute 171.062 (4) (a)
" if a party has an exclusive franchise which is in effect for at least six months prior to the
initiation of an annexation, the franchise may continue to provide such services to the
annexed area for five years or the remainder of the franchise term whichever is shorter".
Thus, the waste service provider will not change with annexation.
Planning and Zoning Board Meeting of 03/21/05. Staff Report
Country Club Acres - Annexation of 46 Parcels with Water Agreements and Voluntary Annexation Petitions
Page 7
Resulting Impacts to Property Owner:
I SUMMARY OF IMPACTS ON THE COUNTRY CLUB ACRES PROPERTY I
FINANCIAL CONSIDERATIONS
AD VALOREM TAXES 2004 + $90 - $527
City Mills. County Mills
23.7745 - 19.7057 = 4.0687
NON AD VALOREM TAXES 2004
Stormwater Assessment (@ $40.50 per Unit) $40 50
Solid Waste Collection $0.00
WATER & SEWER UTILITY FEES $0.00
ANNUAL FINANCIAL IMPACT: + $90 - $527
Water & sewer connection & meter installation fee per unit (one time fee) + $2,372.00
SERVICE CONSIDERATIONS
Fire Response + Faster response from an estimated 5.5
minutes (County) to 2.5 minutes (City).
Emergency Medical + Faster response from an estimated 5.5
Services (EMS) minutes (County) to 2.5 minutes (City).
Police + Better response based upon more officers
In field; 14 patroll cars per shift daytime,
15 patrol cars durinQ the niQht.
Code Enforcement + Pro-active vs reactive opportunity to work
Fiscal Impacts to the City: At the 2003/2004 City operating milage of 7.46 mills and debt rate
of 0.53 mills, the property will generate approximately $24,844.54 in new ad valorem taxes
per year. Additional revenues will be realized through increased property values as a result of
infrastructure improvements, building permit fees, the annual collection of the storm water
assessment fee as well as utility taxes (9.5% electric, 7% telephone) and franchise fees on
electric, telephone, and cable.
POSITIVE FISCAL IMPACT TO THE CITY
AD VALOREM TAXES 2004
City of Delray Beach (7.4661 Mills) 23,985 02
City of Delray Beach Debt (0.5339 Mills) 1,71517
SUB-TOTAL + $25,70019
NON-AD VALOREM TAXES
Storm Water Assessment (lEfl $40.50 oer unit) $1,86300
SUB-TOTAL (PER YEAR) + $27,56319
WATER & SEWER CONNECTION & METER INSTALLATION FEE
Water\sewer connection & meter installation fee @ $2,372 o/Unlt (one tlml + 109.11200
TOTAL + $136,675.19
-- NEGATIVE FISCAL IMPACT TO THE CITY
Total Cost ofConstructlo..; -$1,380.000 --. --. .. ... - .- ..---
(50 % County and 500/0 City) for:
- Roadway restoration on Lincoln Road
- Sewer for entire subdiVISion via gravity connections
- Water extensions to include Lincoln Road and a portion
of Whatley Road, drainage, Sidewalks, fire hydrants, landscaoino, and - $690,000.00
~~- -. - $690,000.00
SERVICE' CONSIDERATIONS
- . .. _00 ...
Fire Response + Faster response from an estimated 5 5
minutes (Countv) to 2 5 minutes (CltV).
Emergency Medical + Faster response from an estimated 5 5
Services (EMS) minutes (Countv) to 2 5 minutes (CltV).
Pollee + Better response based upon more officers
in field; 14 patroll cars per shift daytime,
15 oatrol cars durlno the niaht.
Code Enforcement + Pro-active vs reactive c::Ii::lDortunitV to work
Planning and ZOning Board Meeting of 03/21/05 Staff Report
Country Club Acres - Annexation of 46 Parcels with Water Agreements and Voluntary Annexation Petitions
Page 8
REQUIRED FINDINGS: Pursuant to lOR Section 2.4.5(C)(4), the City Commission must
make findings that the annexation is consistent with Objective B-3 of the Future land
Use Element, and complies with F.S. 171.
As stated above, the subject property is located within a designated annexation area, Area D.
Its annexation is consistent with the Objective B-3 of the Future Land Use Element. Also, the
annexation complies with Florida State Statutes Section 171 as it pertains to annexations.
I REVIEW BY OTHERS I
The subject properties are not in an area that requires review by the Community
Redevelopment Agency (CRA) or Downtown Development Authority (DDA)
Palm Beach County Notice:
On March 07, 2005 the Palm Beach County Planning Division was notified of the City's intent
to annex this property. No response has been received yet. However, the County is a partner
via the interlocal agreement to the annexation and related infrastructure improvements
lake Worth Drainaae District:
On March 07, 2005, Lake Worth Drainage District was notified of the City's intent to annex this
property. No objections have been received.
IPARC Notice:
Notice of the Future Land Use Amendment has also been provided to the Interlocal Plan
Amendment Review Committee (IPARC) which distributes the information to adjacent
municipalities. No objections have been received
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
D Bill Rice, Sherwood Forest
D Carolyn Zimmerman, President Council
D Herbert Levine, Hamlet Residents Association
D Jerry Franciosa, PROD (Progressive Residents of Delray)
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.
Planning and Zoning Board Meeting of 03/21/05: Staff Report
Country Club Acres - Annexation of 46 Parcels with Water Agreements and Voluntary Annexation Petitions
Page 9
I ASSESMENT AND CONCLUSION I
Accommodating the annexation of this property is consistent with the City's program for
annexation of territory within its planning and service area. The City has a Low Density (LD)
land use designation that allows for single family residential development with a density
between zero and five Units per acre. The Future Land Use amendment and rezoning of the
subject property will follow this action with Comprehensive Plan Amendment 2005-1 The
annexation will provide better Police, Fire, EMS and Code Enforcement services. The property
will experience a slight increase in ad valorem taxes but this is more than offset with
infrastructure improvements of approximately 1.3 million dollars.
The City will receive additional revenue from property taxes, in addition to storm water
assessment fees utility taxes, franchise fees, and licensing fees upon future development or
property improvement The total immediate revenue increase is approximately $24,844.54, a
year. Infrastructure improvements will include water and sewage, drainage, road pavement,
roadway trench repair, concrete driveway repair, landscape restoration, sidewalks, and
lighting. Based upon the above, the proposed Annexation should be approved.
I AL TERNA TIVE ACTIONS I
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the City initiated and
voluntary annexation for the subject property (known as Country Club Acres), 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 Sections
2.4.5(C)(4) and 3.1.1 of the Land Development Regulations and complies with Florida
Statutes Chapter 171.
C. Move a recommendation of denial to the City Commission for the City initiated and
voluntary annexation for the subject property (known as Country Club Acres), 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
Sections 2.4.5(C)(4) and 3.1.1 of the Land Development Regulations and does not comply
with Florida Statutes Chapter 171.
I RECOMMENDED ACTION I
Move a recommendation of approval to the City Commission for the City initiated and voluntary
annexation for the subject property (known as Country Club Acres), 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 Sections 2.4.5(C)(4) and 3.1.1 of the
Land Development Regulations and complies with Florida Statutes Chapter 171.
Attachments: Location Map
Staff Report Prepared by Estelio Breto, Senior Planner
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~1
SUBJECT: AGENDA ITEM # \0 ('_ - REGULAR MEETING OF APRIL 19. 2005
ORDINANCE NO. 22-05
DATE: APRIL 15,2005
This is second reading and second public hearing for a City initiated amendment to Land
Development Regulations (LDR) 4.3.3M(2) "Uses Involving Alcoholic Beverages", by establishing
subsection 4.3.3M(2)(c) to provide a method of determining eligibility for a Stand Alone Bar.
At the first reading on AprilS, 2005, the Commission passed Ordinance No. 22-05.
Recommend approval of Ordinance No. 22-05 on second and final reading.
S'\Ctty Clerk\agenda memos Ord 22-05 Stand Alone Bar 041905
D/<
(JJt1
I CITY COMMISSION DOCUMENTATION I
TO: DAVID T.~DEN.~NAGER
~ ~
THRU: PAUL DORLlNG, DIRECT OF PLANNING AND ZONING
FROM: JEFFREY A. COSTELLO, ASSISTANT DIRECTOR OF PLA
SUBJECT: MEETING OF APRIL 5, 2005
CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS SECTION 4.3.3(V)(2) "USES INVOLVING
ALCOHOLIC BEVERAGES" BY ESTABLISHING SUBSECTION 4.3.3(V)(2)(c) TO
PROVIDE A METHOD OF DETERMINING ELIGIBILITY FOR A STAND ALONE
BAR USE.
I BACKGROUND I
At its meeting of November 28, 2003, the City Commission approved an ordinance amending the
definitions and regulations concerning alcoholic beverages. The amendment was processed in
order to obtain consistency with State Statutes as they relate to the definition of Alcoholic
Beverages, to provide clarification and establish a distance limitation between stand alone bars. In
addition, the definition of Alcoholic Beverage Establishment was modified and definitions of Stand
Alone Bar and Bottle Club were added to be consistent with State Statutes. The intent of the
regulations is to prevent the proliferation of cocktail lounges and bars in any given area throughout
the City. The adopted regulations provide a specific distance limitation and method of
measurement as follows:
"Not more than one stand alone bar shall be located within anyone block nor within seven hundred
and fifty (750) feet of another stand alone bar measured from lot line to lot line in a straight line."
The attached ordinance provides a process to establish a stand alone bar and a method of
determining eligibility for a stand alone bar. The ordinance includes submission requirements and a
time frame of sixty (60) days to establish the use once the applicant is notified that the use may be
established. The ordinance also includes a method to allow stand alone bar uses when more than
one person or entity desires to establish a stand alone bar and only one can be accommodated
under current restrictions and distance limitations. If for any reason the City is unable to determine
who was first eligible or is unable to determine if a use was legally established and operational
within the time permitted, the Planning and Zoning Board shall review all valid submissions and
provide a recommendation to the City Commission. The City Commission will make a
determination of which stand alone bar use is the most compatible with surrounding uses based on
the criteria listed in the ordinance.
Pursuant to LOR Section 2.4.5(M)(5), approval of an LOR amendment must be based upon a
finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of
the Comprehensive Plan. The proposed LOR amendment provides clarification to the existing
ordinance. The amendment provides a process to establish a stand alone bar and a method of
determining eligibility for a stand alone bar use While the amendment does not fulfill a specific
Goal, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them.
\0 f\
City Commission Documentation
Meeting of Apnl S, 200S
LDR Text Amendment - Process to Establish a Stand Alone Bar
Page 2
I PLANNING AND ZONING BOARD CONSIDERATION I
At its meeting of March 21, 2005, the Planning and Zoning Board held a public hearing regarding
the proposed text amendment. There was no public testimony regarding the proposal. After
discussing the amendment, the Board voted 5-0 (Pike & Walker absent) to recommend to the City
Commission approval of the proposed amendment to the Land Development Regulations (LDRs)
by adopting the findings of fact and law contained in the staff report.
l RECOMMENDED ACTION I
Move to approve the amendment to the Land Development Regulations (LDRs) Section 4.3.3M(2)
"Uses Involving Alcoholic Beverages" by establishing Subsection 4.3.3(V)(2)(c), 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 April 19, 2005.
Attachment: Proposed Ordinance
---------
ORDINANCE NO.JJ... -05
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING SECTION 4.3.3(V), "USES INVOLVING ALCOHOLIC
BEVERAGES", BY AMENDING SUBSECTION 4.3.3(V)(2),
"PROHIBITIONS BY FREQUENCY" BY ESTABLISHING
SUBSECTION 4.3.3(V)(2)(c) TO PROVIDE A METHOD OF
DETERMINING ELIGIBILITY FOR A STAND ALONE BAR USE IN
CERTAIN CIRCUMSTANCES; PROVIDING; A SAVINGS
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, no more than one stand alone bar is permitted within anyone block or within
750 feet of another stand alone bar per city ordinance; and
WHEREAS, a stand alone bar is a permitted use; and
WHEREAS, the City desires to provide a method to allow stand alone bar uses when more
than one person or entity desires to establish such a use when only one such use can be
accommodated under current restrictions; and
WHEREAS, at its meeting of March 21, 2005, the Planning and Zoning Board for
the City of Delray Beach, as Local Planning Agency, considered this item at a public
hearing and voted 5 to 0 to recommend that this ordinance be approved to provide a
method of determining eligibility for a stand alone bar use, based upon positive findings.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA:
Section 1. That Section 4.3.3M, "Uses Involving Alcoholic Beverages" is hereby
amended by amending Section 4.3.3M(2) by enacting 4.3.3(V)(2)(c) to read as follows:
(2) Prohibition by FreQuency: The sale of alcoholic beverages for on-site
consumption shall be allowed as a principal use within stand alone bars and as an
accessory use in chartered private clubs and golf courses with the restriction that:
(a) Not more than one stand alone bar shall be located within anyone
block, nor within seven hundred and fifty (750) feet of another stand alone bar measured
from lot line to lot line in a straight line.
