07-19-05 Agenda Reg
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City of Delray Beach
Regular Commission Meeting
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RULES FOR PUBLIC PARTICIPATION
l. 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. July 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. A. Public Hearings: Any citizen is entitled to speak on items under this
Commission Chambers
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 indiVldual with a
disability an opportunity to participate 1n and enjoy the benefits of a service,
Phone: (561) 243-7000 program, or actiVlty conducted by the CIty. Contact Doug Randolph at 243-
Fax: (561) 243-3774 7127,24 hours prior to the event 1n order for the CIty to accommodate your
request. Adaptive hstening devices are available for meetmgs in the
Commission Chambers.
1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL.
S. APPROVAL OF MINUTES:
. July 5, 2005 - Regular Meeting
. July 12,2005 - Special/Workshop Meeting
6. PROCLAMATIONS:
A. National KidsDay - August 7,2005
7. PRESENTATIONS:
A. Legislative Session Update - Senator Ron Klein
8. CONSENT AGENDA: City Manager Recommends Approval.
A. FINAL BOUNDARY PLAT APPROVAL/OWENS BAKER PLAT: Approve the
boundary plat for Owens Baker Plat (Atlantic High School Site) which includes fonnal
abandonments of rights-of-way of dedicated street networks within the Parkside
Townhomes and Breezy Ridge Estates Plat, located on the north side of West Atlantic
Avenue, between Coral Trace Boulevard and the Lake Worth Drainage District
(LWDD) E-4 Canal.
B. RESOLUTION NO. 49-05: Approve Resolution No. 49-05 assessing costs for action
necessary to remove junked and/or abandoned vehicles from six (6) properties
throughout the City.
C. EASEMENT DEEDS/S.W.lN.W. 5TH AVENUE: Approve and accept easement
deeds and construction documents with property owners along S.W./N.W. 5th Avenue
for the S.W./N.W. 5th Avenue Improvements Project.
D. DONATION OF BRONZE STATUE: Authorize acceptance of a gift of a bronze
replica of a boy on a skateboard valued at $2,500.00 for the Skate Park.
E. FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)/
RESOLUTION NO. 46-05 AND RESOLUTION NO. 47-05/GATEWAY
PARKS: Approve a Joint Participation Agreement GPA) and a Memorandum of
Agreement (MOA) with the Florida Department of Transportation (FD01) for
funding in the amount of $40,000.00 for landscape improvements to the Gateway
Parks; and approve Resolution No. 46-05 and Resolution No. 47-05.
07 -19-2005
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F. SERVICE AUTHORIZATION NO. 2/HAZEN & SAWYER. INC.: Approve
Service Authorization No.2 to Hazen & Sawyer, Inc. in the amount of $163,150.00 for
design of infrastructure 11Ilprovements for the Osceola Park Neighborhood
Improvements Project. Funding is available from 334-3162-541-65.85 (General
Construction Fund/Osceola Park), 442-5178-536-65.85 (Water/Sewer Renewal &
Replacement Fund/Osceola Park), and 448-5461-538-65.85 (Stonnwater Utility Fund/
Osceola Park).
G. RESOLUTION NO. 51-05: Approve Resolution No. 51-05 adopting the National
Incident Management System (NIMS) as the official management standard for
emergency operations within the City.
H. SERVICE AUTHORIZATION NO. 2/KEITH & SCHNARS: Approve Service
Authorizanon No.2 to Keith & Schnars in the amount of $125,760.00 for design of
hardscaping and landscaping improvements for the West Atlantic Avenue Phase 3
Beautification Project. Funding is available from 334-3162-541-65.24 (General
Construction Fund/West Atlantic Avenue Beautification Phase 3/10th Avenue to 6th
Avenue) and 441-5161-536-65.24 (Water/Sewer Fund/West Adantic Avenue
Beautification Phase 3/10th Avenue to 6th Avenue).
I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
July 5, 2005 through July 15,20005.
J. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Conco Horticultural in the amount of $36,093.50 for the
installation of a landscape buffer at the Gateway Parks. Funding is available
from 119-4151-572-61.74 (Beautification Trust Fund/Gateway Parks).
2. Purchase award to Contemporary Controls & Communications, Inc. in the
amount of $41,328.67 for the purchase of nine (9) Flow Meters, one (1) Irrinet
with two (2) radios and eight (8) Scorpio Controllers for the West Linton
Boulevard Beautification Project. Funding is available from 119-4151-572-63.20
(Beautification Trust Fund/Landscaping/Beautification).
3. Purchase award to GameTime in the amount of $79,996.84 via Florida State
Contract #650-001-04-1 for playground equipment for Lake Ida Park. Funding
is available from 380-4150-572-63.26 (2004 G.o. Bond/Lake Ida Park).
4. Purchase award to GameTime in the amount of $39,692.11 via Florida State
Contract #650-001-04-1 for playground equipment for the Mike Machek Boy
Scout Park. Funding is available from 380-4150-572-63.25 (2004 G.O.
Bond/Boy Scout Hut Park).
S. Contract award to Chaz Equipment for the Swinton A venue Beautification
Project.
07-19-2005
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9. REGULAR AGENDA:
A. WAIVER REOUEST ISHERWOOD PONTIAC DEALERSHIP: Consider a
waiver request to allow a temporary sales/office trailer for Sherwood Pontiac, located at
2450 South Federal Highway, approximately 600 feet north of Fladell's Way. (Quasí-
Judicial Hearing)
B. RECONSIDERATION OF APPROVED OPERATING HOURS
CONDITIONAL USE REOUESTS/OUICK LANE TIRE SERVICE
CENTER/FULL SERVICE AUTO REPAIR: Reconsideration of the approved
operating hours for the establishment of a Quick Lane Tire Service Center; and the
establishment of an auto repair facility in conjunction with a used car dealership within
the AC (Automotive Commercial District), located on a 3.04 acre site at 2225 and 2255
South Federal Highway, approximately 300 feet south of Tropic Boulevard. (Quasí-
Judicial Hearing)
C. AGREEMENT /JEG ASSOCIATES. INC.: Consider two (2) options for resolving
the conflict of interest regarding the JEG Associates, Inc. Agreement for consulting
services for the implementation of the Southwest Neighborhood Plan.
D. PROPOSED MILLAGE RATE: Consider approval of a proposed millage rate for
FY 2006, and set the budget review and adoption schedule.
E. REQUEST ¡NAMING OF INGRESS-EGRESS EASEMENT: Consider a
request to name an Ingress-Egress Easement "Pugliese's Way", located north ofN.E. 1st
Street between N.E. 2nd Avenue and 3rd Avenue within the Creations at Delray Beach
Development.
F. AMENDMENT NO. l/FUNDING AGREEMENT /COMMUNITY
REDEVELOPMENT AGENCY (CRA)/CHAMBER OF COMMERCE/
BUSINESS RECRUITMENT: Consider approval of Amendment No.1 to the
Funding Agreement between the City, the Community Redevelopment Agency (CRA),
and the Chamber of Commerce for the funding of the Business Recruitment Director
position.
G. EXTENSION /MOTOROLA MAINTENANCE AND SUPPORT
AGREEMENT: Approve an extension to the Maintenance and Support Agreement
SA#002292-000 with Motorola in the annual amount of $46,044.00 for support and
upgrades to the Mobile Data Computer Software for the Police Department. Funding
is available from 001-2113-521-46.90 (General Fund/Other Repair/Maintenance
Costs).
H. CLASS ACTION SETTLEMENT / AON COMPANY: Consider approval of
participating in a class action settlement to collect money from the Daniel Fund
regarding insurance purchased from Aon Company.
07-19-2005
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I. APPOINTMENT OF COMMUNITY REDEVELOPMENT AGENCY (CRA)
CHAIRMAN/VICE-CHAIRMAN: Appoint a Chainnan and Vice-Chainnan to the
Community Redevelopment Agency Board.
]. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY:
Appoint one (1) resident member to the Delray Beach Housing Authority for an
unexpired tenn ending July 14, 2006. Based upon the rotation system, the appointment
will be made by Commissioner McCarthy (Seat #4).
K. APPOINTMENTS TO THE EDUCATION BOARD: Appoint one (1) regular
member to the Education Board for a two (2) year term ending July 31, 2007 and
appoint one (1) student member for a one (1) year term ending July 31, 2006. Based
upon the rotation system, the appointments will be made by Mayor Perlman (Seat #5)
and Commissioner Archer (Seat #2).
L. APPOINTMENT TO THE PLANNING AND ZONING BOARD: Appoint
one (1) regular member to the Planning and Zoning Board for an unexpired tenn
ending August 31, 2006. Based upon the rotation system, the appointment will be made
by Commissioner Ellis (Seat #1).
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 50-05: An ordinance designating the Sewell C. Biggs House,
located at 212 Seabreeze Avenue, to the Local Register of Historic Places.
B. ORDINANCE NO. 51-05: City initiated amendment to Land Development
Regulations (LDR), Article 6.3, "Use and Work in the Public Right-of-Way", relating to
Sidewalk Cafes.
C. RESOLUTION NO. 48-05: A resolution establishing a budget for the Stonnwater
Utility System, establishing the rates for FY 2006 Stormwater Management
Assessments, and certifying and adopting the Stonnwater Assessment Roll.
D. ORDINANCE NO. 49-05: City initiated amendment to Land Development
Regulations (LDR), Section 2.4.3(K)(1), "Development Applications", to provide for an
increase in the Development Application Fees.
E. ORDINANCE NO. 44-05: City initiated small scale Future Land Use Map (pLUM)
Amendment from LD (Low Density Residential 0-5 du/ac) to OS (Open Space) and
rezoning from R-l-AAA-B (Single Family Residential) to OSR (Open Space and
Recreation) for Cornell Park, a 3.4 acre parcel of land, located at the northeast comer of
N.W. 9th Street and N.W. 4th Avenue.
F. ORDINANCE NO. 47-05 (SECOND READING/SECOND PUBLIC
HEARING): City initiated amendment to Land Development Regulations (LDR),
4.6.9(B)(4), "Off-Street Parking Regulations; Applicability", to provide a credit for
parking under certain circumstances where a governmental entity acquires property for
public parking or parks.
07-19-2005
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G. ORDINANCE NO. 46-05 (SECOND READING/SECOND PUBLIC
HEARING): City initiated amendment to Land Development Regulations (LDR),
4.4.21 (B), "Principal Uses and Structures Allowed", to add Clubs and Lodges which do
not serve alcohol as a Permitted Use within the Community Facilities (CF) Zoning
District.
H. ORDINANCE NO. 48-05 (SECOND READING/SECOND PUBLIC
HEARING): City initiated amendment to Land Development Regulations (LDR),
4.3.3(D), "Residential and Non-Residential Licensed Service Provider Facilities", and
Appendix "A", "Definitions", regarding Prevention Education Service Providers.
I. ORDINANCE NO. 52-05: 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 adopt changes to a
previously enacted ordinance that mistakenly lettered the optional enhanced multiplier
as 3s.097(C) instead of 35.097(N).
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:
. NONE
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: .JULY 15, 2005
07-19-2005
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CITY COMMISSION
CITY OF DELRAY BEACH. FLORIDA
REGULAR MEETING - TUESDAY. JULY 19. 2005
6:00 P.M. - COMMISSION CHAMBERS
AGENDA ADDENDUM
THE AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM:
8. CONSENT AGENDA
K. TWO (2) K-9 SALE AND HOLD HARMLESS AGREEMENTS FOR
APPROVAL/OFFICERS KENNETH DUARTE AND DAVID WEATHERSPOON
AND THE CITY OF DELRAY BEACH: Consider approval of two (2) Police K-9
Sale and Hold Harmless Agreements between Officers Kenneth Duarte and David
Weatherspoon and the City of Delray Beach. These agreements authorize the sale of
Don and Art (Canine Officers) to Weatherspoon and Duarte respectively for $1.00.
Officers Weatherspoon and Duarte further indemnify the City for any damages caused
by the K-9's after the sale.
L. PROPOSAL FOR A COMPREHENSIVE SURVEY OF THE CITIZENS OF
DELRA Y BEACH REGARDING THEIR PERCEPTIONS OF OUR POLICE
DEPARTMENT: Approve agreement with DiagnosticsPlus, a sole source vendor, to
conduct a survey to obtain a comprehensive, representative picture of attitudes and
perceptions of the citizens of the City of Delray Beach regarding their Police
Department. The results of the research will identify positive and productive approaches
to improving the services provided, and to better the communications between the
citizens and the Police Department. The total cost for the survey will be $25,000.00;
funds are available in 115-2112-521-49.90 (Other Current Charges).
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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.
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JULY 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 6:05 p.m., Tuesday, July 5, 2005.
1. Roll call showed:
Present - Commissioner Patricia Archer
Commissioner Rita Ellis
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Mayor Jeff Perlman
Absent - Susan Ruby, City Attorney
Also present were - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Brian Shutt, Assistant City Attorney
Janet K. Whipple, Acting City Clerk
l The opening prayer was delivered by Reverend Ron Arflin with Abbey
Delray South.
J.. The Pledge of Allegiance to the flag of the United States of America was
gt ven.
4. AGENDA APPROVAL.
Mayor Perlman noted the addition of Item 6.B., Rotary Rota-Read-a-
Thon Proclamation and Item 12.B., Ordinance No. 36-05 has been removed due to the
applicant's request.
Also, Mr. Levinson requested that Item 8.P.I, Award of Bids and
Contracts be moved from the Consent Agenda to the Regular Agenda as Item 9.A.1.
Mrs. Archer moved to approve as amended, seconded by Mrs. Ellis. 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.
5. APPROVAL OF MINUTES:
Mr. Levinson moved to approve the Minutes of the Regular meeting of
June 21, 2005, seconded by Ms. McCarthy. Upon roll call the Commission voted as
follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman
- Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote.
07/05/05
6. PROCLAMATIONS:
6.A. Recof!nizinf! Bahamian Independence Dav
Mayor Perlman read and presented a proclamation hereby proclaiming
July 10, 2005 as Bahamian Independence Day in Delray Beach. Bishop R.L. Howard
came forward to accept the proclamation and thanked the City Commission and the City
Manager for their support.
6.B. Rotary's Rota-Read-a- Thon
Mayor Perlman read and presented a proclamation hereby proclaiming
July 8, 2005 as Rotary's Rota-Read-a- Thon Day. Betsy Owen came forward to accept
the proclamation and thanked the City Commission for their support.
7. PRESENTATIONS:
7.A. Government Finance Officers Association - Distinf!uished Budf!et
Presentation Award
Mayor Perlman presented the 16th Government Finance Officers
Association - Distinguished Budget Presentation Award to Yvonne Walker,
FinanciaVCompliance Officer for the Finance Department.
8. CONSENT AGENDA: City Manager Recommends Approval.
8A. FINAL BOUNDARY PLAT APPROVAL/CORAL TRACE OFFICE
PARK PLAT: Approve the boundary plat for Coral Trace Office Park, located on the
northwest comer of Atlantic A venue and Coral Trace Park Boulevard.
8.B. RESOLUTION NO. 43-05/ABANDONMENT OF RIGHT-OF-WAY:
Approve Resolution No. 43-05 abandoning the north 143.5 feet of the west 16 feet of the
alley right-of-way of Block 73, located at the southeast comer ofN.E. 4th Street and N.E.
1 st Avenue, within the Pineapple Grove Shops.
The caption of Resolution No. 43-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, V ACA TING
AND ABANDONING THE NORTH 143.5' OF THE
WEST 16' OF BLOCK 73, SUBDIVISION OF BLOCK
73, LOCATED AT THE SOUTHEAST CORNER OF NE
4TH STREET AND NE 1 ST A VENUE, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A".
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07/05/05
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(The official copy of Resolution No. 43-05 is on file in the City Clerk's
office. )
8.C. RESOLUTION NO. 44-05/TERMINATION OF AGREEMENT/
ACCEPTANCE OF RIGHT-OF-WAY DEED: Approve Resolution No. 44-05
terminating the agreement dated June 12, 1961 and accept and approve the right-of-way
deed associated with the Pineapple Grove Plaza (Old Publix Site on N.E. 2nd Avenue).
The caption of Resolution No. 44-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
TERMINATING THE AGREEMENT DATED JUNE 12,
1961, RECORDED IN OFFICIAL RECORDS BOOK 643,
PAGE 609, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, AS MORE PARTICULARLY
DESCRIBED HEREIN.
(The official copy of Resolution No. 44-05 is on file in the City Clerk's
office. )
8.D. RESOLUTION NO. 45-05/ABANDONMENT OF RIGHT-OF-WAY:
Approve Resolution No. 45-05 abandoning a portion of Avenue "K" lying west of the
west right-of-way line for South Federal Highway.
The caption of Resolution No. 45-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING
AND ABANDONING A PORTION OF AVENUE "K"
RIGHT-OF-WAY (ROW) LOCATED WEST OF THE
WEST RIGHT-OF-WAY LINE FOR U.S. HIGHWAY
NO.1 AND EAST OF THE EAST RIGHT-OF-WAY
LINE FOR OLD DIXIE HIGHWAY, LESS THE WEST
50' THEREOF, AS MORE P ARTICULARL Y
DESCRIBED IN EXHIBIT "A", BUT RESERVING AND
RETAINING TO THE CITY A UTILITY EASEMENT
OVER NORTH 10' OF THAT PORTION OF AVENUE
"K", AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "B".
(The official copy of Resolution No. 45-05 is on file in the City Clerk's
office.)
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07/05/05
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8.E. ACCEPTANCE OF EASEMENT DEED/STERLING BANK:
Approve and accept an easement deed associated with Sterling Bank, located at the
southwest comer ofS.E. 6th Avenue (Northbound Federal Highway) and S.E. 9th Street.
8.F. FLORIDA RECREATION DEVELOPMENT ASSISTANCE
PROGRAM (FRDAP) GRANT/MlKE MACHEK BOY SCOUT PARK:
Authorization to apply for a grant from the Florida Recreation Development Assistance
Program (FRDAP) in the amount of $200,000.00 for the Mike Machek Boy Scout Park.
8.G. AMENDMENT NO. l/LEASE AGREEMENT/LAKE IDA PARK:
Approve Amendment No.1 to the lease agreement between the City and Palm Beach
County to extend our current lease from 25 years to 30 years to be eligible for a Florida
Recreation Development Assistance Program (FRDAP) grant in the amount of
$200,000.00 for renovations of Lake Ida Park (11 th Street).
8.H. CHANGE ORDER NO. l/FINAL P A YMENTIENCO. LLC: Approve
Change Order No.1 in the amount of a $4,386.21 decrease, and final payment in the
amount of $19,905.49 to ENCO, LLC for the Lifeguard Towers Phase II Project.
Funding is available from 334-6112-572-62.14 (General Construction Fund/Lifeguard
Towers).
8.1. CHANGE ORDER NO. l/FINAL PAYMENTIEXETER
ARCHITECTURAL PRODUCTS: Approve Change Order No. 1 in the amount of a
$5,425.15 decrease, and final payment in the amount of$3,839.06 to Exeter Architectural
Products for the Police Hurricane Shutters Project. Funding is available from 334-6111-
521-62.10 (General Construction FundfBuildings).
8.J. CONTRACT ADDITION/RANDOLPH & DEWDNEY
CONSTRUCTION. INC.lFIRE APPARATUS MAINTENANCE
BUILDING/POMPEY PARK GYMNASIUM: Approve a Contract Addition to
Randolph and Dewdney Construction, Inc. on the Fire Apparatus Maintenance Building
Project in the amount of $217,208.30 for the emergency re-roofing of the Pompey Park
gymnasIUm. Funding is available from 334-4172-572-46.10 (General Construction
FundfBuilding Maintenance).
8.K. SERVICE AUTHORIZATION NO. l/KEITH AND SCHNARS. P.A.:
Approve Service Authorization No. 1 to Keith and Schnars, P.A. in the amount of
$166,500.00 for design of infrastructure improvements for the Osceola Park
Neighborhood Improvements Project. Funding is available from 334-3162-541-65.85
(General Construction Fund/Osceola Park) and 442-5178-536-65.85 (Water/Sewer
Renewal & Replacement Fund/Osceola Park).
8.L. INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2005-
2: Formally initiate Comprehensive Plan Amendment 2005-2 pursuant to Section 9.2.1
of the Land Development Regulations.
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07/05/05
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8.M. UNITED STATES FIRE ADMINISTRATION/STAFFING FOR
ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) GRANT:
Authorization to apply to the United States Fire Administration for a Staffing for
Adequate Fire and Emergency Response (SAFER) Grant in the amount of $400,000.00
with a City match of $922,709.00 to provide three (3) additional personnel for the Fire-
Rescue Department for a five (5) year period.
8.N. CONSENT TO ASSIGNMENTIDEERFIELD LINEN SERVICE:
Approve Consent to Assignment of agreement from Deerfield Linen Service to Bayview
Linen Company; Deerfield Linen Service was purchased by Bayview Linen.
8.0. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period June 20,2005 through July 1, 2005.
8.P. AWARD OF BIDS AND CONTRACTS:
L MOVED TO THE REGULAR AGENDA AS ITEM 9.A.1.
2. Purchase awards to Duval Ford North in the amount of $120,954.00,
Classic Chevrolet in the amount of $12,248.00, and Wesco Turf
Supply in the amount of$33,128.00 for a total award of$166,330.00
via the Florida Sheriffs' Association Contract #04-12-0823 and the
State of Florida Contract #515-630-03-1 for the replacement of eight
(8) City vehicles. Funding is available from 501-3312-591-64.20
(Central Garage Fund/Automotive).
3. Purchase award to National Waterworks in the amount of$21,337.56
for water main pipe materials for the N.E. 5th Street and N.E. 6th
StreetlPalm Trail Water Main Improvements Project; and approve
rescinding P.O. #623499 to Ferguson, Inc. in the amount of
$16,316.45 which was previously issued for the same material
purchase. Funding IS available from 442-5178-536-63.50
(Water/Sewer Renewal & Replacement FundIW ater Main
Rehabilitation).
4. Purchase award to Data Flow Systems in the amount of $35,845.00
for replacement radio telemetry components to restock inventory
depleted as a result of last year's hurricanes. Funding is available
from 442-5178-536-64.90 (Water/Sewer Renewal & Replacement
Fund/Other Machinery/Equipment).
5. Purchase award to Bennett Fire Products in the amount of
$21,762.40 via the Lake County Contract #02-010A for the purchase
of sixteen (16) sets of replacement fire fighting personal protective
clothing. Funding is available from 001-2311-522-52.22, 001-2313-
522-52.22, 001-2315-526-52.22, and 001-2317-522-52.22 (General
Fund/Uniforms/Linen).
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07/05/05
6. Purchase award to GameTime in the amount of $37,914.30 via
Florida State Contract #650-001-04-1 for playground equipment for
the Catherine Strong Park. Funding is available from 338-4150-572-
62.59 (2004 G.O. Bond/ Building/Catherine Strong Center).
7. Bid award to Bermuda Landscape Services D/B/A Southeastern
Irrigation in the amount of $140,582.50 for irrigation, landscaping,
and one (1) year maintenance contract for the Rainberry Woods
Strategic Task Team Neighborhood Improvement Plan. Funding is
available from 334-6130-541-43.25 (General Construction
FundlNeighborhood Enhancements/Sprinkler Systems).
8. Purchase award to Contemporary Controls & Communications, Inc.
in the amount of $75,419.22 for the purchase of seven (7) Scorpio
Radio Remote Irrigation Units and four (4) Irrinet Hub Field Units
for various locations throughout the City. Funding is available from
119-4151-572-64.90 (Beautification Trust Fund/Other
Machinery/Equipment).
Ms. McCarthy moved to approve the Consent Agenda as amended,
seconded by Mrs. Ellis. 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.1. Purchase award to Motorola in the amount of $58.000.00 for the
purchase of an additional forty (40) mobile and forty (40) in-house Mobile Dieital
Terminal (MDT) software clients for the Police Department. Fundine is available
from 001-2113-521-66.10 (General Fund/Software)
Mr. Levinson declared a Conflict of Interest and stepped down from the
dais.
Ms. McCarthy moved to approve the purchase award to Motorola,
seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Ms. McCarthy
- Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion passed
with a 4 to 0 vote.
9.A. REQUEST TO ADVANCE COUNTY FUNDING/ROOTS
CULTURAL FESTIVAL. INC.: Consider approval of a request to advance funding in
the amount of$12,500, which will be reimbursed to the City through Palm Beach County
grants, to the Roots Cultural Festival, Inc. for their event to be held August 12-14,2005.
Funding is available from 001-6111-519-99.03 (Manager's Contingency Fund).
Mr. Levinson returned to the dais.
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07/05/05
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Robert A. Barcinski, Assistant City Manager, stated staff received a
request from Ms. Elizabeth Wesley on behalf of the Roots Cultural Festival, Inc. to
advance $12,500 that has been committed by two Palm Beach County Commissioners for
funding of this year's Roots Cultural Festival. Staff recommends approval of the request.
Ms. McCarthy moved to approve to advance the amount of County grant
funds committed to the Roots Cultural Festival, Inc. in the amount of $12,500, 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.
9.B. CONDITIONAL USE REQUEST/BANK UNITED OF
DOWNTOWN DELRAY: Consider a request to allow the establishment of a financial
institution, Bank United of Downtown Delray, within the Central Business District
(CBD), located at the northwest comer of East Atlantic Avenue and N.E. 4th Avenue.
(Quasi-Judicial Hearing)
Mayor Perlman read the procedures for a Quasi-Judicial Hearing for this
item and all subsequent Quasi-Judicial items.
Janet Whipple, Acting City Clerk, swore in those individuals who wished
to give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. Ms. McCarthy stated she has a discussion with Michael Weiner and the
bank representative. Mayor Perlman stated he had a conversation with Michael Weiner.
Mrs. Ellis stated she spoke with Michael Weiner and a bank representative. Mrs. Archer
stated she too spoke with Michael Weiner and a bank representative. Mr. Levinson stated
he too spoke with Michael Weiner and a bank representative.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2005-198 into the record.
The request is to establish a bank (Bank United) in an existing retail
building along Atlantic Avenue. No drive-thru or ATM teller machine facilities are
proposed. The business will occupy 3,567 square feet on the ground floor of the existing
4,800 square feet retail structure fonnerly occupied by Huber Drugs. The balance of the
ground floor will be occupied by a retail use. Business hours will be from 8:30 a.m. -
5:30 p.m. Monday-Friday and 8:30 a.m.-l:00 p.m. on Saturdays and the bank will be
closed on Sundays. Mr. Dorling stated positive findings are made with respect to some
of Chapter 3 more particularly the Future Land Use Map amendment and Concurrency.
However, the required findings cannot be made as this application is not consistent with
Future Land Use Element Policy C-4.1. Mr. Dorling stated banking facilities in the CBD
(Central Business District) are allowed as a conditional use but are not necessarily
appropriate in all areas of the CBD. One of these areas staff feels is along Atlantic
A venue where the emphasis is on retail and restaurant uses on the ground floor. The
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07/05/05
Comprehensive Plan favors retail rather than office uses at the street level; thus locating a
bank at this location does not meet the intent of this policy. The establishment of the
bank conflicts with the City's effort to have a pedestrian friendly streetscape which is
further reinforced by the adopted Downtown Master Plan. Staff also finds this to be
inconsistent with the Cluster Study.
At its meeting of June 20, 2005, the Planning and Zoning Board held a
public hearing and significant discussion evolved around the impact of an office use
along the predominant retail corridor. As an attempt to reach a compromise, the Board
recommended approval with some conditions that would make this use more retail. At its
meeting of June 9, 2005, the Community Redevelopment Agency (CRA) reviewed the
conditional use request and recommended denial of the proposal by a vote of 3-2. There
was significant discussion about the use conflicting with the City's effort to provide a
pedestrian friendly retail streetscape. At its meeting of June 13, 2005, the Downtown
Development Authority (DDA) reviewed the proposal and had similar discussions as the
CRA and recommended denial.
Michael Weiner, Attorney with Weiner & Aronson, P.A., 102 N. Swinton
Avenue, Delray Beach, referenced LDR Section 4.4.13 and Chapter 3. He stated Chapter
3 has three subparts: (1) Consistency with the Future Land Use Map, (2) Concurrency
and (3) Compatibility. Mr. Weiner stated Bank United is a local bank with no drive-thru
and encourages pedestrian traffic. He referred to the Future Land Use Element C-4.1 and
noted this element gives six objectives that we should be doing in the CBD and three of
those six begin with the word incentives. He stated by giving incentives does not mean
this is a policy banning banks. He compared the number of banks on Las Olas
Boulevard, Fort Lauderdale, Florida, and stated there are no less than five banks on Las
Olas located in the middle of retail. Mr. Weiner stated there were no less than six letters
of support in the file and noted additional letters of support from retailers along the
Avenue. Mr. Weiner made these letters a part of the record.
Chris Brown, resident of Delray Beach & business owner, stated his
specialty is construction of mixed-use buildings in downtown areas. He stated one of the
most important things is getting capital to the small retailers downtown. He stated the
bank is a tremendous retail generator for the downtown area. He feels the Cluster Study
addressed retail but did not discuss financial institutions, cultural institutions, or offices.
He provided the statistics for investments on renovation of banks and the average salaries
of the employees. Mr. Brown stated this bank would be a great benefit to the downtown.
Mr. Weiner stated a bank should not be looked at as an office and noted a
bank has more retail traffic than one would otherwise think of as being in retail trade. He
stated the Cluster Study did not ban banks. An encouragement for retail does not mean
zero in tenns of having other services. He stated they have met the substantial burden of
proof with respect to the Comprehensive Plan.
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition of the Conditional Use request, to come forward at this time.
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07/05/05
There being no one who wished to address the Commission regarding the Conditional
Use request, the public hearing was closed.
Mr. Dorling stated there are compelling arguments being made this
evening that local banks are appropriate downtown and he agrees with this statement.
However, he stated the issue is whether it is appropriate on Atlantic A venue which is
predominantly a pedestrian/retail corridor, particularly when there are vacant bank
locations available for use off the Avenue.
Mr. Weiner emphasized that this is pedestrian bank (with no drive-thru)
and stated this is precisely what people want in this location and what the studies state we
should be promoting. He stated with regard to hours of operation, the bank is proposing
to stay open until 6:00 p.m. open half a day on Saturdays, and agrees to try and
coordinate hours of operation with respect to the events that occur on Atlantic Avenue.
Brief discussion by the Commission followed.
Mr. Levinson stated in his opinion this is not compatible to what the City
has planned. However, if the applicant was willing to support the Planning and Zoning
recommendations to expand the hours of operation, make a commitment to have retail
type displays along a minimum of 50% of building frontage on Atlantic A venue, and,
hold open houses and related activities in the evening hours a minimum of twice weekly
and on nights that Jazz on the A venue is held.
Mrs. Archer stated a comer bank is pedestrian friendly and feels it would
fit wonderfully in the community. She stated she supports having a local comer walk-in
bank with the fabric of what the City has with a village-by-the-sea community. Mrs.
Archer stated not having a bank downtown is like not having a Post Office downtown.
Mrs. Ellis stated she is frustrated with the Planning and Zoning Board and
suggested that Planning and Zoning review the same material that comes to the
Commission. She does not support the bank being open on Sundays and recommended
the proposal be sent back to the Planning and Zoning Board.
Ms. McCarthy supports the bank location and stated it is a healthy
addition to the community. She stated this does not dismiss the impact of the Cluster
Studies that have been done and feels these studies are used a tool for guidance. Ms.
McCarthy stated there are other banks that are open seven days a week and she would
like to see Bank United participate in street activities such as Jazz on the Avenue.
Mayor Perlman stated he respects the Planning Department and the
Planning Director. However, he disagrees with the Planning Director on this particular
item because he does not see a bank as a kin to an attorney's office or surveyor's office
but sees it as something that generates a lot of foot traffic. He does have a concern about
a proliferation of banks downtown but would hope at a later date there would be a
consensus of the Commission to review the code regarding this. Mayor Perlman stated
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he does not want to send this item back to Planning and Zoning Board.
Mrs. Archer moved to approve the Conditional Use request for Bank
United at Downtown Delray, subject to the Planning and Zoning Board recommendations
with the hours of operation being amended Monday through Friday 8:30 a.m. to 6:00
p.m., Saturday, 8:30 a.m. to 1 :00 p.m., not opening on Sundays at this time, that a
commitment is made to have retail type displays along a minimum of 50% of building
frontage on Atlantic A venue, and that open houses and related activities are held in the
evening hours a minimum of once a month, seconded by Mrs. Ellis.
Brief discussion followed by the Commission.
Brian Shutt, Assistant City Attorney, stated for the record he would like to
get the applicant to consent to the terms of what the motion is.
Michael Weiner stated the hours of operation would be Monday through
Friday 8:30 a.m. to 6:00 p.m., Saturday, 8:30 a.m. to 1 :30 p.m., and agree to work out the
schedule of events (i.e. Art & Jazz on the Avenue, Delray Affair, etc.) where Bank
United would stay open at least once a month in the evening even if there is not an event
scheduled.
The motion was amended as follows:
Mrs. Archer moved to approve the Conditional Use request for Bank
United at Downtown Delray subject to the conditions that the hours of operation are
Monday through Friday, 8:30 a.m. to 6:00 p.m., Saturday, 8:30 a.m. to 1 :30 p.m., that a
commitment is made to have retail type displays along a minimum of 50% of building
frontage on Atlantic A venue, and that open houses and related activities are held in the
evening hours at least once a month, seconded by Mrs. Ellis. Upon roll call the
Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - No;
Ms. McCarthy - No; Mayor Perlman - Yes. Said motion passed with a 3 to 2 vote,
Commissioner Levinson and Commissioner McCarthy dissenting.
At this point, the time being 7:10 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
to. PUBLIC HEARINGS:
to.A. ORDINANCE NO. 46-05 (FIRST READING/FIRST PUBLIC
HEARING): City initiated amendment to Land Development Regulations (LDR),
4.4.21(B), "Principal Uses and Structures Allowed", to add Clubs and Lodges which do
not serve alcohol as a Permitted Use within the Community Facilities (CF) Zoning
District. Ifpassed, a second public hearing will be scheduled for July 19, 2005.
The caption of Ordinance No. 46-05 is as follows:
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07/05/05
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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 4.4.21, "COMMUNITY
FACILITIES (CF) DISTRICT", SUBSECTION 4.4.21(B),
"PRINCIPAL USES AND STRUCTURES ALLOWED",
TO ADD CLUBS AND LODGES WHICH DO NOT
SERVE ALCOHOL AS A PERMITTED USE WITHIN
THE CF DISTRICT; PROVIDING A SAVING CLAUSE,
A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 46-05 is on file in the City
Clerk's office.)
The 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.
Paul Dorling, Director of Planning and Zoning, stated this is a City
initiated land development change to add Clubs and Lodges in the CF (Community
Facilities) district subject to the provision that alcoholic beverages not be allowed. The
"Purpose and Intent" for the Community Facilities zone district describes it as a special
purpose zone district primarily, but not exclusively, intended for locations at which
facilities are provided to serve public, semi-public, and private purposes. Given the other
types of uses permitted in the district, including religious, and education facilities, it is
appropriate to restrict the consumption of alcohol on property within this district. Since
the sale and consumption of alcoholic beverages is a major component of some types of
clubs and lodges, a restriction is appropriate if this use is to be added to the district.
Clubs and lodges that are not restricted with regard to alcoholic beverages are currently
allowed in the GC (General Commercial) and PC (Planned Commercial) districts as
conditional uses.
At its meeting of June 20, 2005, the Planning and Zoning Board held a
public hearing and there was no public testimony. After discussing the amendment, the
Board voted 7-0 to recommend approval of the proposed amendment.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 46-05,
the public hearing was closed.
Mrs. Ellis moved to approve Ordinance No. 46-05 on First Reading/First
Public Hearing, seconded by Mr. Levinson. 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.
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07/05/05
to.B. ORDINANCE NO. 47-05 (FIRST READING/FIRST PUBLIC
HEARING): City initiated amendment to Land Development Regulations (LDR),
4.6.9(B)(4), "Off-Street Parking Regulations; Applicability", to provide a credit for
parking under certain circumstances where a governmental entity acquires property for
public parking or parks. Ifpassed, a second public hearing will be scheduled for July 19,
2005.
The caption of Ordinance No. 47-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING ARTICLE 4.6, "SUPPLEMENTAL
DISTRICT REGULATIONS" OF THE LAND
DEVELOPMENT REGULATIONS SECTION 4.6.9,
"OFF-STREET PARKING REGULATIONS",
SUBSECTION (B) "APPLICABLITY" , BY
AMENDING SUBSECTION 4.6.9(B)(4) PROVIDING
A CREDIT FOR PARKING UNDER CERTAIN
CIRCUMSTANCES WHERE A GOVERNMENTAL
ENTITY ACQUIRES PROPERTY FOR PARK
PURPOSES OR PUBLIC PARKING; PROVIDING A
SA VING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 47-05 is on file in the City Clerk's
office.)
The 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.
Paul Dorling, Director of Planning and Zoning, stated at its meeting of
January 18, 2005, the City Commission approved an amendment to LDR Section
4.6.9(B) to add subparagraph (4) to provide an incentive to private property owners to
sell land to accommodate public parking facilities. In order to acquire lands for this
purpose, it is in the public interest to credit the private owner from whom the land is
acquired with parking spaces it has vested rights to, which are then transferable to other
properties owned by the same property owner within 300 feet of the property acquired by
the governmental entity for public parks.
At its meeting of June 20, 2005, the Planning and Zoning Board held a
public hearing regarding the amendment. There was no public testimony regarding the
proposed changes. After discussing the amendment, the Board voted 7-0 to recommend
approval of the proposed amendment.
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07/05/05
Mayor Perlman opened the public hearing. There being no one who
wished to address the Commission regarding Ordinance No. 47-05, the public hearing
was closed.
Mrs. Archer moved to approve Ordinance No. 47-05 on First
Reading/First Public Hearing 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.
to.C. ORDINANCE NO. 48-05 (FIRST READING/FIRST PUBLIC
HEARING): City initiated amendment to Land Development Regulations (LDR),
4.3.3(D), "Residential and Non-Residential Licensed Service Provider Facilities", and
Appendix "A", "Definitions", regarding Prevention Education Service Providers. If
passed, a second public hearing will be scheduled for July 19, 2005.
The caption of Ordinance No. 48-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY
BEACH, FLORIDA, BY AMENDING APPENDIX
"A", "DEFINITIONS" , BY REPEALING THE
DEFINITION OF "RESIDENTIAL LICENSED
SERVICE PROVIDER", IN ITS ENTIRETY AND
ENACTING A NEW DEFINITION FOR
"RESIDENTIAL LICENSED SERVICE PROVIDER"
IN ORDER TO PROVIDE A MORE CONSISTENT
DEFINITION OF SAME AND ENACTING A NEW
DEFINITION FOR "PREVENTION EDUCATION
SERVICE PROVIDERS" AND AMENDING
SECTION 4.3.3(D), "RESIDENTIAL AND NON-
RESIDENTIAL LICENSED SERVICE PROVIDER
FACILITIES", IN ORDER TO EXCLUDE THOSE
LICENSED SERVICE PROVIDERS THAT ARE
LICENSED UNDER CHAPTER 397 FOR THE SOLE
PURPOSE OF PROVIDING PREVENTION AS
DEFINED BY SECTION 397.311(18)(g), FLA. STAT.;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 48-05 is on file in the City Clerk's
office.)
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07/05/05
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.
Paul Dorling, Director of Planning and Zoning, stated the current
definition of Residential Licensed Service Providers found in LDR Section 4.3.3(D) is
inconsistent with the definition in Appendix "A" Definitions. The desire is to have
consistent definitions of Residential Licensed Service Providers throughout the City's
Land Development Regulations and its Appendix of Definitions.
At its meeting of June 20, 2005, the Planning and Zoning Board held a
public hearing regarding the amendment. There was no public testimony regarding the
amendment. There was no public testimony regarding the proposed changes. After
discussing the amendment, the Board voted 7-0 to recommend approval of the proposed
amendment.
Mr. Levinson moved to approve Ordinance No. 48-05 on First
Reading/First Public Hearing, 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.
to.D. FLORIDA DEPARTMENT OF TRANSPORTATION (FOOT)
LAND CONVEYANCE: Consider approval and adoption of the Florida Department of
Transportation (FDOT) Resolution No. 483-98 for the conveyance of land from the
FDOT to the City to be used as pocket parks, generally located along the 1-95 sound wall
in the Southwest Neighborhood area between S.W. 1st Street and S.W. 3rd Street.
Mayor Perlman declared the public hearing open. There being no one
who wished to address the Commission regarding the Florida Department of
Transportation (FDOT) Resolution No. 483-98.
Prior to the vote, Mayor Perlman stated for the benefit of the public, this is
for pocket parks that will be located along the 1-95 sound wall within the S.W.
neighborhood area between S.W. 1st Street and S.W. 3rd Street.
Mr. Levinson moved to approve the Florida Department of Transportation
(FDOT) Resolution No. 483-98 for the conveyance of land, 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.
t O.E. ORDINANCE NO. 45-05: An ordinance amending Chapter 113,
"Alcoholic Beverages", of the Code of Ordinances, by enacting Section 113.21, "Patron
Age Restriction" to prohibit individuals under the age of twenty-one (21) from entering
alcoholic beverage establishments.
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07/05/05
The caption of Ordinance No. 45-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE CODE OF ORDINANCES OF THE
CITY OF DELRA Y BEACH, FLORIDA, AMENDING
CHAPTER 113, "ALCOHOLIC BEVERAGES", BY
ENACTING A NEW SECTION 113.21, "PATRON
AGE RESTRICTIONS"; PROVIDING THAT IT
SHALL BE UNLAWFUL FOR PERSONS UNDER
THE AGE OF 21 TO ENTER, PATRONIZE, VISIT,
BE ADMITTED TO, OR ALLOWED ACCESS IN
ANY ALCOHOLIC BEVERAGE ESTABLISHMENT;
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 45-05 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.
Patrick Glover, 305 S.W. 7th Avenue, Delray Beach, expressed concern
that young people should be allowed into establishments which serve alcoholic
beverages.
Ms. McCarthy stated if young people are accompanied with an adult they
are allowed in restaurants and explained that this ordinance restricts under age patrons to
enter stand alone bars only.
Carolyn Zimmennan, 212 S.W. 2nd Avenue, Delray Beach, supports the
ordinance and stated this is a good opportunity for the City to do something for kids
between the ages of 18-21.
There being no one else from the public who wished to address the
Commission, the public hearing was closed.
Mrs. Archer moved to adopt Ordinance No. 45-05 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.
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07/05/05
At this point, the time being 7:25 p.m., the Commission to the Item 11,
Comments and Inquiries on Non-Agenda items from the City Manager and the
Public.
1l.A. City Manal!er's response to prior public comments and inquiries.
The City Manager had no response to prior public comments and
mqumes.
1l.B. From the Public.
11.B.l. Patrick Glover. 305 S.W. 7th Avenue. Delrav Beach (Delrav Beach
Housinl! Authority). speaking on behalf of Debra Lewis, stated Ms. Lewis' son was
arrested and had been numerous times before. Due to this fact he was not allowed to live
with her. Mr. Glover stated a few Delray Beach Police Officers were rude to Ms. Lewis
and had indicated on the Police Report (dated June 24, 2005) that she incited a riot and
the incident was reported to the Director of the Housing Authority. Consequently, Ms.
Lewis is being evicted from the Delray Beach Housing Authority in approximately nine
days, and time is of the essence. She is requesting that this incident be investigated by
the City Manager or the Police Chief. Mr. Glover stated Ms. Lewis requests the help of
the Commission. Mr. Glover provided the Commission with a copy of the June 24, 2005
Police Report.
Mayor Perlman stated he will give the Police Report to the City Manager
for review, and recommended that someone attend the Delray Beach Housing Authority
Board meeting.
Mr. Levinson stated Ms. Lewis needs to go to the Delray Beach Housing
Authority and plead her case since she has a housing contract with the Authority.
Ms. McCarthy asked how long Ms. Lewis' son has not lived with her, and
if he is restricted from being on the grounds. Ms. Lewis stated it has been approximately
two years since her son has lived with her and she believes he is restricted from the
grounds.
1l.B.2. Jackie Fields. 408 Circle Drive. Bovnton Beach. (sister of Debra
Lewis). asked if children can visit their parents if they are not pennitted on the grounds.
Having sat at the meetings of the Delray Beach Housing Authority, Ms. McCarthy stated
the Authority tries to create a safe haven. Ms. McCarthy stated she has not seen Ms.
Lewis' lease and cannot speak as to what restrictions may have been added until she
actually reviews the lease or speaks to the Director of the Delray Beach Housing
Authority. Ms. McCarthy stated questions of this nature will be answered at the next
City Commission meeting on July 19,2005 because staff will have more infonnation at
that time and will be able to address this issue.
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07/05/05
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H.B.3. Jim Smith. 1225 S. Ocean Boulevard. Delrav Beach. Chairman of
S.A.F.E. (Safety As Floridians Expect) stated S.A.F.E. is requesting that the Commission
create a Citizens' Voluntary PedestrianlBike Greenway Committee and file a grant
application for a PedestrianlBike Greenway Coordinator. He stated in his opinion, it is
more important to add more staff in needed City services than it is to reduce the millage
rate. Mr. Smith distributed a copy of the flyer regarding S.A.F.E to the Commission.
II.B.4. Theodore Hummel. 400 Venetian Drive. Delrav Beach. commented
about the recent decision made by the Supreme Court about eminent domain and how it
might affect citizens in Delray Beach. Mr. Hummel stated the old purpose of eminent
domain was for public purposes; however, now it is for private purposes and to increase
the tax base and revenues. He stated as a citizen he is not clear as to how Florida Law
protects the lower income person and feels it should be clearly understood that if this is
pushed through, it will only be done against homeowners of lower income. Mr. Hummel
stated this particularly affects the older retirees on a fixed income who also cannot afford
emotionally to make a move, besides how to handle it fiscally. In addition, Mr. Hummel
stated he does not want to lose the working people who staff many of the restaurants, etc.
He stated it sounds great to receive a lot of money for a house but you cannot afford to
turn around and buy one, which might have three times the amount in taxes. He feels this
is the basic problem for the elderly and the lower income homeowners in town.
II.B.5. Christie Campbell. 424 E. Atlantic Avenue. Delrav Beach. (owner of
Beach Music), has owned a business for nine years and her business is open seven days
and two nights a week. She informed the Commission that on the nights of Jazz on the
A venue she does not do any business. She stated she has always been very supportive of
all the events held downtown; however, she noted it does not pay for her to keep her shop
open when there is no business.
H.B.6. Rosetta Rolle. 301 N.W. 3rd Avenue. Delrav Beach. expressed concern
over the Supreme Court's decision regarding eminent domain. Mrs. Rolle briefly
discussed the meaning of Independence Day and read into the record the second
paragraph from the Declaration of Independence.
H.B.7. Javne Kin2:. 3400 Place Valencav. Delrav Beach. stated she is strongly
opposed to any form of eminent domain. She stated she lived in Tampa for a short period
of time and was first introduced to eminent domain when it was used for urban renewal.
Now many years later, the long time residents have never recovered and she feels there
was a whole "sense of community" that was lost and she does not want to lose that "sense
of community" in Delray Beach. She urged the City Commission to allay the fears to the
residents that eminent domain will not be used in Delray Beach.
H.B.8. Alfred Stra2:hn. 26 S.W. 5th Avenue. Delrav Beach. stated he is opposed
to eminent domain and urged the Commission to put something in place to provide for
future Commissions to not have the ability to impose eminent domain. Mr. Straghn
stated if the Supreme Court is going to pass laws that will affect everyone then he feels
the local government should have the last say about how it will affect its citizens.
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07/05/05
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11.B.9. Katie L. Willineham. 333 S.W. 12th Avenue. Delrav Beach. stated she
is opposed to eminent domain and urged the Commission to not support it. She stated
there are several elderly people who do not want to relocate and cannot afford to pay a
mortgage and start all over again.
I1.B.I0. Betty Goodman. 930 S.W. 11th Terrace. Delrav Beach. stated she is
opposed to eminent domain and urged the Commission to be sympathetic towards the
elderly. She stated if their property has to be taken then she feels citizens should be
offered a fair price so they can move someplace else and live decently. Mrs. Goodman
stated she read in the newspaper about the offer made for property on 8th Avenue. She
urged the Commission to consider eminent domain law because she feels this is not good
for the community or for Delray Beach.
11.B.l1. Joseph Thomas. 312 N.W. 2nd Street., Delrav Beach. expressed concern
that his mother will be forced to move because of eminent domain and stated he will do
everything he can to make certain his mother is protected and has a roof over her head.
He urged the City to come together as a community to address this issue.
11.B.12. Pearl "Bunny" Markfield Elrod. 302 S.W. 1st Avenue. Delrav Beach.
expressed concern over eminent domain in the City of Delray Beach and read a statement
into the record written by Virginia Snyder.
I1.B.13. James Bassa. Jr.. 102 N.W. 14th Avenue. Delrav Beach. stated he is not
against eminent domain but is against what eminent domain does. He expressed concern
that his parents bought their home in approximately 1964 for $3,000 and now the same
land is worth approximately $400,000. He is concerned that the projected increase in
value ofland, and the projected increase oftaxation and insurance will not be covered by
the purchasing prices that eminent domain will bring. Therefore, Mr. Bassa suggested
that a committee be formed to help develop educational sessions on how to place items
on the Agenda, how to have an Agenda meeting, and how to progress with Agenda items
so that the community can be better linked to the City Commission.
11.B.14. Gerrv Franciosa. 939 Eve Street. Delrav Beach. opposes eminent
domain and stated what the Supreme Court did is an injustice. He stated people in the
community have concerns such as rising costs on gasoline, food, health insurance, and
education for their children. In his opinion, citizens should not have to worry about the
government coming to take their homes. He urged the Commission to inform the Press
about how they feel regarding eminent domain.
Mr. Levinson stated he would like to evoke Rule #3 and commented the
reason many of these people are here is because an organization in town had circulated a
misleading flyer which claims the City of Delray Beach has used eminent domain
regularly. Mr. Levinson stated the City has not used eminent domain for homesteaded
property in approximately 15 years and the CRA has not used eminent domain in
approximately 10-12 years.
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07/05/05
11.B.15. Robert Wells. 111 N.W. 11th Avenue. Delrav Beach. stated he works
with a program called "Free to Grow" which helps young men get off the street comers
and shows them how to make use of materials thrown away by general developers. Mr.
Wells stated he is currently building his home from materials that the contractors he
works for throws away.
11.B.16. Carolyn Zimmerman. 212 S.W. 2nd Avenue. Delrav Beach. stated
PROD did not organize anyone and stated concerned residents called her home after
hearing about the Supreme Court ruling. She stated the residents are not saying the City
is going to take everyone out of their homes, but are asking that the Commission relieve
their fears regarding eminent domain.
11.B.17. Deborah Bennett. 137 Seabreeze Avenue. Delrav Beach. stated in her
opinion, the City has used the threat of eminent domain. She explained residents are
informed if they do not take an offer at 30% above the property value, then eminent
domain will be used and the property owner would actually receive less.
11.B.18. Marty Wiman. 119 S. Swinton Avenue. Delrav Beach. stated he
purchased his property a year ago (non-homesteaded) and is now being sued by a
developer. He stated after his case is over he is fearful that the developers who own the
surrounding property can take his property through eminent domain because of the
Supreme Court ruling.
Mayor Perlman stated Mr. Wiman would not be affected by eminent
domain. He stated a developer does not have the power to eminent domain; only a
governmental entity does.
Mayor Perlman requested the CRA and the City document the City's
history and relevant policies governing eminent domain including the policies in the
Southwest Plan which will create the first Land Trust in Palm Beach County. The Land
Trust Plan has as its underlining philosophy "development without displacement". He
requested that this be ready in two weeks to be distributed to the public and posted on the
City's website. At that time, the City Commission can allay some fears of the residents
and give them the City's philosophy on eminent domain and what the history is versus
perceptions. Mayor Perlman stated it is good that those who spoke on eminent domain
came out to express their concerns. He stated the eminent domain battle is going to go
back to State Legislatures throughout the country and he encouraged everyone to contact
their State Legislators. This is where the policies will be made per the decision of the
Supreme Court regarding eminent domain. He stated in the interim, staff will compile
numbers from Delray Beach and information about staff plans for the Northwest and
Southwest sections of the City.
The City Manager stated the Florida eminent domain law has a lot of
protection for the property owner. He stated if a government wishes to take property by
eminent domain, a property owner has the right to hire an attorney and appraiser, and the
government has to pay for both the attorney and the appraiser. The City Manager
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07/05/05
reiterated that the City would have to pay the property owners' attorneys fees, the City's
attorneys fees, the property owners' appraiser fees, and the City's appraiser fees. If it
goes to court, ultimately it is decided by a jury based upon the testimony presented at
trial.
At this point, the time being 8:12 p.m., the Commission returned to Item
9.C. of the Regular Agenda.
9.C. CONDITIONAL USE REQUESTS/QUICK LANE TIRE SERVICE
CENTER/FULL SERVICE AUTO REPAIR: Consider a request to allow the
establishment of a Quick Lane Tire Service Center; and the establishment of an auto
repair facility in conjunction with a used car dealership within the AC (Automotive
Commercial District), located on a 3.04 acre site at 2225 and 2255 South Federal
Highway, approximately 300 feet south of Tropic Boulevard. (Quasi-Judicial Hearing)
Janet Whipple, Acting City Clerk, swore in those individuals who wished
to give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. No ex parte communications were disclosed.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2005-154 into the record.
Mr. Dorling stated this request is to establish two conditional uses, one a
specialized quick lane tire service center and two, to establish a full service auto-repair
facility in conjunction with a used car dealership. The full service repair shop will
occupy the north portion of the site (12,728 square feet) in conjunction with a used car
dealership and the specialized quick lane tire service will be established on the south
portion of the site (19,780 square feet). The requested hours of operation are Monday
through Thursday, 8:00 a.m. to 8:00 p.m., Friday, 8:00 a.m. to 6:00 p.m., Saturdays 8:00
a.m. to 5:00 p.m., and Sunday 12:00 noon to 5:00 p.m. The quick lane and tire service
will operate Monday through Friday, 7:00 a.m. to 7:00 p.m., Saturday, 8:00 a.m. to 5:00
p.m.
At its meeting of June 20, 2005, the Planning and Zoning Board held a
public hearing in conjunction with the Conditional Use request. There was public
testimony from Mr. Robert Jackson a homeowner who lives to the rear of the site and he
expressed concerns about noise and the proposed late hours of operation. Mr. Jackson
requested some modification to the hours of operation. After brief deliberation, the
Board voted 7 to 0 in favor of the two Conditional Use requests, one to establish a quick
lane tire service center but to restrict the hours to Monday through Thursday, 8 :00 a.m. to
8:00 p.m., Friday, 8:00 a.m. to 6:00 p.m., Saturdays 8:00 a.m. to 5:00 p.m., no operation
on Sunday, and to establish an auto repair facility in conjunction with a used car
dealership but not allow Sunday hours of 12:00 noon to 5:00 p.m.
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07/05/05
Mayor Perlman asked if anyone would like to speak in favor or in
opposition of the Conditional Use requests, to please come forward at this time.
Prior to the vote, Mr. Levinson stated he spoke with the President of
Tropic Isle and stated his concerns were noise. Mr. Levinson stated assuming that the
new noise ordinance will be in affect and the applicant would have to go through the site
plan process, he would like to make sure that the face of the building does not impact the
residents.
Mr. Dorling stated other conditions that were applied by the Planning and
Zoning Board relate to no outside speaker P A systems, and all repairs be conducted
inside the building.
Mrs. Ellis moved to approve the Conditional Use requests to establish a
Quick Lane Tire Service Center and a Full Service Auto-repair, subject to the conditions
as outlined by the Planning and Zoning Board, 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.D. REQUEST FOR IN-LIEU PARKING SP ACE/MAKO
TECHNOLOGIES: Consider a request from Mako Technologies for the granting of
one (1) in-lieu parking space. Mako Technologies is located at 145 North Swinton
A venue. (Quasi-Judicial Hearing)
Janet Whipple, Acting City Clerk, swore in those individuals who wished
to give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. No ex parte communications were disclosed.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2005-008 into the record.
Paul Dorling, Director of Planning and Zoning, stated Mako Technologies
has submitted a Class V site plan modification for the conversion of a single family
residence to office use with an expansion of approximately 1,899 square feet of office
space. The total floor area for both the proposed conversion and addition is 2,899 square
feet which requires 10 parking spaces. The proposed site plan provides 9 parking spaces.
The applicant is requesting one in-lieu parking space at a cost of $6,000. Also, the
applicant has proposed to construct on-street parking and the recent modifications allow a
credit to a developer up to 50% per space. Therefore, the two parking spaces to be
constructed in the right-of-way, and available for the public, would off-set the $6,000 fee.
Mr. Dorling reiterated that this is a request to grant one in-lieu space rather than to pay
the in-lieu fee because the applicant will be providing two on-street parking spaces.
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07/05/05
At its meeting of May 24,2005, the Parking Management Advisory Board
recommended approval of the applicant's request and at its meeting of June 15,2005, the
Historic Preservation Board (HPB) recommended approval of the proposed site plan.
Mayor Perlman stated if anyone would like to speak in favor or in
opposition of the request, to come forward at this time.
Mr. Levinson moved to approve the request from Mako Technologies for
the granting of one (1) in-lieu parking space, 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.
9.E. REQUEST FOR IN-LIEU PARKING SP ACES/HISTORIC
RESIDENCES: Consider a request from Historic Residences for the purchase of two
(2) in-lieu parking spaces in the amount of $12,000.00, to be paid over a three (3) year
period via an In-Lieu of Parking Fee Agreement. Historic Residences is located at 114
N.E. 1st Avenue. (Quasi-Judicial Hearing)
Janet Whipple, Acting City Clerk, swore in those individuals who wished
to give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. No ex parte communications were disclosed.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2005-180 into the record.
Mr. Dorling stated on June 15, 2005 the Historic Preservation Board
(HPB) approved a Class V site plan modification which calls for the preservation of three
contributing historic structures through relocation. The parking requirement is for ten
spaces while eight are being proposed. The applicant is requesting two (2) in-lieu
parking spaces at a cost of $6,000 each for a total of $12,000.00. As owner of the
property, the in-lieu fees will be paid via an In-Lieu Parking Fee Agreement over a three
year period (50% upon ratification of the agreement and 25% on the second and third
anniversaries) in accordance with LDR Section 4.6.9(E)(3)(d).
At its meeting of May 24,2005, the Parking Management Advisory Board
recommended approval of the applicant's request. At its meeting of June 15, 2005, the
Historic Preservation Board (HPB) approved the proposed site plan.
Mayor Perlman stated if anyone would like to speak in favor or in
opposition of the request, to please come forward at this time.
Ms. McCarthy moved to approve the request from Historic Residences for
the purchase of two (2) in-lieu parking spaces in the amount of $12,000.00, seconded by
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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.
9.F. PROPOSAL/ALEKSANDER GROUP. INC. (AGI): Consider a
proposal from the Aleksander Group, Inc. (AGI) for continued Legislative Representation
to assist the City with State grants.
Brian Shutt, Assistant City Attorney, stated this item is an agreement
between the City of Delray Beach and the Aleksander Group, Inc. (AGI) to go from
August 1,2005 through December 31,2005 for the retainer of$25,000.00.
Mr. Levinson asked how this would impact with the City's current
relationship with Kathy Daley and whether or not this will be in-lieu of, or in addition to,
the contract with Langton & Associates.
The City Manager stated Langton & Associates has not produced much
for the City of Delray Beach and explained the City is on a month-to-month basis with
them.
Mayor Perlman stated this proposal is in addition to Langton & Associates
and it is his understanding that Aleksander Group, Inc. and Kathy Daley & Associates are
working together on this.
Mr. Levinson stated it is his understanding that the Aleksander Group, Inc.
may be able to provide Federal assistance as well. Mayor Perlman stated he can find out,
and noted the Aleksander Group specializes in the State Legislature.
Mr. Levinson stated he would like to see more money allowed in next
year's budget so the City can get more funding from Washington, D.C.
The City Manager stated there is a meeting scheduled with Mr.
Aleksander in the next week.
Mr. Levinson suggested that the City inform the Aleksander Group, Inc. of
what the City has in the pipeline in terms of projects so that they can be identified.
Mayor Perlman stated in the next 3-4 years Representative Hasner and Senator Atwater
are going to be very influential players.
Mrs. Ellis moved to approve the proposal from Aleksander Group, Inc.
(AGI) for continued Legislative Representation to assist the City of Delray Beach with
State grants, 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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9.G. BOCA RATON AIRPORT AUTHORITY/SOUND INITIATIVE:
Consider a request from the Boca Raton Airport Authority to join the Sound Initiative in
support of reducing airplane noise.
Mr. Levinson moved to approve the request from the Boca Raton Airport
Authority Coalition Sound Initiative in support of reducing airplane noise and provide a
membership contribution of $1,000.00, seconded by Mrs. Archer. Upon roll call the
Commission voted as follows: Mrs. Ellis - No; Mrs. Archer - Yes; Mr. Levinson - Yes;
Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to I vote,
Commissioner Ellis dissenting.
9.H. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY (CRA): Consider approval of an Interlocal Agreement between the City and
the Community Redevelopment Agency (CRA) in the amount of $300,000.00 for funding
for the Clean and Safe Program for FY 04/05.
Mayor Perlman declared a Conflict of Interest, passed the gavel to Vice
Mayor Levinson, and stepped down from the dais.
Robert A. Barcinski, Assistant City Manager, stated staff is requesting
approval of an Interlocal Agreement between the City and the Community
Redevelopment Agency (CRA) for funding of the Clean and Safe Program for fiscal year
200412005. The amount ofthe agreement is $300,000.00.
Mrs. Archer moved to approve the Interlocal Agreement between the City
of Delray Beach and the Community Redevelopment Agency (CRA) for funding of the
Clean and Safe Program for fiscal year 2004/2005, seconded Mrs. Ellis. Upon roll call
the Commission voted as follows: Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms.
McCarthy - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to 0 vote.
9.1. APPOINTMENTS TO THE COMMUNITY REDEVELOPMENT
AGENCY: Appoint two (2) regular members to the Community Redevelopment Agency
(CRA) for four (4) year terms ending July I, 2009. Based upon the rotation system, the
appointments will be made by Commissioner Levinson (Seat #3) and Commissioner
McCarthy (Seat #4).
Mayor Perlman declared a Conflict of Interest, passed the gavel to Vice
Mayor Levinson, and stepped down from the dais.
Vice Mayor Levinson stated he wished to appoint Peter Arts as a regular
member to the Community Redevelopment Agency (CRA) for a four (4) year term
ending July 1, 2009. Mrs. Archer so moved, seconded by Ms. McCarthy. Upon roll call
the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to 0 vote.
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Ms. McCarthy moved to reappoint Franklin Wheat as a regular member to
the Community Redevelopment Agency (CRA) for a four (4) year tenn ending July 1,
2009, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion
passed with a 4 to 0 vote.
9.J. APPOINTMENTS TO THE EDUCATION BOARD: Appoint six (6)
regular members and one (1) student member to the Education Board for two (2) year
tenns ending July 31, 2007 and appoint one (1) student member for a one (1) year tenn
ending July 31,2006. Based upon the rotation system, the appointments will be made by
Mayor Perlman (Seat #5), Commissioner Ellis (Seat #1), Commissioner Archer (Seat #2),
Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), Mayor Perlman
(Seat #5), Commissioner Ellis (Seat #1), and Commissioner Archer (Seat #2).
Mayor Perlman stated he wished to appoint Dr. Bradley Bradford as a
regular member to the Education Board for a two (2) year tenn ending July 31, 2007.
Mrs. Ellis so moved, 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.
Mrs. Ellis moved to reappoint Paul Seal as a regular member to the
Education Board for a two (2) year tenn ending July 31, 2007, 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.
Mrs. Archer moved to appoint Logan Perel as a student member to the
Education Board for a two (2) year tenn ending July 31, 2007, 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.
Mr. Levinson moved to appoint Adam Sorrin as a regular member to the
Education Board for a two (2) year ending July 31, 2007, 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.
Ms. McCarthy moved to appoint Reverend John Jackson as a regular
member to the Education Board for a two (2) year tenn ending July 31,2007, 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.
Mayor Perlman stated he would like to defer his second appointment to
the regular meeting of July 19, 2005.
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07/05/05
Mrs. Ellis moved to appoint Susan Sikich as a regular member to the
Education Board for a two (2) year ending July 31, 2007, seconded by Mr. Levinson.
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.
Mrs. Archer stated she would like to defer her second appointment to the
regular meeting of July 19, 2005.
At this point, the Commission moved to Item 12, First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 50-05: An ordinance designating the Sewell C.
Biggs House, located at 212 Seabreeze A venue, to the Local Register of Historic Places.
Ifpassed, a public hearing will be scheduled for July 19, 2005.
The caption of Ordinance No. 50-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
DESIGNATING THE SEWELL C. BIGGS HOUSE,
LOCATED AT 212 SEABREEZE A VENUE, AS
MORE PARTICULARLY DESCRIBED HEREIN, AS
A LOCAL HISTORIC SITE; PROVIDING FOR THE
AMENDMENT OF THE "ZONING MAP OF
DELRAY BEACH, FLORIDA, APRIL 2005";
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 50-05 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 a request to
list the Sewell C. Biggs House (212 Seabreeze Avenue) on the Local Register of Historic
Places, and noted Mr. Biggs was a person important in preserving, conserving, and
promoting American fine and decorative arts. It is also the only Paul Rudolph designed
building in Delray Beach. To qualify as a historic site the property must fulfill one or
more of the criteria set forth in the LDR's, Sections 4.5.1(B)(2) and/or (3). The residence
at 212 Seabreeze Avenue is being considered for listing in the Local Register of Historic
Places as it fulfills four of the criteria.
At its meeting of May 4, 2005, the Historic Preservation Board (HPB)
conducted a fonnal review of the designation report and held a public hearing on June 15,
2005 and voted 7-0 to forward a recommendation of approval to list the Sewell C. Biggs
House (212 Seabreeze Avenue) in the Local Register of Historic Places.
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Mr. Levinson moved to approve Ordinance No. 50-05 on FIRST Reading,
seconded by Mrs. Ellis. 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.B. DUE TO THE APPLICANT'S REQUEST THIS ITEM HAS BEEN
REMOVED FROM THE AGENDA.
12.C. ORDINANCE NO. 51-05: City initiated amendment to Land
Development Regulations (LDR), Article 6.3, "Use and Work in the Public Right-of-
Way", relating to Sidewalk Cafes. Ifpassed, a public hearing will be scheduled for July
19,2005.
The caption of Ordinance No. 51-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING ARTICLE 6.3, "USE AND WORK IN THE
PUBLIC RIGHT-OF-WAY" TO ADD "SIDEWALK
CAFÉ" TO THE TITLE AND AMENDING SECTION
6.3.3, "SIDEWALK CAFE" OF THE LAND
DEVELOPMENT REGULATIONS, TO PROVIDE FOR
A REVISED DEFINITION OF SIDEWALK CAFÉ, AND
BY AMENDING 6.3.3(A) TO PROVIDE FOR PERMIT
COMPLIANCE DATES; AMENDING SECTION 6.3.3(1)
AND 6.3.3(J) ADDING STANDARDS FOR DENIAL,
SUSPENSION, REVOCATION, OR APPEALS AND
CLARIFYING THE JURISDICTION OF THE CODE
ENFORCEMENT BOARD; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 51-05 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 City
Commission approved an amendment to LDR Section 6.3.3 on March I, 2005. The
proposed amendment provides clarification to the definition of Sidewalk Café. With
respect to changes to the definition it clarifies that sidewalk cafés are outside seating
which occurs on either public or private property. Mr. Dorling stated this ordinance now
indicates that public or private property can now be considered a sidewalk café, and
excludes seating in interior courtyards which are under the current code subject to
parking requirements whereas the sidewalk cafés are not.
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07/05/05
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At its meeting of June 20, 2005, the Planning and Zoning Board held a
public hearing regarding the amendment. There was no public testimony regarding the
proposed changes. After discussing the amendment, the Board voted 7-0 to recommend
approval of the proposed amendment.
Mrs. Ellis moved to approve Ordinance No. 51-05 on FIRST Reading,
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.
12.D. ORDINANCE NO. 49-05: City initiated amendment to Land
Development Regulations (LDR), Section 2.4.3(K)(l), "Development Applications", to
provide for an increase in the Development Application Fees. If passed, a public hearing
will be scheduled for July 19,2005.
The caption of Ordinance No. 49-05 is as follows:
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 2.4.3(K), "FEES",
SUBSECTION 2.4.3(K)(1 ), "DEVELOPMENT
APPLICATIONS", TO PROVIDE FOR AN
INCREASE IN THE DEVELOPMENT
APPLICATION FEES; PROVIDING A SA VING
CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTNE DATE.
(The official copy of Ordinance No. 49-05 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 during the changes
to the fee schedule in 2003, the City Commission directed staff to process changes as
needed every two years. Staff researched adjacent municipality fee schedules for similar
development activities and determined that an increase in fees of 5% is justified. Mr.
Dorling stated the proposal includes a new fee for a Certificate of Appropriateness
(COA) and a new fee for demolition requests in historic districts along with requests to
relocate structures out of the district. Mr. Dorling stated the most significant increase,
percentage wise, relates to zoning verification letters. The current fee is $55.00 and does
not cover the staff time necessary to prepare these documents. The proposed increase
would double the fee ($110.00) to better cover staff time in the research of these
responses.
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07/05/05
At its meeting of June 20, 2005, the Planning and Zoning Board held a
public hearing regarding the amendment. There was no public testimony regarding the
proposed changes. After discussing the amendment, the Board voted 7-0 to recommend
approval of the proposed amendment.
Mr. Levinson asked how many zoning verification letters the Planning and
Zoning Department generates. In response, Mr. Dorling stated the Planning and Zoning
Department generates approximately 80-90 zoning verification letters in one year.
Mrs. Ellis moved to approve Ordinance No. 49-05 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.
12.E. ORDINANCE NO. 44-05: City initiated small scale Future Land Use
Map (FLUM) Amendment from LD (Low Density Residential 0-5 duJac) to OS (Open
Space) and rezoning from R-l-AAA-B (Single Family Residential) to OSR (Open Space
and Recreation) for Cornell Park, a 3.4 acre parcel ofland, located at the northeast comer
ofN.W. 9th Street and N.W. 4th Avenue. Ifpassed, a public hearing will be scheduled for
July 19, 2005.
The caption of Ordinance No. 44-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE FUTURE LAND USE MAP
DESIGNATION AS CONTAINED IN THE
COMPREHENSNE PLAN FROM LD (LOW
DENSITY RESIDENTIAL 0-5 DU/ AC) TO OS (OPEN
SP ACE); ELECTING TO PROCEED UNDER THE
SINGLE HEARING ADOPTION PROCESS FOR
SMALL SCALE LAND USE PLAN AMENDMENTS;
AND REZONING AND PLACING LAND
PRESENTLY ZONED R-l-AAA-B (SINGLE FAMILY
RESIDENTIAL) TO OSR (OPEN SPACE AND
RECREATION) DISTRICT; SAID LAND BEING A
PARCEL OF LAND LOCATED AT THE
NORTHEAST CORNER OF NW 9TH STREET AND
NW 4TH AVENUE, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP
OF DELRA Y BEACH, FLORIDA, APRIL 2005";
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 44-05 is on file in the City Clerk's
office.)
- 29-
07/05/05
- -------- --
Brian Shutt, Assistant City Attorney, read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated the proposed FLUM
amendment and rezoning involves a vacant property totaling 3.4 acres. The property was
in private ownership until early 2000 when it was donated to the City for the expressed
purpose of providing a neighborhood park for the community.
At its meeting of June 20, 2005, the Planning and Zoning Board held a
public hearing regarding the amendment. There was no public testimony regarding the
proposed changes. After discussing the requests, the Board voted 7-0 to recommend
approval of the Future Land Use Map amendment from LD to OS and rezoning from R-
l-AAA-B to OSR, 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.
Mrs. Archer moved to approve Ordinance No. 44-05 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.F. ORDINANCE NO. 52-05: 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
adopt changes to a previously enacted ordinance that mistakenly lettered the optional
enhanced multiplier as 35.097(C) instead of 35.097(N). If passed, a public hearing will
be scheduled for July 19, 2005.
The caption of Ordinance No. 52-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 35, "EMPLOYEE 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 A CORRECTION TO THE LETTERING
CHANGING THE (C) TO (N) AS IT PERTAINS TO AN
OPTIONAL ENHANCED MULTIPLIER AND TO
ENSURE THAT FORMER SECTION "c" IS IN FULL
FORCE AND EFFECT; PROVIDING A GENERAL
REPEALER CLAUSE; A VALIDITY CLAUSE; AND
AN EFFECTIVE DATE.
- 30-
07/05/05
----
(The official copy of Ordinance No. 52-05 is on file in the City Clerk's
office. )
Brian Shutt, Assistant City Attorney, read the caption of the ordinance and
stated this ordinance adopts changes to a previously enacted ordinance that was
mislettered.
Mr. Levinson moved to approve Ordinance No. 52-05 on FIRST Reading,
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 13, Comments and
Inquiries on Non-Agenda Items.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
B.A. City Manae:er
The City Manager had no comments or inquiries on non-agenda items.
13.B. City Attornev
Brian Shutt, Assistant City Attorney, had no comments or inquiries on
non-agenda items.
B.C. City Commission
13.C.1. Mrs. Archer
Mrs. Archer stated the 4th of July celebration was stupendous and
commented that 150,000 people attended the event.
Secondly, she suggested that something be done about the round-about on
2nd A venue because it is a tight turn.
13.C.2. Mrs. Ellis
Mrs. Ellis stated the 4th of July was incredible. She commented about the
patriotic bike parade and sand sculptures, and noted the fireworks were brilliant.
However, she suggested at some point in the future the City will need to address the
restroom issue.
- 31 -
07/05/05
13.C.3. Ms. McCarthv
Ms. McCarthy stated the 4th of July was stupendous and gave kudos to
MaIjorie Ferrer. She commented about the sand sculpting and the kite flying and stated
the event was well attended and it was a wonderful day.
13.C.4. Mr. Levinson
Mr. Levinson congratulated Janet Whipple, Acting City Clerk, on her first
meeting.
Secondly, he stated there was an allegation made this evening that the
taxpayers paid for Bru's Room and a couple of other places that were built on East
Atlantic A venue. Mr. Levinson stated this was private investment not public investment
and the same thing is being done on West Atlantic A venue in terms of streetscape,
infrastructure, etc.
Mr. Levinson stated Attorney Michael Gelfand (Gelfand & ARPE, P.A.,
Attorneys at Law) mailed him a brochure which refers to a homeowner who had
defective soil and who looked to a city for assistance and the city was ultimately not
found responsible.
Mr. Levinson stated there was an allegation made approximately two
weeks ago that City staff did not answer Mr. Warner's concerns regarding the budget.
Mr. Levinson read into the record a Letter to the Editor that appeared in the newspaper by
Mr. Cary Glickstein along with the actual letter Mr. Cary Glickstein wrote. The Sun-
Sentinel chose to edit his letter. Mr. Levinson stated there were things in the original
letter that were germane, but were left out in the edit.
Mr. Levinson stated he received a proposal from a group that would like to
build a Performing Arts Center at Old School Square. He stated this may have merit but
not at this site.
He publicly thanked the Public Works staff as well as the Parks and
Recreation Maintenance staff for their efficient clean up after the 4th of July celebration
and asked that a letter be sent to both departments on behalf of the City Commission
thanking them for an extraordinary job.
Lastly, Mr. Levinson stated he received an email from a woman who
indicated she would never take her family to the firework celebration again because it
took them a very long time to exit. Her car was parked on the beach. He stated the
woman contacted the Police Department and dispatch was very rude to her. Mr.
Levinson emailed her and suggested that if she attends the fireworks again to park on the
west side of the Intracoastal and not on the east side. He stated she wrote back a lovely
note thanking him for taking the time to respond.
- 32-
07/05/05
~----
13.C.5. Mavor Perlman
Mayor Perlman thanked the Public Works staff and the Parks and
Recreation staff for a great clean up job after the 4th of July fireworks. In addition, he
thanked the High School Police Career group for helping.
Secondly, he commented about the Arch Lighting for Pineapple Grove
and stated it looks spectacular.
Mayor Perlman congratulated Rex Taylor, Assistant City Manager, for
being appointed City Manager for the Town of South Palm Beach.
Mayor Perlman stated he does not see where the Performing Arts Center
will fit in at Old School Square. He stated in all the vision conferences, Downtown
Master Plan Charettes, and Old School Square Charettes, he never heard mention the
need for a Performing Arts Center. He stated maybe there is another place for it.
The City Manager stated the City would have to pay for the Performing
Arts Center which means the public would have to be sold on it. In addition, the City
Manager stated even if the City wanted to build one, he is not certain what the promoter
would bring to the table.
Lastly, he commented about an article in Florida Trend about a parking
garage that uses public art.
There being no further business, Mayor Perlman declared the meeting
adjourned at 9:15 p.m.
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 July 5, 2005, which Minutes were formally approved and adopted by the City
Commission on
- 33 -
07/05/05
-~-----
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.
- 34-
07/05/05
-------
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS
LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL. COMMISSION, AUTHORITY, OR COMMITTEE
Levinson, Jon Delray Beach City Commission
MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
943 Everqreen Drive WHICH I SERVE IS A UNIT OF.
CITY COUNTY Xi CITY o COUNTY o OTHER LOCAL AGENCY
Delrav Beach. FL 33483 Palm Beach NAME OF POLITICAL SUBDIVISION.
DATE ON WHICH VOTE OCCURRED Citv of Delrav Beach
July 5, 2005 MY POSITION IS: ~ ELECTIVE
o APPOINTIVE
WHO MUST FILE FORM 88
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority. or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason. please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
mures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S.. and officers of independent specIal tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father. mother, son, daughter, husband. wife. brother. sister. father-in-law,
mother-in-law. son-in-law. and daughter-in-law. A "business associate" means any person or entity engaged In or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
* . . * * * . * * . . * * * . .
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above. you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your mterest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting. who should incorporate the form in the minutes.
. * . * * . * . . . . . * . * .
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However. you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
. You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting. who will incorporate the form in the minutes. (Continued on other side)
CE FORM 86 - EFF. 1/2000 eJ.A.i-. PAGE 1
APPOINTED OFFICERS (continued)
· A copy of the fonn must be provided immediately to the other members of the agency.
· The fonn must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You must disclose orally the nature of your conflict in the measure before participating.
· You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting. who must incorporate the form in the minutes. A copy of the fonn must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the fonn is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, Jon Levinson , hereby disclose that on July 5 ,20~:
(a) A measure came or will come before my agency which (check one)
_ inured to my special private gain or loss;
_ inured to the special gain or loss of my business associate. ,
- inured to the special gain or loss of my relative, ,
L inured to the special gain or loss of_~J;. ~ t... J N b }2E:sDeJ{l.C(Z<:::O . by
whom I am retained; or
- inured to the special gain or loss of ,which
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
SAP-L
07/05/2005
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317. A FAIL: RE TO KE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION. REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 88 - EFF. 1/2000 PAGE 2
---
Wednesday, June 29, 2005
To Whom It May Concern:
I am a local business owner who has been involved in our town over the past IS years. Our
company has been located in and serving Delray since 1962.
I am in support of our downtown Atlantic Avenue redevelopment and would like to see the
addition of a sound financial institution such as Bank United.
I am also certain that their presence on The A venue will be an asset to our community.
Sincerely,
CÎ~ß-.,¿& ..
J. Michael Pakradooni
Owner and President
Atlantic Refrigeration Corp.
1255 N W 17th Avenue. Delray Beach. Flonda 33445 · 561-278-1937 · F,lX ~61-278-0373 · v"ww atlantlcrefngeratlon cc
Q-ß
cCollister's
Transportation Systems, Inc. 4733 WEST ATLANTIC AVE SUITE C22 . DELRAY BEACH, FL 33445 . (561) 499-2221
July 1, 2005
To Whom It May Concern:
Our organization would be pleased to see a Bank United Office in the Downtown Delray Beach.
~~
Doug Johnson, Owner, Logistics Management a McCollister Company
BURLINGTON' DALLAS' POUGHKEEPSIE' ATLANTA' CHICAGO' BOSTON
RALEIGH' LOS ANGELES, SAN JOSE, NEW YORK· MINNEAPOLIS' WASHINGTON. DC . AUSTIN Q-~
WindDlil1 Sprinkler & Hardware
Since 1954 · Pumps · Wells · Systems
Cert. of Competency: 561.495.2311 9779 W Atlantic Ave
U 10197 PBC, 77-CLS-14 BWD
State Well Drilling #1120 Fax: 561.499.9219 Delray Beach FL 33446
To Whom It May Concern:
We, at Windmill Sprinkler would like to see a Bank United
in downtown Delray. We have an office in Fort Lauderdale
where we originally started, and we are familiar with
them in the Broward County area.
Sin~Y "
Dean J. M V.P.
Windmill Sprinkler Co., Inc.
q8
Jun 29 05 11:13a Gil's Laptop 561-279-4615 p. 1
~ G.L.N. Cleaning Services
"Quality is our motto"
June 29, 2005
BankUnited FSB
Dear Sir or Madam:
This letter is in support of BankUnited coming to downtown Delray Beach.
Having a local bank that is focused on the local community would be very
beneficial to our ever 80 growing town.
Sincerely,
G:at-
Pie 'a nt
500 Anchor Point Delray Beach, FL 33444
561-279-4615 Mobile 561-703-4311 email:glnserviceS@yahoo.com
Q-f-\
· Beauty & Beyond
·
· 135 SE 5th Ave Ste 3
· Delray Beach FL 33483
·
·
·
·
·
Beauty & Beyond
June 28, 2005
BankUnited FSB
Dear Sir or Madam:
This letter is in support of Bank United coming to downtown Delray Beach. I feel that having a bank
that is focused on the local community would be very beneficial to our ever so growing town.
Sincerely,
Sonia Totoli .~~
President j
............................
[Click here and type slogan]
Q-R
JASON LORD
ES'I~ \11~ .lE\\'ELHY · . \HT · . \:'\ r!(.2LI·:::S
6/28/05
To Whom it may concern:
We would love to have BankUnited join the family here on Atlantic.
\
I!
r
¡
Larry 1~k
owner
530 E. Atlantic Avenue · Delroy Beach, FL 33483 · (561) 279-0050 · FAX (561) 279-9524
q4ß
UILTERS MARKETPLACE INC.