(b) The above restriction does not apply to a duly licensed grocery store
which sells beer and wine in packages for off-site consumption nor does it apply to a
restaurant which holds a special restaurant license issued by the Department of Business
Regulations of the State Division of Alcoholic Beverages and Tobacco.
(c) To be allowed to beqin operatinq a business as a stand alone bar the
followinq rules shall apply:
1. A written reauest to establish a stand alone bar shall be
submitted to the Planninq and Zoninq Department. Attached to the written reauest shall be
a copy of a valid 4COP License, evidence of an executed lease to operate the business at
the proposed location and a copy of an approved site plan for a restaurant or bar use
(hereinafter referred to as the submission). The submission shall be date and time
stamped by the Planninq and Zoninq Department. The submission shall be valid for a
period of six (6) months.
2. If locational reauirements allow for a stand alone bar to be
established, a person or entity that has filed a submission as set forth above at the earliest
time and date will be notified that the use may be established. If the stand alone bar use is
not leqally established pursuant to LOR Section 2.4.4(0) within sixty (60) days after
notification. the person or entity who filed a submission next in time and date shall have an
opportunity to establish a stand alone bar use. That person or entity and subseauent
persons or entities that have a submission on file must also comply with the sixty (60) day
establishment reauirement. Persons or entities that fail to establish the stand alone bar
use in accordance with LOR Section 2.4.4(0) within the sixty (60) day period shall not have
any further priority to establish the stand alone bar use and the submission shall be
deemed void unless no other persons or entities have filed a submission wherein a lonqer
time to establish the use may be permitted upon reauest.
3. If for any reason the City is unable to determine who was first in
time or unable to determine if the use was leqally established and operational within the
time permitted, the Planninq and Zoninq Board shall review all valid submissions on file
reqardless of time or date of the submission or establishment of the use, based on the
reauired findinqs of LOR Section 2.4.5(E) and make a recommendation to the City
Commission. The City Commission will then determine which stand alone bar use is the
most compatible with surroundinq uses, based on the followinq:
a. Compliance with code reauirements,
b. site's physical appearance,
c. location.
d. consistency with the Comprehensive Plan, and
e. capacity of infrastructure to accommodate the proposed
use,
f. whether the stand alone bar will have a deleterious
effect on adiacent businesses.
2 ORD. NO. -05
The stand alone bar use deemed most compatible will then have the riaht to establish a
stand alone bar use as a permitted use within sixty (60) days of the decision of the City
Commission.
4. No assianment of any submission or riahts obtained as a result
of a submission to establish a stand alone bar use under this section shall be permitted.
provided, however. an established stand alone bar use may continue to exist at the same
location without participatina in the process outlined in Subsection (c) for as lona as the
use is operational. If the stand alone bar use is not operational for a period of one hundred
eiahty (180) days or the business location has been occupied by an intervenina use, then
the process described in subsection (c) herein shall apply.
5. New letters with attachments set forth above may be submitted
once every six (6) months.
Section 2. 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 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 immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this _ day
of ,2005.
MAYOR
ATTEST:
CITY CLERK
First Reading
Second Reading
3 ORD. NO. -05
-- -- ---~----- ---~- ---~--
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 0J1!l
SUBJECT: AGENDA ITEM # \O\) - REGULAR MEETING OF APRIL 19. 2005
ORDINANCE NO. 23-05
DA1E: APRIL 15, 2005
This ordinance is before Commission for second reading and public hearing for a privately initiated
amendment to Land Development Regulations (LDR) Section 4.4.11, "Neighborhood Commercial
(NC)", increasing the floor area limitation for banks and financial institutions.
The proposed amendment to the NC zoning district regulations will allow banks and financial
institutions up to a maximum of 6,000 sq. ft. of floor area, where a maximum of only 2,000 sq. ft. is
currendy permitted. The request was submitted by the developer of Fountains Center, which is
currendy under construction on the west side of Military Trail, approximately 1,400 feet north of
West Atlantic Avenue. Washington Mutual Bank is currendy located at the northeast comer of
Atlantic Avenue and Military Trail; however the bank must relocate by October 31,2005 and has not
been able to secure a location in the immediate area. The bank and the owners of Fountains Center
are negotiating for the bank to occupy approximately 5,700 sq. ft. of the plaza. The bank has
indicated that a drive-through facility will not be provided at the proposed location. The bank
services approximately 50,000 transactions per month and wishes to remain in the area to continue
servicing its customers/community when the current lease expires and it has to vacate its current
premises. The proposed text amendment to LDR Section 4.4.11(H)(1) is as follows:
The maximum area devoted to a single tenant for office or service uses shall not exceed 2,000 sq.
ft. in floor area. Notwithstanding the above. banks or similar financial institutions excluding
drive-through bank facilities. may not exceed 6.000 sq. ft. The intent of these restrictions is to
maintain the center at the neighborhood scale.
The Planning and Zoning Board held a public hearing at its meeting of March 21, 2005. There was
no public testimony. The Board voted 5-0 to recommend to the City Commission approval of the
proposed amendment, based upon positive 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) (Amendment to Land Development Regulations).
At the first reading on AprilS, 2005, the City Commission passed Ordinance No. 23-05.
Recommend approval of Ordinance No. 23-05 on second and final reading.
s'\C,ty Clerk\agenda memos\Ord 23--05 LDR 4.4.11 Floor Area Lrrutatlon for Banks 041905
t CITY COMMISSION DOCUMENTATION ~
TO: DAVI~N' ITY ANAGER
THRU: PAUL RUNG, DIRECT ~F PLANNING AND ZONING /'
FROM: JEFFREY A. COSTELLO, ASSIST ANT DIRECTOR OF PLANN
SUBJECT: MEETING OF APRIL 5, 2005
CONSIDERATION OF A PRIV A TEL Y -INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS SECTION 4.4.11 NEIGHBORHOOD COMMERCIAL (NC)
INCREASING THE FLOOR AREA LIMITATION FOR BANKS AND SIMILAR FINANCIAL
INSTITUTIONS.
I BACKGROUND I
An amendment to the NC zone district regulations has been requested to allow banks and financial
institutions up to a maximum of 6,000 sq. ft. of floor area, where a maximum of only 2,000 sq. ft. is currently
permitted. The request was submitted by the developer of Fountains Center, which is currently under
construction on the west side of Military Trail, approximately 1,400 feet north of West Atlantic Avenue.
Washington Mutual Bank is currently located at the northeast corner of Atlantic Avenue and Military Trail;
however the bank must relocate by October 31, 2005 and has not been able to secure a location in the
immediate area. The Bank and the owners of Fountains Center are negotiating for the bank to occupy
approximately 5,700 sq. ft. of the plaza. The Bank has indicated that a drive-through facility will not be
provided at the proposed location. The Bank services approximately 50,000 transactions per month and
wishes to remain in the area to continue servicing its customers/community when the current lease expires
and It has to vacate its current premises. The request is to allow banks to have a maximum floor area of
6,000 sq. ft. Thus, the proposed text amendment is to LDR Section 4.4.11 (H)(1) as follows:
The maximum area devoted to a single tenant for office or service uses shall not exceed 2,000 sq. ft. in floor
area. NotwithstandinG the above. banks or similar financial institutions excludinG drive-throuGh bank
facilities. may not exceed 6.000 sa. ft. The intent of these restrictions is to maintain the center at the
neighborhood scale.
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. The proposed LDR amendment provides additional flexibility to accommodate a service to the
surrounding neighborhoods. While the amendment does not fulfill a specific Goal, Objectives, and Policies
of the Comprehensive Plan, it is not Inconsistent with them Additional background and a detailed analysis
of the request is found in the attached Planning and Zoning Board staff report.
I PLANNING AND ZONING BOARD CONSIDERATION l
At its meeting of March 21, 2005, the Planning and Zoning Board held a public hearing regarding the
proposed text amendment. There was no public testimony regarding the proposal. After discussing the
amendment, the Board voted 5-0 (Pike & Walker absent) to recommend to the City Commission approval of
the proposed amendment to the Land Development Regulations, by adopting the findings of fact and law
contained in the staff report.
I RECOMMENDED ACTION l
Move to approve the amendment to the Land Development Regulations (LDRs) Section 4.4.11 (H)(1)
Neighborhood Commercial (NC) - Special 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 April 19,
2005. \ 'd-.A
Attachment: Proposed Ordinance & P&Z Board Staff Report of March 21, 2005
ORDINANCE NO. 23-05
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY
AMENDING SECTION 4.4.11, "NEIGHBORHOOD COMMERCIAL
(NC) DISTRICT" , SUBSECTION 4.4. 11 (H), "SPECIAL
REGULATIONS", BY PROVIDING THAT BANKS OR SIMILAR
FINANCIAL INSTITUTIONS MAY HAVE A MAXIMUM AREA OF
6,000 SQ. FT.; 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 March 21, 2005, and voted 5 to 0 to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.317 4( 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 ofthe 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 DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 4.4.11, "Neighborhood Commercial (NC) District", Subsection
4.4. 11 (H), "Special Regulations", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as
follows:
(H) Special Regulations:
(I) The maximum area devoted to a single tenant for office or service uses shall not exceed
2,000 sq. ft. in floor area. Notwithstanding the above. banks or similar financial institutions excluding
drive-through bank facilities. may not exceed 6.000 sq. ft. The intent of these restrictions is to maintain the
center at the neighborhood scale.
(2) The maximum floor area which can be allocated to a single retail use, or groups of similar
(retail, office, services) principal uses, shall not exceed 10,000 square feet.
(3) Outdoor storage of any kind is prohibited, except as permitted herein.
(4) 24-Hour or late night businesses as defined herein must be processed as a conditional use
and are subject to the provisions of Section 4.3.3(W).
Section 3. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and fmal reading on this the
day of ,200_.
ATTEST MAYOR
City Clerk
First Reading
Second Reading
2 ORD. NO.
DELRAYI{A(H
DURA.Y 8EA.CH ~
~w;4iIt'-':!III PLANNING AND ZONING BOARD AII-_Cily
'IIII!
AIl._CIly
'IIII!. MEMORANDUM STAFF REPORT
1 <J<J ~
~OOI
lY':'U
)1)Ql
MEETING DATE: MARCH 21, 2005
AGENDA ITEM: IV.F. AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS SECTION 4.4.11 NEIGHBORHOOD
COMMERCIAL (NC) INCREASING THE FLOOR AREA
LIMITATION FOR BANKS AND SIMILAR FINANCIAL
INSTITUTIONS.
II ITEM BEFORE THE BOARD I]
The item before the Board is that of making a recommendation to the City Commission
regarding an amendment to the Land Development Regulations Section 4.4.11 (H)(1)
Neighborhood Commercial (NC) - Special Regulations, increasing the floor area
limitation for banks and similar financial Institutions, pursuant to LDR Section 2.4.5(M).
Pursuant to Section 1.1.6, an amendment to the Land Development Regulations may
not be made until a recommendation is obtained from the Planning and Zoning Board.
II BACKGROUND __.. -.J
- . -- .. . The NC (Neighborhood Commercial) zoning district has an extensive history with many
modifications throughout the years. The NC zone district existed prior to 1976. At that
time, there were only a few principal uses; retail uses were allowed only as a conditional
use; and the purpose statement provided that the NC zone was to accommodate
neighborhood needs based upon a % mile service area.
Revisions were made between 1976 and 1980, which made "retail of convenience
goods" a principal use; and in general, the range of uses was increased.
In preparation of the Land Development Regulations in 1990, two substantial changes
were recommended by the Planning and Zoning Board. One was that "gasoline
stations" be changed to "dispensing to gasoline directly to a vehicle". The intent was
that while a normal gasoline station was not appropriate, the ability to get gas at a
convenience store should be retained. The other involved placing a restriction on the
use area allocated to office/professional uses. Also, the reference to a % mile service
radius was deleted and language was provided which accommodates the NC zoned
district within the Transitional Future Land Use Map designation.
With the adoption of the Land Development Regulations in 1990, the amendments to
the NC zoning district regulations included allowing a maximum of 35,000 sq. ft. of floor
area for a single retail tenant or groups of retail uses which could be established on any
IV.F.
Planning and Zoning Board Staff Report
LOR Amendment - NC zone district regarding Banks.
Page 2
single NC zoned property. This change was made to accommodate a proposed food
store at Seacrest Boulevard and NE 22nd Street. At that time there was also a special
regulation relating to professional and business offices, which stated that "not more than
two (2) similar professional or business offices shall be allowed within a single NC
development nor shall any such office use exceed 2,000 sq. ft. in floor area". The intent
of the office restriction was to maintain the center at a neighborhood scale. Subsequent
to the adoption of the LORs, the City Commission expressed reservation on the
previous action to allow a 35,000 sq. ft. structure. There were discussions at both the
Planning and Zoning Board and City Commission levels to revisit the NC regulations.
They felt NC zone district was not intended to accommodate a use which would have a
service area based upon 35,000 sq. ft. of retail or food store.
In 1993, the NC zone district regulations were reviewed and modified. Changes
included reducing the maximum floor area for a single retail use or groups of similar
(retail, office, services) principal uses to 10,000 sq. ft. The Planning and Zoning Board
and City Commission felt a floor area of 10,000 sq. ft. was more in keeping with
convenience stores and complimentary similar uses which may be found in a
neighborhood center. Included with the amendment was elimination of the restriction on
the number of similar office and business uses; and of a 2,000 sq. ft. limitation on the
aggregate for office and business uses. Also, the office restriction was modified to state
that the maximum area devoted to a single tenant for office or service uses shall not
exceed 2,000 sq. ft. in floor area.
At its meeting of August 7, 2001, the City Commission approved on second reading a
text amendment to the NC zoning district regulations [LOR Section 4.4.11 (B)(3)), which
eliminated the restrictions as to the types of business and professional office uses
allowed, and prohibited outdoor storage of any kind, except as specifically permitted
within the NC zoning district. The Commission discussed how the prohibition of outdoor
storage would make that aspect of an existing equipment rental facility, which co-
existed in a neighborhood for many years, non-conforming (2219 Seacreast Boulevard).
However, as the amendment was privately initiated, staff recommended that the
ordinance be approved and that a modification to the ordinance be made at a later date
to allow equipment rental and display as a conditional use.
At its meeting of February 5, 2002, the City Commission approved an amendment to the
NC zoning district regulations deleting equipment rental as a permitted use and
enacting a new subparagraph to allow "equipment rental and display" as a conditional
use. At its meeting of August 19, 2003, the City Commission approved an amendment
to the NC zoning district regulations to clarify the uses subject to the special regulations
section and to add "vocational school limited to arts and crafts, business, beauty,
dancing, driving, gymnastics, photography, modeling and karate-judo" as a permitted
use.
II ------- ,
PROPOSED LDR TEXT AMENDMENT I DEVELOPMENT PROPOSAL
-.... .. II. . ,.._,. ...-... . .___1'. ..11' .
An amendment to the NC zone district regulations has been requested to allow banks
and financial institutions up to a maximum of 6,000 sq. ft. of floor area. The request was
submitted by the developer of Fountains Center, which is currently under construction
Planning and Zoning Board Staff Report
LOR Amendment - NC zone district regarding Banks.
Page 3
on the west side of Military Trail, approximately 1,400 feet north of West Atlantic
Avenue. Washington Mutual Bank is currently located at the northeast corner of Atlantic
Avenue and Military Trail; however the bank must relocate by October 31,2005 and has
not been able to secure a location in the immediate area. The Bank and the owners of
Fountains Center are negotiating for the bank to occupy approximately 5,700 sq. ft. of
the plaza. The Bank has indicated that a drive-through facility will not be provided at the
proposed location. The Bank services approximately 50,000 transactions per month and
wishes to remain in the area to continue servicing its customers/community when the
current lease expires and it has to vacate its current premises.
The request is to allow banks to have a maximum floor area of 6,000 sq. ft. Thus, the
proposed text amendment is to LOR Section 4.4.11 (H)(1) as follows:
The maximum area devoted to a single tenant for office or service uses shall not exceed
2,000 sq. ft. in floor area. Notwithstandinq the above. banks or similar financial
institutions excludinq drive-throuqh bank facilities. may not exceed 6.000 SQ. ft. The
intent of these restrictions is to maintain the center at the neighborhood scale.
[I LDR TEXT AMENDMENT ANALYSIS II
LDR Section 2.4.5(M)(5) Findinas: Pursuant to LDR Section 2.4.5(M)(5), Findings,
in addition to LOR Section 1.1.6(A), the City Commission must make a finding that
the text amendment is consistent with and furthers the Goals, Objectives and
Policies of the Comprehensive Plan.
The purpose and intent of the NC zoning district is to provide the opportunity to locate
limited retail and service uses in a manner convenient to and yet not disruptive to
residential areas. The NC zoning has been applied to small commercial parcels that
have been annexed into the City and abut residentially-zoned property. In these
situations, NC zoning offered greater compatibility of the existing and future commercial
uses with the adjacent residential properties and assured that they would maintain a
neighborhood scale. There were also concerns that drive-through facilities, allowed in
other commercial districts, typically are not neighborhood oriented and create greater
traffic impacts.
As indicated in the background section of this report, there have been numerous
modifications to the NC zone district, which have made it more flexible, without allowing
the intensities and impacts of the General Commercial (GC) and Planned Commercial
(PC) zoning districts. There are only five small areas in the City zoned NC. With the
exception of the NC node at the intersection of Seacrest Boulevard and NE 22nd Street,
these areas/properties are located along major arterial roadways, which have larger
traffic volumes and service a larger area. Based upon City records, the majority of
banks located within the City exceed the current maximum 2,000 sq. ft. limitation in the
NC district. Those that are approximately 2,000 sq. ft. in size are obsolete and are
being replaced with banks generally between 4,000 and 5,000 sq. ft. Thus, while banks
and financial institutions are currently allowed, the floor area limitation would not
accommodate many of these facilities. As the proposed text amendment will continue to
,
Planning and Zoning Board Staff Report
LOR Amendment - NC zone district regarding Banks.
Page 4
prohibit drive-through lanes, the purpose and intent of the NC regulations will be
retained.
It is noted that if the text amendment is approved, and a bank greater than 2,000 sq. ft.
establishes in the NC zone district and later vacates the premises, every subsequent
use/occupant must comply with the floor area limitations of the NC zone district and the
building will have to be subdivided.
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. The proposed LDR amendment provides
additional flexibility to accommodate a service to the surrounding neighborhoods. While
the amendment does not fulfill a specific Goal, Objectives, and Policies of the
Comprehensive Plan, it is not inconsistent with them.
II --- - II
RECOMMENDED ACTION
.. --- . - - . --- - ...- _ n __... . -.. ...- --
Community Redevelopment Aaency:
At its meeting of March 10, 2005, the CRA Board reviewed and recommended approval
of the proposed text amendment.
Courtesy Notices: Courtesy notices have been 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.
II AL TERNA TIVE ACTIONS II
1. Continue with direction.
2. Move to recommend to the City Commission approval of the amendment to the
Land Development Regulations Section 4.4.11 (H)(1) Neighborhood Commercial
(NC) - Special 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 amendment to the
Land Development Regulations Section 4.4.11 (H)(1) Neighborhood Commercial
(NC) - Special Regulations, by adopting the findings of 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.
.
Planning and Zoning Board Staff Report
LDR Amendment - NC zone district regarding Banks.
Page 5
II RECOMMENDED ACTION -~
.. - - -- -- -- -. -- - ---. Move to recommend to the City Commission approval of the amendment to the Land
Development Regulations Section 4.4.11 (H)( 1) Neighborhood Commercial (NC) -
Special 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
. NC Zoned Districts Map
0/\
~~
II CITY COMMISSION DOCUMENTATION II
TO: DAVID T. HARDEN, CITY MANAGE~a.J ~ AI
PAUL DORLlNG, DIRECTOR OF PLANNING AND I~a -------
THRU:
FROM:
JEFFREY A. COSTELLO, ASSISTANT PLANNING E
SUBJECT: MEETING OF APRIL 19, 2005
CONSIDERATION OF A CITY INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS SECTION 2.4.4(E) "EXPIRATION OF
APPROVALS" TO SPECIFY THAT EXTENSIONS OF TIME GRANTED
PURSUANT TO SECTION 2.4.4(F)(4) SHALL NOT BE DEEMED A PREVIOUS
EXTENSION.
II BACKGROUND/ANALYSIS II
At its meeting of March 15, 2005, the City Commission approved an amendment to the Land
Development Regulations to lengthen the time frame to establish a project from eighteen (18)
months to twenty four (24) months. Pursuant to LDR Section 2.4.4(E)(2), approvals for
conditional uses, site plans, landscaping plans, architectural plans and preliminary subdivision
plats are limited to a twenty-four (24) month duration unless a different period is specifically
stated in conditions of approval. During the approval period, the project shall be established
pursuant to 2.4.4(D), unless the time period is extended pursuant to LDR Section 2.4.4(F). The
purpose of the proposed amendment is to clarify that an extension under Section 2.4.4(F)(4),
which relates to litigation preventing construction, IS not to be considered an extension under
2.4.4(E)(2). Thus, once litigation has concluded, the time frame to establish a project shall be
twenty-four (24) months; unless the litigation is not resolved within seven (7) years from the
initial date of approval, then the extension procedures of LDR Section 2.4.4(F)(1), (2), and (3)
would apply.
Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a
finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of
the Comprehensive Plan. This amendment is being initiated more for clarification purposes than
to fulfill any specific Comprehensive Plan policy. While the amendment does not specifically
further the Goals, Objectives, and Policies of the Comprehensive Plan, it IS not inconsistent with
them.
~ II......'. ",_ _.._1'" 11111'..'''.' --..-.. ....... - - ..,., I. . .._.. , ..II
PLANNING AND ZONING BOARD CONSIDERATION
. ..III.......... ... . .. ..,
The Planning and Zoning Board will consider the proposed text amendment at their meeting of
April 18, 2005 The Board's recommendation will be provided at the City Commission meeting.
II RECOMMENDED ACTION II
Move to approve the attached amendment to the Land Development Regulations Section
2.4.4(E) Expiration of Approvals. 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 May 3, 2005.
Attachment: Proposed Ordinance
\OE
ORDINANCE NO. 25-05
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA, BY AMENDING SECTION
2.4.4(E), "EXPIRATION OF APPROVALS",
SUBSECTION 2.4.4(E)(2), "CONDITIONAL USES,
SITE PLANS, LANDSCAPING PLANS,
ARCHITECTURAL PLANS, PRELIMINARY
SUBDIVISION PLATS", AND ORDINANCE NO.
11-05 TO PROVIDE THAT EXTENSIONS OF
TIME GRANTED PURSUANT TO SECTION
2.4.4(F)(4) SHALL NOT BE DEEMED TO BE A
PREVIOUS EXTENSION PURSUANT TO
SECTION 2.4.4(E)(2), PROVIDING FOR
APPLICABILITY; PROVIDING A SAVINGS
CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, the approvals for conditional uses, site plans, landscaping
plans, architectural plans and preliminary subdivision plats have been extended
by Ordinance No. 11-05.
WHEREAS, the City desires to clarify that an extension under Section
2.4.4(F)(4) is not to be considered an extension under 2.4.4(E)(2); and,
WHEREAS, pursuant to LOR Section 1.1.6, the Planning and Zoning
Board reviewed the proposed text amendment at a public hearing held on April
18, 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 further 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:
Section 1. That the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, is hereby amended by amending
Section 2.4.4(E), "Expiration of Approvals", Subsection 2.4.4(E)(2), "Conditional
Uses, Site Plans, Landscaping Plans, Architectural Plans, Preliminary
Subdivision Plats", is hereby amended to read as follows:
(E) Expiration of Approvals:
(2) Conditional Uses. Site Plans. Landscapinq Plans.
Architectural Plans. Preliminary Subdivision Plats: The following shall
apply to unexpired development approvals that have not been previously
extended and new development applications submitted prior to March 15,
2005 and to new development applications submitted after March 15,
2005. Development approvals shall be valid for a period of twenty-four
(24) months, unless a different period is specifically stated in conditions of
approval. During this approval period, the project shall be established
pursuant to 2.4.4(D). This section shall not apply to extensions of
development approvals. Extensions shall be governed by Section
2.4.4(F): provided. however an extension qranted under 2.4.4 (F)(4) shall
not be considered a previous extension under this section.
Section 2. 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 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 immediately
upon its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this _ day of ,2005.
MAYOR
ATTEST:
CITY CLERK
First Reading
Second Reading
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~\
SUBJECT: AGENDA ITEM # \OF - REGULAR MEETING OF APRIL 19. 2005
ORDINANCE NO. 20-05
DATE: APRIL 15, 2005
This ordinance is before Commission for second reading and public hearing for a City initiated
amendment to Land Development Regulations (LDR) Section 4.4.6, "Medium Density Residential
(RM) District", modifying the development standards in conjunction with the implementation of the
Southwest Area Neighborhood Redevelopment Plan.
On February 15, 2005, the City Commission adopted amendments to the Land Development
Regulations (LDR) to modify the RM (Medium Density Residential) zoning district regulations to
implement the density provisions in the Workforce Housing Ordinance. The amendment included
modifications to certain development standards to accommodate 24 units per acre within the
Southwest Neighborhood Overlay District. The standard Rl\f zoning district development standards
are more suburban than urban in character, which could not accommodate the increases in density to
achieve the desired type of workforce housing.