524 E. Atlantic Avenue, Delroy Beach, FL 33483 305/243-3820
~ cX'J'; c>2ððS-
Jt£;£V/ ~~/
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------ ~---
The Savion Companies
766 SE 5th Avenue
Delray Beach, Florida 33483
July 5, 2005
The City of Delray Beach
100 N.W. 1!tt Avc:nue
Delray Beach, FL 33444
Re: Bank Unitec[
Gentlemen:
It has bee,tJ our pleasure to construct and develop a numbu of pro}~cts in the City
of Delray Beach:. Florida including Town Place at 180 NE 6th .ð.venue. Delray Beach.
Florida and SeaE·reeze Isles at 44 SeaBrceze, Delray Beach, Florila.
We have heard of Bank United's plans to locate on /\.tlantic A.venue at the
northeast comer (If Atlantic A venue on NE 4th A venue in Delm ÿ Beach, Florida. As a
developer in the area, we would like to inform you that we de. not believe that a bank
would have a si~ ;oificantly detrimental effect upon the stability <:0 7 that nei,ghborhood and
it will not hinder tile development or redevelopment of nearby p.rl 'perties.
We, for :)t1e. wouJd act.ively consider additional propedes imm2diately in the
vicinity of the II~lnk if such properties were to become avaih::b1e to m,. In fact, the
existence of the bank would enhance our perception of this ar,: a, making development
more likely.
Very Truly Y OUIS':..-::;I-
~)
Isack Merenfeld
q(ò
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS
LAST NAME-FIRST NAME-MIDDlE NAME NAME OF BOARD. COUNCIL, COMMISSION. AUTHORITY. OR COMMITTEE
Perlman Jeffre L. Delra B
MAILING ADDRESS THE BOARD. COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
971 Delray Lakes Drive WHICH I SERVE IS A UNIT OF.
CITY COUNTY Xo CITY a COUNTY o OTHER lOCAl AGENCY
Delra Beach Florida 33444 Palm Bea fiAME OF POlITICAl SUBDIVISION·
DATE ON WHICH VOTE OCCURRED Cit of D
MY POsmON IS:
Jul 2005 XI ELECTIVE o APPOINTIVE
WHO MUST FILE FORM 88
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council.
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143. FLORIDA STATUTES
A person holding elective or appointive county. municipal, or other local public offICe MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibIted from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special pnvate gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son. daughter, husband, wife. brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
* * * * * * * * * * * * * * * *
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
* . * * . * * * * . * * * * . .
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above. you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INflUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
. You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 88 - EFF. 112000 PAGE 1
q-H
------
APPOINTED OFFICERS (continued)
· A copy of the form must be provided immediately to the other members of the agency.
· The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You must disclose orally the nature of your conflict in the measure before participating.
· You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting. who must incorporate the fonn in the minutes. A copy of the fonn must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER"S INTEREST
I,~frey Perlman , hereby disclose that on JulY 5, ,20~:
(a) A measure came or will come before my agency which (check one)
- inured to my special private gain or loss;
_ inured to the special gain or loss of my business associate, .
X inured to the special gain or loss of my relative, Diane Colonna
- ,
_ inured to the special gain or loss of .by
whom I am retained; or
_ inured to the special gain or loss of ,which
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
Diane Colonna, my wife, is Director of the Community Redevelopment
Agency (CRA) . I have a conflict voting on items that directly affect the
Community Redevelopment Agency.
July 5, 2005
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317. A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 8B - EFF. 1/2000 PAGE 2
---~--
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR -
COUNTY, MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS
LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD. COUNCIL. COMMISSION, AUTHORITY. OR COMMITTEE
Perlman, Jeffrey L. Delray Beach City Commission
MAILING ADDRESS THE BOARD. COUNCIL. COMMISSION, AUTHORITY OR COMMITTEE ON
971 Delray Lakes Drive WHICH I SERVE IS A UNIT OF:
CITY COUNTY pClTY o COUNTY o OTHER LOCAL AGENCY
Delray Beach, Florida 33444 Palm Beac ~E OF POUTlCAl SUBOMSION:
Citv of Delrav Beach
DATE ON WHICH VOTE OCCURRED MY POSITION IS-
July 5, 2005 N ELECTIVE o APPOINTIVE
WHO MUST FILE FORM 88
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board. council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143. Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the s~cial private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre. one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother. sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer. coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
· . . . . . . * . . . . . * . *
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and fihng this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
· . . * . . . . . . * . * . . *
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above. you otherwise may participate in these matters. However. you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
· You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting. who will incorporate the form in the minutes. (Continued on other side)
CE FORM 88 - EFF. 112000 PAGE 1
o,-T
APPOINTED OFFICERS (continued)
· A copy of the form must be provided immediately to the other members of the agency.
· The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You must disclose orally the nature of your conflict in the measure before participating.
· You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting. who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency. and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, Jeffrey Perlman . hereby disclose that on July 5 ,20~:
(a) A measure came or will come before my agency which (check one)
- inured to my special private gain or loss;
_ inured to the special gain or loss of my business associate, .
,
~ inured to the special gain or loss of my relative, Diane Colonna
,
_ inured to the special gain or loss of , by
whom I am retained; or
_ inured to the special gain or loss of ,which
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
Diane Colonna, my wife, is Director of the Community Redevelopment
Agency (CRA) . I have a conflict voting on items that directly affect th
Community Redevelopment Agency.
07/05/2005
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 88 - EFF. 112000 PAGE 2
~..--..........~---
SAFETY As FLORIDIANS EXPECT
SAFE is an email based, f10fHtues paying membership organization that
connects with individuals, businesses, clubs, media outlets, etc., to promote
safety on all Florida roadways.
SAF':-s long-tønn goal is to help make Florida become known as the most
motorist, pedestrian, and bicycle friendly state in the USA.
SAFE was founded in 2004. At that time, our sole mission was to influence the
Florida Department of Transportation (FOOT) to build bicycle lanes and
additional sidewalks on A 1A in Delray Beach. At that time, our membership was
confined, for the most part, to Delray Beach residents.
Recently, SAFE enlarged its mission to include safety on all Florida roads - city,
county, and state - and to include safety for motorists, as well as pedestrians
and bicyclists.
SAFE has few membership meetings (our next meeting will be in late October),
but instead, relies on email to communicate. Membership duties include writing
emails, such as letters to the editor, requests to elected officials, attending a few
select public meetings to advocate for safety on Florida's roadway, etc.
Presently, the SAFE Board is preparing and prioritizing a specific issuelproject
list. We will then prepare a position paper on each, implement a plan, and ask
members for their comments.
If you would like to join SAFE and begin I'8C8iYing our free email
newsletter, please let SAFE know via email.
We hope you'll agree with SAFE's mission, and offer your support by becoming a
member.
Jim Smith
Chairman of SAFE (§afety As Floridians ExPect)
iameseiimchar@aol.com
II. ß.
!nt By: Steven A. Smilack P.A.; (954) 763-6370; Jul-5-05 12:43; Page 1/1
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STEVEN A. SMTLACK. P.A. ,
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712 East McNab Road ,
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Pompano Heach, foL 33060
TEL: (954) 7~3-6480 }
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FAX: (954) 783-6370 <
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July 5, 20U5 ,
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FAX COVER SHEET i
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TO: Scott I)apc, Senior Planner ~¥
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Planning and Zoning i
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City of Delroy Ueach i
100 NW 1" Avenue ~
Delré1Y Beach, FL 33444 !
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Phone No.: (561) 243-7000 \
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Fax No.: (561) 243-7221 j
NO. OF P AGF.S: 1. !
F~OM: Steven A. Smì lack ~
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(including cover sheet) [
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R~: Rezoning Petition File #2005-097. i
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CÓMMENTS: This fax memo is to infnml 'lOll that I am withdrawing my p:tition, File
#2005-097. T would like to thank. you and Mr. Darling for 'J. ·ur help and
taking the time to set up the meeting on July 1,2005 wilh t1l. residents of
Pelican Ilarbor. Thank ynu very much. V. . ~
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T$,S MESSACE IS INTENDED ONI.Y FOR THJ<: USE OF THR INDIVIDl <\L TO
~OM, OR ENTITY TO WHICH, IT IS ADDRESSED AND MAY CONTA: N
INFORMATION THAT IS PRIVILEGED, CONFID~NTrAL OR EXI<:MPT FROM ,
DÈSCLOSURE UNDER APPLICABLE LA \V. ¡("the reader of this message is 11)1 the 1
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ill~nded recipient or the cmployee or agent responsihle lor delive¡;ng thc ~ne~sage :0 the ¡
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jn~l1ded recipicIlt, you are hereby noti tied that any dissemination, distributi<¥1, or . opy ing of this j
communication is prohibited_ If you have received this communication in erè~)f, pl.:ase notifY us i
ìn~mediately by telephone (collect). and return the original message to us at the ab"ve address ~
vi~ the U.S. Postal Service_ Thank you. Ì
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SPECIAL MEETING/WORKSHOP MEETING
JULY 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 6:00 p.m.,
on Tuesday, July 12, 2005.
Roll call showed:
Present - Commissioner Patricia Archer
Commissioner Rita Ellis
ComnusslOner Jon Levinson
Commissioner Alberta McCarthy
Mayor Jeff Perlman
Absent - None
Also present were - David T. Harden, CIty Manager
Susan A. Ruby, City Attorney
Janet K. Whipple, Acting CIty Clerk
Mayor Perlman called the meeting to order and announced that it had been called for
the purpose of considering the following item:
SPECIAL MEETING AGENDA
1. PURCHASE AWARD/R. GEORGE & ASSOCIATES. INC.: Approve a purchase
award to R. George & AssocIates, Inc. in the amount of $771,944.56 via the Florida State
Contract #420-590-02-1 for the purchase of furniture for the Delray Beach Pubhc Library.
Funding IS available from 380-3552-571-64.10 (2004 G.O. Bond, Library, Office Furniture/
Fixtures) .
Mr. Levinson moved to approve a purchase award to R. George & Associates in the amount
of $771,944.56, 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.
2. BID AWARD/COMMUNITY TREE SERVICE: Approve a bId award to CommUffity
Tree Service in the amount of $24,330.00 via Palm Beach County Contract #05018 for the
removal and t:rinumng of trees at the MunicIpal Golf Course. Funding is available from 445-
4714-572-34.95 (J\'funiClpal Golf Course Fund/Debns Removal).
Mrs. Ellis moved to approve a bid award to Community Tree Service in the amount of
$24,330.00, seconded by Mrs. Archer. 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 5-0.
----
Mayor Perlman declared the Special Meeting adjourned at 6:02 p.m.
WORKSHOP AGENDA
1. Joint Meeting with the Education Board.
Janet Meeks, Education Coordinator, Betsy Owen, Chairman of the Education Board, and
Debbie Kaiser, Education Board Member, provided a Power Point Presentation presenting
infonnatlon the Education Board had gathered over the past year. A new Mission and Vision
Statement, new Goals and Objectives, and a calendar of events for the upcoming school year
had been developed. It was noted the School Board would contlnue existing programs such as
the PrinCIPal Breakfast, Walk a Child to School DC!)!, and PrinCIpal for a DC!)!. Two new programs
relating to parental involvement and literacy are being considered for the 2006/2007 school year.
A favorable consensus of the Comnussion noted the Education Board was doing an excellent
job by proceeding with derocation towards development of new proposals, as well as, showing
commitment to those lssues already in place.
2. Old School Square Presentation.
Mr. Joe Gtllie, Executive Director of Old School Square, and Mr. Jay Alperin, President of Old
School Square, reviewed proposals and a tentative master plan for the grounds surrounding Old
School Square and the Cornell Museum.
A favorable consensus of the Commission provided the approval to continue the development
of the site plan and proposals to refurbish the grounds around Old School Square and the
Cornell Museum.
3. Redevelopment Proposal for Adantic Plaza.
David T. Harden, City Manager, and Paul Dorling, Planning and Zoning Director requested
dtrection from the CommisslOn on the proposed Adantic Plaza. Mr. Dorling explained the slte
plans for the project.
An unfavorable consensus of the Commission was expressed concerning the proposed
development of the Adantlc Plaza.
Commission Comments. The Commission discussed attending the Friday morning Rotary Club,
and discussed issues concerning the Downtown Adantlc Avenue area.
ADDITIONAL SPECIAL MEETING ITEM
3. CLOSED ATTORNEY /CLIENT SESSION pursuant to F.S. 286.011(8) regarding the
case of Dwanna Newsome, a personal representative of the Estate of Ralph Antonio Brown
and Paul Emmanuel Stevens vs. the Clty of Delray Beach, Florida.
2 July 12, 2005
Mayor Perlman re-opened the Special Session for the Closed Attorney Client Session at 7:53
p.m.
Susan Ruby, City Attorney, read into record the following:
The City has scheduled a closed attorney client session pursuant to Florida Statutes
286.011 (8) regarding the lawsuit of Dwanna Newsome, a personal representative of
the Estate of Ralph Antonio Brown and Paul Emmanuel Stevens. The estimated
length of the closed seSSlOn will be 15 minutes. The following persons will be
attendmg: Mayor Jeff Perlman, Commissioners Pat Archer, Alberta McCarthy, Rita
Ellis and Jon LeVInson, City Manager DavId Harden, City Attorney Susan Ruby,
AssIstant City Attorney Cathy Kozol, Fred Gelston, Esq., and a Certified Court
Reporter. Tills closed Attorney/Client Session IS to discuss setdement negotiations
and strategy related to htigation of expenditures in this case.
Janet Whipple, Acting City Clerk was requested by the City Attorney to turn the recorder off and
leave the room durmg the Attorney/Client Session.
The recorder was turned back on and Mayor Perlman closed the Attorney/Client Session at 8:35
p.m. reopened and then adjourned the SpecIal Meeting/Workshop at 8:35 p.m.
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 Special Meetlng/Workshop of the City
Commission held on Tuesday, July 12,2005, which J'vfinutes were formally approved and adopted by
the City Commission on July 19,2005.
City Clerk
NOTE TO READER: If the Minutes you have received are not completed as mdicated above,
this means they are not the official J'vImutes of the CIty Comnussion. They 'will become the official
Minutes only after reVIew and approval, which may involve amendments, additlons or deletions to
the Minutes as set forth above.
3 July 12,2005
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WHEREAS, the children of Delray Beach, Florida are the foundation on
which our future success is built; and
WHEREAS, children seek parents, mentors, and friends to aid them in
reaching important goals; and
WHEREAS, families and communities play vital roles in helping children
develop a positive self image, sense of belonging, and a sense of competence;
and
WHEREAS, National KidsDay is a special day set aside each year (the
first Sunday in August) to encourage and remind adults that the meaningful time
they share with children is important to their development; and
WHEREAS, the National KidsDay Honor Roll, comprised of Boys &
Girls Clubs of America and other youth service organizations, together reach
millions of youth via their services and community involvement; and
WHEREAS, National KidsDay emphasizes the importance of
meaningful time spent with kids on this day and every day, all year long; and
WHEREAS, the National KidsDay Honor Roll is working to establish
National KidsDay on the national calendar.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of
Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim
the first Sunday in August as
National Kids[)ay
in the City of Delray Beach, and urge all citizens to join in recognizing and
commending the National KidsDay Honor Roll organizations in our area for
providing their everyday contributions and commitment to improving the lives
of the children and young adults in our communities.
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 of
] uly 2005.
JEFF PERLMAN
MAYOR
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the children of Dc::. \ V" 0... ~ ~1Ã.C Vt ) PL-
are the foundation on which OUT future success is built; and
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children seek parents, mentors arul friends
to aid them in reaching imþortllnt goal8; and
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families arul communities þl6y vitlll roles in helþÍng children develop
a þollÍtive self image, sense of belonging and a sense of comþetence; and
~erea).1
National KidsDay is a speck" day set aside each year (the first Sunday
in August) to encourage arul remind adulb that the meaningful time
they sMre with children is imþortont to tluir development; arul
9)17herea).1
the National KidsDay Honor Ron, comprised ofBors 6 Girls Clubs of America,
and other youth serving organiUltions, together reach millions 0{ youth
via their services and community involvement; and
9)17herea).1
National KúhDay emþhasius the imþorl:once of meaningful time
spent with kids on this Day and every day, aU year long;
G}1?herea).1
the National KidsDay Honor Roll is working to establish
National KidsDay on the national calendar,
r!JfIòw cr9herqore,
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And call upon all citî%em to join with me in recognizing and commending
the National KidsDay Honor Roll organizations in OUT area for providing their
everyday contributions and commitment to improving the lives of the
children and young adulb in OUT communities.
Signed Date
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I Session SUmmary 2005
I
i SENATOR
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1
i RON KLEIN
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! 3333 SOUTH CONGRESS AVENUE .SUITE 305A .DELRAY BEACH, FLORIDA 33445. (561) 274-4777 . (561) 279-1990 FAX !
I E-MAIL ADDRESS: klein.ron. web@flsenate. gov j
I i
I
The 2005 Legislative Florida Atlantic University Florida Atlantic University I
I I
Session ended as scheduled and University of Miami as a seventh CARD location.
! on Friday, May 6th. Of the Medical School- CARD centers are places
I
I
! 1215 general bills filed in where families with autistic
I I
I the Senate, 175 passed both By earmarking $2 million in children !
can receIve ;
;
I chambers and will be acted the state budget for the therapeutic interventions,
I on by the Governor. I am expansion of the Florida services, referrals and other
pleased to report to you that Atlantic University and support they need.
several of the bills I University of Miami joint
i sponsored and co-sponsored Medical School program, we The Dori Slosberg Act -
i are among the successful. were able to ensure the
I continuation of this Named for Representative
!
! The Legislature did not important and exciting Slosberg's daughter who
!
I approve controversial program in our community, was killed in a car accident,
I
I legislation dealing with the which will also include this bill makes the failure to
I
repeal of the class internships at Boca Raton wear a seatbelt a primary
i SIze
I amendment, expansion of Community Hospital, and enforcement violation for
i the school voucher program, solidify FAU's reputation drivers younger than 18.
I Medicaid Reform, or tort for high academics and
I reform. These issues are excellence m educational Bicycle Safety -
sure to reappear m the opportunities.
future. In tandem with our "Share
Centers for Autism and the Road" program, this law
I Here are some of the Related Disabilities requires the Florida
legislative and budget issues (CARD) - Department of
that I successfully worked Transportation to conduct a
on this year: In response to a growing study of bicycle paths that
number of children are on or connected to the
I diagnosed with autism, this State Highway System.
legislation designates
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The bill also requires an The budget for the State of improve water quality for
implementation plan for Florida is now over $63 the Chain of Lakes, which
incorporating bicycle paths billion dollars. Funded in IS a system of five
on state highways within the the budget are several local interconnected lakes from
department's five year work projects that I actively West Palm Beach to Delray
program. supported, including: Beach.
Golf Cart Regulation - $400,000 for the new Should you have any
Center for Autism and questions regarding these, or
In an effort to improve Related Disabilities at any other issues from the
safety in our communities, Florida Atlantic University. 2005 Legislative Session,
this bill allows please do not hesitate to
municipalities to pass $157,500 for contact me.
ordinances that would Transportation for the
require drivers of golf carts Elderly and Disabled, a For those of you who may be
to be licensed drivers. State program administered traveling this summer,
law allows golf cart drivers through the South Palm please have a safe, happy
to be as young as 14. Beach County Jewish and healthy vacation. I look
Federation that provides forward to seeing you soon.
Florida Alliance of transportation to doctor
Assistive Services and appointments, shopping and
Technologies (F AAST) - social activities for those
who would otherwise be
This bill details the activities homebound.
and composition of the
F AAST Advisory Council, $100,000 for the Caridad
which is a body dedicated to Health Clinic, which
providing access to assistive administers health care to
services and technologies to migrant workers and their
the disabled community. families with the help of a
network of physician
Arthritis Education and volunteers.
Prevention Act-
$100,000 to assist
On behalf of the 3 million Holocaust Survivors with
people in Florida impacted services they may need as
by arthritis, this legislation they become older and more
creates a program to infirm.
establish a public awareness
campaign by the Department $800,000 to implement a
of Health on over 100 types restoration and management
of arthritis and ways to plan that will create and
minimize pain and prevent restore essential fish and
injury. wildlife habitats and
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I CITY COMMISSION DOCUMENTATION I elk
TO: DAVI~EEANAGER eft I]
THRU: PAUL.: D. RUNG, IR ~R OF PLANNING AND ZONING !
FROM: NGUY~ NI PLANNER
SUBJECT: MEETING OF JULY 19, 2005 * * * CONSENT AGENDA * * *
FINAL BOUNDARY PLAT FOR A 42.39 ACRE ATLANTIC HIGH SCHOOL SITE
KNOWN AS OWENS BAKER PLAT WHICH INCLUDES FORMAL ABANDONMENTS
OF RIGHTS-OF-WAY OF DEDICATED STREET NETWORKS WITHIN THE
PARKSIDE TOWHOMES AND BREEZY RIDGE ESTATES PLAT; LOCATED ON THE
NORTH SIDE OF WEST ATLANTIC AVENUE, BETWEEN CORAL TRACE
BOULEVARD AND LAKE WORTH DRAINAGE DISTRICT (L.W.D.D.) E-4 CANAL.
I BACKGROUND/PLAT DESCRIPTION I
On February 26, 2002, the Delray Beach City Commission (City) approved the Interlocal Agreement
between the School District of Palm Beach County and the City for the relocation of Atlantic High
School. Through this agreement, the City had to acquire the land, process all necessary land use
actions, obtain all necessary permits from outside agencies and convey fee simple title to all property to
the School Board to meet the construction schedule set forth in the District's Five Year Capital Plan.
Below is a brief summary of approval dates and actions leading up to this platting process.
· March 19, 2002 - City Commission approves Resolution authorizing land acquisitions by gift,
purchase or eminent domain.
· June 4, 2002 - City Commission approved resolutions authorizing the acquiring of properties
by eminent domain and the making of offers in certain eminent domain proceedings.
· December 2002 - City conveys fee simple title to all properties to the School Board.
The subject property consists of a replat of a portion of Temple Sinai Plat (PB 46, PG 53), a portion of
Replat of Part of Breezy Ridge Estates (PB 24, Pg 116), all of Parkside Townhomes at Delray (PB 92,
PG 117) and several vacant tracts of land lying in Section 18, City of Delray Beach, Palm Beach
County Florida. The entire 42.39 acre site is located on the north side of West Atlantic Avenue,
between Coral Trace Boulevard and L.W.D.D. E-4 Canal.
The boundary plat is divided into 2 tracts of land, Parcel "A" and Parcel "B". Parcel "A" is located on the
north side of the L.W.D.D. L-33 canal and is comprised of the Parkside Townhomes Plat and several
vacant tracts of land. Parcel "B" is located on the south side of the L.W.D.D. L-33 canal and is
comprised of a portion of Temple Sinai Plat and a portion of the Replat of Part of Breezy Ridge Estates.
The ultimate right-of-way width for West Atlantic Avenue should be 120 feet. An additional right-of-way
dedication of 14 feet (7' from each abutting property owner along West Atlantic Avenue) is required.
This plat shows a dedication of 7' of additional right-of-way along West Atlantic Avenue dedicated by
special instrument and recorded in Official Records Book 16565, Page 1234.
, PLAT / ABANDONMENT ANALYSIS ,
Plat Analvsis:
Pursuant to LDR Section 2.4.5(K)(5), Findinøs: No specific findings are necessary for the
approval of a final plat for a minor subdivision except when a boundary plat is filed in
conjunction with an approved site and development plan. Under this scenario, a finding
must be made by the City Commission that the final plat is consistent with the findings made
upon approval of the site and development plan.
According to Florida Statute 1013.33(13), a formal site plan approval is not required for the school,
however, the site development plan was submitted to the City for a courtesy review. After staff's <6 A
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City Commission Documentation
Meeting of July 19, 2005
Owens Baker Plat
Page 2
review of the proposal, the site plan was found to be consistent with the City's Comprehensive Plan;
more specifically with the Public Schools Facilities Element Policy B-1.4, Objective B-2, Policy B-
2.5, and the Future Land Use Element Objective D-3, Policy D-3.3, D-3.4, and D-3.5. The City has
always encouraged the location of schools be proximate to urban residential areas they will serve
and also locations that serve as community focal points. This proposed site is centrally located in
relation to the entire City of Delray Beach municipal boundaries and where public infrastructure to
support the development of the site is readily available. The site is within the County's urban
services area and will accommodate an upgraded high school which is identified in the School
Districts Five Year Capital Plan. The development is compatible with all adjacent land uses and is
a permitted use within the RM (Multiple Family Residential) and R-1-AA (Single Family) Zoning
Districts. With the above mentioned consistencies, a positive finding with respect to LDR Section
2.4.5(K)(5) can be made.
Abandonment Analvsis:
Pursuant to LDR Section 2.4.6(0)(1), public rights-of-way may be abandoned (returned) to the
adjacent property to the same degree in which it was originally obtained (i.e. property dedicated
exclusively from a single parcel shall be returned to that parcel; property dedicated through
subdivision shall be divided at the center line and returned equally to abutting parcels).
The proposed plat will vacate the street network within two platted subdivisions. The right-of-way being
abandoned within the plat of Parkside Townhomes At Delray is dedicated as Parkside Drive. The
rights-of-way being abandoned within a portion of the plat of Replat of Part of Breezy Ridge Estates are
dedicated as S.W. 1st Street, S.W. 23rd Avenue and S.W. 24th Avenue. It should be noted that S.W. 2nd
Street, S.W. 25th Avenue, S.W. 26th Avenue and a portion of S.W. 1st Street as shown on the western
portion of the plat of Replat of Part of Breezy Ridge Estates were abandoned and incorporated as part
of Temple Sinai of Palm Beach County plat. Since the School Board is the owner of the entire subject
area, the abandonment areas will be returned to the School Board.
Reauired Findinas:
Pursuant to LDR Section 2.4.6(0)(5), prior to any right-of-way abandonment being approved, the
following findings must be made:
A} That there is not, nor will there be a need for the use of the right-of-way for any public
purpose.
Although the plat for Parkside Townhomes at Delray Beach was recorded, the site plan was
withdrawn and never received site plan certification from the City. Since the project was never
developed, the right-of-way (Parkside Drive) dedicated to serve the proposed development is
no longer needed for any public purpose. As with the right-of-way dedicated on the Parkside
Townhomes Plat, the rights-of-way incorporated in the Replat of Part of Breezy Ridge Estates
are also no longer needed to serve their intended purpose since all structures and
improvements associated with Breezy Ridge Estates Subdivision have been removed. By
vacating the rights-of-way to accommodate the construction of a new public high school, the
public need for the use of the rights-of-way will be better served.
B} That the abandonment does not, nor will not, prevent access to a lot of record.
---- --
City Commission Documentation
Meeting of July 19, 2005
Owens Baker Plat
Page 3
The subject abandonment will not prevent access to any parcel, as all affected parcels will be
replatted into two parcels and primary access to the parcels will be taken from West Atlantic
Avenue.
C) That the abandonment will not result in detriment to the provision of access and/or utility
services to adjacent properties or the general area.
All utility companies (FP&L, Adelphia, Bellsouth & Florida Public Utilities) have been notified
and existing facilities within the subject area have been either removed, abandoned or
relocated. All City facilities (water and sewer) have been removed from their existing location.
Pursuant to LDR Section 2.4.5(L)(5), prior to approving a vacation of a recorded plat, the City
Commission must find that the abandonment of any affected public interest which had been
created by the plat or any public improvement which was to have been provided in
implementation of the plat, but which would not now be required, shall not have a significantly
adverse impact upon the City's ability to obtain, retain, or maintain public facilities or tests of
concurrency.
As previously mentioned, the rights-of-way and easements created by the two plats (Parkside
Townhomes at Delray and Replat of Part of Breezy Ridge Estates) are no longer needed to serve their
intended purpose. All public facilities (Water and Sewer) have been removed. By vacating these two
plats, there are no adverse impact upon the City's ability to obtain, retain or maintain facilities since the
entire area will be replatted as one unified development and new rights-of-way and public facilities will
be installed.
~ RECOMMENDED ACTION I
Approve the right-of-way abandonments, vacation of recorded plats and the creation of a new final plat
known as Owens Baker Plat based upon positive findings with respect to LOR Sections 2.4.6(0)(5),
2.4.5(L)(5) and 2.4.5(K)(5).
Attachments: Location Map, Reduced Plat. Reduced Site Plan
S:\Planning & ZoningIBOARDSICITY COMMISSIOMOwens Baker Plat. doc
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tf.Þ1
SUBJECT: AGENDA ITEM # g B - REGULAR MEETING OF ]UL Y 19. 2005
RESOLUTION NO. 49-05
DATE: JULY 15, 2005
This is a resolution assessing costs for abatement action necessary to remove junked and/or abandoned
vehicles from six (6) properties within the City.
The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the
properties in the event the assessments remain unpaid.
Recommend approval of Resolution No. 49-05.
Department on Carohne S/Clty Clerk/Len Process/Agmemos/lAgmemoA V Res No 49-05
,.
RESOLUTION NO. 49-05
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY
i 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
I LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING
FOR THE MAILING OF NOTICE OF LIEN.
WHEREAS, the City Manager or his designated representative has, pursuant
to Chapter 90 of the Code of Ordinances, removed junked and/or abandoned vehicles
owned by persons described in the list attached hereto and made a part hereof, for
violation of the provisions of Chapter 90 of the Code of Ordinances; and,
WHEREAS, pursuant to Chapter 90 of the Code of Ordinances of the City of
Delray Beach, the City Manager or his designated representative has determined that a
nuisance existed in accordance with the standards set forth in Chapter 90 of the Code
of Ordinances, and did furnish the respective owner(s) of the land(s) described in
the attached list with written notice of public nuisance pursuant to Sections 90.02
and 90.03 of the Code of Ordinances; and,
WHEREAS, the property owner(s) named in the list attached hereto and made
a part hereof did fail and neglect to remove said junked and/or abandoned vehicles,
and thus failed to abate the nuisance(s) or to properly request a hearing pursuant to
Chapter 90 within the time limits prescribed in Chapter 90 of the Code of Ordinances,
or if the property owner(s) did request and receive a hearing, said property owner(s)
failed and/or neglected to abate such nuisance (s) as required by Chapter 90 of the
Code of Ordinances¡ and,
WHEREAS, the City of Delray Beach, through the City Administration or such
agents or contractors hired by the City Administration was therefore required to and
did remove said junked and/or abandoned vehicles owned by persons described in the
list attached and made a part hereof and incurred costs in abating the subject
nuisance(s)¡ and,
WHEREAS, the City Manager of the City of Delray Beach has, pursuant to
Chapter 90 of the Code of Ordinances of the City of Delray Beach, submitted to the
City Commission a report of the costs incurred in abating said nuisance(s) as
aforesaid; and,
WHEREAS, the City Commission of the City of Delray Beach, pursuant to
Chapter 90 of the Code of Ordinances desires to assess the cost of said nuisance (s)
against said property owner(s),
'. '
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown by the
report of the City Manager of the City of Delray Beach, involving the City's cost of
abating the aforesaid nuisances a copy of which is attached hereto and made a part
hereof, are hereby levied against the parcel(s) of land described in said report and
in the amount(s) indicated thereon. Said assessments so levied shall, if not paid
within thirty (30) days after mailing of the notice described in Section 3, become a
lien upon the respective lots and parcel(s) of land described ~n said report, of the
same nature and to the same extent as the lien for general city taxes and shall be
collectible in the same manner and with the same penalties and under the same
provisions as to sale and foreclosure as City taxes are collectible.
I
I Section 2. That such assessment shall be legal, valid and binding
! obligations upon the property against which said assessments are levied.
Section 3. That the City Clerk of the City of Delray Beach is hereby
directed to immediately mail by first class mail to the owner(s) of the property, as
such ownership appears upon the records of the County Tax Assessor, notice(s) that
the City Commission of the City of Delray Beach on the
has levied an assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable within thirty (30 )
days after the mailing date of said notice of assessment, after which a lien shall be
placed on said property, and interest will accrue at the rate of 8% per annum, plus
l reasonable attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty (30 ) days
from the date of adoption and the assessment(s) contained herein and shall become due
and payable thirty (30 ) days after the mailing date of the notice of said
assessment(s), after which a lien shall be placed on said property(s), and interest
shall accrue at the rate of eight (8) percent per annum plus, if collection
proceedings are necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been received by the
City Clerk within thirty (30) days after the mailing date of the notice of
assessment, the City Clerk is hereby directed to record a certified copy of this
resolution in the public records of Palm Beach County, Florida, and upon the date and
time of recording of the certified copy of this resolution a lien shall become
effective on the subject property which shall secure the cost of abatement, interest
I at the rate of 8%, and collection costs including a reasonable attorney's fee.
I
2
Res. No. 49-05
" , "
Section 6. That at the time the Ci ty Clerk sends the certified copy of
this resolution for recording, a notice of lien, in the form of prescribed in Section
90.06 of the Code of Ordinances, shall be mailed to the property owner.
PASSED AND ADOPTED in regular session on this day of
, 2005.
MAYOR
A'ITEST:
Acting City Clerk
I
I
I 3
Res. No. 49-05
I
I
!
i
COST OF ABATING NUISANCES UNDER CHAPTER 90
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
ROSEMONT GARDENS UNIT B, LOT 8, BLK 4 J
PB 9856 P 1982 PUBLIC RECORDS OF PALM
i
BEACH COUNTY, FL
(507 SW 6TH ST) LINDA D TAYLOR
1243462031 004 0080 3423 SW CORNELL AVENUE
CUST ID # 10926 ,PALM CITY, FL 34990-3465 $ 45.00
!
TOWN OF DELRA Y TOKUMBO & CARLOTTA
S 45 FT OF E 135 FT OF BLK 22
PUBLIC RECORDS OF PALM BEACH COUNTY, FL i ABIOSE
(505 A & B SW 2ND ST) ~ 5320 BUCHANAN RD
1243461601 0220210 ~ DELRA Y BEACH, FL 33484-
CUST ID #538 ¡4218 $ 45.00
TOWN OF DELRAY
S 45 FT OF E 135 FT OF BLK 22 TOKUMBO & CARLOTTA
PUBLIC RECORDS OF PALM BEACH COUNTY, FL ABIOSE ,
(505 A & B SW 2ND ST) 5320 BUCHANAN RD
1243461601 0220210 DELRA Y BEACH, FL 33484-
CUST ID #538 4218 i $ 45.00
I
SUNNY HGTS AMENDED LOT 7 (LESS W 2.5 FT) &
W 5 FT OF LOT 8 BLK 2, PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(319 SW 8TH CT) LIONEL JACQUES
12 43 46 20 26 002 0070 319 SW 8TH CT.
CUST ID # 10927 DELRAY BEACH, FL 33444 $ 45.00
ATLANTIC PINES L T 33, BLK 1
PB 13, P 77, PUBLIC RECORDS OF PALM BEACH i
COUNTY, FL I
(21 NW 12TH AVENUE) B ANDREWS
12434617 17 001 0330 2987 ANGLER DRIVE
CUST ID # 450 DELRAY BEACH, FL 33445 $ 45.00
I
ATLANTIC PINES LOT 24, BLK 2, ,
PB 16137, P 1286, PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(47 NW 11TH AVENUE) hHOMAS L HUNTLEY
12434617 17 002 0240 ~47 NW 11TH AVENUE
CUST ID # 10925 ~ DELRA Y BEACH, FL 33444 $ 45.00
~
VIOLATION IS: SECTION 90.03 - STORING. PARKING OR LEAVING WRECKED OR
INOPERABLE MOTOR HAZARDS: DECLARED NUISANCE
Page 1 RES. NO. 49-05.xls
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER p¡v{
SUBJECT: AGENDA ITEM # ~C- - REGULAR MEETING OF JULY 19. 2005
EASEMENT DEEDS/S.W.lN.W. 5TH AVENUE
DATE: JULY 15, 2005
This is before the Commission to approve and accept easement deeds and construction documents
with property owners along S.W./N.W. 5th Avenue for the S.W./N.W. 5th Avenue Improvements
Project.
The documents include rights-of-way along the alley, construction easements to construct parking lots
off of the alley, and the construction of sidewalks along S.W./N.W. 5th Avenue. The attached table
summarizes the documents to be executed.
Recommend approval of acceptance of easement deeds and construction documents with property
owners along S.W./N.W. 5th Avenue for the S.W./N.W. 5th Avenue Improvements Project.
S·\Ctty Clerk\agenda cover memos\CM Memo Property Owners Easement Deeds SW NW 5'" Ave 071905
---- --
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO: David T. Harden U
FROM: Randal L. Krejcarek, P.E.
DATE: 15 July 2005
SUBJECT: SW/NW 5th Avenue - SW 1st Street to NW 2nd Street
Easement Documents
Commission Agenda Item
Project # 1997-057
The attached agenda item is tor Commission authorization/approval tor Mayor to
execute right-ot-way, easement and construction documents with property owners
along SW/NW 5th Ave. These documents include rights-ot-way along the alley,
construction easement to construct parking lots off ot the alley and construction ot
sidewalks along SW/NW 5th Ave. The attached table summarizes the documents
included in this agenda item.
There is no cost to the City tor executing these documents.
The attached map shows the project location.
Please place this item on the 19 July 2005 Commission Agenda.
Thanks!
enc
cc: Richard Hasko, P.E., Director of Env. Svcs.
Joseph Safford, Finance Director
file
S IEngAdmmlProjects\2003\2003-037\OfficlaI\2005-07-19 agenda memo constrdoc
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i
Prepared by: RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200N.W.1stAvenue
Delray Beach, Florida 33444
EASEMENT DEED
THIS INDENTURE, made this _ day of , 200_, by and between
BERNADETTE BUTLER, with a mailing address of 635 Angler Drive, Delray Beach, FL
33445 party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of
100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach
County, State of Florida, party of the second part:
WITNESSETH: That the party of the first part, for and in consideration of the mutual
promises herein contained and other good and valuable considerations, does hereby grant,
bargain, sell and release unto the party of the second part, its successors and assigns, a right of
way and perpetual easement for the purpose of the construction and maintenance of a public
sidewalk with full and rree right, liberty, and authority to enter upon and to install, operate, and
maintain such sidewalk across, through and upon or within the following described property
located in Palm Beach County, Florida, to-wit:
DESCRIPTION
West 5' of Lots 39 & 40, Block 29
Concomitant and coextensive with this right is the further right in the party of the second party,
its successors and assigns, of ingress and egress over and on that portion of land described above,
to effect the purposes of the easement, as expressed hereinafter.
That this easement shall be subject only to those easements, restrictions, conditions and
reservations of record. That the party of the first part agrees to provide for the release or
subordination of any and all mortgages or liens encumbering this easement. The party of the first
part also agrees to erect no building or affect any other kind of construction or improvements
upon the above-described property, other than the aforementioned sidewalk.
It is understood that upon completion of sidewalk construction, all lands disturbed
thereby as a result of such construction performed thereon, will be restored to its original or like
condition without expense to the property owner and that once the sidewalk has been constructed
----
""
to the required standards the party of the second part shall repair and maintain the sidewalk in
confonnance with its practices of maintaining public sidewalks throughout the City.
Party of the first part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever claimed by, through or under it, that it
has good right and lawful authority to grant the above-described easement and that the same is
unencumbered except as provided above. Where the context of this Easement Deed allows or
pennits, the same shall include the successors or assigns of the parties.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the
day and year first above written.
WITNESS #1: PARTY OF THE FIRST PART
By: ~- -~~
-
(name printed or typed)
WITNESS #2:
(name printed or typed)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
-
, 200_ by (name of officer or agent), of
(name of corporation), a (State or place of
incorporation) corporation, on behalf of the corporation. He/She is personally known to me or
has produced (type of identification) as identification and did/did
not take an oath.
Signature of Notary Public-
State of
(SEAL)
2
"
...
~
SCALE: 1· = 20'
BLOCK 27
TOWN OF DELRAY
(P.B. 1, PG. 3, P.B.C.R.) ()
0
z
0
7 ~1)70" I 0.7' :E
~.t(~ ASPHAL T PARKING 0 »
CURB 72" r
7.> ^ 2 STORY
~ 8" h~
7~J'f~ (~I' (#
ASPHALT 0-
'1'
70" DRIVE
7'>04"
~ .~ rCONC. WALK "0/ - . "' \. "~ -~ -+ -y~
-,~ .~ - --+ - -
.
23+00 24+00
- I - - 1- - -I -
SW 5th A VEN U E
.. R/W PER PLAT
L()
fALK
()
0
~70" Z »
0 (J)
~ 06" I 7.> 8" j?* ASPHAL T DRIVE & PARKING
r tV :E 18" 7.>
^
I »
r
^
I CONC. WALK
I 1 STORY
1 STORY BUILDING BUILDING
(#51 & #53) (#37)
I A PORTI N OF BLOCK 29
I TOW OF DELRAY
I (P.B. 1, PG. 3, P.B.C.R.)
I
37 LOT 38 LOT 39 I LOT 40 LOT 41
I
I
" CITY of DELRA Y BEACH PROPOSED SIDEWALK EASEMENT 11/16/04
I ENVIRONMENTAL SERVICES DEPAFmv1ENT 51 SW 5TH AVE 03-037
434 SOUTH BWNTON AVENUE, CELRAY BEACH, R...ORDA 33444 Project # 2003-037 1 of 1
'"'
I
t?
RIGHT OF ENTRY AGREEMENT FOR REMOV AL OF SIDEWALK
THIS AGREEMENT entered into this _ day of , 200_, by and between
the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as
("CITY"), and ALFRED STRAGHN & LOIS STRAGHN, hereinafter referred to as
("OWNER"), and provides as follows:
WHEREAS, the CITY desires to remove the existing sidewalk that is located on the
property that is described in Exhibit "A"; and
NOW, THEREFORE, the parties agree as follows:
1. OWNER hereby grants to the CITY the right to enter onto the property described
in Exhibit "A" in order to remove a sidewalk that exists on the property.
2. It is agreed that this Agreement and the rights granted herein shall cease upon the
removal of the sidewalk.
3. It is further agreed that upon the removal of the sidewalk, the CITY, its
employees, agents, contractors, sub-contractors, and/or assigns shall have no further maintenance
responsibility regarding OWNER'S property.
4. This Agreement constitutes the entire agreement and understanding of the parties,
and supersedes all offers, negotiations, and other agreements. 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. This Agreement is governed by the laws of the State of
Florida.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the
day and year first above written.
WITNESSES: OWNER(S): L
t¡}t~~I;:!!;~~ BY:~.
. edSra
(Name Printed or Typed) By:~[J;YM~
ck~~£~ is Straghn
(Name Printed or Typed)
..
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of ,
200_, by Alfred Straghn, who is personally known to me or who has produced
(type of identification) as identification and who did (did not) take an
oath.
Signature of Notary Public - State
of Florida
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of ,
200_, by Lois Straghn, who is personally known to me or who has produced
(type of identification) as identification and who did (did not) take an
oath.
Signature of Notary Public - State
of Florida
ATTEST: CITY OF DELRA Y BEACH, FLORIDA
By: By:
City Clerk Jeff Perlman, Mayor
Approved as to Fonn:
By:
City Attorney
2
...
EXHIBIT" A"
Town of Del ray S 25 ft. ofN 135 ft ofE 100 ft & S 100 ft ofN 235 ft ofE 135 ft (Less E
5 ft ofSW 5th Avenue)
'"'
~
SCALE: 1- - 40-
~ ~ 0.7'
0.7' i CURB -tÍ
CURB '.. rr <> M
SPHAL " 0 ASPHALT .. .
S
;Ii ! ORIVE "0
DRIVE D~
1f" "
'..
-----.
.. 0..1'"
23+00 24+00 25+00
- -of- -I - - I - I - 1 - -
SW 5th AVENUE
CONe. WALK .. C W
<D"" ª '.. 07' -~Ji
0 ASPH CURB I ~* CONC.
E DRI'Æ '.. ..
: @" I ø ....'.. DAlVE ..
CONC. WALK ! '>.
1 STORY I 7' CURB C
1 STORY BUILDING BUILDINC
(15' ... 153) (137)
(
ATlANTI
(P.B. 71.
A PORTION OF BLOCK 29
36 LOT 37 LOT 38 LOT 39 LOT 40 LOT 41 TOWN OF DELRA Y LOT 42 LOT 43 LOT 44
(P B. I, PG 3. P.B.C.R)
" CITY of DELRA Y BEACH PROPOSED CONSTRUCTION EASEMENT 11/16/04
ENVIRONMENTAL SERVICES DEPARTMENT 26 SW 5TH AVE 03-037
<134 SOUTH 8WNTON AVENE. DB..RAY BEACH, FLOFIDA 33444 Project # 2003-037 1 of 1
..
r
, /
Prepared by: RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Flonda 33444
EASEMENT DEED
THIS INDENTURE, made this _ day of , 200_, by and between DORIS
P. ROBINSON, with a mailing address of 6858 Finamore Circle, Lake Worth, FL 33467, party
of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st
Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of
Florida, party of the second part:
WITNESSETH: That the party of the first part, for and in consideration of the mutual promises
herein contained and other good and valuable considerations, does hereby grant, bargain, sell and
release unto the party of the second part, its successors and assigns, a right of way and perpetual
easement for the purpose of the construction and maintenance of a public sidewalk with full and
ftee right, liberty, and authority to enter upon and to install, operate, and maintain such sidewalk
across, through and upon or within the following described property located in Palm Beach
County, Florida, to-wit:
DESCRIPTION
West 5' of Lot 44, Block 29
Concomitant and coextensive with this right is the further right in the party of the second party,
its successors and assigns, of ingress and egress over and on that portion ofland described above,
to effect the purposes of the easement, as expressed hereinafter.
That this easement shall be subject only to those easements, restrictions, conditions and
reservations of record. That the party of the first part agrees to provide for the release or
subordination of any and all mortgages or liens encumbering this easement. The party of the first
part also agrees to erect no building or affect any other kind of construction or improvements
upon the above-described property, other than the aforementioned sidewalk.
It is understood that upon completion of sidewalk construction, all lands disturbed
thereby as a result of such construction performed thereon, will be restored to its original or like
condition without expense to the property owner and that once the sidewalk has been constructed
""
to the required standards the party of the second part shall repair and maintain the sidewalk in
conformance with its practices of maintaining public sidewalks throughout the City.
Party of the first part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever claimed by, through or under it, that it
has good right and lawful authority to grant the above-described easement and that the same is
unencumbered except as provided above. Where the context of this Easement Deed allows or
permits, the same shall include the successors or assigns of the parties.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the
day and year first above written.
WITNESS #1: PARTY OF THE FIRST PART
By: ~~P.Rß~
,
(name printed or typed)
WITNESS #2:
(name printed or typed)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me thisLí day of
,200_ by (name of officer or agent), of
(name of corporation), a (State or place of
incorporation) corporation, on behalf of the corporation. He/She is personally known to me or
has produced (type of identification) as identification and did/did
not take an oath.
Signature of Notary Public -
State of
(SEAL)
2
..
~
SCALE: 1· = 20'
0.7' 5"
0 1 STORY BUILDING CURB
0 (FUNERAL HOME) {¡ 7.)
Z
2 STORY BUILDING 0 .¡>
(#26) ~ COVERED CONC. ASPHAL T
:Þ ------- DRIVE 4(:)
r
^
7.) 8" 2" 8" ~~
~7~ ~
- - - - ---
)0 25+00
- - I - - I - - I -
SW 5th A VEN U E
..
L{)
CONC. WALK
- -
CONCRETE
'VE & PARKING DRIVE 8"
1 STORY
BUILDING ~
(#25) 7.)
'<9
0.7' CURB CONCREl
A PORTION F BLOCK 29
TOWN 0 DELRA Y
(P.B. 1, PG. 3, P.B.C.R.) CHECKERS
A TLANTIC-DELRA Y PLAT
(P.B. 71, PG. 192, P.B.C.R.)
LOT 42 LOT 43 LOT 44
ÄlK
" CITY of DELRA Y BEACH PROPOSED ~DEWALK EASEMENT 11/16/04
2 ENVIRONMENTAL SERVICES DEPARTMENT 25 SW 5TH AVE 03-037
434 SOUTH 8WINT'ON AVENIE, DELRAY BEACH, FL..OFÐA 33444 Project # 2003-037 1 of 1
Iw 1?1
Prepared by: RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
EASEMENT DEED
THIS INDENTURE, made this _ day of , 200_, by and between
DELRAY MASONIC LODGE #275, with a mailing address of 85 N.W. 5th Avenue, Delray
Beach, FL 33444-2650 party of the first part, and the CITY OF DELRAY BEACH, with a
mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation
in Palm Beach County, State of Florida, party of the second part:
WITNESSETH: That the party of the first part, for and in consideration of the mutual promises
herein contained and other good and valuable considerations, does hereby grant, bargain, sell and
release unto the party of the second part, its successors and assigns, a right of way and perpetual
easement for the purpose of the construction and maintenance of a public sidewalk with full and
free right, liberty, and authority to enter upon and to install, operate, and maintain such sidewalk
across, through and upon or within the following described property located in Palm Beach
County, Florida, to-wit:
DESCRIPTION
West 5' of Lot 1, Block 28 & 7.5' by 7.5' square at NW comer of
Lot 1
Concomitant and coextensive with this right is the further right in the party of the second party,
its successors and assigns, of ingress and egress over and on that portion of land described above,
to effect the purposes ofthe easement, as expressed hereinafter.
That this easement shall be subject only to those easements, restrictions, conditions and
reservations of record. That the party of the first part agrees to provide for the release or
subordination of any and all mortgages or liens encumbering this easement. The party ofthe first
part also agrees to erect no building or affect any other kind of construction or improvements
upon the above-described property, other than the aforementioned sidewalk.
It is understood that upon completion of sidewalk construction, all lands disturbed
thereby as a result of such construction perfonned thereon, will be restored to its original or like
..
condition without expense to the property owner and that once the sidewalk has been constructed
to the required standards the party of the second part shall repair and maintain the sidewalk in
conformance with its practices of maintaining public sidewalks throughout the City.
Party of the first part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever claimed by, through or under it, that it
has good right and lawful authority to grant the above-described easement and that the same is
unencumbered except as provided above. Where the context of this Easement Deed allows or
permits, the same shall include the successors or assigns ofthe parties.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the
day and year first above written.
WITNESS #1: PART~OFTHEF~T
~~S~
(name printed or typed)
WITNESS #2:
(name printed or typed)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
-
, 200_ by (name of officer or agent), of
(name of corporation), a (State or place of
incorporation) corporation, on behalf of the corporation. He/She is personally known to me or
has produced (type of identification) as identification and did/did
not take an oath.
Signature of Notary Public -
State of
(SEAL)
2
I
.. I I
~ I
SCALE: 1· - 20· I 1- I
I'. 25' 25' ~ 'I
CING 2 STORY 2 STORY I
BUILDING 4" I :E
BUILDING * » I
(#82) (#98) r
^ I
(") (")
0 0
z z CONC (J)
0 0
- - - - -1
»
I
0'2" 08" -0 0'0" .......
0
10"0 10 ? 010" +
0
0
-00 33+00
- - - 1- - -I - - -+
NW 5th A VEN U E CONC.
..
,,,", rl=>
-0-
012" CONC.
f-
I I
ASPHAL T DRIVE ~t t
4' CoL.F. & PARKING
I I
25'
-f--I
(f)
~
S I I
LOT 1, BLOCK 28 I Z t ~ I
TOWN OF DELRA Y
(PoB. 1, PG. 3, PoB.C.R.)
I I
I
ASPHALT I
~ CITY of DELRA Y BEACH PROPOSED ~DEWALK EASEMENT 11/16/04
I ENVIRONMENTAL SERVICES DEPARTMENT 85 NW 5TH A VENUE 03-037
434 8Ot1TH 8WIIITON AVEN.e, DELRAY BEACH, R...OADA 33444 Project # 2003-037 1 of 1
·
r ""
¡,y
Prepared by: RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
EASEMENT DEED
THIS INDENTURE, made this _ day of , 200_, by and between S&R
BEAUTY SUPPLIES & SALON, INC., with a mailing address of 103 N.W. 5th Avenue,
Delray Beach, FL 33444-2652 party of the first part, and the CITY OF DELRAY BEACH,
with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal
corporation in Palm Beach County, State of Florida, party ofthe second part:
WITNESSETH: That the party ofthe first part, for and in consideration of the mutual promises
herein contained and other good and valuable considerations, does hereby grant, bargain, sell and
release unto the party of the second part, its successors and assigns, a right of way and perpetual
easement for the purpose of the construction and maintenance of a public sidewalk with full and
free right, liberty, and authority to enter upon and to install, operate, and maintain such sidewalk
across, through and upon or within the following described property located in Palm Beach
County, Florida, to-wit:
DESCRIPTION
West 5' of Let 8, Block 27 Plus 7' by 7.3' rectangle on SW comer
of Lot 8
Concomitant and coextensive with this right is the further right in the party of the second party,
its successors and assigns, of ingress and egress over and on that portion of land described above,
to effect the purposes ofthe easement, as expressed hereinafter.
That this easement shall be subject only to those easements, restrictions, conditions and
reservations of record. That the party of the first part agrees to provide for the release or
subordination of any and all mortgages or liens encumbering this easement. The party ofthe first
part also agrees to erect no building or affect any other kind of construction or improvements
upon the above-described property, other than the aforementioned sidewalk.
It is understood that upon completion of sidewalk construction, all lands disturbed
thereby as a result of such construction performed thereon, will be restored to its original or like
I I
.
t I ~
25' 25'
~ 'I SCALE: 1· - 20·
,
I :E I 1 STORY BUILDING
» ASPHAL T
r (#102, #104, #110)
^ I
PAVER BRICK WALK
W/PLANTERS AROUND TREES
CONC. (PLANTERS NOT SHOWN)
tf)
-i
»
I CONC. e
-'
0 0'0.
+
0 ;~
0
34+ 00
- - I - - I - - I -
NW 5th A VENUE
CONC.
R/W LINE PER PLAT
,.f)
CONC.
CONC. 1 STORY
aJ¡;: 1 STORY BUILDING BUILDING
Or-
0,., (#103) (#105 )
I -1-0
II
0::: t2' ~
I- ;.9
..;>
(f)
I
25' 25'
(J)
~
3:
z I I
t ~ I LOT 8 REPLAT OF PART OF
BLOCK 27, TOWN OF LINTON
(P.B. 21, G. 43, P.B.C.R.)
I I
i PROPOSED SIDEWALK
EASEMENT
" CITY of DELRA Y BEACH PROPOSED SIDEWALK EASEMENT 11/16/04
I ENVIRONMENTAL SERVICES DEPARTMENT 103 NW 5TH AVENUE 03-037
434 ØOUT1-t 8WNTON AVENlE, CB.lIAY BEACH. FLOfÐA 33444 Project # 2003-037 1 of 1
.
"-
condition without expense to the property owner and that once the sidewalk has been constructed
to the required standards the party of the second part shall repair and maintain the sidewalk in
conformance with its practices of maintaining public sidewalks throughout the City.
Party of the first part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever claimed by, through or under it, that it
has good right and lawful authority to grant the above-described easement and that the same is
unencumbered except as provided above. Where the context of this Easement Deed allows or
permits, the same shall include the successors or assigns ofthe parties.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the
day and year first above written. ,.//
, ,"
~, ~... /
WITNESS #1: P . y,o{ TH1(~IRS+
-"
\
dtL~
(name printed or typed) /
WITNESS #2:
(name printed or typed)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
-
, 200_ by (name of officer or agent), of
(name of corporation), a (State or place of
incorporation) corporation, on behalf of the corporation. He/She is personally known to me or
has produced (type of identification) as identification and did/did
not take an oath.
Signature of Notary Public -
State of
(SEAL)
2
þ S
Prepared by: RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
EASEMENT DEED
THIS INDENTURE, made this _ day of , 200_, by and between
JAMES THOMAS, JR. TRUST and FRANKIE THOMAS TRUST, with a mailing address
of 10841 Anderson Lane, Lake Worth, FL 33467, party of the first part, and the CITY OF
DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida
33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part:
WITNESSETH: That the party of the first part, for and in consideration of the mutual promises
herein contained and other good and valuable considerations, does hereby grant, bargain, sell and
release unto the party of the second part, its successors and assigns, a right of way and perpetual
easement for the purpose of the construction and maintenance of a public sidewalk with full and
rree right, liberty, and authority to enter upon and to install, operate, and maintain such sidewalk
across, through and upon or within the following described property located in Palm Beach
County, Florida, to-wit:
DESCRIPTION
West 5' of South 30.5' of Lot 5 & West 5' of North 19.5' of Lot 6
Block 29 and Resubdivision of Block 29
Concomitant and coextensive with this right is the further right in the party of the second party,
its successors and assigns, of ingress and egress over and on that portion of land described above,
to effect the purposes ofthe easement, as expressed hereinafter.
That this easement shall be subject only to those easements, restrictions, conditions and
reservations of record. That the party of the first part agrees to provide for the release or
subordination of any and all mortgages or liens encumbering this easement. The party of the first
part also agrees to erect no building or affect any other kind of construction or improvements
upon the above-described property, other than the aforementioned sidewalk.
It is understood that upon completion of sidewalk construction, all lands disturbed
thereby as a result of such construction perfonned thereon, will be restored to its original or like
..
condition without expense to the property owner and that once the sidewalk has been constructed
to the required standards the party of the second part shall repair and maintain the sidewalk in
conformance with its practices of maintaining public sidewalks throughout the City.
Party of the fIrst part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever claimed by, through or under it, that it
has good right and lawful authority to grant the above-described easement and that the same is
unencumbered except as provided above. Where the context of this Easement Deed allows or
permits, the same shall include the successors or assigns of the parties.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the
day and year fIrst above written.
WITNESS #1:
(name printed or typed)
WITNESS #2:
(name printed or typed)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
-
,200_ by (name of offIcer or agent), of
(name of corporation), a (State or place of
incorporation) corporation, on behalf of the corporation. He/She is personally known to me or
has produced (type of identifIcation) as identifIcation and did/did
not take an oath.
Signature of Notary Public -
State of
(SEAL)
STATE OF
COUNTY OF
2
--------- -----
..
The foregoing instrument was acknowledged before me this day of
-
,200_ by (name of officer or agent), of
(name of corporation), a (State or place of
incorporation) corporation, on behalf of the corporation. He/She is personally known to me or
has produced (type of identification) as identification and did/did
not take an oath.
Signature of Notary Public -
State of
(SEAL)
3
----
.
,
...
~
SCALE: 1- = 20'
(')
0
z
0
07' :E (') 1 STORY BUILDING
ø » 0 (FUNERAL HOME)
CURB 12" r Z
)'.> ^ 2 STORY BUILDING (')
8" h"V
(~I, (#26) :E COVERED CONC.
ASPHALT 0- »
, I ' r
4" DRIVE ^ ~~
=cD) 8" ....> 8" 2" 8"
)'.> ~)'~ ~
::J '" "~ .~ + .~ +- +- .?- ~ ..... ~
.
24+00
I I I
SW 5th A VEN U E
..
L()
» CONC.
UJ
8" ~*
.)0 :E 18")''> ASPHAL T DRIVE & PARKING 1 STC
»
r BUILD
^ (#2~
A.LK
_DING 1 STORY
BUILDING
.3) (#37)
A PORTION OF BLOCK 29
- 40 LOT 41 TOWN OF DELRA Y LOT 42 LOT 43 LOl
(P.B. 1, PG. 3, P.B.C.R.)
V / /~ PROPOSE
EASEMENT
~ CITY of DELRA Y BEACH PROPOSED ~DEWALK EASEMENT 11/16/04
: ENVIRONMENTAL SERVICES DEPARTMENT SW 5TH AVE 0.3-0.37
~ 04 80VTH 8WNT'ON AVBU:, DB..RAY BEACH. R...OADA 33444 Project # 2003-037 1 of 1
.. ,/
I ')
,
Prepared by: RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Flonda 33444
~
EASEMENTDEE~y'V~ .
THIS INDENTURE, made this _ day of / , 200_, by and between
THOMAS KEMP, JR., with a mailing address oL46 ~.'~treet, Delray Beach, FL
33444, party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of
100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach
County, State of Florida, party of the second part:
WITNESSETH: That the party of the first part, for and in consideration of the mutual promises
herein contained and other good and valuable considerations, does hereby grant, bargain, sell and
release unto the party of the second part, its successors and assigns, a right of way and perpetual
easement for the purpose of the construction and maintenance of a public sidewalk with full and
free right, liberty, and authority to enter upon and to install, operate, and maintain such sidewalk
across, through and upon or within the following described property located in Palm Beach
County, Florida, to-wit:
DESCRIPTION
West 5' of Let 7, Block 27
Concomitant and coextensive with this right is the further right in the party of the second party,
its successors and assigns, of ingress and egress ovet and on that portion of land described above,
to effect the purposes of the easement, as expressed hereinafter.
That this easement shall be subject only to those easements, restrictions, conditions and
reservations of record. That the party of the first part agrees to provide for the release or
subordination of any and all mortgages or liens encumbering this easement. The party of the first
part also agrees to erect no building or affect any other kind of construction or improvements
upon the above-described property, other than the aforementioned sidewalk.
It is understood that upon completion of sidewalk construction, all lands disturbed
thereby as a result of such construction performed thereon, will be restored to its original or like
condition without expense to the property owner and that once the sidewalk has been constructed
,
Ii>'
to the required standards the party of the second part shall repair and maintain the sidewalk in
confonnance with its practices of maintaining public sidewalks throughout the City.
Party of the first part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever claimed by, through or under it, that it
has good right and lawful authority to grant the above-described easement and that the same is
unencumbered except as provided above. Where the context of this Easement Deed allows or
permits, the same shall include the successors or assigns of the parties.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the
day and year first above written.
PARTY OF THE FIRST PART
By: ~ t{4/ I~Þ-
."
I ~
(name printed or typed)
WITNESS #2:
(name printed or typed)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
-
,200_ by (name of officer or agent), of
(name of corporation), a (State or place of
incorporation) corporation, on behalf of the corporation. He/She is personally known to me or
has produced (type of identification) as identification and did/did
not take an oath.
Signature of Notary Public -
State of
(SEAL)
2
,
'"
~
SCALE: 1- - 20·
"=>"'015"
1 STORY BUILDING ASPHALT DRIVE & PARKI~
(#102, #104, #110) PAVER BRICK WALK
W/PLANTERS AROUND TREES
(PLANTERS NOT SHOWN) o 7' CURB--.....
- -
CONC. CONC
_0" 0
810· ,,, N
7.9 0.
34+00 35+00
- - I - - N W 15th - + --
A VENUE W /PLM
R/W LINE PER PLAT N (PI
.. 0.
- -- - - 8"
,", - - ø 12"
-0-
f" ~ SIGN
:¡ 1 STORY
BUILDING ASPHALT DRIVE & PARKING ASPHf
(#105)
REPLAT OF PART OF
BLOCK 27, TOWN OF LINTON
(P.B. 21, PG. 43, P.B.C.R.)
LOT 8 LOT 7
PROPOSED SIDEWALK
EASEMENT I
~ CI1Y of DELRA Y BEACH PROPOSED SIDEWALK EASEMENT 11/16/04
I ENVIRONMENTAL SERVICES DEPARTMENT 105 NW 5TH AVENUE 03-037
11! 434 SOUTH 8WNTON AVENUE, DELFlAY BEACH, F\.ORIDA 33444 Project # 2003-037 1 of 1
t ...
Prepared by: RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Dekay Beach, Florida 33444
EASEMENT DEED
TillS INDENTURE, made this _ day of , 200_, by and between
DELRA Y BEACH COMMUNITY REDEVELOPMENT AGENCY, with a mailing address
of 20 N. Swinton Avenue, Delray Beach, FL 33444 party of the first part, and the CITY OF
DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida
33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part:
WITNESSETH: That the party of the first part, for and in consideration of the mutual promises
herein contained and other good and valuable considerations, does hereby grant, bargain, sell and
release unto the party of the second part, its successors and assigns, a right of way and perpetual
easement for the purpose of the construction and maintenance of a public sidewalk with full and
free right, liberty, and authority to enter upon and to install, operate, and maintain such sidewalk
across, through and upon or within the following described property located in Palm Beach
County, Florida, to-wit:
DESCRIPTION
West 5' of replat of plat of block 27, Lot 3, Public Records, Palm
Beach County
Concomitant and coextensive with this right is the further right in the party of the second party,
its successors and assigns, of ingress and egress over and on that portion of land described above,
to effect the purposes of the easement, as expressed hereinafter.
That this easement shall be subject only to those easements, restrictions, conditions and
reservations of record. That the party of the first part agrees to provide for the release or
subordination of any and all mortgages or liens encumbering this easement. The party of the first
part also agrees to erect no building or affect any other kind of construction or improvements
upon the above-described property, other than the aforementioned sidewalk.
It is understood that upon completion of sidewalk construction, all lands disturbed
thereby as a result of such construction performed thereon, will be restored to its original or like
f to.'
condition without expense to the property owner and that once the sidewalk has been constructed
to the required standards the party of the second part shall repair and maintain the sidewalk in
conformance with its practices of maintaining public sidewalks throughout the City.
Party of the first part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever claimed by, through or under it, that it
has good right and lawful authority to grant the above-described easement and that the same is
unencumbered except as provided above. Where the context of this Easement Deed allows or
permits, the same shall include the successors or assigns of the parties.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the
day and year first above written.
WITNESS #1:
(name printed or typed)
WITNESS #2:
(name printed or typed)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
-
, 200_ by (name of officer or agent), of
(name of corporation), a (State or place of
incorporation) corporation, on behalf of the corporation. He/She is personally known to me or
has produced (type of identification) as identification and did/did
not take an oath.
Signature of Notary Public-
State of
(SEAL)
2
.
r
...
~
SCALE: 1· - 20·
LOT 3
1 STORY LOT 2
BUILDING
(#182)
4' WOOD ----I 4' C.L
FENCE x x-x-x-
COVERED I
I
0 I
CONC. I
4' ColF. I
x-x-x-x --U
0
ASPHAL T DRIVE I
PARKING 0
I CONC. DRIVE
PAVER BR
0.7' W /PLANTERS AROU~
CURB 5" I (PLANTERS NOl
- 5"
- - * - - --
'.' 12" 12"* *9" 012-
ø
111111
38+00 39+00
- - I - - I - - I -
NW 5th AVENUE
..
L(')
- - - - - - - --
CJ12" . 2" PAVER BRI
W /PLANTERS AROUt\
(PLANTERS NOT
ASPHAL T DRIVE
PARKING
2 STORY BUILDING
(APARTMENTS)
(#135)
REPLAT OF PART OF
BLOCK 27, TOWN OF LINTON
W.B. 21, PG. 43, P.B.C.RJ
LOT 4 LOT 3 LOT 2
V//~
ø CITY of DELRA Y BEACH PROPOSED SIDEWALK EASEMENT 11/16/04
I ENVIRONMENTAL SERVICES DEPARTMENT 135 NW 5TH AVENUE 03-037
434 SOUTH SWINTON AVENUE, DELRAY BEACH. R..ORDA 33444 Project # 2003-037 1 of 1
~
...
RIGHT OF ENTRY AND LICENSE AGREEMENT FOR REMOVAL OF ASPHALT
AND CONSTRUCTION OF LANDSCAPING, SIDEWALK AND PARKING SPACES
THIS AGREEMENT entered into this _ day of , 200_, by and between
the CITY OF DELRA Y BEACH, a Florida municipal corporation, (hereinafter referred to as
CITY), and , referred to as (OWNER), provides as follows:
WHEREAS, the CITY desires to remove certain impervious asphalt areas and
install/construct landscaping, sidewalks and parking areas in accordance with approved plans;
and,
WHEREAS, in order to complete said removal and construction/installation, it is
necessary for the CITY to enter upon and perform various construction tasks on the property
described in Exhibit "A" and Exhibit "B",
NOW, THEREFORE, in witness of the above and in consideration of the CITY agreeing
to conduct the aforesaid construction, OWNER hereby grants unto the CITY, their employees,
agents, contractors, sub-contractors, and/or assigns the license and right to enter upon said land
of OWNER for the purpose of constructing/installing said improvements in accordance with the
project.
1. The above-stated recitals are incorporated herein as if fully set forth herein.
2. It is further agreed that the license and rights granted herein shall cease upon
completion and finalization of the contract which said work is performed. The work includes the
removal of asphalt areas as shown on Exhibit "A" and the construction/installation of
landscaping and sidewalks in this same area. The work also includes the construction/installation
of 9 parking spaces and I dumpster pad, in accordance with the approved plan, in the area shown
on Exhibit "B".
3. This Agreement constitutes the entire agreement and understanding of the parties,
and supersedes all offers, negotiations, and other agreements. 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. Venue shall be in Palm Beach County, Florida.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the
day and year first above written.
WITNESSES:
·
'"
(Name Printed or Typed) ~~t¿-/~ffr~
(Name Printed or Typed)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this _ day of ,
, by (name of person acknowledging), who is
personally known to me or who has produced as identification and
who did (did not) take an oath.
Signature of Notary Public - State
of Florida
ATTEST: CITY OF DELRA Y BEACH, FLORIDA
By: By:
City Clerk Jeff Perlman, Mayor
Approved as to Form:
By:
City Attorney
2
~ ~ 8" <'~" '/~
<lw
39+00
I - - 1- - + -
NW 5th AVENUE
- - - - - - - - I
I
... I I
r0
r0 REPLA T OF PART OF I I
BLOCK 27, TOWN OF LINTON
(P.B. 21, PG. 43, P.B.C.RJ
25' 25'
LOT 2 LOT 1 I l- I
I tH t ~
a: ¿,
I- 0
I U) I
I -c
C
C\I
I ~I
I Zj
l ASPHALT J --~
- - - - - - - I
-----. .
ALLEY
I - - --~-- - -
flì
:11 ASP HAL T , ".: eQ_¡ ~ I
ðc;Pl-lð' T I
ø CITY of DELRA Y BEACH PROPOSED CONSTRUCTION EASEMENT 06/30/05
I ENVIRONMENTAL SERVICES DEPARTMENT 143 NW 5TH AVENUE 2003-037
434 SOUTH SWINTON AVENUE, DB.AAY BEACH, FI...ORDA 33444 Exhibit "A" 1 of 1
~ t...J 8" <"cß." '/~
.6v
39+00
I - - I - - + -
NW 5th AVENUE
SCA E: 1· - 20·
- - - - - I - - - 13 12" I
I r
PAVER BRICK WALK 12"8
W ¡PLANTERS AROUND TREES
(PLANTERS NOT SHOWN) I
I I
ASPHAL T DRIVE
PARKING I
I
REPLA T OF PART OF I I
BLOCK 27, TOWN OF LINTON
(P.8. 21, PG. 43, P.B.C.R.)
25' 25'
LOT 2 LOT 1 I ~
I
I IH t ~
a: 6
~ 0
I UJ I
.. I -c
00
N C
C\I
~ I
Z1
- I
ALLEY
I - - --~-- - -
fr1
:11 ASPHAL T I ,<'0../ 1 I
~c;PH~1 T I
~ CITY of DELRA Y BEACH PROPOSED CONSTRUCTION EASEMENT 06/30/05
. . I ENVIRONMENTAL SERVICES DEPARTMENT 143 NW 5TH AVENUE 2003-037
434 SOUTH SWINTON AVENUE, DB..RAY BEACH, R..ORDA 33444 Exhibit "B" 1 of 1
...
2-2,
.----'
Prepared by: RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
EASEMENT DEED
THIS INDENTURE, made this _ day of , 200_, by and between
ANJAD HAMMAD, with a mailing address of 981 N.W. 27th Avenue, Fort Lauderdale, FL
33311-6769, party of the first part, and the CITY OF DELRAY BEACH, with a mailing
address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm
Beach County, State of Florida, party of the second part:
WITNESSETH: That the party of the first part, for and in consideration of the mutual promises
herein contained and other good and valuable considerations, does hereby grant, bargain, sell and
release unto the party of the second part, its successors and assigns, a right of way and perpetual
easement for the purpose of the construction and maintenance of a public sidewalk with full and
free right, liberty, and authority to enter upon and to install, operate, and maintain such sidewalk
across, through and upon or within the following described property located in Palm Beach
County, Florida, to-wit:
DESCRIPTION
West 5' ofreplat of plat of block 27, Lot 1 & North 7' of Lot 2
Concomitant and coextensive with this right is the further right in the party of the second party,
its successors and assigns, of ingress and egress over and on that portion of land described above,
to effect the purposes ofthe easement, as expressed hereinafter.
That this easement shall be subject only to those easements, restrictions, conditions and
reservations of record. That the party of the first part agrees to provide for the release or
subordination of any and all mortgages or liens encumbering this easement. The party of the first
part also agrees to erect no building or affect any other kind of construction or improvements
upon the above-described property, other than the aforementioned sidewalk.
It is understood that upon completion of sidewalk construction, all lands disturbed
thereby as a result of such construction perfonned thereon, will be restored to its original or like
condition without expense to the property owner and that once the sidewalk has been constructed
þ 2-2-
Prepared by: RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
EASEMENT DEED
THIS INDENTURE, made this ~ day of ~ À. -e , 2005 by and between
ANJAD HAMMAD, with a mailing address of 981 N. . 27th Avenue, Fort Lauderdale, FL
33311-6769, party of the first part, and the CITY OF DELRAY BEACH, with a mailing
address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm
Beach County, State of Florida, party of the second part:
WITNESSETH: That the party of the first part, for and in consideration of the mutual promises
herein contained and other good and valuable considerations, does hereby grant, bargain, sell and
release unto the party of the second part, its successors and assigns, a right of way and perpetual
easement for the purpose of the construction and maintenance of a public sidewalk with full and
free right, liberty, and authority to enter upon and to install, operate, and maintain such sidewalk
across, through and upon or within the following described property located in Palm Beach
County, Florida, to-wit:
DESCRIPTION
West 5' ofreplat of plat of block 27, Lot 2, less North 7'
Concomitant and coextensive with this right is the further right in the party of the second party,
its successors and assigns, of ingress and egress over and on that portion of land described above,
to effect the purposes of the easement, as expressed hereinafter.
That this easement shall be subject only to those easements, restrictions, conditions and
reservations of record. That the party of the first part agrees to provide for the release or
subordination of any and all mortgages or liens encumbering this easement. The party of the first
part also agrees to erect no building or affect any other kind of construction or improvements
upon the above-described property, other than the aforementioned sidewalk.
It is understood that upon completion of sidewalk construction, all lands disturbed
thereby as a result of such construction performed thereon, will be restored to its original or like
condition without expense to the property owner and that once the sidewalk has been constructed
I LV I I ~ ~ ~ I I I
o ~
~ SCALE: 1· - 20·
LOT 2 25' 25'
jTORY
LDING I
~82) I
I X X-X--~'''X~'~~X-X--r t
ŒD : x (")
~ I I 0
~ x 4' WIRE ~ 0 .
~ FENCE I :E Z
þ 0
r-
ONC. DRIVE I ^ I ~
:J ~
PAVER BRICK WALK \
W/PLANTERS AROUND TREES LOT 1 ~
I(PLANTERS NOT SHOWN)
S"
f -- --- - --- I-
W
9" 0'2" 08" r:(J 0 I W
't¿f 8" .#n" ('\/
~ L.L..
39+00 I-
-- 1-- - + - (/)
NW 5th AVENUE
.. -0
~ c
N
--- --- I
- ~
PAVER BRICK WALK .
W/PLANTERS AROUND TREES 128 Z
(PLANTERS NOT SHOWN) I ª
(")
I
ASPHALT DRIVE I ~
PARKING t ~
I
REPLA T OF PART OF I I
BLOCK 27, TOWN OF LINTON I
(P.B. 21, PG. 43, P.B.C.R.)
25' 25'
LOT 2 LOT 1 I I I
PROPOSED SI I I
EASEMENT t~
"CITY of DELRA Y BEACH PROPOSED SIDEWALK EASEMENT 11/16/04
ENVIRONMENTAL SERVICES DEPARTMENT 143 NW 5TH AVENUE 03-037
434 8OUl1HIWNT'ON AVENIE, DEl...AAV BEACH, R...OFÐA 33444 Pro ject # 2003- 037 1 of 1
<-
to the required standards the party of the second part shall repair and maintain the sidewalk in
conformance with its practices of maintaining public sidewalks throughout the City.
Party of the first part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever claimed by, through or under it, that it
has good right and lawful authority to grant the above-described easement and that the same is
unencumbered except as provided above. Where the context of this Easement Deed allows or
permits, the same shall include the successors or assigns of the parties.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the
day and year first above written.
WITNESS #1:
By:
(name printed or typed)
WITNESS #2:
(name printed or typed)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
-
,200_ by (name of officer or agent), of
(name of corporation), a (State or place of
incorporation) corporation, on behalf of the corporation. He/She is personally known to me or
has produced (type of identification) as identification and did/did
not take an oath.
Signature of Notary Public -
State of
(SEAL)
2
;..
to the required standards the party of the second part shall repair and maintain the sidewalk in
confonnance with its practices of maintaining public sidewalks throughout the City.
Party of the first part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever claimed by, through or under it, that it
has good right and lawful authority to grant the above-described easement and that the same is
unencumbered except as provided above. Where the context of this Easement Deed allows or
pennits, the same shall include the successors or assigns of the parties.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the
day and year first above written.
WITNESS #1: PARTYOFTIIEF7T/
By: 1-- ./
/ -'
(name printed or typed)
WITNESS #2:
(name printed or typed)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
-
,200_ by (name of officer or agent), of
(name of corporation), a (State or place of
incorporation) corporation, on behalf of the corporation. He/She is personally known to me or
has produced (type of identification) as identification and did/did
not take an oath.
Signature of Notary Public -
State of
(SEAL)
2
---
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SCALE: 1· - 20·
LOT 3 LOT 2
1 STORY
BUILDING I
( #182)
) 4' C L F. x
.__1 , x X-X-X-X-X-X~
. "1 COVERED : x
4' C.L.F. _ CONC. : I
x-x-x-x ~ x 4' WIRE
L----J FENCE
CONC. DRIVE
PAVER BRICK WALK LOT 1
W/PLANTERS AROUND TREES
5" I(PLANTERS NOT SHOWN)
5"
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12"~ ~9" 012" 08"? 0 " 10"
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..
/2"
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A12" PAVER BRICK WALKT
V" W/PLANTERS AROUND TREES /
8" ~~ (PLANTERS NOT SHOWN)
ASPHALT DRIVE
PARKING
2 STORY BUILDING
(APARTMENTS)
(#139)
REPLAT OF PART OF
BLOCK 27, TOWN OF LINTON
(P.B. 21, PG. 43, P.B.C.R.)
LOT 3 LOT 2 LOT 1
V//~
"CITY of DELRA Y BEACH PROPOSED SIDEWALK EASEMENT 11/16/04
: ENVIRONMENTAL SERVICES DEPARTMENT 139 NW 5TH AVENUE 03-037
434 SOUTH 8W1NTON Aveu:, DB..RAY BEACH. R..OFÐA 33444 Pro ject # 2003- 037 1 of 1
---
Ii.
Prepared by: RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. lst Avenue
Delray Beach, Florida 33444
RIGHT-OF-WAY DEED
THIS INDENTURE made this day of , 200_, between
-
, with a mailing address of
, as party of the first part and CITY OF DELRAY
BEACH, FLORIDA, a Florida municipal corporation with a mailing address of 100 N.W. 1st
Avenue, Delray Beach, Florida 33444, as party of the second part.
WITNESSETH:
That said party of the first part, for and in consideration of the mutual promises herein
contained and other good and valuable consideration, does hereby grant, remise, release, quit
claim and convey unto the party of the second part, its successors and assigns, all right, title,
interest, claim and demand which the party of the first part has in and to the following-described
land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit:
See Exhibit "A" attached hereto.
This Deed is made for the purpose of giving and granting to the party of the second part,
its successors and assigns, a right-of-way and easement in and to said lands for public highway,
street, sidewalk and public utility purposes; and is made, executed and delivered with the express
understanding and condition that should the same ever be discontinued or abandoned as a public
highway or street, the title to same shall thereupon revert to and revest in the party of the first
part or assigns.
That this right-of-way shall be subject only to those easements, restrictions, and
reservation of record. The party of the first part agrees to provide for the release of any and all
mortgages or liens encumbering this right-of-way. The party of the first part also agrees to erect
no building or effect any other kind of construction or improvements upon the above-described
property.
Party of the first part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever claimed by, through or under it, that it
has good right and lawful authority to grant the above-described right-of-way and that the same is
...
unencumbered. Where the context of this Right-of-Way Deed allows or permits, the same shall
include the successors or assigns of the parties.
TO HA VE AND TO HOLD THE SAME, together with all and singular the
appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right,
title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the
only proper use, benefit, and behalf of the said party of the second part, its successors and
assigns.
IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal
the date first above written.
WITNESSES:
By:
(Name printed or typed)
(Address)
(Name printed or typed)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
, 200_, by , as
(name of officer or agent, title of officer or agent), of
(name of corporation acknowledging), a (state or place of incorporation)
corporation, on behalf of the corporation. He/She is personally known to me or has produced
(type of identification) as identification.
Signature of Person Taking Acknowledgment
Name Typed, Printed or Stamped
2
-- ---- ---
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NW 5th AVENUE 1· - 20·
- - - - - I - - - -e 12" I
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PAVER BRICK WALK 12"8
W /PLANTERS AROUND TREES
<PLANTERS NOT SHOWN) I
I I
ASPHAL T DRIVE
PARKING I
I
REPLA T OF PART OF I I
BLOCK 27, TOWN OF LINTON
(P.B. 21, PG. 43, P.B.C.R')
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ASPHALT 15": '6>
~ CITY of DELRA Y BEACH PROPOSED RIGHT -OF -W A Y DEDICATION 06/30/05
. I ENVIRONMENTAL SERVICES DEPARTMENT 143 NW 5TH AVENUE 2003-037
Wi 434 8OU1H SWINTON AVBfJE. DB..RAY BEACH, R..OFIDA 33444 Exhibit "A" 1 of 1
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1m ~ CITY of DELRA Y BEACH NW /SW 5TH AVE FROM DATE'7/15/05
. I ENVIRONMENTAL SERVICES DEPARTMENT SW 1 ST ST. TO NW 2ND ST.
434 SOUTH SWINTON AVENlE. DELRAY BEACH, R...OADA 33444 2003-037 1 of 1
Date: 15 Julv 205 AGENDA ITEM NUMBER: ~ ~
0
AGENDA REQUEST
Request to be placed on:
-X- Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When: 19 July 2005
Description of Agenda Item (who, what, where, how much):
Request for Commission authorization/approval for Mayor to execute right-of-way,
easement and construction documents with property owners along SW/NW 5th Ave.