Although the intent of these modifications was to allow for increased density in developments
providing workforce housing, the specific language of the amendment failed to make this distinction.
Therefore, as currendy implemented, the new standards apply to all development within the Overlay
District. The amendment, before the Commission at this time, is being proposed to correct this error
by limiting the setback reductions/ changes to developments providing workforce housmg.
The Planning and Zoning Board held a public hearing at its meeting of March 21, 2005. There was
no public testimony. The Board voted 5-0 to recommend to the City CommisslOn approval of the
proposed amendment, based upon positive 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) (Amendment to Land Development Regulations).
At the first reading on April 5, 2005, the City Commission passed Ordinance No. 20-05.
Recommend approval of Ordinance No. 20-05 on second and final reading.
S:\Clty Clerk\agenda memos\Ord 20-05 LOR 4.4.6 Modtfylng RM O,stnct Oev Std SW Redev 041905
~
I CITY COMMISSION DOCUMENTATION I
TO: DA~
THRU: P~
FROM: R L.: lOR PLANNER
SUBJECT: MEETING OF APRIL 5, 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.
t BACKGROUND I
On February 15, 2005, the City Commission adopted amendments to the Land Development Regulations
to modify the RM (Medium Density Residential) zoning district regulations to implement the density
provisions in the Workforce Housing Ordinance. This amendment included modifications to certain
development standards so that 24 units per acre could be accommodated within the Southwest
Neighborhood Overlay District. The standard RM zone district development standards are more
suburban than urban in character, which could not accommodate the increases in density to achieve the
desired type of workforce housing.
Although the intent of these modifications was to allow for increased density in developments providing
Workforce Housing, the specific language of the amendment failed to make this distinction. Therefore, as
currently implemented, the new standards apply to all development within the Overlay District. The
amendment, before the Commission at this time, is being proposed to correct this error by limiting the
setback reductions/changes to developments providing workforce housing.
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 analysis of the text amendment are
provided in the attached Planning and Zoning Board staff report.
I PLANNING AND ZONING BOARD CONSIDERATION ~
The Planning and Zoning Board held a public hearing regarding this item at its meeting of March 21,
2005. The was no public input on the amendment. The Board voted 5-0 (Joseph Pike and Charles
Walker absent), to recommend to the City Commission approval of the amendment as proposed by
adopting the findings of fact and law contained in the staff report.
~ RECOMMENDED ACTION ~
Move to approve the amendment to the Land Development Regulations 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 April 19,
2005.
Attachments Proposed Ordinance & Planning & Zoning Board Staff Report of March 21,2005
\Olb
ORDINANCE NO. 20-05
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 SUBSECTION 4.4.6(F),
"DEVELOPMENT STANDARDS"; AND SUBSECTION
4.4.6(G), "SUPPLEMENTAL DISTRICT REGULATIONS," IN
ORDER TO CLARIFY THAT CERTAIN PROVISIONS OF
THE SOUTHWEST NEIGHBORHOOD OVERLAY
DISTRICT ONLY APPLY TO DUPLEX AND MUL TI-FAMIL Y
DEVELOPMENT THAT CONTAINS A COMPONENT OF
WORKFORCE HOUSING AS PROVIDED BY ARTICLE 4.7;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board
reviewed the proposed text amendment at a public hearing held on March 21, 2005,
and voted ..2- to ...Q... 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 4.4.6, "Medium Density Residential District", Subsection
4.4.6 (F), "Development Standards," 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:
1
(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.
(3) Southwest Neighborhood Overlay District Development Standards:
The following development standards apply to duplex and multi-familv development in
the Southwest Neighborhood Overlay District as defined in Section 4.5.9. which is beinq
developed pursuant to requlations set forth in Article 4.7," "FamilvlWorkforce Housinq":
(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 Garages, Carports and Porte-Cocheres: Garages,
carports and porte-cocheres must have a minimum 20' setback when
the entrance faces a public street or alley.
(c) Porch Encroachments: Front porches may extend 5' into the front or
side street setback and cannot occupy more than 50% of the building
frontage and cannot be enclosed in any manner.
Section 3. That Section 4.4.6, "Medium Density Residential District",
Subsection 4.4.6 (G), "Su pplemental District Regulations," of the Land
Development Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, be and the same is hereby amended to read as follows:
(G) Supplemental District Regulations: In addition to the supplemental district
regulations set forth in Article 4.6, the following supplemental district regulations shall
apply in the RM zone district.
2
(1 ) Southwest Neighborhood Overlay District: The following supplemental
district regulations shall apply to duplex and multi-familv development in the Southwest
Neighborhood Overlay District as defined in Section 4.5.9. which is beinq developed
pursuant to requlations set forth in Article 4.7." "Familv/Workforce Housinq":
(a) Parking in the front yard is discouraged. No parking shall be allowed in
the front yard unless there is no dedicated access to the side or rear of
the property.
(b) When garages are provided in the side or rear yards, on-street parking
must be provided.
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 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 ,2005.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
3
OELRA.Y REA.CH OELRA.Y BEA.CH
~4iJt'~. ~
A1i-Al8ic1C11y PLANNING AND ZONING BOARD A11._CIIy
, III I,~ ' III I.'
MEMORANDUM STAFF REPORT
l'J'Ji ,')) ,
1001 )1/01
MEETING OF: MARCH 21, 2005
AGENDA ITEM: IV.H CITY INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS 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.
l__.. _ ITEM BEFORE THE BOARD -~
---- ... . -...- - - -- - -- 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 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 LOR 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 -~
- n_ - - . - -- .--- -
Background:
At its meeting of December 6, 2004, the City Commission adopted the Family/Workforce
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 20% workforce housing units. Per the adopted Family/Workforce
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.
Planning & Zoning Board Memorandum Staff Report
LOR Amendment - RM regulations regarding Southwest Neighborhood Overlay District
Page 2
On February 15, 2005, the City Commission adopted amendments to the Land
Development Regulations to modify the RM (Medium Density Residential) zoning district
regulations to implement the density provisions in the Workforce Housing Ordinance. This
amendment included modifications to certain development standards so that 24 units per
acre could be accommodated within the Southwest Neighborhood Overlay District. The
standard RM zone district development standards are more suburban than urban in
character, which could not accommodate the increases in density to achieve the desired
type of workforce housing.
Although the intent of these modifications was to allow for increased density in
developments providing Workforce Housing, the specific language of the amendment failed
to make this distinction. Therefore, as currently implemented, the new standards apply to all
development within the Overlay District. The amendment, before the Board at this time, is
being proposed to correct this error by limiting the setback reductions/changes to
developments providing workforce housing.
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 Avenue on the north,
SW 1 dh Street on the south, Interstate 95 on the west, and Swinton A venue 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 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
- - .. . n_ --- n -- . --- ---- -----
Community Redevelopment Agency
At its meeting of March 10, 2005, the CRA Board reviewed and recommended approval of
the proposed text LDR amendment.
Planning & Zoning Board Memorandum Staff Report
LDR Amendment - RM regulations regarding Southwest Neighborhood Overlay District
. Page 3
West Atlantic Redevelopment Coalition (WARC)
The proposed amendment will be presented to W ARC at its April 13, 2005 meeting. The
Board's recommendation will be forwarded to the City Commission before second reading
of the Ordinance.
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.
t _ __ ______ .. _______ ALTERNATIVE ACTIONS _._~
------ - - - ..--
1. Continue with direction.
2. Move to recommend to the City Commission approval of the attached amendment to
the Land Development Regulations 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 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 inconsistent 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 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
\\carolina\departments\planning & zonmg\boards\p&z board\ldmnswoverlay correctIon doc
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITIMANAGER ~
SUBJECT: AGENDA ITEM # \QG - REGULAR MEETING OF APRIL 19. 2005
ORDINANCE NO. 13-05 (CITY INITIATED CORRECTIVE FUTURE
LAND USE MAP AMENDMENT AND REZONING)
DATE: APRIL 15, 2005
TIlls Ordinance is before Commission for second reading and public hearing for a City initiated
corrective Future Land Use Map Amendment (FLUM) from CF (Community Facilities) and ill
(Low Density Residential 0-5 dwelling units per acre) in part, to LD (Low Density Residential 0-5
dwelling units per acre) and rezoning from CF (Community Facilities) to R-1-AA (Single Family
Residential) for properties generally located on the west side of S.E. 7th Avenue, approximately 145
feet south of S.E. 2nd Street.
The proposed FLUM amendment and rezoning involves three (3) properties totaling 0.42 acres
within the Marina Historic District. The properties consist of the north 10 feet of Lot 18 and Lots
19, 20, and 21 (less the east 20 feet for S.E. 7th Avenue right-of-way), Gracey-Byrd Subdivision.
Each property contains a single family residence, which is at least 40 years old. The existing FLUM
designation of CF (Community Facilities) and zoning of CF are inappropriate given the existing use
of the properties. The FLUM amendment and rezoning will correct a mappmg error and result in
FLUM and zoning consistency. No new development or redevelopment is proposed as part of this
request.
On March 21, 2005, the Planning and Zoning Board held a public hearing in conjunction with the
request. There was no public testimony. The board voted 5-0 to recommend to the City
Commission approval of the corrective FLUM amendment and rezoning by adopting the findings of
fact and law contained in the staff report, finding that the request is consistent with the
Comprehensive Plan, and meets the criteria set forth in Land Development Regulations (LDR)
Section 3.1.1 (Required Findings), Section 3.2.2 (Standards for Rezoning Actions), and Section
2.4.5(D)(5) (Rezoning Findings).
At the first reading on April 5, 2005, the City Commission passed Ordinance No. 13-05.
Recommend approval of Ordinance No. 13-05 second and final reading.
S:\C1ty Clerk\agenda memos\Ord 13-05 FLUM and Rezonmg SE 7 Ave 041905
I ~
CITY COMMISSION DOCUMENTATION I
TO: DAVID T~N, ITY A~AGER
THRU: PAUL DORLlNG, DIRECT OF PLANNING AND ZONING
FROM: JEFFREY A. COSTELLO, ASSIST ANT DIRECTOR OF PLAN
SUBJECT: MEETING OF APRIL 5, 2005
CITY-INITIATED CORRECTIVE FUTURE LAND USE MAP AMENDMENT FROM CF
(COMMUNITY FACILITIES) AND LD (LOW DENSITY RESIDENTIAL 0-5 DUlAC), IN
PART, TO LD AND REZONING FROM CF (COMMUNITY FACILITIES) TO R-1-AA
(SINGLE FAMILY RESIDENTIAL) FOR PROPERTIES GENERALLY LOCATED ON
THE WEST SIDE OF S.E. 7TH AVENUE, APPROXIMATELY 145 FEET SOUTH OF
S.E. 2ND STREET.
t BACKGROUND I
The proposed FLUM amendment and rezoning involves three properties totaling 0.42 acres within the
Marina Historic District. The properties consist of the North 10 feet of Lot 18 and Lots 19, 20 and 21
(less the east 20 feet for S.E. 7th Avenue right-of-way) Gracey-Byrd Subdivision. Each property
contains a single family residence, which is at least 40 years old. The existing FLUM designation of CF
(Community Facilities) and zoning of CF are inappropriate for the property given the existing use of the
properties. The FLUM amendment and rezoning will correct a mapping error and result in FLUM and
zoning consistency for the properties. No new development or redevelopment is proposed as part of
this request. Positive findings can be made with respect to Future Land Use Element Policy A-1.7
(FLUM Amendments Findings) of the Comprehensive Plan, and Sections 3.1.1, 3.2.2, and 2.4.5(0) of
the Land Development Regulations. Additional background and an analYSIS of the request is found in
the attached Planning and Zoning Board Staff Report.
J PLANNING AND ZONING BOARD CONSIDERATION ~
At ItS meeting of March 21, 2005, the Planning and Zoning Board held a public hearing in conjunction
with the request. There was no public testimony regarding the proposal. After reviewing the staff report
and discussing the proposal, the Board voted 5-0 (Pike & Walker absent) to recommend to the City
Commission approval of the corrective Future Land Use Map amendment and rezoning, by adopting
the findings of fact and law contained in the staff report, and a finding that the request is consistent with
the Comprehensive Plan, and meets the criteria set forth in Sections 3 1 1, 3.2.2, and 2.4.5(0)(5) of the
Land Development Regulations.
l RECOMMENDED ACTION I
Move approval of the corrective Future Land Use Map amendment from CF and LD, in part, to LD and
rezoning from CF to R-1-AA, by adopting the findings of fact and law contained in the staff report, and a
finding that the request is consistent with the Comprehensive Plan, and meets the criteria set forth in
Sections 3.1.1, 3.2.2, and 2.4.5(0)(5) of the Land Development Regulations, with second reading to
occur on April 19, 2005.
Attachments. Proposed Ordinance & Planning and Zoning Board Staff Report of March 21, 2005
\~E
------ --- -----
ORDINANCE NO. 13-05
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, CHANGING THE FUTURE LAND USE
MAP DESIGNATION IN THE COMPREHENSIVE PLAN FROM CF
(COMMUNITY FACILITIES) IN PART AND LD (LOW DENSITY
RESIDENTIAL 0-5 DUlAC) IN PART TO LD (LOW DENSITY
RESIDENTIAL 0-5 DUlAC), AND REZONING AND PLACING LAND
PRESENTLY ZONED CF (COMMUNITY FACILITIES) DISTRICT TO
R-l-AA (SINGLE FAMILY RESIDENTIAL) DISTRICT; SAID LAND
BEING A PARCEL OF LAND LOCATED ON THE WEST SIDE OF SE
7TH AVENUE, APPROXIMATELY 145 FEET SOUTH OF SE 2ND
STREET, AS MORE P ARTICULARL Y DESCRIBED HEREIN;
ELECTING TO PROCEED UNDER THE SINGLE HEARING
ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN
AMENDMENTS; AMENDING "ZONING MAP OF DELRA Y BEACH,
FLORIDA, JULY 2004; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is designated on the Future Land Use Map
(FLUM) in the Comprehensive Plan for the City of Delray Beach, Florida, as CF (Community
Facilities) in part and LD (Low Density Residential 0-5 du/ac) in part; and
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated July 2004, as being zoned CF (Community Facilities); and
WHEREAS, at its meeting of March 21,2005, the Planning and Zoning Board for the City
of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 5 to
o to recommend approval of the small scale FLUM and that the property hereinafter described be
rezoned, based upon positive findings; and
WHEREAS, it is appropriate that the Future Land Use Map in the Comprehensive Plan be
amended to reflect the revised land use designation ofLD (Low Density Residential 0-5du/ac); and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, dated July 2004, be amended to reflect the revised zoning classification ofR-1-AA (Single
Family Residential); and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
furthers the objectives and policies ofthe 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 DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the legal description of the subject property is as follows:
The North 10 ft of Lot 18 (less the East 20 ft for S.E. 7th Avenue Right-of-way) and Lots
19 thru 21 (less the East 20 ft for S.E. 7th Avenue Right-of-way), Gracey-Byrd Subdivision
of Block 119, City of Delray, as recorded in Plat Book 10, Page 52 ofthe Public Records of
Palm Beach County, Florida.
Section 3. That the Future Land Use Map designation for the subject property in the
Comprehensive Plan is hereby changed from CF (Community Facilities) in part and LD (Low
Density Residential 0-5 du/ac) in part, to LD (Low Density Residential 0-5 du/ac).
Section 4. That the Zoning District Map of the City of Delray Beach, Florida, dated July
2004, is hereby changed from CF (Community Facilities) District toR-l-AA (Single Family
Residential) District.
Section 5. That the City of Delray Beach elects to make this small scale amendment by
having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(l)(c)3.
Section 6. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, dated July 2004
to conform with the provisions of Section 4 hereof.
Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 8. 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.
2 ORD NO.
Section 9. That this ordinance shall become effective thirty-one (31) days after adoption,
unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the
effective date of this amendment shall be the date a final order is issued by the Department of
Community Affairs, or the Administration Commission, finding the amendment in compliance with
Section 163.3184, F.S. No development orders, development permits, or land uses dependent on
this amendment may be issued or commence before it has become effective. If a final order of
noncompliance is issued by the Administration Commission, this amendment may nevertheless be
made effective by adoption of a resolution affirming its effective status, a copy of which resolution
shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview
Drive, Tallahassee, Florida 32399-2100.
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
3 ORD NO.
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: March 21, 2005
AGENDA ITEM: IV. c.
ITEM: City Initiated Corrective Future Land Use Map Amendment From CF (Community Facilities)
In Part and LD (Low Density Residential 0-5 du/ac) In Part To LD (Low Density Residential
0-5 du/ac) and Rezoning From CF (Community Facilities~ To R-1-AA (Single Family
Residential) for Properties located on the West Side of SE 7 Avenue, Approximately 145'
South of SE 2nd Street (Quasi-Judicial Hearing).
--~ ~~-
~- _ ATLANTIC . VET~RANS
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GENERAL DATA: ~~ 1 i!1 ~OJ]I, T. PLAZA
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ATLANTIC AVENUE
Owners................................ Rob~rt W. & Gloria K. Spicer T8 ITTTTffi [[IJ T rv Ii, II i I I
DavldW. &JoyM. Homan @ ~ . 1!lllll II,i Iii
David M. & Susan R. Yeager B~= = - ~
Applicant! Agent............. .. . .. . City of Delray Beach :== - >1 F= .
Location.............................. West side of SE ih Avenue, . E=~- <~~~
approximately 150 feet south of t= <( == - EE::::: ~
SE 2nd Street. S E 1ST '---- ~ ---sT C:::t:=
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Property Size....................... 0.42 acres -- '::i~: -: I [ I
Future Land Use Map.......... CF (Community Facilities) It: BANK -I;! I
Current Zoning.................... CF =
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Proposed FLUM.................. LD (Low Density residential 0-5 = ._ 'I~)..
du/ac) Io!. I ""
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Proposed Zoning............... R-1-AA (Single Family = - ,I '"
Residential) ,S~ 2ND ~liJiii: ST I! :::
Adjacent Zoning....North: CF -.L =. H L :
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East: R-1-AA -- = -.L
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South: R-1-AA --- -
West: CBD (Central Business District) ~-=- ~ == :: l
Existing Land Use............... Three (3) single family homes. c-r =. g == /~:;;
Proposed Land Use............. Same as existing ~ .3RD - ST ;:
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IV. C.
I I TE M BEFORE THE BOARD I
The action before the Board is making a recommendation to the City Commission on a City
initiated corrective Small-scale Future Land Use Map (FLUM) amendment from CF
(Community Facilities) and LD (Low Density Residential 0-5 du/ac), in part, to LD (Low
Density Residential 0-5 du/ac) and rezoning from CF (Community Facilities) to R-1-AA
(Single Family Residential) for 214,218 & 222 SE 7th Avenue.
Pursuant to LOR Section 2.2.2(E), the Local Planning Agency (Planning and Zoning Board)
shall review and make a recommendation to the City Commission with respect to all
amendments to the City's Future Land Use Map and rezoning of land.
I BACKGROUND I
The proposed FLUM amendment and rezoning involves three properties totaling 0.42 acres
within the Marina Historic District. The properties are generally located on the west side of
S.E. ih Avenue, approximately 150 feet south of S.E. 2nd Street. The properties consist of the
North 10 feet of Lot 18, Lots 19, 20 and 21 (less the east 20 feet for S.E. ih Avenue right-of-
way) Gracey-Byrd Subdivision. The properties contain the following:
214 SE 1h Avenue: Existing 1,038 sq.ft. single family dwelling constructed in 1922 in the
Frame Vernacular architectural style.
218 SE 1h Avenue: Existing 2,374 sq.ft. single family dwelling constructed in 1959.
222 SE 7th Avenue: Existing 1,491 sq.ft. single family dwelling constructed in 1937 in the
Frame Vernacular architectural style.
With the adoption of the City's Comprehensive Plan and Future Land Use Map (FLUM) in
November 1989, the FLUM designation was changed from Low Density Residential 0-5 du/ac
to Community Facilities - Church in conjunction with the adjacent First Church of Christ
Scientist property. Subsequently, with the Citywide rezoning and adoption of the Land
Development Regulations in October 1990, the property was rezoned from R-1-AA (Single
Family Residential) to CF (Community Facilities). It is noted the CF FLUM designation
suffixes were eliminated as part of the City's annual Comprehensive Plan Amendment 2004-
2.
The properties have been in private ownership for many years and recently there have been
a number of inquiries regarding the properties which brought the FLUM and zoning
inconsistencies to light.
I FUTURE LAND USE MAP AMENDMENT ANA LYSIS I
Florida Statutes 163.31873 - Small Scale Land Use Map Amendments:
This Future Land Use Map Amendment is being processed as a Small-Scale Development
pursuant to Florida Statutes 163.3187. This statute states that any local government
comprehensive land use amendments directly related to proposed small scale development
P & Z Board Staff Re~ort
214,218 & 222 SE yt Ave - Corrective FLUM Amendment and Rezoning
Page 2
activities may be approved without regard to statutory limits on the frequency of consideration
of amendments (twice a year), subject to the following conditions:
0 The amendment does not exceed 10 acres of land;
0 The cumulative effect of the amendments processed under this section shall not
exceed 120 acres within designated redevelopment and traffic concurrency exception
areas, or 60 acres annually in areas lying outside the designated areas;
0 The proposed amendment does not involve the same property, or the same owner's
property within 200 feet of property, granted a change within a period of 12 months;
0 That if the proposed amendment involves a residential land use, the residential land
use has a density of 10 units or less per acre;
0 The proposed amendment does not involve a text change to the goals, policies, and
objectives of the local government's comprehensive plan, but only proposes a land
use change to the future land use map for a site-specific small scale development
activity; and,
0 The property that is the subject of a proposed amendment is not located within an area
of critical state concern.
The Future Land Use Map amendment involves a 0.42-acre area, thus the total area is less
than the 10 acre maximum. The proposed amendment to LD (Low Density Residential - 0-5
du/ac) is less than the maximum 10 dwelling unit per acre limit set for residential
amendments. The property is not located within a designated redevelopment, urban infill,
downtown revitalization, or traffic concurrency exception area. This amendment along with
other small-scale amendments processed this year, outside the designated areas, will not
exceed 60 acres. The property has not previously been considered for a land use
amendment nor has the same property owner's properties, within 200 feet, been granted a
land use change, within the last year. The amendment does not involve a text change to the
Comprehensive Plan and it is not located within an area of critical state concern.
Pursuant to land Development Regulation Section 3.1.1(A) (Future land Use Map), all
land uses and resulting structures must be allowed in the zoning district within which
the land is situated and, said zoning must be consistent with the land use designation
as shown on the Future land Use Map.
The current CF zoning and CF Future Land Use Map designation do not allow the existing
single family residences. The Future Land Use Map amendment and rezoning is being
sought to eliminate an existing inconsistency.
REQUIRED FINDINGS:
Future land Use Element Policy A-1.7: Amendments to the Future land Use Map must
be based upon the following findings:
P & Z Board Staff Re~ort
214,218 & 222 SE t Ave - Corrective FLUM Amendment and Rezoning
Page 3
D Demonstrated Need -- That there is a need for the requested land use. The need
must be based upon circumstances such as shifts in demographic trends, changes
in the availability of land, changes in the existing character and FlUM designations
of the surrounding area, fulfillment of a comprehensive plan objective or policy, or
similar circumstances. The need must be supported by data and analysis. This
policy shall not apply to requests for the FlUM designations of Conservation or
Recreation and Open Space.
The current FLUM designation of CF is inconsistent with the existing use on the property.
This corrective amendment will apply a Future Land Use Map designation of LD (Low
Density Residential 0-5 du/ac) to the properties reflecting their existing use which has
continued for over 40 years. Thus, the amendment will eliminate an inconsistency and
correct a mapping error.
D Consistency -- The requested designation is consistent with the goals, objectives,
and policies of the most recently adopted Comprehensive Plan.
The proposed FLUM amendment to LD is corrective in nature and eliminates the
inconsistency between the FLUM designation and use of the property.
D Concurrency -- Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
The proposed rezoning and FLUM change is corrective, in nature and no new
development or redevelopment is proposed with the request. Thus, the request will have
no impact with respect to Concurrency.
D Compatibility -- The requested designation will be compatible with the existing and
future land uses of the surrounding area.
The requested designation of LD will be consistent with adjacent land use designations to
the east and south, and will accommodate the existing use of the properties. Since no
development changes are proposed and the current uses have existed for over 40 years,
no compatibility concerns are noted with the adjacent single family residences and church
use to the north.
D Compliance -- Development under the requested designation will comply with the
provisions and requirements of the land Development Regulations.
The subject property is developed and no additional improvements are proposed with this
request.
A review of the applicable Comprehensive Plan Policies was undertaken and the
following applicable policy was identified.
Coastal Management Element Policy C-3.2 - There shall be no change in the intensity
of land use within the barrier island and all intill development which does occur shall
connect to the City's storm water management system and sanitary sewer system
P & Z Board Staff Re~ort
214,218 & 222 SE i Ave - Corrective FLUM Amendment and Rezoning
Page 4
The proposed FLUM amendment will not change the intensity of land uses as there are
no changes proposed in the current uses on the site. It is noted the intensity of uses
allowed under the LD FLUM designation are equal to or less intense than those allowed
under the CF FLUM designation.