These documents include rights-of-way along the alley, construction easement to
construct parking lots off of the alley and construction of sidewalks along SW/NW 5th
Ave. There is no cost to the City for executing these agreements.
Staff Recommendation: Aßoval
Department Head Signature: ?u4./ ~~
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: f!!J No Initials: M
Hold Until:
Agenda Coordinator Review:
Received:
S:\EngAdmin \Pro]ects\2003\2003-037\Official\2005-07 -19 agenda agmts.doc
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~/t
SUBJECT: AGENDA ITEM # ~D - REGULAR MEETING OF JULY 19, 2005
DONATION OF BRONZE STATUE
DATE: JULY 15, 2005
This is before Commission to authorize acceptance of a gift of a bronze replica of a boy on a
skateboard valued at $2,500.00 for the Skate Park.
Calvin Paris of 601 N.W. 12th Street would like to donate a bronze statue for the Teen Center/Skate
Park. The statue would make a nice addition to the Skate Park. The estimated cost of installation is
approximately $640.00.
Recommend approval of acceptance of a gift of a bronze statue for the Teen Center.
S:\Clty C)erk\CM Memos\CM Donation of Bronze Starue 071905
-
.
[IT' DF DELRA' BEA[H
DELRAY BEACH
, lOR I " ...
tdb:II 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 561/243-7000
AII·America City
, III J!
1993 MEMORANDUM
2001
TO: David Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Donation of Bronze Statue
DATE: July 8, 2005
Calvin Paris of 601 N.W. 12th Street has contacted us about donating a
bronze replica of a boy on a skateboard to the Skate Park. The estimated
value is $2,500. It's a generous offer by Mr. Paris and would make a
nice addition to the Teen Center/Skate Park. Matt Carbone of the Teen
Center got an estimated cost of about $640 to install it which would be
our cost.
Please place this on the July 19, 2005 agenda, and I am requesting City
Commission accept the gift on behalf of the City.
~
Parks and Recreation
cc: Carolanne Kucmerowski, Agenda Coordinator
Matthew Carbone, Recreation Supervisor III
Ref:brnzstatu
* Printed on Recycled Paper THE EFFORT ALWAYS MATTERS
--- ---------
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Date: July 8, 2005 AGENDA ITEM NUMBER: ~
AGENDA REQUEST
Request to be placed on:
_Consent Agenda ~Regular Agenda _Workshop Agenda _Special Agenda
When: July 19, 2005
Description of Agenda Item (who, what, where, how much): Request City
Commission to accept gift of a bronze replica of a boy on a skateboard to be
installed at the Skate Park valued at $2,500.
Department Head U iL9-0
Signature:
City Attorney Revie ecommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes I No Initials:
Account Number
Description
Account Balance:
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agenda: -&1 No Initial.: 4
Hold Until:
Agenda Coordinator Review:
Received:
DELRAY BEACH oA
f l 0 . I D A. ú~1
Memorandum tI.ftd
j
AlI·Anøica City
Community Improvement ' III I!
Horticulturist
1993
2001
TO: DAVID T. HARDEN, CITY MANAGER
THROUGH: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT tV
FROM: NANCY DAVILA ~O
RE: GA TEW A Y P ARKS-JPA & MOA WITH FDOT
DATE: JUNE 30, 2005
ITEM BEFORE THE COMMISSION
The item before the Comnussion is the approval of both the Joint Participation Agreement (JP A) and the
Maintenance Memorandum of Agreement (MOA) prepared by the Florida Department of Transportation
(FDOT), which will enable the City to receive funding for the Gateway Parks, adjacent to Atlantic
Avenue, on the east side ofI-95.
BACKGROUND
Funding in the amount of $40 thousand is available from FDOT targeted for the Gateway Parks on Atlantic
A venue. Although the funding has been available for some time, the funding could not be secured until
landscape plans were available to show how the funds would be spent. The plans for the major gateway
feature were evolving and we did not want to make improvements that would be removed in a short period
of time.
The CRA was able to have their Consultanfs PBS & J, design a landscape plan to provide a landscape
buffer along the back of both the north and south sides of the park, which will remain, and be a backdrop
for the more expansive gateway plans, which should be completed within the next year.
The City is required to enter into a JP A with FDOT which documents their approval of the proposed plans,
Identifies the scope of work and establishes the dollar amount which will be reimbursed to the City upon
completion of the project. There IS no requirement for the City to provide matching funds, for this
particular agreement.
The City is also required to execute a MOA which states the City will be responsible for the maintenance of
the Improved areas.
RECOMMENDATION
Staffreconunends the City Commission give favorable consideration to the approval of both the JPA and
the MOA which will enable the City to receive $40 thousand for landscape improvements to the Gateway
Parks.
ÖE
-
RESOLUTION NO. 46-05
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y
BEACH, FLORIDA, APPROVING THE JOINT P ARTICIP A TION
AGREEMENT FOR THE IMPROVEMENTS AND FUNDING OF THE
GATEWAY PARKS LOCATED ADJACENT TO ATLANTIC AVENUE ON
THE EAST SIDE OF 1-95 AND AUTHORIZING THE EXECUTION OF THE
AGREEMENT.
WHEREAS, THE City of Delray Beach, Florida desires to approve the Joint Participation
Agreement for the improvements and funding of the gateway parks located adjacent to Atlantic
Avenue on the east side ofI-9s; and
WHEREAS, the City Commission authorizes the execution of the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. The City Commission of the City of Delray Beach authorizes the entry into
the Joint Participation Agreement between the City and the Florida Department of Transportation
and authorizes the execution thereof.
Section 2. That the recitals set forth above are incorporated as if fully set forth herein.
PASSED AND ADOPTED in regular session on this the _ day of ,2005.
MAYOR
ATTEST:
Acting City Clerk
FM No: 41346215801
FEID No: 592593203001
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
CONTRACT NUMBER ANQ81
THIS AGREEMENT entered into this day of 200_, by and between the State of
Florida Department of Transportation hereinafter called the DEPARTMENT, and the City of
Delray Beach, a municipal corporation of the State of Florida, located at 100 NW 1ST Avenue
Delray Beach, FL 33444, hereinafter called the P ARTICIP ANT.
WITNESSETH
WHEREAS, the DEPARTMENT and the P ARTICIP ANT are desirous of having the
P ARTICIP ANT make certain improvements III connection with State FM Number
41346215801 for landscape, hardscape and/or irrigation improvements at State Road 806 (West
Atlantic Avenue) Mini-Parks at 1-95, Delray Beach, Florida. Refer to Exhibit "A" of this
Agreement for a detailed Scope of Services; and,
WHEREAS, the improvements are in the interest of both the PARTICIPANT and the
DEPARTMENT and it would be more practical, expeditious, and economical for the
P ARTICIP ANT to perfonn such activities; and,
WHEREAS, the PARTICIPANT by Resolution No. adopted on
,200_, a copy of which is attached hereto and made a part
hereof, authorizes the proper officials to enter into this Agreement.
NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint
participation on the Project, the parties agree to the following:
1. The recitals set forth above are true and correct and are deemed incorporated herein.
2. The PARTICIPANT shall be responsible for assuring that the Project complies with all
applicable Federal, State and Local laws, rules, regulations, guidelines and standards.
3. The DEPARTMENT agrees to make all previous studies, maps, drawings, surveys and other
data and infonnation pertaining to the Project available to the P ARTICIP ANT at no extra
cost.
4. The PARTICIPANT shall have the sole responsibility for resolving claims and requests for
additional work for the Project. The P ARTICIP ANT will make best efforts to obtain the
DEPARTMENT input in its decisions.
5. The DEPARTMENT agrees to pay the P ARTICIP ANT for a portion of the services
described in Exhibit A of this Agreement. The PARTICIPANT has stated that the total cost
of the services will be Forty Thousand Dollars and no cents ($40,000.00). The total
DEPARTMENT contribution towards this Project is not to exceed Forty Thousand Dollars
and no cents ($40,000.00).
') "bnll l ¡¡nth"!;>,, \..Îranh-JP.\ I old...!, (J'H)'i ,(Ìranb_ 11'/, "RSUr, [)elr<l\ Bea~h·n ;-162 ì 5801 ;\\.f';l< idoL
,
6. In the event it becomes necessary for the DEPARTMENT to institute suit for the
enforcement of the provisions. of this Agreement, the P ARTICIP ANT shall pay the
DEPARTMENT'S reasonable attorney fees and court costs if the DEPARTMENT
prevails.
7. Should the DEPARTMENT and the P ARTICIP ANT decide to proceed with subsequent
phases of this Project, this Agreement may be amended to identify the respective
responsibilities and the financial arrangements between the parties.
8. This Agreement and any interest herein shall not be assigned, transferred or otherwise
encumbered by the P ARTICIP ANT under any circumstances without the prior written
consent of the DEPARTMENT. However, this Agreement shall run to the
DEPARTMENT and its successors.
9. Except as otherwise set forth herein, this Agreement shall continue in effect and be binding
to both the P ARTICIP ANT and the DEPARTMENT until the Project is accepted in writing
by the DEPARTMENT'S Project Manager as complete, or
May 15, 2007, whichever occurs first.
10. Payment shall be made only after receipt and approval of goods and services unless advance
payments are authorized by the State Comptroller under Section 215.422(14), Florida
Statutes, or by the DEPARTMENT'S Comptroller under Section 334.004(29), Florida
Statutes.
II. If this Agreement involves units of deliverables, then such units must be received and
accepted in writing by the Project Manager prior to payments. The Department will render a
decision on the acceptability of services within 10 working days of receipt of a progress
report. The Department reserves the right to withhold payments for work not completed, or
work completed unsatisfactorily, or work that is deemed inadequate or untimely by the
Department. Any payment withheld will be released and paid to the P ARTICIP ANT
promptly when work is subsequently performed.
,
12. Bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof.
13. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the
DEPARTMENT'S Travel Form No. 300-000-01 and will be paid in accordance with
Section 112.061, Florida Statutes.
14. PARTICIPANT providing goods and services to the Department should be aware of the
following time frames. Upon receipt, the Department has (5) five working days to inspect
and approve the goods and services. The Department has 20 days to deliver a request for
payment (voucher) to the Department of Banking and Finance. The 20 days are measured
from the latter of the date the invoice is received or the goods or services are received,
inspected and approved.
" :-'1.lInll,IfIt!·.dr.: l,ranb-JP,\ r üld~r~ (JI·f¡5 Uranh_l!'.\ '>Ríìor, I),: ;", lJe.!.h 41'J16215SiJI,,\j....<.!i<i :1""
15. If a payment is not available within 40 days, a separate interest penalty at a rate as
established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in
addition to the invoice amount, to the PARTICIPANT. Interest penalties of less than one
dollar will not be enforced unless the P ARTICIP ANT requests payment. Invoices that have
to be returned to a PARTICIPANT because of PARTICIPANT 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.
16. A Vendor Ombudsman has been established within the Department of Banking and Finance.
The duties of this individual include acting as an advocate for contractors/vendors who may
be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor
Ombudsman may be contacted at (850) 410-9724 or by calling the State Comptroller's
Hotline, 1-800-848-3792.
17. Records of costs incurred under the 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 three 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 P ARTICIP ANT'S general accounting records and the Project records, together
with supporting documents and records, of the contractor and all subcontractors performing
work on the Project, and all other records of the Contractor and subcontractors considered
necessary by the Department for a proper audit of costs.
18. In the event this contract is for services in excess of TWENTY-FIVE THOUSAND
DOLLARS ($25,000.00) and 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 trom the
Comptroller of the Department that such 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 one 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 TWENTY FIVE
THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than
one year."
19. The DEPARTMENT'S obligation to pay is contingent upon an annual appropriation by the
Florida Legislature.
20. The P ARTICIP ANT warrants that it has not employed or obtained any company or person,
other than bona fide employees of the PARTICIPANT, to solicit or secure this Agreement,
and it has not paid or agreed to pay any company, corporation, individual or firm, other than
a bona fide employee employed by the PARTICIPANT. For breach or violation of this
) \1,11111'[ lInd",jp,: (Îrallt,·JPA I uldt'r' fJ4-05·(ìfant\H',\ \RSlJ6 Ddrm Bead! ~ I <'¡{J21 ,)~¡)I_.\ \{.IS! ¡j",
provision, the DEPARTMENT shall have the right to tenninate the Agreement without
liability.
21. To the extent allowed by the Laws of Florida, the PARTICIPANT hereby agrees to
indemnify, defend, save, and hold hannless the DEPARTMENT from all claims, demands
liabilities, and suits of any nature arising out of, because of or due to any intentional and/or
negligent act or occurrence, omission, or commission of the PARTICIPANT, its agents,
employees, contractors, subcontractors and/or consultants arising out of this Agreement or
the work which is the subject hereof. It is specifically understood and agreed that this
indemnification clause does not cover or indemnify the DEPARTMENT for its own
negligence.
22. This Agreement is governed by and construed in accordance with the laws of the State of
Florida.
23. This document incorporates and includes all pnor negotiations, correspondence,
conversations, Agreements, or understandings applicable to the matters contained herein, and
the parties agree that there are no commitments, Agreements or understandings concerning
the subject matter of this Agreement that are not contained in this document. Accordingly, it
is agreed that no deviation from the tenns hereof shall be predicated upon any prior
representation or Agreements whether oral or written. It is further agreed that no
modification, amendment, or alteration in the tenns and conditions contained herein shall be
effective unless contained in a written document executed with the same formality and of
equal dignity herewith.
24. Any or all notices (except invoices) given or required under this Agreement shall be in
writing and either personally delivered with receipt acknowledged or sent by certified mail,
return receipt requested. All notices delivered shall be sent to the following addresses:
If to the DEPARTMENT:
Florida Department of Transportation - District Four
3400 West Commercial Boulevard
Fort Lauderdale, Florida 33309-3421
Attn: Elisabeth Hassett, R.L.A.
With a copy to: Pete Nissen, P.E.
A second copy to: District General Counsel
If to the PARTICIPANT:
City of Delray Beach
100 NW 1 ST Avenue
Delray Beach, FL 33444
Attn: Nancy Davila
City Horticulturist
With a copy to: City Attorney
~ \-1.\I!lt ¡ ,l[1(hc.lp.:'Uranh-JP,\ [ "Id.:!" (!1-05 .('ranl>_ If'.\ \R1š(¡/Í Ddra' BCJ\.h 413462 i 58;) ¡ .\i\{)~ i dd~
IN WITNESS WHEREOF, this Agreement is to be executed below for the purposes specified
herein. Authorization has been given to enter into and execute this Agreement by Resolution
No. , hereto attached.
STATE OF FLORIDA
CITY OF DELRA Y BEACH DEPARTMENT OF TRANSPORTATION
BY: BY:
CHAIRPERSON Gerry O'Reilly, P.E.
TRANSPORTATION DEVELOPMENT
DIRECTOR
ATTEST: APPROVED: (AS TO FORM)
BY:
CITY CLERK (SEAL) DISTRICT GENERAL COUNSEL DATE
APPROVED:
BY:
CITY ATTORNEY
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--
FM No: 230010-7-54-03
FErn No: 59-0974050001
EXHIBIT A
SCOPE OF SERVICES
The P ARTICIP ANT (City of Delray Beach) will develop and furnish to the DEPARTMENT
landscape, hardscape and/or irrigation plans with s~ecifications for State Road 806 (West
Atlantic Avenue) between Swinton Avenue and 121 Avenue and subsequently furnish and
construct the landscape, hardscape, and/or irrigation as shown in the plans and specifications
prepared by PBS&J, dated April II, 2005. The following conditions shall apply:
a. The current Florida Department of Transportation Design Standard Index 546
must be adhered to,
b. Clear zone/horizontal clearance as specified in the plans Preparation Manual -
English Volume I, Chapter 2 and Index 700 must be adhered to,
c. Landscape materials shall not obstruct roadside signs or permitted sight window
for outdoor advertising signs as pennitted in F.A.C. 14-40,
d. Landscape, hardscape, and/or irrigation materials shall be of a size, type and
placement so as not to impede large machine mowing that the DEPARTMENT
currently provides and will continue to provide at the same frequency,
e. Should the P ARTICIP ANT elect to design, furnish and construct irrigation, all
costs associated with water source connection(s), continued maintenance of the
distribution system and water and electricity costs shall be born solely by the
P ARTI CIP ANT. All permits (including tree permits), fees, and any mitigation
associated with the removal, relocation or adjustments of these improvements are
the maintaining AGENCY'S responsibility.
f. During the installation of the Project and future maintenance operations,
maintenance of traffic shall be in accordance with the current edition of the
MUTCD and the current Department Design Standards (series 600),
g. The PARTICIPANT shall provide the local maintenance office located at 7900
Forest Hill Blvd., West Palm Beach, FL 33413-3342, (phone 561-432-4966) a
twenty-four (24) hour telephone number and the name of a responsible person that
the DEPARTMENT may contact,
h. If there is a need to restrict the normal flow of traffic it shall be done on off-peak
hours (9 AM to 3 PM), and the party performing such work shall give notice to
the local law enforcement agency within whose jurisdiction such road is located
prior to commencing work on the Project. The DEPARTMENT'S Public
Information Office shall also be notified by phone at 954-777-4092,
1. The P ARTICIP ANT shall be responsible to clear all utilities within the Project
limits,
J. The PARTICIPANT shall notify the local maintenance office 48 hours prior to
the start ofthe Project.
" .\1.11111 [ _md-Cdp';"Jrm;b-Jl' \ ; ,)ld~r, ¡t-[-il' (iraqI, Jf'.\ \RWJÚ Ddr<l\ Bea.:h ,I 11-1()21 5i;¡1 I A\(}¡¡ l do"
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
Contract #ANQ81 Contract Type: AK Method of Procurement: G
Vendor Name: DELRAY BEACH COMMUNITY
Vendor ID: VF592593203001
Beginning date of this Agmt: 10/01/04
Ending date of this Agmt: 12/31/05
************************************************************************
Description:
SR-9/I-95 @ Atlantic Avenue - Landscaping
************************************************************************
ORG-CODE *EO *OBJECT *AMOUNT *FIN PROJECT *FCT *CFDA
(FISCAL YEAR) *BUDGET ENTITY *CATEGORY/CAT YEAR
AMENDMENT ID *SEQ. *USER ASSIGNED ID *ENC LINE(6S)/STATUS
************************************************************************
Action: ORIGINAL Funds have been: APPROVED
55 044010410 *HC *790091 * 40000.00 *41346215801 *215 *
2005 *55100100 *088716/05
0001 *00 * *0001/04
------------------------------------------------------------------------
TOTAL AMOUNT: *$ 40,000.00 *
------------------------------------------------------------------------
FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER
DATE: 09/30/2004
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RESOLUTION NO. 47-05
A RESOLUTION OF THE CIlY COMMISSION OF THE CIlY OF DELRA Y
BEACH, FLORIDA, APPROVING THE MAINTENANCE MEMORANDUM
OF AGREEMENT FOR IMPROVEMENTS TO AREAS ADJACENT TO
ATLANTIC AVENUE AND JUST EAST OF 1-95 AND AUTHORIZING THE
EXECUTION OF THE AGREEMENT.
WHEREAS, THE City of Delray Beach, Florida desires to approve the Maintenance
Memorandum of Agreement for certain landscaping, irrigation and related improvements to areas
adjacent to Adantic Avenue and just east of 1-95; and
WHEREAS, the City Commission authorizes the execution of the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CIlY COMMISSION OF THE
CIlY OF DELRA Y BEACH, FLORIDA, AS FOlLOWS:
Section 1. The City Commission of the City of Delray Beach authorizes the entry into
the Maintenance Memorandum of Agreement between the City and the Florida Department of
Transportation and authorizes the execution thereof.
Section 2. That the recitals set forth above are incorporated as if fully set forth herein.
PASSED AND ADOPTED in regular session on this the _ day of ,2005.
MAYOR
ATTEST:
Acting City Clerk
·
SECTION NO.: 93030
FM NO.(s): 413462
CONNECTED JP A No.: ANQ81
COUNTY: Palm Beach
S.R. NO.: 806
DISTRICT FOUR (4)
MAINTENANCE MEMORANDUM OF AGREEMENT
DSF-MAINTENANCE
THIS AGREEMENT, made and entered into this _ day of _ , 20_, by
and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a
component agency ofthe State of Florida, hereinafter called the DEPARTMENT and the CITY OF
DELRA Y BEACH, a political subdivision of the State of Florida, existing under the Laws of
Florida, hereinafter called the AGENCY.
WIT N E SSE T H:
WHEREAS, the DEPARTMENT has jurisdiction over State Road 806 as part ofthe State
Highway System; and
WHEREAS, the AGENCY seeks to install and maintain certain landscape improvements
within the right-of-way of State Road 806; and
WHEREAS, as part ofthe continual updating of the State of Florida Highway System, the
DEPARTMENT, for the purpose of safety, protection of the investment, and other reasons, has
constructed and does maintain a the highway facility as described in Exhibit A, attached hereto and
incorporated by reference herein, within the corporate limits (or unincorporated if a County) ofthe
AGENCY; and
WHEREAS, the AGENCY is of the opinion that said highway facilities that contains
landscape medians and areas outside ofthe travel way to the right of way line, shall be maintained by
periodic trimming, cutting, mowing, fertilizing, litter pick -up, necessary replanting, irrigation repairs,
and median concrete replacements as needed; and
WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement
designating and setting forth the responsibilities of each party; and
WHEREAS, the AGENCY by Resolution No. dated ,20_,
attached hereto and by this reference made a part hereof, desires to enter into this Agreement and
I
authorizes its officers to do so,
NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the
other, the parties covenant and agree as follows:
1. The AGENCY hereby agrees to install or cause to be installed landscape, hardscape and/or
irrigation improvements on the highway facilities as specified in plans and specifications
hereinafter referred to as the Project, and incorporated herein as Exhibit B. According to the
following standards and conditions:
(a) The current Florida of Department of Transportation Design Standard Index 546 must be
adhered to.
(b) Clear zonelhorizontal clearance as specified in the Plans Preparation Manual - English
Volume 1, Chapter 2 must be adhered to.
(c) Landscape shall not obstruct roadside signs or permitted outdoor advertising signs,
(d) If irrigation is to be installed, the DEPARTMENT shall be provided accurate as-built
plans of the system so ifin the future there is a need for the DEPARTMENT to perfonn
work in the area, the system can be accommodated as much as possible.
(e) If it becomes necessary to provide utilities to the median or side areas (water/electricity),
it shall be the AGENCY'S responsibility to obtain a permit for such work through the
local maintenance office.
(f) During the installation of the project and future maintenance operations, maintenance of
traffic shall be in accordance with the current edition of the MUTCD and the current
Department Design Standards (series 600).
(g) The AGENCY shall provide the local maintenance office, located at 7900 Forest Hill
Boulevard, West Palm Beach, FL 33413, (561) 434-3903, a twenty-four (24) hour
telephone number and the name of a responsible person that the DEPARTMENT may
contact.
(h) If there is a need to restrict the normal flow oftraffic, it shall be done on off-peak hours
(9 AM to 3 PM), and the party performing such work shall give notice to the local law
enforcement agency within whose jurisdiction such road is located prior to commencing
work on the project. The DEPARTMENT'S Public Information Office shall also be
notified.
2
(i) The AGENCY shall be responsible to clear all utilities within the project limits.
(j) The AGENCY shall notify the local maintenance office forty-eight (48) hours prior to
the start of the project.
2. The AGENCY agrees to maintain the landscape improvements which may include hardscape
and lITigation within the medians and outside the travel way line, by periodic trimming,
cutting, mowing, curb and sidewalk edging, fertilizing, irrigation repairs, litter pickup, and
necessary replanting as needed following the DEPARTMENT'S landscape safety and plant
care guidelines. Hardscape shall mean any non-standard roadway, sidewalk or median
surface such as interlocking pavers, stamped asphalt and stamped concrete.
The AGENCY'S responsibility for maintenance shall include all landscape/turfed areas and
areas covered with interlocking pavers or similar type surfacing (hardscape) within the
median and areas outside the travel way to the right of way line, including sidewalks and
median concrete areas and shall include interlocking paver and header curb repairs or
replacements as needed. Such maintenance to be provided by the AGENCY is specifically
set out as follows:
To maintain, which means the proper watering and fertilization of all plants and keeping
them as free as practicable from disease and hannful insects; to properly mulch the plant
beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper length; to
properly prune all plants, which includes: (I) removing dead or diseased parts of plants; or
(2) pruning such parts thereof which present a visual safety hazard for those using the
roadway. To maintain also means removing or replacing dead or diseased plants in their
entirety, or removing or replacing those that fall below original project standards. All plants
removed for whatever reason shall be replaced by plants of the same size and grade as
specified in the original plans and specifications. To maintain also means to keep the
hardscape areas free from weeds and replacement of any areas becoming in disrepair so as to
cause a safety hazard. To maintain also means to keep litter removed from the median and
areas outside the travel way to the right-of-way line. To maintain also means to keep the
header curbs that contain the hardscape and the interlocking pavers in optimum condition.
Plants shall be those items, which would be scientifically classified as plants and include but
are not limited to trees, grass, or shrubs.
If it becomes necessary to provide utilities to the median or side areas (water/electricity) for
these improvements, all costs associated with irrigation maintenance, impact fees, and
connections, as well as on-going cost of water are the maintaining agency's responsibility.
The above named functions to be perfonned by the AGENCY may be subject to periodic
3
inspections by the DEPARTMENT at the discretion of the DEPARTMENT. Such
inspection findings will be shared with the AGENCY and shall be the basis of all decisions
regarding repayment, reworking, or Agreement termination. The AGENCY shall not change
or deviate from said plans without written approval of the DEPARTMENT.
3. If at any time after the AGENCY has undertaken the landscape installation and/or
maintenance responsibility mentioned above, it shall come to the attention of the
DEP ARTMENT'S District Secretary that the limits or a part thereof is not properly
maintained pursuant to the terms of this Agreement, said District Secretary, may at his
option, issue a written notice that a deficiency or deficiencies exist(s), by sending a certified
letter to the AGENCY, to place said AGENCY on notice thereof. Thereafter, the AGENCY
shall have a period of thirty (30) calendar days within which to correct the cited deficiencies.
If said deficiencies are not corrected within this time period, the DEPARTMENT may, at
its option, proceed as follows:
(a) Complete the installation, or part thereof, with DEPARTMENT or Contractor's
personnel and deduct the cost of such work from the final payment for said work or
part thereof, or
(b) Maintain the landscape or a part thereof, with DEPARTMENT or Contractor's
personnel and invoice the AGENCY for expenses incurred, or
(c) Terminate the Agreement in accordance with Paragraph 6 of this Agreement, and
remove, by DEPARTMENT or private Contractor's personnel, all of the
landscape/irrigation installed under this Agreement or any preceding Agreements
except as to trees and palms and charge the AGENCY the reasonable cost of such
removal.
4. It is understood between the parties hereto that the landscape/hardscape covered by this
Agreement 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 future criteria or planning of the Department. The
AGENCY shall be given sixty (60) calendar day's notice to remove said
landscape/hardscape after which time the Department may remove sarp.e. All permits
(including tree permits), fees, and any mitigation associated with the removal, relocation or
adjustments of these improvements are the maintaining AGENCY'S responsibility.
5. THE DEPARTMENT and the AGENCY intend to enter into a separate agreement as
further described in Exhibit C. The DEPARTMENT shall be invited to assist the AGENCY
in final inspections before acceptance of the job by the AGENCY.
4
--
6. The AGENCY agrees to reimburse the DEPARTMENT all monies expended for the
project, should the landscape areas fail to be maintained in accordance with the terms and
conditions of this Agreement.
7. This Agreement may be terminated under anyone (1) of the following conditions:
(a) By the DEPARTMENT, if the AGENCY fails to perform its duties under Paragraph
3, following ten (10) days' written notice.
(b) By the DEPARTMENT, for refusal by the AGENCY 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 by the AGENCY in conjunction with this
Agreement.
8. The term of this Agreement commences upon execution.
9. To the extent permitted by law, the AGENCY shall indemnify and hold harmless the
DEPARTMENT, its officers, and employees from all suits, actions, claims, and liability
arising out of the AGENCY'S negligent performance of the work under this Agreement, or
due to the failure of the AGENCY to maintain the Project in conformance with the standards
described in Sections I and 2 of this Agreement.
10. The AGENCY may construct additional landscape within the limits of the rights-of-way
identified as a result of this document, subject to the following conditions:
(a) Plans for any new landscape shall be subject to approval by the DEPARTMENT.
The AGENCY shall not change or deviate from said plans without written approval
by the DEPARTMENT.
(b) All landscape and irrigation shall be developed and implemented in accordance with
appropriate state safety and road design. standards.
(c) The AGENCY agrees to comply with the requirements of this Agreement with
regard to any additional landscape installed at no cost to the DEPARTMENT.
(d) No change will be made in the payment terms established under number five (5) of
this Agreement due to any increase in cost to the AGENCY resulting from the
installation of landscape added under this item.
S
~--
11. This writing embodies the entire Agreement and understanding between the parties hereto,
and there are no other Agreements and understanding, oral or written, with reference to the
subject matter hereof that are not merged herein and superseded hereby.
12. The D EP ARTMENT, during any fiscal year, shall not expend money, incur any liability, nor
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 ofthis 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 one year, but any contract so made shall be executory only
for the value ofthe 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 TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) and
which have a term for a period of more than one year.
13. The DEPARTMENT'S District Secretary shall decide all questions, difficulties, and
disputes of any nature whatsoever that may arise under or by reason of this Agreement, the
prosecution or fulfillment of the service hereunder and the character, quality, amount and
value thereof; and his decision upon all claims, questions, and disputes shall be final and
conclusive upon the parties hereto.
14. This Agreement may not be assigned or transferred by the AGENCY, in whole or in part,
without the consent of the DEPARTMENT.
15. This Agreement shall be governed by and construed in accordance with the laws of the State
of Florida. In the event of a conflict between any portion of the contract and Florida law, the
laws of Florida shall prevail.
16. Any and all notices given or required under this Agreement shall be in writing and either
personally delivered with receipt acknowledgement or sent by certified mail, return receipt
requested. All notices shall be sent to the following addresses:
If to the Department: If to the Agency:
State of Florida Department of Transportation City of Delray Beach
Planning & Environmental Management 100 Northwest 1 st Avenue
3400 West Commercial Blvd. Delray Beach, FL 33444
Ft. Lauderdale, FL 33309-3421 Attention: Mr. David T. Harden
Attention: Elisabeth A. Hassett, R.L.A. City Manager
FDOT District IV Landscape Architect
6
-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and
year first above written.
AGENCY STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By: By:
Chairperson/Mayor Transportation Development Director
Attest: (SEAL) Attest: (SEAL)
Clerk Executive Secretary
Approval as to Fonn Date Approval as to Fonn Date
-
Attorney District General Counsel
7
SECTION NO.: 93030
FM NO.(s): 413462
CONNECTED JPA No.: ANQ81
COUNTY: Palm Beach
S.R. NO,: 806
EXHIBIT A
I. PROJECT LOCATION:
State Road 806 (Atlantic Boulevard) fÌom SR 9 (1-95) north bound ramps (M.P. 7.386) to NW
12TH Avenue (M.P. 7.513).
II. PROJECT LOCATION MAP:
VICINITY MAP
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SECTION NO.: 93030
FM NO.(s): 413462
CONNECTED JPA No.: ANQ81
COUNTY: Palm Beach
S.R. NO.: 806
EXHIBIT B
See attached plans prepared by PBS&J dated, 4/11105 ,2005.
9
SECTION NO.: 93030
FM NO.(s): 413462
CONTRACT NO.: ANQ81
COUNTY: Palm Beach
S.R. NO.: 806
EXHIBIT C
(GENERAL)
PROJECT COST
This Exhibit forms an integral part of the DISTRICT FOUR (4) HIGHWAY MAINTENANCE
MEMORANDUM OF AGREEMENT between the State of Florida, Department of Transportation
and the AGENCY.
Anticipated Terms of Separate Ae:reement
I. APPROXIMATE PROJECT COST: $ 40,000.00
10
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Date: July 11, 2005 Agenda Item No. ß~
AGENDA REQUEST
Agenda request to be placed on:
_X_Regular _ Special _ Workshop Consent
-
When: July 19,2005
Description of Agenda Item:
Joint Participation Agreement (JPA) and the Maintenance Memorandum of Agreement
(MOA) Prepared by the Florida Department of Transportation for Gateway Parks
Adjacent Atlantic Avenue, East side ofI-95
Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No
Recommendation: Approval
( ~~
\
Department Head Signature:
~-
City Attornev Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No
-¡¡vJ Funding Alternatives: (if applicable)
Account # & Description:
City Manager Review:
Approved for agenda: &)/ No M
Hold Until:
Agenda Coordinator Review:
Received: ....
Action: Approved / Disapproved
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER{1JV\,
SUBJECT: AGENDA ITEM # ßF - REGULAR MEETING OF JULY 19. 2005
SERVICE AUTHORIZATION #2/HAZEN & SAWYER, INC.
DATE: JULY 15, 2005
This is before the Commission to approve Service Authorization No. 2 to Hazen & Sawyer, Inc. in
the amount of $163,150.00 for design of infrastructure improvements for the Osceola Park
Neighborhood Improvements Project.
Funding is available from 334-3162-541-65.85 (General Construction Fund/Osceola Park), 442-5178-
536-65.85 (Water/Sewer Renewal & Replacement Fund/Osceola Park), and 448-5461-538-65.85
(Stonnwater Utility Fund/Osceola Park).
Recommend approval of Service Authorization No.2 to Hazen & Sawyer, Inc. in the amount of
$163,150.00 for design of infrastructure improvements for the Osceola Park Neighborhood
Improvements Project.
S'\Clty Clerk\agenda memos\SA 2 Hazen & Sawyer Osceola Park 071905
-
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO: David T. Harden ~
FROM: Randal L. Krejcarek, P.E. ß
DATE: 13 July 2005
SUBJECT: Osceola Park Infrastructure Improvements
Commission Agenda Item
Projects # 2004-003.1 & 2004-003.3
The attached agenda item is for Commission authorization/approval for Mayor to execute
Service Authorization #2 with Hazen & Sawyer, Inc. for design of Infrastructure Improvements in
Osceola Park Neighborhood. Improvements include; water main upgrades, swales, traffic
calming, sidewalks and repaving the streets and alleys.
This design service authorization is for the design of Phases 1 and 3. The total estimated
construction cost for Phases 1 and 3 is estimated at $1,834,500.00
Funding is available as follows:
Account # Balance SA Amount
334-3162-541-65.85 $475,755.00 $96,258.00
442-5178-536-65.85 $576,400.00 $40,788.00
448-5461-538-65.85 $576,400.00 $26,104.00
Total $163,150.00
The attached map shows the project location.
Please place this item on the 19 July 2005 Commission Agenda.
Thanks!
enc
cc: Richard Hasko, P E , Director of Environmental Services
Joseph Safford, Finance Director
file
S.\EngAdmmIProjectsI200412004-003 0112005-07-05 agenda memo doc
- -
EXHIBIT A
CONSUL TING SERVICE AUTHORIZATION
DATE:
SERVICE AUTHORIZATION NO. FOR CONSULTING SERVICES
CITY P.O. CITY EXPENSE CODE
TITLE: Osceola Park Redevelopment (Phases I & III)
This Service Authorization, when executed, shall be incorporated in and shall become an
integral part of the Contract.
Title: Osceola Park Redevelopment (Phases I & III)
BACKGROUND
The City is embarking on a redevelopment program in the Osceola Park subdivision.
Infrastructure improvements to be completed as part of the program include the following:
· Water main relocation (from alley to streets) and upgrades from 2 inch to 8 inch
· Sidewalk constructionlreconstruction
· Traffic calming features
· Roadway/alleyway resurfacing
· Truck route (bypass)
· Select drainage improvements
The work will be completed through a cost sharing program where project costs will be shared
between the City, the CRA, and the residents, with each assuming one third (1/3) of the project
cost. The improvements will occur in four geographic phases, two of which (Phases I and III)
are addressed in this scope of services.
SCOPE OF WORK
Task 1 - Data Collection
Consultant will meet with the City to collect pertinent and available data including:
· Listing of streets/alleys scheduled for resurfacing
· Results of traffic study which includes the intersection of SE 4th Street and Swinton
Avenue (for possible truck route)
· Identification of sanitary sewer locations needing point repairs
· Location of utility services to be provided (City will identify on survey once complete)
· Photos and other data relative to drainage problems
· Direction relative to proposed landscaping requirements
Boca:ProsCDelrayOO2:06-29-05 Page 1 of 7
1) Consultant shall prepare a route survey for areas of anticipated construction (as noted
on Figure 1). Survey shall include location of roadway, streetscape features, utilities,
aboveground improvements, and topography. Information shall extend to five feet
outside of the right-of-way, and topographic sections shall be provided at 50-foot
intervals and at low points. Information shall also be in accordance with the City's typical
survey requirements and drawing creation standards.
Task 2 - Design
Consultant shall prepare plans, details and specifications for construction of the Osceola Park
(Phase I and III) Improvements as outlined in the background section and shown in Figure 1.
Plan views (1" = 20') shall be provided for paving, grading and drainage. Plan and profile views
(1" = 20') shall be provided for the water main improvements.
Consultant shall deliver review submittals to the City at 60% and 90% completion milestones.
After each milestone submittal, Consultant shall meet with the City to review the City's
comments. Additionally, at the 60% and 90% milestones, Consultant shall prepare and submit
an opinion of probable construction costs. The design shall be completed in such a fashion
such that Phase I and Phase III can be implemented as separate construction contracts.
Task 3 - Contract Documents
After the 90% submittal review meeting, Consultant shall incorporate City review comments and
finalize the Contract Documents for bidding. The Contract Documents shall include the final
drawings, specifications and front-end documents (to be provided to Consultant by City).
The anticipated contract drawing list includes the following:
Phase I
G-1 Cover sheet, location map and list of drawings
G-2 General notes, legend and abbreviations
G-3 Right-of-way improvements key map
C-1 Water main improvements (plan and profile)
C-2 Water main improvements (plan and profile)
C-3 Water system details
C-4 Paving, grading and drainage plans
C-5 Paving, grading and drainage plans
C-6 Paving, grading and drainage plans
C-7 Paving, grading and drainage plans
C-8 Paving, grading and drainage details
C-9 Traffic calming plans
C-10 Traffic calming plans
C-11 Traffic calming plans
C-12 Traffic calming details
C-13 Traffic calming details
C-14 Erosion/Sediment control plan and details
Boca:ProsCDelrayOO2:06-29-05 Page 2 of 7
Phase III
G-1 Cover sheet, location map and list of drawings
G-2 General notes, legend and abbreviations
G-3 Right-of-way improvements key map
C-1 Water main improvements (plan and profile)
C-2 Water main improvements (plan and profile)
C-3 Water main improvements (plan and profile)
C-4 Water main improvements (plan and profile)
C-5 Water main improvements (plan and profile)
C-6 Water system details
C-7 Paving, grading and drainage plans
C-8 Paving, grading and drainage plans
C-9 Paving, grading and drainage plans
C-10 Paving, grading and drainage plans
C-11 Paving, grading and drainage plans
C-12 Paving, grading and drainage plans
C-13 Paving, grading and drainage plans
C-14 Paving, grading and drainage details
C-15 Traffic calming plans
C-16 Traffic calming details
C-17 Truck route (bypass) plan
C-18 Erosion/Sediment control plan
(Note: Drawing lists are preliminary and will be updated based on receipt of City Street Survey and
finalization of road/alleyway resurfacing and reconstruction requirements.)
Task 4 - Permitting
Consultant shall prepare and submit permit applications to the following regulatory agencies:
· Palm Beach County Health Department - Water Facilities Construction (for water main
improvements)
· City of Delray Beach Engineering Department (approval for improvements in City right-
of-ways).
· South Florida Water Management District - the project is anticipated to qualify for a No
Notice General Permit.
Consultant shall also respond to agency requests for additional information.
Task 5 - Bidding Services
Consultant will provide the City with the following for bidding:
· One (1) set of mylars (drawings)
· One (1) CD with specifications in Word and pdf format and drawings in dwg and dwf
format
Boca:ProsCDelrayOO2:06-29-05 Page 3 of 7
Consultant shall assist the City during bidding, including the following:
· Attendance at pre-bid conference
· Assistance in preparing addenda
· Review of bids and preparation of a recommendation of award
It is assumed there will be two construction contracts.
ASSUMPTIONS/CLARIFICATIONS
1. Work to be performed shall be generally in conformance with the "Osceola Park
Redevelopment Plan".
2. Work will be bid in two construction contracts.
3. Stormwater management improvements will be of such a nature as to qualify for
a "No Notice General Environmental Resource Permit(s)".
4. Removal of paved swales (stormwater management improvements) shall occur
as follows:
a. Approximately 150 ff removed at intersection of SE 5th Street and SE 4th
Avenue {Phase I); and
b. Approximately 300 ff removed at intersection of SE 4th Street and
Swinton Avenue (Phase III).
See Figure 1 for more details.
5. Roadway resurfacing shall occur as follows:
a. Approximately 350 linear feet of SE 3rd Street between SE 3rd Avenue
and SE 4th Avenue (Phase I);
b. Approximately 300 linear feet of SE 3rd Street between SE 2nd Avenue
and SE 3rd Avenue (Phase III); and
c. Approximately 1,300 linear feet of SE 2nd Avenue between SE 2nd Street
and SE 4th Street (Phase III).
See Figure 1 for more details.
6. Water main improvements shall occur as follows:
Phase I
a. Upgrade 2-inch water main along SE 3rd Avenue (approximately 550
linear feet) to 8-inch C-900; and
Boca:ProsCDelrayOO2:06-29-05 Page 4 of7
b. Upgrade 2-inch water main in alley between SE 5th Street and SE 6th
Street (approximately 290 linear feet) to 8-inch C-900 and relocate within
SE 6th Street.
Phase III
a. Upgrade 2-inch water main in alley between SE 2nd Avenue and SE 3rd
Avenue (approximately 1,160 linear feet) to 8-inch C-900 and relocate
within SE 2nd Avenue;
b. Upgrade 2-inch water main along SE 2nd Avenue (approximately 100
linear feet) to 8-inch C-900;
c. Upgrade 2-inch water main along SE 1st Avenue (approximately 1,360
linear feet) to 8-inch C-900; and
d. Upgrade 2-inch water main in alley between SE 4th Street and SE 5th
Street (approximately 330 linear feet) lo 8-inch C-900 and relocate within
SE 5th Street.
See Figure 1 for more details.
7. City has indicated approximately 3,500 linear feet of new sidewalk for Phase I
and approximately 2,540 linear feet of new sidewalk for Phase III. See Figure 1
for more details.
8. City has indicated six (6) traffic calming locations for Phase I and two (2) traffic
calming locations for Phase III. See Figure 1 for more details.
9. City will provide traffic study results to the Consultant as a basis for a truck route
(bypass) plan.
10. City will review sanitary sewer closed circuit TV tapes and notify Consultant of
locations needing repair.
11. City will provide standard front-end documents.
12. City will pay all application fees.
13. Project will qualify for a SFWMD No Notice General Permit.
14. Project will not require either an FDOT driveway or drainage connection permit.
15. City will handle neighborhood public relations programs.
Boca:ProsCDelrayOO2:06-29-05 Page 5 of 7
-- --------- --
BUDGET
Task Amount
Task 1 - Data Collection $ 44,800
Task 2 - Design $ 60,600
Task 3 - Contract Documents $ 41,400
Task 4 - Permitting $ 11,100
Task 5 - Bidding Services $ 5,250
TOTAL LUMP SUM $ 163,150
SCHEDULE
Task Time of ComDletion from NTP
Task 1 - Data Collection 2 weeks
Task 2 - Design 12 weeks
Task 3 - Contract Documents 14 weeks
Task 4 - Permitting 18 weeks
Task 5 - Bidding Services Dependent upon the City
Boca:ProsCDelrayOO2:06-29-05 Page 6 of 7
--
Approved by:
CITY OF DELRA Y BEACH: CONSULTANT: HAZEN AND SAWYER,
Date: Date: G(2-c,(o~
By:
Attest: Attest:
STATE: Florida
COUNTY: Palm Beach
BEFORE ME, tjfOregOing instrument, this
a t¡-#t day of _ {lkt€. , 2005, was
acknowledged by Albert Muniz, P .E. on
Approved as to Legal behalf of the Corporation and said person
Sufficiency and Form executed the same free and voluntarily
, for the purpose therein expressed.
Witness my hand a~~1 in the County and
S~ aforesaid this day of
~-e. , 2005.
~- (JO/J~
N tary Public Signature
Lori A. Osborn
Notary Public Name Printed
.....,. ~
LORI A OSBORN
NOTARY PUBUC Sf ATE OF FLORIDA
COMMISSION NO. DOl34332
MYCOMM5~ONEX~Y26~~
Boca:ProsCDe/rayOO2:06-29-05 Page 7 of 7
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Date: 13 Julv 2005 AGENDA ITEM NUMBER:'6t-
(0
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AGENDA REQUEST
Request to be placed on:
-X-Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When: 19 Julv 2005
Description of Agenda Item (who, what, where, how much):
Request for Commission a uthoriza tion/ approval for Mayor to execute Service
Authorization #2 with Hazen & Sawyer, Inc. for design of Infrastructure Improvements
in Osceola Park Neighborhood. Improvements include; water main upgrades, swales,
traffic calming, sidewalks and repaving the streets and alleys. This design service
authorization is for the design of Phases 1 and 3. The total estimated construction cost
for Phases 1 and 3 is estimated at $1,834,500.00. Funding is available as follows:
Account # Balance SA Amount ~!.5'(, ,;Z ~
334-3162-541-65.85 $4 iI), i55.@~ $96,258.00 $.0 Be :,cr ¿)
442-5178-536-65.85 -$G70,40e.60 $40,788.00 '>, ; --'
448-5461-538-65.85 $é7â,400.QO $26,104.00 /~35Z, 1f}?J
Total $163,150.00
Staff Recommendation: Approval
Department Head Signature: P ~ ¿ ~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding AVailablee No Initials: btt YES
Account Number above
Description Osceola Park
Account Balance: see above
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agenda: & No Initials: t1
Hold Until:
Agenda Coordinator Review:
Received:
S:\EngAdmin \Projects\2004 \2004-003.01 \OFFICIAL \2005-07 -05 agenda.doc
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITYMANAGER(~~
SUBJECT: AGENDA ITEM # <;SG - REGULAR MEETING OF JULY 19. 2005
RESOLUTION NO. 51-05/NA1rI()NAùL INCIDENT MANAGEMENT
SYSTEM (NIMS)
DATE: JULY 15, 2005
This is before Commission to approve Resolution No. 51-05 adopting the National Incident
Management System (NIMS) as the official management standard for emergency operations within
the City.
This action is recommended by the President of the United States and the Secretary of the
Department of Homeland Security for all governmental jurisdictions to increase governmental
operational effectiveness and system interoperability in time of various emergencies.
NIMS is intended to support all levels of governmental action and compliment our long standing
practice of unified command functions and interagency incident management.
Recommend approval of Resolution No. 51-05 adopting the NIMS as the official management
standard for emergency operations within the City.
S:\City Clerk\agendarnemos\CM Memo\NIMS 071905
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DELRAY BEACH
f l 0 . I 0 ...
-...ed
Ail-America City
, III I!
1993 MEMORANDUM
2001
TO: David T. Harden, City Manager
FROM: Kerry B. Koen, Fire Chief
SUBJECT: Recommended Resolution
DATE: July 8, 2005
Attached you will find a recommended Resolution adopting the National Incident
Management System (NIMS) as the official incident management standard for
emergency operations within the City of Delray Beach. This action is recommended by
the President of the United States and the Secretary of the Department of Homeland
Security for all governmental jurisdictions to Increase governmental operational
effectiveness and system interoperability in time of various emergencies.
NIMS is intended to support all levels of governmental action and supports and
complements our long standing practice of unified command functions and interagency
incident management. Several excellent examples of this are the City's operational
profiles during Hurricanes, major community events such as Delray Affair and the 4th of
July events, and major emergency field deployments by the Fire-Rescue and Police
Departments.
It is suggested that this item be placed before the City Commission on July 19th
with affirmative action recommended.
}/~ ~ l -
Kerry B. Koen
Fire Chief
cc: Terrill Barton, Asst. City Attorney
John Tomaszewski, Asst. Fire Chief
Carolanne Kucmerowski, Agenda Coordinator
FIPE-RESC'UE ~JC_P/\qT!i:,::~' f t~-- .' ·-1~:>::- -~ . :=--LC'PiD.t\ 3.3..:t4f¡.
RESOLUTION NO, 51-05
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, DESIGNATING THE NATIONAL
INCIDENT MANAGEMENT SYSTEM (NIMS) AS THE CITY'S
INCIDENT MANAGEMENT STANDARD FOR EMERGENCIES
OCCURRING WITIllN THE CITY.
WHEREAS, the President of the United States has directed the Secretary of the Department of
Homeland Security to develop and administer a National Incident Management System (NIMS), in order to
provide a consistent nationwide approach for federal, state, and local governments to work together more
effectively and efficiently to prevent, prepare for, respond to, and recover from domestic incidents,
regardless of cause, size or complexity; and
WHEREAS, the collective input and guidance from all federal, state, and local homeland security
partners has been, and will continue to be, vital to the development, effective implementation and
utilization of a comprehensive National Incident Management System (NIMS); and
WHEREAS, it is necessary that all federal, state, and local emergency management agencies and
personnel coordinate their efforts to effectively and efficiently provide the highest levels of incident
management; and
WHEREAS, to facilitate the most efficient and effective incident management, it is critical that
federa~ state and local organizations utilize standardized terminology, standardized organizational
structures, unifonn personnel qualification standards, unifonn standards for planning, training, and
exercising, comprehensive resource management, and designated incident facilities during emergencies or
disasters; and
WHEREAS, the National Incident Management System's (NIMS) standardized procedures for
managing personnel, communications, facilities and resources will improve the City's ability to utilize
federal funding to enhance local and City agency readiness, maintain fIrst responder safety, and streamline
incident management processes; and
WHEREAS, the Incident Command System components of the National Incident Management
System (NIMS) are already an integral part ofvarÎOus incident management activities throughout the City,
including public safety and emergency response organizations through their training programs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, THAT:
Section 1, The City Commission of the City ofDelray Beach, Florida. adopts and incorporates,
as if fully set forth herein, the recitations set forth above.
Section 2. The City Commission of the City of Dekay Beach, Florida, supports the direction of
the President of the United States and the Secretary of the Department of Homeland Security regarding the
development and administration of the National Incident Management System (NIMS), in order to provide
a consistent nationwide approach for federal, state and local governments to work together more effectively
and efficiently to prevent. prepare for. respond to and recover ftom domestic incidents.
Section 3. The City Commission of the City of Delray Beach. Florida, designates the National
Incident Management System (NIMS) to be utilized as the standard for emergency incident management in
the City of Delray Beach.
Section 4. If any section, subsection, clause or provision of this resolution is held invalid, the
remainder shall not be affected by such invalidity.
Section 5. All resolutions or parts of resolutions in conflict herewith shall be and hereby are
repealed,
Section 6. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED in regular session on second and final reading on this the _ day of
, 2005.
MAYOR
ATIEST:
City Clerk
2 Res. No. 2-05
Date: Julv II. 2005 AGENDA ITEM NUMBER: ~G,
AGENDA REOUEST
Request to be placed on:
X Consent Agenda _ Regular Agenda _ Workshop Agenda _ Special Agenda
When: July 19. 2005
Description of agenda item (who, what, where, how much):
Approval of recommended resolution adopting the National Incident Management System
(NIMS) as the official management standard for emergency operations within the City of
Delray Beach.
Recommendation: Approve the recommended resolution.
Department Head Signature: V oQ.....- - l b ~ .
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Fundmg AvaIlable: Yes/No Imtlals:
Account Number
Description
Account Balance:
Fundmg Alternatives: (if apphcable)
City Manager Review:
Approved for Agenda: 8/ No Initials: ~
Hold Until:
Agenda Coordinator Review:
ReceiVed:
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER fJJv1.
SUBJECT: AGENDA ITEM # ß\-\ - REGULAR MEETING OF JULY 19. 2005
SERVICE AUTHORIZATION #2/KEITH & SCHNARS. INC.
DATE: JULY 15,2005
This is before the Commission to approve Service Authorization No.2 to Keith & Schnars in the
amount of $125,760.00 for design of hardscaping and landscaping improvements for the West
Atlantic Avenue Phase 3 Beautification Project.
Funding is available from 334-3162-541-65.24 (General Construction Fund/West Adantic Avenue
Beautification Phase 3/10th Avenue to 6th Avenue) and 441-5161-536-65.24 (Water/Sewer Fund/West
Atlantic Avenue Beautification Phase 3/10th Avenue to 6th Avenue).
Recommend approval of Service Authorization No. 2 to Keith & Schnars in the amount of
$125,760.00 for design of hardscaping and landscaping improvements for the West Atlantic Avenue
Phase 3 Beautification Project.
S:\Clty Clerk\agenda memos\SA 2 Keith & Schnars W Atlantic Ave Beautification 071905
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO: David T. Harden '.
FROM: Randal L. KreJcarek, P.E. ;:?~
DATE: 14 July 2005
SUBJECT: West Atlantic Ave Phase 3 Beautification
Commission Agenda Item
Projects # 2004-034
The attached agenda item is for Commission authorization/approval for Mayor to execute
Service Authorization #2 with Keith & Schnars, Inc. for design of hardscaping and landscaping
improvements along West Atlantic Avenue from 10th Avenue to 6th Avenue. The construction of
these improvements, estimated at $1,974,140.00, will be funded from an ISTEA grant, CRA
and the City. The City will be responsible for administering the design work performed under
this service authorization.
The cost of this Service Authorization is $125,760.00.
Funding for this Service Authorization is available as follows:
Account # Balance SA Amount
334-3162-541-65.24 $2,013,000.00 $113,184.00
441-5161-536-65.24 $ 86,900.00 $ 12,576.00
Total $125,760.00
The attached map shows the project location.
Please place this item on the 19 July 2005 Commission Agenda.
Thanks!
enc
cc: Richard Hasko, P.E , Director of Environmental Services
Joseph Safford, Finance Director
Diane Colonna, CRA Executive Director
file
S IEngAdmmlProjects\2004\2004-034\OFFICIAL\2005-07-05 agenda memo doc
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DATE:
SERVICE AUTHORIZATION NO. 2 FOR CONSULTING SERVICES
CITY P.O. NO. CITY EXPENSE CODE
TITLE: West Atlantic Avenue Beautification Phase7 .3
This Service Authorization, when executed, shall be incorporated in and shall become an integral
part of the Contract.
Title:
I. PROJECT DESCRIPTION
CONSUL T ANT is providing professional services associated with the improvements of West
Atlantic Avenue Beautification Phase II, situated in the City of Delay Beach, Palm Beach County,
Florida. The West Atlantic A venue Beautification Phase II area to be improved under this
consulting service authorization is the Atlantic Avenue right-of-way between NW 6th Avenue to
NW 10th A venue. The improvement activities for this project include design for a new water main
along the south side, adding bulb outs in the parallel parking, street trees landscaping and irrigation
in the side walk and bulb out areas, hardscape treatment, street lighting and electrical service.
CONSULTANT will submit to the City 60% and 90% design and detail drawings for fonnal review
and comment. Final plans will be submitted as part of the construction documents. The City is
working to coordinate the traffic signals through Palm Beach County thus improvements to traffic
signals are not part of this agreement.
II. SCOPE OF SERVICES
Section 1 Surveying Services
1.1 DESIGN SURVEY
CONSUL T ANT shall perform a design survey in the specified areas as follows:
Along Atlantic Avenue from 75'+/- west of the west right-of-way of NW/SW lOth
Avenue, easterly to 75'+/- east of the east right-of-way of NW/SW 6th Avenue.
The survey should include the following:
1) Platted rights-of-way (include bearing and distances for centerlines), lot numbers,
House Numbers (if available) and dedicated easements.
2) All improvements, physical objects, driveways and significant landscape (i.e.
trees, shrubs) within the right-of-way as well as the front two comers of the
building on each lot.
3) All underground utilities. Inverts on sanitary and storm sewers shall be indicated,
as well as, locations of water valves and meters. City of Delray atlas will not be
used for locations. CONSULTANT shall locate and delineate utility designations
based on information field delineated by the utility designation sub-consultant
(Item 1.2 herein).
4) All topographical surveys shall have stationing established from south to north
and west to east where applicable. Provide a minimum of two bench marks tied
to the state plane coordinate system.
5) Elevations (cross sections) shall be indicated every 25 feet, at a minimum, to
indicate centerline grades, edge of pavement grades, shoulder grades, sidewalk
grades and finished floor grades along corridor. Intermediate grades shall be
indicated at all grade breaks, driveways and sidewalks. Two grades (one at the
right-of-way line and one l5 feet back) shall be indicated on the driveways to
indicate direction of grade.
6) The survey shall include topography of the complete intersection, 50 feet beyond
radius returns, at the terminal end of each street.
7) The Survey Baseline will be the approximate center of the Right-of-Way when
possible. All baselines, the markers set and the relevant station and elevation
information shall be clearly shown on the survey drawing. Baselines shall
increase in stationing to the east. (Baseline stationing will not be duplicated, i.e.
80+00 for SE 8th Street and 70+00 for SE ih Street).
8) All elevations shall be referenced to the National Geodetic Vertical Datum of
1929. All vertical control shall be established using these benchmarks. Temporary
benchmarks will be provided throughout the entire project at intervals not to
exceed 400 feet.
9) Finished floor elevations will be obtained at the building front entrances.
lO) All necessary calculations to create a complete engineering design base map
(geometric control plan) including all right-of-way baselines, plats, benchmarks
and monumentation found. Data will be compiled from recorded plats and field
located property comers. House numbers and dedicated easements (provided by
the CITY or shown on plats) shall be shown.
Design Survey shall conform to the Minimum Technical Standards as set forth by the
Florida Board of Professional Surveyors and Mappers in Chapter 6l G 17 -6 of the Florida
Administrative Code, pursuant to Section 472.027 Florida Statutes.
1.2 ELECTRO MAGNETIC UTILITY DESIGNATION
(F.R. Aleman & Associates, Inc - SubConsultant)
SUB CONSUL T ANT shall provide utility locating services using electro magnetic
induction to provide horizontal locations of utilities. Some utility systems contain
portions or non-metallic materials and therefore maybe un-locatable using electro
magnetic induction techniques. SUBCONSUL T ANT will provide approximate horizontal
location of existing utilities within the project areas by means of paints and flags.
Section 2 Engineering Services
2.1 CONSTRUCTION PLANS
Based on the recent improvements made to Atlantic A venue from 6th A venue to 2nd
A venue, CONSULTANT will prepare detailed design plans as necessary to facilitate the
construction of similar improvements from loth A venue to 6th A venue. These
improvements will include bulb-outs at intersections, paver crosswalks with ramps at side
streets, and paver crosswalks at all four crossings at the signalized intersection of 8th
Avenue and loth Avenue and Atlantic Avenue. In addition CONSULTANT shall prepare
plans for modifications to existing storm drainage system as necessary to accommodate
proposed improvements. CONSULTANT'S plans shall also include the extension of an
existing 8" watermain located on the south side of Atlantic A venue from 6th A venue to
loth Avenue.
CONSUL T ANT assumes modifications to be minor in that re-grading of Atlantic A venue
will not be necessary. Side streets may have to be modified. CONSULTANT'S
watermain design shall include stub-outs and fire hydrants located as directed by
CLIENT.
Also included, CONSULTANT will prepare plans for traffic pavement markings and
traffic signage as necessary to comply with CLIENT and FOOT requirements.
Exclusions: Construction observation services are not included. Therefore Certification
of construction, as required by permitting agencies, shall be done by others. Existing
condition mformation including utility locations will be shown as collected from various
sources and will be provided for informational purposes only. The CLIENT has the
option to request the CONSULTANT to provide locations through the use of a utility
location sub-consultant prior to design or have the contractor verify utility locations prior
to construction and provide the utility information to the CONSULTANT to verify the
--- -----
final utility design. The CONSUL T ANT shall not accept liability for utility
misalignment unless this information is provided prior to construction.
2.2 ROADWAY IMPROVEMENT PERMITTING PHASE
CONSUL T ANT shall provide all technical criteria, descriptions and design data required
in filing applications for permits with the governmental agencies having jurisdiction to
review the design of the project. Application and permit fees are the responsibility of the
CLIENT and are not included in this agreement. The following regulatory agency permit
applications and informational submittals will be provided as related to design:
· City of Delray;
· Florida Department of Transportation;
· South Florida Water Management District; and
· Palm Beach County Health Department.
2.3 TRAFFIC CONTROL PLAN
CONSULTANT shall develop a safe and effective Maintenance of Traffic Plan (MOT
Plan) to move vehicular and pedestrian traffic through the construction zone. The design
shall include details for lane closures to accommodate construction activities proposed
within the parallel parking lanes, sidewalks and crosswalks.
Section 3 Landscaping Architectural Services
3.1 HARDSCAPE PLAN
CONSULTANT shall prepare hardscape treatment plans for the sidewalks and crosswalks,
planting and irrigation plans for sidewalk cut outs and the proposed bulb outs.
CONSULTANT shall prepare a preliminary hardscape plan, based on the previous phases of
this project (by others) as showing paver patterns and locations for the areas of the project
listed previously (60% plans).
Based on the preliminary hardscape plan, the CONSULTANT shall prepare final
construction plans, as showing paver patterns, locations, quantities, details, technical
specifications and notes necessary for construction (90% plans).
Based on the 90% design and detail plans submittal and comments, the CONSULTANT
will prepare the lOO% design and detail plans, technical specifications and contract
documents for the construction of the landscape improvements.
CONSULTANT will provide budgetary opinion of construction cost for the preliminary
60% and final 90% plans submittal.
3.2 PLANTING PLAN
CONSULTANT shall conduct field visits to review existing conditions and perfonn site
analysis. The CLIENT shall provide the CONSULTANT with any property and lease
encumbrances.
CONSULTANT shall interview CLIENT for preferences of landscape material.
CONSULTANT shall prepare a preliminary planting plan, based on the City staff
interviews, and previous phases of this project (by others) as showing trees, shrubs, ground
cover, and sod for the areas of the project listed previously (60% plans).
Based on the preliminary planting plan, the CONSULTANT shall prepare final construction
plans, as showing trees, shrubs, ground cover, sod, quantities, details, technical specifications
and notes necessary for construction (90% plans).
Based on the 90% design and detail plans submittal and comments, the CONSULTANT
will prepare the lOO% design and detail plans, technical specifications and contract
documents for the construction of the landscape improvements.
CONSULTANT will provide budgetary opinion of construction cost for the preliminary
60% and final 90% plans submittal.
3.3 IRRIGATION DESIGN
CONSULTANT shall interview CLIENT for preferences of irrigation equipment.
CONSULTANT shall provide a conceptual irrigation plan based on the planting concept
roadway design and survey. Water source is to be potable supply. Plans will show proposed
meter locations, water connection equipment, and mainline (30% plans).
CONSULTANT shall provide a 60% irrigation plan based on the planting, roadway design
and survey. Water source to be potable supply. Plans will show proposed meter locations,
water connection equipment, mainline, head layout, piping, and equipment location. Water
source to be potable supply (60% plans).
Based on the 60% irrigation plan, the CONSULTANT shall prepare final construction plans,
as showing all piping, sleeving, sizes, flows, watering schedule, details and technical
specifications necessary for construction (90% plans).
Based on the 90% design and detail plans submittal and comments, the CONSULTANT
will prepare the lOO% design and detail plans, technical specifications and contract
documents for the construction of the irrigation improvements.
CONSULTANT will provide budgetary opinion of construction cost for the preliminary
~---
60% and final 90% plans submittal.
Section 4 Electrical Engineering Services
4.1 ELECTRICAL DESIGN
CONSUL T ANT shall provide roadway lighting design utilizing the CITY standard acorn type
fixtures. The design shall also incorporate receptacles at the base of each pole and within the
tree planters. Final drawings shall include specifications and cost estimates.
Electrical design associated with the proposed roadway lighting improvements utilizing the CITY
standard Acorn type fixtures as manufactured by Lumec or equal. Pole mounted assembly shall
include receptacles at the base of each pole.
Electrical design associated with the proposed receptacles within the tree planters along both sides of
the street, approximately 48 locations.
CONSULTANT shall coordinate the undergrounding of the overhead utilities including FPL,
Bellsouth and Adelphia (Comcast) extending from east to west. Crossings extending from north to
south are to remain. Each of the utilities shall complete their own construction documents which are
to be issued as separate contracts in addition to the above reference project.
Electrical design associated with and resulting from the undergrounding of the overhead utilities
including but not limited to sleeves at all intersections and relocation of service drops along the
corridor.
Design associated with any traffic signalization along Atlantic A venue between 6th street and lOth
Street to be completed by others shall not be considered part of this scope.
CONSULTANT shall attend meetings to questions regarding the electrical design.
4.2 SHOP DRAWING REVIEW
CONSULTANT shall review and approve (or take other appropriate action in respect of) shop
drawings and samples, the results of tests and inspections and other data which each Contractor is
required to submit, but only for confonnance with the design concept of the Project and compliance
with the infonnation given in contract documents (but such review and approval or other action shall
not exceed means, methods, sequences, techniques or procedures of construction or to safety
precautions and programs incident thereto) and receive and review (for general content as required
by the Specifications) maintenance and operating schedules and instruction, guarantees, bonds and
certificates of inspection which are to be assembled by Contractors(s) is in accordance with the
contract documents.
CONSULTANT shall issue all instructions of owner to contractor(s); issue necessary interpretations
and clarifications of the contract documents, have authority, as owner's representative to require
special inspection or testing of the work; act as initial interpreter of the requirements of the contract
documents and judge of the acceptability of the work there under, and make decisions on all claims
of owner and contractor( s) relating to the acceptability of the work or the interpretation of the work.
The engineer shall render all interpretations or decisions in good faith and in accordance with the
requirements of the contract documents.
Section 5 Meetings
CONSUL T ANT will attend one meeting with the CITY staff at the 60% design phase and one
meeting at the 90% design phase of the project. The meetings will be to review and comment on
the preliminary design and detail drawings, construction cost estimates, technical specifications
and contract documents. CONSULTANT will participate in Commission meetings and public
presentations related to the project as requested. Participation at Commission meetings and
public presentations will be invoiced on an hourly basis in accordance with Exhibit B of the
Agreement for General Consulting Engineering Services.
Section 6 Additional Services
The undertaking by the CONSULTANT to perform services defined within this scope of
professional services extends only to those services specifically described herein. If upon request of
the CITY, the CONSULTANT agrees to perform additional services hereunder, the CITY shall be
obligated to pay the CONSULTANT for the performance of such additional services an amount (in
addition to all other amounts payable under this Consulting Service Authorization) based on a lump
sum addendum or an hourly fee in accordance with the Agreement for General Consulting
Engineering Services executed by the parties to this Consulting Service Authorization back on April
8, 2004.
Additional services shall include revisions to work previously performed that are required due to a
change in the data or criteria furnished to the CONSULTANT, a change in the scope or concept of
the project initiated by the CITY, or services that are required by changes in the requirements of
public agencies after work under this Agreement has commenced.
If the preceding scope of professional services includes public agency permitting, our quoted
fees/hours include services to respond to the agency's first RAI (Request for Additional
Information). Additional agency requests or requirements shall be considered an increase to our
scope of services.
III. BUDGET
The Lump Sum contract amounts for the CONSULTANT to provide the professional services as
presented in Section II, Scope of Services, for West Atlantic A venue Beautification Phase 2 is listed
below:
TASK AMOUNT
Section 1 - Surveyine: Services
l.l Design Survey and Geometric Control Plan $9,000.00
l.2 Electro Magnetic Utility Designation Sub-consultant $5,300.00
Section 2 - Ene:ineerine: Services
2.l Construction Plans $23,800.00
2.2 Roadway Improvement Permitting Phase $4,800.00
2.3 Traffic Control Plan $3,400.00
Section 3 - Landscape Architectural Services
3.l Hardscape Plan $l2,320.00
3.2 Planting Plan $9,240.00
3.3 Irrigation Design $11,040.00
Section 4 - Electrical Ene:ineerine: Services
4.l Electrical Design $30,140.00
4.2 Shop Drawing Review $10,220.00
Section 5 - Meetine:s $5,000.00
Section 6 - Reimbursable Expenses $l,500.00
Grand Total $125,760.00
IV. COMPLETION DATE: February 2006
This service authorization is approved contingent upon the City's acceptance of and satisfaction
with the completion of the services rendered in the previous phase or as encompassed by the
previous service authorization. If the City, in its sole discretion, is unsatisfied with the services
provided In the previous phase or service authorization, the City may terminate the contract
without incurring any further liability. The CONSULTANT may not commence work on any
service authorization approved by the City to be included as part of the contract without a further
notice to proceed.
--- -- -- -----
CONSULTING SERVICE AUTHORIZATION
West Atlantic Avenue Beautification Phase 2
Approved by:
CITY OF DELRA Y BEACH: CONSULTANT: KEITH and SCHNARS, P.A.
Errol Kalayci, Vice President of Operations and
General Counsel
Date: Date:
By:
Mayor (Seal)
Witness
Witness
Attest: Attest:
BEFORE ME, the foregoing instrument, this
day of ,
20o_, was acknowledged by
on behalf of the
Corporation and said person executed the same free
and voluntarily for the purpose there-in expressed.
Witness my hand and seal in the county and State
aforesaid this day of
,20o_.
Notary Public State of Florida
My Commission Expires:
Approved as to Legal
Sufficiency and Form
----~
Date: 14 Julv 2005 AGENDA ITEM NUMBER: ~\\
0
AGENDA REQUEST
Request to be placed on:
~Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When: 19 Julv 2005
Description of Agenda Item (who, what, where, how much):
Request for Commission authorization/approval for Mayor to execute Service
Authorization #2 with Keith & Schnars, Inc. for design of hardscaping and landscaping
improvements along West Atlantic Avenue from 10th Avenue to 6th Avenue. The cost of
this Service Authorization is $125,760.00 for design services. Funding is available as
follows:
Account # Balance SA Amount
- 334-3162-541-65.24 $2,013,000.00 $113,184.00
v 441-5161-536-65.24 $ 86,900.00 $ 12,576.00
Total $125,760.00
Staff Recommendation: A~ ~
Department Head Signature: - - - - ~ ~b
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
t. w..Q,f1.(,A.) ¡",t. ,.,..,. 0 &.oJ ~""s
F nding Available: Yes / No Initials: YES
Account Number see above r\..(.,.J J. : 33 L ~ -uJ~ I~ Ct,,.J6+'t.U~'¡';",.J; ~..,cl 'I'll 06 ~ F-d. .
Description W Atlantic Av Beaùtifiction Phase 3 10 'Ör-A-J~AJI..A-ot..J-o L, 'l-L.Av.eN~
Account Balance: see above
lunding Alternati~ 'f..L . ~ _ (if applicable)
..J4~(t..\ot!-cJ: ð"l...Jl¿ ~. C. ~~ J ~ I'\- ~ + ~...,a;l F Do I - I~"-;Z J ~t.JcJ.r-..J 1
City Manager Review: Approved for Agenda: 'ffJ/ No Initials: ~
Hold Until:
Agenda Coordinator Review:
Received:
S:\EngAdmin \Projects\2004\2004-034\OFFICIAL \2005-07 -05 agenda.doc
MEMORANDUM
TO: MAYOR AND CI1Y COMMISSIONERS
FROM: CI1Y MANAGER tJJt1
SUBJECT: AGENDA ITEM # ßI REGULAR MEETING OF JULY 19,2005
REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: JULY 15,2005
Attached is the Report of Appealable Land Use Items for the period July 5, 2005 through July 15, 2005.
It infonns 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.\Clty Clerk\agenda memos\apagmem 071905
~ CITY COMMISSION DOCUMENTATION I
TO: DAVI~~D
THRU: PAUL DORLlNG, DIR T R OF PLANNING AND ZONING
FROM: rc?::7¡M.~ {i!/!fZøY'\,
SUBJECT: MEETING OF JULY 19, 20 *CONSENT AGENDA *
REPORT OF APPEALABL.: LAND USE ITEMS JUL Y 5, 2005 THRU JUL Y 15,
2005
I 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 July 5, 2005 through July 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 SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF JULY 13, 2005 I
A. Denied (4 to 1, Dan Carter dissenting, Mark Gregory stepped down and Jose Aguila
absent), a request for a waiver to the sign code for Gulfstream Business Bank, located at
the southeast corner of SE 5th Avenue and SE 9th Street (909 SE 5th Avenue), to allow the
placement of two flat wall signs to face the parking lot rather than facing the street frontage.
B. Approved (6 to 0), a Class I site plan modification involving elevation changes to the
existing roof for 2000 North Federal Highway (west side of North Federal Highway,
approximately 491' north of Allen Avenue).
C. Postponed with direction (6 to 0), a Class I site plan modification and architectural
elevation plans associated with the installation of an exterior exhaust duct for Bi-Low
Market, located on the west side of NW 8th Avenue, north of West Atlantic Avenue (24 NW
8th Avenue). The Board requested that the applicant address the previous comments
regarding the provision of a screening solution for the exhaust duct.
D. Approved with conditions (6 to 0), a Class II site plan modification and architectural
elevations associated with the construction of a new gatehouse and additional guest
parking for Delray Harbor Club, located on the east side of South Federal Highway, south
of SE 10th Street (1035 South Federal Highway). Concurrently, the Board approved the
following waivers:
City Commission Documentation
Appealable Items Meeting of July 19, 2005
Page 2
· Permitted the perimeter wall adjacent to Federal Highway to be located 5' within the
required 10' special landscape setback.
· Reduced the required perimeter landscape strip of the existing vehicular use area
adjacent to the park from 5' to 3'.
E. Postponed (6 to 0), a Class III site plan modification, landscape plan and architectural
elevation plan for Seagate Hotel at Atlantic Place, located on the south side of East
Atlantic Avenue, between Venetian Drive and Gleason Street. The Board postponed the
request pending the results of the proposed amendment to the Land Development
Regulations regarding resort condominium hotels.
F. Approved with conditions (6 to 0), a Class V site plan, landscape plan and architectural
elevation plan associated with the construction of a 12 unit condominium building for West
5th Condos, located on the west side of SE 5th Avenue, between SE 15t Street and SE 2nd
Street. Concurrently, the Board approved the following waiver and an internal adjustment:
· Reduced the required stacking distance from 100' to 64' between the property line and
the access gate within the covered parking area.
· Reduced the required 24' x 6' maneuvering area at the end of the parking tier to 26' x
4'.
I PLANNING AND ZONING BOARD I
No Regular Meeting of the Planning and Zoning Board was held during this period.
I HISTORIC PRESERVATION BOARD I
No Regular Meeting of the Historic Preservation Board was held during this period.
, RECOMMENDED ACTION ~
By motion, receive and file this report.
Attached: Location Map
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting -
JUL Y 19, 2005
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SPRAB - - - - - CITY L:MITS - - - - -
A. GULFSTREAM BUSINESS BANK
B. 2000 NORTH FEDERAL HIGHWA Y I ONE MILE I
C. BI-LO MARKET
D DELRA Y HARBOR CLUB GRAPHIC SCALE
E SEAGATE HOTEL AT ATLANTIC PLACE
F. WEST 5TH CONDO CITY OF DELRA Y BEACH. FL
PLANNING & ZONING DEPARTMENT
NOVEMBER 2004
- - DIGITAL BASE MAP SYSTEM --
MEMORANDUM
TO: MAYOR AND CI1Y COMMISSIONERS
FROM: CI1Y MANAGER ~
\
SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF JULY 19. 2005
AWARD OF BIDS AND CONTRACTS
DATE: JULY 15, 2005
This is before the City Commission to approve the award of the following bids:
1. Bid award to Conco Horticultural in the amount of $36,093.50 for the
installation of a landscape buffer at the Gateway Parks. Funding is available
from 119-4151-572-61.74 (Beautification Trust Fund/Gateway Parks).
2. Purchase award to Contemporary Controls & Communications, Inc. in the
amount of $41,328.67 for the purchase of nine (9) Flow Meters, one (1) Irrinet
with two (2) radios and eight (8) Scorpio Controllers for the West Linton
Boulevard Beautification Project. Funding is available from 119-4151-572-63.20
(Beautification Trust Fund/Landscaping/Beautification).
3. Purchase award to GameTime in the amount of $79,996.84 via Florida State
Contract #650-001-04-1 for playground equipment for Lake Ida Park. Funding
is available from 380-4150-572-63.26 (2004 G.O. Bond/Lake Ida Park).
4. Purchase award to GameTime in the amount of $39,692.11 via Florida State
Contract #650-001-04-1 for playground equipment for the Mike Machek Boy
Scout Park. Funding is available from 380-4150-572-63.25 (2004 G.O.
Bond/Boy Scout Hut Park).
5. Contract award to Chaz Equipment for the Swinton A venue Beautification
Project. Backup material for this item will be distributed on Monday.
Recommend approval of the above bids and purchases.
S:\Clty Clerk\agenda memo\Bld Memo 071905
-
DELRAY BEACH
f l 0 . IDA.
Memorandum tdtd
All-America City
Community Improvement ' III J!
Horticulturist
1993
2001
TO: DAVID T. HARDEN, CITY MANAGER
THROUGH: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT ®
FROM: NANCY DAVILA 'ëJ)Q
RE: ATLANTIC AVENUE GATEWAY PARKS-RECOMMENDATION FOR AWARD
OF BID- LANDSCAPE BUFFER- BID NO. 2005-25-PROJECT NO. 2003-002
DATE: JUNE 30, 2005
ITEM BEFORE THE COMMISSION:
The item before the Commission is the request for consideration of the award of bid for the installation of a
landscape buffer at the Gateway Parks, to Conco Horticultural in the amount of$36,093.50.
BACKGROUND:
The City is utilizing funding from the Florida Department of Transportation to provide a landscape buffer
along the back of both the north and south sides of the gateway parks, which will be the fIrst phase of the
gateway feature project currently being developed by the Community Redevelopment Agency.
The advertisement for bid was lssued on May 18, 2005, Wlth a bid opening date of June 6, 2005. Five
bidders subrmtted proposals as follows:
Conco Horticultural $ 36,093.50
Vila & Sons Landscaping Corporation $ 45,770.45
Tropics North, Inc. $ 53,519.66
Green Acres Lawn Services, Inc $ 56,591.40
Landscape Services Professionals $139,603.00
The City has done work previously with Conco Horticultural and has found them to be responsive and
reliable. They have been in business in Delray Beach for 24 years and recently did the work at the NE 3rd
Avenue Water Retention Areas.
RECOMMENDATION:
Staff has reviewed the bids for the Gateway Parks Landscape Buffer, Bid No. 2005-25, Project # 2003-002
and recommends the City Commission give favorable conslderation to the award of bid to Conco
Horticultural in the amount of $ 36, 093.50
FUNDING:
Funding will be reimbursed through a Joint Participation Agreement with the Florida Department of
Transportation, not to exceed $40,000. The execution of the JPA is being approved concurrently (separate
item on the agenda) with the recommendation of the award of bid.
~.~
LANDSCAPE IMPROVEMENTS
FOR ATLANTIC AVENUE GATEWAY PARKS
CITY OF DELRAY BEACH PROJECT NO. 2003-e02
BID NO. 2015-25
ITEM EST. CONCO VILA '" SON TROPICS NORTH, GREEN ACRES LANDSCAPI:
DESCRIPTION UNIT LANDSCAPING LAWNSDVICES SERVICI:
NO. QTY. HORTICULURAL COIU'ORATlON INC 1Ne. PROnssIONALS
13 MACHO FERN EA 100 $ 750 $ 1090 $ 1432 $ 1100 $ 8.50
NeproleplS faIcata $ 750 00 $ 1,090 00 $ 1,43200 $ 1,10000 $ 850.00
18" Ht x 12" spd
3-Ga1100, 24" 0 c.
14 FLORI MULCH CY 270 $ 40.00 $ 38.22 $ 3255 $ 3300 $ 3200
3" Depth all Pla1ttmg Beds $ 10.800.00 $ 10.31940 $ 8.788.50 $ 8.91000 $ 2.688 00
15 INDEMNIFICATION 1 $ 850.00 $ 1000 $ - $ 1000 $ 10.00
Per Contract $ 850 00 $ 10.00 $ - $ 10.00 $ 1000
16 FERTILlZl:R LBS 1400 $ 0.85 $ 196 $ 0.87 $ 1.00 $ 71.50
I.esoo 14-4-14 $ 1,190.00 $ 2,744 00 $ 1,21800 $ 1,400 00 $ 100,100.00
17 MYCORRHIZAL LBS 85 $ 21.40 $ 5710 $ 24.83 $ 28.24 $ 60.00
INOCULATE $ 1,81900 $ 4,85350 $ 2,110.55 $ 2.400.40 $ 5,100.00
18 TOTAL EVAWATED $ 36,09J.50 $ 45.770.45 $ 53,519.66 $ 56,591.40 $ 139,603.80
BID ITEMS I THRU 17
v_~
mdooDmfi_ os $ISO, v............. A-
S"",, bstSIO~ No mdOlmJlficaboø CaIuIobon enor on daD -. No qty's ..... ...
enur... 1"'" 1#16& 17 Comet 1__._1#15 1#16 1_14,15,16,& 17
Bid Tabulation 2005-25
06107/2005
LANDSCAPE IMPROVEMENTS
FOR ATLANTIC A VENUE GATEWAY PARKS
CITY OF DELRAY BEACH PROJECT NO.100J..001
BID NO. 1005-15
ITEM EST. CONCO VILA a SON TROPICS NORTH, GRD:N ACRJ:S LANDSCAPE
DESCRIPTION UNIT LANDSCAPING LAWN SERVICES Sl:RVICI:
NO. QTY. IIOlITICULURAL CORPORATION INC INC. PROFESSIONALS
1 DWARFMALAYANCOCONL~ EA 12 $ 13300 $ 227 25 $ 203 00 $ 1500 00 $ 35850
Cocos nucifera 'Malayan' $ 1,5%00 $ 2,72700 $ 2,436.00 $ 18,000 00 $ 4,302 00
8'Ht OA
Price mcludes staking.
2 SENEGAL DATE PALM EA 6 $ 750.00 $ 1,266 25 $ 2,468.00 $ 1,000.00 $ 558.50
Phoenix reclmafa $ 4,500 00 $ 7,59750 $ 14.808.00 $ 6,000.00 $ 3,351.00
15' Ht O. A; 5 stems MID.
Pnce iDcludes slaking.
3 CABBAGE PALM EA 4 $ 13500 $ 182.50 $ 336.00 $ 275.00 $ 433.50
SabaI pølmetto $ 540 00 $ 730.00 $ ],344 00 $ 1,]00.00 $ 1,734.00
24' Ht OA
Pnce iDcludes staking.
4 CABBAGE PALM EA 6 $ 13500 $ 178.40 $ 309 00 $ 25000 $ 383 50
SabaI pøImetto $ 810 00 $ 1.070.40 $ 1.854 00 $ 1,500 00 $ 2,301.00
2O'Ht,OA
Price mcludes staking.
5 CABBAGE PALM EA 9 S 135.00 $ 172 95 $ 259.00 $ 200 00 $ 333 50
Saba! palmetto S 1,215.00 $ 1,55655 $ 2,331.00 $ 1,80000 $ 3,001.50
16'Ht OA
Price iDcludes slakIng.
6 CABBAGE PALM EA 8 $ 13500 $ 16880 $ 259.00 $ 200.00 $ 283.50
SabaI pøImetto $ ],080.00 $ 1,35040 $ 2,072.00 $ 1,600.00 $ 2,268.00
12'Ht,OA
Price includes staking.
7 CABBAGE PALM EA 6 $ 13S00 $ 163.10 $ 22700 $ 12000 $ 233.50
SabaI palmetto $ 8]000 $ 978 60 $ 1,36200 $ 720.00 $ 1,401.00
8' Ht, O.A
PrIce iDcludes staking.
8 SEAGRAPE 'I'RJ:J: EA 6 $ 190.00 $ 212.50 $ 26800 $ 20000 $ 229.50
CocœIoba UYlfera $ 1,140 00 $ 1,27500 $ 1,608.00 $ 1,20000 $ ],37700
]0' Ht x 8' SpdMuIti-stem
Price includes sIakmg.
9 BLACK IIl()NWOOD EA 18 $ 9S.00 $ 139.50 $ 13600 S ]20 00 S 188 50
Krugiodendron ferrewn $ 1,710.00 $ 2,5] 1.00 $ 2,44800 $ 2,160 00 $ 3,393.00
6'-8' Ht. 1S-Galloo
Price IIIcludes slakIng.
]0 mGIIRISJ: UVJ: OAK EA ]2 $ 469.00 $ 38] 45 $ 537.00 $ SOO 00 $ 484.50
Quercus virg1IIJ8118 'HIgbnse' $ S,628.00 $ 4,577 40 $ 6,444.00 $ 6,000 00 $ 5,814.00
14' Ht, 5' Spd.. 2 ]/2" Cat
PrIce mcludes sta1ang.
11 VAltŒGATED GINGER EA 68 $ BOO $ IS 60 $ 20.36 $ 2000 $ 13.00
Alplllia zerumbet 'wriegala' $ 748 00 $ 1.060 80 $ 1,384.48 $ 1,360.00 $ 884.00
24" Ht x 18" spd
3-Ga1lOll, 48" o.C.
12 WILD COFFEE EA 12] $ 750 $ ]0.90 $ ]S 53 S B.OO $ 8.50
PsycboIna ncrvosa $ 90750 $ 1.318.90 $ 1.87913 $ 1,331.00 $ 1,02850
18" Htx ]8" spd.
3-Ga11on, 36' 0 c.
Bid Tabulation 2005-25
0610712005
Date: July 11,2005 Agenda Item No. ~1.i.
AGENDA REQUEST
Agenda request to be placed on:
~ Regular _ Special _ Workshop _ Consent
When: July 19,2005
Description of Agenda Item: Bid Award for Landscape Buffer - Atlantic Avenue
Gateway Parks Bid No 2005-25 Project No. 2003-002
OrdinanceIResolution Required: Yes / No Draft Attached: Yes / No
Recommendation: Approval
Department Head Signature: ~~/~/ - ·
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
--¡rJ Funding A vailable: ~ ~o ¡1:Þ
Funding Alternatives: . (if applicable) , .
Account # & Description: IIq~ "ISJ.-5"Î~ -M, 1'1 ~-f¡þt4A-1Ùr¡ ~¡l - 1f+/~L~
~ ~ð\~ 'E' ~ t.?tl/vd1i1n o.f- 6nJ-tvJ~ f~t5
City Mana er Revie\V: ~~\ -:)D'lvv-r-f^'(-t\~ ~ ûn
e~~
Approved for agenda: f!j1 / No '1JJÎ
Hold Until: (/1 1
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved
------
DELRA Y BEACH
f l 0 . I 0 "
Memorandum tJ.tI&d
All-America City
Community Improvement ' III I!
Horticulturist
1993
2001
TO: DAVID T. HARDEN, CITY MANAGER
THROUGH: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT tb
FROM: NANCY DAVILA ?1{;)_
RE: WEST LINTON BOULEVARD - JUSTIFICATION OF PURCHASE OF
MOTOROLA IRRIGATION CONTROLLER S
DATE: JUlY, 6, 2005
ITEM BEFORE THE COMMISSION
The item before the Commission is the award of bid to Contemporary Controls & Communication, Inc.,
for a sole source purchase of Motorola SCOrpIO and Irrinet irrIgation Controllers and Flow Meters. The
total cost of 9 Flow Meters, I Irrinet with two radios and 8 Scorpio Controllers is in the amount of
$41,328.67.
BACKGROUND
The City's Parks Department utilizes the Motorola Scorpio/Irrinet irrigation controls system to momtor
head, valve and lme breaks and to document water use. These controllers are specified for major irrigation
projects, such as the beautification of West Linton Boulevard.
In December 2004, the Consultant prepared a cost estimate for the project that was considerably over
budget. The supplIer of the controllers, Contemporary Controls, charges a sigmficant difference in price,
depending on whether the City purchases the umts, or whether a contractor purchases them. It was
identIfied that the City could save approxImately $60,000 by purchasing the units and then having the
lITIgatIon Contractor install them. The estimated cost of the units provIded and installed by a Contractor is
$100,000, and the City can purchase the units for $41,328.67.
The Irrigation and Landscaping bids for West Linton Boulevard were issued, and line items # 40 and 41
addressing the Scorpio and lrrinet controllers mdIcated the units would be purchased by the City and
installed by the Contractor. Although the Flow Meters were originally to be provided and installed by the
Contractor, the 9 flow meters will be deleted by a change order at a later date to provide a further savmgs
of $9,000.00.
RECOMMENDATION
Staff recommends the City Commission give favorable consideration to the purchase of the Irrinet,
Scorpios and Flow Meters from Contemporary Controls & Communication, Inc. in the amount of
$41,328.67 for the West Linton Beautification project. Funding is available 119-4151-572-63.20.
~::r-êL
12/09/2004 18:12 56127F,3869 DAVE BODKER I '\ND ARC PAGE 02
Control Precipitation' Design Inc.
P.O. Box 2268
Boca Raton, Fl. 33437
To: Dave BocIIcer
Date: Dec. 8,2004
Subject: Linton Blvd. Medians
In response to the 12106/04 memo fTom Nancy Davila Re. Her correspondence fTom Joe
Weldon and David Harden as to the Linton Blvd. Budget we understand our cost estimate
to be above the city's budget, however we designed the system to meet the city's needs
for the Motorola Central system and to provide a proper system to meet public safety
concerns and Palm Beach County Roadway standards.
Our cost estimate included new Motorola Irrinet or Scorpio units as requested by the city.
Our cost estimate for the units was $100,000_00 based on pñcing obtained trom
Mororola's supplier_ The memo indicated the city's cost for these units would be
$40,545.00. This would result in a cost savings over our estimate of$59435.00
From working with other municipalities which purchase and install the units Deny could
realize these savings over our estimate.
We proposed to replace the existing pump stations with new units which are the same as
the units being used by Palm Beach County which meet line of sight issues. Included was
rust control tanks in vaults as opposed to being above ground. This cost item totaled
555,000_00. The existing pump stations could be reused with repair and pump
replacement at a significant savings (estimated $40,000.00) but aœ potential hazards to
line of sight issues.
Finally, we proposed to repipe aU the medians as the existing sprinkler head spacing is
stretched beyond head to head coverage and may result in over throw onto the roadway
when attempting to provide complete overlapping coverage:. Our plans can fOT all heads
to be 12" otfback of curb which complies with the county standards.
We will work with the city to bring the budget back in line with the city's budget, but
only if safety issues are not compromised. The city may consider installing conventional
irrigation controllers at each pump station until it has the money to install the Motorola
Computer units. The systems could easily be retrofitted to the computer units. The cost to
install conventional inigation controllers would be approximately $7,500.00 and would
12/0'3/2004 18: 12 5612y....S6'3 DAVE BODKER I ~ND ARC PAGE 03
result in rost savings of $92,500 óver our original estimate or $33,000_00 over the city's
cost for the units.
We will wait for the city's response and work with them to meet budget concerns as best
we can.
Sincerely:
Dick Harrison
lAC. J.D.
05/17/2005 14'21 FAX III 003/004
~ ContemporRTy Controls
& Communications, Inc.
P.O Bœ 72!J lABclk, Rams USA
BliJ.615.231.2 . Fta B63.675.7J.4Ø 1I1fI1W,~
NAME / ADDRES5 PROPOSAL
arv OF DELRAY BEACH
lOONW 1st AVENUE DATE ESTIMATE"
ŒL8AYBEACT-I. FLORIDA 33444
AT'I'ENTtON: Th'n Sümnœs 511712005 ~16
P.O. NO, TERMS DUE DATE REP FOB PROJECT
Due an KCCipt 511711005 DLH
ITEM DESCRIPTION QTY COST TOTAL
LINTON BLVD
f2874B UHF t5W zj kHZ Di\NDWJDl1l MCS2000 1 5.J93.75 5.19375
V226 IR.lUNET EXPAND CPU TO 2ND RADIO AND 1J'NE 1 <104.69 404.69
PORTS
VS24 DUUNIIT-ADD SECOND RADIO. UHF (4~70) loPl 1 1,995.11 J.99Hl
2W*
Sß.24SS 24·SS~ 1 1.843.75 1.843.7$
IÐ..ß..3.,AC MOTOROLA AC SWITCBA'8Œ OUTPUT 2 250.4$ 500.90
f'ROIECTlON
NM04000 JAW ProtiJe UHF 4s0.470 MHz 3db Mobile Antama wi 2 flUS 222.16
Cable and Cœoecttn
INSTALLA'J'lON ts NOT INCUIDEI>.
$JO.161.16
(O.O%) SO.OO
TOTAL $10.161.16
SIGNATURe
AJd:Jroriud
AfOTOROLA
SII1es & &rvü:e
05/11/2005 14:28 FAX lift 002/004
~ Conœmporøry Controls
& Communications, Inc.
p.o. Bar 7J91..øBdk, n 33975l.ISA
8&3.615.2372 Ra- 863.675.'7140 tvfI1fD.in1-sud4 tWff
NAME I ADDRESS PROPOSAL
CITY Œ' DEUtA y BEACH
100NW 1ltAVBNUE DATE ESTIMATE #-
J:>EUtAYBEACH, FT..o16DA 33444
A'l"lENTION: ruu SÏInmIIIR\ ~7n.oos 561S
P.O. NO. TERMS DUE DATE REP FOB PROJECT
nœ aI\ mx:ipt 511712005 Dill
ITEM DESCRIPTION aTY COST TOTAl
LINTON BLVD
'F2848A SCORPIO AC 2W URF (450-470 ~)')/3 VO 8 1,$35.94 12.,287.52
SB-18SS STA1NLE3S-S1'EEL CONTROLLER ENCLOSt1RE 8 1,609.31 12,fr7S.04
NM04000 Low Pru61e UHF 450-470 ~;db Mobile ADIama wi 8 111.38 891.04
Cable aud CorInWors
ML8-3-AC M01OROLAAC $WtTCHABLE OumIT 8 250.45 2.003.fiO
PRO'l.'f...cT1ON
1NSI'AIJ..,A11ON JB NOT 1NCLUDED.
S28,.0S7 .20
(0.0%) $0.00
TOTAL S28,OS7 .20
SIGNATURE
A1dhorized
WlO"I'OROLA
Søks lit Suviœ
~ 004/004
~/17/2005 14 27 F~X
~ Contetnponuy Controls
& Communications, Inc.
.P.o. Bar m lø~ n.. 339751ls.4
863.675.237J . 1U 8Ii3.675.'11.4D ff1IÐ'IV.~a.
NAMe I ADDRESS PROPOSAL
CITY OF DELRA Y BEACH
100 NW 1st A VE.NUE DATE. ESTIMATE .
DEI..'RA Y BEACH, FLORIDA 33444
ATŒNìION: Tim Simmoos SlJ7/200S 5618
P.O. NO. TERMS DUE DATE REP FOB PROJECT
Due on nœipt 5IJ1flOOS DUI LaBeJIe
ITEM DESCRIPTION aTV' COST TOTAL
36WMR2TtO r ARAD FLOW MmER 10 Pt.J1.,SE ~ 34S.S9 1,1ð4 R
e¡ f a Ij () . aJ
'7
^/~I
~(
O· ~
~ 3,'/ .
INSTAU..A11QN. IS NOT1NC1,UŒI). " d* /I D . a I
t!.'M1.}4:- .
(0.0%) $0.00
TOTAL S2, 764.72
,
SIGNATURE
.t'bd1wri%etl
IWOTOIIOLA
S41es & Senñce
Date: July 11,2005 Agenda Item No. N- ~
AGENDA REQUEST
Agenda request to be placed on:
_X_Regular _ Special _ Workshop Consent
-
When: July 19,2005
Description of Agenda Item:
Bid Award to Contemporary Controls & Communications, Inc., for Purchase oflrrigation
Controllers and Flow Meters for West Linton Blvd
Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No
Recommendation: Approval
Department Head Signature: ~~ ---
City Attorney ReviewIRecommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: (j;) / No U7f
Funding Alternatives: (if applicable)
Account # & Description: Ily - <{ I ~ / - 57 Z. (,,3 - 2 V
. 0YlJSCtLp;,,?; (~<.t/¡;C~¢)~
CIty Manager RevIew:
Approved for agenda: &/ No [1
Hold Until: .
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved
-
[IT' DF DELRA' BEA[H
DELRAY BEACH
, lOR I [) "
tdb:II
AII·America City 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 561/243-7000
, III I!
1993 MEMORANDUM
2001
TO: David Harden, City Manager
FROM: Joe Weldon, Director of Parks and Recreation
SUBJECT: Playground Equipment for Lake Ida Park
DATE: July 12, 2005
Attached please find a quote from GameTime for the "Whirlwind and Anchors
Away" model playground equipment and tot lot at Lake Ida Park in the
amount of $79,996.84. The price includes all materials and supplies for
installation, including the handicapped accessible playground surfacing.
This price is offered in accordance with Florida State Contract #650-001-
04-1. Special promotional pricing for this product includes free freight
and equipment installation if purchased by December 1, 2005,
Installation and freight shown in the quotation are for the installation
and freight of the playground safety surface. Funding for this equipment
is available in account #380-4150-572-~.
IP3, *
Please place this on the July 19, 2005 agenda for City Commission
consideration.
Parks and Recreation
Attachment
cc: Carolanne Kucmerowski, Agenda Coordinator
Ref:dhlkidapg
@ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS ~03
GärnëTiíïïe~ GAMETIME
clo Dominrca Recreation Products
P.O. Box 520700
Longwood, FL 32752-0700
Enriching Childhood Through Play... Phone: (407)331-0101
Date: 7/1/2005 Toll Free. (800)432-0162
Quote No.: 251418202 Facsimile: (407)331-4720
Contact: Barry Lock
E-mail: barryl@gametime.com
GameTime Quotation
City of Delray Beach Ship to Zip: 33444
Attn: Mr. Joe Weldon Telephone: (561)243-7251
For: Lake Ida Park - Option #5 Facsimile: (561)243-7268
50 N.W. 1st Avenue
Delray Beach, FL 33444
QTY ITEM DESCRIPTION Ext Weicht Price Ext Price
1 DRP532 Whirlwind Experience - SALE 45,537.00 $45,537.00
1 RP531 M Anchors Away/Modified - SALE 22,107.00 $22,107.00
42 3783 Playcurbs - Black 966 51.00 $2,142.00
1 3793 2' Playcurb Pkg-Black 10 37.00 $37.00
1 4858 Access Playcurb-w/Adap-Black 97 386.00 $386.00
2 161290 Geo- Textile 2250 Sq Ft Roll 120 355.00 $710.00
11 161292 Wear Mat 44"X48" 627 105.00 $1,15500
1 EWF 4320SF GTIMPAX. Wood Fiber 5,018.00 $5,018.00
Total weight: 1,820 Sub-total: $77,092.00
Installation: $1,776.00
Calculated Freight $1,128.84
Total: $79,996.84
- Free freight and free instalation included in the base pricing for the Whirlwind Expenence and the Anchors' Away
systems if purchased by December 1, 2005, under the DRP 36th Anniversary Sale. Pricing in accordance with Florida
State Contract #650-001-04-1.
- Installation and freight shown above is for the Playcurbs and GTIMPAX. wood fiber safety surfacing.
This quotation is subject to policies in the current GameTime Park and Playground Catalog and the following terms and conditions. Our quotation is based on
shipment of all items at one time to a single destinatron, unless noted, and changes are subject to price adjustment Purchases in excess of $1 ,000.00 to be
supported by your written purchase order made out to GameTime, c/o Dominica Recreation Products. Kindly Issue one order for the equipment and a separate
order for surfacing and/or equipment installation services.
Pricing: f.o.b. factory, firm for 30 days from date of quotation.
Payment terms: payment in full, net 30 days subject to approval by GameTime Credit Manager. A 15% per month finance charge will be imposed on
all past due accounts. Equipment shall be invoiced separately from other services and shall be payable in advance of those services and project
completion. Retalnage not accepted.
Shipment: order shall ship within 30-45 days after GameTime's receipt and acceptance of your purchase order, color selections, approved submittals, and
receipt of deposit, if required.
Freight charges: Prepaid and added at time of invoiCIng.
Taxes: State and local taxes, if applicable, will be added at time of invoicing unless a tax exempt certificate is provided at the time of order entry.
Receipt of goods: Customer shall receive, unload and inspect goods upon arrival, noting any discrepancies on the Delivery Receipt prior to written
acceptance of the shipment.
Exctusions: Unless specifically included, this quotation excludes all site work and landscaping; removal of existing equipment; acceptance
of equipment and off-loading, storage of goods prior to installation; equipment assembly and installation; safety surfacing; borders and
drainage provisions, signed/sealed engineering drawings, permits and any related fees.
Installation: shall be by a Certified GameTime Installer. Customer shall be responsible for scheduling coordination and site preparation Site
should be level and permit installation equipment access. Purchaser shall be responsible for unknown conditions such as buned utilities,
tree stumps, bedrock or any concealed materials or conditions that may result in addltronallabor or material costs.
Page 1 of 2
Date: 7/1/2005 Project:
.
QU9te No.. 251418202 Ship Zip: 33444
To order: Please complete the acceptance portion of this quotation and provide color selections, purchase order copy and other key information
requested Acceptance of this proposal Indicates your agreement to the terms and conditions stated herein
Order information
Bill to: Ship to:
Contact: Contact·
Address: Tel: Fax:
Address: Address:
City, State, Zip: City, State, Zip
Acceptance of Quotation:
Accepted by: P.O. No:
Signature: Date:
Title: Telephone:
Purchase amount: $79,996.84 Facsimile:
F: \vGnreports\3.3.2\R3Q2. rpt
3.3 22.06.20.05.3.2.5
Page 2 of 2
Weldon, Joseph
From: Mike and Karen Cruz [mkcruz@bellsouth net]
Sent: Thursday, June 02, 2005 9:32 AM
To: Weldon, Joseph; Larry Buttell; Mike and Karen Cruz; Chester Kwasniewski, Dave and Betsy
Mackarey; Rick Mlyares; JoAnn Peart; Todd Wilson
Subject: Playground Equipment
Joe,
Thank you for the excellent GameTime playground plans.
I've met with a number of families and we have
selected the following designs:
Boy Scout Hut: "Twist N' Shout-Modified" design,
"Mountain" color palette
Lake Ida Park-Tot Lot: "Anchor's Away" design, "Sand"
color palette
Lake Ida Park: "Topsy Turvy" design, only if two or
three shade coverings can be added, similar to the
"Whirlwind Experience" design. If shade can't be
added to "Topsy Turvy", we would choose the "Whirlwind Experience". For either design, we
would want the "Sand" color palette.
We would also like to request the following for the
Lake Ida Park:
1. Swing sets, ideally 4 regular seats and 2 enclosed
tot seats. The current swings at this park are the
most popular attraction. These would be sorely missed
if there was no replacement.
2. Instead of wood mulch, we would like either rubber
matting or rubber mulch as the flooring in the play
area. There has historically been a problem with fire
ants in the mulch at Lake Ida Park. We understand
rubber mulch does not breed or attract insects, is
safer than wood mulch, and lasts a lifetime.
Thank you for asking for our input to these exciting
projects. We all look forward to the day when our
residents can enjoy these parks.
Sincerely,
Mike Cruz
President
Lake Ida Property Owners Assoc.
1
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-3
Date: July 12, 2005 AGENDA ITEM NUMBER: <60 ~.
AGENDA REQUEST
Request to be placed on:
_Consent Agenda ~Regular Agenda _Workshop Agenda _Special Agenda
When: July 19, 2005
Description of Agenda Item (who, what, where, how much): Request approval
to award purchase of "Whirlwind" and "Anchors Away" models of playground
equipment and tot lot, freight and installation for Lake Ida Park on Florida
State Contract #650-001-04-1 in the amount of $79,996.84 to be funded out of
account #380-4150-572~
to?, z f.,
Department Head
Signature:
City Attorney Revie ecommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding AvailabltQ¡ No Initials: ue
380 -Lf¡Q) - 5:!Z, (,3 - 2 (p
Account Number
Description 1Al-t {d~ ~L
Account Balance: 328 , (p~ l. ~ l,o
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agenda: 6J I No Initials: ffJJ!
Hold Until:
Agenda Coordinator Review:
Received:
--
-
[IT' DF DELRA' BEA[H
DElRAY BEACH
F lOll I [) Ai
Þad 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 561[243-7000
All-America City
, III I!
1993 MEMORANDUM
2001
TO: David Harden, City Manager
FROM: Joe Weldon, Director of Parks and Recreation
SUBJECT: Playground Equipment for Nike Machek Boy Scout Park
DATE: July 12, 2005
Attached please find a quote from GameTime for the "Twist and Shout"
model playground equipment at Mike Machek Boy Scout Park in the amount of
$39,692.11. The price includes all materials and supplies for
installation, including the handicapped accessible playground surfacing.
This price is offered in accordance with Florida State Contract #650-001-
04-1. Special promotional pricing for this product includes free freight
and equipment installation if purchased by December I, 2005.
Installation and freight shown in the quotation are for the installation
and freight of the playground safety surface. Funding for this equipment
is available in account #380-4150-572-63.25.
Please place this on the July 19, 2005 agenda for City Commission
consideration.
W~
Parks and Recreation
Attachment
cc: Carolanne Kucmerowski, Agenda Coordinator
Ref:dhbshutpg
@ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS <6::S-:~
GšïDöTiíïïc@ GAMETIME
c/o Dominica Recreation Products
P.O. Box 520700
Longwood, FL 32752-0700
Enriching Childhood Through Play.. Phone: (407)331-0101
Date: 6/28/2005 Toll Free: (800)432-0162
Quote No.: 251417902 Facsimile: (407)331-4720
Contact: Barry Lock
E-mail: barryl@gametime.com
GameTime Quotation
City of Delray Beach Ship to Zip: 33444
Attn: Joe Weldon, Dir. of Pks. and Rae. Telephone: (561)243-7251
For: Sor8eout Hut - Option #1 Facsimile: (561)243-7268
50 NW 1st Avenue
Delray Beach, FL 33444
QTY ITEM DESCRIPTION Ext Weicht Price Ext Price
1 DR513M Twist'N'ShoutlModified - Sale 31,57300 $31,573.00
1 161290 Geo-Textile 2250 Sq Ft Roll 60 355.00 $355.00
1 161291 Geo-Textile 1125 Sq Ft Roll 35 177.00 $177.00
4 161292 Wear Mat 44"X48" 228 105.00 $420.00
1 EWF 2375SF GTIMPAX. Engineered Wood fiber 3,166.77 $3,166.77
Total weight 323 Sub-total: $35,691.77
Installation: $3,800.00
Calculated Freight $200.34
Total: $39,692.11
- Free freight and equipment installation included in the base pricing for the Twist'N'ShouUModified if purchased by
December 1, 2005, under the DRP 36th Anniversary Sale
- Freight shown is for geotextile underlay fabric and wear mats for safety surface system. Installation
pricing shown is for site preparation/12" excavation and haul-away and Installation of wood fiber.
This quotation is subject to policies in the current GameTime Park and Playground Catalog and the following terms and conditions. Our quotation is based on
shipment of all items at one time to a single destination, unless noted, and changes are subject to price adjustment. Purchases in excess of $1.000.00 to be
supported by your written purchase order made out to GameTlme, clo Dominica Recreation Products. Kindly issue one order for the equipment and a separate
order for suñacing and/or equipment installation services
Pricing: f.o.b. factory, firm for 30 days from date of quotation.
Payment terms: payment in full, net 30 days subject to approval by GameTime Credit Manager. A 1.5% per month finance charge will be imposed on
all past due accounts. Equipment shall be invoiced separately from other services and shall be payable in advance of those services and project
completion. Retalnage not accepted.
Shipment: order shall ship within 30-45 days after GameTime's receipt and acceptance of your purchase order, color selections, approved submittals, and
receipt of deposit, if required.
Freight charges: Prepaid and added at time of invoicing.
Taxes: State and local taxes, if applicable, will be added at time of invoicing unless a tax exempt certificate is provided at the time of order entry.
Receipt of goods' Customer shall receive, unload and inspect goods upon arrival, noting any discrepancies on the Delivery Receipt prior to written
acceptance of the shipment.
Exclusions: Unless specifically included, this quotation excludes all site work and landscaping; removal of existing equipment; acceptance
of equipment and off-loading; storage of goods prior to installation; equipment assembly and installation; safety suñacing; borders and
drainage provisions, signed/sealed engineering drawings, permits and any related fees.
Installation shall be by a Certified GameTime Installer. Customer shall be responsible for scheduling coordination and site preparation Site
should be level and permit Installation equipment access. Purchaser shall be responsible for unknown conditions such as buried utilities,
tree stumps, bedrock or any concealed materials or conditions that may result in additJonallabor or material costs.
To order: Please complete the acceptance portlon of this quotation and provide color selections, purchase order copy and other key information
requested. Acceptance of this proposal indicates your agreement to the terms and conditions stated herein.
Page 1 of2
Date: 6/28/2005 Project:
Qûote No.~ 251417902 Ship Zip: 33444
Order information
Bill to: Ship to:
Contact: Contact:
Address: Tel: Fax:
Address: Address:
City, State, Zip: City, State, Zip
AcceDtance of auotatlon:
Accepted by: P.O. No:
Signature: Date:
Title: Telephone:
Purchase amount: $39,692.11 Facsimile:
F: \vGT\reports\3.3.2\R3Q2. rpt
3.3.22.06.20.05.3.2.5
Page 2 of 2
Weldon, Joseph
From: Mike and Karen Cruz [mkcruz@bellsouth.net]
Sent: Thursday, June 02, 20059:32 AM
To: Weldon, Joseph; Larry Buttell; Mike and Karen Cruz; Chester Kwasniewski; Dave and Betsy
Mackarey; Rick Miyares; JoAnn Peart; Todd Wilson
Subject: Playground Equipment
Joe,
Thank you for the excellent GameTime playground plans.
I've met with a number of families and we have
selected the following designs:
Boy Scout Hut: "Twist N' Shout-Modified" design,
"Mountain" color palette
Lake Ida Park-Tot Lot: "Anchor's Away" design, "Sand"
color palette
Lake Ida Park: "Topsy Turvy" design, only if two or
three shade coverings can be added, similar to the
"Whirlwind Experience" design. If shade can't be
added to "Topsy Turvy", we would choose the "Whirlwind Experience". For either design, we
would want the "Sand" color palette.
We would also like to request the following for the
Lake Ida Park:
1. Swing sets, ideally 4 regular seats and 2 enclosed
tot seats. The current swings at this park are the
most popular attraction. These would be sorely missed
if there was no replacement.
2. Instead of wood mulch, we would like either rubber
matting or rubber mulch as the flooring in the play
area. There has historically been a problem with fire
ants in the mulch at Lake Ida Park. We understand
rubber mulch does not breed or attract insects, is
safer than wood mulch, and lasts a lifetime.
Thank you for asking for our input to these exciting
projects. We all look forward to the day when our
residents can enjoy these parks.
Sincerely,
Mike Cruz
President
Lake Ida Property Owners Assoc.
1
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Date: July 12, 2005 AGENDA ITEM NUMBER: ~ ~
AGENDA REQUEST
Request to be placed on:
_Consent Agenda LRegular Agenda _Workshop Agenda _Special Agenda
When: July 19, 2005
Description of Agenda Item (who, what, where, how much): Request approval
to award purchase of "Twist and Shout" model playground equipment, freight and
installation for Mike Machek Boy Scout Park on Florida State Contract #650-001~
04-1 in the amount of $39,692.11 to be funded out of account #380-4150-572-63.25.
Department Head JL
Signature:
City Attorney Revie ecommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Q No Initials: IAÁ.
r-
Account Number 3$'O --c.fl Çl} --5 72 .& 3 -2)
Description ~CL1 Sc õU +- f-k.¿ :p~ (L
Account Balance: ~ 2(P2¡ 29&. 8~
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agenda: e I No InitialS:-9--
Hold Until:
Agenda Coordinator Review:
Received:
MEMORANDUM
TO: MAYOR AND CI1Y COMMISSIONERS
FROM: CI1Y MANAGER ~
SUBJECT: A ENDA ITEM # - RE ULAR MEET IN F ULY 19 2005
SWINTON AVENUE BEAUTIFICATION PHASE II. BID AWARD.
PROJECT # 2001-054
DATE: JULY 18, 2005
This is before the Commission to approve the award of the following bid.
5. Contract award to Chaz Equipment Co., in the amount of $1,154,230.00 (City contribution
$747,956.00; CRA contribution $406,274.00) for Beautification Improvements along Swinton Avenue
from S.W./SE 2nd Street to Lake Ida Road and N.W. 151 Street from N.W. 1'1 Avenue to N. Swinton
Avenue. Funding is available from 119-4151-572.60-69 (after the transfer and contribution from
CRA).
Recommend approval of above bid to Chaz Equipment Co. for Swinton A venue Beautification
Phase-II.
S'\City Clerk\AGENDA COVER MEMOS\Clty Manager Memos\CM Memo BId award to Chaz Equlpment-Swmton Ave Beautificatton 11-
071905.doc
,
to;;
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO: David T. Harden ~
FROM: Randal L. Krejcarek, P.E. A
DATE: 16 July 2005
SUBJECT: Swinton Avenue Beautification Phase II
Bid Award
Commission Agenda Item
Project # 2001-054
The attached agenda item is for Commission authorization/approval for Mayor to execute contract with
Chaz Equi¡ment Co., Inc for construction of Beautification Improvements along Swinton Avenue from
SW/SE 2" Street to Lake Ida Road and NW 1st Street from NW 1st Avenue to N Swinton Avenue.
Improvements include paver cross walks, paver sidewalks (between SW/SE 2"d St and NW/NE 2"d St as
well as on NW 1st Ave.) and decorative street lights.
This project also includes the installation of underground interconnect fiber optics for the signalized
intersections along this corridor. Palm Beach County will provide conduit and pull boxes and the City will
pay for installation of same. After reviewing the bids it appeared that the low bidder did not take into
account the fact that materials will be provided. When questioned, the bidder indicated that materials
were in fact included in the bid price. Attached is a fax from the low bidder indicating the corrected unit
prices for the three alternate bid Items. Based on unit price bids from the other bidders it appear that they
have taken into account the fact that materials will be provided. This adjustment will not change the low
bidder.
The CRA will contribute to this project. Their contribution will be for paver sidewalks and decorative street
lights. The cost of the bid award is $1,154,230.00.
Funding breakdown between the CRA and City is as follows:
City $747,956.00
CRA $406,274.00
Total $1,154,230.00
Funding will be from account # 119-4151-572.60-69, after transfer and contribution from CRA.
The attached map shows the project location.
Please place this item on the 19 Jul2005 Commission Agenda.
Thanks!
enc
cc: Richard Hasko, P.E., Director of Environmental Services
Joseph Safford, Finance Director
file
S. IEngAdminlProjects\2001\2001-054\OFFICIAL\2005-07-19 agenda memo. doc
8.~.5.
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lil ílll ílll I In 1m I Innnnni
rn " CITY of DELRA Y BEACH SWI NTON AVE. BEAUTI FI CA TI ON DATE' 11/04
ENVIRONMENTAL SERVICES DEPARTMENT Location Map 01-054
434 SOUTH 8WNTON AVENlÆ, DEL.ßAY BEACH, R..OAIDA 33444 PrOject # 2001- 054 1 of 1
CITY OF DELRA Y BEACH ... 7/15/2005
Swinton A venue Beautification - Phase II
PROJECT No. 2001-054
BID No. 2005-17
BID TABULATION SHEET
GENERAL Quantity EnglDeers Estimate Chaz Equipment Co., Inc.
Item /I Description Est. Qty.! Units Price BId Total Price Bid Total
I Site Mobilization/Demobilization I I LS $20,000 00 $20,000 00 $25,00000 525,000 00
2 Maintenance of Traffic I LS $35,00000 $35,000 00 $15,00000 515,00000
3 Clearing and Grubbing 1 LS $15,00000 $15,00000 $75,00000 $75,000 00
4 As-Built Record Drawings 1 LS $2,000 00 $2,000 00 $2,000 00 $2,000 00
5 1" Type S-III Asphalt Restoration 50 SY $500 $250 00 $200 00 $10,00000
6 Precast Conc Pavers (Sldewalk)(lncl Leveling 2,007 ' SY ; $47 00 $94,329 00 $56 00 $112,392 00
Crse & flowable fill) ;
NW 1 st St - Precast Conc Pavers (Sidewalk) 333 , SY i $56 00 $18,648 00
7 Precast Conc. Pavers (Roadway)(lncl Leveling 742 ¡ SY i $55 00 $40,81000 $7100 $52,682 00
Crse & flowable fill) I
NW 1 st St - Precast Conc Pavers (Roadway) 23 SY $7100 $1,63300
8 Concrete Curb and Gutter (Header Curb) 235 I LF $1200 $2,82000 $30 00 $7,050 00
9 Concrete Curb and Gutter (Type F Curb) 260 I LF $1425 $3,70500 $30 00 $7,800.00
]0 Concrete Curb (6" Edger) 5.540 LF $800 $44,32000 $13 00 $72,020.00
]] Concrete Curb (12" Edger) 1.580 LF $13 00 $20,54000 $25 00 $39,500.00
12 Concrete Curb Translllon 70 LF $1200 $840 00 $30 00 $2,10000
13 Concrete 2' Valley Gutter 15 LF $900 $135 00 $30 00 $450.00
14 Concrete Landing wrractlle Surface 40 SY $28 00 $1,12000 $425 00 $17,00000
]5 Pavement Marking and Slgnage Relocation 1 LS $1,20000 $1,20000 $3,000 00 $3,000 00
16 Adjust Valve Box to Grade 9 EA $250 00 $2,250 00 $12500 $1,12500
]7 Adjust Manholes & Inlets to Grade 3 EA $1,00000 $3,00000 $650 00 $1,95000
]8 Lighting Pole Complete (Single) 42 EA $3,800 00 $159,60000 $4,10000 $172,200 00
NW 1 st St Poles (single) 2 EA $4,10000 $8,200 00
19 Lighting Pole Complete (Double) 12 ! EA $5,20000 $62,400 00 $5,75000 $69,000 00
NW 1 st St Poles (double) 1 EA $5,75000 $5,75000
20 Directional Bore 2-2" Conduit (PVC Sch 40), 6,080 LF $25 00 $152,000 00 $24 00 $145,920.00
Include wire
2] Directional Bore 1-2" CondUit (PVC Sch. 40), 1,600 LF $25.00 $40,00000 $23 00 $36,800 00
Include wire ;
22 Directional Bore 1-1 112" Conduit (PVC Sch. 1,425 LF ! $25 00 $35,625.00 $20 00 $28,500 00
40), include wire ;
23 Wire 1.600 LF $10 00 516,000 00 51900 $30,40000
24 wire 1,500 LF i $1000 515,00000 $1700 $25.50000
25 Electric Service Stations Complete 2 EA ! $8,000 00 516,00000 $ 13,225 00 $26,450 00
26 Additional Pull Boxes (not Included In Items 18, 7 EA $200 00 $1,40000 $35000 52,450 00
19, and 25) i
27 FPL Service Station Pull Boxes 2 EA I $700 00 $1,40000 $1,15000 $2,300 00
28 Project Identification Sign 1 EA $1,00000 51,00000 $750 00 $750 00
29 Video Allowance 1 LS $750 00 $750 00 575000 $750 00
30 Concrete Sidewalk Allowance (4" Thick) 1 LS $10,00000 510.00000 510,00000 $10,00000
3] Landscaping Allowance 1 LS $5,000 00 55,00000 $5,00000 $5,000 00
32 FP&L Allowance 1 LS $10,00000 510,00000 $10,00000 $10,000 00
33 Replace PBC Traffic Signal Loops Allowance I I LS $30,000 00 $30,00000 $30,00000 $30,000 00
34 Indemnlficallon 1 LS $1000 $10 00 510 00 $10 00
otal Items 1-34 , 5843,504.00 51,074,330.00
! ;
I\LTERNATE BID ITEMS
1A DirectIonal Bore 1-2" ConduIt (pVC Sch 40), 2,600 LF 52100 $54,600 00
mc]ude pull hne ,
,
2A hne 1,500 LF $1500 $22,500 00
3A PBC Pull Boxes 8 EA $35000 $2,800 00
; I
otal Items IA - 3A ; , 579,900.00
CRA Total 5406,274.00
City Total 5713,725.00
NW 1st St Total I 534,231.00
GRAND TOTAL I 51,154,230.00
I I
BIDT AB l.xls Page 1 of2
CITY OF DELRA Y BEACH ... 7/15/2005
Swinton A venue Beautification - Phase II
PROJECT No. 2001-054
BID No. 2005-17
BID TABULATION SHEET
GENERAL Quantity IMEF Construction, Inc. Rosso Paving & Drainage, Inc.
Item II Description ; Est. Qty. I Units Price Bid Total Price Bid Total
1 'Site Mobilization/Demobilization 1 ! LS $40,000 00 $40,000 00 $48,800 00 548,800 00
2 : Maintenance of Traffic 1 i LS $20,000 00 520,000 00 543,70000 543,70000
3 I Cleanng and Grubbing 1 LS $70,000 00 $70,000 00 $161,20000 ' 5161,20000
4 As-Built Record Drawings i \ LS I $20,000 00 $20,000 00 56,75000 ' 56,750 00
5 '1" Type S-III Asphalt Restoration 50 SY 570 00 $3,500 00 $75 00 53,75000
6 I Precast Conc Pavers (Sldewalk)(lncl Leveling 2,007 I SY 554 00 $\08,378 00 562 00 5124,43400
Crse & flowable fill) i :
NW 1 st St - Precast Conc Pavers (Sidewalk) , 333 SY 554 00 ! 517,98200 562 00 520,646 00
7 Precast Conc Pavers (Roadway)(lncl Leveling 742 T SY 563 00 ¡ 546,74600 57\ 00 552,682 00
Crse & flowable fill) i
NW 1 st St - Precast Conc Pavers (Roadway) 23 ; SY 563 00 5\,44900 57\ 00 51,63300
8 Concrete Curb and Gutter (Header Curb) 235 LF 525 00 55,875 00 523 80 , 55.593 00
9 Concrete Curb and Gutter (Type F Curb) 260 LF 525 00 56,500 00 524 90 ; 56,474 00
\0 Concrete Curb (6" Edger) 5,540 LF $1200 566,480 00 $935 551.79900
11 ¡Concrete Curb (12" Edger) 1,580 LF 51500 523,70000 51375 ' 521,72500
12 Concrete Curb Transition 70 LF 550 00 53,500 00 $24 90 $1,74300
13 Concrete 2' Valley Gutter ; 15 LF I 580 00 51.20000 524 90 $373 50
I
14 Concrete Landing wlTactlle Surface 40 SY ; 572 00 $2,880 00 529 70 51,18800
15 Pavement Marking and Slgnage Relocation 1 LS I 510,00000 510,00000 53,700 00 53,70000
16 Adjust Valve Box to Grade 9 EA $450 00 $4,05000 $300 00 52,700 00
17 Adjust Manholes & Inlets to Grade 3 ; EA 5750 00 52,250 00 $500 00 51,50000
18 ,Lighting Pole Complete (Single) 42 ! EA 54,20000 : $176,400 00 53.830 00 $160.86000
NW 1st St Poles (single) 2 EA $4,200 00 I $8.400.00 $3,830 00 ' $7,660 00
19 i Lighting Pole Complete (Double) ! 12 EA $5,90000 570,800 00 $5,20000 ! $62.400 00
NW 1st 5t Poles (double) I 1 EA 55,90000 55,900 00 $5,200 00 $5,20000
i
20 Directional Bore 2-2" Conduit (PVC Sch 40), I 6,080 LF $26 00 5158,08000 522 55 ¡ $137,10400
Include wire I ¡
21 Directional Bore 1-2" CondUit (PVC Sch 40), I 1,600 LF $25 00 $40,000 00 522 00 $35,20000
,
Include wire :
22 Dlreclional Bore 1-1 1/2" CondUit (PVC Sch 1.425 LF , $22 50 532,062 50 $19 25 $27,43125
40), Include wire
23 wire 1,600 LF $2100 i $33,60000 S1735 $27,76000
24 wire 1,500 LF $20 00 $30,00000 51680 $25,200 00
25 Electric Service StatIOns Complete 2 EA $14,00000 $28,000 00 $11,520.00 $23,04000
26 !Addltlonal Pull Boxes (not Included In Items 18, 7 EA $340 00 ; $2,380 00 $303 00 $2.12100
19, and 25)
27 ! FPL Service Station Pull Boxes ; 2 EA $625 00 $1.25000 5825 00 $1,65000
28 . Project Identification Sign 1 EA 51,50000 $1,50000 5500 00 ¡ 5500 00
29 ;Vldeo Allowance 1 LS 5750 00 $750 00 $750 00 $75000
30 Concrete Sidewalk Allowance (4" Thick) , 1 LS 510,00000 $ 10,000 00 S10,000 00 S10,OOO 00
31 Landscaping Allowance 1 LS $5,00000 S5,OOO 00 $5,00000 : $5,00000
32 FP&L Allowance 1 LS ; $10,00000 510,00000 $10,00000 $10,00000
33 Replace PBC Traffic Signal Loops Allowance 1 LS $30,00000 530,00000 $30,000 00 $30,000,00
34 Indemnification 1 LS $1000 $10 00 $10 00 $10 00
trotal Items 1-34 51,098,622.50 51,132,276.75
I , ,
AL TERNA TE BID ITEMS
lA ¡Directional Bore 1-2" ConduIt (PVC Sch 40), 2,600 LF $20 00 $52,000 00 $1650 $42,90000
I Include pull tine
2A ! line 1,500 LF 51500 $22,500 00 S880 ' 513,20000
3A :pBC Pull Boxes 8 EA , 51,00000 $8,00000 5303 00 ' 52,424 00
!Total Items lA - 3A ; 582,500.00 558,524.00
; ,
CRA Total
City Total I
NW 1st St Total
¡GRAND TOTAL I
I I i
¡
BIDTAB1.xls Page 2 of2
FROM :CHAZ EQUIPMENT CO., INC. FAX NO. :5613332180 Jul. 12 2005 04:31PM P1 '71
¡.,. 2,00(_05-
.
e .. f'I'o. J '" ", ; D-q,-=~
3480 FAlRLANE FARMS RD #8
WELLINGTON, FLORIDA 33414
Phone (681) 333-2109; Fax (561) 333..2180
FAX COVER SHEET
ATTN: Randal Krecjarek
COMPANY: City of DeIray Beach
FAX NO: 561-243--7314
FROM: Howard Wight
DATE: 7/12J200~ TIME: 4:30PM
-"
TOTAL NUMSeR OF PAGES TRANSMI'n'ED INCLUDING COVER SHEET: \
IF ALL PAGES ARE NOT RECENED. PLEASE CALL US AT: 581..3330-2109
COMMENTS: Randall,
The material costs for the Swinton Avenue Beautification, Phase" project has been
adjusted as follows:
Item 32: Deduct $7.00 from the unit plice for 2" bore duçt
Item 33: Deduct $5.90 from the unit price for 2" pvc schedule 40
Item u: Dedoot $75.00 EA for the cost of each pull box
My cell '# Is 661-722-1486 if you haVe any questions.
Howard Wight
,
....
Date: 30 N ov 2004 AGENDA ITEM NUMBER:
Ð
~~ ---
. .
. .
AGENDA REQUEST
Request to be placed on:
-1LConsent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When: 06 Dec 2004
Description of Agenda Item (who, what, where, how much):
Request for Commission authorization/approval for Mayor to execute contract with Chaz
Equipment Co., Inc. for construction of Beautification Improvements along Swinton Avenue
from SW/SE 2nd Street to Lake Ida Road and NW 1st Street from NW 1St Avenue to N Swinton
Avenue. Improvements include paver cross walks, paver sidewalks (between SW/SE 2nd St
and NW/NE 2nd St as well as on NW pt Ave.) and decorative street lights. The cost of the bid
award is $1,154,230.00. Funding breakdown between the CRA and City is as follows:
City $747,956.00
CRA $406,274.00
Total $1,154,230.00
Staff Recommendation: APß'al
Department Head Signature: i~
City Attorney Review/Rec'ommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials: YES
Account Number 119-4151-572.60-69
Description Swinton Ave Beautification PH II
Account Balance:
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agenda: &/ No Initials: ~
Hold Until:
Agenda Coordinator Review:
Received:
S:\EngAdmin \Projects\2001 \2001-054\OFFICIAL \2005-07 -19 agenda.doc
--------
RECEIVED ~
[IT' DF DELRA' BEA[H JUL 1 9 20D5
CITY MANAGER
CITY ATTORNEY'S OFFICE 300 \\' A TL-\:\TIC A \T--'-l'E . DELR ~ 1 BEACH, FLORIDA 3344'i
__ POLICE lEGAl ADVISOR TELEPHO:\E ';01 2-'i5-""})23 . FACS11'o1lLE 561ì243-7H15
" II I! POLICE LEGAL ADVISOR RECE,VED
MEMORANDUM JUl 1 9 2005
1993 C'TY CLERK
To: Mr. David Harden, City Manager
From: Catherine M. Kozol, ~
Police Legal Advisor.
Date: July 15, 2005
Re: K-9 Agreements
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Attached for your review and insertion on the Consent Agenda are two K-9
Agreements between Officers Kenneth Duarte and David Weatherspoon and the
City of Delray Beach. These Agreements authorize the sale of Don and Art to
Officers Duarte and Weatherspoon respectively for $1.00. Officers
Weatherspoon and Duarte further indemnify the City for any damages caused by
the K-9s after the sale. The City will not have any increased liability exposure due
to these sales.
If these agreements meet with your approval, please have the
Agreements signed and return copies to me.
Thank you for your attention.
Ath/encs.
cc: Chief L. Schroeder
Susan Ruby, City Attorney
Chevelle Nubin, City Clerk
S.-I!
K-9 SALE AND HOLD HARMLESS AGREEMENT
THIS AGREEMENT entered into between The City of Delray Beach
(hereinafter referred to as "CITY") and KENNETH DUARTE, (hereinafter referred
to as "DUARTE") witnesseth that:
WHEREAS, the City, through its Police Department, is desirous of retiring
and selling an animal currently being utilized in the City's K-9 program, and
animal being identified as follows: "DON" German Shepherd (hereinafter
referred to as "Canine"), and
WHEREAS, DUARTE is desirous of purchasing, keeping, training, and
assuming full responsibility for Canine as a pet at his place of residence or other
appropriate kennel facility,
NOW, THEREFORE, for mutual consideration, covenants, and matters set
forth herein, as of the date set forth below, the parties hereto do hereby agree as
follows:
1. The City does hereby sell the Canine to DUARTE on an "as is"
condition for One Dollar and 00/100 ($1.00) and other good and valuable
consideration.
2. DUARTE shall henceforth be solely and completely responsible for
said Canine, including, but not limited to, providing for the care and maintenance
(including all regular and veterinary expenses) for the remainder of the Canine's
life;
1
3. DUARTE shall defend, indemnify and hold harmless the City, its
agents, officers, officials and employees from any and all claims, suit, causes of
action or any claim whatsoever made arising from property damage and/or
personal, bodily or mental injury to a human or animal caused or allegedly
caused by the actions of said Canine as a result of or following the date of this
Agreement.
4. In any action brought to enforce any provision of this Agreement,
the prevailing party shall be entitled to the relief sought plus all costs incurred
and reasonable attorneys' fees.
5. The Owner, by signing below, affirms that he has read and
understands this Agreement and that he has been given the opportunity to have
the attorney of his choice review this Agreement.
/£f ..-.-
THIS AGREEMENT made and entered into on this day of :..J v L;'t
2005.
By:
STATE OF FLORIDA
COUNTY OF PALM BEACH
~ The foregoing instrument was acknowled ed before me this / IfIi. day of
, 2005, by KENNETH DUARTE, who i personall known to me or who has
pr uced (type of identification) as identi Ication and who did
(did not) take an oath.
~Y PlJ OFRCIALNOTARY-sEAL
~t- <9(. ANNE T HQPP
o '"
[.: ~ COMMISSION NUMBER
'.!!. « 00071178
,,~ ¡ MY COMMISSION EXPIRES
~ OF F\.O NOV. 12,2005
2
By:
Mayor Jeff Perlman
City of Delray Beach
ATTEST:
City Clerk
3
K-9 SALE AND HOLD HARMLESS AGREEMENT
THIS AGREEMENT entered into between The City of Delray Beach
(hereinafter referred to as "CITY") and DAVID WEATHERSPOON, (hereinafter
referred to as 'WEATHERSPOON") witnesseth that:
WHEREAS, the City, through its Police Department, is desirous of retiring
and selling an animal currently being utilized in the City's K-9 program, and
animal being identified as follows: "ART" German Shepherd (hereinafter referred
to as "Canine"), and
WHEREAS, WEATHERSPON is desirous of purchasing, keeping, training,
and assuming full responsibility for Canine as a pet at his place of residence or
other appropriate kennel facility,
NOW, THEREFORE, for mutual consideration, covenants, and matters set
forth herein, as of the date set forth below, the parties hereto do hereby agree as
follows:
1. The City does hereby sell the Canine to WEATHERSPOON on an
"as is" condition for One Dollar and 00/100 ($1.00) and other good and valuable
consideration.
2. WEATHERSPOON shall henceforth be solely and completely
responsible for said Canine, including, but not limited to, providing for the care
and maintenance (including all regular and veterinary expenses) for the
remainder of the Canine's life;
1
-
3. WEATHERSPOON shall defend, indemnify and hold harmless the
City, its agents, officers, officials and employees from any and all claims, suit,
causes of action or any claim whatsoever made arising from property damage
and/or personal, bodily or mental injury to a human or animal caused or allegedly
caused by the actions of said Canine as a result of or following the date of this
Agreement.
4. In any action brought to enforce any provision of this Agreement,
the prevailing party shall be entitled to the relief sought plus all costs incurred
and reasonable attorneys' fees.
5. The Owner, by signing below, affirms that he has read and
understands this Agreement and that he has been given the opportunity to have
the attorney of his choice review this Agreement.
THIS AGREEMENT made and entered into on this 1:JfJv day of ~
2005.
By: ~ A ~~;l ~~J~'5ödz ^
AVID-WEATHERSPO N, Owner.
STATE OF FLORIDA
COUNTY OF PALM BEACH
~ The foregoing instrument was acknowledged before me this ~ day of
2005, by DAVID WEATHERSPOON, who is ersonally known to me or
wh has produced (type of identification) as I entification
and ho did (did not) take an oath.
~
QFAcW-NOTARV sEAL
~v PUð ANNE1'\oIOPP
6"t- <'/. ~ NUM8E1\
~ (\ COtAMISS
~ 00071178 E)ŒIUIE$
'!J. ~ MY coMM\SSIOH
"....~ oQ' NOV. 12,2005
OF f\:
2
By:
Mayor Jeff Perlman
City of Delray Beach
ATTEST:
City Clerk
as to fórm:
3
.
.
Delray Beach pE,LRf"; B~A!=t-!
Police Department ......
AII·America City
300 West Atlantic Avenue l' III!
Delray Beach, Florida 33444-3695
(561) 243-7888 Fax (561) 243-7816
Joseph L. Schroeder 2004 1993
MEMORANDUM 2001
Chief of Police
TO: Mr. David Harden, City Manager
FROM: Tina L. Lunsford, Administrative Officer ~
DATE: July 14, 2005
SUBJECT: AGENDA REOUEST
The Delray Beach Police Department has requested that the attached agenda item go before the
City Commission on July 19, 2005 for approval.
The Police Department wants to complete a comprehensive survey of the citizens of Delray
Beach regarding their perceptions of the Delray Beach Police Department. This survey will
obtain a comprehensive, representative picture of attitudes and perceptions of the citizens of the
City of Del ray Beach regarding their Police Department. The results of the research will identify
positive and productive approaches to improving the services provided. It will also identify the
themes for communication between the Police Department and the citizens that would better
address misunderstanding or misperceptions of the citizens about the Police Department.
Attached is a proposal and sole source letter ITom DiagnosticsPlus, which outlines the purpose,
methodology, the analysis and report provided, in the amount of $25,000.
Chief Schroeder has approved funding out of the Federal Forfeiture Account 115-2112-521-
49.90.
Should you require further information, please contact me at ext. 7852.
TLUppt
Attachment
cc: Chief Schroeder
Buyer Patsy Nadal
Assistant Carolanne Kucmerowski
Serving with P.R.I.D.E.
Professionalism, Respect, Integrity, Diversity and Excellence <6,L-
UII14/2UU5 14:27 FAX I1JOO2
a- DiagnosticsPlus
. a full-servi&e survey research fil'm
Diagnostics Plus, Inc.
1333 S. Allen St. Suite 4
State College, PA 16801
July 14. 2005
Major William McCollom
Fax: (561) 243-7824
Dear Major McCollum,
Diagnostics Plus, Inc. is a full service survey research company with
considerable experience is developing customized research surveys. We will
develop a unique custom survey designed around the needs of the Delray Beach
Police Department. This will be a distinct custom product only used for the
Delray Beach Police Department Survey.
Sincerely yours,
~~Ù~
Paul Weener
CEO, Diagnostics Plus, Inc.
Dia~lIostic.. PIa.: 1333 South Allen Street, State College, PA 16801
yoice:81 4.238. 7936 far:8 J 4.231.7672 hup:/Iwww.dìagnostrcsplus.com
07/11/2005 07:20 FAX IlJOO2
Delray Beach Police Department July 6, 2005
PROPOSAL: A Comprehensive Survey of the Citizens of Delray Beach
regarding their Perceptions of the Delray Beach Police Department
Purpose of the Research
· To obtain a comprehensive, representative picture of attitudes and perceptions of
the citizens of the City of Delray Beach regarding their Police Department
· To use the results of the research to identify positive and productive approaches
to improving the services provided by the Police Department of Delray Beach
· To identify the themes for communication between the Police Department and
the citizens that would better address misunderstandings or misperceptions of
the citizens about the Police Department.
Survey Methodology: Telephone (English) or Paper and Pencil
(French)
· Representatives of the Delray Beach Police Department and the community will
work with Richard Smith to develop the content of the survey with review and
recommendations from the Project Manager at Diagnostics Plus.
· Two forms of the survey will be prepared, one in English and the other in French
for the French speaking Haitian community.
· A telephone survey will be conducted with a random sample of the English-
speaking population within Delray Beach.
· A written survey with the same content as the telephone survey will be distributed
in French to the French-speaking population of Defray Beach using the best
method of distribution available. The written version of the survey distributed to
the French speaking population will include a postage paid return envelope.
· For the English-speaking telephone survey, telephone numbers will be randomly
selected from a list of purchased telephone numbers or addresses to assure a
representative sample of the different segments of the community of Delray
Beach,
· Based on previous experience, approximately 45% of the citizens who receive
the request to participate in the phone survey will complete the survey. The
response rate for the paper-and-pencil survey will depend on the distribution
method used.
· Conduct 230 completed surveys in English from the telephone research center at
Diagnostics Plus. This sample size will provide 90% confidence that the sample
results will be within 5% of the population results for the English speaking
citizens of Delray Beach.
· Pñnt and distñbute approximately 500 French written surveys to the French
speaking POPulation with the intent of receiving a minimum of 200 completed
written surveys.
DiagnosticsPlus 1
07/11/2005 07:20 FAX IgJ 003
Delray Beach Police Department July 6, 2005
Analysis and Report
· Analyze the survey responses item by item
· Prepare a report with tabular and graphic summaries along with a verbal
interpretive summary of the results
· Results of the survey will be shown in tables and graphs for the total community
as well as broken down by race, age. education level and other demographics.
· Provide recommendations about what the Potice Department should do better to
meet the needs of the Delray Beach citizens.
· Provide recommendations about the communication themes that will better align
the public's perception of the Delray Police Department with the reality of the
goals and activity of the Police Department.
· Assist in preparing a report to the public about the findings and implications of
the survey.
· Work with the Delray Beach Police Department to prepare and action plan to
respond to the survey results.
Cost of Diagnostics Plus Services
· Total cost for the telephone survey would be $25,000. This cost includes all of
the services specified above, including the purchase of lists of telephone
numbers, long distance telephone charges, and the consultative services of
Richard Smith in the development and interpretation of the survey results.
· 50% will be invoiced at project initiation and 50% at project completion
AGREEMENT
Diagnostics Plus agrees to provide the services described above for the fees
specified above. The Delray Beach Police Department will pay the quoted price for
the services described above according to the terms specified.
For Delray Beach Police Department Date
:¡;;~,J._~ ffò J~ II¡ 2d25
For Diagnostics Plus. Inc. I Date
DiagnosticsPlus 2
07/11/2005 07:21 FAX flj004
. July 8, 2005
Delray Beach Police Department
DiagnostIcs Plus Capabilities
Our expertise is in the development of surveys, data analysis, and interpretive
presentations that facilitate client decision making. Our data collection techniques
include telephone research, mail surveys, Internet and e-mail surveys, phone-mail-
phone. disk-by-mail, focus groups and in-depth interviews.
Diagnostics Plus has been in business since 1987 providing research services to
manufacturing companies, consulting companies and a wide variety of other
organizations. We do research in the US as well as internationally, completing about
100 studies per year.
An experienced, professional staff working in project teams focuses on the timely
delivery of accurate data and interpretive reports, tailored to each client's
requirements. An in-house computer-assisted telephone interviewing (CATI) system
provides state-of -the-art facilities for in-depth telephone interviewing. Optical
Scanning capabilities provide rapid analysis of large quantities of paper surveys.
Diagnostics Plus provides data processing services including coding, scanning, data
entry, data cleaning, cross tabulations (Win Cross or SPSS), as well as a wide array
of analytic techniques including choice modeling, multivariate analysis, and
SIMAL TO TM. Other services also include electronic data transfer capabilities, access
to a worldwide consulting network and multilingual translations. Satellite offices in
Europe provide access to international information and market data.
Diagnostics Plus is a member of CASRO (Council of American Survey Research
Organizations), MRA (Market Research Association) and ASO (American
Association for Quality), whose members are committed to high standards of ethics
and professionalism.
Diagnostics Plus has completed research studies for the following organizations in
Southern Florida:
· Urban League of Palm Beach County
· Palm Beach County Sheriffs Department
· West Palm Beach Police Department
· Palm Beach County Economic Council
DiagnosticsPI us 3
07/11/2005 07:21 FAX ~OO5
Defray Beach Police Department July 6, 2005
Appendix A
Potential Topics for the Delray Beach Citizens Survey
Respondent infonnation
Race
Sex
Age
Education level
How long lived in city I
Homeowner or renter
Community Involvement
Homeowner's Association
City board
City volunteer
Other
General Areas for all respondents
Police Department
Perception of the Police Department
Trust the Police Department
Doing a good job?
Officers seen, too much. too little. not at aU
Are you familiar with any of the following programs?
Youth Vocational Charter School
Atlantic High School Police Career Program
Kids & Cops Program
Kids, Cops and Character Program
Weed & Seed
Community
How safe they feel ftom below occurring in Delray Beach
Violent crimes (e.g. rape, robbery)
Property crimes (e.g. burglary theft)
How safe they feel walking alone at night
In their neighborhood
In the city's downtown
In city parks
Degree the following are problems in Delray Beach
Loitering youth
Drugs
Traffic
Crime
Graffiti
Gangs
Important topics for those who have had contact with the Delray Beach Police Department.
Type of contact
In the last 12 months have you had contact with the DeJray Beach Police Department?
No
Yes- You requested the response of a police officer
How would you rate the response?:
You contacted a police officer:
To report a crime
To report a crime you had witnessed
To ask for assistance or infonnation
To Jet the police know about a problem
To tell the police about a traffic crash you had witnessed
DiagnosticsPlus 4
07/11/2005 07:21 FAX ~OO6
,
Delray Beach Police Department July 6, 2005
For some other reason, please specifY
Yes· A poJice officer contacted you because
You were involved in a traffic crash, victim of a crime
You were a witness to a traffic crash, to a crÙDe
You were stopped while driving
Released without action
Received a verbal warning
Received a written warning
Received a citation
You were detained by the police ,
You were arrested by the police
Employee Infonnation
Race/gender of the employee
How would you rate the employee?
Professional
Polite/respectful
Responsive
Courteous
Fair
Overall impression
How would you rate the quality of our service?
DiagnosticsPlus 5
Date: Julv 14, 2005 AGENDA ITEM NUMBER: 8... L.
Rece\VED
JUL \ 9 2005
AGENDA REQUEST CITY CLERK
Request to be placed on:
X Consent Agenda _ Regular Agenda _ Workshop Agenda _ Special Agenda
When: July 19,2005
Description of agenda item (who, what, where, how much):
The Police Department would like to have a comprehensive survey of the citizens of Delray
Beach regarding their perceptions of the Delray Beach Police Department performed by
Di3gl10sticsPlus, a sole source vendor. This survey will obtain a comprehensive,
representative picture of attitudes and perceptions of the citizens of the City of Delray
Beach regarding their Police Department. The results of the research will identify positive
and productive approaches to improving the services provided. It will also identify the
themes for communication between the Police Department and the citizens that would
better address misunderstanding or misperceptions of the citizens about the Police
Department. The total cost is $25,000.00.
Funds are available in 115-2112-521-49.90
Department Head
Signature:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Q No Initials: {;C6
Account Number 115 _ 2//2 - 52/. L/9-9ò
Description Of-ntr ea r {&ß- ~f7f -S
Account Balance:
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agenda: @ / No Initials: f!J1
Hold Until:
Agenda Coordinator Review:
RFrFtvFri:
8. L.
01\
øJì
J CITY COMMISSION DOCUMENTATION I
TO: DA~. HAR EN CITY MANAGER
~ <
THRU: PAUL DORLlNG, D CTOR OF PLAN
FROM: DERRICK COOK,
SUBJECT: MEETING DATE: JUL Y 19, 2005
CONSIDERATION OF A WAIVER REQUEST TO ALLOW A
TEMPORARY SALES/OFFICE TRAILER FOR SHERWOOD PONTIAC
AT 2450 SOUTH FEDERAL HIGHWAY. TRACT B OF THE AlDEN
PLAT NO. 2 APPROXIMA TEL Y 600' NORTH OF FLADELL'S WAY
(AVENUE F).
I BACKGROUND/ANAL YSIS I
This proposal is in conjunction with the Sherwood Pontiac Used Car Dealership's
construction of a permanent 4,543 sq. ft. sales office and get-ready building. The
property currently contains a 1,530 sq. ft. temporary modular sales office, 1,620 sq. ft.
6-bay vehicle preparation building and associated parking and landscaping.
On January 26, 1994, the Site Plan Review and Appearance Board (SPRAB)
approved a site plan modification and landscaping plan to construct the 8,520 sq. ft.
metal building (Phase II) for vehicle repair. The modification also included the
installation of a 1,530 sq. ft. modular office building (Phase I) as a temporary sales
office. On February 9, 1994, the Board approved the associated elevations.
The Phase I improvements (temporary sales trailer) were completed and at its
meeting of November 6, 1996 SPRAB approved a site plan modification to Phase II,
which resulted in the elimination of the repair facility and construction of a 1,620 sq. ft.
vehicle preparation building with 6 bays.
This temporary sales trailer has remained on the site for more than 10 years. On April
27, 2005, SPRAB approved the demolition of the existing 1,530 sq. ft. modular sales
office building, construction of a 4,543 square sales office and get-ready building,
reconfiguration of the parking area adjacent to the proposed building reducing the
parking spaces from 194 to 164, and installation of associated landscaping.
The developer is now requesting to relocate the existing 1,530 sq. ft. modular sales
office building to another location on the site to serve as a temporary sales trailer
during construction of the new sales building. The applicant has submitted a Class I
site plan modification application associated with the relocation of the modular building
as a temporary measure until the permanent 4,543 sq. ft sales building is constructed.
Pursuant to LDR Section 2.4.6(F) this temporary trailer is akin to a construction trailer
and compound a use allowed under the temporary use permit process. Given the past
~J\
City Commission Documentation
Meeting of July 19, 2005
Temporary Sales Office Building Sherwood Pontiac Used Cars
Page 2 of 2
history of temporary uses on the site Staff believes that any approval should be given
a specific time limit and should be tied to the issuance of a building permit for the
permanent improvements. The applicant states once the site plan is certified and the
permits are issued for the permanent structure; the new building will be completed in
eight (8) months. Given this factor, a time limitation of 18 months for the temporary
permit appears reasonable. As permits for temporary modular buildings are not
specifically identified in the list of allowable temporary uses provided in the LDR
Section 2.4.6(F) approval of a waiver from the City Commission is required and is now
requested.
Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body
must make a finding that granting the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and
(d) Does not result in the grant of a special privilege in that the same waiver would be
granted under similar circumstances on other property for another applicant or
owner.
The proposed modular building will be located in a commercial parking lot and will not
adversely impact the neighboring area. The site modifications have been designed in
a manner that will create the least possible disruption to the circulation within the
parking area and minimizing impacts in the redevelopment of the site. While the
available parking spaces will be reduced with the temporary building on site, the
situation is temporary, and will enable the Sherwood Pontiac to continue its operations
in the area while constructing a major new sales office facility which will be
aesthetically more conducive to the area.
I RECOMMENDED ACTION I
By motion, approve a waiver to allow a Temporary Permit to be issued for a temporary
sales office facility for a period not to exceed 18 months to be issued in conjunction
with the building permit for the permanent building, based upon positive findings with
respect to LDR Section 2.4.7(B)(5), subject to the following condition:
1. That a site plan modification is processed and approval obtained from the Site
Plan Review and Appearance Board.
2. That the site be fully restored in compliance with the approved site plan for
Sherwood Pontiac Used Cars Dealership once the trailer is removed.
Attachment;
. Site Plan
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II CITY COMMISSION DOCUMENTATION II
TO: DA~~~ANAGER
THRU: PAUL ~ ~ OF PLANNING & ZONING
FROM: ESTEl: B TO, S NIO PLANNER
SUBJECT: MEETING OF JUL Y 19, 2005
RECONSIDERATION OF APPROVAL OF TWO CONDITIONAL USE REQUESTS. ONE TO
ESTABLISH A QUICK LANE TIRE SERVICE CENTER AND TWO. TO ESTABLISH AN
FULL SERVICE AUTO REPAIR FACILITY IN CONJUNCTION WITH A USED CAR
DEALERSHIP WITHIN THE AC (AUTOMOTIVE COMMERCIAL) DISTRICT ON A 3.04
ACRES SITE LOCATED AT 2225 AND 2255 SOUTH FEDERAL HIGHWAY WHICH IS
APPROXIMA TEL Y 300' SOUTH OF TROPIC BOULEVARD.
L._ - ---.- - - .~
-._---
BACKGROUND
.. ..--- -- ..-- ---... - . - - - The action requested of the City Commission is that of reconsideration of the approval of two conditional
uses granted by City Commission on July 5, 2005, one a specialized Quick Lane Tire Service Center (all
make lube and tire service) and two, a Full Service Auto Repair facility in conjunction with a used car
dealership. At that meeting the City Commission approved these conditional use requests subject to
restrictions on the hours of operation as recommended by the Planning and Zoning Board.
The original hours requested by the applicant are: for the Full Service Auto Repair facility Monday through
Thursday, 8:00 a.m. to 8:00 p.m., Friday, 8:00 a.m. to 6:00 p.m., Saturdays 8:00 a.m. to 5:00 p.m., and
Sunday 12:00 noon to 5:00 p.m. For the Quick Lane Tire Service Center, Monday through Friday, 7:00 a.m.
to 7:00 p.m., Saturday, 8:00 a.m. to 5:00 p.m.
The hours approved by the City Commission were: for the Auto repair facility Monday through Thursday, 8:00
a.m. to 8:00 p.m., Friday, 8:00 a.m. to 6'00 p.m., Saturdays 8:00 a.m. to 5:00 p.m. but no Sunday hours; and
for the Quick Lane Tire Service Center Monday through Friday, 8:00 a.m. to 7:00 p.m., Saturdays 8:00 a.m. to
5:00 p.m., no operation on Sunday. The applicant was not at the meeting and now wishes to have the City
Commission reconsider the restrictions on the hours of operation. The developer is requesting hours of
operation as originally requested (which would allow for the Quick Lane Tire Service Center operation hours
to begin at 7:00 a.m. versus 8:00 a.m., and add Sunday hours 12:00 Noon - 5:00 p.m. for the Full Service
Auto Repair facility). A detailed description and analysis of the proposal is contained within the attached
Planning and Zoning Board staff report.
[----- -...- . -. . -. -. J
PLANNING AND ZONING BOARD CONSIDERATION
-- " ------ .-... --- --- - -- . - - .. -' .- At its meeting of June 20, 2005, the Planning and Zoning Board held a public hearing in conjunction with the
Conditional Use request. Presentations were made by staff and the applicant. There was public testimony
from Mr. Robert Jackson a homeowner who lives on 2300 Spanish Trail east of the subject property. His
concerns evolved around noise and the proposed late hours of operation, particularly the tire center. After
discussion, the Board voted (7-0) In favor of the two Conditional Use requests, one to establish a Quick Lane
Tire Service Center but to restrict the hours to Monday through Thursday, 8:00 a.m. to 7:00 p.m., Friday, 8:00
a.m. to 6:00 p.m., Saturdays 8:00 a.m. to 5:00 p.m., no operation on Sunday, and two, to establish an Full
Service Auto Repair facility in conjunction with a used car dealership but not allow Sunday hours of 12:00
Noon to 5:00 p.m., by adopting the findings of fact and law contained in the staff report, and finding that the
9ß
City Commission Documentation: Meeting of 07/19/05
Two Conditional Uses, one to Establish Quick Lane Tire SeNice and two, to Establish
an Auto-repair Center in Conjunction with a Used Car Dealership
Page 2
request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section
2.4.5(E)(5), and Chapter 3 of the Land Development Regulations.
II RECOMMENDED ACTION II
Reaffirm the original approval for two Conditional Uses, one to establish a Quick Lane Tire Service Center
with hours limited to Monday through Thursday, 8:00 a.m. to 7:00 p.m., Friday, 8:00 a.m. to 6:00 p.m.,
Saturdays 8:00 a.m. to 5:00 p.m., no operation on Sunday, and two, to establish a Full Service Auto Repair
facility in conjunction with a used car dealership with hours limited to 8:00 a.m. to 8:00 p.m., Friday, 8:00 a.m.
to 6:00 p.m., Saturdays 8:00 a.m. to 5:00 p.m. with no Sunday hours, 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(E)(5), and Chapter 3 of the Land
Development Regulations subject to conditions outlined in the staff report.
Attachments Planning & Zoning Staff Report for June 20, 2005 Meeting
,
,
MIKLOS & A.mCIAM, p.A.
Architects ¡Planners
AA 0002282
July 5, 2005
Council Members
City of Delray Beach
100 NW l"t Avenue
Delray Beach, FL 33444
Re: Proposed Delray Used Car Super Center & Quick Lane Tire & Auto Center
Dear Council Members:
This letter is to kindly request a modification to the Planning & Zoning recommendation which will come before you
at your next scheduled meeting. I have prepared a chart which shows existing approved hours of operation of other
dealerships, as well as the previous dealership on this site, for your comparison
My Client would respectfully request a reconsideration relative to the hours of operation for the Auto Repair, to that
which he had proposed for the Quick Lane Tire & Auto Center.
The proposed Quick Lane Tire & Auto Center's function is to allow the customer to have an oil change and tire
change perfonned quickly while they wait. It has been documented, through a study by Ford, that many customers
wait to have the service perfonned prior and after their job hours. This is why it is so important to the Owners to have
their operating hours as proposed to be able to compete successfully in this area.
I would like to point out that the auto service to be perfonned will be indoors, also, the service bay doors open north
and south away from the multi family buildings. There is a 6ft high concrete block wall around the property with
landscaping and trees on both sides - please see photo attached.
Thank you in advance for the reconsideration of operating times which is vitally important to my Client.
I will be at this meeting to answer any other questions.
21j(U.DCJI0::vIc1l CfO'DrlIUJ'Bc#LMalrI'l"
2263 N.W. Boca Raton Blvd. · Suite 112 · Boca Raton, FL 33431 · (561) 392-6762 · Fax (561) 750-8465
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PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---ST AFF REPORT ---
MEETING DATE: June 20,2005
AGENDA ITEM: IV. F.
ITEM: Conditional Use Requests to Establish Quick Lane Lube, Tire Service, and
Auto Repair Center Associate to a Used Car Dealership, within the
Automotive Commercial District (AC), (Quasi-Judicial Hearing).
NA nONS
BANK
UN TON
CE:NT[R
GENERAL DATA:
Owner. . .. ... . .. ... . ................... South East Investment of
Palm Beach
Agent. ... ... . . . ... . ., ... . . . . .. . . .. .. Gregory Miklos.
Applicant.. .. ... . . . . .. . . . . .. . .. ..... Tim Young, Delray Lincoln
Mercury :I:
DELRA Y '"
z
Location................................ 2225 and 2255 South Federal LINCOLN <:
Highway MERCUPY
Property Size......................... 3.04 Acres
Current FLUM Designation.... General Commercial (GC)
Current Zoning................... Automotive Commercial (MIC) r....·..·'
: ..: --
Adjacent Zoning..... North: Automotive Commercial (AC) DAN BURNS . . .
South: Planned Commercial (PC) OLDSMOBILE I .....:, -+--
I :.' ::.. '
and Single Family Residential .. . .:.' ::1
I ,.- : :-. : =¡ ~r -J
(R-1-AA-B) I .... ' ~
East: Single Family Residential (R- _____ ED MORSE ... .... -...':r' ----f"" J-
1-AA-B) CA ~
West: Automotive Commercial (AC)
Existing Land Use................. Full Service Automobile SHERWOO
GMC mUCKS
Dealership :I:
'"
Proposed Land Use.............. Full Service Automobile Dealership z
SHERWOOD <:
PONTIAC ~
and Tire! Full Auto Repair Center I
Water Service....................... Water service is provided to the site I
via an existing 8" water main along
South Federal Highway. L
-
Sewer Service....................... Sewer service is provided to the site IJ
via an existing 24" main along the
west side of South Federal
Highway. .
ii \
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DELRA Y
TOYOTA
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MORSE -
SA TU,9N -j
IV. F.
----- ~-----
II ·.-A ,. I T ï: M EfE'f: 'ö R E T'H E B 0 À R [j .- II
The action before the Board is making a recommendation to the City Commission on a
request for two Conditional Uses, one to establish a quick lane tire service center (all
make lube and tire service) and two, to establish an auto-repair facility in conjunction
with a used car dealership, pursuant to LDR Section 2.4.5(E).
The property is located at 2225 and 2255 South Federal Highway, which is
approximately 300' south of Tropic Boulevard.
11;a~·~~:;"~:_· "" . " '." :~B-rÄ~~"K G"Rb lfN·D:>·· ¡>~." ~;. -\" -. -... II
The 3.04 acre property incorporates Lots 1-18 and 29-44, Block 37, and lots 1 and 4,
Block 21, Del-Raton Park Subdivision. An automobile dealership was initially built in
1964 with various modifications approved in the 1980s. The Delray Mitsubishi, Subaru,
and Isuzu dealerships were located on the property. The following is the most recent
land use history with respect to the subject property.
On April 21, 1993, the Site Plan Review and Appearance Board (SPRAB) approved the
site plan modification, landscape plan and building elevations for Delray Mitsubishi
subject to conditions. The proposal consisted of the demolition of a 1,352 sq.ft. portion
of an existing building, construction of a 1,280 sq.ft. addition, reconfiguration of the
parking areas to meet current standards and installation of landscaping to meet current
standards. On May 11, 1993, the City Commission approved a landscape agreement to
install the required landscape strip along Federal highway upon widening of Federal
Highway for Delray Mitsubishi.
On September 16, 1994, the Planning and Zoning Department approved a Non-
Impacting Site Plan Modification to install two (2) security gates for Delray Hyundai. On
November 18, 1997, the Planning and Zoning Department approved a Non-Impacting
Site Plan Modification for the addition of a canopy at Delray Mitsubishi.
On January 12, 2005, the Site Plan Review and Appearance Board approved a request
for architectural elevation changes to install a 4' overhang and entry features over
existing doors for the Used Car Superstore.
Two conditional use applications have been submitted one to establish a quick lane tire
service center (all make lube and tire service) and two, to establish a full service auto-
repair facility associated to a used car dealership. These conditional use applications
are now before the Board for consideration.
The request is to establish one a specialized shop quick lane tire service center (all
make lube and tire service) and two, to establish a full service auto-repair facility in
conjunction with a used car dealership. These uses require two conditional use
approvals [Ref. LDR Section 4.4.10(C)(6) and (7)]. The proposal is to operate a used
Planning and Zoning Board Staff Report: Meeting 06/20/05
Quick Lane Tire and Auto Center - Conditional Use
Page 2
car super-center and full service repair shop at the north portion of the site (12,728
sq.ft.) and a specialized shop quick lane tire service on the south site (19,780 sq.ft.) to
be known as the quick lane, tire service facility. The used car automobile dealership and
related repair facility will have fourteen (14) employees and will operate Monday through
Thursday, 8:00 a.m. to 8:00 p.m., Friday, 8:00 a.m. to 6:00 p.m., Saturdays 8:00 a.m. to
5:00 p.m., and Sunday 12:00 noon to 5:00 p.m. The quick lane and tire service will
have sixteen (16) employees and will operate Monday through Friday, 7:00 a.m. to 7:00
p.m., Saturday, 8:00 a.m. to 5:00 p.m. No exterior alterations of the building are being
proposed.
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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 following four areas.
FUTURE LAND USE MAP: The use or structures must be allowed in the zone
district and the zoning district must be consistent with the land use designation).
The subject property has a GC (General Commercial) Future Land Use Map (FLUM)
designation and is zoned AC (Automotive Commercial). The AC zoning is consistent
with the GC land use designation. The proposal is to install, on the south side of the
property, a quick lane, tire service center (all make lube, tire service, and auto repair) as
a stand alone facility. On the north portion of the site a full service auto repair facility is
to be established in conjunction with a used car dealership. Pursuant to the LOR
Section 4.4.10(C)(6) and (7), within the AC zone district specialized service shops and
full service vehicle repair facilities are listed as a conditional use in the AC district. Full
service auto repair facilities are also listed as permitted uses, however, these are in
conjunction with full service dealership. As this facility (north site) is not considered a
full service dealership (used car only) a conditional use is required. Based upon the
above, a positive finding can be made with respect to consistency with the Future Land
Use Map designation.
CONCURRENCY: Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
The development proposal is to establish a quick lane tire service and auto repair center
(all make lube and tire service) and a full service auto repair facility associated to a used
car dealership. The conversion of a portion of the property to either of these facilities
will not have a negative impact with respect to concurrency as it relates to traffic, parks
and recreation, solid waste, drainage or schools.
Planning and Zoning Board Staff Report: Meeting 06/20/05
Quick Lane Tire and Auto Center - Conditional Use
Page 3
Water and Sewer:
· Water service is provided to the site via an existing 2" water main which bisects
the property and connects to a 2" water main located along the west side of
Florida Boulevard. While the two 2" water main is considered to be substandard,
the proposal does not involved an increase in floor area. Therefore, no water
main extensions and/or upgrades are required with this development.
· Sewer service is provided to the site via an existing 8" sanitary sewer main
located along the west side of Florida Boulevard.
· Adequate fire suppression is provided to the site via an existing fire hydrant
located on the southwest corner of the site adjacent to-the south access way.
The Comprehensive Plan states that adequate water and sewer treatment capacity
exists to meet the adopted LOS at the City's build-out population based on the current
FLUM. The establishment of a full service auto repair facility and specialized service
shop will not increase the demand on water and sewer compared to other commercial
uses. Further, auto repair has existed on both sides in conjunction with previously
established full service dealerships. Based on the above a positive finding can be made
that concurrency with the adopted Levels of Service Standards will be achieved with the
proposed conditional use request.
Streets and Traffic:
· According to the submitted traffic study, the proposed development would
generate an increase of 18 A.M. and 18 P.M. peak hour trips. The traffic study
has been transmitted to the Palm Beach County Traffic Division for review. A
letter from the Palm Beach County Traffic Division stating that the proposal
complies with the Palm Beach County Traffic Performance Standards Ordinance
must be provided by the applicant and it is attached as a condition of approval. It
is anticipated that the proposal will meet traffic concurrency standards. Based
upon the above condition of approval being addressed, a positive finding with
respect to traffic concurrency can be made.
CONSISTENCY: Compliance with peñormance standards set forth in Chapter 3
and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall
be the basis upon which a finding of overall consistency is to be made. Other
objectives and policies found in the adopted Comprehensive Plan may be used in
making a finding of overall consistency.
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following applicable policy was found.