I ZONING ANALYSIS I
REQUIRED FINDINGS: (Chapter 3)
Pursuant to 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 Future Land Use Map,
Concurrency, Comprehensive Plan Consistency, and Compliance with the Land
Development Regulations.
Future land Use Map, Concurrency and Comprehensive Plan Consistency were
previously discussed under the "Future Land Use Map Amendment Analysis" section of this
report. Compliance with the Land Development Regulations with respect to Standards for
Rezoning Actions and Rezoning Findings are discussed below.
CONSISTENCY: Compliance with the performance standards set forth in Section 3.2.2
(Standards for Rezoning Actions), along with the required findings in Section
2.4.5(0)(5) (Rezoning Findings), 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.
Section 3.2.2 (Standards for Rezonina Actions): Standard Band C are not applicable
with respect to this rezoning request. The applicable performance standards of
Section 3.2.2 are as follows:
(A) The most restrictive residential zoning district that is applicable given existing
development patterns and typical lot sizes shall be applied to those areas
identified as "stable" and "stabilization" on the Residential Neighborhood
Categorization Map. Requests for rezonings to a different zoning designation,
other than Community Facilities, Open Space, Open Space and Recreation, or
Conservation shall be denied.
The surrounding residential area has been identified as stable on the Residential
Neighborhood Categorization Map. The adjacent residential properties south of SE 2nd
Street are zoned R-1-AA (Single Family Residential), which is the zoning classification
that has been applied to the properties for over 40 years. The R-1-AA zoning district
existed on the subject properties prior to 1990. While the City-initiated rezoning
request is to a designation other than identified in the above policy, the proposed R-1-
AA zoning is appropriate and is the most restrictive given the existing development
---- - ---
P & Z Board Staff Re~ort
214,218 & 222 SE i Ave - Corrective FLUM Amendment and Rezoning
Page 5
pattern and typical lot sizes south of SE 2nd Street as well as the fact the subject
properties were previously zoned R-1-AA.
(0) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land uses both existing and proposed; or
that if an incompatibility may occur, that sufficient regulations exist to properly
mitigate adverse impacts from the new use.
The property is surrounded by the following zoning districts: to the north is zoned CF;
to the east and south are zoned R-1-AA; and, to the west is zoned CBD (Central
Business District). The existing land uses are: a church (First Church of Christ
Scientist) to the north; single family residences to the east and south; and retail
(Discount Auto Parts) and auto repair (Firestone Center - nonconforming use) to the
west. The zoning action is corrective, and will result in the application of an appropriate
zoning classification which is consistent with the zoning designation of the adjacent
residential properties. The residential properties are separated from the commercial
properties to the west by an improved alley. With the redevelopment of the commercial
properties to the west, there are regulations that exist to mitigate any potential adverse
impacts to the residential properties. This single family uses have existed on the
properties for over 40 years and no new development is proposed.
(E) Remaining, isolated infill lots within the coastal planning area shall be
developed under zoning which is identical or similar to the zoning of adjacent
properties; and, the resulting development shall be of a design and intensity
which is similar to the adjacent development.
The subject properties have been developed in a manner consistent with the adjacent
R-1-AA zoning and has a similar design and intensity of the adjacent properties.
Based upon the above, positive findings can be made with respect to the applicable
performance standards.
Section 2.4.5(0)(5) (Rezonina Findinas):
Pursuant to Section 2.4.5(0)(5) (Findings), in addition to provisions of Section 3.1.1,
the City Commission must make a finding that the rezoning fulfills one of the reasons
for which the rezoning change is being sought. These reasons include the following:
a. That the zoning had previously been changed, or was originally established, in
error;
b. That there has been a change in circumstances which make the current zoning
inappropriate;
c. That the requested zoning is of similar intensity as allowed under the Future
land Use Map and that it is more appropriate for the property based upon
circumstances particular to the site and/or neighborhood.
P & Z Board Staff Re~ort
214,218 & 222 SE yt Ave - Corrective FLUM Amendment and Rezoning
Page 6
The reason for the rezoning is "a". The zoning change in 1990 was established in error as the
properties contained single family residences and were not owned or aggregated as part of
the adjacent church property. This corrective rezoning will result in the assigning of an
appropriate classification for the existing uses as well as achieve consistency with respect to
the use of the land.
I REVIEW BY OTHERS I
The development proposal is not located within the geographical area requiring review by the
DDA (Downtown Development Authority) or the CRA (Community Redevelopment Agency).
Historic Preservation Board
At its meeting of March 16, 2005, the Historic Preservation Board reviewed and
recommended approval of the proposed Future Land Use Map amendment and Rezoning
requests.
Courtesy Notices:
A special courtesy notice was provided to the following Homeowners and Civic Associations:
. Marina Historic District Association
. PROD (Progressive Residents of Delray)
. President's Council
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Letters of objection and support, if any, will be presented at the Planning and
Zoning Board meeting.
I ASSESSMENT AND CONCLUSION I
The existing FLUM designation of CF (Community Facilities) and zoning of CF are
inappropriate for the property given the existing use of the property. The FLUM amendment
and rezoning will correct a mapping error and result in FLUM and zoning consistency for the
properties. The residential uses on the property have existed at this site for many years and
will not be affected by the proposed changes. No new development or redevelopment is
proposed as part of this request. Positive findings can be made with respect to Future Land
Use Element Policy A-1.7 (FLUM Amendments Findings) of the Comprehensive Plan, and
Sections 3.1.1, 3.2.2, and 2.4.5(D) of the Land Development Regulations.
I .._- I
ALTERNATIVE ACTIONS
A. Continue with direction.
P & Z Board Staff Re~ort
214,218 & 222 SE i Ave - Corrective FLUM Amendment and Rezoning
Page 7
B. Move a recommendation of approval to the City Commission for the corrective Future
Land Use Map amendment from CF and LD, in part, to LD and rezoning from CF to
R-1-AA for 214, 218 & 222 SE 7th Avenue by adopting the findings of fact and law
contained in the staff report, and a finding that the request is consistent with the
Comprehensive Plan, and meets the criteria set forth in Sections 3.1.1, 3.2.2, and
2.4.5(D)(5) of the Land Development Regulations.
C. Move a recommendation of denial to the City Commission for the corrective Future
Land Use Map amendment from CF and LD, in part, to LD and rezoning from CF to R-
1-AA for 214, 218 & 222 SE 7th Avenue by adopting the findings of fact and law
contained in the staff report, and a finding that the request is inconsistent with the
Comprehensive Plan, and does not meet the criteria set forth in Sections 3.1.1, 3.2.2,
and 2.4.5(D)(5) of the Land Development Regulations.
I STAFF RECOMMENDATION I
Move a recommendation of approval to the City Commission for the corrective Future Land
Use Map amendment from CF and LD, in part, to LD and rezoning from CF to R-1-AA for
214, 218 & 222 SE 7th Avenue by adopting the findings of fact and law contained in the staff
report, and a finding that the request is consistent with the Comprehensive Plan, and meets
the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development
Regulations.
Attachments: Future Land Use Map & Zoning Map
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tffV1
SUBJECT: AGENDA ITEM # \O~ - REGULAR MEETING OF APRIL 19. 2005
ORDINANCE NO. 24-05 (AMENDING LAND DEVELOPMENT
REGULATIONS SECTION 4.5.1(C)(5) "DESIGNATION PROCEDURES")
DATE: APRIL 15,2005
TIlls ordinance is before Commission for second reading and public hearing for a City initiated
amendment to Land Development Regulations (LDR) Section 4.5.1 (C)(5), "Designation Procedures",
concerning the freeze period on the issuance of permits during the Histonc District designation
process.
At the first reading on AprilS, 2005, the Commission passed Ordinance No. 24-05.
Recommend approval of Ordinance No. 24-05 on second and final reading.
S:\Clty Clerk\agenda memos Ord 24-05 H1stonc DeSIgnation Process 041905
-~
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I CITY COMMISSION DOCUMENT A TION I
TO: DA~~~MANAGER
THRU: PAUL DORL NG, DI ~OR OF PLANNING AND ZONING
FROM: JEFFREY A. COST LO, ASSISTANT DIRECTOR OF PLAN
SUBJECT: MEETING OF APRIL 5,2005
CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS SECTION 4.5.1(C)(5) "DESIGNATION
PROCEDURES" CONCERNING THE FREEZE ON ISSUING PERMITS DURING
THE HISTORIC DESIGNATION PROCESS.
~ BACKGROUND I ANALYSIS I
The proposed amendment to the Land Development Regulations is to eliminate the freeze period
on the issuance of permits once a public hearing date for a historic designation is established. With
the processing of the proposed Northwest Swinton Avenue and Dell Park historic districts last year,
the City Commission had concerns with the current provision. LOR Section 4 5.1 (C)(5) states the
following:
Once the public hearing date is established, no permits shall be issued for any new construction,
alteration, relocation, or demolition of the real property included in the nomination. This delay in
the issuance of permits will remain in effect until one of the following takes place:
(a) The Historic Preservation Board denies the nomination and no appeal is filed
pursuant to Section 2.4.7(E); or,
(b) The City Commission formally approves or denies the nomination.
The above provision was adopted in 1987 as part of the City's Historic Preservation Ordinance.
The City's preservation efforts came to the for front in 1986, when a historically contributing 1930's
Mediterranean Revival style house located on the property at the southwest corner of South Ocean
Boulevard (A-1-A) and Nassau Street was demolished. ThiS prompted the creation of a historic
preservation ordinance. In 1987, the City's Historic Preservation Ordinance was adopted and, in
1988, the Nassau Park, Old School Square, Del-Ida Park, and Marina Historic Districts were
designated and in 1997 the West Settlers Historic District was designated.
The intent of the provision is to prevent or defer the immediate demolition or significant alteration of
historically contributing structures during the designation process The provision does not allow the
issuance of permits for proposals that are in the permit review process or for proposals where the
preparation of plans is nearing completion. When this occurs the property owner has usually made
a significant investment in the preparation of construction drawings. With the processing of the
Northwest Swinton Avenue and Dell Park Historic Districts last year, a couple of property owners
had submitted for building permits; however the permits could not be issued based upon the above
regulation. The situation was further exacerbated as the designation requests and associated
public hearings were postponed, which extended the designation process from the normal two
months to four months.
In essence, the provision is a moratorium on development activity until a decision is made
concerning the designation. The City Commission felt it was unfair to not issue a permit or to
\d..-F
City Commission Documentation
Meeting of April 5, 2005
LDR Text Amendment - Section 4 5.1 (C)(5) (Designation Procedures)
Page 2
require the redesign of the project in light of pending designations. They also expressed that the
designation process should be consistent with the manner in which other land use actions are
processed such as amendments to the Land Development Regulations. In most cases, changes
to the Land Development Regulations are not effective until second reading of the associated
ordinance. Proposals submitted subsequent to second reading must comply with the new
regulations regardless of how far along an applicant may be in the preparation of plans. In the case
of a historic designation, once second reading of the designation ordinance occurs, subsequent
submittals would be subject to the historic preservation regulations. There was also a concern that
this provision eliminated the option of taking additional time to educate the public on the benefits of
historic districts, given the pressures to reach a conclusion quickly.
Pursuant to LOR Section 2.4.5(M)(5), approval of an LOR amendment must be based upon a
finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of
the Comprehensive Plan. This amendment is being initiated more for "housekeeping" purposes
than to fulfill any specific Comprehensive Plan policy. While the amendment does not fulfill a
specific Goal, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them.
I REVIEW BY OTHERS I
Planning and Zoning Board:
At its meeting of March 21, 2005, the Planning and Zoning Board held a public hearing regarding
the proposed text amendment. There was no public testimony regarding the proposal. After
discussing the amendment, the Board voted 5-0 (Pike & Walker absent) to recommend to the City
Commission approval of the proposed amendment to the Land Development Regulations (LDRs)
by adopting the findings of fact and law contained in the staff report.
Historic Preservation Board (HPB):
At its meeting of March 16, 2005, the HPB reviewed and recommended denial of the proposed text
amendment to eliminate the current provision. The Board felt that the regulation currently in effect
should be modified to state that during the designation process that in order to obtain a permit the
applicant may process a Certificate of Appropriateness (COA) application as if the property was
within a designated historic district, which would be reviewed based on the historic preservation
criteria and design guidelines and require HPB approval. This would enable the property owner to
continue through the review process rather than being put on hold. If the applicant does not choose
this option, then the building permit could not be issued until a decision is made concerning the
historic designation.
I RECOMMENDED ACTION I
Move to approve the amendment to the Land Development Regulations (LDRs) Section
4.5.1 (C)(5) (Designation Procedures), 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 April 19, 2005.