Policy A-2.4 Automobile uses are a significant land use within the City and as
such they have presented unique concerns. In order to properly control these
uses and guide them to locations which best suit the community's future
development, the following shall apply:
--
Planning and Zoning Board Staff Report: Meeting 06/20/05
Quick Lane Tire and Auto Center - Conditional Use
Page 4
4) Automobile dealerships shall be directed to the following areas:
· North of George Bush Boulevard, between Federal and Dixie Highways;
· East side of Federal Highway north of the north property line of the Delray
Swap Shop/Flea Market;
· South of Linton Boulevard, between Federal and Dixie Highways;
· Between the one-way pairs (Federal Highway), from SE 4th Street to SE
10th Street; and from N.E. 5th Street to George Bush Boulevard;
· On the north side of Linton Boulev~rd, between 1-95 and SW 10th Avenue,
and along Wallace Drive.
The subject property is located south of Linton Boulevard on the east side of South
Federal Highway, which is not within any of the above identified areas. However, auto
related uses and car dealerships on this site have existed for a long time. The
requested uses are not an exception nor will they represent an increase in the intensity
of those previous uses.
SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use)
Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3,
the City Commission must make findings that establishing the conditional use
will not:
A. Have a significantly detrimental effect upon the stability of the neighborhood
within which it will be located;
B. Nor that it will hinder development or redevelopment of nearby properties.
The following zoning designations and uses abut the subject property:
Zonina Desianation: Use:
North: Automotive Commercial (AC) Delray Mazda
Planned Commercial (PC) and Delray Plaza (retail and office) and
South: Multiple Family Residential Medium
Density (RM) Multiple Family Structures
East: Multiple Family Residential Medium Multiple Family Structures
Density (RM)
West: Automotive Commercial (AC) Ed Morse Cadillac (Across Federal
Highway)
Planning and Zoning Board Staff Report: Meeting 06/20/05
Quick Lane Tire and Auto Center - Conditional Use
Page 5
The proposed quick lane tire service and full service auto repair center facility will be
compatible with the predominantly auto related commercial uses in the vicinity. These
facilities will provide needed support services to these auto related uses. There may be
compatibility concerns with the residential properties to the east. To mitigate any
potential impact from the multiple family uses to the east a six feet high concrete wall is
being provided along the east property line. Also, trees 25' on center are being provided
along the east property line. The residences are separated from the subject property by
Florida Boulevard, which has a right-of-way width of 50'. Further, a restriction should be
imposed that no loud speaker PA systems (amplified call/customer system) be allowed
on site. Additionally, all repairs are to be conducted inside the building to reduce noise
impacts. These are being attached as conditions of approval. The applicant has
indicated that the quick lane, tire service, and auto repair center will operate Monday
through Friday, 7:00 a.m. to 7:00 p.m., Saturday, 8:00 a.m. to 5:00 p.m. The full service
auto repair facility will operate Monday through Thursday, 8:00 a.m. to 8:00 p.m.,
Friday, 8:00 a.m. to 6:00 p.m., Saturdays 8:00 a.m. to 5:00 p.m., and Sunday 12:00
noon to 5:00 p.m. As both these uses do not have evening hours of operation the
impact on adjacent residential uses should be minimal. Therefore, with the attached
conditions of approval a positive finding can be made that the proposed conditional
uses will not have a detrimental effect on the stability of the neighborhood nor that it will
hinder development or redevelopment of nearby properties.
COMPLIANCE WITH THE lAND DEVELOPMENT REGULATIONS:
Items identified in the land Development Regulations shall specifically be
addressed by the body taking final action on the site and development
application/request.
lDR Section 4.6.9 (C)(3)(f) Parkina :
Pursuant to Section 4.6.9(C)(3)(f), vehicle sales and rentals, including auto sales, auto
rental agencies, recreational vehicles sales and rental, and truck sales and rental, shall
provide 4 spaces per 1,000 sq. ft. of total building area, except indoor display area.
Also, required parking spaces shall be designated for employee, customer, and/or
service use at the standard of, at least, 1.5 spaces per service bay and 2 spaces per
1,000 sq. ft. of floor area (less indoor display area). The used car super-center and auto
repair plus the proposed quick lane and tire service facility are required to provide 59
parking spaces and 119 spaces are being provided (excluding the bull pen area for
which spaces have not been depicted). Thus, the LOR requirement has been met.
Parking Breakdown
Category Parking Total Spaces Spaces
Ratio Area Re uired Provided
Total bldg. area, 4 per /1,000
exce t indoor dis la s . ft. 14,512s . ft. 59 119
Required Designations
Customer / Employee 2 per /1,000
Parkin sq. ft. 14,512 s . ft. 29 48
41
Planning and Zoning Board Staff Report: Meeting 06/20/05
Quick Lane Tire and Auto Center - Conditional Use
Page 6
Service Bays 1.5 per bay I 14 bays I 21 (undesignated)
Display Permitted use for surplus spaces 30
Total 119
LDR Section 4.6.6(C) (1) Refuse Facilities:
Pursuant to LDR Section 4.6.6(C) (1), dumpsters, recycling containers and similar
service areas must be enclosed on three sides and have vision obscuring gates on the
fourth side. The proposed refuse area is located to the rear of the property adjacent to
the existing car bull pen. The vision obscuring gates for the existing dumpster enclosure
shall be replaced which is attached as a condition of approval.
LDR Section 4.3.4(H)(6)(b)(1) Special Landscape Setback:
Pursuant to Section 4.3.4(k), 25% of non-vehicular open space is required. The existing
development is deficient with regard to required open space and is nonconforming. The
proposed plan provides only 14.86% open space primarily in the interior of the site.
While the Conditional Use Process allows us to condition the site to comply with these
minimums the reoccupation of the site with these uses in absence of significant building
improvements does not warrant it. However, upgrading of the existing landscaping at
this time is appropriate. Therefore, it is attached as a condition of approval that new
landscape material be provided to replace missing trees, shrubs, sod, and ground cover
to reflect the approved 14.86% open space landscape plan on record.
Special landscape setback is required along Federal Highway. Within this special
landscape area, no structure or paving (except for driveways and sidewalks that are
perpendicular to the property line) is allowed. At its meeting of April 21 1993, the Site
Plan Review and Appearance Board (SPRAB) approved a site plan modification for
Delray Mitsubishi with the following conditions:
. That the property owner enters into an agreement with the City stating that with
any future widening of Federal Highway, the required 20' landscape buffer will be
provided; and
. That a sketch plan be provided which shows how the future 20' landscape
setback will be provided.
The property owner did enter into an agreement with the City and the sketch plan was
provided. Therefore, it is attached as a condition of approval that with any future
widening of Federal Highway, the required 20' landscape buffer must be provided.
LDR Section 4.4.4(10)(G)(5)(d) Off-Ioadina Area:
Pursuant to LDR Section 4.4.10(G)(5)(d), areas designated for off-loading of vehicles
shall be located to the rear of the building. The off-loading area has been depicted on
the site plan adjacent to the existing car bull pen. Thus, the development complies with
this requirement.
Planning and Zoning Board Staff Report: Meeting 06/20/05
Quick lane Tire and Auto Center - ConditIonal Use
Page 7
LDR Section 4.6.16(H)(3)(i) Minimum Landscape Requirements:
Pursuant to LOR Section 4.6.16(H)(3)0), each row of parking spaces shall be terminated
by landscape islands which contain a minimum of seventy-five (75) square feet of
plantable area, with a minimum dimension of five feet, exclusive of the required curb,
and shall be placed at intervals of no less than one landscape island for every ten (10)
parking spaces. One shade tree or equivalent number of palm trees shall be planted in
every interior island. Previously approved open space area (14.86%) needs to be
maintained. New landscape material needs to be provided to replace missing trees,
shrubs, sod, and ground cover to reflect the approve landscape plan on record which is
attached as condition of approval.
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,""'. ,. .. '. -. - The development proposal is not located within a geographical area requiring review by
the CRA (Community Redevelopment Agency) or the DDA (Downtown Development
Authority).
Public Notice:
Formal public notice has been provided to property owners within a 500-foot radius of
the subject property. Letters of objection, if any, will be presented at the Planning and
Zoning Board meeting.
Courtesy Notice:
Courtesy notices have been provided to the following homeowner's associations, which
have requested notice of developments in their areas:
0 Jerry Franciosa, PROD
0 Carolyn Zimmerman, Presidents Council
0 Fred Fetzer, Tropic Isles, HOA
0 Jim Murray, Tropic Harbor
0 Joan Borelon, Tropic Bay
The proposal includes the request for two Conditional Uses, one to establish a quick
lane tire service center (all make lube, and tire service) and two, to establish an auto-
repair facility in conjunction with a used car dealership, within a 3.04 acre site located at
2225 and 2255 South Federal Highway. The business was previously a 25,822 sq.ft.
used car automobile dealership without a repair component. The proposal is to remain
as a used car service automobile dealership at the north building (12,728 sq.ft.) but to
add an auto repair component and to convert the south building to a quick lane and tire
service center facility (19,780 sq. ft.). No exterior alterations of the building are being
proposed. Provided the conditions of approval are addressed, the proposed use will be
Planning and Zoning Board Staff Report: Meeting 06/20/05
Quick Lane Tire and Auto Center - ConditIonal Use
Page 8
consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land
Development Regulations. With the provision of the required conditions of approval,
positive findings can also be made with respect to Section 2.4.5(E)(5) that it will not
have a significantly detrimental effect upon the stability of the neighborhood not will it
hinder development or redevelopment of nearby properties.
- ... ~~~.::r~ -. .... l~,i"""'" ··W'Ë..·':A ('1·..·.. 'm··· ~ 1..,. ........ .~..... '.'. ~'.."'J ", ;-
r~~: ::(...,r~i:~·');~ ~f\ L T E R 'AT I, ;-;- C·f.I";. N .....: '.' . ~ - . ::" I ;,~ ~ ::
A. Continue with direction.
B. Move a recommendation of approval of the request for two Conditional Uses, one
to establish a quick lane tire service center (all make lube and tire service) and
two, to establish an auto-repair facility in conjunction with a used car dealership,
by adopting the findings of fact and law contained in the staff report, and finding
that the request and approval thereof is consistent with the Comprehensive Plan
and meets criteria set forth in Sections 2.4.5(E) (5), and Chapter 3 of the Land
Development Regulations, subject to conditions.
C. Move a recommendation of denial of the request for two Conditional Uses, one to
establish a quick lane tire service center (all make lube and tire service) and two,
to establish an auto-repair facility in conjunction with a used car dealership, by
adopting the findings of fact and law contained in the staff report, and finding that
the request is inconsistent with the Comprehensive Plan and does not meet
criteria set forth in Sections 2.4.5(E) (5), and Chapter 3 of the Land Development
Regulations.
'. ...."(:'"'ti. ... ......)i. N .,-@~ ,...... ~... --. ~., '-o\!<"JIii!!..~~....... : ~. """:'~..'~.'
'E ;oM'Y E"" D< D ~ 'if1'O N .-... -..¡...... -:. ~.",.r..J. . ~
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Move a recommendation of approval of the request for two Conditional Uses, one to
establish a quick lane tire service center (all make lube and tire service) and two, to
establish an auto-repair facility in conjunction with a used car dealership, 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(E)(5), and Chapter 3 of the Land Development Regulations;
With said approvals to be subject to the following conditions:
1. That the vision obscuring gates for the dumpster enclosure be replaced;
2. That with any future widening of Federal Highway, the required 20' landscape buffer
must be provided;
3. That a letter from the Palm Beach County Traffic Division stating that the proposal
complies with the Palm Beach County Traffic Performance Standards Ordinance
must be provided by the applicant;
Planning and Zoning Board Staff Report: Meeting 06/20/05
Quick Lane Tire and Auto Center - Conditional Use
Page 9
4. That new landscape material be provided to replace missing trees, shrubs, sod, and
ground cover to reflect the approved 14.86% open space landscape plan on record;
5. Than existing site data for open space be corrected. Open space is not paved area;
6. That no outside speaker PA systems (amplified call/customer system) be allowed on
site; and
7. That all repairs are to be conducted inside the building to reduce noise impacts.
Attachments:
· Location Map
· Site Plan
· Building Floor Plan
Report Prepared By: Estelio Breto. Senior Planner
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[IT' DF DELRA' BEA[H
CITY ATTORNEY'S OFFICE ~()f, \1\\' ht AVE:\lL' m:LRAY BE·\CI-I FLORIDA 334-J..+
J f,LFPHO'\E ~h I ¡~4-,-7í)L!(I . F\CSI\lILE :'61/278-47:'5
Wnter's Direct Line 561/243-7091
DELRAY BEACH MEMORANDUM
f (' ~ I [) ...
D.eatlDATE: July 11, 2005
All-America City
, , III!TO: City Commission
David Harden, City Manager
Susan A. Ruby, City Attorney
1993 FROM:
2001
SUBJECT: JEG Associates. Inc. - Contract
The contract with JEG Associates, Inc. was entered into by the City on March 22,
2005. The agreement term commenced on March 1, 2005 and is for one year
(until February 28, 2006). The agreement provides it may be terminated upon
giving 30 days written notice. If the City terminates the contract, the City is only
responsible to pay the consultant up to the date of termination. Also, the
agreement provides that it is a personal services contract and any assignment
must require the written consent of the City. Thus, the City has the right to deny or
approve any assignment.
I asked that Terrill Barton of our office research the legal and ethical issues
involved. I am providing two ethics opinions to you for your information. Ms.
Barton also contacted the Division of Ethics for their advice.
Based on the above, the City Commission has the following options all of which
are legally permissible:
1. Terminate the contract upon 30 days notice.
2. Accept an assignment to another entity or person or deny such
assignment.
I do not believe it is permissible for the contract to be fulfilled by Mr. Gray even
though it existed prior to his employment with the CRA. I believe under the ethics
opinions it would be impossible to screen Mr. Gray from the work under contract
as it is so integrated with the work he will be doing for the CRA.
Please place this matter on the July 19, 2005 agenda for consideration.
~
Attachment
cc: Janet Whipple, Acting City Clerk
Carolanne Kucmerowski, Agenda Coordinator
Joe Gray, JEG Associates, Inc. <iC.-
. . .
CEO 02-19 -- December II, 2002 Page 1 of 4
CEO 02-19 -- December 11, 2002
CONFLICT OF INTEREST
EMPLOYEE COUNTY ATTORNEY FORMER PARTNER IN LA W FIRM CONTRACTING
WITH COUNTY
To: Name withheld at person 's request
SUMMARY:
No prohibited conflict of interest would be created under Section 112.313(7)( a), Florida
Statutes, were an employed county attorney to receive fees and profit-sharing trom his
fonner law finn which does business with the county under contracts entered into before
he became county attorney. Section 112.316, Florida Statutes, acts as a @grandfather@
clause insulating him from the literal language of Section 112.313(7)(a). CEO's 02-14,
94-35, <L4-l:t, 94-3, and ~2-:48 are referenced.
QUESTION 1:
Would a prohibited conflict of interest be created were you, a full-time-employee county
attorney, to receive a percentage of gross fees collected in the future by your fonner law
finn on files you brought to the finn (not including files where the county is the client),
where the finn provides legal services to the county under contracts entered into prior to
your becoming county attorney?
This question is answered in the negative.
By your letter of inquiry, materials submitted with the letter, and additional infonnation provided
at your direction to our staff via e-mail, we are advised that you are employed full-time as the County
Attorney for Orange County, assuming the position on October 28, 2002.ill Additionally, you advise
that previously you were a partner in a law finn that has served as task-specific legal counsel to the
County for the past several years, via the services of finn members other than yourself; that you no
longer have any rights or obligations related to the operation, control, and/or management of the finn;
and that you have tenninated your relationship with the finn, with the exception of an arrangement
(currently verbal/unwritten, but which may be memorialized) between you[21 and the finn under which
you will be entitled to receive a percentage of future fees collected from clients you brought to the finn
and a percentage ofthe finn's future profits for three years.
Further, we are advised that all of the legal services contracts between the finn and the County
were entered into prior to your becoming County Attorney; that none of these contracts has changed
since you became County Attorney; and that one of the contracts (a construction law contract) will
expire in December 2002, but that it expressly provides that it may be renewed for two additional one-
year periods.
Section 112.313(7)(a), Florida Statutes,ill provides:
CONFLICTING EMPLOYMENT OR CONTRACTUAL
RELATIONSHIP.--No public officer or employee of an agency shall have
or hold any employment or contractual relationship with any business
http://www.ethics.state.fl.us/opinions/02/ceo%2002-0 19 .htm 7/1212005
CEO 02-19 -- December II, 2002 Page 2 of 4
entity or any agency which is subject to the regulation of, or is
doing business with, an agency of which he or she is an officer or
employee. . .; nor shall an officer or employee of an agency have or hold
any employment or contractual relationship that will create a continuing or
frequently recurring conflict between his or her private interests and the
perfonnance of his or her public duties, or that would impede the full and
faithful discharge of his or her public duties.
The statute apparently would prohibit your holding a contractual relationship (i.e., the fee/profit-sharing
arrangement) with the finn, inasmuch as the finn is a business entity doing business with the County by
virtue of the various legal services agreements. However, on numerous occasions, we have found that
Section I 12.313(7)(a) is not to be applied in isolation, but, rather, is to be construed in conjunction with
Section 112.316, Florida Statutes, which provides:
CONSTRUCTION.--It is not the intent of this part, nor shall it be
construed, to prevent any officer or employee of a state agency or county,
city, or other political subdivision of the state or any legislator or
legislative employee from accepting other employment or following any
pursuit which does not interfere with the full and faithful discharge by
such officer, employee, legislator, or legislative employee of his or her
duties to the state or the county, city, or other political subdivision of the
state involved.
Thus, we have utilized Section 112.316 as a Agrandfather@ clause to negate the literal language
of Section I 12.313(7)(a), reasoning that a public officer cannot be tempted to dishonor regarding
contracts between a private finn (with which he holds a contractual relationship) and his public agency
entered into before he assumed his public position. See, for example, CEO 02-14 and our opinions cited
therein.
Therefore, in accord with our precedent, we find that Section 112.313(7)(a) would not be
violated were you to receive a portion of fees and profits as set forth in Question 1.B}
QUESTION 2:
Would a prohibited conflict of interest be created were you to receive a percentage of the
finn's future net profits (for three years) which would include profits from fee payments
received by the finn from the County?
This question also is answered in the negative.
Although you represent (via e-mail response) that the County Attorney's Office refers particular
work to the finn on an Aas needed@ basis under the construction law contract and that billings by the
finn for this work are reviewed by the County Attorney's Office, we do not find that this referral and
review defeats the grandfathering of Section 112.316. See CEO 92-48, in which we found that FDOT
Bureau of Motor Carrier Compliance employees working privately for road-construction finns would
not necessarily be tempted to disregard traffic laws or other standards in an effort to curry favor with
their private employers. See also CEO 94-3, CEO 94-14, and CEO 94-35.
This question is answered accordingly.
QUESTION 3:
http://www.ethics.state.fl.us/opinions/02/ceo%2002-019.htm 7/12/2005
------------
CEO 02-19 -- December II, 2002 Page 3 of 4
Would a prohibited conflict of interest be created were you to receive a percentage of the
firm's net profits for the next three years, excluding profits generated from fees received
from the County?
In accord with our answers to Questions I and 2 above, this Question is answered in the
negative.
ORDERED by the State of Florida Commission on Ethics meeting in public session on
December 5,2002 and RENDERED this 10th day of December, 2002.
Patrick Neal
Chair
[ 11 The letter of inquiry states that you assumed the position on October 21, 2002; however, your later e-mail
corrects the representatlOn to October 28, 2002.
[ 2 ] You advise that you were a member of the firm and that you are party to the arrangement through a professlOnal
services corporation wholly owned by you.
J 3] Section 112.313(7)(a) is applicable to your inquiry because you are a pubhc Aemployee.@ If you were merely
an Independent contractor, Section 112.3 13(7)(a) would not be applicable. See Section 112.313(16), Florida Statutes, which
provIdes:
(16) LOCAL GOVERNMENT A TTORNEYS.--
(a) For the purposes of this sectlOn, >local government attorney= means
any indIvidual who routInely serves as the attorney for a unit of local government. The
term shall not include any person who renders legal servIces to a umt of local government
pursuant to contract hmited to a specific Issue or subject, to specIfic htIgation, or to a
specific admimstrative proceeding. For the purposes of this section, >umt of local
government= Includes, but is not hmIted to, municIpalities, counties, and special dIstricts.
(b) It shall not constitute a violation of subsection (3) or subsection (7) for
a unit of local government to contract with a law firm, operating as eIther a partnershIp or
a professional association, or In any combination thereof, or with a local government
attorney who is a member of or is otherwIse associated wIth the law firm, to provide any
or all legal services to the umt of local government, so long as the local government
attorney is not a full-tIme employee or member of the governing body of the unit of local
government. However, the standards of conduct as provided in subsections (2), (4), (5),
(6), and (8) shall apply to any person who serves as a local government attorney.
(c) No local government attorney or law firm in whIch the local
government attorney is a member, partner, or employee shall represent a pnvate
individual or entIty before the unit of local government to whIch the local government
attorney provides legal servIces. A local government attorney whose contract wIth the
unit of local government does not mclude provisions that authonze or mandate the use of
the law firm of the local government attorney to complete legal servIces for the unit of
local government shall not recommend or otherwise refer legal work to that attorney=s
law firm to be completed for the unit of local government.
[AJ We also find that contracts between the County and the firm entered into before you became County Attorney
http://www.ethics.state.fl.us/opinions/02/ceo%2002-019.htm 7/1212005
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CEO 02-19 -- December 11, 2002 Page 4 of 4
and containing express renewal language for time-certain periods can be renewed even though you hold the position
of County Attorney at the tune of the renewal(s), provIded the provisIOns of the renewed contract remam the same as those of
the original. See CEO 02-]4 (school board member employed by investment banking firm marketing school dIStrIct bonds).
http://www.ethics.state.f1.us/opinions/02/ceo%2002-0 19 .htm 7/1212005
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CEO 89-4 -- January 18, 1989 Page 1 of3
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CEO 89-4 -- January 18, 1989
CONFLICT OF INTEREST
TOWN BUILDING OFFICIAL CONTRACTING
TO DESIGN HOME WITHIN CITY
To: (Name withheld at the person's request.)
SUMMARY:
Section 112.313(7)(a), Florida Statutes, prohibits a public employee from having a
contractual relationship that would impede the full and faithful discharge of his public
duties. Thus, a prohibited conflict of interest exists where a town building official, who
prior to that employment accepted a commission and a retainer fee to design a house
within the town for an individual, is responsible for examining construction plans and
inspecting the actual construction of the house. However, this conflict would be
eliminated if building plan and construction review services independent of the town
were secured for the project.
QUESTION:
Would a prohibited conflict of interest exist were you, a Town Building Official, to
design a house within the Town for an individual where you accepted a commission and
retainer fee for the project prior to your employment with the Town?
Your question is answered in the negative, subject to the conditions noted below.
In your letter of inquiry you advise that you are employed as the Building Official for the Town
of Palm Beach Shores. In this position, you primarily are responsible for examining construction plans
and inspecting the actual construction of local buildings in order to determine compliance with Town
ordinances and the Standard Building Code. You further advise that prior to accepting this employment,
you received a commission and a retainer fee to design a house within the Town for a friend and former
client.
You state that the house plans and exterior design of the house are very similar to a house which
you created for another client. The preliminary plans for the house are in progress, and you have
devoted a sizeable amount of time to the project. Therefore, no other architect could complete the plans
or satisfy your client while keeping the house within budget. You question whether a prohibited conflict
of interest will be created if you review the plans and inspect this structure in your capacity as Town
Building Official.
The Code of Ethics for Public Officers and Employees provides in relevant part:
CONFLICTING EMPLOYMENT OR CONTRACTUAL
RELATIONSHIP .--No public officer or employee of an agency shall have
or hold any employment or contractual relationship with any business
entity or any agency which is subject to the regulation of, or is doing
business with, an agency of which he is an officer or employee . . . ; nor
shall an officer or employee of an agency have or hold any employment or
contractual relationship that will create a continuing or frequently
recurring conflict between his private interests and the performance of his
public duties or that would impede the full and faithful discharge of his
http://www.ethics.state. fl. us/opinions/89/ceo%2089-004.htm 7/1212005
CEO 89-4 -- January 18, 1989 Page 2 of3
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public duties.[Section 112.313(7)(a), Florida Statutes (1987).]
The first portion of this provision prohibits a public employee from having an employment or
contractual relationship with a business entity which is subject to the regulation of his agency. Thus, we
previously have advised that this subsection prohibits a building official from private employment in the
building industry within the area of his jurisdiction, as he or his department would be cast in the role of
approving his work. See CEO 8 L-9 and the opinions cited therein. However, here your contractual
relationship is with the individual for whom you are designing the house, rather than with a "business
entity," as that tenn is defined in Section 112.312(3), Florida Statutes.
The second part of Section 112.313(7)(a), Florida Statutes, prohibits you from having any
employment or contractual relationship that will create a continuing or frequently recurring conflict
between your private interests and the perfonnance of your public duties or that would impede the full
and faithful discharge of your public duties. In CEO 81-10 we noted that this provision, unlike the first
part of the subsection, is not limited in its scope to contractual relationships only with business entities;
rather, its scope covers contractual relationships with both business entities and individual persons. In
that opinion, we detennined that where a municipal code inspector who was a licensed real estate broker
had a contract with an individual who owned property within the city, the contractual relationship
between such a person and the subj ect code inspector as a real estate broker would impede the full and
faithful discharge of his public duty to inspect in an independent and impartial manner the property
owned by the individual. Additionally, we advised that a continuing or frequently recurring conflict of
interest would be created were this situation to occur regularly as an ongoing part of the code inspector's
business as a real estate broker.
In our view, the situation which you have described impedes the full and faithful discharge of
your duty to examine construction plans and inspect the construction of local buildings, as you would be
required to review your own work. In previous advisory opinions we have read Section 112.313(7)(a),
Florida Statutes, together with Section 112.316, Florida Statutes, to imply a "grandfather clause" which
would exempt a business transaction with a business entity doing business with a public employee's
agency entered into prior to the time the individual began public employment. See CEO 86-71, for
example. Section 112.316 states:
CONSTRUCTION.--It is not the intent of this part, nor shall it be
construed, to prevent any officer or employee of a state agency or county,
city, or other political subdivision of the state or any legislator or
legislative employee from accepting other employment or following any
pursuit which does not interfere with the full and faithful discharge by
such officer, employee, legislator, or legislative employee of his duties to
the state or the county, city, or other political subdivision of the state
involved.
While your prior contractual obligation would indeed interfere with the full and faithful
discharge of your public duties in a very limited sense, that is, with regard to subject project, the
Legislature also has provided that:
It is the intent of this act to implement these objectives of
protecting the integrity of government and of facilitating the recruitment
and retention of qualified personnel by prescribing restrictions against
conflicts of interest without creating unnecessary barriers to public
service. [Section 112.311 (4), Florida Statutes.]
With this policy in mind, we believe that the conflict inherent in having you inspect your own
work may be eliminated if building plan and inspection review services independent of the Town are
http://www.ethics.state.fl.us/opinions/89/ceo%2089-004.htm 7/1212005
CEO 89-4 -- January 18, 1989 Page 3 of3
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secured in this instance. Similarly, in CEO 81-20, we advised that a prohibited conflict of
interest would be created were the chief building inspector of a city to contract for the construction of a
warehouse complex on property owned by him within the city, unless two conditions were met. First,
the building inspection services regarding the warehouse complex were to be made by an agency
independent of the city, which would eliminate the conflict inherent in the building inspector or his
subordinates inspecting work to be done for himself. Secondly, the contractor and the subcontractors on
the warehouse complex could not be doing other work within the city which would subject them to the
regulation of the building inspector at the time he contracted with them. We also have advised that a
municipal building official could contract for the purchase of a condominium unit as a personal
residence within the municipality prior to the construction and completion of all building inspections so
long as he removed himself from personal involvement and decision-making in connection with the
building department's regulation of the construction of his residence and the entire condominium
development. See CEO 81-51.
No public disclosure of this relationship will have to be made, other than through the annual
filing of the statement of financial interests required of the chief building inspector for each municipality
pursuant to Section 112.3145(l)(a)3, Florida Statutes. As that law requires disclosure of each source of
income in excess of five percent of the official's gross income, your commission and fee would have to
be disclosed ifin excess of that five percent threshold.
Accordingly, we find that no prohibited conflict of interest would be created were you, a Town
Building Official, to design the house where you accepted a commission and retainer fee for the project
prior to your employment with the Town, if building plan and inspection review services independent of
the Town are secured for the project.
http://www.ethics.state.fl.us/opinions/89/ceo%2089-004.htm 7/12/2005
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CONSULTING AGREEMENT
BETWEEN THE CITY OF DELRA Y BEACH
AND JEG ASSOCIATES. INC.
THIS AGREEMENT is made this ~àY of M.c:.c()J-- I 2005 by and
between the CITY OF DELRAY BEACH, a Florida municipal corporation (hereinafter
referred to as "City") and JEG ASSOCIATES, INC. (hereinafter referred to as
"ConsultanttJ).
WIT N E SSE T H:
WHEREAS, the City is committed to the economic development of the City of
Delray Beach, which is enhanced by the development of neighborhood plans; and
WHEREAS, the City and Consultant are desirous to enter into a consulting
agreement wherein Consultant will provide professional consulting services and assist
with the implementation of the Southwest Neighborhood Plan; and
WHEREAS, the CRA shall provide payment to the City, by a separate
agreement (attached hereto as Exhibit "1") in order to assist the City with financing the
services of Consultant.
NOW, THEREFORE, in consideration of the mutual covenants and promises
herein contained, the parties hereby agree as follows:
1. Recitations. The recitations set forth above are incorporated as if fully
set forth herein.
2. Performance. The Consultant shall perform all services with the highest
level of professional skill and competence and shall complete all services in an efficient
and timely manner.
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3. Duties. Consultant's duties are as follows:
(a) Consultant shall provide consulting services which shall include,
but not be limited to the following tasks:
1. Provide information updates and technical support related to
SWNRP projects and issues to WATT and other
neighborhood and community organizations.
2. Provide technical support related to organization planning,
operations and capacity building to WAIT.
3. Facilitate community meetings, workshops, and
presentations related to SWNRP projects, plans and issues.
4. Publish quarterly WATT newsletter.
5. Assist in planning and implementation of SWNRP public
relations projects and events.
6. Coordinate organization of Delray Beach CL T in accordance
with plan established by Burlington Assoc.
7. Coordinate planning, design, and construction activities for
the following projects: S.W. 15th Avenue parks/greenway;
Bi-Lo/9th Avenue Workforce Housing/Mixed Use
development; Assist with land acquisitions on as-needed
basis.
The Consultant also agrees to perform and accomplish the required tasks
within the timeframes outlined in the Scope of Services attached as Exhibit "A" to
Exhibit "1" of this Agreement.
b. Additional services may be agreed upon, in writing, from time to
time.
.
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4. Term. This Agreement shall commence on March 1, 2005 and shall
expire one (1) year from the date of execution of the agreement. This Agreement may
be terminated by either party with thirty (3D) days advanced written notice.
5. ComDensation. During the term of this Agreement, the Consultant shall
be paid a total amount of Seventy Thousand Dollars ($70,000.00). Consultant shall
be paid a lump sum of Twenty-one Thousand Dollars ($21,000.00) within thirty (3D)
days of execution of this Agreement as a mobilization fee. The balance of Forty-Nine
Thousand Dollars ($49,000.00) shall be paid in eleven (11) equal monthly payments
during the effective date of this Agreement, payable upon Consultant's submission of
an invoice to the City. If the Agreement is terminated, the City shall only be
responsible to compensate Consultant for fees billed up to the date of termination. Of
the Seventy Thousand Dollars ($70,000.00) to be paid to Consultant, the City shall be
responsible for Thirty Thousand Dollars ($30,000.00) and the CRA shall pay the City
the remaining Forty Thousand Dollars ($40,OOO.OO) by separate agreement (attached
hereto as Exhibit "1 ") in order to help pay for the second year of services offered by JEG
Associates, Inc.
6. RelationshlD of the Parties. The parties intend that the Consultant,
performing services specified in this Agreement, shall act as an independent contractor
and shall not be deemed an agent, legal representative, joint venturer, partner,
employee or servant of the City for any purpose. Consultant shall have sole control of
the work and the manner which it is performed. Consultant shall be free to contract for
similar services to be performed for other entities or persons while under contract with
3
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the City. Consultant is not entitled to participate in any pension plans or other benefits
provided by the City.
7. Compliance with Law. Consultant shall comply with all applicable laws,
rules and regulations, including, but not limited to applicable worker's compensation,
employer liability, Fair labor Standards Act, and other federal, state, county and
municipal laws, ordinances, rules and regulations, as may be applicable.
8. Taxes. Consultant shall be responsible for all federal, state or local taxes
of any kind which Consultant now or hereafter shall be liable for or required to pay
either on its own behalf, on behalf of his employees, or on behalf of the City or
otherwise, and shall pay all penalties and interest thereon.
9. Assianment. This Agreement is a personal service contact. An
assignment of the duties to be provided under this Agreement shall require the prior
written consent of the City.
10. Indemnification. Consultant shall indemnify, defend and save the City,
its officers, employees and agents harmless from any and all taxes, penalties and
interest, that is claimed to be due, and claims, liability, and causes of action arising out
of the willful, intentional or negligent performance of the duties covered by this
Agreement by Consultant or his officers, agents or employees, and Consultant shall
pay all claims and losses in connection with the performance of this contract, including
taxes, interest and penalties including, but not limited to, all costs, judgments and
attorney's fees at the trial or appellate levels.
4
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11. Notices. All notices shall be effective when mailed at the following
addresses:
JEG Associates, Inc.: Joe Gray, President
5702 Normire Drive
Orlando,FL 32839
City of Delray Beach: David Harden, City Manager
100 N.W. 1st Avenue
Delray Beach, FL 33444
12. Governina Law: Venue. This Agreement shall be governed by the laws
of the State of Florida and venue shall be in Palm Beach County, Florida
13. Non-Discrimination. Consultant shall not discriminate on the basis of
age, religion, race, sex, marital status or handicap in the performance of this
Agreement.
14. Non-Exclusive. The provision of the services provided for herein is non-
exclusive. The City may retain additional entities or persons to perform the same or
similar work, if in its sole discretion the City desires to do so.
15. Entire Aareement: Modifications. This Agreement constitutes the entire
agreement between the parties, and supersedes all previous discussions or previous
writings between the partied. No waiver, alteration, or modification of any of the
provisions of this agreement shall be binding unless in writing and duly execute by the
parties.
5
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IN WITNESS WHEREOF, the parties have heretofore set their hands and seals
on the day and year first above written.
A TIEST:
~~-~ By:
City Clerk
Approved as to Form:
,-
¿
STATE OF FLORIDA
COUNTY OF ~n..l CY'\ 5~o..u,
The foregoing instrument was acknowledged before me this ~ day of
1""f"\o..yÙ) , 2005 by ... \r~<;,t' ph ($ a...vù (name of officer or agent,
title of officer or agent) of .... )E.(; ^~rÄ....\.~ (name of corporation
acknowledging), a F\ Ot\ ri 0..... (state or place of incorporation) corporation, on
behalf of the corporation. ~he is personally known to me or has produced
(type of identification) as identification.
~r>.~ IY'I VI. ~,
Nota Public - State of Florida
".'111", Juliana M. Steele
/~.~~ Commission #00341329-
~~.~:"1 Exp~2008
'-'''ö; J!:. .....-... So........ ro- IDe
1/11'''''' ~ .......""""'"'. .
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EXHIBIT ·'1"
INTERLOCAL AGREEMENT BETWEEN
THE CITY OF DELRAY BEACH AND THE
COMMUNITY REDEVELOPMENT AGENCY
THIS INTERLOCAL AGREEMENT is made this \0 ~ay of mcrc..LL- , 2005 by
and between the CITY OF DELRAY BEACH, a Florida municipal corporation ("City") and the
COMMUNITY REDEVELOPMENT AGENCY, a community redevelopment agency created
pursuant to Fla. Statute, Chapter 163, (MCRAM).
WIT N E SSE T H:
WHEREAS, the City and the CRA are committed to the economic development of the
City of Delray Beach, which is enhanced by the development of neighborhood plans; and
WHEREAS, the City has entered into an agreement with JEG Associates Inc. regarding
the implementation of the Southwest Neighborhood Plan; and
WHEREAS, the CRA shall provide payment to the City regarding the agreement
between the City and JEG Associates, Inc., as set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, the parties hereby agree as follows:
1. Recitations. The recitations set forth above are incorporated as if fully set forth
herein.
2. Payments. The CRA shall pay to the City forty thousand dollars ($40.000.00)
within seven (7) business days of the City's request for payment. This money shall be used by
the City to help pay for the second year of services offered by JEG Associates, Inc.
3. The CRA's contributions shall be used by the City to fund the payment to JEG
Associates, Inc., regarding the items that JEG shall perform relating to the implementation of the
Southwest Neighborhood Plan and the Community Redevelopment Plan. (See Exhibit MAR, JEG
Associates, Inc. Scope of Services).
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4. This Agreement shall not be effective until signed by the parties to this
Agreement.
5. This Agreement constitutes the entire Agreement between the parties. To be
effective, any modifications shall be in writing and signed by the parties, and signed by persons
with authority to bind the parties.
6. Upon full execution of this Agreement, this Agreement (less attachments) shall
be recorded in the Public Records of Palm Beach County, Florida.
IN WITNESS WHEREOF, the parties have heretofore set their hands and seals on the
day and year first above written.
ATTEST:
~~.~~ By:
City Clerk
~::~~ :;MMU
rint Name: ~ ìF p.' a e:
~: (.IY>.u<Y>"-'l
Print Name:
STATE OF FLORIDA - -
COUNTY OF Çh1rY"\ f>t" ù.( k)
The foregoing instrument was acknowledged before me this ~ day of
rY"cN~ . 2005 by HCVJ~ £\\ ,nrf"-J'YA.1Y, (name of officer or agent, title of
officer or agent) of (» Á( ~ D.. (h (11 A (name of corporation acknowledging), a
(state ace of incorporation) corporation, on behalf of the corporation.
H She is personallv known to me or has produced (type of
i entification) as identification.
",IU'II,.I 1~·':- M (i, "UH" r;.
~,~~ UWI;D~ ., _,.~'Y!t,__ JUliana M. Steel
- '"",\\'. :: 0Immissi0n ·'1' -~"::":":~';'~~ ,..~_~-.-- e
~;;. ';):..: Ð....:res. r' -. ~.: ':..~ ~ #DDJJ 1.129
__~.~j1:"""'t'. . .h. .OJ;. ~..J.- Ð....:res· S os
,,;:'Õô~.- Bond.... '" --'~òó;;."--~ -P' Bond· ,eJ' .2008
1111' AdlnticBondlno i. . ''''Jflt\'\'' A.fI.-..=_ Cd f '\h,
-.."'" .. ~Bondq<:.o..1nt:
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Exhibit "A" JEG Associates. Inc. - Scoøe of Services
JEG Urban Planning Associates. Inc. shall provide consulting services which shall include, but not be
limited to the following tasks and which shall be completed within the specified timeframes:
TASKS OUTCOMES TIMEFRAME
Provide information updates and technical Enhanced stakeholder MONTHL Y/AS
support related to SWNRP projects and issues knowledge of plans, REQUESTED
to WATT and other neighborhood and community projects and activities.
organizations.
Active grassroots
participation in
Provide technical support related to organization neighborhood and
planning, operations and capacity building to community civic AS
WATT activities. REQUESTED
Facilitate community meetings, workshops, and Enhanced stakeholder
presentations, related to SWNRP projects, plans, knowledge of plans, QUARTERL Y/AS
and issues. Droiects and activities. REQUESTED
Publish quarterly WATT newsletter Enhanced stakeholder QUARTERL Y
knowledge of plans,
Droiects and activities.
Assist in planning and implementation of SWNRP Increased community
public relations projects and events. awareness of SWNRP AS
Droiect milestones. REQUESTED
Formation of CL T
operations plan and
Coordinate organization of De/ray Beach CL T in governance structure--
accordance with plan established by Burlington CL T staffed and
Assoc. oDerational 8 MONTHS
Coordinate planning. design, and, construction Projects will be TBD for
activities for the following projects: SW 15th compatible with individual
Avenue parkslgreenway; Bi-Lol 9th Avenue SWNRP concepts and projects
Workforce Housing,/Mixed-Use development; priorities. Projects will
Assist with land acquisitions on as-needed basis. be completed on time
and within budaet
3
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # 9D - REGULAR MEETING OF JULY 19. 2005
PROPOSED MILLAGE RATE
DATE: JULY 15, 2005
The backup material for this item will be distributed prior to or at Tuesday Night's Meeting.
s:\Ctty Clerk\agenda cover memos\Proposed Mtllage Rate 071905
,
,
City of Delray Beach
Memo
To: City Commission
From: City Manager tìfV\
cc:
Date: July 19, 2005
Re: Proposed Millage for FY 2006
I recommend that the proposed millage for FY 2006 be set at 7.9 mills, a reduction of 1/10th mill from
the 2005 ad valorem tax rate. While this reduction is small, it equates to $614,000 in revenue. In light
of the phenomenal increase in the City's tax roll this year, I think it would be well to share some of that
increase with our tax payers. Bear in mind also that the proposed millage could be reduced further
when the Commission sets the tentative millage and final millage after public hearings on the budget,
but it is very difficult to increase the rate above the proposed rate since it requires written notification to
every property owner in the City.
I wish that I could recommend a larger millage reduction, but I do not feel I can do that in light of the
facts outlined below.
At 7.9 mills the City's property tax revenue will increase $7,100,000 over last year. However, property
taxes generate only 55% of the City's General Fund revenues. Total General Fund revenues
increased by $7,200,000 over last year, so revenues other than property taxes are relatively
unchanged. This additional revenue is more than offset by the following cost increases:
Salaries $1,800,000
General Employees Pension 376,000
Police and Fire pension 1,000,000
Retiree Health Trust (Police added) 213,000
Health Insurance 409,000
Worker's Compensation 394.000
Total Personnel Costs $4,255,000
Electricity 108,000
Fuel 107,000
Take Home Cars 175,000
1
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Debt Service 500,000
Transfer to CRA 2,250,000
Library Funding 300,000
Total Expense Increases $7,695,000
This budget includes the following additional positions in the General Fund:
2 Police Officers - Clean and Safe, funded by CRA
1 Electrician - Clean and Safe, funded by CRA
3 Landscape Maintenance Personnel - Clean and Safe, funded by CRA
1 Assistant Director of Community Improvement
4 Paramedics to upgrade Engine 3 to ALS capability
1 Fire inspector
2 Recreation Supervisors for Catherine Strong Park, plus 2 part time positions
3 Parks Maintenance personnel for a full year and 5 for eight months to maintain our new parks
which are being constructed, (Catherine Strong Park, Lake Ida Park, Cornell Park, Mike
Machek Park) in addition to upgrading maintenance at other park facilities.
I believe that all these positions are needed to maintain or make requested improvements in the services
we provide to our citizens.
Our complete budget proposal will be distributed on Friday of this week. I look forward to working with
you to finalize our spending plan for FY 2006.
. Page 2
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01:
PH
r CITY COMMISSION OOCUMENTÄTION I
TO:
THRU: OF PLANNING AND ZONING
FROM:
SUBJECT: MEETING OF JUNE 19, 2005
DIRECTION ON CURRENT CITY POLICY AS IT RELATES TO NAMING AN
INGRESS-EGRESS EASEMENT "PUGLIESE'S WAY", LOCATED AT THE
NORTHEAST CORNER OF NE 1ST STREET AND NE 2ND AVENUE WITHIN
THE CREATIONS AT DELRAY BEACH DEVELOPMENT.
I BACKGROUND I
In 1989, the City held a "Street Name Auction" as a fundraiser for Old School Square. Fourteen local
streets and alleys were offered for naming, with the choice of the names going to the highest bidders. On
January 25, 1994, the City Commission adopted the following policy:
"It is the policy of the City Commission of the City of Delray Beach, Florida not to entertain requests for
the changing of street names in order to recognize or honor individuals.
The adoption of this policy was in part due to problems that were experienced in the renaming of streets
for the Street Name Auction. Subsequent requests for name changes had not been well received and the
Commission wanted to deter future requests from being made.
On June 7, 2005, the City Commission approved a Final Plat for Villas in the Grove (a.k.a. Astor
Condominiums), a mixed-use condominium project located within the Creations at Delray Beach
development An ingress-egress easement was dedicated on this plat to serve as a southerly extension
of the north-south alleyway through this site to connect to NE 1 sl Street. The site is currently owned by
Mr. Pugliese (Creations at Delray Beach owner) and Altman Development Corp., (Owner/Developer for
Astor Condominiums). The formal request is to name the ingress-egress easement as shown on the plat
of Villas in the Grove as "Pugliese's Way." The item IS now before the Commission for consideration.
I ANAL YSIS I
As previously mentioned, the City Policy is clear and typically we would not ask for an ingress-egress
easement serving as an alle~ay/drive aisle to be named; especially when access and addressing is
readily available from NE 1 s Street and NE 2nd Avenue. The City's Fire Department reviewed the
development proposal and requested that if the name is approved, all units including those in the new
Astor Condominium Development (west side of the easement) also be addressed from this easement as
it serves as their access. The Development Services Management Group (DSMG) reviewed this request
and also recommended that if naming this alleyway was supportable, the entire alley from NE 1 sl Street to
NE 2nd Street should be named and all new buildings should be addressed from this named alley. After
meeting with Mr. Goodfellow, Vice President of Altman Development Corp., he is not opposed to the
naming of the alleyway, but is strongly opposed to any of his new buildings being addressed from this
named alleyway.
I RECOMMENDED ACTION ,
Board discretion.
Attachments: Location Map
Reduced Plat of Villas in the Grove
Reduced Site Plan
C\E
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ASTOR-DELRA Y, LLLP
c/o Altman Development Corporation
1515 South Federal Highway, Suite 300
Boca Raton, Florida 33432
July IS, 2005
Ms. Lula Butler
Director of Community Improvement
100 N.W. 1 st Avenue
Delray Beach, FL 33444
Attn: City of Delray Beach Commission
Re: Astor Condominium Development,
Delray Beach, Florida
Dear Ms. Butler:
Astor-Delray, LLLP is the owner of the alley between NE 2nd Avenue and NE ]rd
A venue, north of NE I st Street, together with the property on each side of the alley to be
developed with the mixed-use Astor Condominium, other than the building owned by Pineapple
Grove Properties, Ltd., currently approved for platting on the Plat of Villas in the Grove. Please
be advised that we do not object to the naming of the alley "Pugliese's Way", provided that the
Astor commercial condominium units have street addresses on N .E. 2nd A venue and the Astor
residential condominium units have street addresses on NE 1 st Street.
Thank you for your consideration.
Very truly yours,
ALTMAN DEVELOPMENT CORPORATION,
agent for ASTOR-DELRA Y, LLLP
By:
dfellow, Vice President
Cc: Mr. Nguyen Tran
Mr. Paul Dorling
:-t.~ qt
MEMORANDUM
TO: MAYOR AND CIlY COMMISSIONERS
FROM: CIlY MANAGER ~
SUBJECT: AGENDA ITEM # q~ - REGULAR MEETING OF JULY 19, 2005
AMENDMENT NO. lIFUNDING AGREEMENT /COMMUNITY
REDEVELOPMENT AGENCY (CRA)/CHAMBER OF
COMMERCE/BUSINESS RECRUITMENT
DATE: JULY 15, 2005
This is before Commission to consider approval of Amendment No.1 to the Funding Agreement
between the City, the Community Redevelopment Agency (CRA), and the Chamber of Commerce for
the funding of the Business Recruitment Director position.
On December 31, 2002 the City, CRA, and Chamber entered into an agreement providing for the
funding of the Business Recruitment Director position. The initial funding provided by the City was
$50,000.00 with the CRA providing $25,000.00.
The Chamber has requested that the City and the CRA increase their funding for this position. The
attached amendment will increase the City's funding from $50,000.00 to $65,000.00 and increase the
CRA's funding from $25,000.00 to $35,000.00. The Chamber has indicated that the City's $15,000.00
increase in funding can come from the $25,000.00 we have been allocating to them for economic
development, therefore, the City will not incur an additional expense by approving the increase.
Recommend approval of Amendment No.1 to the Funding Agreement between the City, the
Community Redevelopment Agency (CRA), and the Chamber of Commerce for the funding of the
Business Recruitment Director position.
S:\Clty Clerk\agenda cover memos\CM Memo\Busmess Recrwtment 071905
. ~
.
[IT' DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE ~i\f) '\\\ 1'1 ,\VI·'H'E· DlLRAY BEACH. FLORIDA 33444
-I U.r,PHO'\f-, .:;¡,! í~-n, 7090' 1<\CSI\IILF ':;61 f2ïg-4755
DELRAY BEACH Writer's Direct Line: 561/243-7091
F L 0 Ii: I D A
Dad
All-America City
, III I! DATE: MEMORANDUM
July 14, 2005
1993 TO: City Commission
2001
David Harden, 9!ï-Manager
Þ-. """"---
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Amendment NO.1 to the Fundina Aareement with the Chamber and
CRA Reaardina the Business Recruitment Director Position
On December 31, 2002 the City, CRA and Chamber entered into an agreement
providing for the funding of the Business Recruitment Director position. The
agreement was for a 2 year period. The initial funding provided by the City was
$50,000.00 with the CRA providing $25,000.00.
The Chamber has requested that the City and CRA increase their funding for this
position. The attached amendment will increase the City's funding for the
Chamber's Business Recruitment Director from $50,000.00 to $65,000.00. The
Amendment will increase the CRA's funding from $25,000.00 to $35,000.00. This
Amendment shall also extend the Agreement for a 2 year period starting August 1,
2005.
Our office requests that this item be placed on the July 19, 2005 City Commission
agenda. Please call if you have any questions.
Attachment
cc: Chevelle Nubin, City Clerk
Robert Barcinski, Asst. City Manager
Diane Colonna, CRA Executive Director
Bill Wood, Delray Beach Chamber of Commerce
----- --
~ Br"AO ShlÀ-~
....~
ßul~ t,/~3J05"
GREATER ~
DELRAY BEACH
Chamber of Commerce
June 23, 2005 FïEC+=¡VEt)
Mr. David Harden, City Manager JUL , 3 2005
City of Dekay Beach RECEIVE CITY ATTORNEY
100 NW 1st Avenue
Delray Beach, FL 33444 JUN / 3 200~
c As~.
ITy V'r,
Subject: Budget Request MANAGi:..
Weare approaching the end of our two year contractual agreement with the City of Dekay Beach and
the Community Redevelopment Agency to provide professional economic development and business
recruitment services. The original contract provided to the Greater Dekay Beach Chamber of
Commerce was to plan, organize, implement and direct an economiclbusiness recruitment program in
order to bring new jobs to the City of Dekay Beach and enhance the downtown retail market through
the recruitment of targeted businesses. During this period, mudh of the focus was on completing an
economic development strategic plan with specific goal settingfor economic redevelopment in Dekay
Beach. The strategy focused on two main parts: Attracting business and creating new jobs to
participate in the new "innovative" economy; and creating an environment which would attract new
investment to aid in the redevelopment of a livable community for all of the citizens of the city.
After analyzing the assets of the community, a plan was developed that will encourage the
development of new office space in our business corridor on Congress A venue, and encourage the
redevelopment of our retail centers that could also include opportunities for an increase in the
availability of workforce housing. The strategy was reviewed in December by the Florida Public
Officials Design Institute where several resource experts addressed the issues presented and offered
suggestions and recommendations on how to achieve the goals outlined.
Just this last month we received the first draft of a downtown retail study funded by the CRA and
conducted by H. Blount Hunter Retail and Real Estate Research Company to assist Dekay Beach in
identifying targeted businesses and in developing a marketing plan to attract retail segments. This
draft will be presented to the CRA in July. This study will greatly assist in defming the amount of
retail space that the city is capable of supporting and the types of retail that should be recrui~ed to
Delray Beach, particularly in the various clusters identified by the Downtown Development
Authority's Cluster Study. Conclusions of the study show that while we are successful, we now need
to shift from restaurants as the primary reason for visitors coming downtown to consumable retail
shopping as our visitors' principal reason for utilizing our downtown, Additionally, there needs to be
even more emphasis on providing year-round entertainment, activities and program venues.
On a daily basis, recruitment efforts are underway to assist new businesses in fmding suitable
locations. Many of the clients have been seeking small offices, such as Venture 2, a new business to
locate in Delray Beach. S&H Solutions, on the other hand, is a headquarters company that sought
office location guidance and assistance and has subsequently relocated from Fort Lauderdale to the old
-
'.
Universal Studios office at Congress and Germantown Road. We have also been successful in
r . assisting-several new retail operations such as the Avalon Gallery which sells distinctive glass and
specialty items created by artists throughout the country. Additionally, recruitment of specialized
retail such as women's apparel and accessories, jewelry and men's fashion are proceeding. These
types of efforts are ongoing and typify the recruitment role that is underway. Other examples include
assistance to new establishments such as Fitzy's Restaurant, a new restaurantlbar that will be located
on SE 1 st Street. Our economic development efforts are successfully establishing the role of the
recruitment director as the contact and resource center to help potential clients identify suitable
locations to establish their business in our city.
As part of the jot ~~1ng of the position, the Chamber of Commerce is requesting the City approve
an allocation ofi 65 00 for each of the next two years. This will enable the position to be properly
funded for salary and benefits expenditures, and will also allow us to fund the amount needed to
market the office and retail areas as defmed in our "Economic Strategy for Delray Beach". The
following infonnation is provided to serve as a guide for explaining the expenses for our recruitment
efforts.
Perfonnance measurements to evaluate the progress will be categorized in 3 areas: business
development, economic outcomes, and marketing progress. Under business development, we will
track the number of occupational licenses created which will enable us to compare the number of new
businesses from year to year. A second tracking measurement will be the comparison of sales tax
generation. As one result of the Blount Hunter Study, we can compare the increase in the cluster areas
sales taxes from year to year to the Consumer Spending estimates provided by the federal government.
Finally, as the marketing plan is completed, we will be able to track the number of leads generated and
establis~ a rate of conversion that tells us how many leads actually become successful projects.
~
. -}~ -..~
William J. Wood
President
~ ". Proposed Salary/Benefit and Marketing Budget
Salary and Benefits Packal!e S 80,000
Orl!anizational Memberships. Subscriptions S 6,000
Retail and Economic Development Conferences
And Seminars
Creative. Printinl!. Advertisinl! and Marketinl! Materials S 11,000
To Assist in Recruitment Efforts
Other Expenses Includinl! Postal!e and Entertainment S 4,000
Total Budl!et S 100,000.00
'.
I Greater Delray Beach Chamber of Commerce 164 SE 5th Ave. I Delray Beach FL 33483 1(561) 278-0424 FAX 278-0555
bwood(õ}delravbeach.com I www.delravbeach.com
AMENDMENT NO.1 TO THE FUNDING AGREEMENT BETWEEN THE CITY
OF DELRAY BEACH, DELRAY BEACH COMMUNITY REDEVELOPMENT
AGENCY AND THE GREATER DELRAY BEACH CHAMBER OF
COMMERCE DATED DECEMBER 31,2002
THIS AMENDMENT NO.1 is made this day of ,200_ to the
Agreement dated December 31, 2002 between the CITY OF DELRA Y BEACH, (City),
the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, (CRA), and
the DELRAY BEACH CHAMBER OF COMMERCE (Chamber).
WITNESSETH:
WHEREAS, the parties entered into an Agreement to furnish the funding for the
Business Recruitment Director position in the Chamber to provide professional economic
development and business recruitment services; and
WHEREAS, the parties desire to amend the Agreement to provide for increased
funding from the City and CRA and to extend the term of the Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises
herein contained, the parties hereby agree as follows:
1. The recitations set forth above are hereby incorporated herein.
2. Paragraph 5 of the Interlocal Agreement is hereby amended to provide that
the CRA shall contribute $35,000.00 per year and the City shall contribute $65,000.00
per year. Paragraph 10 is hereby amended to provide that the term for this Agreement
shall be for a period of 2 years and shall commence on August I, 2005.
3. All other terms of the original Interlocal Agreement remain in full force
and effect, except as expressly modified herein.
4. This Amendment shall not be valid until signed by the Mayor and the City
Clerk.
ATTEST: CITY OF DELRA Y BEACH, FLORIDA
By:
City Clerk Jeff Perlman, Mayor
Approved as to Form:
City Attorney
WITNESSES: COMMUNITY REDEVELOPMENT AGENCY
By:
Print Name:
Print Name:
(SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this _ day of
, 200_, by ,as
(name of officer or agent, title of officer or agent), of
(name of corporation acknowledging), a (state or place of incorporation)
corporation, on behalf of the corporation. He/She is personally known to me or has
produced (type of identification) as identification.
Notary Public - State of Florida
WITNESSES: GREATER DELRA Y BEACH CHAMBER OF
COMMERCE
By:
Print Name:
Print Name:
(SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this _ day of
, 20o_, by ,as
(name of officer or agent, title of officer or agent), of
(name of corporation acknowledging), a (state or place of incorporation)
2
-
corporation, on behalf of the corporation. He/She is personally known to me or has
produced (type of identification) as identification.
Notary Public - State of Florida
3
MEMORANDUM
TO: MAYOR AND CI1Y COMMISSIONERS
FROM: ClTYMANAGER~
SUBJECT: AGENDA ITEM # 9<7 - REGULAR MEETING OF ]UL Y 19, 2005
EXENSION /MOTOROLA MAINTENANCE AND SUPPORT
AGREEMENT
DATE: JULY 15, 2005
This is before Commission to approve an extension to the Maintenance and Support Agreement
SA#002292-000 with Motorola in the annual amount of $46,044.00 for support and upgrades to the
Mobile Data Computer Software for the Police Department.
This will extend our current maintenance contract with Motorola for the support of our Mobile Data
Computer Software used by our police officers in the field. The extension period is from October 1,
2005 through September 30, 2006.
Funding is available from 001-2113-521-46.90 (General Fund/Other Repair/Maintenance Costs).
Recommend approval of an extension to the Maintenance and Support Agreement SA#002292-000
with Motorola in the annual amount of $46,044.00 for support and upgrades to the Mobile Data
Computer Software for the Police Department.
S:\Clty Clerk\CM Memos\CM Ext Motorola Mamt Agmt071905
-
. .
Delray Beach P~LRfY, B~A~I-!
Police Department ........
Ail-America City
300 West Atlantic Avenue , III 1,'
Delray Beach, Florida 33444-3695
(561) 243-7888 Fax (561) 243-7816
Joseph L. Schroeder 2004 1993
MEMORANDUM 2001
Chief of Police
TO: David T. Harden
City Manager
FROM: Tina L. Lunsford
Administrative Officer
DATE: July 7, 2005
SUBJECT: AGENDA REOUEST
The Delray Beach Police Department has requested that the attached agenda item go before the
Commission on July 19,2005, for approval.
Extension to Maintenance and Support Agreement SA #002292-000, Product Type: Premier
MDC. This will extend our current maintenance contract with Motorola for the support of our
Mobile Data Computer software used by our police officers in the field. Contract period is
October 1, 2005 thro September 30, 2006, and includes the following software at a cost of
$46,044.00 annually:
Product Descriotion Otv
Premier Message Switch 1-500 Server Level 1
Software
Premier MDC Mobil Client Licenses 141
(101-500 units)
TalkThruIRF Server Software I
TalkThruJRF Mobile Client Licenses 141
Premier MDC In-House Client Software 30
CAD Interfilce Motorola API only 1
Attached is the "Extension to Maintenance and Support Agreement SA #002292-000."
Funding is available in 001-2113-521-46.90.
Should you require further information, please contact me at ext. 7852.
TLUvls
Attachment
cc: Chief Schroeder
Patsy Nadal
Carolanne Kucmerowski
Serving with P.RJ.DE.
Professionalism, Respect, Integrity, Diversity and Excellence
~
.
- MOTOROLA
June 9, 2005
City of Delray Beach
Attn: Mr Jon Levinson
100 NW 1st Avenue
Delray Beach, FL 33444
RE: Extension to Maintenance and Support Agreement SA #002292-000
Product Type: Premier MDCTM
Dear Customer:
By means of this letter, Motorola hereby extends City of Delray Beach maintenance and support
agreement as referenced above. Enclosed are two (2) copies of the updated Exhibit A Descnptlon of
Covered Products, Exhibit B Support Plan, Exhibit C Support Plan Options and Pricing Worksheet and
Exhibit D Billable Rates for the period October 1, 2005 to September 30, 2006 Pursuant to Section 3.2 of
the onglnal agreement as referenced above, all terms and conditions shall remain In full force and effect
Please indicate acceptance of this extension by signing the acceptance block below and return one
copy to my attention at, Motorola, 1250 North Tustin Avenue, Anaheim, California 92807 or fax it to
my attention at 714-237-0050 on or before October 1, 2005 Failure to return this fully executed letter
on or before October 1, 2005 will result In a lapse in maintenance, which will be subject to a 10%
recertification and reimplementation fee.
If you have any questions or need further clarification, please contact me directly at (714)688-3192 or e-
mall andy sandoval@motorola com.
~~W~
Andy Sandoval
Specialist Contracts Administration
Motorola, Inc.
Accepted by:
MOTORO~C. CITY OF DELRA Y BEACH
Signed by:
Signed by if ~ //</'
Printed N e: John M. Hiett Pnnted Name:
Title: MCEI Vice President of Customer Support Title:
Date. June 9.2005 Date:
Motorn/::I In~ Inf~gr;::¡tørl ~()llltl()nc: nI\JI~I(m
1250 1!&()f,J&IÐ"Avenue Anaheim. CA 92807 USA Tel +71423820001 ver 04 30 04
Exhibit A
DESCRIPTION OF COVERED PRODUCTS
MAINTENANCE AND SUPPORT AGREEMENT NO. 002292-000
CUSTOMER: City of De/ray Beach
The following table lists the Products under maintenance coverage:
Product Description Node Name aty
Premier Message 1-500 Server Level 1
Switch Software
Premier MDCTM Mobile Client Licenses (101- 500 Units) 141*
TalkThru/RF Server Software 1
TalkThru/RF Mobile Client Licenses 141 *
Premier MDCTM In-House Client Software 30*
CAD Interface Motorola API only 1
*Includes 21 additional PMDC Client licenses, 21
Additional Mobile Client licenses, and 30 In-House
Client licenses.
Purchase Order Reference No. 621095
ISD M&SA - Exhibit A 2 ver. 04.30.04
--
MAINTENANCE AND SUPPORT AGREEMENT NO. SA _002292-000
Exhibit 8 SUPPORT PLAN
This Support Plan is a Statement of Work that provides a description of the support to be performed.
7. Services Provided. The Services provided are based on the Severity Levels as defined herein.
Each Severity Level defines the actions that will be taken by Seller for Response Time, Target Resolution
Time, and Resolution Procedure for reported errors. Because of the urgency involved, Response Times
for Severity Levels 1 and 2 are based upon voice contact by Customer, as opposed to written contact by
facsimile or letter. Resolution Procedures are based upon Seller's procedures for Service as described
below.
'. -":"""'""" "..., .. DEFINiTIõN"'------TRESPONS°ETIME -or ° - TÃRGEf---ool
I RESOLUTION .
; TIME :
--- -----... --- -- - -- . . --- .--.. -- _.--
1 otal System Failure - occurs when the System is elephone Resolve within 24
not functioning and there is no workaround; such onference within 1 hours of initial
as a Central Server is down or when the workflow hour of initial voice notification
f an entire a enc is not functionin . notification
2 Critical Failure - Critical process failure occurs elephone Resolve within 7
hen a crucial element in the System that does not onference within 3 Standard
prohibit continuance of basic operations is not Standard Business Business Days of
unctioning and there is usually no suitable work- Hours of initial voice initial notification
around. Note that this may not be applicable to notification
intermittent roblems.
3 Non-Critical Failure - Non-Critical part or elephone Resolve within
omponent failure occurs when a System onference within 6 180 days in a
omponent is not functioning, but the System is still Standard Business Seller-determined
useable for its intended purpose, or there is a Hours of initial Patch or
reasonable workaround. notification Release.
4 Inconvenience - An inconvenience occurs when elephone t Seller's
System causes a minor disruption in the way tasks onference within 2 iscretion, may
are performed but does not stop workflow. Standard Business be in a future
Days of initial Release.
notification
5 Customer request for an enhancement to System Determined by If accepted by
unctionality is the responsibility of Seller's Product Seller's Product Seller's Product
Management. Management. Management, a
release date will
be provided with
fee schedule,
hen
ro riate.
1.1 Reportina a Problem. Customer shall assign an initial Severity Level for each error reported,
either verbally or in writing, based upon the definitions listed above. Because of the urgency involved,
Severity Level 1 or 2 problems must be reported verbally to the Seller's call intake center. Seller will
notify the Customer if Seller makes any changes in Severity Level (up or down) of any Customer-reported
problem.
1.2 Seller Response. Seller will use best efforts to provide Customer with a resolution within the
appropriate Target Resolution Time and in accordance with the assigned Severity Level when Customer
allows timely access to the System and Seller diagnostics indicate that a Residual Error is present in the
Software. Target Resolution Times may not apply if an error cannot be reproduced on a regular basis on
either Seller's or Customer's Systems. Should Customer report an error that Seller cannot reproduce,
Seller may enable a detail error capture/logging process to monitor the System. If Seller is unable to
correct the reported Residual Error within the specified Target Resolution Time, Seller will escalate its
procedure and assign such personnel or designee to correct such Residual Error promptly. Should
Seller, in its sole discretion, determine that such Residual Error is not present in its Release, Seller will
verify: (a) the Software operates in conformity to the System Specifications, (b) the Software is being
ISD M&SA - Exhibit D 3 ver. 04.30_04
--~--
used in a manner for which it was intended or designed, and (c) the Software is used only with approved
hardware or software. The Target Resolution Time shall not commence until such time as the verification
procedures are completed.
7.3 Error Correction Status Report. Seller will provide verbal status reports on Severity Level 1 and 2
Residual Errors. Written status reports on outstanding Residual Errors will be provided to System
Administrator on a monthly basis.
2. Customer Responsibilitv.
2.1 Customer is responsible for running any installed anti-virus software.
2.2 OperatinQ SyStem ("OS") UpQrades. Unless otherwise stated herein, Customer is
responsible for any OS upgrades to its System. Before installing any OS upgrade, Customer should
contact Seller to verify that a given OS upgrade is appropriate.
3. Seller Responsibilitv.
3.1 Anti-virus software. At Customer's request, Seller will make every reasonable effort to test and
verify specific anti-virus, anti-worm, or anti-hacker patches against a replication of Customer's application.
Seller will respond to any reported problem as an escalated support call.
3.2 Customer Notifications. Seller shall provide access to (a) Field Changes; (b) Customer Alert
Bulletins; and (c) hardware and firmware updates, as released and if applicable.
3.3 Account Reviews. Seller shall provide annual account reviews to include (a) service history
of site; (b) downtime analysis; and (c) service trend analysis.
3.4 Remote Installation. At Customer's request, Seller will provide remote installation advice or
assistance for Updates.
3.5 Software Release Compatibilitv. At Customer's request, Seller will provide: (a) current list of
compatible hardware operating system releases, if applicable; and (b) a list of Seller's Software
Supplemental or Standard Releases
3.6 On-Site Correction. Unless otherwise stated herein, all suspected Residual Errors will be
investigated and corrected from Seller's facilities. Seller shall decide whether on-site correction of any
Residual Error is required and will take appropriate action.
4. Decision Support System ("DSS") Products. (Applies to Motorola's PremierCAD Software only).
The CAD DSS products are supported on a consultative basis only with annual consultation hours not to
exceed eight (8) hours. Any additional consultation shall be invoiced on a time and material basis at
Seller's then current rates for professional services.
5. Compliance to Local. County. State and/or Federal Mandated ChanQes. (Applies to Software
and interfaces to those Products) Unless otherwise stated herein, compliance to local, county, state
and/or federally mandated changes, including but not limited to IBR, UCR, ECARS, NCIC and state
interfaces are not part of the covered Services.
6. Annual System Performance Review and Report. Seller will prepare the following reports to include:
6.1 (Applies to PremierCAD Software only)
(a) System Analysis MEASURE: Evaluate disk and CPU load
PEEK: Evaluate memory availability and use
VI EWSYS: Evaluate use and availability of PCBs
EMSA/TMDS: Review logs for hardware reports
File Sizing Review file sizing on changeable files
(b) Pathway Analysis Evaluate effectiveness of system configuration for current load
Evaluate TCP/Server statistics
Evaluate efficiency of server class maximum and minimum
settings
ISD M&SA - Exhibit D 4 var. 04.30.04
(c) Performance TMX Timings: Evaluate application response times
Analysis
7.3 (Applies to Motorola@ Computer Aided Dispatch Software installed on Stratus ftServer only)
Update Equipment drivers
Upload Equipment patches, hot fixes and firmware
Evaluate effectiveness of System configuration for current load based
upon overall CPU Utilization
6.3 Based on the Annual System Performance Review and Reports, Seller's Technical Support
Analyst will review findings and recommend software or hardware changes to improve overall operations.
(The below listed terms are applicable onlv when the Maintenance and Support Agreement includes (a)
Equipment which is shown on the Description of Covered Products, Exhibit A to the Maintenance and
Support Agreement; or (b) CAD HP NonStop S-Series hardware in addition to the Seller CAD Software.)
7. On-site Product Technical Succort Services. Seller shall furnish labor and parts required due to
normal wear to restore the Equipment to good operating condition.
7.1 Seller Resconse. Seller will provide telephone and on-site response to Central Site, defined as the
Customer's primary data processing facility, and Remote Site, defined as any site outside the Central
Site, as shown in Support Plan Options and Pricing Worksheet.
7.2 At Customer's request, Seller shall provide continuous effort to repair a reported problem beyond the
PPM. Provided Customer gives Seller access to the Equipment before the end of the PPM, Seller shall
extend a two (2) hour grace period beyond PPM at no charge. Following this grace period, any additional
on-site labor support shall be invoiced on a time and material basis at Seller's then current rates for
professional services.
7.3 CAD HP NonStop S-Series Service Plans
7.3.1 The following HP electronic support tools are available:
Express Notice A proactive email notification of new software
releases, announcements and u dates
Scout for NonStop Servers Once registered, users have the ability to perform
interim product modification (I PM) analysis on
NonStop Kernel systems and to download IPMs
electronicall .
Total Information Manager (TIM) A CD collection of support documentation shipped
with the initial s stem.
Knowledgebase for NonStop Support Once registered, users have access to a powerful
(KBNS) search tool offering quick and easy access to
reviousl answered technical su ort uestions.
7.3.2 HP NonStop K-Series Service Plan:
Premier24 The PPM is 24 hours a day, 7 days a week. On-site response time is within four
ISD M&SA - Exhibit D 5 ver. 04.30.04
(4) hours. Includes the following services:
. Holiday coverage - extends the PPM to include national holidays.
. No Fault - adds extra coverage for unexpected environmental changes
such as extreme temperature changes that are not otherwise covered.
Base9 The PPM is 8 a.m. - 5 p.m. Monday-Friday, excluding national holidays. On-site
response time is within eight (8) PPM hours.
7.3.3 HP NonStop S-Series Service Plan:
Continuous The PPM is 24 hours a day, 7 days a week. On-site response time is
Availability within two (2) hours. Includes on-SIte coverage for national holidays.
High Availability The PPM is 24 hours a day, 7 days a week. On-site response time is
within four (4) hours. Includes on-site coverage for national holidays.
Enhanced Availability The PPM is 8 a.m. - 5 p.m. Monday-Friday, excluding national
holidays. On-site response time is next business day.
7.4 Under all CAD HP NonStop Series hardware service plans, coverage will include:
· Perform corrective or scheduled preventive service during the PPM specified in the Plan.
· Log all service requests and furnish telephone and/or on-line diagnostic services from the Seller's
call intake center or the HP Nonstop Support Center (CTNSC) 24 hours per day, 7 days per
week.
· Furnish all labor, parts, materials, and on-site service during the PPM as necessary to ensure HP
NonStop Series hardware is operating in accordance with applicable published specifications.
Replacement parts will be new or equivalent of new in performance. Replaced parts will become
the property of HP.
· Install any mandatory Field Change Order(s) required for the safety or proper operation of
maintained HP NonStop Series hardware.
· Assign an HP Customer Engineer and an alternate who will be responsible for providing service.
· Provide on an annual basis (i) equipment inventory of maintained HP NonStop Series hardware;
and (ii) planning meeting to discuss the current Service Plans and Customer's future
requirements.
ISD M&SA - Exhibit D 6 ver. 04.30.04
-~
.
Exhibit C
SUPPORT PLAN OPTIONS AND PRICING WORKSHEET
Maintenance and Support Agreement # 002292-000 Date June 9, 2005
New Term Effective Start October 1, 2005 End September 30, 2006
CUSTOMER: City of Delray Beach BILLING AGENCY: City of Delray Beach
Address (1): 100 NW 1st Avenue Address (1): Attn: Accounts Payable
Address (2): Address (2): 100 NW 1 sl Avenue
CITY, STATE, ZIP CODE: Delray Beach, FL 33444 CITY, STATE, ZIP CODE: Delray Beach, FL 33444
CONTACT NAME: Tina Lunsford CONTACT NAME:
CONTACT TITLE CONTACT TITLE
TELEPHONE: (561 )243-7833 TELEPHONE:
FAX: FAX:
Email: Email:
For support on products below, please contact ISO Customer Support at (800) 734-6241 or email at cscenter@motorola.com.
0 AFIS System 0 DeskScan™ Station 0 LiveScan™ Station 0 Omnitrak™ System 0 Mugshot Instantlmage™
0 PremierCADn. 0 CAD HP NonStopTMSeries hardware 0 RMS Infotrak™ 0 Imagetrak™ 0 Offendertrak™
0 Motorola® Computer Aided Dispatch
0 Customer Service Request System 0 Case Management System 0 License Permitting System 0 Custom Software
0 Enhancements to Products 0 LEEDS/CAs 0 Cltyworks
0 IntegratIon Framework 0 Integration Framework Express
181 Premier MDCTM Message Switch 181 Premier MDCTM 0 Premier MDCTM Select
0 Premier MDCTM Select Message Switch 0 Premier MDCTM Reporting 0 Premier Handheld
0 TalkThrulRF Plus Message Switch 0 Premier Handheld Citation 181 TalkThrulRF Plus
0 Premier 2Way 0 AlrMoblle™ 0 TxMessenger™
SOFTWARE SUPPORT ANNUAL FEE
181 GOLD $ 46,044
· 24 hours a day, 7 days a week PPM
· Supplemental Releases
· Standard Releases
· Technical Support Services
OTHER AVAILABLE OPTIONS ANNUAL FEE
0 Consulting Services - 8 Hour Blocks (plus travel fees) $ 0.00
0 Other: $ 0.00
OTHER OPTIONS TOTAL $ 0.00
Prepared by: Andy Sandoval, Phone: (714)688-3192, Emai/: andy.sandoval@motorola.com
FULL TERM FEE GRAND TOTAL" $ 46,044
. ExclusIVe of taxes If appIJcable
QUARTERL Y MAINT TOTAL: $ 11.511
ISD M&SA - Exhibit D 7 ver. 04.30.04
--------- -------
·
",
Exhibit D
CURRENT BILLABLE RATES
MAINTENANCE AND SUPPORT AGREEMENT NO. 002292-000
CUSTOMER: City of De/ray Beach
The following are Motorola's current billable rates, subject to an annual change.
COVERAGE HOURS (PPM) BILLABLE RATES
(OUTSIDE THE SCOPE OF A CURRENT
EXECUTED AGREEMENT)
8am-5pm, M-F (local time) $160 per hour, 2 hours minimum
After 5p, Saturday, Sunday, Motorola $240 per hour, 2 hours minimum
Holidays
COVERAGE HOURS (PPM) BILLABLE RATES
(WITHOUT AN AGREEMENT)
Bam-5pm, M-F (local tIme) $320 per hour, 2 hours minimum
After 5p, Saturday, Sunday, Motorola $4BO per hour, 2 hours minimum
Holidays
ISD M&SA - Exhibit D 8 ver. 04.30.04
DATE Julv 7.2005 AGENDA ITEM NUMBER: 9(;,
AGENDA REQUEST
Request to be placed on:
X Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When: JDty 19. 2005
Description of agenda item (who, what, where, how much):
Extension to Motorola Maintenance and Support Agreement SA#002292-000, Product
Type: Premier MDC. This maintenance contract covers the support and upgrades to the
Mobile Data Computer software used in the field by police officers. The contract will be
effective from October 1, 2005 through September 30, 2006, at a cost of $46,044.00
annually.
Funds are available in 001-2113-521-46.90.
Department Head
Signature:
City Attomey Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: QNO Initials: U{
Account Number: 001-2//3- 5-21 c¡'£ -J1ò
Description: ~ rfpCU//rYJ¿y/lkn~ fð~S
fj 53 7h:J 7ro;;~ ~ ptO)/Ò0
Account Balance:) . or
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agenda:t) / No Initials: ort-
Hold Until:
Agenda Coordinator Review:
Received:
Pzl
[IT' DF DELIA' IEA[H
CITY ATTORNEY'S OFFICE 2iIO:\W hI /\\T\l L:' Df:LR:"Y BE:"CH FLORIDA 33444
î ¡-LLPIIO'\.E "h!!2-U-7i)l)()· F\C';I\IIL£: )(Íli278-4ì55
DELRAY BEACH Wnter's Direct Line: 561/243-7091
~ I (' 10: I [) ...
Dad
All-America City
, III I! DATE: MEMORANDUM
July 11, 2005
1993 TO: City Commission
2001
David Harden, City Manager
FROM: Terrill C. Barton, Assistant City Attorney ')cJ3
SUBJECT: Class Action Settlement - Aon Company
Our office is requesting permission to participate in a class action settlement as we
may be eligible to collect money from the Daniel Fund which is $38 million for
policyholder clients who obtained insurance through Aon between 1/1/94 and
12/31/04 and $190 million fund for policyholder clients who obtained insurance
through Aon between 1/1/01 and 12/31/04.
The City's records show that we are eligible for both funds because we purchased
insurance from Aon from 1993 - 2004.
Please place this item on the July 19, 2005 City Commission agenda and call if
you have any questions.
Thank you.
TCB:smk
cc: Janet Whipple, Acting City Clerk
~\\
IffCRA ~
DURAY BEACH
CO"IIUfilln lIIonllOPIIIU'I' AGUe'
liTeRA
DURAY BEA(tj
co.. UNITY REDEVELOPMENT AGENCY
MEMO
To: David Harden, City Manager
From: Diane Colonna, CRA Executive Director
Date: July 8, 2005
RE: Appointment of CRA Chair and Vice Chair
Florida Statutes Chapter 163.356(c) states that the governing body of a municipality is to
designate the Chairman and Vice Chairman of the CRA Board. The CRA Board appoints its
own First Vice Chairman and Treasurer.
With the recent expiration of Howard Ellingsworth's term, the office of Chairman will be
vaænt. Brenda Montague is the current Vice Chairman, Lamar Shuler is the First Vice
Chairman, and Frank Wheat is the Treasurer. If the Commission appoints Ms. Montague as
the Chair, they will also need to appoint a new Vice Chairman.
Please place the appointment of a new Chairman on the next City Commission meeting
agenda. Attached is a list of current members and their terms.
Thank you for your consideration of this matter.
.
20 N. Swinton Avenue. Delray Beach, Florida 33444
561-276-8640 . Fax 561-276-8558 qI
-~--
Delray Beach
Community Redevelopment Agency
Board of Commissioners
Evelyn Dobson Howard Lewis, Proprietor
(7/05 - 7/09) (4/03 - 7/06)
130 NW 3RD Avenue Amoco
Delray Beach, FL 3343 725 West Atlantic Avenue
Delray Beach, FL 33483 Delray Beach, FL 33444
Office - 994-1788 Office - 276-5183
Fax - 912-9076 Home - 498-3651
Home - 726-3593 Cell- 271-1975
Email - evelyn@casmanagement.com (No FAX or e-mail)
Brenda Montague, Vice Chair Frank Wheat, Treasurer
Real Estate Broker (4/03 - 7/06, 7/05 - 7/09)
(7/00 - 7/04,7/04 - 7/08) Gringle, Doherty & Wheat
2443 South Coral Trace Circle 700 East Atlantic Avenue
Delray Beach, FL 33445 Delray Beach, FL 33483
Home - 275-0257 Office - 278-2628
Office - 278-0300 x213 Home - 737-3600
Fax - 279-9616 or 243-3811 Cell - 859-3866
Cell - 703-7997 Email - fwheat01 @bellsouth.net
Email- bbmontague@aol.com
Lamar Shuler, 1st Vice Chair Peter B. Arts
(7/01 - 7/05, 7/05 - 7/09) (7/05 - 7/09)
Shuler's Memorial Chapel 1746 Fern Forest Place
606 West Atlantic Avenue Delray Beach, FL 33445
Delray Beach, FL 33444 Office - 395-1433
Office - 265-0622 Fax- 395-4755
Fax - 265-2730 Home - 637-3640
Cell- 441-1129 Email - peter@plastridge.com
Thomas F. Carney, Jr. Leaal
(7/03 - 7/07)
Carney Legal Group Robert W. Federspiel, Esq.
901 George Bush Blvd. Spinner, Dittman, Federspiel & Dowling
Delray Beach, FL 33483 151 NW 1st Avenue
Office - 330-8140 Delray Beach, FL 33444
Home - 272-5010 Office - 276-2900
Cell-706-7448 Fax - 276-5489
FAX - 330-8233 Cell- 251-3619
Email - tfcarneyjr@hotmail.com
Revised 7.05.2005
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER øv1
SUBJECT: AGENDA ITEM #q~- REGULAR MEETING OF TULY 19. 2005
-
APPOINTMENT TO DELRA Y BEACH HOUSING AUTHORITY
DATE: JULY 15, 2005
Ms. Yvonne Wilson submitted her resignation letter from the Delray Beach Housing Authority
effective June 29, 2005, which created a vacancy for a resident member to serve an unexpired tenn
endingJuly 14,2006.
Per statute, an appointee may not be an officer or employee of the City. Further, each housing
authority must have at least one member who is a resident, current in rent, of the housing project
or a person of low or very low income who resides within the housing authority's jurisdiction and
is receiving rent subsidy through a program administered by the authority. Ms. Yvonne Wilson
was the resident member serving on the Housing Authority.
The following individual has submitted an application and would like to be considered for
appointment:
Mr. Andre Tookes (Resident of Carver Estates)
Pursuant to Commission direction, a check for code violations and/or municipal liens was
conducted. None were found. Voter's registration verification was completed and he is
registered.
According to Florida Statutes, members are appointed by the Mayor and ratified by the
Commission. However, at the City Commission meeting of June 5, 1991, a consensus was
reached whereby each Commissioner would, on an infonnal basis and according to the rotation
procedure, make a recommendation to the Mayor as to the Housing Authority appointees.
Based on this system, the recommendation/appointment will be made by Commissioner
McCarthy (Seat #4).
Recommend appointment of one (1) resident member to the Delray Beach Housing Authority to
serve an unexpired tenn ending July 14, 2006.
07/01/::005 14: 17 551::784'337 PAGE 0::
YVONNE WILSON
1200 Southwest 7th Street
Apartment F-2
Delray Beach, Florida 33444
June 29,2005
Mayor Jeff Perlman
City of Delray Beach
100 Northwest First Avenue
Delray Beach. Florida 33444
Dear Mayor Perlman:
With regret. effective as of this date, I must submit my resignation from the Board
of Commissioners of the Delray Beach Housing Authority. due to conflicts with
my place of employment.
I have enjoyed the time spent serving as a Commissioner and would like to
express my appreciation for the opportunity that was given to me.
....
Sincerely. --.\ \.-"'t;¡- \'\.....~ '~"-/ ~.\") J-
YVONNE WILSON
Cc: Dorothy Ellington - OSHA
RECE\VED
JUl {\ 5 2005
crf'( CLE~\<..
DELRAY BEACH HOUSING AUTHORITY
4 YEAR TERM
770 SW 12th Terrace
Dekay Beach, FL 33444
06/0S
TERM REGULAR MEMBERS TELEPHONE
EXPIRES
07/14/2008 Joseph Bemadel, Vice Chair Home: 883-5465
UnexpIred Tenn 07/16/02 95 Northeast First Avenue Office: 243-3136
Reappt 06/08104 Dekay Beach, FL 33444
07/14/2006 Alfred Etienne Office: 498-0500
Unexpired Tenn 03/02/99 311 Sterling Avenue Home: 637-0387
Reappt 07/02/02 Dekay Beach, Florida 33444
07/14/2006 Dawn M. Guzzetta, Chair Home: 362-8080
Unexpired Tenn 07/06/99 106 Basin Drive Office: 278-1994
Reappt07/02/02 Dekay Beach, Florida 33483 Cell: 843-4700
07/14/2009 Angela D. Randolph Office: 276-2889
Appt 07/24/01 1323 Prospect St. Home: 279-0377
Reappt 06/21/05 Dekay Beach, FL 33444
10/27/2007 Gary Rosen Office: 266-9669
Unexp Appt 07/22/03 817 Northwest Second Avenue Home: 330-0099
Reappt 11/04/03 Dekay Beach, FL 33444 Cell: 251-1065
03/06/2006 Morris L. Weinman Home: 498-4948
Unexpired Tenn 03/06/01 13850 Via Tivoli
Reappt 02/05/02 Dekay Beach, FL 33446
07/14/2006 Yvonne C. Wilson (Resident Member) Office: 243-1585
Unexpired Tenn 06/01/99 1200 SW 7th St. #F2 Home: 265-7256
Reappt07/02/02 Dekay Beach, Florida 33444
Director: Dorothy Ellington
Contact: Nina Levina 272-6766
Housing Authority 272-6767
Fax 272-7352
s/ûty Clerk/Board 05/Delmy Beach Housing
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***** 1/ -
AHmeñcaCity
, IIII ' CITY OF DELRA Y BEACH
~ . ® BOARD MEMBER APPLICATION
1993
2001
information:
DD ML
2. Hottle AddresS://6 I 6 w' ~ éi
3. Legal Residence:
I 4. Principal Business Address:
......-:-7
¡-Þ I ~ M..,
Business Phone:
List all City Boards on which you are CUtt ly served: (please include dates)
9. Educational qualifications: b16Thf b5 Cð fA fi
11. Give your pJ:esent, OJ: most recent employer, and position:
t;
ð ~11
I hereby ce· that all the above statements are true, and I agree and de.rstand tha any misstatement of materuu facts
~ thß ~ =y ci",e fodciture upon my part of any 'PPOin":;':; :æ-eaive. R E CE IVED
SIGNATIJRE DATE J U l 0 5 2005
Note: This application will.temain on file in the City Clerk's Office for a period of 2 years from the date it w~ K
submitted. It will be the applicant's responsibility to ensure that a current application is ~ ~d' C L
SlClIYaJJRK\BOAlWlAfPUCA110N
MEMORANDUM
TO: MAYOR AND CI1Y COMMISSIONERS
FROM: CI1Y MANAGERðïv1
SUBJECT: AGENDA ITEM # ~ \(, - REGULAR MEETING OF IULY 19.2005
-
APPOINTMENTS TO THE EDUCATION BOARD
DATE: JULY 15, 2005
At the City Commission meeting of July 5, 2005, Adam Sorrin was appointed as a regular
member of the Education Board which created a vacancy for a student member to serve a one
(1) year term endingJuly 31,2006.
Secondly, Ms. Linda Leib submitted her resignation letter effective June 1,2005, which created a
vacancy for a regular member to serve a two (2) year tenn ending July 31, 2007.
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 and would like to be considered for
appointment:
See Exhibit "Au attached
Pursuant to Commission direction, 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 Mayor Perlman (Seat #5) and
Commissioner Archer (Seat #2) for one (1) regular member to serve a two (2) year tenn ending
July 31, 2007 and one (1) student member to serve a one (1) year tenn endingJuly 31, 2006.
Recommend appointment of one (1) regular member to the Education Board to serve two (2)
year term ending July 31, 2007 and one (1) student member to serve a one (1) year tenn ending
July 31, 2006.
----- -- - -----
EDUCATION BOARD
EXHIBIT" A"
Kassandra Engroff (student)
Gerry F ranciosa
Judith Griffith
Jayne King
Mary McKenna
Harold Van Amem
05/05/05 T.W 10: 56 FAX 561 243 3774 City t.LhKK ~/1:J.16£tV~
OB.RAY BEAm
II"..···
ÞOd Sj-u de J<i i-
ML-~City CITY OF DELRAY BEACH
1111J!
BOARD MEMBER APPLICATION RECEIVED
1993 MAY 1 2. 2005
2001
CITY CLERK
1. M.L
2.
3. ,-,
II
4. Prináp2l-Business Address: City
",- /' '-'- f(
5. Home Phone: ßusiness Phone: E-M2il Addtess: Cell Phone:
9.
.
Note: This applîation will remam on file in the City Qedès Office for a period of2 you:s £rom the date it was
submitted.. Ie will be the a.pplicant's responsibility to cnsuie-tb,at a. cun:enuppliation Î$~'I1ON
Resume:
· Student of the International Baccalaureate program since 1998
(5th grade) -now a junior IB student at Atlantic Community
High School
· My mother is a teacher at Atlantic and I am familiar with the
Palm Beach County School Board
· Volunteer attorney at PBC Youth Court at South County
Courthouse since sununer of 2003
· Debate team member my freshman year of high school (2002.-
2003)
· I have been a member of Atlantic High's Student Government
all 3 years of my high school career (2002-2005)
· I have served as a class officer each year of high school: (9th
grade: Class Representative. 10th and 11 th grades: Class Vice-
President)
· I maintain a 3.55 GP A (unweighted) and a 4.55 GP A
(weighted)
· In total, I am a varsity member of3 sports (Cross country,
, Swimming and Track), 2 honor societies (National Honor
Society and Spanish National Honor Society), Club Director of
our school's Key Club as well as a class officer. This enables
me to remain infonned of ALL that is going on or will go on
within the school, on campus or even just concerning the school
in general. Not only remaining close with the study body, but
given that my mother :lS a teacher at the school, this also allows
me to remain close to faculty as well.
,
FAX t'U. : 5612660746 Sep. Ø9 2ØØ3 11: 44f=V1 P1
1'1 : GER-Sft-I -
. \ 9 -¿1'1-æJ
. '¡ K AR-erv . l¿~€d bãJ
·-tAR v.r3 ~ 3 -:t'N
OEl.ÞY BEA.CH i;~Îcemeñf
........
~ - --
CITY Of DELRAY BEACH
BOARD MEMBER APPLICATION ¿ç, l1e 6
19~3
2001
.M.L
1.
2- City SU~C ?l3~de
3. Lcg2l R.csidmcc: City State Zip Code
~
4. City Scate Zip Code
5, Home Phone:
fi 2ft ÞL o(
6. Arc you 11 registered vota?
7.
8. list all City Bo~ds on which you arc CUn<:ndy laving or hllVe p -
tb%'
9. Educaåonal qualifiaåons: M .
D~
10. List any 1'c1arcd profcssioniJ cenüiations and licenses which y~u hold:
11. Give your present. or most ream mtployc:r. and position: £;,;r
I
) This !,pliaDon will remain o.~íU~s Office for. period of 2 yan from the dat:c: it was
nutted. It will ~ the 1ppU ensure: that a cunent.application is on file.
'. ~"J]OM
SEP 0 9 2003
CITY CLERK
-
DEUtAY BEACH RECEIVED
.. to . .. , . ..
...... MAR ? f/ 2005
IUHWeñcaCly CITY OF DELRAY BEACH
" III!
i BOARD MEMBER APPLICATION!' · ~t;·RK
. ;3/~1 01
1993
2001 (l(}~or
infonnarion:
ML
rII
2.
/9-lJ
3.
4. siness Address: City State Zip Code
5. Home Phone: Business Phone: E-Mail Address: Cell Phone:
b3 7 -:J. 3b;;J.
6. Are a registered voter?
7. What Boud(s) are you interested in serving? Please list in order of preference:
Jblfl50~ Ch0:: L f ElJuc
8. list:ill City Boards on whÏch you are currendy serving or have reviously served: (please include dates)
I Al/R
9. Educational qualifications: ß fi Æ
:s)"&/¡:; L-ð &
JÆlSEV ¡J G-
10. List any related professional certifications and lkens
11. Give your present, or most recent employer, and position:
:z: r!..ß ".Ir¡ZAc 'ÆÞ S~(ICES /3S (~~ () F Úl&
12. Descåbe experiences, skills or knowledge which qualify you to serve on this board: (please attach a båef resume)
.
I hereby certify that all the above statements are true. and I agree and understand that any misstatement of mateåal facts
co . ed in this application ma ca forfeiture upon my part of any appointment I may receive.
~..1'i .,JotJ_r
DATE
I te: 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.
S'CnYa.EIUCI8OAJU:Mft'UCATION
--~--
"".
BRIEF RESUME
Judy Griffith
4817 South Lee Road
Dekay Beac~ FL 33445
(561) 637-2362
My husband, Kent and 1, moved to Dekay Beach in 1997 ãf-wr being capt:ë-vatëd by "Tñë
Villiæe 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 eduèation credits. Currently, I
volunteer at the Defray Beach Green Market ~ch Saturday.
I am a member of League of Women Voters. I served on the Board of Directors and
served as memberslùp chair for the South Palm Beach County L WV for two years.
I am a member of Progressive Residents ofDeIray since September 2004.
, I completed the Residents Academy of the City ofDelray Beach in Apri12004.
I have worked for the Supervisor òfElections in both county and municipal electio~ in
both inspector and assistant clerk positions for several years.
I am a singer with the DeIray 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.
l.have stage credits in two productions of "Scrooge" with the Dekay Beach Playhouse
and perfonned with the "Young At Heart" acting groUP" in the cornmwúty.
Currently, I am chair of Lee's Crossing Architectural Committee, the corrunwúty in
which we live.
.
I
- .
Educa./r:; r
-- 9-t¡-0.7
DRRAY BEACH
.......
II8Ø
'III I! CITY OF DELRAY BEACH ¿f:Jne I
BOARD MEMBER APPLICATION
1993
2001
2-
3.
4.
o 7.
~ 8.
-- -
9. Education.a) qualifications:
}
Note: 11ùs applicarion will remain on file in the City Oerlc', 0 . years from th~ -chte it was
submitted. It will be the applicant's responsibility to ensure ma mftPlicarion is ~T1ON
CITY CLERK
--------
~ EACH cfjLl5¡ll/éSJ' ¿'¡frL9t
. . ~B. . . /ß?IC ?/J--/H~
~ÿr"'.*
.. ....CitJ CITY OF DELRAY BEACH ç. /- tJ1 ¿IJÆC:;
" III!
BOARD MEMBER APPLICATION RECE1\/ED
1993 MAY 0 1 2005
2.001
infonnation: CITY CLERK
1. Name M.L
.. \
2. Home Address: City 31.1., 1 ¿i~i~r;;;:;
b 1/1\'1" I~"",,, , II . ;I - ~~... ~>.(..~
T . n . 1 - - . ";::§~".~,;~~",,,.~~;::--,:;~
3. ",::~"i:'!' t;.::.. . City , ,tate Zip Code
- -
4. I . . City- ! State Z- Code
. I
I" I. ., 14',.,. .-.- ..1 . . . 1..41.',· 1;11tI'~1 1 ~¡¡lli~~ ~~~5:.::'-:"::';: ~;;
. . I
r ;;. . ........ .. -,.,: :.-.?¿:-.:?......y:.
........ Y "'_I. tt· .~....:-.............
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6. .\ II" ". ._I! I" ,. III h",_.1 "1'." ,";. '!~I If so, where are you registered?
,
7. Wb.· II".' . I I ". ", I I . I . · .
· I
I ...~ '''~ I I '.1.. .1.· ,I I ,t .. = .1 rl I; .11' I .' ." ..., I .. I . I .= II. ! I I .1 II . . .." I
h.' Irlt ..1 I'll-I.
8. Us lave previously served: (pbse include dates)
" i. I :.. t.· .. .. , " I
, ..
-
9. El't11.- it;... -,,1 ').' ;"'1--..; - .-.
1.1\ 1I.,MI4 i'., I·~ r 1.11. r1" II,." = ,..; " :-1... I
-
10, List any related professional certifications and licenses which you hold:
t 1. Give yc . . - - -
.. . .. . . . . , ,
, . ... , . . · . .
12 Describe experiences, skills or knowledge which qualify you to serve on this board: (ple1Se attach a brief resume)
. . . .11 . .
- .
I hereby certify that all tf?e above statements ace true, and I agree and understand th2.t any misstatement of ma.tecial facts
coQ.t2Ïned in this application truly cause forfeiture upon my part o( any appointment I truly receive.
~ . .'
- )a" . 11-.
DATE 0;;.& IV A IV .
S[GN
Note: This application will remain on file in the City Clerk's Office for a period of2 years fiJiiUlh! dlt I-m..
submitted It will be the applicant's responsibility to ensure that a current application is on file.
O~TION
---
Del ray Management GonsulJants, Inc.
637 Ibis Drive, Delray Beach, Florida 33444
(561)703-9318
Mary McKenna brings twenty years experience as a senior manager and' btJ:Siness owner.
in nwnerous industries in~Iuding edUéâtiop", publishing, ~d training. She'is a v~tè~.of
the US Army servmg oversèas ill Kor~3"ànd. f~anta. M<µy PøS$~sses .ou~dkg- .
p.roblem rçso.l~tioIÍ,· staff.ttåining,.-àlld: ~ust{)mer service s~Jls., .She is aØ.eþtit;'~~g.
new programs, crisis m~ement" an(fèiivisioriing.creati~e solutions·to dívécié~'b)iSînèss
.~. '- !ssues. ~ þ.a.s sµpe~sed the ~ini~Þ¡-~f se~~~ cusk)Ìnèr'reÎãt~onship ,~~~~~~t '
~., ., programs (!lid a'custQÍller communicafjoi,Ì,sft;âfegy. She has-exteI1$ivé e~p¢~~Ïj¢ Witl{
customer ànd staff SutVeys. . 'M~:h~'I~ched orgànic m~k~ting progr~~~·th~t .
inéreased e~tömer acçÌÌiisit!t.nt iií th~'pubJishing industiy by PÒ% ~veÙiV() years. . ,She
'., . , ha.s cr~yely sought out-coil ·r~uctíon,S'tnttegj.es: that'hav~Œs~lted' Ï#' Jl~t ~vings. ó€ _' ..'
:: -'--~'... > $12S,OOÓ~aÌ1d~$55G,POO'~s~ti~£JY'f~ÙW9 dit{érçnt org~i~(íqQS-, .:8h~tb.~.', . :. ". ,.
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AHnIeñcaCity
"II'! CITY OF DELRAY BEACH ~<-'; -~ ¿¿
BOARD MEMBER APPLICATION _~~k~,r-
.ECEIVED -
1993
2001 Ih~
,k APR 0 7 2005 .
infonnation:
;(/~ LO CI ¥&LER -.
.--
Z~ Home Address: N O~.d ~Lv.tJ ~ ~/ ZpC~
d3~
3. Legal Residence: State Zip Code
~
~ Principal. Business Address: City State Zip Code
~ /;2 gß/d-~ ~ W ~.Bý¥¥
S~ Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:
d7:Z 06'50 J:-7~ gQ/.:1-
6. Axe you a registered voter? If so, where are you registered?
7_ What Board( s) aJ:e you interested - serving? Please list in order of preference: I c:
'-
8. list all City Boards on which you are cun:endy s
.
)
9. ~
10. List any related professional_certifications and licenses which you hold: / 0 ~ .~ :r
E ~-/
t t. Give your present or most recent employer, and positio~ ~
~
~/ ~~ ~
12. Describe experiences, skills or knowledge whiëh qualify you to serve on this board: lease atbch a brief resume
. -~ - w X ~~ .
/s6~ ~,tJ~ ~ ffÆ é.<...54
~. ls¿úJ~ -~ ~b~. ~~
I hereby certifY that all the aþove statements are e, and I agt:ee and understand that any misstatement of material facts
cnn~ 'Zt::e focfciwe upon my part of any appomnn::ì:;/~; .
p r.:: r' t-::t\¡-= D
}~ATIJRE DAm'
Note: 1:bis application will remain on file in the City Cle.tk:'s Office for a period of 2 years fro~tl\~ 4t i
submitted It will be the applicant's responsibility to ensure that a current application is on file... ~
errre :mJN
1--'-
,.
--------- -----
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER W11
SUBJECT: AGENDA ITEM #~LREGULAR MEETING OF WL Y 19, 200S
APPOINTMENT TO THE PLANNING AND ZONING BOARD
DATE: WLY IS, 200S
Ms. Jillian Morris submitted her resignation from the Planning and Zoning Board effective June 20, 200S,
which created a vacancy for a regular member to serve an unexpired term ending August 3l, 2006.
In order to qualify for appointment, a person shall be either a resident of, own property, own a business or
be an officer, director or manager of a business located within the City of Delray Beach.
The following individuals have submitted applications and would like to be considered for appointment:
See Exhibit "A" attached
Pursuant to Commission direction, a check for code violations and/or municipal liens was conducted.
None were found. Voter's registration verification was completed and all are registered with the
exception of Christel Silver who is a resident alien in the process of obtaining her citizenship.
Based on the rotation system, the appointment will be made by Commissioner Ellis (Seat #1).
Recommend appointment of one (1) regular member to the Planning and Zoning Board to serve an
unexpired term ending August 31, 2006.
----
PLANNING & ZONING
EXHIBIT" A"
Paula Aridas
Ronald Brito (currently on the Board of Construction Appeals)
Sara Coen
Reginald Cox (currently on the Site Plan Review and Appearance Board)
Gary Eliopoulos
Joe Farkas
Bruce Gimmy
Charles Halberg (currently on the Board of Construction Appeals)
Sigurdur Hardester (currently on the Board of Adjustment)
James Houck (currently on the Board of Construction Appeals)
Karen Kiselewski
Lynn Klein
Loren Levinson
Pearl Markfield Elrod
Eileen Marks (currently on the Nuisance Abatement Board)
Ralph Morse
Bryce Newell (currently on the Board of Adjustment)
Jeremy Office (currently on the Neighborhood Advisory Council)
Michael Owens
Mel Pollack (currently on the Board of Adjustment)
Jerome Sanzone
Randy Schatz (currently on the Historic Preservation Board)
Nancy Schneider
Christel Silver
Harvey Starin
George Thacker
Harold Van Amem
Andrew Y oungross
E ELIOPOULOS ARCHITECTURE, INC.
Architecture, Planning + Design
AAOOO3179
June 20, 2005
Mr, Paul Dorling
City of Delray Beach
Planning and Zoning Department
100 N. W. 1st Avenue
Delray Beach, Fl. 33444
Re: Letter of resignation
Dear Mr. Dorling:
Please accept this as my letter of resignation. I apologize for not fully continuing with my
obligation to the Planning & Zoning Board. However, due to unforseen circumstances with my
husband's tour of duty in Iraq, I am unable to continue serving on this board as to we will be
relocating to the Colorado Springs, Colorado area in just a few short weeks. I would like to say
that it has been a wonderful experience working with all of my fellow board members as well as
all the city's staff while I have been involved throughout the years. I can only pray that I will be
able to find the character, charm and willingness to maintain and improve on such a great city in
my near future. I thank you for allowing me to serve on such an influential board and allowing
me to feel so connected to such a great city as yours.
Sincerely,
JJ Jt;A
,
\ C. IV ub, ~
cc;
v. Co h b
205 George Bush Blvd. . Delray Beach, FL 33444 . Phone: (561) 276-6011 . Fax: (561) 276-6129 . E-mail' GPE@AOL.COM
PLANNING AND ZONING BOARD
02/05
TERM REGULAR MEMBERS OCCUPATION TELEPHONE
EXPIRES
08/31/2006 Diane Borchardt Sr. Planner Office: 515-6550
Appt 07/16/02 625 Heron Drive Home: 272-1196
Reappt08/03/04 Delray Beach, FL 33444
08/31/2006 Paul Zacks Attorney Office: 355-7396
Unexp Appt 02/01/05 748 Place Chateau Home: 498-2298
Delray Beach, FL 33455 Cell: 307 -3583
Fax: 355-7193
08/31/2006 Johnny Kincaide Attorney Office: 305371-9661
Appt 08/03/04 17604 Linton Lake Drive Home: 243-2901
Delray Beach, FL 33445 Fax: 305374-4058
08/31/2005 Mark Krall Attorney Office: 276-7424
Appt 12/04/01 unexp 1405 S Federal Hwy #141 Home: 330-0215
Reappt 07/22/03 Delray Beach, FL 33483 Fax: 278-6909
08/31/2006 Jillian Morris (Woehlkens) Architect Office: 276-6011
Appt 07/16/02 24 Salina Avenue #3 Home: 274-9315
Reappt 08/03/04 Delray Beach, FL 33483
08/31/2005 Joseph Pike, Vice Chair General Contractor Office: 274-6500
Appt 08/07/01 315 Lake Eden Way Home: 243-0060
Reappt 07/22/03 Delray Beach, FL 33444 Fax: 274-8558
08/31/2005 Charles Walker Mechanical/ Office: 278-7125
Appt 03/11/04 1515 Estuary Trail Plumber Home: 274-9526
Delray Beach, FL 33483
Contact: Denise Valek, x-7041
S/City ClerklBoard OSlPlannmg & Zoning
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OURAY BEACH
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*****
AJl.America City CITY OF DELRAY BEACH 5,-/ Lj -¿?(p
, ~ III!
BOARD MEMBER APPLICATION
1993
2001
Please eor rint the followin information:
1. Last Name: Name ML
2. Home Address: Zip Code
3.3~
3. Zip Code
4. Principal Business Address: City State Zip Code
~ET:'R£D
5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:
56/.. 6 7"-';-.5~
If so, where are you registered?
7.
-
.
Nt;. 0. f . ~
Lst all City Boards on which you are currently serving or have previously served: (please include dates)
NoN
9. Educational qualifications:
10. List any related professional certifications and licenses which you hold:
11. Give your present, or most recent employer, and position:
12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume)
'-RJj P.l.ANNIA/G ßð,4.RJ\ ME?M8L:;~ BDnÆJj) ~
I'
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I hereby certify that all the above atements are true, and I agree and understand that any misstatement of mateI1al facts
contained in this application may cause forfeiture upon my part of any appointment I may receive.
l-j?aÆ~ ~~~
GNA TURE
Note: TIús application will remain on file in the City Clerk's ce for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ens~~tfa1 a7c'N04t application is on file.
S\CITYCLERKIBOARDlAPPLlCA TlON
,....ITV ,..., S:RK
1955 N.W. Tenth Street
Delray Beach, Florida 33445
May 14, 2004
Ms. Karen Schell
Executive Assistant
City of Del ray B~
100 N.W. 101 Avenue
De1ray Beach Florida 33444
Dear Ms Schell:
I strongly believe in participation in the comm.unity. Perhaps my previous experience can be useful on one of
Advisory Boards in The City of Delray Beach.
PLANNING BOARD:
The Board of Trustees of the Ineorporatoo VûJage Qf-R.o~lYn. Nassau County, N~w York, appointed me as
a member of the Planning Board in 1997. I serve(fUÍrtiUiuie 2003 when I left Roslyn to Iivè in DeIrày
Beach.
.,
The Roslyn Planning Board is 1ead-1tgency in land use, ,Sµti!ØivisÎ9os,site pláns and plats and l~piÍ1g:
J1te Bawd is guided by the Master Plan'in'proteètÌÍ1g tMilÛllSides; waief.ftont"historic vistas and its
architectural heritage, which include seven pre-Revolutionary structureS and one-hundred-ten pre-Civil wai
I buildings in its fOur Historic Districts.
t::·~, - LABOR RELATIONS:
, . I served as one offour Shop Stewards at large represØnting Local No. 3' International Brotherhood of
Electrical Workers, AFL-CIO, In an agreement with PhllipsMedièal Systems ofNortb America. The Union
represents one-hundred-six X-Ray Service Engineers.
Between 1983 and 1995 I participated in four full contract negotiations; ftom negotiation of po siti oris to
stratégy'Jo counter proposals and reoo~endatio~.fQr ~r~~. r aIs9 ~ve'e~rieQce in monitoJW.g
. ~qtract 'compliance, the grievancé process, and in resolving conflicts between members'andmanagèinent.
, .'
Y~d~
Paula Aridas
...
Mar 29 04 04:03p Enterprise Contractors (561)279-0335 p.2
eIIr CLERK - ~~.
03/2.9/04 KON 11:37 FAX 561 243 3114
5 ·d-r~¿J4r.
D8..ItAY Il£ACH &mk.~* ¡-
.......
b:8:d
'Iifr - CITY OF DELRA Y ~EACH
BOARD fJlEMBER APPLICATION
1993
.2001
. inf<nm3åon:
2-
3.
II
... CRy Sw.c Zip Code:
;tS.5q tJ~bÞ ItUc.rtcJ~ sv; bK 2- Ddr.
- 5. Home Phone: ÐuSÍDd.s PhoD~ E-Mail Addre&5:
sþ'- , -
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6. he you . ~nued vor.a?
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7. r/rt ~(s) an JOIl ~tcd in~? PIe2se tin in C!~c. of
..s c Ü1.. \ re~e....1J'l +.0 -:5 c:::..
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8. list á11 Cit}" B ds all wtúch )'0,," uc C1l1TCOd)' KTVÙIß or h2vr prcvioudy ICn"cd: (pkàsc iDdgdc: cbte.s)
--
e.on J C[B-2.oc;cJ ZOt? Z- .
9.
10. l..ìst auy rc:bted profcssio¡W ttrtìúcllåons and licC:Qses which r;u hold: ...::h. Sù I Z - 0 f
c. - . - 8 B~ .. ,-AJ c.., . tLd..',- 2....
t 1. Give yoloU prc,c:nt. o[ most nunt employer. and position: .
G ,e...{ =-£ C4,-T. ^-.JC..
Nmr= "I'hß applícaåon will remain 00 file:.in the: City Oerk's Office for a pcåod of 2 ycan; from the date: it WaJ¡
~bminr.d. 1t"V1ill ~ the applicant', ~"bility to etlS\U'r dut a c;um;:ut applic:atiOD it on 6Jc..
~~
jtilA RECEIVED
MAR 2 9 2004
CITY CLERK
---~----
Mar 29 04 04:03p Enterprise Contractors (561)279-0335 p.3
RON BRITO, GENERAL CONTRACTOR
198 S.£. 27'h Avenue
Boynton Beach. Florida
(561) 441-1767
WORK HISTORY:
1965 -1979
Fourteen years as a framing and finish carpenter in Riverside. San Bernardino and Laguna
Beach, California. Production framing on several multi-family complexes. housing tracts, and
high quality custom finish work Seven years as Carpenter, CWo yeurs as Leadman, jìve years as
Foreman on new residential and commercial projects, as well as renovalžon.ç and remodeling.
1979-1983
LICENSED BUILDING CONTRACTOR /CALIFORNIA Lìc. B-388997
Spent five years subcontracting and running framing, siding. trussing, floor joisting, and stair
installation on multi-family complexes from large contractors. During this tíme, I contracted
new single-family homes, additions, remodeling, commercial roofing, and commercial tenant
improvements_
1983 -1985
Job Superintendent on custom housing in the Nashville, Tennessee area for one year.
Subcontracting framing, trussing, and siding jobs for the next two years_
1986 -1989
LICENSED GENERAL CONTRACTOR/FLORIDA Lie. CGC-047369
Worked at "The Township" as Punch-Out Fóreman for one year. Worlœd for David Jones
Constructiun at Gleneagles, Polo Club as Lead Carpenter and Foreman for one year on 32
eight-plex wood frame multi-family units. Worked for Davis Brothers as Superintendent on
Brighton Lakes in Boynton Beach, building 36 wood-frame duplexes. Constructed custom
housingfrom Manalapan to St. Andrews, Boca Raton. Received General Contractor's License
in February 1989
1989-199/
LICENSED GENERAL CONTRACTOR/U.S. VIRGIN ISLANDS Lie. 2-01392-92
Traveled to Sf. Croix afier Hurncane Hugo for 5 days to brÍ77g supplies and help restore pOli'er
and water 10 unit" of condominiums for a friend_ Agreed to come back to res/ore two houses.
Restored fourteen residences, two commercial buildings and six rental units. Also completed
work in St. Thomas and St. John on custom homes_ Acquired General Contractor's License in
the Virgin Islands in February /990.
Returned to Florida in July of 199/ and began new additions and remodeling projects. After
Hurricane Andrew, I opened a .field office in Miami for restoration work My Miami office
completed 16 residential restorations and about 32 roufing project.'ì.
Mar 29 04 04:03p Enterprise Contractors (561)279-0335 p.4
RON BRITO, GENERAL CONTRACTOR Page 2
1992 -1993
Was asked to take over operations of Falkav Construction as General Mgr. and to lJualijy the
company. Falkav Construction was, at that lime, under contract with the City of Delray Beach
for the new Tennis Center (2.5 million-dollar contract) and was engaged in school projects for
districts from La/œ Worth to Miami-Dade Counry. Although, after a thorough research, I
decided not to qual~fy Falka\', I brought the Delray Tennis Center to substantial completion in
time lor the Virginia Slim Tournament, and all o.fthe school jobs were in line.
1994 - present
Owner and President, Enterprise Contractors, Inc Enterprise has completed many local
residential and commercial projects since ÏI's inception, including new construction, additions,
remodeling and hIstorical renovations (such as the Sandoway House Nature Center in De/ray
Beach).
In August 1995, I was appointed 10 the Construction Board of Appeals in Delray Beach, and [
was the Board's Directorfor a 2 year term. I'm still serving on the Boardfor 2003 to 2005
PERSONAL HISTORY:
I am 57 years old, married. and have four children I have two years of college, majoring in
Busmess Management. I am an active member of my church (SDA). where I have been a
Deacon for 14 years and am currently a Sabbath school teacher for young adults. I also sit on
the Church's Building Committee. I own a home in Boynton Beach, where my family has lived
for 19 years, and I am a member of the Architectural Review Board for the Vernon Heights
Property Owners' Association. I am also a 18-year member of A.A. and am active on several
committees. Tennis, surfing and jogging are my favorite pastimes.
OELRAY BEACH ,AN-Y
, .. 0 . , 0 "-
***** ,5-/lf'~¿)(ó
AlI-AmericaCity
" III! CITY OF DELRA Y BEACH
BOARD MEMBER APPLICATION
1993
2001
Please rint the followin information:
1. Last Name:Cœ-IJ Name~ ML
¿/I- .J:
2. Home Address: City State Zip Code
I z-03 NE c¡ r/; Ave. :Þ e-I i3-€A cA r'- ~3 <-iß3
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:
-5(" ) ;;r?ð- 'So 1:3
6. Are you a registered voter? If so, where are you registered?
.v-o~_
7. What Board(s) are you interested in serving? Please list in order of preference: '"
7/dh/l'
~I€- Ji£l/l ¡ee.v¡~ /1/7d e.A I'ê/hn ce (J.J , or 4 ci' (./ J)7
" List all City Boards on which you are currently serving or have previously served: (please include dates)
¡Jo10e-
9. EdualtionaJ qualifications:
7)0 C:TO~ .- C Ph . cL ( ð-vn'.s Vûc¡rt)<e. Ä? ~~-;72. A-r- LA-...v. _
10. List any related professional certifications and licenses which you hold:
¡-ïo,,"JA ~e. CAndld-AR -;J-u/. '0 _ C'~Jeri¡::'-e¿¡ C.ourr /"f--e.cbA4-ã.e r.;! ~(
-
W~>r ?d-,??
¡e:-/on-cÌA ~. Le-w CI-uzK- ( b:>Q z--
12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume)
I1v!-t-T' cuI -rcI17V1 Ex erleðC€ ,,£ ". /l ¿'vI"(,) <;¡;6u~ /I-~/'c..q <v.nJ (/..$.
Good .
-'77 e."","' ¡QrtJ/Z.. ~ ~ uJ/-ed o.c c.-U / r-c/r4'f 0' /-V/ ~Y1d /e Æ'f' cW~(".¿S.
VI1Çr ~ow/-'!...d of ReAl €~ ~ 'rD éi?ÞV . /1<-€nT //1 S- /~ ~es
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.
_~ ~;17-/ð4é-
AGNA DA
EIVED
Note: TIùs 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 responsibMft/t:o~t&tiQ~at a current application is on file.
Þ (/:;3ð SICITYCLERKlBOARDIAPPUCATION
'/fJ _ t....'" '"' I t: C l(
Sara Coën
1203 NE 9111 Ave. DelrayBeach. FL 33483 (561) 278-8013 saracoen@hotmail.com
Objectives and Strengths
T am an attorney with a Master's in Trade and Banking, and European Law, currently completing an LL.M on Taxation. I
nil 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 refonn, 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 (IL.M) in Taxation, Candidate (May '05).
St. Thomas University, Miami, Florida. Juris Doctor Degree.
The American University, Washington DC. Master at Law (IL.M) in International Trade and Banking.
Université de la Sorhonne. Paris, France. Studies of Master in Commercial Law and European Community.
International Court of Justice. The Hague, The Netherlands. Private International Law Certification.
Universidad Iberoamericana. Santo Domingo, Dominican Republic. Juris Doctor Summa Cum Laude.
Université Paris X Nanterre. Nanterre, France. Bachelor in Arts in Business Administration of Tourism Enterprises.
Legal Experience
DISTRICT COURT OF APPEAL. West Palm Beach, Florida (Aug. '04).
Law Clerk for Judge Barry Stone.
1HE FLORIDA BAR. Cypress Creek, Florida. (6/01 - 10/02).
!.aw Clerk. Unlicensed Practice of Law Division.
!onducted 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 refonn, and gender issue projects in Latin
America. Worked with judicial refonn 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 LIDGI BULGHERONI. Lake Como, Italy. (7/90 -12192).
Legal Consultant. Silk manufacturing corporation.
Prepared and negotiated licensing agreements. Worked with copyright registration.
Other Professional Experience
YUPI INTERNET INC. (Currently YupiMSN). Miami Beach, Florida. (6/97 - 6/00).
Content Editor and Business Developer.
Founding team member of company -purchased by The Microsoft Network in 2002. Responsible for content. Drafted and
negotiated strategic alliances. Prepared presentation for investors.
CARDS FOR WOMEN. Washington DC and Delray Beach, Florida. (6/95 - 12199).
Founder and Marketing Director. Specialized in reproduction of artwork.
">laced company on the list of top 100 US Hispanic Business. Client list included Walt Disney, Coca-Cola, Exxon and
";itibank. Participated in White House presentation for Hillary Clinton.
CONSULATE OF TIlE 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.
-- ,
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CITY CLERK
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REGINALD A. COX
407 East Coral Trace Circle
Delray Beach FL 33445
(561-266-5748)
Objective: To obtain a position in a construction or related organization focusing on architectural,
construction, business or relaœd management or instruction.
The environment should encourage professional development and
offer career advancement opportunities.
IDGHLIGHTS OF QUALIFICATIONS
· 12 years diversified experience in Architecture, Civil Engineering, ConstruCtion Management, and
SurveyinglMapping. (6 years architectural specific.)
· Ability to prioritize, delegate, and motivate.
· Quick learner; thrive in a dynamic, challenging environment.
· Work cooperatively with a wide range of clients.
RELEVANT EXPERIENCE & ACCOMPLISHMENTS
Construction Documentation
· Associate Degree Drafting and Design Technology, Palm Beach Community College, 1990
· Recognize and Wlderstand drawings/symbols from architectural and engineering drawings.
· Oversaw, updated. and maintained civil engineering systems drawings for the City of Delray Beach
Environmental Services Department for four years.
· Successfully completed architectural construction documents for educational, office, residential,
commercial, and retrofit projects over the last nine years.
· Analyzed and interpreted legal descriptions to produce digital surveys, maps, and resource planning
bOWldaries. Conservation and Recreation Lands Program (CARL), Florida Dept. of Env. Protection
· Production Team member for several commercial, office, and educational facilities in Central Florida.
· Performed construction documentation review for compliance with municipal, state, and national
building codes.
· Perform structural building inspections for residential and commercial facilities.
· Perform shop drawing review for multiple educational, mercantile, and business facilities.
Administration/Management
· Responsible for training and overseeing drafting technicians in the production of working drawings for
multiple commercial projects. Sverdrup CRSS, 1998-2000
· Successfully managed various architectural projects, with budgets over $1,000,000 from preliminary
design through construction documentation.
· Responsible for reducing construCtion document phase by 50% on 45,000 SF mercantile projects.
· Monitored and reported cost information to area engineers and architects for cost control data and
collected information for specific discipline. Bechtel, 1992
· Administered subcontract procedures, as applied to lower-tier subcontractors, Bechtel 1993
· Produced spreadsheets as required for submittal, inspections, and hoisting and rigging as pertaining to
subcontracts Wlder the U.S. Department of Energy prime contract. Bechtel 1993
· Oversaw and directed FAMU-NOMA administrative functions for three years. (1993-1996)
. Developed division of responsibilities and standing committees
. Developed and supervised organizational budget.
· Organized key personnel towards establishing a Florida chapter of the National Organization of
Minority Architects (NOMA). (May 1999)
Computer Skills
· Responsible for updating computer hardware and software, working as office liaison for computer
problems. Office of Environmental Services, State of Florida
· Over eight years diversified experience using AutoCad (Release 9-14)
· Completed course in Advanced PC Troubleshooting. (1Wle 1996 Essential Seminars)
· Competent user of a variety of software which include MicroStation, Microsoft Word, Excel, Outlook,
CorelDraw, WordPerfect 7.0. Arc View, Novell GroupWise, AS400, and Auto Architect.
Page two
REGINALD A. COX
WORK HISTORY
Nov'OI - Project Coordinator Fanning/Howey Associates, West Palm Beach
Oct '00 - Nov'OI Plans Examiner n City of Dekay Beach. Dekay, R.
Aug "98- Oct '00 Project Architect Sverdrup CRSS, Orlando (Iacobs Eng. Group)
Nov "97- Aug '98 Project Architect Stottler Stagg & Associates, Orlando
May "97-Nov'97 Intem Architect Hunton Brady Pryor Maso Architects, P.A. Orlando
Sep "96-Feb '97 Architectura1 Drafting Goodwin-Goodwin and Associates, Tallahassee
Dec "95-May "97 Engineering Technician ill State of Horida-Office of Environmental Services
Aug "93-Dec '95 AutoCad Operator State of Horida-Bureau of Survey and Mapping
May "93-Aug '93 Subcontract Technical Rep. Bechtel Construction-Aiken, SC (SRS)
Ian "92-Aug'92 Field Technician Bechtel Construction-Aiken, SC (SRS)
Iun "86-Dec '91 Draftsperson City of Dekay Beach-Environmental Services Dept.
EDUCATION
Master of Business Administration, - UNIVERSITY OF PHOENIX, 2001
Bachelor of Architecture - FLORIDA A&M UNIVERSITY. 1997
Bachelor of Science, Architectura1 Studies - FLORIDA A&M UNIVERSITY, 1995
Associate of Science, Drafting! Design Technology - PALM BEACH COMMUNITY COLLEGE, 1990
Associate of Arts, Education - PALM BEACH COMMUNITY COlLEGE, 1991
REFERENCES
Dr. Richard Dozier, NOMA, AIA - Professor of Architecture, Horida A&M University
Roy F. Knight, AlA - Past President Horida Association of the American Institute of Architects
Roland Udenze, AIA - Past President Orlando AlA
Dr. Greg Brock, Environmental Administrator, Division of State Lands FDEP
()7/0l/06 FRI 11:59 FAX 5612433774
C IIY CLERK (¡l¡OO5
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, , III! CITY OF DELRA Y BEACH r;/1/ð 7
BOARD MEMBER APPLICATION
1993
2001
Pkue .!tJ>C or ptÎo.t the foUO'W1ag mf0DD3.tÏon;
1, UstName: E L . Name ~ ML F
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3. Legal RcsÏdence=. Stll.tc ZîpCw
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4. Principøl Busía.ess Address: City S1JI.te Zip Code
2.c>S bEO~bE 51-1 BL\I DEtR.b..\' -~ FL.. 33444-
5. Home Phone:: 'Busioœs Phone: E-Mail Address: Cd! Phone: 5'<ø1 P:u:: S(Ó I .
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6. .Axe you a. ¡;q;tstc=d. '!TOcCI:? eS If $0> whe.t:c :;¡œ you register<:&' PA..Lt-'1 ~ ~
7- WhAt J3aard( s) arc you wtG[estcd in ser:ø1Dg? Pbsc list in ocd<:r: of pa:fecencc: C. HF'54- ~~L.
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8- List -all ðty Bouds on which you 11ft: o.uxendy servïng or ha.vt: pt:œ~ly ,~c:d: (Ple:asc ïnduJc: ~t<::1)
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7. 7.015
DATE RECEIVED
ote: This ~plio1tion ,w¡ D::IDa.Ín. on £ile in th~,City Oak' s ?ffi~ for::l. penod of 2 ~ou::~ fr~Jn ~Õ it 1tibs
submiJ:red It: will be the ~pllc.w.t:-s r=l!'-'~~ to <:.œroLC d:w.t ß,,~t "'rpltCl1C10n.13 ~
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E ELIOPOULOS ARCHITECTU.RE, INC.
Architpdllr.... T'1..nnin¡:¡ ... DQ~jsn
AAOOO3179
GARY P ELIOPOULOS
CURRICULUM VITAE
PRINCIPAL
.Mr. Eliopoulos has been practicing architecture in the state of Florida since 1985, during which
tímç he ha~ dcvdoped all acute purt.foliu of work and knowledge peninent to hospitalit:y and
commercial development.
EDUCATION
PRA TT INSTITUTE Bachelor of Architecture, 1985
PRATT INSTITUTE Special European Studies program, January - June 1983
MARY ARD UNIVERSITY SCHOOL Oli' ARCHlTE<..-.URE Continuing Education
Program, September 1979 - Jlme 1980
REGISTRATION
Architect: Certified: Florida # AR 0017527
Cel1ificd: Maine # 2544
Certi1ied: Massachusetts # 10875
Certified: New Hampshire #2899
NCARB # 41,939
l'l{OJì~SS10NAL Aj1'lflLlAT10NS
Member Design Guideline:;, Pineapple Grov~ Main Street
Fonner Chainnan City of Delray Site Plan Review and Appearance Board
Former Vice Chair City of Delray Planning and Zoning
Former Vice Pres. Pineapple Grove Main Street
FornIer Member SchoQl Advisory C'ounçÏl. Pine Grove Elementary School
Fonner Chair Large Home Task Force
Former Member Leadership Dclray
~()S Geocge BU:.'Ih Blvd. . Ddc<:\y ßc~ch, rl :31444 . rhone. (~61) 276-6011 . F<1x: (561) 276-6129 . E-mail: GPE@/\OL.COM
EXPERIENCE
Mr. Eliopoulos has an extensive portfolio of experience and knowledge pertinent to project
management and multi-discipline team coordination for a variety of project types. His
experience with local, municipal and federal agencies in the areas of code research and
interplctation, construction document development. project implementation and abi11ty to
coordinate with a multitude of consultants insures that each project is delivered with optimum
efficiency and thorough detail '...'Íth design.
Currently Mr. Eliopoulos completed the construction and pelmitting phase of the Delray Beach
downtown project kno'\'VIl as "City \VaH.. ~l Pinçapple Grove". Tlùs is a mixed use projeçt which
includes approximately 17,000 square feet of retail and 40 luxury condominium flats. This
project 118.." an e~limRted budget "f $12 million with the construction pha..<;e to be completed in
Spring 2006.
Most recently Mr. EJiopoulos completed design and renovation for the MalTion Residence Inn, in
dov,mtown Delra)' Beach. This project is a conversion of an eleven story time share apartment
building mto a 110 suite hotel with a budget of $12 million; the first of three phases was
c()mpletcd in early 2003. Phase II i'3 presently in the construction document phase an.d will
include 80 ð.ÙJiLÍlIIläl roums aod a five story parking garage WiTh a esÚffiaTed budget of $9
million.
Other expeáence as a former paltner with the Robert Currie Partnership. to M1'. Eliopoulos'
credit. incJuded his management n~~pl)n-;ìbllitie.'s on the $8 million St. Andrews Country Club
expansion and renovation where he managed a multi-discipJine team of consultants and
contractors as well as an extensive permitting effort over a three year period. :Mr. Eliopoulos also
served as the project manager for the U.S. Embassy in Be~íing where he worked closely with the
engineering teanl and representatives from DOS' IDF and architectural divisions to produce and
manage the projects $3 million interior renovation.
PriQr to his position with the Currie Partnership, Mr, Eliopoulos served as primary archiLc;;çl fur
one ofthe east coast's most successful comrnerciaJ/hotel developers. While associated with
Ocean Properties Ltd., M.r. Eliopoulos wa:·; responsible for preliminary site and bui1ding design
for hotels, offices. retail centers, restaurant and multi-family projects, as well as mixed use
projects. The diversity ofMr. Eliopoulos' cxpcnence is further defined through his involvement
with the site plan approval applications, presentation drawings, development of contract
docUlTleuts. on site project administration, and CAD proficiency.
U~1 öt:A.\..H
..........
*****
All-Anleñc:aCity CITY OF DELRAY BEACH çl/c( 1J1
" III!
BOARD MEMBER APPLICATION
1993
2001
1. M Name ~ MI.
0D¿;--
2. Home Address: City State Zip Code
?0 v¿ Lf eY-h.H ?Z- 3JY ~-
3. Legal Residence: State Zip Code
4. Principal Business Address: City State Zip Code
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P é?-¿..,£4- /f é'At::-,r<,£- --- .?> '6 /J, C /l"4..L rL ]J7~3
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~?IJ ¡:::.4Æ-e' s&S-1 @ Sb 1,),11 /6S-¡
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6. ,!cZ.-~ If so, where ~e you registered?
ho.
7. What Board(s) are you interested in serving? Please list in order of preference:
2.. ~V- /-t.--vtv' a£Ã- /", r~.-v<.'. <-
8. üst all City Boards on which you are currendy serving or have previously served: (please include dates)
9. Educational qualifications:
..9
10. List any related professional certifications and licenses which you hold
11. Give your present, or most recent employer, and position:
c.t~ ...4..A4 t-;
12 Describe experiences, skills or knowledge whiëh qruùify you to serve on this board: (please attach a brief resume)
0 -/!.- û~ / 4~, S~0CL.1- #-v 6-7ve..J
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I hereby certify that all the above statements are troe, and I agree and understand that any misstatement of material facts
contained Ïh this application may cause forfeiture upon my part of any appointment I m.ay receive.
~~ . h-/~-¿oas-
51 TURE DATE
l"1c)te: This application will rettlain on file in the City Clerk's Office for a. period of 2 YeaJ:S from the date it was
submitted. It will be the a.pplicant's responsibility to ensure that a. current application is on file.
S\CßYQ.IJI.tK\8OARDIAPPUCATlON
MaY-lb-U~ u~:I~pm trQm-WA~HI"bIU" MUIUAL +56168985 ]6 T-18Z P. ]3/03 F-BD9
JOE J. FARKAS
737 Northwest 37th A\¡enue · Delray Beach, Florida 33445
(561) 499-4:578 Cell: (561) 271-7651
OBJECTIVE ~ eeking Management position with growth oriented organization where my sk.ills and
Experience can be utiliZEd.
SUMMARY OF QUALI FICATIONS
· Professional offerin9 exceptional manaøerial, organizational and motivational
experience in finance industry
· Proficient in coordinalion and implementaticln of multi task responsibilities
· Excellent communic 3tion and public relation skills with strong emphasis on
customer satisfaction
· tJossess nigh won< etnlc wllh vt::nsëJÛlily (jllU fJçl;;,çve'-èlnce
· Experience in trainins and motivating sales and service representatives
· Continuously exceed:. goals
.. Productive in effectivH time management to ensure schedules are met
" Effective team player and proven troublesh·)oter
EXPERIENCE
11/00 - Present ','\IASHINGTON MUTU~.L BANK. West Palm Beach. Florida
.\sst. Vice President / I~¡nanc;al Center Manager
Hire, train and motivate staff of 15 to become eff6ctive bankers
Attained mortgage and consumer loan grol"vth of 125% to 175%
.. Develop and maintain positive business relationships and community contacts
,. Realized 100% goall'lttainment for the pas): four years
11/92 - 11/00 .\MTRUST BANK. BOŒI Raton. Florida
,~oan Officer (3/97 - 11/00)
- Processed loans fror., origination to closin£1
. Produced $19 million in mortgages during ()ne 12-month period
. Underwrote and approved authority for equity loans up to $250.000
Branch Manager (6/93 - 3197)
~ Managed staff of 21 in sales and operations of $500 million branch (largest branch
in system nationwide)
~ Provided high customer service levels ell1phasizing problem resolution and staff
development
l.oan Offícer(11/92- 6/93)
.. Solicited builders. developers and realtors to originate loans
.. Generated $1-5 million in mortgage from 1~:/92 to 6/93
4/85 - 10/92 CALIFORNIA FEDERAL SAVINGS & LOAN
Branch Manager
.. Created customer awareness by developing and implementing marketing programs
and soliciting outsidEI business
.. Branch consistently achieved over 100"10 ct production gOëil::;
~......,..,,,. ......... "'....', ,,-.:.....,;,,:;;-.-_.. ~··..;;;I-·--;-·~:.;;;~~v"'; -.-.;;.3"::~. _::.;::i.'!::=._ ...- -<tC""'" __:u;__
Rsu-:hi!lnr of BlJ~iness Administration
/ 18 2004 03:3\3Pt1 Pi
:5612785626 Nov.
<01'1 : TROJSERShOP. cor'! FA:" NO.
I
11/18/(14 TlΠ10;11 FAX 561 24~ 37i4 1
CITY CLERK t ~""'
77/j ~ -
DELRAY BEACH ,
. .. 00 ... . . ..
~Sr~
, III J: CITY OF DELRA Y BEACH
BOARD MEMBER APPLICATION
1993
2001
!
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Sta.te
State
5.
6. I
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7.
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I
. _~: 1:.i&t aìl. Cttr. B~ w:: '\1-h1ch you. QJ'e CUtrcnrlt ~e~...mg or ~v,,! previously sc:cyed: .(ple~e mdud~ pateil) . 1
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,
11. Giv~ 1()uì preacnt. Ot most rec~plozcr, a.ad posir:ioo.~
L;>t OJ 'A.Q..r <2 -rR.0~
12. D(;"Q:i"b~ expc;àcnco,. skill$ or: !m~ðge which qu:Wfy you to ¡erve ori thí3 bo:a.Trl: (pl~c; attad, a. brief s:esurne)
~ y~oð 1
r:; arc tnu; !lnd I wee and uu.dcrsbnd wa.r anJ mì5sratcment of IDareral facti
f: rfeinJ.!:ë -';¡PC>íl my p~ of any ;¡ppoin~<:At I may I
I
DATE I
EJV-ED
Ote: :rh.ù e.ppliC1l ri.an rem.ain on filç În the City CleL~'~ Office for tt pCl10d of2 years
.' submitted. It will be t.~E: appliœ.llt s tespo~ili.t:. to CXl$W:C: ili"l 2. <:.unent -..pp.Ü.uùon 1& on:fik
J
/Ø fJ/) : RECEIVED ~~'''.".
.' NOV 1 8 2004 CII Y vLcRK
(""iTV r:' ~RK
· /I{)(~~~aV
DElRAY BEACH
.to..."
II.aIIr:d
;flli! CITY OF DELRAY BEACH
r(
BOARD MEMBER APPLICATION
1993
2001
information:
1. NametftvC- MI.
~.
2 City srtlr ¥~zt5
V~
3. City State Zip Code
4. City State Zip Code
~lð11 HODG(2~ V~/~ ß6At.H F& ?~l.f1./5
5. Home Phone: Business Phone: Cell Phone: Fax:
(,~1"'OI~ ~ t"qø"1/I2. 4'i1-1-~#fo C¡qóf~2~/lf
6. he you a registered voter? ~~
" c.+f
7.
8. List all City Boards on wiùch you are currently serving or have previously served: (please include dates)
,
,
OtJ
c,&&:-C- 03 f5 6Lf 2..
-,
12 Describe experiences, skills or knowledge wiùch qualify you to serve on this board: (please attach a brief resume)
I hereby certify that an the above statements are true, and I agree and understand that any misstatement of material facts
con in this app·c ·0 cause forfeiture upon my part of any appointment I may receive.
ndr}-/2/etj
SIGNAWRE
DAm f
Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
~ðffl ~
NOV --4 2004
CITY CLERK
·
4870 S. Classical Blvd. Phone 561-637~136
DELRAYBEACH, FL. 33445 Fax 561-637-7902
E-mail: chuckh@delrayco1.com
CHARLESG.HALBERG
Accreditations Certified General Contractor
State of Florida
Active since 1986
'-Objectivè To provide the community with a residential homebuilder'whose
commitment is to quality and care
Work Experience 1997- Present The Holiday Organization Westbury, NY
VP of Constmction (2003- present)
Project Manager (1997-2002)
Projects include CQlony at Boyntøn Beach- 159 ~n,glefàmi1y h9Ìi1e$,
--'Colony at Delray Beach- 151 single family h9mC$, Co10Ì1y Club-' .
Apartments- 214 rental including 3 story and toWn homes-'C-olany
Preserve- 143 single family homes.
"Oversee 17 person office staff including sales, constructiop. and
customer service
"Establish and control budgets and payments to subcpntract"Ors and
suppliers
"Plans and permitting including site plan approval, amendments, water,
sewer, paving and drainage and building permits
"Assist in design of house plans
*Value engineering of plans
"Scheduling and quality control
1993-1997 Arvida Homes Boca Raton, FL
Constmction Manager,
As construction manager for this top 100 buil<ier in their high-end and
country club homes at Arvida' s We~oIÍ èo~unity, my're.sponsibilitits--
- .
were~
"Review and value,engiÌieer house plans
*Sc~edu1ing of Subcontractors andsuf>pliers
"Quality ~ntrol
1: Assist in feasibility studi~ -for new communìtìes
Projects included: Bay Pointe $1:2Q;OGtJ- $-400;QØO,
Jardin n $ 220'000- $ 2~QÓOO -
, - I ~--, -
Camellia I.~land $ t 7.ø;_ $:~îÓ,ôOO, .
1992-1993 Quality Construction Deerfield 'Beach; FL
Project Manger
As project manager for the rebuilding of custom waterway homes after
hurricane Andrew, my responsibilities were:
*Evaluate damages and assist in processing claims
"Budget and contract for all work
~
Charlès G. Halberg
Page 2
(Cont.)
*Coordination with building officials and engineers
* Scheduling and quality control of all work performed
*Work with homeowners and insurance companies to make sure all
contractors and suppJìers were paid
Projects included: Intercostal homes in excess of$ 500,000 reno~ion
1990-1992 Southeast Ar-chitectural Delray Beach, FL
Partner I Qualifier.
As partner for this high end-renovation company my responsibilities we~:
*Bid out and contract all work
*Permit processing for all work
*Oversee all field work
*Quality control
- "
1988-1990 W~therfordl Walker ' WestBI00mfi~l~'MJ-' .
Project, Manager
As project manager for .this shopping :center developer my responsibilities
included:
*Plan review and d~gn
*Permitting
*FÌeld supeivision including scheduling. and qualÎty control
*Buyout tenant finishes and coordinate subcontràctors
*Process draw requests
1976-1987 Hol1:zIruµl & Silverman Plantation, FL
Farmington Hills, MI
Project Mangerl Qu:difier
As project manager for tlñ~ 90- year old, top 100 builder my re'SpónsibiJîti~s'
included:
*Site plan approval
*PlaÍl <f;esign 'and' approyals,
*Permìttìng -
*B~4gets anø qoµQ:a~s
'~Sit~·deveíopment
*Field sUp'e~sioirm~!!i~g' sc~eâùling:'an4 qµalif:ý .control
Included work inMì~Ng~:Fíoriglrtµi(H~1ñu.ie$gta .
Projects indüded: çùst~m hoin¢S, pròtluCtioB l1oI4es, towìvhomes,
apartments, luxUry condos, Hf siOCy'hi-rise ~d 'm~rsing home
Edtita:ttòn . Michigan ~tate U¡µver~~
Landscape Technology
'No degree acquíréd
Stevenson ffigh School
Livonia, Michigan
Graduated
~Rf'~B~ (j-¡1-ð5
.. Il)jr.
, 1111' CITY -OF DELRA Y 'BEACH
~ ® BOARD -MEMBER APPLICATION
1993
2001
Please e or rint the followin information:
1. Last Name: L \ Nameç-: M. 1. A
,- nA12.1)E5Tcl<... -J/&UR.:bUr<-
2. Home Address: - City Ï) State Zip Code
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6. Are you a r . stered voter? If so where are you registered?
\. e: Be: c. COlJ' JT
7. What Board( s) are you interested in serving? Please list in order of preference:
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8. List all City Boards on which you are currently serving or have previously served: {please include dates)
t:::"'
9. Educational qualifications:
10. List any related professional certifications and licenses which you -hold:
11. Give your present, ür most-recent employer; and position:
51 eMt?~ C oLPO It, µ - II. À:Ð?tt /::::u,d.\ ÇAL-C;;-S
12. Describe experiences, ~kills or knowledge which qualify you to serve on this board: (please attach a brief resume)
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I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts
contained in this ~plicati n may cause forfeiture upon my part of any appointment I may receive.
. - - - ,)/ ·.f-2 . 0..:1 c
DATE
Note: This application will remain on @e 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 aptùi<11ltÍ9-t! is..QQ. ~ _
H t: l." ~PPLICATION
ß ðPr AUG 1 4 2003
CITY CLERK
DRRAY BEACH fJrof{J{'iy I1J í
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;¡¡¡r CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1993
2001
QÚæ- Name -J ~rA-ê ~S MoLb
2. Home Address=.::s " L~~l.U~ City~:ß State ~~~
tD3 - LJP-.~ FL
3. l.eg2I Residence: City State Zip Code
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4. PrincipaJ Business Address: City State Zip Code
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5. Home Phone: Business Phone: Fax:
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6. Arc you 2 registered vota?
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12. Descn'be experiences, ski1Is or knowledge which qualify you to serve on dús board: (please attach a brief resume)
I h~by cenífy Wt all the above statements are trUe. and J agree and undersW1d that any missta~~t of material facts
COD . . ap- . ca . y cause forfeiture upon my pan of any appoinunent 1 may receive,
9/5/~
DATE' /
Note: 11ùs application will remain on file in the City a~~~od of 2 yeus from the chte it was
lubmined. It will be the applicant"s responsibili a current application is on file.
bö(lJt- ! n') útaD MAR 092004 - XØY~roN
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\1ay 18, 2005 JAMES HOUCK
y of Del ray Beach 3763 S. Lancewood Place
Delray Beach. FL 33445
Delray Beach, FL Phone: 561-865-2636
o\.nn: CRA Board Members Email: idhouck51@vahoo.com
R.e: CRA Board Position
)ear Board,
rhis infonnation is being sent to secure a position with your Board. Anached is a copy of my cover letter and
'esume for your review. Ifmy qualifications are what you are looking for. feel free to call or email me to set up a
neeting to discuss the position further.
\s a highly orga.nized and self motivated professional with interrelated experience in Accounting B8!1ics,
\rchitecture (5 years - Building & Space Design and Site PlalUùng), Operating and Capital Resen'e Budgeting
17 years), Computer Software (20 years - Word.. Excel and others), Construction. Corporate Business (10
'ears - Management, Marketing, Operations, Sales and Training), Property Management (17 years - Portfolio &
)n-Site Experience) and Real Estate (5 years - Commercial Leasing. Marketing, and Sales) the following are a
ew of the skills I can offer:
vlANAGEMENT
· Able to effectively manage aspects of a multi-story condominium type building and its day to day
operations.
~ Prepare extensive management reports.
· Able to quickly learn the various roles and functÎons of aU positions within a property
· Long term knowledge of working with computer programs (Word, ExceL Quicken & others).
· Understand and work with CAM charges.
· Underst.and financial statements and gcneral accOtmting principals.
· Proficient in creating operating and capital rescrve budgets and effectively manage their expenses.
· Understand the use of financing.
· Able to follow proper collection procedures and other applicable charges.
· Examine problems and create viable solutions.
· Develop and implement short and long term management plans.
· Able to orient new O'WIlers and promote positive relations.
· Knowledge of available insurance coverage to protect owner assets.
· Enforce collection procedures and eviction procedures.
· Analyze a property's physical and fiscal concerns.
· Understa.nd and work with legal contracts.
· Understand legal issues as they relate to owners and associations.
· Test economic ahem8tives to increase value and make recommendations.
· Oversee operations and administrative personnel as well as construction management.
· Able to analyze and quickly take over a new account.
· Understand and meet goals of the property.
· Understand and work with staffing and employee relations.
. Attend and able to oversee annual and regular board meetings.
SKILLS (Continued) (Page 2 of 2)
"{OPERTY FACILITY MANAGEMENT - MAINTENANCE & SERVICES
· Experienced facilities management background.
· Understand and manage construction projects.
· Understand and work with architectural drawíngs.
· Conduct and prepare extensive property and bui1ding inspection reports.
· Manage risk factors effectively.
· Monitor owner interior improvements.
· Create proper specifications, negotiate contracts and oversee a project(s) to completion.
· Identify and work out exterior and interior maintenance and construction defect issues.
· Properly hire and effectively supervise and motivate employees and outside contractors.
· Aggressively oversee proper Jandscape maintenance, irrigation repairs and redesign as needed; plant
replacement and redesign as needed and implement other new projects when needed.
· Properly plan and implement the various types ofroutine and deferred maintenance projects and common
area renovations.
· Able to effectively coordinate or oversee the security services; parking valet services; pool selVices and
their equipment repairs; parking garage and valet services. tree trimming and removals; parking garage
areas and their access systems; janitorial services; building engineer personnel; cooling systems; roof
repairs and replacement; elevator repairs; asphalt road and parking area repairs and overlays; painting
projects; concrete restoration, tennis courts; fire sprinkler systems and most other services and/or systems
as needed.
.....t:NERAL
I
· Ability and willingness to quicldy learn all the various aspects of a new property.
· Strong organizational, multi-tasking, administrative and leadership ski1ls.
· MatW"e) responsible and business like in demeanor.
· Positive proactive work: ethic.
· Professional in approach and appearance.
~ Work effectively to create a cohesive "win-win" team environment.
Thank you in advance for taking time in your busy day to review this information. If after reviewing the enclosed
materials you feel there is a position available for us to discuss, I welcome the opportunity to meet at your earliest
convenience. /
--
Iý.
/ ---
idhouckSl@vahoo.CQID
~1)Closure - Resume
AY-18-2øø5 1216:1216 PM 561 1365 2636 P.ø4
.JAMES HOUCK
Phone: 561-865-2636
Email: idhouck51@vahoo.com
To secure a position where interrelated experience in Accounting principals, Architecture (5 years - Building &
Space Design and Site Planning). Operating and Reserve Budgeting (15 years), Computer Software (20 years-
Word, Excel and others), Constructjon. Corporate Business (to years - Management, Marketing, Operations,
Sales and Training), Property Management ( 17 years -- Pon.folio & On-Site Experience). Real Estate (5 years -
CommerciAJ Leasing, Marketing, and Sales) will be of vallle.
PROFESSIONAL HISTORY
2005-Present DEER CREEK CONOOMINHJM COUNTRY CLUB ASSOCIATION (Deerfield Beach. FL)
ProDertv Man2er
· "On-site" managing the daily operations of a 324 unit condominium development consisting 01'7
buildings (with elevators and fIre sprinkler systems in each), a s"..-immmg pool. t'Aro tennis courts, a
clubhouse building, an on-site staff of five and a total annual budget of.
1992-2005 LANG MANAGEMENT COMPANY (Boca Raton, Florida)
Property Mftnas:er
· "On-$íte" managed the daily operations ofa 460 unit condominium development consisting of9
buildings (5 stories in each and all with elevators and fuc sprinkler systems in each), ~ swimming
pools, a clubhouse btùlding, and an on-site staff oft,..'o (~) maintenance and four (4) janitodal
personnel.
· Previously directed the daily operations of a portfolio of up to 16 high end communities, in the
master communities of Boca West and Broken Sound, collectively consisting of more than 600
homes and 300 two and three story condominium units.
· Consistently responsible for preparing, implementing and overseeing the annual budget expenses of
over $4,000,000 coUectively.
· Administered corporate monthly_ quarterly and atUlual board meetings.
· Professionally managed the contracts of accountants, architects, attorneys, carpenters, electricians,
engineers, general contractors. horticulturists, insurance companies, irrigation specialists,
landscapers, handymen. roofers and other contractors, vcndors and agencies.
· Maintained a high standard of living and cost effective 1ifestyle in these upper end commwùtÌes.
· Successfully negotiated and monitored the completion of:2 develope¡" turnover settlement
agreements, 4 asphalt roadway overlay projects, 9 sealcoate projects. 8 painting projects, 4 pool
resurfacing projects and 5 foof replacement projects.
989·1992 BENCHMARK PROPERTY MANAGEMENT (Coral Springs, Florida)
Property Mana2er
· Consistently directed the daily operations of up to 15 propèties, collectively consisting of more
than 1,000 two-story and low and mid-rise type condominium buildings and also individual homes.
· Responsible for preparing, implementing and overseeing the annual budget expenses of over
$3,000,000 collectively.
· Succe9sfully negotiated and monitored dle completion ofthree (3) developer turnover settlements. 2
road overlay, 6 road seakoate, 7 painting projects and 3 flat roof replacement projects.
· Administered corporate monthly, quarterly and annual board meetings.
H~.·-1. :I:S-L&O'O'"=' 1I:::.1r=.-: ~ ( .......... ","O.L ölO-J ~O.JIj ..- _ ~=-1I
.JAMES HOUCK (Resume - Page 2 of 3)
~7 - 1989 CONDOR PLACE JOINT VENTURE (Boca Raton, Florida)
On Site PropertY Man82er & LeasiDll Director
· Directed all on-site property management and leasing efforts for a 40 bay 95.000 square foot.
office/warehouse building.
· Responsible for negotiating all contracts and leases.
· Created and implemented annual budgets and prepared monthly financial analysis.
1985 - 1987 SCHNEIDER COMMERCIAL REAL ESTATE (Los Angeles, California)
Real Estate A~ent
· Affiliate member of the "International Council of Shopping Centers" (ICSC).
· Working with developers, property OVvTlers and tenants negotiated more than $5,000,000 in retail
and office leases and land and building sales.
· Created and utilized computer generated databases to work with buyers and tcnants and also
investment programs to analyze building and land sale opportunities.
1984 - 1985 FRED SANDS REALTORS (Los Angeles, Califomia)
Real Estate AŒent - Commercial Division
· Negotiated more than $900,000 in retail and office lease'3 and land sales. Achieved goals by
comprehensive cold calling on owners. tenants and other brokers.
1974-1984 ST. C'HARLES MANUFACTURING COMPANY (St. Charles, I1Iinois)
A high end residential. laboratory and institutional cabinet manufacturer.
Western Re~ional Sales Manaf:er/Multi-Hou~ine: Division (Based in Los Angeles, CA.)
· SuccessfuJly directed the development of a new region of dealerships, independent agents and
corporate accounts throughout 7 key w-estern states.
Eastern R~t!lonal Sales Manae:erlMuld-Housin2 DivisIon (Based in Ft. Lauderdale. FL.)
· Effectively managed 17 independent dealerships throughout 8 key eastem states.
National Operations Manal!erlInstitutional Division (Based in St. Charles, IlJinois)
· Supervised all c01l'orate accounts and dealer services.
Corporate Sales Ene:ìneer/DraftsmanfEstimator
PROFESSIONAL LICENSES & DESIGNATIONS
2005·Present Florida. Notary Public Commission (#D411955)
2005-Present CPM Candidate (IREM ID #0159693)
2004-Present Florida Mortgage Broker License (#504342)
1 989-Present Florida Community Association Manager License (#5414)
1987-Present Flolida Real Estate Broker License (#5003::!3)
1984-1989 California Real Estate Brokers License
CITY GOVERNMENT - BOARD POSITION
2004~Presen{ City of Delray Beach, FL - Vice Chainnan - Board of Construction Appeal~
AY-l~-L~~~ ~b:~8 PM 561 865 2636 P.06
.JAMES HOUCK (Resume - Page 3 of3)
.
~DUCATION
I 981-Present Florida Continuing Education Courses
· Real Estate Broker License & Community Association Management Licenses
1984 - 1986 UNIVERSITY OF CALIFORNIA - Los Angeles, California
· 8 various Real Estate Classes in Appraisal, Finance. Marketing and Property Management.
1976 - 1977 UNIVERSITY OF WISCONSIN - Madison, Wisconsin
· 6 various Business Management Classes
1971 - 1974 UNIVERSITY OF ARIZONA - Tucson. Arizona
· Bachelor of Architecture Degree
1969 - 197 t SOUTHERN ILLINOIS UNIVERSITY - Carbondale. Illinois
· Associate of Architecture Degree
ORRAY BEACH ~/llcG
' .. 0 . . . '"
*****
AHmedcaClty CITY OF DELRAY BEACH
l' II J!
BOARD MEMBER APPLICATION
1993
2001
Please rint the followin infonnation:
1. Last Name: ~\~ ~Iew~~', Name Ko.v~1'\ M. I. Å- .
2. Home Address: City State Zip Code
5111 «.f Lo..~fv; tvJ Q 1vJ. De \ y,.. efALk -FL ~ 3 c.¡ 'IS"
3. Legal Residence: City State Zip Code
~~~~ ~ o...~.v t. ,; :?1! .
4. Principal Business Address: City ", .' tale ,'. Zip Code
C, J {p 3 tJw Iø WOJy ~ AÞ3., () 'f'
fÎ;rw- r 1.4~.t e n~..,.1 ( FL 333 ö<J
5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:
~J ..YtfS'- 'PI 0 3 QS</- sJS: 1031 \l..,sdew$)!.; Ko. Q SW/-70¡...II4J! l Cf!TY - 3/ S'-/o 'f¡)
c..-b.cof\1
6. Are you a registered voter? Yes If so, where are you registered? D \ g
~ t'"to.'( ~~
7. What Board(s) are you interested in serving? Please list in order of preference:
p\ ' {.: '", A-t e
8. List all Citÿ Boards on which you are currendy serving or have previously served: (please include dates)
..
..r k'<;..· ~ ~~,
to t¡ Co",,",~ $s jð.... -;.>~s
.I: . :).' .~
9. Educational qualifications: . " . .
-
11. Give your present, or most recent employer, and position:
to.ý":
12. Describe experiences, skills or knowledge which qualify you to serve on this board; (please attach a brief resume)
I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts
contained in this application may cause forfeiture upon my part of any appointment I may receive.
~ 8, ~~J.~-Á RECEIVED ({ Ido'!
lGNATURE JAN 0 7 2005 DATE
Note: This application will remain on file in the City Clerk'~ce for a period of 2 years from the date it was
submitted. It will be the applicant's r~¥b~~ e that a current application is on file.
.-Im L~SD S'CITYCLERKIBOARD\APPLlCATION
Karen Kiselewski
3674 Lakeview Blvd.
Delray Beach, FL 33445
(561) 495-7403
karenkiselewski@excite.com
PROFESSIONAL BACKGROUND
3/04 - Carter & Burgess, Inc.
present Planner
Tasks: Planning Consultant:
· Review local government comprehensive plan amendments on
behalf of Florida Department of Transportation District IV.
· Provide support to local governments on miscellaneous planning
activities, including development of transportation demand
management strategies.
· Evaluating and presenting demographic conditions based on
Census data and other available information.
1/02 - 3/04 City of Lauderhill
Associate Planner
Tasks: Long-range planning:
· Development of City Comprehensive Plan Housing and
Recreation & Open Space Elements and support material.
· Special projects, including generating staff reports for future land
use amendments, and redevelopment area and corridor studies.
· Evaluating and presenting demographic conditions based on
Census data, property appraiser data, and real estate tools.
Current planning:
· Zoning code functions, including generating detailed staff reports,
reviewing and approving occupational licenses and building
permits, conducting zoning inspections, and answering inquiries
on land development regulations and processes.
· Performed a historical study of land development activities for
input to zoning and future land use map amendments.
Recommended 32 map modifications to promote consistency.
6/99 - 5/01 Siemens Information and Communication Networks
Manager - Systems Engineering (Systems Analysis)
Tasks: Managed team leaders designing telecommunication equipment,
including setting priorities to meet schedules and financial targets,
and coordinating/overseeing tasks to fulfill implementation goals.
Represented Siemens in meetings with customers and suppliers to
better understand and meet needs. Performed systems engineering
work (see next position) as necessary.
5/89 - 5/99 Siemens Stromberg-Carlson
Distinguished Member of Technical Staff - Systems Engineering
Tasks: Coordinated feature development for telecommunication equipment
based on technical industry standards and customer input.
Generated high-level concept documents and provided direction to
others performing implementation. Required decision-making based
on proposed benefits and costs, facilitating team work, providing
feedback to industry standards, and presenting material (as a liaison
between technical and non-technical) to marketing and customers.
6/86 - 4/89 A T& T Bell Laboratories
Member of Technical Staff - Planning and Development
Tasks: Performed capacity analysis, software design, and implementation of
features for telecommunication equipment.
8/82 - 6/86 Ohio State University
Instructor and Teaching Assistant - Mathematics Department
EDUCATION
12/01 Master of Urban and Regional Planning
Florida Atlantic University
6/86 Master of Science - Computer Science
3/85 Master of Science - Mathematics
Ohio State University
6/82 Bachelor of Science - Mathematics
California Institute of Technology
HONORS, AWARDS, MEMBERSHIPS
· City of Delray Beach City Commission - 4/96 to 3/97
· City of Delray Beach Planning and Zoning Board - 9/92 to 4/96
· Member American Planning Association - 10/97 to present
· American Institute of Certified Planners - 2005 (pending)
· Caltech Alumni Admissions Representative - 9/92 to present
,.- .ß(' ~{OSs,¡'''j
DELRAY BEACH
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b:IIIzII
All-AlnericaCity CITY OF DELRA Y BEACH C/Ì'y - 5' <'UOS
, ~ II I!
BOARD MEMBER APPLICATION !I CI.~Iy~
1993 ,!MLi} 1ê~
2001
Please or rint the followin information: 3 -- d-~ðJ
1- Last Name: I{!-£/ ;/ Name W/Ý MI~
2. Home Address:# ê ¿é £ ifo~ Ci~ £¿~ Lffi.1cA1 ~ ~jo,~
3. Legal Residence: City State Zip Code
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4. Principal Business Address: City State Zip Code
.
5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:
1¿3935/7 - mfo¡ifl/?] æ. Q)tJ»!. /'7 vtlG3cft'b 3
6. A1:e you a registered voter? yu If so, where ~~e~¡~} -¡:u't<-,iJJ.A ?.Lff(V,Jif f1xr7
7. What Board(s) axe;l£ interested in servin5 Pl~Vï ¡rder of p~en~
'£1 4Bo/f h0û 0 Cé. ~/L
~
8. list all City Boards on which you are currently serving or have previously served: (please include dates) d ~ S
9. Educational qualifications:~..r /Î<!c # /??-Y /l-
t!Z}ú.47/
10. list any related professional certifications and licenses which you hold:
11. Give your nt, or most recent employer, and position:~ J?lc ~ 'OÆ'
eucnJ€-..1>¡R€dõi<- e L- \L
~/hÝQ/~ .goo?d£..L--< 1-1 4&A1 ~ pA- 9'0#
'5Lþ ¥ .f7E-/Oð
12. Describe experiences, skills or knowledge which qualify you to serve on this boaxd: lease attach a brief resume)
)l-ú- a ,
certify that all the above statements are true, and I agree and understand that any misstatement of material facts
application may cause forfeiture upon my part of any appointment I may receive.
J').;vW
DATE
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.
SlCITYCLERKIBOARDlAPPUCAllON
!-/)1 hi3ò
,
I moved to Delray Beach 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 since family still resides up North, we found ourselves welcomed
into a city that is a microcosm of what we think America should be - a blend of peoples
of all ages, races, and economic groups. A city that has pulled itself out of doldrums and
is a relatively safe and embracing community complemented by the fact that it is sitting
in a beautiful environment. We found that we became more active, looking forward to
enjoying the beach and parks and attending the many events held in the city. We take
pride in the fact that we call Delray Beach home.
I am sure many of you have seen changes in this city in the past years, but the challenges
the future holds can be daunting especially in protecting the assets that make Delray
Beach an All-America city. Just drive down Atlantic Avenue and not only can you see
the changes in the city but you can feel the changes. 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 call 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 can assist the challenges facing the
residents of the city and those elected to manage Delray.
I am attaching a professional resume to assist in your review of my application. 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 Consultin~
· 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 $1M
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 successfullPO'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 recorå 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 $2.0M investment for an e-commerce
business. Provided operational and financial consulting while acting as CFO during the product
development phase.
Tactical Finance and Accountin~
· 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 $50M 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 $25M 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.
ManaQement 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.
· 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-miltion dollar systems
conversion.
PROFESSIONAL HISTORY
INDEPENDENT HEALTHCARE CONSULTANT, Delray Beach, Fl 1994 - Present
NOVACARE ORTHOTICS ft PROSTHETICS EAST, INC., King of Prussia, PA 1990 - 1994
Controller
Responsible for all financial reporting in a $110 M division of this publicly traded healthcare company
with 55 þranch 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 eFO and partners. Supervised a staff of thirteen.
EARL Y 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
DELRAY BEACH ýd U(7 ('?--teX?-
. .. 0 . . D '"
. .... '" * * *
AI. IIlItca'Cily CITY OF DELRA Y BEACH /;)IJ/tJ1
" III!
BOARD MEMBER APPLICATION RECEIVED
1993 JUN lO 2005
2001
infonnation: K
1-
2 State
ch PL
3. State
4~cipal Business Address: . i City State Zip Code
yan Cr- c::e K.. ek~merrf-a ry Sc-h DD Dekay ßch. h 33445
42.4 SQ J:-:o ( L£Lk:c:5 Qd .
5. Home Phone: Business Phone: Fax:
Sf¡¿ 1- 2-74- - 4-72- Î
6. Are you a registered voter?
on
!
Note: TIùs application will remain on file in the City Clerk's Office for a period of 2 years &om the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
SlCnYCI£RK.\BOAlU1\APPUCATION
Loren Levinson
180 Northeast Fourth Avenue #208
Delray Beach, FL 33483
lorenlevinson(â),hotmail.com
EDUCATION
Masten in Elementary Education grades 1-6
Graduated May 2004
Overall Grade Point Average: 3.8
Bachelor or Science in Business Administration with Specialization in Marketing
Graduated May 200 I
University of Florida- Gainesville, Florida
Overall Grade Point Average: 3.18
JW1ÍorlSenior year GPA: 3.6
TEACHING CERTIFICATES
Florida Teaching Certificate in Elementary Education (grades k-6)
District or Columbia Teaching Certificate in Elementary Education (grades 1-6)
TEACHING EXPERIENCE
The School District of Palm Beach County, Teacher August 2004 -Present
Currently working as a fourth grade teacher at Banyan Creek Elementary SchooL Responsible for the math.
science, and social studies curriculum. Plan and implement lesson plans that are aligned with both state and
national standards, issue report card grades and hold parent conferences. Attend faculty meetings and workshops
that help me to learn and apply new teaching strategies.
The School District of Palm Beach County, Substitute Teacher November 200 1-2002
Title I Substitute Teacher October 2oo2-November 2002
Worked at Banyan Creek Elementary School with first through fifth grade students that were having difficulty
J with reading or math skills. Planned and implemented lesson plans. Designed and used reading and math centers.
Sib Grade Reading Substitute Teacher February 2002-May 2002
Worked at Banyan Creek Elementary School and was responsible for all the reading classes as well as a
homeroom class. Planned and implemented different reading lessons for the different levels. Issued report card
grades and held parent conferences. Attended faculty meetings and workshops.
OTHER EXPERIENCE
Business Partnen Committee for Banyan Creek Elementary School August 2003- Present
Responsible for seeking support &om local businesses. Create and distribute information about our adopt a class
Program. Act as a liaison between Banyan Creek faculty and the business community.
Campaign Manager, Jon Levinson Campaign for City Commissioner, January 2003-March 2003
Managed day to day activities of the campaign. Created collateral materials, budgets and timelines. Identified
strategies and implemented action plans. Presented speeches to local organizations and interacted with a diverse
voter population in Delray Beach.
Teaching Assistant, Drug and Alcohol Abuse Coune, August 2ooO-April2001
Assisted the Professor in lecture planning. Created and executed independent lectures. Lead and evaluated
discussion groups and graded student assignments.
Director of Solicitations for Zeta Tau Alpha Sorority Linedance Fundraiser, June 2000-October 2000
Designed and implemented a highly effective fundraising campaign for the Susan G. Komen Breast Cancer
Foundation. Directed a team of individuals who sold program advertisements to local and regional businesses
resulting in a successful $10,000 fundraiser.