Attachment: Proposed Ordinance
ORDINANCE NO. 24-05
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY
AMENDING SECTION 4.5.1, "HISTORIC PRESERVATION SITES
AND DISTRICTS", SUBSECTION 4.5.1(C), "DESIGNATION
PROCEDURES", BY REMOVING THE RESTRICTION ON ISSUING
BUILDING PERMITS DURING THE DESIGNATION PROCESS;
PROVIDING A SA VING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on March 21, 2005, and voted 5 to 0 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 DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 4.5.1, "Historic Preservation Sites and Districts", Subsection
4.5.I(C), "Designation Procedures", 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:
(C) Designation Procedures:
(I) Buildings, structures, archaeological sites, or districts which meet the criteria for historic
sites or districts set forth in Section 4.5.I(B) may be designated as historic sites or districts, and may be
listed on the Local Register of Historic Places.
(2) Nominations for historical site or district designation shall be made to the Historic
Preservation Board on an application form developed and approved by the Board.
(a) Nominations for historic site status may be initiated by:
------- -
.
(1) The Historic Preservation Board;
(2) The City Commission; or
(3) The property owner.
(b) Nominations for historic district status may be initiated by:
(1) The Historic Preservation Board; or
(2) The City Commission.
(3) The Board shall conduct a preliminary evaluation of the information provided on each
nomination application to determine if it generally conforms with historic status criteria. The Board shall
then prepare a designation report which shall contain the following:
(a) Proposed legal boundaries of the historic building, archaeological site, structure, or
district;
(b) any proposed conditional zoning regulations designed to replace or complement existing
zoning regulations with regard to, but not limited to use, floor area, density, height,
setbacks, parking, and minimum lot size;
(c) Analysis of the historic significance and character of the nominated property; and
(d) analysis of optional historic interiors for those buildings and structures with interior
features of exceptional architectural, aesthetic, artistic, or historic significance.
(4) Upon completion and formal review of the report, the Board shall set a public hearing on
each proposed designation. Notice of said hearing shall be made to the owner of affected property at least
ten days prior to the hearing by regular mail. Additional notice shall be given in the same manner as
provided for a rezoning action [see Section 2.4.2(B)(1)(b)] and by notice published in the newspaper at
least ten days prior to the hearing, provided, however, posting pursuant to 2.4.2(B)(1 )(b) is not required.
(5) Once the public hearing date is establishea, no permits shall be issl:led fer any neON
constrl:letion, alteration, reloeation, or demelition of the real property incll:lded in the nomination. This
delay in the issuanee of permits will remain in effect I:lntil one of the fellowing takes place:
(a) The Historic Preservatien Board denies the nemination and no appeal is filea pl:lfsl:lant
to Sectien 2.1. 7(E); or,
(b) The City Commission formally appre';es or aenies the nomination.
~ ill After conducting the public hearing, if the Historic Preservation Board finds that the
nomination fulfills the proper designation criteria and all procedures have been followed correctly, it
shall vote on the designation. A majority of the entire Board, present and voting, must act in the
affirmative to transmit the nomination and the Board's findings to the City Commission. The City
Commission shall consider the recommendation through its standard ordinance adoption procedures,
except that at least three affirmative votes of the City Commission is necessary to make a
designation. In the event that a directly affected property owner objects to the historic designation,
2 ORD. NO.
the Commission approval shall require a super majority vote of four votes.
f+1@ After conducting the public hearing, if the Historic Preservation Board does not find
that the request fills the criteria, no further action will be required and the request will be deemed
denied. However, an appeal may be filed and processed pursuant to Section 2.4.7(E).
E81 ill The Board will issue an official "certificate of historic significance" to the owner of
properties listed individually on the local historic register or judged as contributing to the character
of a historic district listed on the local historic register. The Director acting as City Preservation
Officer, or his appointee, is authorized to issue and place official signs denoting the geographic
boundaries of each historic district listed in the local historic register.
Section 3. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5. 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
3 ORD. NO.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER m1
SUBJECT: AGENDA ITEM # \ () :c. - REGULAR MEETING OF APRIL 19, 2005
ORDINANCE NO. 21-05 (AMENDING CHAPTER 99 "NOISE
CONTROL")
DATE: APRIL 15,2005
TIlls ordinance is before Commission for second reading and public hearing to amend Chapter 99,
"Noise Control", of the City Code of Ordinances to provide an updated noise control ordinance
referencing current zoning districts.
At the first reading on AprilS, 2005, the Commission passed Ordinance No. 21-05.
Recommend approval of Ordinance No. 21-05 on second and final reading.
S:\Clty Clerk\agenda memos Ord 21-05 NOISe Control 041905
- ok
-
[IT' DF DElRAY BEA[H tJM
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE. DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 . FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7090
DELRA Y BEACH
f L 0 I I D A
lI*d
Al-AmerIca City MEMORANDUM
~1Ir, I,
DATE: January 31,2005
TO: City Commission
David T. Harden, City Manager JOC8
FROM: Terrill Barton, Assistant City Attorney
SUBJECT: Noise Ordinance
.
Attached is a proposed ordinance amending the City's current noise ordinance in
order to update the zoning districts referenced throughout the ordinance.
Please place this ordinance on the next available agenda for first reading.
Thank you.
TCB:smk
Attachment
,
'OtG
-----
ORDINANCE NO. 21-05
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 99, "NOISE
CONTROL", OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, TO PROVIDE AN UPDATED NOISE
CONTROL ORDINANCE REFERENCING CURRENT ZONING
DISTRICTS; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, unreasonably loud and raucous noise can have adverse effects on the health
of residents in the community; and
WHEREAS, citizens desire protection from uninvited noise in their homes which disturbs
family privacy and domestic tranquility; and
WHEREAS, the City of Delray Beach seeks to prohibit unreasonable and disruptive noise,
including the kind and degree of sound amplification that is clearly incompatible with the normal
activities of certain locations at certain times; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to provide
its citizens with an up-to-date noise control ordinance that is applicable to the City's current
zoning districts.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA:
Section 1. That Title 9, "General Regulations", Chapter 99, "Noise Control", Section
99.02, "Definitions", is hereby amended to read as follows:
Section 99.02 Definitions.
(A) For the purpose of this Chapter the following definitions shall apply unless
the context clearly indicates or requires a different meaning:
(B) All terminology as used in this Article, and not otherwise defined below, shall
be in conformance with the applicable publications of the American National Standards
Institute (ANSI) or its successor body.
A-weighed sound level. The sound pressure level in decibels as measured on a
sound level meter using the A-weighting network. The level so read is designated dB(A) or
dBA.
Commercial area. /\11 that area locatod in tho following: For purposes of this
ordinance onlv. commercial area shall include all non-residential and non-industrial zoning
districts:
(1 ) Neighborhood Commercial District (NC);
(2) Community Commercial District (CC) Planned Commercial (PC);
(3) General Commercial District (GC);
(4) Speckllizod Commercial District (SC) Automotive Commercial (AC):
(5) Central Business District (CBD); aR9
(6) Limited Commercial District (LC) Central Business District - Rail Corridor
(CBD-RC);
(7) Residential Office (RO):
(8) Old School Sauare Historic Arts District (OSSHAD):
(9) Professional Office District (POD);
(10) Planned Office Center (paC):
(11 ) Special Activities District (SAD): and
(12) ResortlTourism (RT).
Construction. Any site preparation, assembly, erection, substantial repair, alteration
or similar action, but excluding demolition, for or of public or private rights-of-way,
structures, utilities or similar property.
Day-night average sound level (Ldn). The 24-hour energy of the A-weighted sound
pressure level, with the levels during the period 10:00 p.m. through 7:00 a.m. the following
day increased by ten (10) dBA before averaging.
Decibel (dB). A unit for measuring the volume of sound, equal to twenty (20) times
the logarithm to the base ten (10) of the ratio of the pressure of the sound measured to the
reference pressure, which is (20 micropascals twenty (20) micronewtons per square
meter).
Demolition. Any dismantling, intentional destruction or removal of structures,
utilities, public or private right-of-way surfaces or similar property.
2 ORD. NO. 21-05
Emergency. Any occurrence or set of circumstances involving actual or imminent
physical trauma or property damage which demands immediate action.
Emergency worle Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an emergency.
Environmental protection officer/noise control officer (EPO/NCO). The City
Manager or his designated agent, who shall have the lead responsibility for this Chapter.
Equivalent A-weighted sound level (Leg). The constant sound level that, in a given
situation and time period, conveys the same sound energy as the actual time-varying A-
weighted sound. For the purposes of this Chapter, a time period of twenty-four (24) hours
shall be used, unless otherwise specified.
Impulsive sound. Sound of short duration, usually less than one second, with an
abrupt onset and rapid decay. Examples of sources of impulsive sound include
explosions, drop forge impacts and the discharge of firearms.
Industrial area. All that area located in the following zoning districts:
(1 ) Light Industrial District (L1);
(2) Medium Industrial District (MI) Mixed Industrial and Commercial (MIC);
(3) Industrial (I): and
(4) Planned Commerce Center (PCCl.
L5D. The sound level exceeded one-half the time for the duration of the
measurement period.
Motor carrier vehicle engaged in interstate commerce. Any vehicle for which
regulations apply pursuant to Section eighteen (18) of the Federal Noise Control Act 1972
(P.L. 92-574), as amended, pertaining to motor carriers engaged in interstate commerce.
Motor vehicle. Any vehicle which is propelled or drawn on land by a motor, such as,
but not limited to, passenger cars, trucks, truck-trailers, semi-trailers, campers, go-carts,
snowmobiles, amphibious craft on land, dune buggies or racing vehicles, but not including
motorcycles.
Motorboat. Any vessel which operates on water and which is propelled by a motor,
including, but not limited to, boats, barges, amphibious craft, water-ski towing devices and
hover craft.
3 ORD. NO. 21-05
---
Motorcycle. An unenclosed motor vehicle having a saddle for the use of the
operator and two (2) or three (3) wheels in contact with the ground, including, but not
limited to, motor scooters and minibikes.
Muffler or sound dissipative device. A device for abating the sound of escaping
gasses of an internal combustion engine.
Noise. Any sound which annoys or disturbs humans or which causes or tends to
cause adverse psychological or physiological effect on humans.
Noise disturbance. Any sound which:
(1 ) Endangers or injures the safety or health of humans or animals; or
(2) Endangers or injures personal or real property.
Person. Any individual, association, partnership or corporation, and includes any
officer, employee, department, agency or instrumentality of a State or any political
subdivision of a State.
Powered model vehicle. Any self-propelled airborne, waterborne or land borne
plane, vessel or vehicle which is not designed to carry persons, including, but not limited
to, any model airplane, boat, car or rocket.
Public right-of-way. Any street, avenue, boulevard, highway, sidewalk or alley or
similar place which is owned or controlled by a governmental entity.
Public space. Any real property or structures thereon which are owned or controlled
by a governmental entity.
Pure tone. Any sound which can be distinctly heard as a single pitch or as a set of
single pitches. For the purposes of this Chapter, a pure tone shall exist if the 1-2-octave
band sound pressure level in the band with the tone exceeds the arithmetic average of the
sound pressure levels of the two (2) contiguous 1-2-octave bands by five-decibel dB for
center frequencies of five hundred (500) Hz and above and by eight-decibel dB for center
frequencies between sixty (60) and four hundred (400) Hz and by 15-decibel dB for center
frequencies less than or equal to 125 Hz.
Real properly boundary. An imaginary line along the ground surface, and its
vertical extension, which separates the real property owned by one person from that
owned by another person.
4 ORD. NO. 21-05
Residential area. All that 3raa located in the following For purposes of this
ordinance onlv. residential area shall include the followino zoning districts:
(1 ) R-1-AAA;
(2) R-1-AAA-B;
(3) R-1-AA;
(4) R-1-AA-B;
(5) R-1-A;
(6) R-1-A-B;
(7) RM-i RM'
-'
(8) RM 10 RR;
(9) RM 15 A;
(10) PRO 4 PRO;
(11 ) PRO 7 MH; aRG
(12) PRO 10 RL~
(13) Community Facilities (CF):
(14) Open Space (OS):
(15) Open Space & Recreation (OSR): and
(16) Conservation District (CD).
RMS sound pressure. The square root of the time average square of the sound
pressure-denoted Prms.
Sound. An oscillation pressure, particle displacement, particle velocity or other
physical parameter, in a medium with internal forces that causes compression and
rarefaction of that medium. The description of sound may include any characteristic of that
sound. including duration, intensity and frequency.
5 ORD. NO. 21-05
Sound level. The weighted sound pressure level obtained by the use of a sound
level meter and frequency weighting network, such as A, B or C as specified in American
National Standards Institute specifications for sound level meters (ANSI S1.4-1971 or the
latest approved revision thereof). If the frequency weighting employed is not indicated, the
A-weighting shall apply.
Sound level meter. An instrument comprising a microphone, amplifier and output
meter, and frequency-weighting networks, that is used for the measurement of sound
levels in a specified manner.