.-
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All-America c; CITY OF DEL RAY BEACH
'111 t BOARD MEMBER APPLICATION
1993
2001
c¿ L r2-o '0
a State Zip Code
."t'fb CWi- (2.4/0 n FL
-
7. \1'hat Board~are you interested' serving? PJease Jist in order of preference:
D fi /::L::Þ Cž . I /1
J.-A-/Ub
8. .... - ----
9. Educaåona.l qualificaåons: II I G-fI S?c. hC>ð
sition:
Note: ibis application will rcm2Ín on file in the ~~or a period of 2 years from the date it was
. submitted. It will be the applicant', respo' urc that a current application is on file.
~~~T1ON
U:!/1:j/2004 17:11 t-AX. ~OO2l002
RESUME FOR PEARL BUNNY MARKFIELD
ELROD
DIRECTOR RESEARCH DEPT:NATIONAL ENQUIRER NEWSPAPER
(14 Yrs)
REALTOR: COLDWELL BANKER REAL ESTATE (22 YRS)
(multimilJion dollar producer)
PRESIDENT: MERRITI PARK HOME OWNER'S ASSOCIATION
(4 yrs)
BOARD MEJ.JBER PROGRESSIVE RESIDENTS OF DELRA Y (2
YEARS)
MEMBER SWfNW REDEVELOPJMENT TASK FORCE (FROM
INCEPTION) PRESIDENT BEAUTIFICATION COMMITTEE FOR TIlE
NW/SW REDEVELOPMENT TASK FORCE)
MEIvlBER DELRA Y LOOP
a...CO-MANAGED TROLLEYS FOR OPENING DAY EVENT
b.WORKED ON CLEAN-UP COM:MITTEE DAY BEFORE OPENING
OF LOOP-PICKING UP GARBAGE IN SWfNW SECTIONS
c. WORKED AT DELRA Y FRESH MARKET WEEK PRIOR TO LOOP
OPENING DISTRIBUTING ANNOUNCENlENTS OF THE FOLLOW
ING WEEKS OPENING CEREMONIES
MEMBER FUND RAISING COMMITTEE FOR THE MILAGRO
CENTER.
DURAY BEACH :J/~ /67
f t. 0 . . IØ ...
***** RECEIVED
All-AmericaCity
" III! CITY OF DELRAY BEACH FER 0 8 2005
BOARD MEMBER APPLICATION --- - - - - RK
C¡ f~í 0LE
1993
2001
information:
N~e¿. é# M.l
LANE 1)~ (~- State f$ Cytt-
r:L
City State Zip Code
4. City State Zip Code
E-Mail Address: Cell Phone: Fax:
L
,
11. Give your present, or most recent employer, and position:
-
12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume)
I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts
cor;;; '¡;d cau,e fotfciture upon my part of any appomttnen~ ?vt
._->NATURE -. nZi
Note: This application will remain on file in the City Clerk's Office for a period of2 years &om the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
S\C1TYCI£RK\BOARD\APPUCA110N
=?ÜI'I : FAX NO. : 2784664 J u 1. 08 2004 \38: 03Hf'1 P2
07.'O'T/O'¡ WED 08:3% FAl 561 2.t3 37i4 CITY cLERK Lt!OO:!
!>~lRf.':.8µ~ 1/7 -lJ ú
r,tftfllll CITY OF DELRAY BEACH t!e-j1e[6CifR;-,\.-etl
BOARD MEMBER APPLICATION
@
1993
2001
in(omnåon:
~-
2. HOtr.e .A.d.dttss: $t1I:e. Zip Code
'/- b (JC) Jú ¡4/ f f1 Lry'I- \ < { v ¡,;:- ;:f e?k. (f- ¡Cz.-") 5 't 'f r
3_ Legal Residcnct:.: _ State Ztp Code::
.> /1# f::
4, Principal Busin~ Adch.-eu: City StB.tc Zip Code:
I
r¿ç -r; IZ C'"'-:> :
- I
S. HOUle Phone:: Business Phone: E·Mai.1 AdMess; Gill Phon¢; Pax: I
I <;3(- J..'")J....-(t,...i --- /f~"f?f~/I<F¿-Co.., Ç6f-<ff"F- p...:>6 -:J---;r¡;-'466¥ I
6. Arc Yol..\:a. rcgistaed voter? y...?'( If $0. wheJ:c ate you reg!st:êCed? D <="~7 í{.&--¡:}-sèJ~ !
I
7. 'What B<JlI.1'd(s) a,re youjl'\~t>ed in 'ervini-' Pl<:asc list in o¡:ð~ ofpxcfe:œr¡ce: I
2..ov'~G-- æC7l¿.c-y tl-I/1 .!
~ 8.. Lis~ all City 13011rd. ~ "OIbich you are cuuCSl.tly s~IY.Í:.Ig or Mve pr-et'1oU51y ~ (p!ëa¡;e wdud~ &æs) ¡
-1
) I
9. Educaci.otl~ quAlificarioo.s:
c. c..;-- '1 - A t-L.- ¡a -fu TV ~ W- Ie.- c... Q ..., rz S- <:r-f
10. list any rcl2.tcd pmíessional ce:r:tì.fi.catÏmu and lic.cO.~e5 whÎC"h you hol&
c..v oA ,., n. y A- c.. ~ -n ¡::,J (f1" 1) V' a,~ $' 4 P,-,s;>/y c...µ R.f..t.. lS -F+1--t: { ~CF'Yl-
¡::¿ /L U<7" C ø 4S T t:;..v 4,e;:..-¡; (../ (" ,4 -f7¡ ~ ¡"7 '" &.~ ß ~c..rf /.::i:tw-Ø'C- 5 q",4;) ¡t!G;.¡.....
11. Give yow: present, OJ: mo~t .recwt <tmploye:r, and position:
.s:r4-Fr- ..ó"Ad%(L/.2¡d'-?4-~- ~t'"Æ=- ~,qó:Ef")../¡C.Þ..ç F7"r"....- 19"7")..- .
-r/M(..--h~~I'_"'=- - /f"7:L '" {~stf?-
11. Dc:;cribè e:q>èl:Îences. ,kiU$ 0:1: k1)owkdge 'Wh.1eh <tuaJify yo·a to çer'7(o on tMt ~ (P1~s~ a~ch a brief reswne)
C (J all ú~ "T t- T ¿ <I~ A- ß <:> po -f5 //?¿;:¿. '"'<> /'l r - ¡dr''''' 6'>: ~ P j) ",-r:. 1"l..4-.,... - ¡'?,,4 &0..... /.!. €?LR-H
S",4¡c. ,.L ¡7~(..J <r-rL S tf!VA-7~¿./;::' P4-.! -c ])I'-'?~ro't- J> a..A-~7 ¡o LIlyHct.tH; -"l Y€=jCJ.~2r!
I ht:reby (;('ttify that aU the: a.bove Sta~tS are tJ:Uc, zDd I ~e *Uð. 'U1)dc$c.and that 3nY mis5tat~ent Qf mQ.f.e<'~ facts
c::onUÍí1<,:d in this application may cause fotfcib...re upon my ~ of any2.ppoiD.~ I auy rece:ive.
!2y/L--- ~ 7/7/o"r
SIGNATURE DATE ¡
i
Note; lws appliçation -=in.t~ on Bk in the City Oerk's Offi.~ foT. a. pcrio<l of 2 y~ from the òa.te it was
:lubmirted.. It will. be m.e a.pplica.nc':S :I:e5ponsiòility to E:IlSW:C ¡WI1: Ii C\UXe1lt appliattion is on ûlc..
~1'L:CAnObl
RECEIVED
JUL -07 2004
CITY CLERK
O'E\..RA.Y8I;A.CH (j¿lotlo!- £¡ß'.
... c. D' 4 ....... .It.
...............
AD-Am8ricaCity CITY OF DELRAY BEACH ;LlNS'
'InJ!
BOARD MEMBER APPLICATION
1993 1/17
2001
Please or rint the folio infonna.tÍon:
1. La.st Name: ÆJ e ú.J ell Name ßì ML
éê..
2. Home Address: ,úE ;l..~j Cíw State Zip Code
;;Ž8Q AUe . {)eI,~ (5e~Á f? 3Jr¡y
3. Legal Resîd.enc<:: City Sure Zip Code.
S&.>v1~
4. P.rincipal Bus.in<:ss Addr~s: City St:a.re Zip Cod~
oS 0. h/J -e.
5. Hom.e Phone: Busim:ss Phone:: E-Ma.il AddrèSS; Cell Phon.::: Fax:
r.rtr J Î8- 30(8' br¡euJ ef/1 ~ hofMa:~ &1¡)8'lf]-33f/
6. Axe you a registered '\TOœr? If so, where are you registered? ~A
es
í _ What Bond(s) are you Ínte:re:ste:d in serving? Please lìst in order of preference:
~4J1"'; ;1 L<Aj 2øn ,'/1 cz .()C,4/ j ÆJejql, ÆU7r((llJJ /<J j 1I;~d CCLo1 c/ I :; ; 1'E. ~,., Î-eV ¡'~
8. ~~ ~ ~ ty ~o~<¥_?~ ~~ch y aré cun:e.nt!y set-vÏng 0 ve pr~viously se:t:V'ed: le<l.s~ in~lud~ .cla.tð) - .- - . -
9. EduC1Uional qualifications:
A-A.
10, List any reL..~d professional certifications ILnd licensçs which you hold:
11. Give your present, or mOSuecent employer, ILnd position:.ð: /- f _ ;e€o/~
G- .J fe/,I
kea1tcÎ
12. Descnl:ie experiences, skills or kno...vledge which qualify you to serve on this board: (pI~se attach a brief !"esume)
I htte:by certify that 2ll th~ ab()v(: sbtements are: true, 2nd I agree and understand that any misSt,;¡,tëmtnC of materúl faces
<OD~ ~yc=e fmf~;~~I~~~Y'PPDm~ì~~tlve
;Nil . JAN 0 5 2005 DATÉ
Note: This application will remain on file in ch~ City Çl~fice for a period of 2 years from me date it was
submitted. Ie will b~ th~ applicant's .eþ;¥i1ß.~ me that a current appliclltÌon is on fil~_
S<ClTYCL6U\80ARD-Al'tUc..o\TION
Bryce Newell Home (561) 27&-3068
280 NE 2Þd Ave. Cell (561) &43-3311
De1ray Beach. FL 33444 E-mail bnewel11@hotmaiLcom
PROFILE
Madœting and sales executive with 6 years ofbigh level outsíde sales experience, with a provEln track
reoord in developing new business and driving revenue in leading edge technologies. Strong analytical,
çreative. and communication skIlls developed through 8SSÍgJ:JInC0tS in strategic pJ;mnin¡::: marketing
communicarioDS., prodUCt launGhc;:¡, and tntining. Excellent leadership abilities demoostra1ed by delivering
IUlÙts through highly motivated and imagjnati~ teams.
Profl!S$ÙJnal £xpe,ience
FDN Communieations; West Palm Beach. FL 4/04-Prescnt
Senior Account Executive
Pt-ovide dæa productS and se£Víces. to busìn~ tbroug11out Flori<1a and GooTgja. Ptiroary foçus on
international multiple location corporations relying on high use data transport. In the top running
for rookié of the 2114 half of the year award.
Mc:LeodUSA.; 0aI::br00k, IL 3/03-2104
Smior Account Executive
Mìd-Market tele<x>mmunicatious sales position Ú1 greater Chicago land area. My responsibHiry is
to acquire new Business only. Services consist of: PRl's, n's. VPN's" Frame Relay and
Wireless. Typical month includes running approximately 15 new appointments, resulting in <1 to
6 otdelS 13DgÏng úom $506 to $3000.
; ClearOoe Communiations; Westmont,. fL
Senior Account ManaJler 1102-12/02
Vìdeoconferencíng Specialíst position. brought on fO esrablish marlcet share in. Chicago.
Company provides end-to-end solutions for video. audio and web conferencíng scrvÍccs.
Primary customer focus is FortUne 1000 aoàHigher Education market.
Tandberg. LLC; Chicago, n.. 8/01·6/02
Regional MM\8J!ef
Responsible for selling TANDBERG Vìdeoconferencing equipment to Education and Medical
Agencies.. Partnered with consultJmts and system. íntegr1lto~ to provide the customer with a
complete solution. CuJrent territory consists of Illinois, Indiana and Wisconsin.
IuVieW; Chicago. II...
Business PevelOPIIlent Manaeer 10/97-7/01
Woded with equipment dealers, sysœm inr¢grators and telecommunication companies to develop
new accounts, Increased company revenue by 20"4 by creating a partneßbip program. Deve.loped
worlöng n~lationsh.ips with sysrem. integrators. equipment manufacrures and telecommunication
companies.. Consulted with IT and Telecom Directors on Videoconferencing servîœs.
CSC Office Automation; Rolling Meadows. II... .
Maior Account Manager 2f9f.r9197
'EDUCATION
1991-1993 A.A.~ Business Managemen~ College ofDupage. Glen Ellyn. IL
1993-1995 BS. Business AdministratiOl4 Loyola Universít).·- Chicago. IL
DElRAY BEACH
f .. 0 . . 0 A
II.1r:I!II.d 1- Z-lJ 7
ANIMIIcaCily CITY OF DELRAY BEACH
, till!
BOARD MEMBER APPLICATION
1993
2001
Please type or print the followmg information:
1. Last Name: Name Jeremy M.l S
Office
2. Home Addre1s: City State Z1I3 Code
2837 Cormorant Road Delray Beach FL 444
3. Legal Residence: 2837 Cormorant Road City State Z~f£fe
Delray Beach FL -.
4. Pnncipal Business Address: City State Zip Code
777 E. Atlantic Ave. Suite 400 Delray Beach FL 33483
~ 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:
561.330.2713 561.276.1641 joffice13@aol.com 561.670.7130 561.330.2317
6. Are you a registered voter? If so, where are you registered?
Yes Delray Beach
7. What Board(s) are you interested in serving? Please hst in order of preference: Planning & Zoning
8. List all Cuy Boards on wruch you are currently serving or have prevlOusly served: (please include dates)
Neighborhood Advisory Council (1Ø/20Q4-Pres), Vice-Chair Boys & Girls Club of Delr2v
9. Educational qualificanons' -\.L.L/"-VU""T-CLe::;j
M.B.A. - University of Florida, B.S. Business, Miami University
10. List any related professional certifications and licenses which you hold: Certified Financial Mgr. ( Cfl:
Chartered Retirement Planning Counselor (CRPC), Series 7,66,31, Health Life. Variab e
Annuity License, Previous holder of Real Estate Sales License (currently re-applying)
11. Give your present, or most recent employer, and position:
Merrill Lvnch. Wealth Mana~ement Advisor' Delrav Beach
12. Describe experiences, skills or knowledge which quahfy you to serve on dus board: (please attach a brief resume)
Have arranged and facilitated the financial planning for all city employees on a Qrati:;
basis; have gone through and completed the Delray Beach Resident's Academy; strong
background in planning and Real Estate; positive contributing member of other boards ,
(see attached resume)
I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts
containlf. in this apphcanon may cause forfeiture upon my part of any appointment I may receive.
/¡/ln / July 7, 2005
r ~ ~ DATE RECE.\VED
Note: Thi apphcation will remain on file in the City Clerk's Office for a period of 2 years fro~~ rlt\t1\i
submitted. It will be the applicant's responsibility to ensure that a current apphcation is e. ~
SlCITYCl.ERK\ ON
C "1''(
§ 2837 Cormorant Rd
i Delray Beach, FL 33444
i Telephone: (561) 330-2713
Jeremy s. Office . E-Mail: officej@bellsouth.net
, ',' ", '_, ,,' "~', Developed strong management and sales skills while creating valuable networking and inter-personal
"f} Ii:'-;: I ".'.~ ~~_ relationships. Facilitated total customer satisfaction by exhibiting versatility, dependability and a bottom-line
'Sf~IÎrli'f;lf'I" :~. ,;µ~ mentality. Proven ability to adapt to new business situations and in a short time period, performance has
~ " . , », resulted in a path of consistently increasing responsibilities and promotions.
~,'r '~_._';_;;. ,,'<i.,t.:.'. Merrill Lvnch & Company; Delrav Beach. Florida (April 2002 - Present)
¡::.:,.1~Y~r~~]!'. :Yf ¡.¡:.~J!
-'-'¡:" ~," ,~~ , ~ . ~ J.~ "J
Wealth Management Advisor (Global Private Client Group) April 2002 - Present
· Serve as the Wealth Management Advisor to over 100 households
· Strong proficiencies in the arenas of Retirement Planning, Liability Management and Managed Money
· Provide complimentary financial planning services to the employees of the City of Delray Beach
Daleen Technoloe:ies Inc.; Boca Raton. Florida (December 1998 - December 200n
Partner Manager (Sales Division) April 2001 - December 2001
· Responsible for managing specific partners from pre-sales to the integration contracts ($50K-$lMM+).
· Developed multiple new vertical markets for Daleen and their Partners to enter.
· Conducted sales training around the country for multiple partners and supported their Sales centers.
Lead Partner Services Manager (partner Services Division) January 2000 - April 2001
· Team lead in managing budget, resources, contracts and statements of work.
· Responsible for development of a team ofthree managers.
· Responsible for rolling out new "Partner Maturity Model" and implementing the strategy.
· Worked directly with the Director to create strategy, processes and documentation.
· Major responsibilities were contract negotiation, contract analysis, preparing statements of work and
coordinating resources to support our Integration Partners.
· Responsible for over $500K of contributed revenue to our Professional Services and Training divisions.
Business Analyst (professional Services Division) December 1998 - January 2000
· Lead a team of Technical and Development resources in the fIrst successful South American Implementation
of the RevChain (BillPlex) product.
· Concurrently worked to further develop the Business Analyst Forum as the Professional Services organization
tripled in size during this time.
· First entry-level hire by Daleen Technologies. Part of a three member team that created the RevChain
(BillPlex) "Package" which went on to serve as the competitive differentiator in the market space.
"
r - ~ j . ~ ~ :..} r ~ t.."i ." · Excellent inter-personal skills well suited for developing and sustaining long term relationships
· Well-developed planning, communication and documentation skills
· Proficient in Excel, PowerPoint, Project, Outlook, Word, and Photoshop.
- . -..' : Masters of Business Administration (MBA)
¡d.:"~p:\;'Ç , ,~,'''' · University of Florida; Gainesville, Florida; November 2002
Bachelor of Business Administration: Finance (BS) Minors: MIS and Pre-Law.
· Miami University; Oxford, Ohio; June 1998.
Designations:
· Certified Financial Manager (CFM)
· Chartered Retirement Planning Counselor (CRPC®)
· Certified Financial Planner (CFP®) - currently taking courses
· Series 7, Series 66, Series 31, Life, Health and Variable Annuity Licenses
DB.RAY BEACH l/f/c?
.. .. 0 C . . '"
*****
AII-America City CITY OF DELRAY BEACH
'IIIJ!
BOARD MEMBER APPLICATION
1993
2001
?le3Se rint the folIo infonnation:
L Last Name: Name MI.
OWE 1 C
!. Home Address: State Zip Code
1'1 ðl ~L :> ,~ J6
t Legal Residence: State Zip Code
) k/"t/!-- i?- 0
t Principal Business Address: City State Zip Code
2- 2.)t'f LI/VrOfr u c C /t C LI.~ 6-- -;-)..ft./V ~;:'Æ-{ H FL J?Lfl{lf
S. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:
>6f- Llrc¡- g¡g
7.
B. Ust all City Boards on which you are currendy serving or have previously served: (please include dates)
OIV¡?-
9.
fA/,
to. List any related professional certifications and licenses which you hold:
/Ir.Nr. /l ÇL.,r /fT,-<-J
¡;"H It
v..... ¡trNI.;Vv ¿' '2t;t. f~¿'" IHH _~
I hereby certify that all the above statements are true. and I agree and understand that any misstatement of material facts
contained . application may cause forfeiture upon my part of any appointment I may receive.
Ò~ ::¡- -1'-OIJ RECEIVED
DATE JUL 0 R Z095
Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date i~ w!5R K
submitted. It will be the applicant's responsibility to ensure that a current application is e,£1I'¥ C L E
S\ŒIY~OARD\APPUCATION
MICHAEL CHARLES OWENS
907 SE Third Avenue
Delray Beach, FL 33483
(561) 272-8869
EMPLOYMENT HISTORY
Palm Beach County Planning, Zoning, & Building Department - West Palm Beach, Florida April 1997 - November 2002
Planning Division - land Use Planning Section
Planner I (4/97 to 6/98), Planner" (6/98 to 11/02)
Research, analyze, and interpret Comprehensive Plan elements, including future land use, transportation. economic st"ltistics, and
physical data. Responsible for oral presentations and written staff reports to various boards regarding compret'.ensive plan
amendments, including text changes to the plan, and special projects. Prepare and produce detailed maps. reports, special projects,
and graphic aids using ArcGIS and Adobe Photoshop software. Formulate and draft reports for special projects in support of planning
proposals and positions related to long-term planning. Review petitions and site plans for Development Review Committee for land use
interpretations and comments regarding residential, commercial, and industrial development in Unincorporated Palm Beach County.
Managed the annexation process for the County. Responsible for monitoring of the Fire-Rescue Element.
Palm Beach County Planning, Zoning, & Building Department - West Palm Beach, Florida November 1996 - April 1997
Planning Division
Planning Intern
Assisted Senior Planner with the implementation of the Glades Community Revitalization Program. Researched and utilized information
and planning methods such as downtown land redevelopment, site plans, landscape beautification, and restoration/reuse of historic
buildings to diversify the economy of the rural communities of Lake Okeechobee.
Prepared a Glades Coordination database and newsletter.
- Compiled a map series as support documentation for special studies.
- Assisted with short-term assignments such as preparing grant proposals.
City of Tamarac, Florida April 1996 - Sept. 1996
Purchasing Division, Finance Department.
Intern
~viewed purchase requisitions for quotes on orders over $500 and wrote requests for bids and proposals for items over $10,000.
Maintained telecommunications system and conducted special projects as directed.
- Received, reviewed, prepared and/or submitted various records and reports including insurance forms, invoices, contracts, vendor
lists, bid documents, purchase requisitions, requisitions reports, quote sheets, spreadsheets and correspondence.
Kept abreast of market conditions as well as new products, practices and product research in order to most economically and
appropriately procure goods and services for the City.
Coordinated and supervised an auction for the City.
- Assisted the Finance Department with reports and statistics for the Annual Budget Report.
New York City Department of Parks and Recreation. New York, NY. 1990 -1995
Purchasing and Accounting Division.
PurchaslnQ Agent
Responsible for the selection and acquisition of various materials for the department, including computer hardware and software items
for the MIS Division. Worked with Borough Liaisons to address and solve procurement problems. Effectively managed purchase of
recreation items for the City of New York.
EDUCATION
Master of Public Administration May 1995
City University of New York - Baruch College. New York, NY.
Bachelor of Arts In Psychology May 1988
Syracuse University. Syracuse, NY.
SOFTWARE SKillS
Work with WordPerfect, Word, ArcGIS, Corel, Adobe Photoshop. & GeoMedia software packages
References available upon request
,
-
DElRAY BEACH 7/3tl/05
, . 0 . . 0 .
a..e.d
1irr CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1993
2001
. information:
1. Name ,N1 M.L
2. It
(3{..; I
3, City
4. City State Zip Code
C:> Ù~l ~ .... ~v- . ~-l-t \.; Å c!. lA.t,... t J....j \ ~c-
~\
5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:
.;>., ?.;1. - ? '" I ~ Mc21s
6. Me you a registered voter? ~j1
j
,
9. Educational qualifications:
ß.5. 6c, it: ~ . u Ct r ... c:l.. ..'\t. ~ 1-3.
L... .
(jf
.1 _. .1' .,_ _ _1 _ _ _. _. _ ._ _ _. _ _ _ . _ __1T~______1 _ 1_ _.. . __ 1 ,1. _. __ ..:__'.0 _ .. _ _.. _ r .._ _. _ .".1 r..._
..:r: _ \.-..~~ \:'" _~~v- \~~ __r~....~ _~lJ _~~_ ft-l,,,VL.. .1_ t..t-.(~~.(-_~_T~<... tA",-~ t:.
Q..~~.JLL _~.& \J ...... ~ c..v ! t-....... J ~,t ...~~ _~~~~_!,-Î'~"".L....T__ f r __...'ÍÌ(....t:., ~6-,-'T'..1:
-- .- , - - - - - --- -- - - -
~ '-- <i- .. \; ",..q .[ ~~ ~\.1 ......~ \'" ("$",,,, ""'''^'\ <1. ,-.J..J...Jl. ~ or r-<.·t r.......... u 0>'" ---"'\ f. ,.. ì
~ êf:Z1.:J- k-...(A¿~",,"~ - -- --- - - -._- - - - --
?/.2'(~ 3 RECEIVED
,
S' \ 1"'- ...."f'oJ.r ~ - JUl 30 2003
J3vA D..... 't' A..
C'TY CLERK
--""-"....1.-&..".&.......... I.r-t\:.1L u_
IIi ¡¡;.iü¡- 'jfOÑ~ iï~2ß rÁi '561 'ž~j J77:1 crTI' CLERK 19Joo2
DElRAY9EACH III /ftló~
~
AHmericICfty CITY OF DELRAY BEACH
, ~ III!
BOARD MEMBER APPLICATION
1993
200-1
Please e or rint the folIo ìnfonm.tion:
1, Last Name: J S,44.z.CWG N2JIle Ml
EffOMb
2. Home Addres-': \3-0d.- Ci1y Sta.te: 7...ip CQdc
z.. ð 0 .At4c. '¡:::4-L..~ ¡; þr. t:> € ¿,.rh4 G~ ~ iJ~ 63
3. kgal Residence: City State Zip Code
4. Principal Business Address: Cíty StAte Zip Code
100 &At'" A T&...Jr4J r;" .B t. J'p' P0o/~ ~ ~. 3.706t
s. Hom~ Phone: Business Phone: E-M..-úl Address: Cd! Phone: Fax:
511- Z-íf ~ J z. 5'9 ~y;,- T#Þ- "'#16 J~z.¿,."'G .J(3p;:a.. -F¿,.l-Y 73-/7/7 9FfL]#~~7f?
6. .Are you n registered vorer:( y ¿;;:. S- r f so> where are you regIstered? I.? &?z.- ~ ~ -QE~
7. What Boud(s) ue }'OU Ìnte:resred in gerving? pleue list in ord~ of prefe;rence:
5 ZC~~¡ c
: Lis! all City Boards .on ~ch you u~ ~~t1Y...~~ or ~y~_prcvi~21J :)<;r,Y~ (P~_s.~ Ùldudc_~t:(;$t. _
- 1r 0 ¡:::;Ú::A - 4
9_
~
11. Give yout' presen~ or most rccent employe.:r. and position:
e.t'i .ph- ~~ ~'
12. Deso:ibc: expeå.cnc.c:lÔ, skills or knowledge which qual.ify'}'Q1.1 to S(:['ITe on this boud; (Plca.sc acCtCb. a. bckE re$um~
é p~.x¿ .z;r<t/ø{~ ; c- . ~r:
nø;', .' ;"'0 . ~I
qr, ~",ç,. " :.A
~ {;> ~
[)ß~e. .-
15(;r~f/ _ r /S J. c:: Þ--c
[ hereby certify [har all the above: statements <ID: tru~ wd r ee ~d undcrgtand dut I!.nY rnÎ.!1IIt:ltCffit:nt of m1}C~ filcrs
:on ~1,'l this applicati y caLIse forfeicure upon my part of any ~ppointtneot I may cca::i"e. 'lECEIVED
----!LP ~ r
NOV 1 6 lO04
DATE
ote: Th1S appliatton will :remain on file: in the City Clerk's Office for :a. period of 2 yes-IS ft-onQtif¥ti(}1L"1!R K
submitted. It will be me applic1Ult's te.5pon~ibilí(V to ensurc that a C'l1tI:en[ aVDliClt10n iq on -fill'_
-- ----
::J:.J"" ClO"'O I , DU 1. LU 1.1 '1':1 rr4'.::II:. U':'
1.1.f1.0f";:t.lU... 1.1.'"'-_
JEROME SANZONE
200 MACFARLANE DR
DELRA Y BEACH, FL 33483
(561) 143-3299
OUTLINE REUME
March, 2002 City of Pompano Beach Building Official
Prt:Se:nt 100 E Atlaotic Blvd
Pompano Beach, FI.33061
Marcb, 1989- City ofDelray Beach Building OfficiaJ
March, 1002 100 NW 1st Ave
Delray Beach, FL 33444
June. 1986- City of Oakland Park Building Official
March. ]989 3650 NE 12m Ave
Oakland Park, FL 33334
June, 1984- City of Pompano Beach A9S1scant Building
June, 1986 141 SW I"' Ave Official
Pompano Beach, Fl. 33060
I JUDC, ]980- Self-Employed Construction Consultant &
June, 1984 RR 2, Box 816 General Conttactor
Pompano Beach, Ft. 33067
April, 1978- General Dc:velopmem COIp. Director of Primary
AugtJ.$t, 1980 1)11 South BaY9horc Dr Housing
Miami, Fl. 33131
October, 1986- American Plywood Assoc. Sf. Interuational
April, 1979 PO Box 11700 Field Sc:rvíCC$
Tacoma, WA. 9&411 Representative
August, 1965- Rinker Materials Eng. Coordinator
October. 1966 805 N. Railroad Ave. Fic:ld & FabricatioD
West Palm Beach, FL of Project3
Febmary, 1963- Líndsky Lumber Co. Estíma.tion,
August, 1965 Steel Division Detailing, Field
Dania, Fl. Supm.ision,
Customcr Re:1ations
April, 1960- Security Planning. Inc. Sales Representative
December, J 962 First Nationa] Bank Bldg.
Miami, F1
February, 1960- Dade County Highway Estimator &
February, 1963 Design SectiQn Designer
I
)
1l/16/~ßß4 ll:~~ 9547864677 BlJILDIIIG PAI:;E IN
June, 1959- C & C Construction Est1ITU1tQ[ &
September, 1959 613 Tabor PlacE Designer
Investor Planning Corp. Sales Representative
60 E 42nd Stn:et
New York. NY
JEROME SANZONE
200 MACFARLANE DR.
DELRAY BEACH, FL .B483
(561) 143-3299
O'Tr~E RESUME (CONT'D)
Sq1t. 1958- New Yark City Cormnunity Construction Tech.,
lan.. 1960 College ABS Degree
300 Pearl St.
BrookJy:n, NY
Sept., 1955- . United States Army Corp of Engineers
Sept., 1958
JlI.n¢, 1954- Levy & Q'Keef Mechanical Design
Sept, 1955 171 Madison Ave
New York, NY
,
11116/~mN ll:~~ 954 ï864G ïï BUILDING PAGE 05
PROFILE
Date: of Birth: August 17, 1936
Marital Status: Married
General Health: Excellent
Military Senice US Army Corps of Eng_ - Hooorable: Discharge, 1955~1958
Catification: Florida State General Contractors
License #CGC-007690
Ccrtified by the Departmcnt ofp;rQfessional Regulations in thr-
Following areas:
Building Code Adminigtrator;
Structural Plans E.xaminer and Inspector;
Electtical Plans Inspector;
Mechanica.! Plans Inspector
Plumbing Plans Josp«ror
C.A.B.O. Ù.rtIfied Building Official #923
Florida Board of Building Code and
Standards Certificate # III
Building Officials Association Building Code
DII"€:ctor CertificatE: #147
Soutb Florida Building Code Building Official,
Chief Structural Inspector and Plans Examiner
School: NYCC'C A.B.S. Degree in COl1struetioD Technology
Organizations: Florida Atlantic Builders AS3ociation Cllairman of
Affordable House Conunittee
Govcmtnenral Affairs Committee
Builders Association of Soutò FJorida
Co-Olairman ofTeclmical & Consnuction
Committee
,
Construction Specifications Institute
Building Official$ Associa.tion of
1l/1f,/~OØ4 11:~~ '3547864f,/ï BUILDIt-þ:; PAGE øf,
F]orida
JEROME SANZONE
200 MACF ARLANE DR
DELRA Y BEACH, FL.
PROFILE (CONT'Ð)
Boards: Browaro County Construction Industry Licensing Board
Palm Beach Couruy Bui]ding Code Advisory Board
Palm Beach Count)' Fire Code Advisory Board
Fire Code:: Board of Adjustments and Appe.als
SBCCI By-La-ws COmrrUnec:
SBCCI Code IntaprctatÏon Conmrinee
SBCCI Existing Building Code Committee
sacCI Genenl Design Committee
130AF Resolution Cormnittee
Palm Beach County Hurricane Retrofit Committcc
Palm Beach C.oUTJty plumbing, Eleen'ical and
Mechanical Review Committee
ICe International Building C.ode Structural Committee
Languages; Italian, Spanish. Japanese and Latin
I
11/16/~Øß4 11:~~ '354ï8646/ï BUILDItf:; . PAGE Oï
.
JEROME SANZONE
200 MACfARLANE DR
DELRA Y BEACH. FL. 33483
CONSULTING
CLIENT ACTTVITY
US Depr (If Agrkllltun: Set up construction companies to build mass housing and train
Personnc:1 in Vt:nezuela, S.A., 3 projects startt:d
National H(lJI)es, Inc. Ac~üre product .õlpprovals for their system under the
SBCCI and SFBC.
Ryan Homes Analyze and solve construction problems.
G.D.C. Analyze and solve: construction problems.
HeUer, Weavcr & Assoc. Evaluate: buildings for condo con'l.·ersions.
Gcnstar Developed site: plan for plann~d community in S. Dade
m Evaluated structures at Palm Coast in Bunnell, Fl.
Approved as expe:rt witness in American Arbitration and
Federal Court.
G.P. Analyze and solve problems of COl)$trUcrion applicaúons.
Northwood lndustnes Advised on markeÛIlg of construction products and gained
code approvals.
MarC1em Advised on marketing Qf constrUction produc~ and gained
Code approvals.
Everglades Chemical Advised on marketing of construction products and gained
Code approvals.
MCl-Cuter C08tmg Advised on marketing of construction products and gained
Code appro'\·als.
c.A. Marando Advised on mar.lceting of construction products and gained
Code approvals.
Ronda Divislon of Analyze, iDVe¡;tigat~ and ëvaluatc projects as well as testify as
Law EnforcE:ment An Expert ~'i1ness for (he Construction Fraud Case
,
!
11/16/~Oß4 11:~~ '35478646ï7 BUILDU-IG PAGE 08
"
~" -
.
JEROME SANZONE ,
200 MACFARLANE DR
DELRAYBEACH. FL. 33483 - "'
PROFESSIONAL ASSOCIA nONS
American Concrete Insritutc (ACI)
American Institute QfTimber Construction (AITC)
Building Officials Association of Florida (BOAF)
Building Officials Association of Pahn Beach County (BOAfPBC)
Building Officials and Code Adminis1r.JtoJS (BOCA)
Construction. Specification Institute (CSI)
CouodI of American Building Officials (CABO)
Internadonal Conference ofBuiIding Officials (ICBO)
Southern Building Code Congress Intemarlonal (SBCa)
:
PROFESSIONAL CER TIFICA TIONS
Broward County Board of Rules and Appeals:
Building OfficiaV Plans Examiner
Building Officials Association of Florida:
Building Official/ Department Director
Council of American Building Officials:
Building Official
Florida Association ofPlumbing-Oas-Mecl1anicalInspectors, Inc.
State of Florida. Depamnent ofBusÍßess & Professional ReguJarion:
Building Offiçialí Code Administrator, Plans Examiner, Inspector
State of Florida, Department of Business & ProfessionaJ Regulation:
General Contractor
State ofFJorida, Florida Board of Building Codes & Standards:
Building Official
RELATED INDUSTRY ACTIVITIES
Building Association of South Florida:
Co-Chainnan. ConstrU4:tion & Codes Committ~ ]980-81
01airman, Palm B~3ch County Fire Code Advisory Board 1990-94
Chainnan, Palm Beach Count)' Fire Code of Appeals & Adjustments 1990-94
College ofarclntec1S, Engmeers & SlUveyors Seismic Committee 1968-73
Low Cost Housing Comminee- Puerto Rico 1963-68
11/16/~ßß4 11:~~ 9547864677 BUILDING PAGE 0'3
President, Building Officials Association ofBrov.rard County 1987-88
President, BuiJding Officials A~sociation ofP.almB~ach County 1994-95
Somhero Building Code Congress International By-ùws COIIUl).ittee 1992-93
Southern Building Code Congress Intemariona1 Code IntE:Tpreta{Ìon Committee 1994-95
Southern Building Code Conference International Existing, Buildmg Code Comminee 1995-97
Southern Building Code Conference International General Design Comnrittee 1997-1999
Intemarional Code Council ICC JNTERNA TIONAL BUILDING CODE~Structural Comminee 1999-
Present
)
t By: RANDEE S SCHATZ,PA; 561 833 1881; Aug-2-04 2:26PM; Page 2/2
- - . - ___ __..._ &4-'" ......,.... """ ."'.... L:l1"Y ç .ERK @OO2
O£UtA.'V BEACH r-~ d(ó
~ . ... . . .. ...
~
CITY OF DE f-RAY BEACH ~1't1€f
, III J!
BOARD MEMB ~R APPLICATION
1993
2001
Pl~e t:\rpe or þl"Ínt the followin~ inforIIl:ó1tion:
-
1- Last N1\me: NaJlJe l\.iI
Schatz R~ndeL>. <:
2. Houle Address: Ciq Statè Zip Code
935 _Tasmine Dr. Delray Beach FL _13483
3. Legal R~idence; Ciq Scare Zìp Code;
same as #2
4- Pnnapal Business .Address: Ciq; State Zip Code
120 Suur.l.::>e Avenue #209 Pa In Beach FL 33480
5. Home Phone: Business Phone: E-Mail AddJ:C:!i : Cell PhQne: Fax:
561-274-0010 561-83'3-1846 561-833-1881
6. Ate you a registered voter? If so, W [be.re axe you regi.~c.tcd?
Yes P",l m R~R....h r.nllnr-y 1-'1 '-\1'-; OR
7_ What BON:d(s) lIre you interested in. serving? Please list ia ordu ( preferencr::
Planning and Zonin~ and 'I( A ~
8. rist all City Boaz-ds on urhtch you a..r:è cw:re.ody $erv:ing or ha.ve pI ~ou..~ 5çrvcd; (please include datts)
I am current:ly se¡:-vil18 on the Historic PreseI vation Board and have been twice
I elected as Chatrperson by my fellow hoard mem þers on the Board of Adjustment (term 1 mir.ed)
9. Eðuça.1jonal ~ualifïcacions:
ß. S. - E ucation; J.D_ lc)78
-
10. Lst a.ny .rcla.tro {'wfessional certifications and licenses wbid -
I you hold:
T -~ ~ 1; rAn ~~A ..- <-~.~ ~ .~~ In ~ - . ... __... -l- n.:; _+-.-; .- ..- I~,' _1....: _ __
well as a licensed real estate broker.
II. Giv-e yow: p.re.senr. or JUost recent empl¡:er. a.nd position:
Randee S. Schatz, P. A.. owner attorney
12. Describe experi.~ccs. :;kiIh OJ: knowledge which quiliy-you. to see ve on this board: (please ;¡tmcb Ii brl~f resume)
In adllition LO havi.nR served on various boards ,hich are related to are~s affected by
planning and zoning issues. my law peach ce hag had a la,ge emphasis on real estate
tral1sac~ion9 including plann~ng and zoning matt _rs at both a municipal and count.y-wide
1 ¡>.vø 1
I hC.tcby ce.råfy mat all the above :!tat(:mUltS ue mle,:wd I agree wd mdecstlnd that 1I.I1y misstatement of Irulte.ri<l! fact:;
conc~ed i.o tbir> application Inay cauSe forfeiture upon my pare of 11m l1ppointtncnt I Iru\.y receive.
~~ ÁJ,:r, "T5 8-L.--01
-NATOlΠ. DATE
~Qte:: This 2pplic \tÏon will. remaio. on EIc in the City CledÚ Oß cc for 11 period of2 ye:at:S hom tbe &it<:: it was
5Ubmittéd. It will be the. applic:a.ut's rcspowíbility to em"\: re th:n ~ CUIIe.Qt :;lpplìca.ri.oD. is on file.
R E C E , V ED n:oTYO_P'....,&QJ\ItD".m.lc...noN
tlt/3 //1) 7/1
AUG 0 2 2004
/ /;,1 7/7 errv CLERK
OB.RAY BEACH
.~OC'.A
***** 'Y12
All-lReñcaCity CITY OF DELRAY BEACH 4p C~/I/~
" II J!
BOARD MEMBER APPLICATIO~ íP 0 / lfh D
lÌ"y 'OS
1993 CI..~l¡k
2001
?lease infoJmation:
1. last Naroe: ~C Nf'1~/Dt~ Naroe N ~rJ c
~. Home Address:lj I City b t-0
~. Legal Residence: City
4-. Principal Business Address: City State Zip C.ode
)~'W16-~
5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:
5&/ ~b S"--S7- "3{; jo r7l.O t¡ r¡ G '-/
6. .fu:.e you a registered voter? 6-s If so, where are you registered? ])é1--
7.. What Board(s) are you interested in serving? Please list in order of preference:ptS ¡J
/6/) 'ò/L 04?J)
2uctfJf~
=---
9.
C Vrl-!l~A/tL-
11. Give your present, or most recent employer, and position: .
C¿fùtf / I ¿ 1-1 í A -- l-ßD IJflÍ T IlM6/LJC ,Æ ¡ piJ vtY-j
/¿(; tJ5ìtTfl J 6vé' IN ~. W4N ó ßé I AlvòØii)
(fA (Z) 1/)' 1..- û vtL-6- -r t:j';J ÚF" D fLb /
I hereby at the above statements are true, and I agree and understand that any misstatement of material facts
con~~Plicarion =y came fotfeiture upon my part of "'y ,,!,pointment I ~.
~~ . Dr~J
,
Note: This application will ren:Wn on file in the City Clerk's Office far a period of2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a cw:rent applicati.on is .on file.
/rr¡ 7/1. ~n,"
In'} n/n
VA.'VV/YV avn Vø.~'" 6"-4 ..".... .1v ~..... ""... J.... "J,A;,ftJ.... II!-j "'V'
DaRAY BEACH 1-;j-tJ7
-
CITY OF DELRAY BEACH
" III!
BOARD MEMBER APPLICATION
1993
2001
înforma.tion:
ç:ì/Vef Name Chrisle/ MI.
-'
2. Home Address: G Ci~b State Zip Code
27r e CordI - FL
It6Ice J7W.r
3. Legal Residence: City State Zip Code
~ Corq / bee 01. .AVrtà k4'af 7i .JJ'IY¡-
4. Princip1ù. Business Address: City State Zip Code
/2Jo¡' ¡Ootver/¡A~ N !10úz ~ JL .11'23J
5. Homt Phone: B11SÌne5s Phone: E-~11cil Address: Cell Phone: fax:
!!hI-¿7~- P/ò-J &2/_ 'f7Q -122- V C}¡s ..fìlvel.1ou.[e..r . IZ-f-q29-S:)'í"j' ~_2Y..l-/37'-o
6. Are you a. tCg.Î.5tered voter? Do If 50, where are you ttgÏstc.ted?
7. What BoaJ:d(s) ue you intercstcdin serving? Please list in œ:der of preferenc¢;
p/annM ~~ín
8.
I
9.
11. Give YOUt pttscnt., 0:1: most recent CtnployeJ:, and position:
II-æ,- ¿,þ~ ~ r<../ t:r- ~
~ d4~
I ~ that .n th, .b.... 61.-=" "" -. ",d I a¡¡= and ""........d that "'Y "'¡',tatanent 0; materiH facta
contain tbis apPlip. may cause forfeiture upon my part of any appointment I may receive.
74 _L/ _ I~ ] -OJ
SIGNATURE DATE J
Note: This applical:ion will te:ID2i.n Qn file in the City Clctk's Office for a period of2 years from the date it was
submitted. It will be the applicant's responsibility to enStlré that a çuuent application is on {ije.
SIClTVCLI!JIKIBQA.RDIAI'fUCATION
fry; 7/1
Christel Silver Tel: 561-274-8153
278 E Coral Trace Cir Fax: 561-243-1390
Delray Beach, FL 33445 Cell: 561-929-5799
Resume
Education: High School Diploma at Sequoia High School Redwood City, California
as Exchange Student rrom Gennany in 1960
High School Diploma at Fritz Karsen Schule in Berlin Gennany in 1963
Graduate rrom Law Academy in Berlin in 1966
Administrator of Justice rrom 1966-1985 working at the Court Houses in
Berlin, Essen, and Essen-Borbeck, Gennany
Real Estate Schools in Maryland, Washington DC, and Florida
Graduate ofthe City ofDelray Beach' Residence Academy in April 2004
Participant in the Leadership of Delray Beach 2004/2005
Licenses: Associate Broker in Maryland license #81131 since 1985
Realtor in Florida license # 60690952 since 2000
Certified Residential Appraiser in Maryland license# 7102
from 1991 until 2004
Notary Public in Maryland rrom 1986 until 2001
Notary Public in Florida since September 2003
Certified International Property Specialist since 2004
Fair Housing: Member ofthe Fair Housing Committee at the Montgomery and
Frederick Association of Realtors 1990-2001
Chairperson for the Fair Housing Committee in Montgomery County
in 1995
Member of the Interagency Fair Housing Coordinating Group 1995-1997
Washington DC HUD Task Force member for Fair Housing
Voter status: I am a resident alien in the process of applying for my Naturalization
looking forward of becoming a registered voter.
Membership: Greater Delray Beach Chamber of Commerce
(Chairperson for 2005 for the Ambassadors and Chairperson for a
Leadsgroup)
Gennan American Chamber of Commerce
International Business Council of Palm Beach County Association of
Realtors
Membership Committee of Certified Residential Specialist (Chairperson
of the Florida Chapter)
Elected Director of the Board of the Coral Trace HOA for 2005
Â6il:~:t.£ ~]---O~
-----------------
Christel Silver Date
ul 05 05 03:28p Harve::l Starin 5612436087
- - - .. - ---........ p.2
OEUAY BEACH I{lJ Ul
. . ... .. 4 . ... â;cz/ ~ß¿PI
*......
AII~City CITY OF DELRAY BEACH
"II'!
BOARD MEMBER APPLICATION
1993 Î-. -L:;¿Þ?73 7-/-,D1
2001
Pla.s~ infonxntioa.:
1. Last N2lIle: 5ifVè/~ Name. I yeæ-Y
2. Home Address: C
?;;.Ç-q D rn./ «- A'- S (.,.J ß- Y Ity D --:ì(Z {t<-/'
3. Le.g.tl Residenc.e.: City
ç ÆŸI1-1 é
I 4. Principal Business Add1:ess: City SCltc Zip Code
~<:; I 5 c hlMf -:;tlú f ])G-Z~ Be-;/- f-c 33L(f-J
S. Home Phoue.: Business Ph.one: E-Mm Ad<ùes;¡: Cell Phoae.: P2JC:
~ 4- (-;).. 1 J- '(Þr ~ M. sto-V"119/1lJ~lj çG !..¿?(-{)9oJ Ç"& /idy{-(dj f?
6_ Axe you ~ r.egistaed vote.r:? "E{ If so, wh(;.[e ace you ¡:egisteted~ j) f;-t/2¡f 7 ~(£.
~ :j e
7. Wh1t Bo1td(s) ue. you inte.restcd in scr:vifig? PI~c li,t in ordcr of p~feren.cc:::
'PG¿ltf) ¡J/~e ,4¡0D 2.-Ò}./ {,Ai Ú
8_ List:ill City Bauds 00. which you ar~ cuucudy st:rVing or Inve pccviously secvcd: (Pi~e ìncludc d1tc::s)
6/tfl Ð Gç AD Ju~í m é..;J v}cé C
9- EducatiotW. qu.ilifiØäODS: c:~ tva
IH tê:YL- ðu j) tift Æ-T /:::-r IU E,A./TT
cí4-- Ò '}\l.
to. List 2n4' [ebtM profe.ssion:z.l certifications ~Dd licenses wbich YOI1 hold:
L- L ( U,.Ai )' (:;~ R t:'Y-\--L 6f <' ¿&y.?
_ (u_~ Coþl;"5-r G V i¥'Þ CfYP-m-l - ff1 ð<; Tctz çe> -rz>µt'"
11. Give youe prescnt, or most reaat employer. :wd posìtio~
p éLf C~;J P {2.b P cX2 TIt::" f ßf?6IC-b1Z-- /tS{6C I~
12. Desaibe ccpeåcnces) skills oc lw.owlCdgé which qwIify you (0 SCC'fe. all tb.is baud: (plc:ase atbch '" brief resume)
5 c:'lE It tí A C ¡.¡---CD
e btcrnc:nts:ace true. ~d I -agree and undcc¡tlnd dut-any tIÚS:;b.temcbt of nutcri2l &ct¡:
c;¡use fodcitucc upon my put of ;any 2.ppointment I III:l.Y c~eivc..
7- {-dðv >
D^-TE CE'V~D
Notc: This ~ppliC2tion will rem:ùn on file io. the City CIedès Office for 2. period of 2 yeus £rom the øœ iù"tff
subrnitt.ed. Ie will be the ~ppIíCatl£'s responsibility to ensuic:: thae a çUII'c:nt :a.pplic:a.tioa ~~
C\T'f c~u)~
ul 05 05 03:28p Harve~ Starin 5612436087 p_3
--
Attachment to Section 12
City of Delray Beach Board Member Application, July, 2005
I believe I am qualified to serve my city on the Planning and Zoning Board
because of my professional experience, my commitment to seeing our city grow
and prosper in an orderly fashion, and my belief that the needs of all our citizens
should be served in a fair and compassionate manner.
As current Vice Chairman of the Delray Beach Board of Adjustment. I have
learned a great deal about the way our City operates and the role of a Board
Member in assuring the balance between our residents' needs and our Citys'
regulations. As a resident and homeowner for over seven years, J am committed
to supporting a balance between our need for growth and development and our
desire to maintain our rich cultural heritage. I believe that opportunities for
growth and development should reflect and support both our city's history as well
as our need to supply all our residents with a wide range of housing, educational,
employment and entertainment opportunities.
My previous corporate experience as a senior executive in the high technology
industry enables me to understand the impacts of budgets on growth and gives
me the ability to make the sometimes hard decisions required to balance "needs"
with "wants." As a manager familiar with strategic and long term planning I
understand the need for implementing orderly and controlled processes for
viewing a wide range of requirements and the benefits of consistency in any
review process.
J feel a strong commitment to seeing our city grow and prosper. I was among the
first graduates of the Delray Beach Resident's Academy (November, 2001) and
found the experience both educational and inspiring. I learned a lot at that time I
promised myself that I would be back to take a larger part in making our city one I
was proud of. As a resident I take pride in "my city" and do all I can to show that
pride by attending events and taking an active part in city business. I have
attended numerous Commission meetings and learned a lot about the process of
how our city government operates. Now I feel it is time to give something back
and participate in a way that will have an impact. Instead of just talking about
what happens, I want to volunteer to help make things happen.
Finally, I believe the needs of all our citizens should be served in a fair and
compassionate manner. The many boards in our city are charged with
implementing the rules and procedures by which we live. Rules make our
society orderly 9nd allow opportunities for all to live peacefully and in harmony.
Yet I believe those rules should be enforced with an eye toward the end result
they were intended to achieve. As such they must be dealt with in a fair,
responsible and compassionate manner that allows all city residents to enjoy the
city's benefits and its opportunities.
ul 05 05 03:29p Harve::¡ Starin 5612436087 p.4
HARVEY D. STARIN 3596 Admirals Way, DELRA Y BEACH, FLORIDA 33483
TEL 561-272-1665 - FAX 561-243-6087 - EMAIL: hstarin@aoLcom
Strong Team Player With Diverse Skill Set
Focused On Results & Customer Satisfaction
· Extensive expenence m buildmg, coachmg and vvorking on high perfoffi1ing teams
· Strong executIve customer service skIlls.
· Highly orgamzed tIme manager, adept at balancmg multiple competmg objectives.
· Excellent wntmg slalls. from compelling correspondence to clear concIse reports of complex information.
· SkJ\led at creatmg realIstic and executable business plans
· Skilled presenter, wel1 versed m developing high Impact presentatIOns.
· Vice Chamnan, City of Delray Beach Board of Adjustment
· Delray Beach ResIdents Academy, FIrst Graduating Class
· Licensed Real Estate Broker
· PresIdent, Pehcan Harbor Homeo\',11ers Association
EDUCATION
BS, AdvertIsing and Marketing, University of Florida
MBA, University of Florida
ExecuÍlve Leadersbip Program, Kellogg School, Northwestern University,
PROFESSIONAL EXPERIENCE
Senior IVlarketing Executive
Experienced in Marketing, Strategic Planning, Business Planning,
Human Resource Management and Operations
2003 - Present: Licensed Real Estate Broker, Associate, Delra" Beach, Florida
1999 to 2001: E-exhibit.com. Boca Raton, FL
Co-Founder and President afIntemet Busmess-To-Busmess e-cornmerce startup venture \"lth responsIbIlity for all
ac[IVlhes associated "..nth creating and building the tust Intemet "VIrtual Trade Show." Left the busmess following merger
1997 to 1999: Lucent Technologies New Ventures Group. Murray Hill NJ
General Manager - PersystaDt Technologies: Created and launched a new Lucent Internet startup venture for the
delivery ofmteractive training ove£ the Internet. Created the vision for the company, directed software development and all
customer related actlvitie.s m the multibillion-dollar adult learning, corporate training market space
1993 to 1997: Lucent Technologies & AT&T, Baskin!! Ridge, NJ
General Manager - Learning 'Yorks: Created and brought to market the Lucent Technologies "Learnmg Works"
ITIreglated solution busmess to address the multibillion dollar Opp0Ittll11ty in applymg high teclmology to the traimng and
educatIOn market
Director or MarketiDg and Strategic Planning: Created and coached the teams that delivered high Impact customer
applIcations to support penetrahon of visual communications products and network services among large business
customers
Other Experience:
AT&T and Bell System as Product Marketing Director, State Director of Human Resources, and Branch Manager
H('~1 IMAò:¡I:.TI;:: [;;ô;:A F<APN (FRI)FH lï3 ~oür; 11:44/q.l1:4VN'!.f,:-(60Ü1ZÜ4~1 F' L
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AlI-AnBtcaCItJ CITY OF DELRA Y BEACH
" III!
BOARD MEMBER APPLICATIOIECEIVED
1993 FEB 1 ß 2005
2001 c1-1 ¡~01
infonnation: RK
L M.LS
2. Home Address: Zip Code
05-C- Lð ç
3. Legill Residence: {-5 A71 E ) Zip Code
4. Princtpal Business Address: City State Zip Code
.:JÃ1a"'jl:S-'/"l..( :r;,~1 .t~J FL >J' 7' <¡J 7
o~ , '" .f- ¡-( ðð.tC- .
5. Home Phone: Business Phone: E-Mail .Addrcss: J:ax.
5& (-3¿;-O -- &;¿g;;l... 50 f- ç~ 1-~9?CJ 5'+6J~, +(..£kr-~/:n SZ>I-Cftr /-(gr¡7ô
6. Ace you a cegist:eIcd voter? (<S
7.
8. ds 011 v.:hich y~ are cl1aendy secvìng or :vc prcvioll~ly served: (pI01sc include dares)
l' .. ~
\
9.
11.
12. Describe experiences, skills or -
. .
nts are true, and I ~gree and understand that any misstatement of rnatcrÏ1l1 faces
forfeitlJre \.Ipon my Inrr of any appointtnenc I may:receive.
;;<--/<6 -- ðS-
51 D.'\.TE
Ño[e: This application will remain on file in dIe City Clerk's Office for a period of 2 years from me date it waS
:!ubmittcd. h will be the applicant's rcspolls.ibility to ensure that a currcnt application is on file. .
S\CITYÇU!RJ..."\DOAlt.DVJ'ruc...-rI()N
.
FR('M I M,AJi I 'q I (:::; [I"]·' A R ïH '-·N (FR I )FE£< 18 2001) 11: 4C;/ST. 11: 4:I/W'. 6:'¡60n1 2049 F' .,
.1
George Stephen (Steve) Thacker
U03-C Lowson Blvd, Delray Beach. FL 33445
561-350-6282
Career Objective
Poshio" ill Enterprise Re.$ource Planning & Managemenr with a progressive organization
offeril1g advo~menl oppa/"CunÍlies based on ochÚ!vement and re.mlts.
Summary of Qualifications
· Twenry years of ~rü.'J <:e in all aspect.. of commt.l.IJ;calÎons and marlœtingfor the
telecol'rUl'lunicalions indlSstry.
,
· High~v motivated, results-oriented profe.1..fÙmal with broad background ;n teryitOlY
develQpment, account/project management. with a/ocus on the ForrflU(~ 1000.
· DemonstraLed arwlytkal and organizational effectiveness.
· E-ccellenr. Interpersonal. communic.ation and monagerial,../dll.f,
· Proficìent in ~'oice/data/video commun;c.atiof/S and rJetwork design.
· Proven marketing e:rpertLfe with strOtl!! aptiIudefor sa/e... management
Work Experience
2001 - Present Im~l!.istics Internadonal, Inc. (formerlv Pitnev Bowes Office Systems)
lVadOnalAccountAlanager
Digital Me-ssaginglDQcument Proces;rlng & ERP Managed Services Solulions Pro~'¡der;
Cyoress K'JO......ledCe ware SollStÙ.J1'JS. Partner: OEMs include U¡'wlJa. ~ .,
Panasonic. Toshiba. Sharp. & HeideJberv amo"g others. Designed & engineered enterprise-
wide digital printillg & publi:;hing solution,f, color printing and xaltnin.g, dc.rktop prlblishillg.
desktop faxing. and ulIljled nli!ssaging solurion.f (LirhtnínlJ Fax). Nacional accow,t .vales
management, while mllinlainÙ'g !JM e.xisCing account ba.se. Summic Club 2003. Cla.\'.\ic
Leadership Confere'lCe 2004. Ranked 30Ú nationa/~v.
19'9 - 2000 Norstan Communications. Inc. ','
Account Manager/Cummunications Consultant
+ Technology Solutiuns and Services Provider; Project Managed converged Voice/DllIolVÙko
Fncerpri·;.e Networks. Contact Centers and Workforce Management SolUIions via fP
Telephony. Frame. Relay, Am and Unified Me.'i..wJ.ging technology.
· Partners included Lucent. AJIT. Soeccra[j"k Wirelus. Cisco SvstenJ,S. ~MCJWorldcom.
Svrinc ŒHi. SprintPCS. PlclureTel !!llil EkL. Siemens. Iwabu, Asvecr. Co"",erse. PeooleSoft,
Blue Pumkin, among muny others. .
+ Responsible for exi."'IÌ11.g cu.ftoT1U!r base. while engaging flew business.
-
----------
Fk(,M IM:1.'ìl ;,TI····; [F'" A kAT,"N ·JR I )FE[¡ 13 ¿OOC". 11 : 4C".¡.q. 11: 4·-¡/W'. 6'-;600121Ï48 F' 4
Work Experience (Continued)
1997-1999 UniDial Communications. Inc. (now Ligbtyear Communications)
Authorized Agent - GST Communkaâons. Presiknt
· Re-markeei'lg Agent/ò,. MCI-WorldCom. SJ}rint. Williams. ~ f}{S; offering wUl!-range. low-
. cose Tele/data communkaIlo"s sen'Ïcf!S co commtórdal cu:.tQfners.
· Inìtiileed Strategic Partner and Di.'ferìbulÍon Channel relatìon:,·J¡ips.
· MaTUJged inaugural regional sales operacion..v.
· PRESIDENTS CLU.B
1995 - 1997 LCI Internadonal. Inc. (now Qwest Communications)
National Account Manager
· RMpnl1!.ih/efor generating new revenue while mllÌntoining exisring 4 million dollar base.
+ .Managed Natio11al Accmmt SupPQrr Team. which .vupported existing accounLf.
· Project managed the design. enginl!.f:'.dng. and il'L.uallalimr of voice. dala, and video networks.
+ Managed re:.pon3es to RFQs and RFP.f,facilitaling Executive Presentatwns to Senior
Executive,)' ofFonune 500 ccmpanies.
· PRESIDENTS C.1RCLE Award - 1996.
Thomas & Betts/Nevada Western. Berk-Tek
1994 - 1995 Manufacturers Representative, Oalc Hill Marketing
· Responsible for marketing PremÎ3e Wiril1g Systems llnd CommulIicarion.f Cable 10 exù·ting
Di.flrilmtors while gen~rating flew reVC1/ue;! wit/¡ Contractors and End-users.
Data Processim! Sciences. Corp.
1989 - 1994 Regional Repre~'(!ntat¡ve
· As Ðaw-communications C..rm.fultant. responsible for design. prOCUI'ement. and
implementation Qf Integrated Wide Area Nefwo,-k and Local .4.rea Network :!Iolutio1Lf a1ld
products.
· }.{a1laged national territory of ass()Çiate brokers. dislribuwrs a1ld eu.ftomer bæJe IYhi~e
genp.raling new business.
+ Repre.rellled aver 50 dtjferenc manufaccurcD' afnelwork s..v$eem,{. data co"IIJllmic.ations
hardware and I'elated software.
Republic RoUer CorD. (formerly Dayco Rubber)
1988 - 1989 Account Representative ','
· Marlæled custom rubber roller recovering sen';ces to the prinlÎlIg, paper mill. metal t ·e.ating.
lamìnllting and relaced índustrie..v.
1987 - 1988 Interactive Commu.nicatJon Svstems. Inc;.
Account Representative
J · Re-markeeed data communkalions hardware and software (terminal emulatiol. and jiIe
lransfer) fQr IBM. DEC and UnisyslBurTough.f Mainframes and mQse UN/X Sy.nems. Partners
indutkd K:£. Attachmale. ETMra/d. ß.umllg., and BLAST.
FR':'M IMA~I~TI~~ B~~A RAT~N (FRI)FEB 18 2005 11:46¡.n.ll:0/W'.6:360012û49 F- e;
Work Experience (Continued)
1935 - 1987 Automatic D.ta Processinll.. Inc.
District Manager
· Responsiblefor Marketing dara processing sen'Íce.'i and software.
· Supen.Ì!õed Account EXl!.c/iti'\Je$ mul Client Sen'íce Represlrntatives
1983 -1985 Pitney Bowes. Dictaphone Corp,
Senior Account Executive
· Responsible/or Major Account MarJæringfor dictation and digital voice communication
SYSlems. CHAIRMANS CLUB.
Education
1975 - 1981 University of Cincinnati
ß( che/or of Fìne Am' Degree. Broadcast ColftlflunìcøfÌo1fs
· Alpha EJ1silon Rho Fraternity
'I
Professional memberships
· Tri-Slale Technology Å,'i.5ocÎation, Vendor Ûlmmictee
· Advertising Cluh oj Cincinnati
+ RlJtary I,,'t:rnatiorwl
, ..
Community activities
· Boy Scows of Amel'k'(l. Dlstria C-Ol71mÙlP.e. A.(.ort. scoutma....ter
· Knights afColumbus. FQurth lkgree ','
+ Catholk Order o/F(),.este,._~
· CmcinnaIiArlS Feslival, 'fie.., Sing Cincinnati!- Steering Commitlee
+ SPEBSQSA - Southern Gateway ChQru.... Dire<:tor of Marketing. Assl. Music Director
I
.
OURAY BEACH ~_/
. . CI . t . ...
b1r:d _1 ~, 3 -.? ~/y f
IUI-AmeñcaCity 1..' ,t._' :..
1'" J! CITY OF DELRAY BEACH ---/--1' )/ _ _ ) ::.;,
L¿"'" -L/_ : /~~l-/_....c...-..__' ~..rrJ ,
BOARD MEMBER APPLICATION J:ýff/ðfX/
1993
2001 ø'j-1-ôJ
l~e Ìnfot:IIUnon:
· Las Natne fL) J..-lÌ-
tl/~ ~
Horne ~'\d~ess: AI Û éZ.e4.d ;g L v./J Ct¿)EÆ ~ S~/ Zip Codh
¿3-/
Legal Residence: City Stlte Zip Code
~
· Princip~ Business Address: City Stlte Zip Code
/;1 gß/s-I-t2~ ~ W 3:8Y~¥
· Home PhQne: Business Phone: E-Mlli Addxess: Ceil Phone: F:.l"X:
c:l 7.2- C) 550 .fL7¡J gq/.:L
Arc you a .r:egistered voter? If so, where are you registered?
Wlut Bo:u:d(s) ace you intecested -
'-
~
List ill City Bo;u:ds on WhICh you are Cll!:rendy se - got: have previously served: (P ease include dates)
~
O. List anr [dated professional ce-rnficatÎons :and líceoses which you hold: /6~ /z..¿<-~,¿-?~ %
E - ~ /
I. Give your present:, or most .recent ernployer, and position: ~ -
~
~ ~~ &~Á
2. Describe expe.r:iences, skills or knov....edge whièh qualify you to serve on this boud; lease attach a bcief resume
~ - - X ~ - 6-
~ . ~ ~~__--.J.
/s..6~k0--~~ ~ S"Æ ~ ~?-:
~ I51- úJ.dn? - -~ ÆW f;;/~ ~~
bereby certify that :ill the above sutements are trtlc, ~d I agree and understand that any misst2.ternent of materUl facts -;:0
.onJ:ained in this a~se forfeiture upon my part of any appointment I may receive.
~ <//sþ6
;IGNA TORE DATE' -
RECEIVED
_c: Th.is applia\tÌon willt:t:main. on file m the City Cleek's Office foe 3. period of 2 yeus from the date i.t was
submitted. It will be the applicaat's responsibility to ensure that 2 current application is cA.RRe-O l 2005
S'CITYC1eltX\ß fl.D\..oJ'ruC."-71ÜN
en! ,..,.LERK
ld e¡:H:m GO /0 Jdv
.JJL -~:IS<'\.~I~IS ( TUE) 14: 22 T. Y. E. C. (FAX )SE;l 274 (1222 F'. ~:I~12/Ø(C
OilOfl/OIS TUE 11:12 FAX 5612433774 CITY CLERK III 004.
D8..RAY B&\a-t 8~/µ{J~1
... '" . ... .. . ....
bad
~CitJ CITY OF DELRA Y BEACH
'~n'!
BOARD MEMBER APPLICATION
. 7- 7-D?
- 1993
2001
PL:uc or. riDe the £0 , mfo~on:
1- úst N:a.mc :rc; Name N-'l
OtJ..Nt.A..o &> A".."o~O"'~ .r
2. Home ..ð..dd.r:c:ss: C- St:.1.tc Zip Code
. (p "3" . Lõ d'5't" Da.. LtyD~ G<U Fe.. 1344.>
3. Lcgù Resïdc:o.o:::. City $t:;¡.tc: Zip Code
-
4. P.ri.a.cip21 B~css AddI:ess: City San'C Zip Code:
112 S...:. {(:)Tf{ ~ Q.,~ ßcÆ 1$'- 33493
5. Home PhOD.e:: 'Bw:in(:S.S Phone: E-Mlli Addttss: CeO. Phone::: Far
S<'l-~'- 44-c3 ~~1~274' 0 J()Qt<.~ ($(.;F, A. "lIZ- ZGoc4-' 1.'1.4..-022 +-
6. &c you Ã. .r:egis£C::I:ed vota:? 1'03 If so. where: a.t'C you ~tt::rd? A (,...¡ .
, '/0 ~Gll ~
7_ What B<md(1I) ~ you Ìntc:t'CSœd m serving? Plc:uc list in. order o~ I?œ~cc;
Pi4~--< ¢ ;Øo-",I/N6 ,(j>MYZoO
8. we 2.ß Cù;r Bo:ucb on which you ;uc an:tcQdy serving oc b:i.ve: p~sly sc:rTeæ (plc=c ïadudc: chu::;)
~ 61-v~ ;:;fOAl z¿7OZ rd/to- ~4-
9. Edl.lc:año~ ~!Îons:: ~~.4¡U3c.. ;&;4lA.
. S. á~""-q"4?'Z~~
.
10. Ust.4D..y [cb.tcd pJ:ofessioD.2l c.a:ti6ca.tÏoas ~ licenses which you. hold: SðVf;/ ~~¿IÞ'O
fá5 ~ '- ¡PV6.y'~ - ß.. /'"
'12. Dcac:åbe expa:îœc=. skiIb Ot' ~ whim qwùí!yyon to se.crc 0/1 this board: (plcue 21%Zch 11. boo ICS"UDlC)
- A4~ /,,/ <3?V"&-~/ ,,~
I hadJy caåfy rlnt..n. the:. 3I;»ovc. SCLCcm~ ~c true,. :Lad I ~gtec :and uadt:atwd tbsc UJ.Y œi:s:tata:nc:nc of .m2.ta:Í31. &as
co.Þi=I ~ãoo. r=y <>use fo"",""", upon my P"é.' of my .ppoi=n=' I ""9' <"""""- RECE'V 0
C ~ .' 7-<$"-2)¡-
SIGNAiUIŒ DA"Œ. . . JUl'O 7 2 5
Nocc:: This 2ppIJ.c:ation ,¿n x:caWn. on. file ÏJ:I. th..G U1:Y aalrs ?ffice fou. paiod of2 ~ from the date it W2B E RK
submìctc:.d. It -will be:: the 2pp1icxnè:l ~C8ponm'"bilit;r to alSUic' du.t: -a. cucrcnt. zpp1ic:a.ãon is~ON
.
.JUL -tJ:'-~~I~1S( TUE) 14: 22 T. Y. E. C. (FAX)SI~;l 274 t¿C'22 F'. Ø~(VØ~(;
ANDRÐNJ.YOUNGROSS
636 West Drive
Delray Beach, Florida 33445
(561) 276-0274
EPjJCA TIO.N;
8183 . 5/86 Florida Atlantic University. Boca Raton. Florida
Bachelor of Science. ElectrIcal Engineering
8f76 - 5/78 Broward Community College. Coconut Creek. Florida
Associate of Arts Degree
/1E..GJ$j.BAIlOJ§; E.I.T. - October. 1991. PE Georgia 1997, PE Florida 1997. PE Alabama 1997.
California 2002. Virginia 2002. South Carolina 2002.
£MeJ..OXMENT:
March 2004 0 Thompson. Youngross Engineeñng Consultants. LLC, Delray Beach. Florida
Present (561) 274-0200
As a principal of Thompson, Youngross Engineering Consultants. 1 oversee the
Electrical design documents and coordinate all work in the office. I continue to
perform site investigations, meel with clients and design electrical and mechanical
systems.
September 1999 - Youngross. Cardenal & Associates. Consulting Engineers LLC, Delray Beach,
March 0 2004 Florida. (561) 276-0274
President
A~ril 1998 . Youngross & Associates, Consulting Engineers, Delray Beach, Florida (561)-
2 6· September 1999 0274
President
As president of Youngross & Associates. I oversee all design documents and
coordinate all work in the office. I continue to perform site investIgations, meet
with clients and design electrical and mechanical systems.
August 1995 - R.A. Kamm & Associates, Inc.. Boca Raton. Florida (561)-995-8636
Apnl 1998 ProJect Manager, Principle
My responsibilities at R.A. Kamm & Associates included. site investigatIon of
eXisting as-built conditions. construction cost estimation, power distribution
design, stand-by power generalion, power studies, submittal approvals. lighting
calculations and layout design. design of automatic fire alarm and smoke
detection syslems, and field Inspeclions. Other responsibilities included project
management and electrical department head.
July 1988 - Blakely-Ward-Stuckey of Florida, Inc., Pompano Beach, Florida (305)-781-8422
August 1995 Design Engineer
My responsibilities at BWS include, site investigation of existing as·bUllt
conditions, construction cost estimation. power distribution design. stand-by
power generation, CAD Maintenance. power studies. submittal approvals. lighting
calculaÌlons and layout design. design of automatic fire alarm and smoke
detection systems. and field inspections.
June 1986 . National Security Agency. Fort Meade. Maryland
July 1988 Project Engineer. Design Engineer
Leadership Communications Systems Department: Digital hardware design
engineer tor a digital desktop telephone. The stUd~ and implementation of various
encryption modules for use in microprocessor app Ications.
Office of Faculties Engineering: site investigation of existing as-built conditions.
construction cost estimation. power distribution design. load center sub-stations.
CAD drafling. power studies, design of automatic fire alarm and smoke detection
systems. lighting design and field Inspections.
~££IL/~nOJl.$; NFPA. FES. IEEE
HOBBIES: Gotf. Remote Control Model Airplane building and flying. Chess
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # \oA. - REGULAR MEETING OF JULY 19, 2005
ORDINANCE NO. SO-OS (DESIGNATING THE SEWELL C. BIGGS
HOUSE AS A LOCAL HISTORIC SITE)
DATE: JULY 15, 2005
This ordinance is before Commission for second reading and public hearing to designate the Sewell C.
Biggs House, located at 212 Seabreeze Avenue, to the Local Register of Historic Places.
The Sewell C. Biggs House was originally owned by Sewell C. Biggs, a person important in preserving,
conserving, and promoting American fine and decorative arts. The style of the home is a design
unique to Delray Beach and is the artistic work of an architect who was a leader in the 20th Century
American design field. It is also the only Paul Rudolph designed building in Delray Beach and lS
representative of 20th Century regional modernism tailored for the Florida environment. Further, the
house is an example of the skill of the Sinks Construction Finn which built some of the best surviving
historic buildings in Delray Beach. Designating this site as historic will help preserve the character of
the extant historic dwelling and will promote the preservation of other surrounding historic
properties.
The Sewell C. Biggs House is being considered for listing in the Local Register of Historic Places for
historical significance under the criteria listed in Land Development Regulations (LDR) Section
4.5.1(B)(2)(a), associated in a significant way with the life or activities of a major person important in
city, state, or national history; LDR Section 4.5.1 (B) (3) (b ), embodies those distinguishing
characteristics of an architectural style, period, or method of construction; LDR Section 4.5.1 (B) (3) (c),
historic or outstanding work of a prominent architect, designer, landscape architect, or builder; LDR
Section 4.5.1(B)(3)(d), contains elements of design, detail, material, or craftsmanship of outstanding
quality or which represented, in its time, a significant innovation or adaptation to the South Florida
environment.
The Historic Preservation Board considered the historic designation at a public hearing on June 15,
2005. There was no public testimony. The Board voted 7-0 to recommend to the City Commission
approval to list The Sewell C. Biggs House in the Local Register of Historic Places.
At the first reading on July 5, 2005, the Commission passed Ordinance No. 50-05.
Recommend approval of Ordinance No. 50-OS on second and final readtng.
S:\Cìty Clerk\agenda memos Ord 50-05 Sewell C Btggs House HIStoric DesIgnation 071905
---- -~
~
. '\
¡------ - --..-.. --.. .. -- ----- .... -- . - .- -. J
CITY COMMISSION DOCUMENT A TION
--D~wp~D . -.------
TO: CI MANAGER
THRU: PVMDIRE OR OF PLANNING AND ZONING
FROM: W A , HISTORIC PRESERVATION PLANNER
SUBJECT: MEETING OF JUL Y 5, 2005
REQUEST TO INDIVIDUALL Y LIST THE PROPERTY LOCATED AT 212 SEABREEZE
AVENUE (NORTH END OF SEABREEZE AVENUE) TO THE LOCAL REGISTER OF
HISTORIC PLACES.
,---_.. - --- . -.. ----- - -...--- . n_ - - ..- - . .- I
BACKGROUND I ANAL YSIS
The Sewell C. Biggs House (212 Seabreeze Avenue) was originally owned by Sewell C. Biggs, a person
important in preserving, conserving, and promoting American fine and decorative arts. The style of the
home is a design unique to Delray Beach and is the artistic work of an architect who was a leader in the
20th-century American design field. It is also the only Paul Rudolph designed building in Delray Beach
(although Rudolph designed many Florida homes and buildings) and is representative of 20th-century
regional modernism tailored for the Florida environment. Further, the house is an example of the skill of
the Sinks construction firm which built some of the best surviving historic buildings in Delray Beach.
Designating this site as historic will help preserve the character of the extant historic dwelling and will
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 212 Seabreeze Avenue is
being considered for listing in the Local Register of Historic Places as it fulfills four 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 [LOR Section 4.5.1 (B)(2)(a)]; it embodies those distinguishing characteristics of an
architectural style, period, or method of construction [LOR Section 4.5.1 (B)(3)(b)]; it is a historic or
outstanding work of a prominent architect, designer, landscape architect, or builder [LOR Section
4.5.1 (B)(3)(c)]; and, it contains elements of design, detail, material, or craftsmanship of outstanding
quality or which represented, in its time, a significant innovation or adaptation to the South Florida
environment [LOR Section 4.5.1 (B)(3)(d)]. Additional information concerning the proposed individual
designation can be found in the attached Designation Report.
[ . 'I u' --..- .-..-.-------.... .-- -.. -..--.. ..--- ... --- ---.. .. .....- . - I
HISTORIC PRESERVATION BOARD CONSIDERATION
At its meeting of May 4, 2005, the Historic Preservation Board (HPB) conducted a formal review of the
designation report and set a public hearing date for the designation of the subject property for May 18,
2005. However, as the applicant did not submit the required names and addresses of property owners
within a 500' radius of the property to meet that deadline, the public hearing was held on June 15, 2005,
when the HPB voted unanimously (7-0) to forward a recommendation of approval to the City Commission
to list the Sewell C. Biggs House (212 Seabreeze Avenue) in the Local Register of Historic Places.
r-' - - __u .... ...---...... -. --- . ..__n - .. -- .- -..-- I
RECOMMENDATION
-
Move approval on first reading of Ordinance No. 50-05 that the residence and associated property at 212
Seabreeze Avenue (The Sewell C. Biggs 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. Ordmance No 50-05 and Designation Report
\~^
ORDINANCE NO. 50-05
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, DESIGNATING THE SEWELL C.
BIGGS HOUSE, LOCATED AT 212 SEABREEZE AVENUE, AS
MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL
HISTORIC SITE; PROVIDING FOR THE AMENDMENT OF THE
"ZONING MAP OF DELRA Y BEACH, FLORIDA, APRIL 2005";
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, Erskine H. Courtenay and Virginia W. Courtenay, 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 June 15, 2005, the Historic Board of the City of Delray Beach
recommended 7 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 Defray 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:
Lot 21 and the West 35 feet of Lot 22, Delray Beach Esplanade, according to the
plat thereof, as recorded in Plat Book 18, Page 39, Public Records of Palm Beach
County, Florida.
Section 3. That the Planning Director of said City shalt, 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 50-05
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Designation Report
Historic Preservation Board
Delray Beach, Florida
The Sewell C. Biggs House
1
Table of Contents
I. GENERAL INFORMATION
II. LOCATION MAP
III. NOT APPLICABLE
IV. HISTORICAL AND CULTURAL SIGNIFICANCE
V. ARCHITECTURAL SIGNIFICANCE
VI. STATEMENT OF SIGNIFICANCE
VII. BIBLIOGRAPHY AND SOURCES
VIII. ATTACHMENTS
Report Prepared By:
Dorothy W. Patterson
1206 NE Second Avenue
Delray Beach, FL 33444
(561) 278-2191 (home)
274-9578 (Archives)
717-3425 (cell)
E-mail summerpatt@earthlink.net
Date of Report: April 20, 2005
Name of Owners:
Erskine H. and Virginia W. Courtenay
212 Sea breeze Avenue
Delray Beach, Florida 33483
2
--
I. General Information
Address
The Sewell C. Biggs House, named for its original owner, is located at 212
Seabreeze Avenue within the city limits of Delray Beach, Florida.
Legal Description
Lot 21 and the west 35 feet of Lot 22, Delray Beach Esplanade, according to
the plat thêreof, as recorded in Plat Book 18, page 39, Public Records of
Palm Beach County, Florida.
Location
Lots 21 and 22 are at the end of Seabreeze Avenue. A driveway at this
point leads to the front entrance of the Courtenay home. The lots are
bounded by Lot 26 of Ocean Breeze Estates on the south and Vista Del Mar
Drive South on the north. At the time of construction in 1955 the front
entrance faced Vista Del Mar Drive South. This area is on the barrier island
between the Intra-coastal Waterway and the Atlantic Ocean.
Zoning
Single Family Residential
Classification for Designation
We believe that the Sewell C. Biggs House, designed by esteemed mid-
century modern architect, Paul Rudolph, meets the criteria for both
architectùral and cultural significance for the reasons described in the
following pages of the report.
3
II. Location Map
To be provided by City of Delray Beach.
III District Inventory Not applicable
4
IV. Historical and Cultural Significance
Before 1895 the lots where the Sewell C. Biggs House is located were part
of a semitropical wilderness between the coastal ridge and a swampy
morass. Less than two blocks away from the lots the coastal ridge begins.
The first construction known in the area was the Orange Grove House of
Refuge built by the U.S. Life Saving Service (precursor to the Coast Guard)
in 1876. The former site of the House of Refuge is a short walk from the
Briggs House.
The Refuge keeper's son, Charles Pierce, described the land around the
Refuge House as follows: The house... was built on a broad flat that ran
back from the open sand beach to the higher ridge behind the house.. .At the
Orange Grove it was covered with a thick growth of saw palmetto. The flat
was covered with sea oats and scattered bunches of stunted seagrape and
cocoplum. This flat extended north two and one-half miles and ended at the
caves; to the south it stretched for nearly four miles... To the west,
commencing at the foot of the palmetto-covered ridge, was a deep swamp of
tall sawgrass with numerous small channels turning about its eastern side.
The morass was about half a mile wide and extended from Lake Worth to
Boca Raton; west of it were pinewoods reaching back as far as one could
see." The Pierce family encountered deer, bear and heard panthers
screaming in the night. They killed the bears for food.
After settlement by Americans of European descent began, the area was
used for farming such crops as strawberries, pineapples, mangoes and
tomatoes. Beginning with the mid-1920's Florida Real Estate Boom, the land
became more valuable for residential housing, Or as Adolf Hofman said in
one of his letters home to Germany, "Since Delray is growing and the lots
fetch colossal prices, I will divide my land between canal and railroad into
lots." One of first the farmers in the area, Adolf Hofman developed the
Ocean Breeze Estates subdivision adjoining Delray Beach Esplanade, in
1937.
Local attorney Ernest Simon recalls that in the late 1930's and early 1940's
when he was delivering the Defray Beach News on his bicycle, there were
only a few houses in the area. Delray Beach Esplanade, the subdivision
where the Briggs House is located, was platted in 1938 by H. H. and
Charlotte Wellenbrink and Williard and Billie Waters. The Waters were
5
well-known in Delray Beach. Wiiiard Waters was a building contractor who
had graduated from Delray High School. His family lived at 222 N. Ocean
and farmed land on the barrier island in the early years of the 20th century.