Sound pressure. A measure of sound power, usually given in dynes per square
centimeter.
Sound pressure level (in decibels). Twenty times the logarithm to the base of ten
(10) of the ratio of the pressure of the sound being measured to a reference sound
pressure of twenty (20) micronewtons-m2 or 0.0002 microbars.
Sound reproduction device. A device intended primarily for the production or
reproduction of sound including, but not limited to, any musical instrument, radio receiver,
television receiver, tape recorder, phonograph or sound amplifying system.
Sound signal device. A device designed to produce a sound signal when operated,
including, but not limited to, any klaxon, airhorn, whistle, bell, gong, siren, but not an
emergency signal device.
Warning device. Sound emitting devices used to alert and warn people.
Section 2. That Section 99.05, Subsection (A), "Sound Levels by Receiving Land Use"
shall be amended to read as follows:
Sec. 99.05. SOUND LEVELS BY RECEIVING LAND USE.
Maximum Permissible Sound Levels by Receiving Land Use. No person shall
operate or cause to be operated a source of sound as defined in Section 99.04 in a
manner as to create a sound level which exceeds the limits set forth for the receiving land
use category in subsection (A), (B) and (C) below, when measured on or within the
property boundary of the receiving land use and in the manner specified in the Code of
Recommended Practices, which is incorporated herein by reference.
6 ORD. NO. 21-05
(A) Sound Levels by Receiving Land Use.
LSD Sound Level
Limit, Decibel
Receiving Land Use Time Exterior Interior
Residential Area 7:00 a.m. through 10:00 p.m. 60 45
R 1 AAP. 10:00 p.m. through 7:00 a.m. 55 45
R 1AN\ B
R 1AA
R V\A B
R-4A
R 1/\ B
RM-9
RM 10
RM 15
PRO 4
PRO 7
PRO 10
SAD (residontial only)
Commercial Area At all times 65 45
NG
GG
SG
G8Q
bG
S.^,D (nonresidential only)
Industrial Area At all times 75 45
Y
Mt
Section 3. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
7 ORD. NO. 21-05
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
8 ORD. NO. 21-05
~
I CITY COMMISSION DOCUMENTATION I
TO: D1'~~MANAGER
THRU: PA L DORLlNG, DI TOR OF PLANNING AND ZONING
FROM: WARREN ADAMS, TORIC PRESERVATION PLANNER \Jt'JJSFfFfe)J.)~..@JU/)
SUBJECT: MEETING OF APRIL 19, 2005
REQUEST TO INDIVIDUALLY LIST THE PROPERTY LOCATED AT 302 NE 7TH
AVENUE (NORTHWEST CORNER OF NE 7TH AVENUE AND NE 3RD STREET) TO THE
LOCAL REGISTER OF HISTORIC PLACES.
I - - ..- -- --. -- .---- --- -- ---I
BACKGROUND I ANALYSIS
The Hartman House is a good example of a 2-story Frame Vernacular House built in 1923 during the
Florida Land Boom years of the 1920's. The house has been well maintained, has no additions, and
retains many of its original features such as windows, external doors, and stucco rendering. The first
occupant, Mr Gustav R. Hartman, was the Assistant Postmaster of the City of Delray Beach, and played
an important role in the developing city as most communications relied heavily on the postal service. He
lived in the house for 48 years which contributed to its level of preservation and lack of alterations. The
structure is outside the boundaries of the five eXisting historic districts and would make a good addition to
the 28 individually listed properties on the Local Register of Historic Places. Designating this site will help
preserve the character of the extant historic dwelling and may help promote the preservation of other
surrounding historic properties.
To qualify as a historic site the property must fulfill one or more of the criteria set forth in the Land
Development Regulations, Sections 4.5.1 (B)(2) and/or (3). The residence at 302 NE 7th Avenue is being
considered for listing in the Local Register of Historic Places as it fulfills three of the criteria. It is
associated in a significant way with the life or activities of a major person important in city, state, or
national history [4.5.1 (B)(2)(a)]; it exemplifies the historical, political, cultural, economic, or social trends
of the community in history [4.5.1 (B)(2)(d)]; and portrays the environment in an era of history
characterized by one or more distinctive architectural styles [4.5.1 (B)(3)(a)]. Additional information
concerning the proposed individual designation can be found in the attached Designation Report.
I HISTORIC PRESERVATION BOARD CONSIDERATION I
At its meeting of March 16, 2005, the HPB set a public hearing date of April 6, 2005, to discuss the
proposed designation and provide a recommendation to the City Commission for the individual historic
property listing. On April 6, 2005, the HPB voted unanimously (4-0) to forward a recommendation of
approval to the City Commission to list the Hartman House (302 NE 7th Avenue) in the Local Register of
Historic Places.
I RECOMMENDA liON I
Move approval on first reading of Ordinance No. 26-05 that the residence and associated property at 302
NE 7th Avenue (The Hartman House) be listed in the Local Register of Historic Places, 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 Sections 4.5.1 (B) and 4.5.1 (C) of the Land Development
Regulations.
Attachments. Ordinance No. 26-05 and Designation Report
\~I\
ORDINANCE NO. 26-05
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, DESIGNATING THE HARTMAN
HOUSE, LOCATED AT 302 NE 7TH AVENUE, AS MORE
PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC
SITE; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP
OF DELRA Y BEACH, FLORIDA, JULY, 2004"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, Section 4.5.1 of the Land Development Regulations of the Code of Ordinances
of the City of Delray Beach provides for the designation and protection of historic sites; and
WHEREAS, George Risolo, Peter Canelo and Eric Hauser, as property owners, have
nominated the property described herein to be designated as a local historic site; and
WHEREAS, the Historic Preservation Board of the City of Delray Beach held a duly noticed
public hearing in regard to the designation of the property as a local historic site; and
WHEREAS, on April 6, 2005, the Historic Board of the City of Delray Beach recommended
4 to 0 that the property described herein be designated a local historic site; 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; and
WHEREAS, the City Commission of the City of Delray Beach has conducted a duly noticed
public hearing in regard to the designation of the property described herein as a local historic site.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the following described property in the City of Delray Beach, Florida, is
hereby designated as a local historic site in accordance with and under the provisions of Section
4.5.1 of the Land Development Regulations of the City of Delray Beach, Florida, to-wit:
-
Lots 13 and 14, Block 113, Highland Park according to the map or plat thereof as recorded
in Plat Book 2, Page 79, ofthe Public Records of Palm Beach County, Florida
Section 3. That the Planning Director of said City shall, upon the effective date of this
ordinance, amend the zoning Map of the City of Delray Beach, Florida, to show the historic
designation, in an overlay manner.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
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.
Section 6. That this ordinance shall become effective immediately upon passage on second
and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the _
day of ,200_.
ATTEST MAYOR
City Clerk
First Reading
Second Reading
2 ORD NO. 26-05
)
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- THE HARTMAN HOUSE
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TABLE OF CONTENTS
I. GENERAL INFORMATION
II. LOCATION MAP
III. HISTORICAL AND CULTURAL SIGNIFICANCE
IV. ARCHITECTURAL SIGNIFICANCE
V. STATEMENT OF SIGNIFICANCE
VI. BIBLOGRAPHY AND SOURCES
Report Prepared By:
Weiner & Aronson, P.A.
102 North Swinton Avenue
Delray Beach, Florida 33444
(561) 265-2666
Prepared on February 14, 2005
Property Owned By:
George Risolo
Peter Canelo
Eric Hauser
302 N.E. ih Avenue
Delray Beach, Florida 33483
(203) 943-5939
2
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I. GENERAL INFORMATION
Address: 302 NE th Avenue, Delray Beach, Florida 33483
legal Description: Lots 13 and 14, Block 113, HIGHLAND PARK,
according to the map or plat thereof as recorded in
Plat Book 2, Page 79, of the Public Records of Palm
Beach County, Florida
Parcel Identification 12-43-46-16-05-113-0130
Number:
Present Zoning: RM (Medium Density Residential)
Present Use: Residential
Construction Date: 1923 (according to Delray Beach Building Permits)
1926 (according to Palm Beach County Tax Rolls)
Classification for Historical, Cultural and Architectural
Designation:
II. lOCATION MAP
The map is on a separate page supplied by the City.
III. HISTORICAL AND CUl TURAl SIGNIFICANCE
The City of Delray Beach considers a property "historic" if it is at least fifty
years old and holds significance for its historical associations with a person,
event, or trend in Local, State, or National history. Since the structure located at
302 NE th Avenue was built in 1923 according to the Delray Beach building
permit records, this structure is over 82 years old. The original occupant of this
house from the time it was built in 1923 until he passed away in 1971 was Mr.
Gustav R. Hartman. Mr. Hartman was the Assistant Postmaster for the City of
Delray Beach.
The Hartman House, as it is to be known, was built during the great
Florida Land Boom of the 1920s. The pineapple crops in Delray were deprived
of water due to changes made in the drainage operations by the Lake Worth
Drainage District. This resulted in the lowering the water table in Delray Beach.
The lack of moisture kept the pineapple crops from growing to full size. The
3
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small pineapple crops combined with the fact that competition was increasing
from the Cuban pineapple market, caused the Delray pineapple farmers to lose
money. Due to the down sizing of pineapple crops of Delray Beach, one of
Delray's most notable figures, Adolf Hofman, started to view land as a commodity
that could be developed and sold. The population of Delray was increasing in
the early 1920s, and so was the need for residential housing. In 1913, Hofman
platted the neighborhood from Northeast Seventh Avenue to the railroad tracks
between Northeast Fifth Street and Northeast Seventh Street. Even though this
subdivision was just north of the Hartman House, this shows that the great
Florida land Boom was in full effect and the Hartman House was right in the
thick of the developmental area.
IV. ARCHITECTURAL SIGNIFICANCE
The Hartman House is a two-story wood frame house with stucco exterior
and a gable roof. The architectural style of this house is prominently "Frame
Vernacular" with a slight influence from the mission revival. During the great
Florida land boom of the 1920s, the influence of the historic Spanish Missions
was being revived through the mission style of architecture throughout south
Florida. Therefore, a combination of architectural styles such as vernacular and
mission was very popular in Delray Beach during the time the Hartman House
was built.
V. STATEMENT OF SIGNIFICANCE
The Historical and Cultural Significance of the Hartman House is evident
when compared to the sections of the City of Delray Beach land Development
Regulations (lDRs) which pertain to the designation of historic sites. According
to Section 4.5.1 (B)(2), a building, structure, site, interior, or district will be
deemed to have historical or cultural significance if it meets one or more of five
criteria set forth by this section of the lDRs. The following criteria are met by the
Hartman House:
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(a) Is associated in a significant way with the life or activities of a major
person important in city, state, or national history
One of the most important public roles in any City during the early
twentieth century was the postman. This was before fax machines, computers
and other forms of communications which we now take for granted. The citizens
of the day relied on the mail and the mail only. The person that filled this role in
the City was Mr. Gustav R. Hartman, the Assistant Postmaster of Delray Beach.
Thus, the first criterion is clearly met.
(d) Exemplifies the historical, political, cultural, economic, or social trends
of the community in history
This criterion is met as the Hartman house was built in 1923 during the
great Florida Land Boom of the 1920s, when much of Delray Beach was
experiencing real estate development.
The Architectural significance of the Hartman House is evident when
compared to the sections of the LDRs which pertain to the designation of historic
sites. Pursuant to Section 4.5.1 (B)(3), a building, structure, site, or district is
deemed to have architectural or aesthetic significance if it fulfills one or more of
the four criteria set forth by this section of the LDRs. The following criterion is
met by the Hartman House:
(a) Portrays the environment in an era of history characterized by one or
more distinctive architectural styles
This is evident as the Hartman House was built using the frame vernacular
style of architecture with a slight influence from the mission revival, both of which
were popular architectural style of the 1920s.
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VI. BIBLIOGRAPHY AND SOURCES
Delray Beach Planning and Zoning Department, Delray Beach Historic
Preservation Design Guidelines
Delray Beach Building Department Records (1923 -1970)
Delray Beach Historical Society, Prominent Architectural Styles in Delray Beach,
The Art of Architecture 20th Century Styles - 21st Century Trends
Hofman, Charles, From Farmland to Land Development The Florida Boom,
Letters from Linton, 2004, pg. 179
Johnson, John. Good Neighbors in a Village by the Sea, Division of Historical
Resources
Miller's Delray Beach Florida (1953 -1954) City Directory, Volume III, pg 154
Palm Beach County Genealogical Society, Delray Beach Memorial Gardens
Index of Burials, September 1903 - September 1987, pg 28
Palm Beach County Property Appraisers Website
Patterson, Dorothy W., Archivist, Delray Beach Historical Society, Cornell
Archives Room, Delray Beach, Florida, February 3, 2005
6