Waters was also active in city politics and civic clubs.
After World War II, building in the neighborhood began in earnest. Tom
Woolbright, who went into the building business for himself in 1949,recalls
spending the 1947 hurricane in a house in the neighborhood. He said the
area was pretty well built up by then and that Willard Waters built many of
the houses. Mr. Woolbright remembers that H.H. Wellenbrink was "the
money man" who paid for improvements such as building roads, filling land,
and paying engineering fees for the plat.
Roy Simon, native of Delray Beach, was an apprentice architect in the 1950s
for local architect, Ken Jacobson. He recalls that Vista del Mar (Delray
Beach Esplanade) was fairly built up by then. After he saw the Paul Rudolph
designed house under construction, he and other architects were
enthusiastic about the chance of designing contemporary housing. However,
he said, "I seemed to keep drawing nice cottages." There were many
important clients for houses in the neighborhood such as CEO's of nationally
known corporations, famous professional golfers and prominent Delray
Beach citizens. The clients loved the smallness and "laid-back" atmosphere
of Delray Beach. But evidently they did not have the artistic sensibilities of
Sewell C. Biggs and did not request avant garde contemporary designs.
James Sinks, a local building contractor, constructed architect Paul Rudolph's
design. According to Ernie Simon, Sinks had a reputation for being a "good
builder." Jim Sinks father, Irwin J. Sinks, was also a builder originally from
Champaign, Illinois. During World War I he went to work for the U.S.
Government and was sent to Charleston, S.C. to build soldiers' barracks. In
Charleston he roomed with Fred J. Schrader from Delray Beach. Schrader
was the first builder in Defray with architectural training. He came to town
in 1911 and built the town's first jail, the Cromer Block on Atlantic Avenue
and the original part of the Presbyterian Church on Gleason Street.
Schrader encouraged Sinks to come to Delray. In 1922 after another
assignment in Miami, the Sinks family moved to Delray.
The Sinks, father and son, quintessential Delray builders of their time, had a
long record of building in Delray Beach. The elder Sinks built many of the
structures on or near Atlantic Avenue such as the Masonic Building, the 1926
6
High School, the Wuepper Building, the Casa del Ray Hotel, and the Arcade
Building. Jim built the Atha Building which replaced the Cromer Building.
Laura Sinks Britt said in her book, My Gold Coast, "My father had become a
builder of more structures on Atlantic Avenue than any other one contractor
and Jim added his score."
Today some of the "nice cottages," which fit gently into subdivision-sized lots
on the short winding streets of the neighborhood, are being torn down to
make way for large estate style homes.
At present we do not know the exact circumstances of how Sewell C. Biggs
came to build a house in Delray Beach and chose Paul Rudolph as his
architect. He has been described as "enigmatic" and not easy to know. A
biography of his life is in the process at this time. The curator at the Sewell
C. Biggs Museum in Dover, Delaware, said Biggs owned the house about six
years. The Delray Beach City Directory lists him as the owner at the address
for about nine years. Randy Grover, the curator, was asked to present a
retrospective of Biggs life to the museum board when Mr. Biggs died
suddenly in 2003 at age 88. Grover said he felt that the story of the house in
Delray Beach was a high point of his presentation. The reason for this was
that Biggs was known for his collection of 18th and 19th century American art.
The house signaled the beginning of a turn toward the 20th century. In fact
Sewell Bigg's vision was for his collection to cover the entire range of
American art.
Sewell C. Biggs, a northern Delaware native, graduated from the University
of Delaware in 1938. He also attended the University of Virginia Law School
and studied architecture at Harvard, Oxford, and Cambridge Universities. In
1937 he took a trip around the world that had an enduring impact on the
rest of his life. After the trip he was interested in international exchange and
began to sponsor foreign students for one-year scholarships at the University
of Delaware.
A serious collector of art, he was also involved in historical preservation and
art conservation. Biggs collection of American fine and decorative art has
been described as "elegant, wonderful, pristine, remarkable, impressive, and
an incredible journey ranging from Colonial portraiture to the Hudson River
School." With his vision and eye for quality, Biggs spent most of his life on
his American art collection. In 1998 the Biggs Museum of American Art
opened in Dover to house his collection which includes Delaware and
7
Delaware Valley fine and decorative arts. The 14 galleries of the museum
contain a collection which covers more than 200 years of American fine art
and decorative art gems. That same year Biggs established the Sewell C.
Biggs Chair in American Art History at the University of Delaware. The title of
an exhibit at the Biggs Museum of American Art says it best --"Artful Living:
The Legacy of Sewell C. Biggs."
Mr. Biggs sold his house at 212 Seabreeze about 1970 to a New York lawyer
and his wife, Richard and Alice McAvoy. Evidently the McAvoy's did not have
much time in the house because a Webb Brothers Real Estate information
sheet is headed Estate of Richard McAvoy. (See attachments) Reference
No.2 on the sheet cites a merit award, medium house class (600-2800 sq.
ft.), given in June 1959 by House & Home,-an architecture magazine.
The fourth and present owners of the house, Virginia and Erskine Courtenay,
bought the house in 1973, Well-known Delray Beach Realtor, Pat Patterson,
showed the house. Before becoming a real estate salesman for Ben Adam's
Realty, Patterson was known for his pharmacy, his photography, and his
volunteer work as a ham radio operator during World War II.
Virginia Courtenay says that she "fell in love with the light, being up in the
trees, and the architecture. She already greatly admired the work of Paul
Rudolph. Mrs. Courtenay's grandfather was a builder in Chicago. She
attended the Art Institute of Chicago and has owned an interior design
business in Delray Beach for more than 25 years. Erskine Courtenay agreed
to the purchase because Virginia loved the house, and he loved her.
Paul Rudolph has been sometimes criticized for elevating style at the
expense of function and some changes had to be made for practical living.
Mr. And Mrs. Courtenay have always wanted and have strived to keep the
house as close to the original design as possible. Sensitivity to the original
design while making changes has always been an important aspect of
planning. In addition Rudolph's Florida houses had been designed just prior
to the time when air-conditioning became a standard feature of south Florida
homes. Some of the innovative design features meant to ameliorate the
Florida climate worked against the efficiency of air-conditioning. For
example, in the back of the house paneling was installed over the aluminum
louver windows because the strength of the wind blowing against the louvers
had been a problem at times, and after air-conditioning was installed, the
problems continued. The windows in the front of the original part of the
8
v. Architectural Significance
The architect of the Sewell C. Bigg House in Delray Beach, Paul Rudolph
(1918-1997), was an important influence on American modernism in the
mid-twentieth century. He was a Kentucky native and son of a Methodist
minister.
According to C. Ford Peatross, curator of Architecture, Design and
Engineering at the library of Congress, Rudolph drew on many influences for
his Florida work.
He was open to new and experimental methods of construction--
stretching structural possibilities of materials to their limit's while
celebrating their static and aesthetic possibilities, spatial richness,
complexity and inter-relationship of the interiors and exteriors...
of his buildings, their site, their natural surroundings and their
climate. His appreciation of these qualities in both modern architecture
and in the vernacular buildings of his native South had been fostered
by E. Walter Burkhardt under whom he studied architecture at Auburn
University (then Alabama Polytechnic Institute). Burkhart
recommended his student to Walter Gropius who was instrumental in
Rudolph's admission to Harvard Graduate School of Design. Burkhart
was one of the most energetic and enlightened directors of the Historic
American Building Survey, now one of the most frequently consulted
collections in the Library of Congress.
Mr. Peatross wrote the preface to Paul Rudolph, The Florida Houses. He is
well-acquainted with Rudolph's work because the architect bequeathed his
professional papers and drawings to the library and funded the Center of
Architecture, Design and Engineering there. Peatross' accolades include the
statement: "Paul Rudolph was a profound influence of the second half of the
20th century and a model of rare integrity who is being rediscovered by a
new generation." His assessment of Rudolph's Florida buildings is that the
"innovative, adventurous and elegant Florida buildings launched Rudolph's
career." Petross further finds in working with drawings of many famous
architects in the library of Congress Collections that "with the exception of
Wright; however, I have found none of their graphic works to be as
consistently daring, stimulating, accomplished, and often beautiful as those
of Paul Rudolph's drawings. His drawings convey his restless intellectual
curiosity, his prodigious spatial imagination and, in Phillip Johnson's words,
the 'speed of his mind'...Collectively, they represent a treasure chest of
10
Wright; however, I have found none of their graphic works to be as
consistently daring, stimulating, accomplished, and often beautiful as those
of Paul Rudolph's drawings. His drawings convey his restless intellectual
curiosity, his prodigious spatial imagination and, in Phillip Johnson's words,
the 'speed of his mind'...Collectively, they represent a treasure chest of
lessons, ideas, and possibilities that will speak to and inspire generations to
come. "
Christopher Domin and Joseph King, authors of Paul Rudolph, The Florida
Houses, visited the present owners in Delray Beach. The Courtenays are
listed in the Acknowledgments on page 13. The Sewell C. Biggs House is
featured in the "Independent Practice" section on page 183 where the house
is compared to the "award-winning Cohen House...(1953-1955)" on Siesta
Key. The authors' opening statement is: "While coming of age as architects
along the west coast of Florida in a landscape increasingly homogenized by
air-conditioning and prolific land development, Paul Rudolph's architecture
stood alone in our eyes as a rigorous counter-argument." Domin and King
met in the graduate program at the Georgia Institute of Technology. After
discovering their shared interest in Rudolph's work, they made their
avocation the searching out of buildings designed by Rudolph across the
state of Florida.
The authors' conclude that "Rudolph's early work in Florida over a 20-year
period was a necessary testing round for a multi-layered design methodology
of a complex career. The fact that the architect's work was widely publicized
at the time played a significant role in national recognition of Rudolph's
work. The Florida houses are an accessible entry into a formidable career.
His work is a compelling example of regionally inspired modernism. The
beautiful photographs are seen today in a bittersweet light as we are now all
too aware of what happens when a vastly enlarged population of affluent
Americans descends on all too few miles of pristine beaches."
The Delray Beach Historical Society featured the Sewell C. Biggs House as
one of the components in its "The Art of Architecture in South Florida"
exhibit in 1989. One of the displays described how orientation, sun, heat
and ventilation were addressed by the design. (See attachments)
11
house look the same even though they have been replaced.
Paul Rudolph drew a plan for an addition and approved the changes to the
house in 1980. (See attachments). However, Rudolph was not aware of the
need to raise the house 4 feet because of a new law which dictated that the
house must be 7.5 feet above mean sea level. (Flooding of the lot during
the rainy season had occurred at times after original construction in 1955.)
Local architect Bob Currie was then hired to plan lifting the house and the
addition in 1980-81. The interior of the addition matches the interior of the
original house. The original hedges, trees and landscaping remain the same.
(See attachments)
9
-
VI. Statement of Significance
The owners, Esrkine H. & Virginia W. Courtenay, wish to nominate their
property for the following reason:
"After living in it since 1973, are very much like those of the original owner,
Mr. Sewell C. Biggs. It has maintained its sense of elegance in its simplicity
and its feeling of "dateless" architecture which stands the test of time. In
1981 we raised the original house four feet to add a lower floor which now
houses a library, guest bedroom and laundry room. This was accomplished
with the collaboration of local architect, Robert Currie, who was interested in
the house for its historical importance."
The style of the home is a design, unique to the neighborhood and to Delray
Beach, of the artistic work of an architect who was a leader in 20th century
American design field. It is the only Paul Rudolph designed building in
Delray Beach although Rudolph designed many Florida homes and buildings.
It is representative of 20th century regional modernism tailored for the
Florida environment. Further the house is an example of the skill of the
Sinks construction firm which built some of the best surviving buildings in
Delray Beach. Other reasons for designation are that respect shown for the
characteristics of our property will draw attention to the need for
preservation in Delray Beach's older neighborhoods; the hope that local
designation will afford some protection for the house in the future,and to set
an example in a neighborhood being pressured by demolitions.
In summary the Sewell C. Biggs House is associated with an original owner
who was important in preserving, conserving and promoting American fine
and decorative arts. His collection spans the more than 200 years that the
United States has existed as a country. The property has been followed
under Historical and Cultural Significance in this Designation Report
throughout the entire history of Delray Beach after 1876. Further it reflects
social and economic trends in the community and is indicative of the winter
colony of artistic and socially prominent people which has existed in Defray
Beach since the 1920's. Since the house at 212 Seabreeze fits comfortably
into the history of Delray Beach, and the original owner proved to have the
"vision and eye for quality" of a major American art collector, there seems
no doubt that the house at 212 Seabreeze has historical and cultural
sign ifica nee.
12
The design of the house portrays a significant example of the modernism
which swept through the state in the years after World War II and embodies
the characteristics of mid-century modernism and innovative uses of new
materials. It is an example of the work of a leading American architect
whose testing round was Florida. The design is both a significant innovation
and adaptation to the South Florida environment.
.
- 13
VII. Bibliography & Sources
Britt, Laura Sinks, My Gold Coast Palatka, Florida: Brittany House
Publishers, 1984.
Delray Beach Historical Society Archives.
Delray Beach City Directories, 1953-54, 1955, 1957,1961,1963,1966,
1973, 1976,1979, Miller, Polk, Price & Lee.
Domin, Christopher & King, Joseph. Paul Rudolph, The Florida Houses. New
York, New York: Princeton Architectural Press, 2002.
Hofman, Charles, Letters from Linton. Hollywood, Florida: Legacy Press,
2004.
Palm Beach County Records, Palm Beach County Courthouse, West Palm
Beach, Florida.
Pierce, Charles W., Pioneer Life In Southeast Florida. Ed. Donald Walter Curl.
Coral Gables: University of Miami Press, 1970.
Interviews: April, 2005
Erskine H. and Virginia W. Courtenay, property owners.
Randolph Grover, Curator, Biggs Museum of American Art
Roy Simon, Architect, Delray Beach native
Ernest Simon, Attorney, Delray Beach native
Tom Woolbright, retired builder, Delray Beach native
14
------
Attachments
1. Photographs Attachments 1 through 9
2. Survey, house plans Attachments 10 through 13
3. Chain of Title/City Directories Attachment 14 through 15
4. Webb Brothers Info. Sheet Attachment 16
5. Art of Architecture Attachments 17 through 25
DBHS Exhibit
15
Attachment
Delray Beach City Directory listings for 130 S. Vista Del Mar Dr. And 212
Seabreeze.
1953-1954- no listing (widow of John E. Biggs, Jr, Cary H., was living in GS)
1955-Biggs Sewell C. -no occupation listed- 130 S. Vista Del Mar Dr.
1957-same listing
1961-same address
1963-street address changes to 212 Seabreeze ( Vista del Mar re-numbered)
Biggs listed rem to Delaware
1966 listed with rem to Delaware
1970-no listing for S.C. Biggs (Frank E & Dorothy J.Biggs-- Listed in
Highland Beach)
Richard McAvoy & Alice C. listed at 212 Seabreeze-- occupation given as
lawyer (NY)
1973 212 Seabreeze is listed as vacant
1976- Courtenay, EH. & Virginia W., listed at 212 Seabreeze Ave. EH emp.
Sterry Real Estate, Virginia- emp.. R.R. Robinson antiques
1979- Courtenay, Erskine H (Virginia W) assoc DeMarco & Sons Realty, Inc.
h 212 Sea breeze av
Virginia Interiors, Virginia W. Courtenay pres 706 E. Atlantic av, etc.
A~rY\e,n+- 16
RUDOLPH HOUSE TIMELINE
Dclray Beach Esplanade subdivision
Lot 21 & West 35 feet of Lot 22 (Unless noted otherwise)
212 Seabreeze Ave., Delray Beach, FL 33483-7022
nAß ~ EVENT CONSID- REFERENCE
SELLER BUYER ERATlON· PBC CTHSE
1938 241an Esplanade subdiviSIon established, bounded by Intracoastal Waterway on the East. Vista Del Mar Drive on the North,
Andrews Avenue on the East and ()çcan Breeze Estates on the South....
OWNERS: Charlotte M. WELLENBRlNK & husband H.W. WELLENBRINK &
Willard M. WATERS & wife Willie E WATERS Plat bk 18, page 39
1941 18 ApT Charlotte M. WELLENBRlNK George C MARSTED $100.00 DEEDS BK 627, P389
1945 20 Mar George C. MARSTED Stanley M. BABSON $100.00 DEEDS BK713. P546
1952 22 Apr Aorine E. GRIER, widow Marie R. Mc COLLON $10.00 DEEDS BK984, 1'69
E 30' Lot 19, all 20, all 21 & W 35' Lot 22
1955 13 Apr Marie R McCOLLOM, widow Sewell C. BIGGS, single $10.00 DEEDS BK1089, P463&
ofMiddlefown, Delaware
1956 House built. 2 stories, 2938 total square feet with 2600 under air OFFICIAL RECORDS
BK2129, PSIO&
1963 22 Nov Sewell C. BIGGS, single Richard McAVOY $10.00 OFFICIAL RECORDS
of New Castle County, Delaware of New Y od: City BK939, P379&
1971 I Aug Alice C McAVOY, executrix, Arno W. McGRAW & OFFICIAL RECORDS
estate of Richard MeA VOY wife, Helen C. $6750 BKI92I. PS05&
of Boca Raton, Ronda
1973 I Mar Arno W. Mc GRA W & wife Helen C. Erskine H. COURTENAY Ir $53,000 price OFFICIAL RECORDS
& wife, Virginia W. 5159.00 BK2129, PSIO&
ofGosben, Kentucky
· CONSIDERA TlON. Usually contains amount of document stamps paid the county or sales price, where noted. Document stamp rates:
Berom 1957-$11$1,000 of price. luly 1,1963--$31$1,000. Oct. I, 1979--$4/$1,000
& Pbotooopied and attached
Re8C*'Cher:
Richard F. Robinson
Legacy Scribe, LLC, Boynton Beach. Florida
561.742.2150
19 April 2005
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CI'IY MANAGER /i7t1
SUBJECT: AGENDA ITEM # \08 - REGULAR MEETING OF JULY 19, 2005
ORDINANCE NO. 51-05 (AMENDMENT TO LAND DEVELOPMENT
REGULATIONS ARTICLE 6.3. "USE AND WORK IN THE PUBLIC
RIGHT -OF-W A Y")
DATE: JULY 15, 2005
This ordinance is before Commission for second reading and public hearing for a City initiated
amendment to Land Development Regulations (LDR), Article 6.3, "Use and Work in the Public
Right-of-Way", relating to Sidewalk Cafes.
On March 1,2005, the Commission approved an amendment to LDR Section 6.3.3, "Sidewalk Café",
in response to concerns raised by the Clean & Safe Committee. While Sidewalk Cafes are a higWy
desired amenity which have been a tremendous draw for customers into the downtown area and a
revitalization tool, the Committee recommended that the ordinance be revised to strengthen
requirements to mitigate the issues and concerns that were identified.
The proposed amendment provides clarification to the definition of Sidewalk Café; provides for
permit compliance dates; standards for denial, suspension, revocation, or appeals; and clarifies the
jurisdiction of the Code Enforcement Board. With respect to changes to the definition, it clarifies
that Sidewalk Cafes are outside seating which occurs on either public or private property.
The Planning and Zoning Board held a public hearing at its meeting of June 20, 2005. There was no
public testimony regarding the proposed changes. After discussing the amendment, the Board voted
7 -0 to recommend to the City Commission approval of the proposed amendment, by adopting the
findings of fact and law contained in the staff report and 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 July 5, 2005, the Commission passed Ordinance No. 51-05.
Recommend approval of Ordinance No. 51-05 on second and final reading.
S:\City Clerk\agenda memos Ord 51-05 SIdewalk Cafes 6.3 071905
~
L-==_~~- ___ ~_ITY- ~OMMISSI_ON_~~CU_~E~!~T~2.~ :~-_ ~~-__=_~ '--=~---~---'-l
TO: CITY MANAGER
~
THRU: ZONING
FROM: JEFFREY A. CO
SUBJECT: MEETING OF JULY 5, 2005
CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
ARTICLE 6.3 "USE AND WORK IN THE PUBLIC RIGHT-OF-WAY" RELATING TO
SIDEWALK CAFÉS.
Ie . .'- . ==-.=."'-==-. --..=. --= "'''-=-. .'=.-.-== -- --=;
.. BACKGROUND I ANALYSIS
.= ',,-==, __n. _ . .. .__n. __ _. .__ _ '.n _ _ _.
On March 1, 2005, the City Commission approved an amendment to LOR Section 6.3.3 concerning
Sidewalk Cafes in response to concerns raised by the Clean & Safe Committee, established by the
Downtown Development Authority. While Sidewalk Cafes are a highly desired amenity which have
been a tremendous draw for customers into the downtown area and are a revitalization tool, the
Committee recommended that the ordinance be revised to strengthen requirements to mitigate the
issues and concerns that were identified.
The proposed amendment provides clarification to the definition of Sidewalk Café; provides for permit
compliance dates; standards for denial, suspension, revocation, or appeals; and clarifies the
jurisdiction of the Code Enforcement Board. With respect to changes to the definition it clarifies that
sidewalk cafes are outside seating which occurs on either public or private property.
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.
While the amendment does not fulfill a specific Goal, Objectives, and Policies of the Comprehensive
Plan, it is not inconsistent with them.
1........_ .._.'_._ , , , ·~·~~~.~I~~ A~p~ Z<?,t:!~!{~ ~~~~~~ë2~~~IDERAilÖ~-"·· ".. . .-.....-.. ..,.. I
At its meeting of June 20, 2005, the Planning and Zoning Board held a public hearing regarding the
amendment. There was no public testimony regarding the proposed changes. After discussing the
amendment, the Board voted 7-0 to recommend to the City Commission approval of the proposed
amendment, by adopting the findings of fact and law contained in the staff report, and 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.
t. ~ _..:'-n _~_'---="---RECOM'MENDED-ACTIOÑ"=-"- ,=- -=. ,.=, ---.. ._J
. __ . n . __ . _. __ _ __.__. ____ ... _ __ _n ___ _ . _.
Approve on first reading the ordinance amending Land Development Regulations Article 6.3 Use and
Work in the Public Riqht-of-Wav concerning Sidewalk Cafes 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 July 19, 2005.
Attachments: Proposed Ordinance
\~
ORDINANCE NO.51-0s
AN ORDINANCE OF THE CI1Y COMMISSION OF THE
CI1Y OF DELRAY BEACH, FLORIDA, AMENDING
ARTICLE 6.3, "USE AND WORK IN THE PUBLIC RIGHT-
OF-WAY" TO ADD "SIDEWALK CAFÉ" TO THE TITLE
AND AMENDING SECTION 6.3.3, "SIDEWALK CAFÉ" OF
THE LAND DEVELOPMENT REGULATIONS TO
PROVIDE FOR A REVISED DEFINITION OF SIDEWALK
CAFÉ AND BY AMENDING 6.3.3(A) TO PROVIDE FOR
PERMIT COMPLIANCE DATES; AMENDING SECTION
6.3.3(1) AND 6.3.3(J) ADDING STANDARDS FOR DENIAL,
SUSPENSION, REVOCATION, OR APPEALS AND
CLARIFYING THE JURISDICTION OF THE CODE
ENFORCEMENT BOARD; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City has permitted sidewalk cafes to be located in certain areas of the City;
and
WHEREAS, the City desires to modify the Land Development Regulations governing
sidewalk café ordinances in order to provide for the public health, safety, and welfare of the
residents of the City and its visitors.
NOW, THEREFORE, BE IT ORDAINED BY THE CI1Y COMMISSION OF THE
CI1Y OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the tide to Article 6.3, "Use and Work in the Public Right of Way" is
hereby amended to read as follows:
ARTICLE 6.3 USE AND WORK IN THE PUBLIC RIGHT OF WAY; SIDEWALK
CAFÉS
Section 2. That Article 6.3 is hereby amended by amending Section 6.3.3, "Sidewalk
Café" as follows:
Section 6.3.3 Sidewalk Café: A sidewalk café is a group of tables with chairs and
associated articles approved by the City situated and maintained upon the :3ÌtkwMk outside
whether on public or private property (excluding interior courtyard seating which is subject
to parking requirements) and used for the consumption of food and beverages sold to the
public from an adjoining business. All tables and chairs and associated articles must be
located within the sidewalk café permit area. Sidewalk cafés are allowed only when in
compliance with this Section.
(A) Pennit and Fees: It shall be unlawful for any person to establish a sidewalk
cafe at any site unless a valid permit to operate a sidewalk cafe has been obtained for that
site, from the City pursuant to this Section. The permit shall be issued on a fonn provided
by the City of Dekay Beach. No permit shall be issued until all the requirements of this
Section have been met. Permits shall not be transferable.
1. Each permit shall be effective for one year, from Js:nwtry ~ 1st until
Dccember June 30th. Any permit application received after Jttlyt-ot December
31 st will pay one-half of the cost of the permit fee and the permit shall expire
December June 30th of the same year.
2. The sidewalk café application fee is one hundred dollars ($100.00). The
permit fee is $3.00 per square foot of approved sidewalk café space.
3. Renewals of a Sidewalk café permit and payment of fees must be submitted
and approved on or before October .J~J st of each year.
Section 3. That Article 6.3, Section 6.3.3, "Sidewalk Café", Section 6.3.3(1), "Denial,
Revocation, or Suspension of Permit; Removal and Storage Fees; Concurrent Jurisdiction of the
Code Enforcement Board; Emergencies" is hereby amended to read as follows:
(I) Denial, Revocation, or Suspension of Permit; Removal and Storage
Fees; Concurrent Jurisdiction ofthe Code Enforcement Board; Emergencies:
(1) The City Manager or his/her designee may deny, revoke, or suspend
a permit of any sidewalk café in the City if it is found that:
(a) Any necessary business or health permit has either been
suspended, revoked, or canceled or has lapsed.
(b) The permittee does not have insurance which is correct and
effective.
(c) Changing conditions of pedestrian or vehicular traffic cause
congestion necessitating removal or modification of the
sidewalk café, in order to avoid danger to the health, safety or
general welfare of pedestrians or vehicular traffic.
2 ORDINANCE NO. 51-05
(d) The permittee has failed to correct violations of this
subchapter or conditions of permitting within three (3) days
of receipt of written notice of same.
(e) If the permittee receives more than three (3) Code
Enforcement violations in a 12 month period from the
issuance of its permit for non-compliance to this Section, the
permit shall be terminated and no refunds of the permit
application fee shall be granted. The permitee may not
receive a new permit for six months.
(f) The Sidewalk Café does not enhance or confonn to the
aesthetic ambiance of the area or is not compatible with other
adjacent businesses or sidewalk cafes.
(2) The City may remove or relocate or order the removal or relocation
of tables and chairs and other vestiges of the sidewalk cafe and a reasonable fee charged for
labor, transportation, and storage, should the permittee fail to remove said items within
thirty-six (36) hours of receipt of the written notice from the City Manager or his/her
designee ordering removal or relocation. However, in the event of an emergency, no written
notice of relocation or removal shall be given and relocation and/or removal shall
commence immediately.
(3) The permittee may appeal the order of the City Manager pursuant to
Section 6.3.3 0), below.
(4) The Code Enforcement Board shall have concurrent jurisdiction over
violations of this subchapter, httt and may only assess fines for noncompliance ..vith the
requirements of thi3 :mbchapter in accordance with Chapter 37 of the Code of Ordinances.
(5) The sidewalk café permit may be suspended upon written notice of
the City Manager or his/her designee and removal may be ordered by the City when repairs
necessitate such action.
(6) In addition, the City may immediately remove or relocate all or parts of
the sidewalk café or order said removal or relocation in emergency situations, without
written notice. In an emergency or upon the issuance of a hurricane warning or notification
of another weather emergency by the county, the permittee shall forthwith place indoors all
tables, chairs, and other equipment located on the sidewalk. Failure to comply shall result in
violation of this subsection which shall result in the issuance of a fine not to exceed
$500.00.
3 ORDINANCE NO. 51-05
Section 4. That Article 6.3, Section 6.3.3, "Sidewalk Café", is hereby amended by
amending Section 6.3.3(J), "Appeals", to read as follows:
(J) Appeals:
(1) Appeals of the decision of the City Manager or his/her designee shall be initiated
within ten (10) days of a permit denial, revocation or suspension, or of an order of removal
or relocation, by filing a written notice of appeal with the City Manager.
(2) The City Manager shall place the appeal on the first available regular City
Commission agenda. At the hearing on appeal, the City Commission shall hear and
determine the appeal, and the decision of the City Commission shall be final and effective
immediately. The City Commission shall apply the standards set forth in 6.3.3(1).
(3) The filing of a notice of appeal by a permittee shall not stay an order of the
City Manager or his/her designee regarding the suspension, revocation or denial of the
permit, or the relocation or removal of the vestiges of the sidewalk café. Vestiges of the
sidewalk café shall be removed as set forth in this subchapter, pending disposition of the
appeal and the final deClsion of the City Commission.
(4) Appeals from the decision of the Code Enforcement Board shall be to the
circuit court and not to the City Commission.
Section S. 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 all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 7. That this ordinance shall become effective ,2005.
4 ORDINANCE NO. 51-05
--- --
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,2005.
MAYOR
ATTEST:
ACTING CITI CLERK
First Reading
Second Reading
5 ORDINANCE NO. 51-OS
--- ----------- -
MEMORANDUM
TO: M.A. YOR AND CITY COMMISSIONERS
FROM: CITY MANAGER p;w1
SUBJECT: AGENDA ITEM # \ Oc.. - REGULAR MEETING OF JULY 19. 2005
RESOLUTION NO. 48-05 (STORMWATER UTILITY SYSTEM)
DATE: JULY 15, 2005
In accordance with Chapter 56, "Stormwater", of the City Code, Resolution No. 48-05 establishes the
budget for the stormwater utility system, establishes the rates for FY 2006 stonnwater management
assessments, and certifies and adopts the stormwater management assessment roll. Prior to
consideration, a pubhc hearing is requu:ed.
The assessment IS proposed at the rate of $4.50 per month per Equivalent Residential Unit (ERU), for
a total annual assessment of $54.00 per ERU. This is the same as the current year assessment.
Property owners withm the Lake Worth Drainage District are given a 25% discount. A separate 25%
discount is given to owners of property served by private drainage systems.
The proposed budget for the stormwater utility fund is incorporated in Resolution No. 48-05 as
Exhibit "A", The rate structure Wlth condominium factors is attached to the resolution as Exhibit
"B " . The assessment roll will be avaùable for review ill the Commission Chambers at the July 19th
meeting.
Recommend approval of Resolution No. 48-05.
s. \c.ty Clerk \agenda memos \Res 48-05 Storrnwater 07 19.05
---------~--- -
RESOLUTION NO, 48-05
A RESOLUTION OF THE CITY COMM:ISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, ESTABLISHING A BUDGET
FOR THE STORMWATER UTILITY SYSTEM; ESTABLISHING
RATES FOR STORMWATER :MANAGEMENT ASSESSMENTS
FOR EACH PARCEL WITHIN THE BENEFITTED AREA,
OTHER THAN NON-ASSESSED PROPERTY; PROVIDING
FOR A PUBLIC HEARING, ALL IN ACCORDANCE WITH
CHAPTER 56 OF THE CODE OF ORDINANCES OF THE
CITY OF DELRA Y BEACH, FLORIDA, AND RELEVANT
STATUTORY AUTHORITY; PROVIDING FOR THE
CERTIFICATION AND ADOPTION OF THE STORMW A TER
ASSESSMENT ROLL.
WHEREAS, the City Commission of the Üty of Delray Beach, Florida, did, on
July 10, 1990, adopt Ordmance No. 21-90 wluch provides for the creation and estabhshment of a
City-wide Stormwater Management System; and
WHEREAS, the City Commission of the Üty of Delray Beach did, on April 27,
1993, adopt Ordinance No. 35-93 which amended Chapter 56 of the Code of Ordinances of the
City of Delray Beach to provide for the method of estabhshing and collecting Stormwater
Management Assessments; and
WHEREAS, the statutory authority for the creation and implementation of
Ordinance No. 21-90, as amended, is predicated on Article VIII, Section 2(b) of the Florida
Constitution; Chapter 166, Florida Statutes, as amended and supplemented; Section 403.0893,
Florida Statutes, as amended and supplemented; Chapter 197, Florida Statutes, as amended and
supplemented; the City Charter of the City of Delray Beach, Florida; and other applicable
provisions of law; and
WHEREAS, the City Commission of the City of Delray Beach has found that
owners, tenants and occupants of property within the geographical boundaries of the City will
derive a specIal benefit from the effective management of stonnwater and other surface water and
from the operation, mamtenance and expansion of the stonnwater management system; and
WHEREAS, Chapter 56 of the City Code establishes that the rate for stonnwater
management assessments for each parcel within the benefited area, other than with respect to non-
assessed property, shall be established each year by resolution of the City Commission; and
WHEREAS, Chapter 56 of the City Code provides that such rate resolution shall
not be adopted prior to the establishment of an operational budget for the system or prior to
conducting a rate hearing as required by applicable law; and
\VHEREAS, Chapter 56 of the City Code provides that such budget shall include,
but not be limited to, a capital element, a debt service element and an Operation and Maintenance
element and further requires that the rate hearing and rate resolution shall clearly estabhsh what
portion of the stormwater management assessment reflects the capital element, the debt service
element, if any, and the Operation and Maintenance element; and
WHEREAS, a budget of operation for the year ending September 30, 2006, is set
forth in Exhibit "A" and is established in conformity '\.vith the requirements of Orchnance No. 21-
90, as amended, and Chapter 56 of the Code of Ordinances of the City of Delray Beach; and
WHERE.l\S, billing and collection of the stonnwater management assessment shall
be accomplished utilizmg the unifonn method of collection; and
WHEREAS, a rate for stonnwater management assessments for the various classes
of property (other than non-assessed property) within the benefited area shall be calculated as
provided m Chapter 56 of the City Code, and as further set forth in Exlubit "B" to this resolution;
and
WHEREAS, a public hearing on this resolution setting the rates and adopting the
budget and for the purposes of adopting and certifying a stonnwater assessment roll was duly
noticed; and
WHEREAS, the City, upon adoption of the budget and rates, shall reVlew the
stonnwater assessment roll to determine its conformity with the proposed rate resolution and if
upon the completion of such review the City shall be satisfied that the Stormwater Management
Assessment Roll has been prepared in conformity With the proposed rate resolution, it shall adopt
said resolution and ratify and confirm the Stormwater Management Assessment Roll and certify
that the Stonnwater Management Assessment Roll is correct and proper and is to be used in
collecting the stormwater management assessments. Thereafter, the City CommisslOn, if no
objections are made by persons affected by the assessment roll at the public hearing or if
objections having been made are deemed insufficient by the Üty Commission, shall thereupon
adopt the assessments as shown by the Assessment Roll; and
WHEREAS, the owner of each parcel within the benefited area for which a
stonnwater assessment is levied shall thereafter be responsible for payment therefor.
2 RES. N0.48 -05
---
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission does hereby adopt the aforementioned
preamble in its entirety.
Section 2. That the City Comnussion does hereby adopt, after public hearing, the
budget as estabhshed in Exhibit "A" hereto which is incorporated herein.
Section 3. That the City Commission does hereby adopt, after public hearing, the
rates as set forth ill Exhibit "B" hereto which is incorporated herein.
Section 4. That the City Commission hereby adopts and certifies the Stonnwater
Management Assessment Roll.
PASSED AND ADOPTED in regular session on this the 19th day of July, 2005.
ATTEST: MAYOR
Acting City Clerk
3 RES. N0.48 -05
Exhibit" A"
FY 2005-06
FUND 448 STORMW A TER UTILITY FUND
Dept 54 Storm water Utility
Div 11 Administration
12-10 REGULAR SALARlES/W AGES $ 42,520
21-10 EMPLOYER FICA 3,240
22-10 GEN'L EMP RETIREMENT 4,260
22-30 ICMA CONTRlBUTIONS 430
23-10 LIFE INSURANCE 260
23-20 DISABILITY INSURANCE 270
23-30 HEALTH INSURANCE 6,280
24-10 WORKERS' COMPENSATION 2,030
25-10 UNEMPLOYMENT COMPENSATION 40
25-20 EMPLOYEE ASSISTANCE PROG 50
* PERSONAL SERVICES 59,380
31-30 ENGINEERlNG/ARCHITECT 21,610
3 1-90 OTHER PROFESS SERVICES 16,500
32-10 AUDIT/ACCOUNTING FEES 1,900
40-10 TRA VEL & TRAINING 600
41-10 TELEPHONE EXPENSE 210
42-10 POSTAGE 150
43-50 STORMW A TER CHARGES 720
44-30 EQUIPMENT RENT AL/LEASE 2,750
44-45 VEHICLE RENTAL-GARAGE 1,780
45-10 GENERAL LIABILITY 6,620
46-30 VEHICLE MAINT-GARAGE 800
46-90 OTHER REP AIR/MAINT COST 7,100
47-20 REPRODUCTION CHARGES 310
49-22 SHARE OF ADMIN EXP 92,000
51-10 STATIONERY /P APERJFORMS 2,000
51-90 OTHER OFFICE SUPPLIES 500
52-10 FUEL/LUBE VEHICLE 190
52-20 GEN'L OPER SUPPLIES 1,500
52-22 UNIFORM/LINEN SERVICE 180
54-10 BOOKS & PUBLICATIONS 130
54-l5 SUBSCRlPTIONS 50
54-20 MEMBERSHIPS 830
54-30 TRAININGÆDUCA TION COSTS 520
* OPERA TING EXPENSES 158,950
66-10 SOFTWARE -
CAPITAL OUTLAY -
91-01 TRANSFER TO GENERAL FUND 92,000
* TRANSFERS 92,000
** STORMW A TER ADMINISTRATION $ 310,330
Exhibit" A"
FY 2005-06
FUND 448 STORMW A TER UTILITY FUND
Dept 54 Storm water Utility
Div 16 MAINTENANCE
12-10 REGULAR SALARIES/WAGES $ 161,210
14-10 OVERTIME 10,600
21-10 EMPLOYER FICA 12,750
22-10 GEN'L EMP RETIREMENT 16,140
22-30 ICMA CONTRIBUTIONS 1,020
23-10 LIFE INSURANCE 800
23-20 DISABILITY INSURANCE 1,020
23-30 HEALTH INSURANCE 31,420
24-10 WORKERS' COMPENSATION 17,010
25-10 UNEMPLOYMENT COMPENSATION 180
25-20 EMPLOYEE ASSISTANCE PROG. 250
* PERSONAL SERVICES 252,400
31-20 MEDICAL 130
34- 70 PHOTO/MICROFILM SERVICES 100
34-78 REPAIR & UPKEEP CANALS 9,420
34-90 OTHER CONTRACTUAL SERVICE 49,000
40-10 TRA VEL & TRAINING 2,340
41-15 PORTABLE PHONE/BEEPER 30
43-10 ELECTRICITY 5,580
43-25 IRRIGATION WATER 2,930
44-10 LAND RENT ALlLEASE 1,630
44-30 EQUIPMENT RENT ALILEASE 900
44-40 VEHICLE RENT ALlLEASE 180
44-45 VEHICLE MAINT-GARAGE 27,760
45-10 GENERAL LIABILITY 9,960
46-20 EQUIPMENT MAINTENANCE 1,200
46-30 VEHICLE MAINT-GARAGE 40,000
46-90 OTHER REPAIRlMAINT COST 81,450
47-10 PRINTING/BINDING SERVICES 400
48-20 EMPL RECOGNITION AWARD 300
49-16 COMML DRIVERS LIC RENEWAL 110
51-10 STATIONERY /P APERlFORMS 100
51-90 OTHER OFFICE SUPPLIES 400
52- I 0 FUELILUBE VEHICLES 11,000
52-20 GEN'L OPER SUPPLIES 8,000
52-22 UNIFORMS/LINEN SERVICE 2,000
52-24 BUILDING MATERIALS 1,250
52-26 GARDENING SUPPLIES 8,510
52-27 EQUIPMENT <$750 6,320
53-20 REPAIRS-DRAINAGE 13,000
54-20 MEMBERSHIPS 100
54-30 TRAININGIEDUCA TION COSTS 900
* OPERA TING EXPENSES 285,000
64-25 HEA VY EQUIPMENT
* CAPITAL OUTLA Y -
** STORMW A TER SYSTEM MAINTENANCE $ 537,400
Exhibit itA"
FY 2005-06
FUND 448 STORMW A TER UTILITY FUND
Dept 54 Stormwater Utility
Div 61 CAPITAL
64-25 HEA VY EQUIPMENT $ 100,000
65-34 SW 8TH AVE - SWIITH ST - SW 10TH ST II ,400
65-35 SEASAGE/MELALEUCA/OLEANDE 600,900
65-36 BARWICK RD 75,000
65-37 BLOCK 94 ALLEY 143,800
65-85 OSCEOLA PARK 338,000
65-87 SW2NDAV - SW ISTSTW ATL 40,000
99-0 I PROJECT RESERVE
* CAPITAL OUTLAY 1,309,100
** CAPIT AL $ 1,309,100
FUND 448 STORMW A TER UTILITY FUND
Dept 71 Debt Service
Div 11Debt Service
71-16 STORMW A TER NOTE 25,810
72-16 STORMW A TER NOTE-INTEREST 27,740
* DEBT SERVICE 53,550
** DEBT SERVICE $ 53,550
*** STORMW A TER UTILITY FUND 1$ 2,210,380 I
EXHIBIT "B" TO RESOLUTION NO. 48-05
Property Total 12 Month
Description Rate Structure Assessment
Single Family
Residential ($4.50/Mo./ERU) (12 Mo.) (1 ERU) $ 54.00
Condominium ($4.50/Mo./ERU) (12 Mo.) (Condo Factor) $ 54.00
(ERU/Unit) xCF*
Single Owner
Multi-Family
Residential ($4.50/Mo./ERU) (12 Mo.) $ s4.00/ERU
Non-ResIdential
Developed ($4.50/Mo./ERU) (12 Mo.) $ 54.00/ERU
Undeveloped ($4.50/Mo./ERU) (12 Mo.) (1.20 ERU/AC) $ 64.80/ AC
All properties within the Lake Worth Dramage District (LWDD), as indicated by the LWDD's
boundary map, shall receive a 25% discount.
All properties for which the City does not provide for the maintenance of street drainage systems
shall receive a 25% discount.
* A specific condominium factor (0.0 - 1.0) has been determined for each condominium
development. A list of those factors is attached.
4 RES N0.48 -05
Cit~f Del~ Beach, Florida Program: SWLIB/SWCONDO
STO ATER AGEMENT ASSESSMENT Prepared: 7/12/05, 13:26:44
CONDOMINIUM RATES FOR TAX YEAR 2005 Page: 1
--------------------------------------------------------------------------------
Condominium Units ERUs
--------------------------------------------------------------------------------
Acacia House 3 .91
Admiral Apts. 10 .70
Anchorage 8 .32
Ardmore 13 .70
Arnold Industrial Park 3 1.00
Atlantic Grove 49 .93
Bahama House of D.B./Brook Haven/Ocean Reach Apts. 22 .70
Balmoral 12 .57
Banyan House 65 .63
Banyan Tree Village 55 .96
Bar Harbour 85 .39
Barr Terrace 95 .38
Barrton Apts. 103 .46
Beach Cabanas 12 .64
Beach House of Delray 12 .70
Beekman 14 .70
Berkeshire II 48 1.00
Berkshire I 23 .79
Bermuda High 22 1.00
Bermuda High South 29 .96
Bermuda High West 46 1.00
Blairs Arcade 5 1.00
Blairs Downtown 3 .89
Block 60 92 .13
Boca Isle/Point at Delray Beach 93 .69
Brooks Lane 6 1.00
Cambridge 8 1.00
Captains Walk 57 .86
Casa Del Mar 11 .49
Casa Playa 11 .73
Chevy Chase 16 .70
Churchill 30 .60
Coach Gate 7 .97
Coastal House -as .41
Colridge 3 .87
Conunodore Apts. 8 .70
Congress Conunerce Center 158 1.00
Congress Professional Building 3 1.00
Coral Cove 7 .70
Costa Del Rey 40 .63
Country Manors 440 1.00
Court of Delray 4'3 .40
Cove Apts 5 .70
Crest 6 .79
Del Harbour 18 .32
Del Harbour Condominium 4 .70
Delhaven 24 .74
Delray Bch Club 77 .47
Delray Beach Yacht Club Condo 12 .53
Delray Dental Specialists 3 .70
Delray Estates 324 .55
Delray Golfview 36 .57
Delray Harbour Club 50 .44
Delray Oaks 142 .95
Cit~f Del~ Beach, Florida Program: SWLIB/SWCONDO
STO ATER AGEMENT ASSESSMENT Prepared: 7/12/05, 13:26:44
CONDOMINIUM RATES FOR TAX YEAR 2005 Page: 2
--------------------------------------------------------------------------------
Condominium Units ERUs
--------------------------------------------------------------------------------
Delray Oaks West 256 1.00
Delray Ocean Villas 15 .70
Delray Park 6 1.00
Delray Place 42 .35
Delray Shores Professional 8 1. 00
Delray Summit 66 .41
Domaine Delray 60 .91
Dover House 45 .48
Downtown Lofts 7 .45
Eastview of Delra~ Beach 3 .70
Eastview Village quare 24 1.00
Eastwinds 84 .69
Eight Hundred Ocean Place 8 1.00
Environment I 92 .93
Fairway 72 1.00
F~ll R~dge 60 1.00
F~rst Encounter 46 .70
Fountain Square Office of Delray 13 1.00
Georgia Street Industrial Park 3 1.00
Golfview Colony 8 1.00
Grand Bahama Professional 15 1.00
Greensward village 136 .91
Grove 28 .99
Hamilton House 23 .84
Harbour pointe of Delray 10 .70
Harbour Villas 13 .73
Harbourside I-III 175 .76
High Point 1,992 .76
Imperial Manor 12 .70
Imperial Villas 199 .96
Inîraham House 4 .70
In et Cove 16 1.00
Inner Circle 16 .72
Intercoastal Cove 4 .70
Jardin Del Mar 38 .83
Lago Del Rey 338 .86
La~o Del Rey North Amsterdam 30 .57
La eside 212 .46
Lakeview Greens 128 .90
Landings of Delray Beach 64 1.00
Lanika~ Villas 24 .52
Lavers Delray Racquet Club 566 1.00
Ledges 3 .70
Linton Ridðe 84 .39
Linton Woo s 24 1.00
Lyndon Arms 8 .64
Manor House 24 .67
Marina Bar 2 1.00
Marina De Rey 10 .70
Martel Arms 30 1.00
Miramar Gardens 48 .38
Narberth/Ocean Aire 14 .70
New Monmouth 17 .70
Ocean East 8 .85
Cit~f Del~ Beach, Florida Program: SWLIB/SWCONDO
STO ATER AGEMENT ASSESSMENT Prepared: 7/12/05, 13:26:44
CONDOMINIUM RATES FOR TAX YEAR 2005 Page: 3
--------------------------------------------------------------------------------
Condominium Units ERUs
--------------------------------------------------------------------------------
Ocean Place 29 1.00
Ocean Place-2155 30 .77
Ocean Terrace 8 .70
One SixtK Center 5 1.00
One Ten pts 4 .70
Outrišger 25 1.00
Palm quare 8 .70
Palm Trail 22 .70
Palm Villas 60 1.00
Palm Villas at Delray Beach 4 .95
Park View Manor 16 .55
Patio Beach 10 .70
Pelican pointe 56 1.00
Penthouse Delrab 80 .41
pine Beach Sout 6 .70
pines of Delray 685 .72
pines of Delray North 700 .99
pines of Delray West 287 .78
Plum 7 1.00
Ranger 10 .70
Sabal pine 256 .85
Sabal pine East 222 .93
Sabal pine South 128 .87
Sands Terrace 14 .50
Savoy 8 .70
Seabreeze of Delray 5 .69
Seagate Manor 63 .51
Seagate Towers 149 .49
Seastone A~tS. 10 .34
Seaway viI as of Delray Beach 6 .70
Serena Vista 30 1.00
Seven seventx 17th Ave. 9 .70
Sherwood Gar ens 36 .55
Sloan Hammock Land 5 .98
South Congress Commerce Center 2 1.00
South County Professional 45 1.00
South Ocean 10 1.00
South Shore Club 15 1.00
Southridge 37 1.00
Southridðe village 68 .90
Southwin s 84 .69
Spanish River 11 1.00
Spanish Trail 20 .59
Spanish Wells 240 .72
Spring Harbor (see pcns for prior history) 288 .68
St Tro~ez 64 .43
Stor-a 1 12 .70
Sunset pines 66 1.00
Tahiti Cove 18 .79
Talbot House III 4 .70
Three FiftX Five Building 7 1.00
Tierra Ver e at Delray Beach 300 .84
Town,& Country 148 .57
Trop1.c Bay 1-17 399 .61
Cit~f Del~ Beach, Florida Program: SWLIB/SWCONDO
STO ATER AGEMENT ASSESSMENT Prepared: 7/12/05, 13:26:44
CONDOMINIUM RATES FOR TAX YEAR 2005 Page: 4
--------------------------------------------------------------------------------
Condominium Units ERUs
--------------------------------------------------------------------------------
Trop~c H~rbor 222 .49
Tro~~c V~ew 48 1.00
Twe ve-O-Two 6 .58
Valhalla 8 1.00
Venetian Drive Townhouse 4 ,70
Venetian Village 14 1.00
Villas Delray 7 .39
Vista Lago 14 .70
Waterview Apts. 8 .67
Waterway East 21 1.00
Waterway North 15 .92
Wedge wood 6 .70
White Columns 3 1.00
williamsburg Inn 12 .70
Windemere House 30 .63
Winston 8 .78
Woodbrooke 13 .66
Total condominium units . . . : 13,059
Average ERU/unit . . . . . . : .77
179 Records processed
-- End of Listing --
MEMORANDUM
TO: MAYOR AND CIlY COMMISSIONERS
FROM: CIlY MANAGER[M
SUBJECT: AGENDA ITEM # \CD - REGULAR MEETING OF ]UL Y 19. 2005
ORDINANCE NO. 49-05 (AMENDMENT TO LAND DEVELOPMENT
REGULATIONS SECTION 2.4.3(K(1) DEVELOPMENT APPLICATION FEES)
DATE: JULY 15, 2005
This ordinance is before Commission for second reading and public hearing for a City initiated amendment to
Land Development Regulations (LDR), Section 2.4.3(K)(1), "Development Applications", to provide for an
increase in the Development Application Fees.
During the changes to the fee schedule in 2003, the Commission directed staff to process changes as needed
every two (2) years. Staff researched adjacent municipality fee schedules for similar development activities
and determined that an increase in fees of 5% is justified. The fees have been rounded up in increments of
five (5) dollars ($5.00). This increase would place the City's fees in the mid range of the municipalities
surveyed. In addition, the proposal includes significant adjustments for processes that are undervalued.
The proposal includes a new fee for a Certificate of Appropriateness (COA) as it relates to new construction
and additions in historic districts that require review by the Board. The fee is equivalent to the fee for review
of single family homes in the North Beach/Seagate and Ocean Neighborhood Overlay Districts. The fee will
reflect the staff time and detailed analysis required to review these items and will be consistent with other fees
charged for similar actions before other Boards.
Also, a new fee is proposed for demolition requests within historic districts and requests to relocate structures
out of the districts; which is counter to the goals and objectives of historic preservation and the creation of
historic districts. With the development pressures in the City's historic districts, these requests have become
more prevalent and usually accompany other COA requests. This activity requires analysis and preparation of
a detailed staff report, therefore, a fee similar to a Class III site plan process is proposed.
In addition to the above fees, the most significant increase relates to zoning verification letters. These
requests involve multiple items and extensive research to fonnulate a response. The current fee schedule of
fifty-five (55) dollars ($55.00) does not cover the staff time necessary to prepare these documents. The
proposed increase will double the fee to better cover the staff time in the research of these responses.
The Planning and Zoning Board held a public hearing at its meeting of June 20, 2005. There was no public
testimony regarding the proposed changes. After discussing the amendment, the Board voted 7-0 to
recommend to the City Commission approval of the proposed amendment, by adopting the findings of fact
and law contained in the staff report and 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 July 5, 2005, the Commission passed Ordinance No. 49-05.
Recommend approval of Ordinance No. 49-05 on second and final reading.
S:\Ctty Clerk\agenda memos Ord 49-05 LDR 243kl Development Apphcatlon Fees 071905
~
~ CITY COMMISSION DOCUMENTATION I
TO: DA~A~TY MANAGER
THRU: PA L DORLlNG, I CTOR ZONING
FROM: JEFFREY A. COSTELLO, NING DIRECTOR
SUBJECT: MEETING OF JULY 5, 200
CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS SECTION 2.4.3(K)(1) TO PROVIDE FOR AN INCREASE IN
THE DEVELOPMENT APPLICATION FEES.
ll. . . _ --.... - . _..J
BACKGROUND I ANALYSIS
-- - n. -.. . _ _n ____._ During the changes to the fee schedule in 2003, the City Commission directed staff to process
changes as needed every two years. Staff researched adjacent municipality fee schedules for
similar development activities and determined that an increase in fees of 5% is justified. The
fees have been rounded up in increments of five dollars ($5.00). This increase would place the
City of Delray Beach's fees in the mid range of the municipalities surveyed. In addition, the
proposal includes significant adjustments for processes that are undervalued. The proposal
includes a new fee for a Certificate of Appropriateness (COA) as it relates to new construction
and additions in historic districts that require review by the Board. The fee is equivalent to the
fee for review of single family homes in the North Beach/Seagate and Ocean Neighborhood
Overlay Districts. This fee will now reflect the staff time and detailed analysis that goes into the
review of these items and will be consistent with other fees changed for similar actions before
other Boards.
Also, a new fee is proposed for demolition requests within historic districts and requests to
relocate structures out of the district. Demolition of structures within historic districts or
relocation out of the districts is counter the goals and objectives of historic preservation and the
creation of historic districts. With the development pressures in the City's historic districts these
requests have become more prevalent and as they usually accompany other COA requests no
fee is assessed. This activity requires analysis and preparation of a detailed staff report,
therefore a fee similar to a Class III site plan process is proposed.
Besides the two additional fees proposed, the most significant increase relates to zoning
verification letters. Many of these requests involve multiple items and extensive research to
formulate a response, which sometimes resemble a site analysis/staff report. The current fee
schedule of fifty five dollars ($55.00) does not cover the staff time necessary to prepare these
documents. The proposed increase is to double the fee to better cover the staff time in the
research of these responses.
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. While the amendment does not specifically further the Goals,
Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them.
\~~
City Commission Documentation
LDR Text Amendment - Land Development Application Fees
Page 2
~ PLANNING AND ZONING BOARD CONSIDERATrON I
At its meeting of June 20, 2005, the Planning and Zoning Board held a public hearing regarding
the amendment. There was no public testimony regarding the proposed changes. After
discussing the amendment, the Board voted 7-0 to recommend to the City Commission
approval of the proposed amendment, by adopting the findings of fact and law contained in the
staff report, and 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.
II RECOMMENDED ACTION II
Approve on first reading the ordinance amending Land Development Regulations Section
2.4.3(K)(1) regarding proposed increases to the Land Development Application Fees, 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 July 19, 2005.
Attachments: Proposed Ordinance
City Commission Documentation
LOR Text Amendment - Land Development Application Fees
Page 3
ORDINANCE NO. 49-05
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF CODE OF
ORDINANCES, BY AMENDING SECTION 2.4.3(K),
"FEES", SUBSECTION 2.4.3 (K)(1 ), "DEVELOPMENT
APPLICATIONS", TO PROVIDE FOR AN INCREASE IN
THE DEVELOPMENT APPLICATION FEES; 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 June 20, 2005 and
voted 7 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 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 2.4.3(K), "Fees", Subsection 2.4.3(K)(1 ),
"Development Applications", 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:
(K) Fees: Processing fees shall be collected for development applications. The fees
shall be as established herein and as modified by ordinance of the City Commission.
(1) Development Applications: The following fees shall be charged for
development applications. All fees are cumulative and separate unless otherwise indicated.
Combined applications shall provide multiple fees.
(a) Comprehensive Plan Amendment $~2.310
(b) Review of a ADAlDRI $~ 3.465
Modification of a DRI $-l-;-l-OO-l J 55
City Commission Documentation
LDR Text Amendment - Land Development Application Fees
Page 4
(c) Voluntary Annexation with Zoning $-l-;GOO 1.050 (4)
(d) Rezoning of Land $~ 1.390
(e) Modification of a SAD Ordinance to add a use or uses $~ 1.390
(t) Conditional Uses, New Application $-l-;GOO 1.050
Modification requiring Board Review $ ~ 580
(g) Master Plans $-l-;lOO 1 .1 55 (1)
Master Plan Modification (5)
(h) Formal review of a Sketch Plan [Section 2.4. 1 (B)] $--MG 580
(i) Similarity of Use $ ~ 290
G) Site Plan Review:
Class I (Non-Impacting Modification) $ -l-OO 105
Class II (Non-Impacting with Board Review) $ ~ 210
Class III (Minor Modification) $ ~ 525 (1)
Class IV (Major Modification) $ ~ 870 (1)
Class V (New Submission) $-l-;lOO 1 .1 55 (1)
(k) Extension requests for a previously approved $ ~ 580
conditional use or site plan (only one fee is required
if both items are being extended for one project)
(1) Plats
Minor Subdivision $ ~ 870
(1)
Major Subdivision $ -l-;6W 1.735 (1)
Plat Recording Fee (3)
(m) Abandonments
Right-of-way $ ~ 580
General Easements $ ~ 350
Specific Easements $ ~ 175
(n) Master Sign Program $ -l-W 120
(0) Variance through the Board of Adjustment or the $ ~ 210
Historic Preservation Board
(P) Formal interpretation by the Board of Adjustment $ W 55
(q) Certificate of Appropriateness by Board
---
City Commission Documentation
LDR Text Amendment - Land Development Application Fees
Page 5
Alterations and/or Repairs $ W 55 (2)
New Construction and Additions $ 525 ill
Demolition and Relocation $ 525
(r) Certificate of Appropriateness by Administrator $ 0
(s) Request for Historic Designation $ W 55
(t) Hearing before the Board of Construction Appeals $ W 55
(per item) $ W 55
(u) Temporary Use Request involving City Commission $ -l-W 120
Action
(v) Water Service Agreement Request
- - without concurrent site plan $ -l-W 120
- - with concurrent site plan $ 0
(w) Land Development Regulations Text Change $ -l-;()OO L 0 5 0
(x) Waivers and Internal Adjustments $ -l-W 120 per request (6)
$ ~ 235 per request (7)
(y) Appeals by Applicant $ ;00 315 (8)
(z) Re-advertising (9)
(aa) Zoning Verification Letter $ M 110
(bb) Single Family Overlay District Site Plan Review $ WG 525 (1)
NOTES:
(1) Plus an additional fee of $100 per acre, or any fraction thereof, beginning at 3.01 acres, up to
a maximum of $3,000 per project.
(2) This fee shall be credited against any other processing fee which may be applicable to the
request.
(3) $30.00 for the first sheet of the plat, $15.00 for each additional sheet, or as modified from
time to time by Palm Beach County, payable to Palm Beach County.
(4) Fee may be waived by the City Manager, for properties that have already been developed, or
for sites under one (1) acre in size.
(5) Same fee that would apply for site plan modification.
(6) For requests made during the site plan / master plan review process.
(7) For requests made subsequent to the site plan / master plan review process.
City Commission Documentation
LDR Text Amendment - Land Development Application Fees
Page 6
(8) Includes appeals of both administrative decisions and Board actions.
(9) Advertising costs.
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
MEMORANDUM
TO: MAYOR AND CI1Y COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # \OE - REGULAR MEETING OF ]UL Y 19. 2005
ORDINANCE NO. 44-05 (FUTURE LAND USE MAP AMENDMENT -
CORNELL PARK)
DATE: JULY 15, 2005
This ordinance is before Commission for second reading and public hearing for a City initiated small
scale Future Land Use Map (FLUM) Amendment from LD (Low Density Residential 0-5 du/ ac) to
OS (Open Space) and rezoning from R-l-AAA-B (Single Family Residential) to OSR (Open Space
and Recreation) for Cornell Park, a 3.4 acre parcel of land, located at the northeast corner of N.W.
9th Street and N.W. 4th Avenue.
The proposed FLUM amendment and rezoning involves a vacant property that has had a low
density residential land use map designation and single family zoning designation for more than
forty (40) years. The property was in pnvate ownership until early 2000 when it was donated to the
City to provide a neighborhood park for the community. The proposed land use and zoning
changes are necessary to accomplish this purpose.
The Planning and Zoning Board held a public hearing at its meeting of June 20, 2005. There was no
public testimony regarding the proposed changes. After discussing the requests, the Board voted 7-
o to recommend to the City Commission approval of the amendment, by adopting the findings of
fact and law contained in the staff report and ftnding that the request is consistent with the
Comprehensive Plan and meets the criteria set forth in 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 July 5, 2005, the Commission passed Ordinance No. 44-05.
Recommend approval of Ordinance No. 44-05 on second and final reading.
s:\c.ty Clerk\agenda memos Oed 4+05 FLUM Cornell Park 071905
---
~
L~__ = ":-.. - ]
CITY COMMISSION DOCUMENTATION
. -- ---......._---- -=----- "-----p - .,....-- ------=-.:". - ----- --- --- ------ -
--- -- - - ------
TO: D~. HA EN,
FROM: PA ~LlNG, DI CTOR OF PLANNING AND ZONING
SUBJECT: MEETING OF JUL 5,2005
CITY INITIATED FUTURE LAND USE MAP AMENDMENT (SMALL-
SCALE) FROM LD (LOW DENSITY RESIDENTIAL 0-5 DUlAC) TO OS
(OPEN SPACE) AND REZONING FROM R-1-AAA-B (SINGLE FAMILY
RESIDENTIAL) TO OSR (OPEN SPACE AND RECREATION), FOR
CORNELL PARK, LOCATED AT THE NORTHEAST CORNER OF NW
9TH STREET AND NW 4TH AVENUE.
L-~--=~ ~~_._-- - . .- ------- --- ... ---- --=:.._-- ..----=¡J
----.. -. -- - .....---.
BACKGROUND I ANAL YSIS
-. --... ---- .. ...----- ..-....---.. --... --
-. - --- .- - .------ . ------ . . -----.-
The proposed FLUM amendment and rezoning involves a vacant property totaling 3.4
acres. The property has had a low density residential land use map designation and
single family zoning designation for more than 40 years. The property was in private
ownership until early 2000 when it was donated to the City for the expressed purpose of
providing a neighborhood park for the community. The proposed land use and zoning
changes are necessary to accomplish this purpose. A detailed analysis of the proposal
is found in the attached Planning and Zoning Board staff report.
L__......., -~~._'~....... ·PL~ÃÑ-ÑJNG· ÄNi)-zo~.n~J~-B~ARD~ë~·N'SIDE'RÃ;:iõ~. ~._- . " " ... ... , ''''1
At its meeting of June 20, 2005, the Planning and Zoning Board held a public hearing
regarding the amendment. There was no public testimony regarding the proposed
changes. After discussing the requests the Board voted 7-0 to recommend to the City
Commission approval of the Future Land Use Map amendment from LD to OS and
rezoning from R-1-AAA-B to OSR, 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.
~....". ...;'. " ., " , ...--.-.-...... . . , Ii
RECOMMENDED ACTION
Move to approve the Future Land Use Map amendment from LD to OS and rezoning
from R-1-AAA-B to OSR for Cornell Park, 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 July
19,2005.
Attachments Planning and Zoning Board Staff Report of June 20, 2005 & Proposed Ordinance
\u..,E
·
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT ---
MEETING DATE: June 20, 2005
AGENDA ITEM: IV. D.
ITEM:
The action before the Board is that of making a recommendation on a City
initiated small-scale Future Land Use Map Amendment from LD (Low Density
Residential) to OS (Open Space) and rezoning from R-1-AM-B to OSR
(Open Space and Recreation) for 3.4 acres currently owned by the City of
Delray Beach for Cornell Park. (Quasi-Judicial Hearing).
I :'jj t±=f tj=j I _.
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GENERAL DATA: NW. t =-
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Owner/ApplicanL....................... City of Delray Beach ICity : "-w. 12TH S1REET -< WI[
Initiated I 010'",
'1~1Ii r-
Agent.......................................... City Initiated ,<0 <0
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,
Location...................................... Northwest corner of NW 4th ;E _
Avenue and NW 9th Street. H.w. IllIt
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Property Size.............................. 3.4 Acres (Cornell Park) \1 ~I F If 1_
'~_ I ~
Future Land Use Map................ LD (Low Density Residential) II. .-
t ~ IL" .."
Proposed FLUM.......................... OS (Open Space)' ¡' ~_
Current Zoolng............................ R-1-AAA-B , " Eli' ì I I I,~
Proposed Zoning........................ OSR (Open Space and Recreation) ~ ;:~Z \ UIΠ"""I 1-1
Adjacent Zoning................North: R-1-AAA-B (Single Family) ~:~~ ~Ic.r- = ~I --l) =[
East: R-1-M (Single Family) _ ~r- = v r-
_.f-- -
South: R-1M (Single Family) .... ~ ~f--::::::: ---IT -
West: R-1-AAA-B (Single Family) IWT í~ I I f--.l
Existing Land Use...................... Vacant 1"1 ¿ÁJ I !-
Water Service............................. Available in NW 9th Street and I ¡---.t-....ll I I n I I ¡ ""
in NW 4th Avenue ~~oy SCOUT N
COAl . HUT
Sewer Service............................. Available in NW 9th Street : n ~ -
CEHTER r f"-----.l A L- I U A R 0 A 0
i
IV.D.
I -- I
ITE M BEFORE THE BOARD
The action before the Board is making a recommendation to the City Commission on a City
initiated Small-scale Future Land Use Map (FLUM) amendment from LD (Low Density
Residential) to OS (Open Space) and rezoning from R-1-AAA-B (Single Family Residential~
to OSR (Open Space and Recreation) for Cornell Park located the northeast corner of NW 4t
Avenue and NW 9th Street.
Pursuant to LDR 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 : .. .. . -- n -.-. -- ------1
BACKGROUND
The proposed FLUM amendment and rezoning involves one property totaling 3.4 acres. The
property is located at the northeast corner of NW 9th Street and NW 4th Avenue. The property
consist of the southwest 'X of Lot 9 being a subdivision of Section 8, Township 46 South,
Range 43 East, (less the east 25 feet for road right of way, also less the south 25 feet for
road right of way and less the east 170 feet thereof more or less.
The property has had a low density residential land use map designation and single family
zoning designation for more than 40 years. The property was in private ownership until
early 2000 when it was donated to the City for the expressed purpose of providing a
neighborhood park for the community. The proposed land use and zoning changes are
necessary to accomplish this purpose.
I . . ". " F U T U'R E -.- "-- I
LAND USE MAP AMENDMENT ANA LYSIS
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
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;
P & Z Board Staff Report
Cornell Park - FLUM Amendment and Rezoning
Page 2
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 3.4 acre area, thus the total area is less
than the 10 acre maximum. The proposed amendment to OS (Open Space) 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 total 4.6 (1.4 +3.4 acres) which 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 R-1-AAA-B zoning designation and LD (Low Density Residential) Future Land
Use Map designation does not allow the proposed park use. The Future Land Use Map
amendment and rezoning is being sought to accommodate the future development of the
site.
REQUIRED FINDINGS:
Future land Use Element Policy A-1.7: Amendments to the Future land Use Map must
be based upon the following findings:
CI 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 proposed open space designation does not require submittal of supporting data and
analysis. However, it is noted the requested change is to accommodate the placement a
park consistent with the adopted Parks and Recreation Master Plan and the desires of the
family which donated the property. The current zoning and land use designation will not
allow the anticipated use as will the changes being sought.
--~----
P & Z Board Staff Report
Cornell Park - FLUM Amendment and Rezoning
Page 3
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 OS will be consistent with the adopted Parks and
Recreation Master Plan and the related Open Space and Recreation Element
Comprehensive Plan Policy A 2.14.
D Concurrency -- Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
The proposed rezoning and FLUM change will place the property in and open space
category rather than the current residential category. This will result in a reduction in
intensity therefore concurrency can be met and is not an issue.
Compatibility -- The requested designation will be compatible with the existing and
future land uses of the surrounding area.
The requested designation of OS will be consistent with adjacent land use designations to
the east and south, and will accommodate the proposed use of the property. Since the
proposed park will primarily serve the recreation needs for the immediate neighborhood
compatibility does not appear to be an issue.
D Compliance -- Development under the requested designation will comply with the
provisions and requirements of the land Development Regulations.
The subject property will be developed as a park and will be reviewed for compliance with
the LOR during the related site plan approval process. No problems are anticipated in
meeting the LOR requirements.
A review of the applicable Comprehensive Plan Policies was undertaken and the
following applicable policy was identified.
Open Space and Recreation Element Policy A2.14 - All planning for parks and
recreational facilities shall be in accordance with the adopted City of Delray Beach Parks
and Recreation Master Plan
The proposed FLUM amendment is consistent with this policy and will be of similar
intensity as those allowed under the existing land uses designation.
I .--------..-- ï
ZONING ANALYSIS
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
P & Z Board Staff Report
Cornell Park - FLUM Amendment and Rezoning
Page 4
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(D)
(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 Rezoning Actions): Standard Band C are not applicable
with respect to this rezoning request. The applicable peñormance 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 are zoned R-1-
AAA-B (Single Family Residential) to the north and west and R-1AA to the south and
east. The City-initiated rezoning request is to a designation identified in the above
policy, and therefore meets the intent of this regulation.
(D) 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 residential zoning districts. The proposed changes will
allow the site to be developed into a neighborhood park to serve this immediate
neighborhood as such should not be incompatible.
(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 have a similar design and intensity of the adjacent properties.
P & Z Board Staff Report
Cornell Park - FLUM Amendment and Rezoning
Page 5
Based upon the above, positive findings can be made with respect to the applicable
performance standards.
Section 2.4.5(D) (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.
The reason for the rezoning is "b" and "c". The change in circumstance is the recent donation
of the land to the City for the expressed purpose of establishing a neighborhood park. The
proposed land use changes and zoning change are necessary to accomplish that goal.
Further, the zoning designation of open space and recreation is of similar intensity (if not
less) and more appropriate for the property to accommodate the envisioned development of
the parcel to benefit the community.
I -.------- - - .---. ...... ....--. .--.--.. ...-- -. .. - -. ..-- -...--- I
.: "., ,.',;". REVIEW BY OTHERS
The development proposal is not located within the geographical area requiring review by the
CRA (Community Redevelopment Agency).
Courtesy Notices:
A special courtesy notice was provided to the following Homeowners and Civic Associations:
· Lake Ida HOA
· 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.
P & Z Board Staff Report
Cornell Park - FLUM Amendment and Rezoning
Page 6
I -----._- --- I
ASSESSMENT AND CONCLUSION
The existing FLUM designation of LD (Low Density Residential) and zoning of R-1-AAA-B are
inappropriate for the site in light of the donated purpose of the property. The FLUM
amendment and rezoning will allow the development of the parcel as a neighborhood park.
As this is intended use of the property envisioned by the City and the immediate
neighborhood it appears appropriate to approve these changes. 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.
I ALTERNATIVE ACTIONS -,
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the Future Land Use
Map amendment from LD to OS and rezoning from R-1-AAA-B to OSR for Cornell
Park 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.
C. Move a recommendation of denial to the City Commission for the Future Land Use
Map amendment from LD to OS and rezoning from R-1-AAA-B to OSR for Cornell
Park 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(0) (5) of the Land
Development Regulations.
"' .. -. '1," STAF'F "RECoMMENDATION I
Move a recommendation of approval to the City Commission for the Future Land Use Map
amendment from LD to OS and rezoning from R-1-AAA-B to OSR for Cornell Park 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.
Attachments: Location map
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PLANNING 4< ZONING DEPARTI.IENT
- - DIGITAL BASE MAP SYSTEM -- toW' REF UAIHB
ORDINANCE NO. 44-05
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AMENDING THE FUTURE LAND
USE MAP DESIGNATION AS CONTAINED IN THE
COMPREHENSIVE PLAN FROM LD (LOW DENSITY
RESIDENTIAL 0-5 DUlAC) TO OS (OPEN SPACE); ELECTING
TO PROCEED UNDER THE SINGLE HEARING ADOPTION
PROCESS FOR SMALL SCALE LAND USE PLAN
AMENDMENTS; AND REZONING AND PLACING LAND
PRESENTLY ZONED R-1-AAA-B (SINGLE FAMIL Y
RESIDENTIAL) TO OSR (OPEN SPACE AND RECREATION)
DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED
AT THE NORTHEAST CORNER OF NW 9TH STREET AND NW
4TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA,
APRIL 2005"; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach, is the fee simple owner of a 3.4 acre parcel
of land located at the northeast corner of NW 9th Street and NW 4th Avenue; and
WHEREAS, the subject property hereinafter described has an existing Future Land
Use Map (FLUM) designation of LD (Low Density Residential 0-5 du/ac); and
WHEREAS, the owner of the property requested to change the Future Land Use Map
designation from LD (Low Density Residential 0-5 du/ac) to OS (Open Space); and
WHEREAS, the property hereinafter described is shown on the Zoning District Map
of the City of Delray Beach, Florida, dated April 2005, as being zoned R-1-AAA-B (Single
Family Residential) District; and
WHEREAS, at its meeting of June 20, 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 7 to 0 to recommend that the property hereinafter described be
rezoned, 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
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray
Beach, Florida, be amended to reflect the revised zoning classification.
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 Future Land Use Map designation of the subject property is
hereby officially affixed as OS (Open Space).
Section 3. 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(1 )(c)3.
Section 4. That the Zoning District Map of the City of Delray Beach, Florida, be,
and the same is hereby amended to reflect a zoning classification of OSR (Open Space
and Recreation) District for the following described property:
The Southwest one-quarter (SW %) of Lot 9, Subdivision of Section 8, Township 46
South, Range 43 East, less the West 25 feet thereof for road right-of-way, also less
the South 25 feet for road right-of-way and less the East 170 feet thereof more of
less.
Section 5. 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, to conform with the provisions of Section 4 hereof.
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.
2 ORD NO. 44-05
- ~-----
Section 8. That this ordinance shall become effective as follows: 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. 44-05
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJV\
SUBJECT: AGENDA ITEM # \C)r - REGULAR MEETING OF JULY 19.2005
ORDINANCE NO. 47-05 (SECOND READING/SECOND PUBLIC
HEARING)
DATE: JULY 15, 2005
This ordinance is before Commission for second reading and second public hearing for a City initiated
amendment to Land Development Regulations (LDR), 4.6.9 (B) (4), "Off-Street Parking Regulations;
Applicability", to provide a credit for parking under certain circumstances where a governmental entity
acquires property for public parking or parks.
At its meeting of January 18, 2005, the Commission approved an amendment to LDR Section 4.6.9(B)
to add subparagraph (4) to provide an mcentive to private property owners to sell land to accommodate
public parking facilities. In addition to parking, the need for public parks/spaces in the downtown area
has been identified. There is limited vacant property available in the downtown area, therefore, to
provide these open spaces, requires the acquisition of property that is currendy developed and contains
a structure or structures. In order to acquire lands for this purpose, it is in the public interest to credit
the private owner, from whom the land is acquired, with parking spaces it has vested right to, which are
transferable to other properties owned by the same property owner within 300 feet of the property
acquired by the governmental entity for public parks. The intent is to provide a property owner an
incentive to enable a governmental entity to acquire property in a manner that is mutually beneficial and
expeditious.
The Planning and Zoning Board held a public hearing at its meeting of June 20, 2005. There was no
public testimony regarding the proposed changes. After discussing the amendment, the Board voted 7-
o to recommend to the City Commission approval of the proposed amendment, by adopting the
findings of fact and law contained in the staff report and 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 July 5, 2005, the City Commission passed Ordinance No. 47-05.
Recommend approval of Ordinance No. 47-05 on second and final reading.
S:\City Clerk\agenda memos\Otd 47-05 LDR 469B4 ParkmgCredtt 071905
0/\
I -- CITY COMMiSsioN DOCUMENTATION - ~_. ~ -_.~ ~
__ n~_ ~= _ _=_~~ =__~ =_ _=~ _~ _= _ _~= _~=.I
TO: DAVID U::9ARDE~NAGER
THRU: PAUL lo~. DIRE(jP~ OF p. 0 ING
FROM: JEFFREY A. COSTEllO, ASSI DIRECTOR
SUBJECT: MEETING OF JULY 5, 2005
CITY-INITIATED AMENDMENT TO THE lAND DEVELOPMENT REGULATIONS
SECTION 4.6.9(B)(4) TO PROVIDE A CREDIT FOR PARKING UNDER CERTAIN
CIRCUMSTANCES WHERE A GOVERNMENTAL ENTITY ACQUIRES PROPERTY
FOR PUBLIC PARKING OR PARKS.
L____· __ .~~.--=. --- -=~=-:'--.__ BA~_~GRC?~ND-' ~~Ä!;.Y~lS ~.. - ~ -- - ._~:_~._ ~~-=- --=~ ~~,,=J
At its meeting of January 18, 2005, the City Commission approved an amendment to LDR Section
4.6.9(B) to add subparagraph (4) to provide an incentive to private property owners to sell land to
accommodate public parking facilities. In addition to parking, the provision of public parks/spaces in
the downtown has been identified as a significant need as the downtown area redevelops. There is
limited vacant property available in the downtown area that is suitable for public parks/plazas that is
appropriately located to maximize the public use and benefit. Therefore, to provide these open
spaces in the downtown requires the acquisition of property that is currently developed and contains a
structure or structures. In order to acquire lands for this purpose, it is in the public interest to credit
the private owner from whom the land is acquired with parking spaces it has vested rights to, which
are then transferable to other properties owned by the same property owner within 300 feet of the
property acquired by the governmental entity for public parks. The intent is to provide a property
owner an incentive to enable a governmental entity to acquire property in a manner that is mutually
beneficial and expeditious.
The Goals, Objectives and Policies of the City's Comprehensive Plan were reviewed and the
amendment specifically furthers Future Land Use Element Objective C-4, Future Land Use Element
Policy C-4.2, Open Space and Recreation Element Policy A-2.14 and Open Space and Recreation
Element Policy A-2.15. Additional background and analysis are found in the attached Planning and
Zoning Board Staff Report of June 20,2005.
IL_~· ....~.. ,,_=.,_ __n ,._!_~AN~!~~- A_~E Z~~I~~,.BÒ~_~D.~O~~ID~_~.A!io,~ '-.~~. -~.~.. '-..~=~:~, '11
At its meeting of June 20, 2005, the Planning and Zoning Board held a public hearing regarding the
amendment. There was no public testimony regarding the proposed changes. After discussing the
amendment, the Board voted 7-0 to recommend to the City Commission approval of the proposed
amendment, by adopting the findings of fact and law contained in the staff report, and 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.
[_ __ _~m ,-~. ,.~~ _~~~,. R_~_~O~M~~.~§D'~~~~OÑ .,._- _~~~-.- ..-: .~'- .. .. . __ ==~".-' ..~ -'-_. J
Approve on first reading the ordinance amending Land Development Regulations Section 4.6.9(B){4),
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 July 19, 2005.
Attachment: Planning & Zoning Board Staff Report of June 20, 2005 & Proposed Ordinance
\CJß
pU~':8~~ OURAY BE4CH
1Ita7~a'tI PLANNING AND ZONING BOARD ~
AI~_Citr AI~_Cíly
'III'! MEMORANDUM STAFF REPORT ' I II ,!
1(19$ 1993
~O~1 2001
MEETING DATE: JUNE 20, 2005
AGENDA ITEM: IV. K. - CONSIDERATION OF A CITY-INITIATED AMENDMENT
LAND DEVELOPMENT REGULATIONS SECTION 4.6.9(B)(4) TO
PROVIDE A CREDIT FOR PARKING UNDER CERTAIN
CIRCUMSTANCES WHERE A GOVERNMENTAL ENTITY ACQUIRES
PROPERTY FOR PUBLIC PARKING OR PARKS.
II' .... ....: ...~...- .. .. ... - .- . - . -.. I!
ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission
regarding an amendment to the Land Development Regulations Section 4.6.9(B)(4), pursuant
to LDR Section 2.4.5(M)(5).
Pursuant to Section 1.1.6(A), an amendment to the Land Development Regulations may not
be made until a recommendation is obtained from the Planning and Zoning Board.
~.~. .. -.-. ..... .- ....--- -. - - -- =--"-- .-- ~. "-.--J
. ,- BACKGROUND
.-- . .---- ...- -. - ..- . ... . ---.--.. .--.....-..- ---.
.----. . - At its meeting of January 18, 2005, the City Commission approved and amendment to LDR
Section 4.6.9(B) to add subparagraph (4) to provide an incentive to private property owners
to sell land to accommodate public parking facilities. The amendment was made based on
the Goals, Objectives and Policies of the City's Comprehensive Plan that relate to the
provision of public parking as well as the adopted Downtown Delray Beach Master Plan,
which also identifies parking needs.
In addition to parking, the provision of public parks/spaces in the downtown has been
identified as a significant need as the downtown area redevelops. There is limited vacant
property available in the downtown area that is suitable for public parks/plazas that is
appropriately located to maximize the public use and benefit. Therefore, to provide these
open spaces in the downtown requires the acquisition of property that is currently developed
and contains a structure or structures. In order to acquire lands for this purpose, it is in the
public interest to credit the private owner from whom the land is acquired with parking spaces
it has vested rights to, which are then transferable to other properties owned by the same
property owner within 300 feet of the property acquired by the governmental entity for public
parks. The intent is to provide a property owner an incentive to enable a governmental entity
to acquire property in a manner that is mutually beneficial and expeditious. The distance of
300 feet was derived from and is consistent with the distance requirement currently in the
Land Development Regulations associated with off-site parking agreements. In the off-site
parking agreement situation, the 300 feet is measured along an acceptable pedestrian route.
IV.K.
Planning and Zoning Board Staff Report
LOR Amendment -Off-Street Parking Regulations regarding Vesting Parking
Page 2
LOR Section 2.4.5(M)(5) (Findinas): Pursuant to LOR 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 Goals, Objectives and Policies of the City's Comprehensive Plan were reviewed and the
following are noted:
Future Land Use Element Objective C-4
The Central Business District (CBD) represents the essence of what is Delray Beach i.e. a
"village like, community by the sea". The continued revitalization of the CBD is essential to
achieving the overall theme of the City's Comprehensive Plan of '~ City Set Apart In South
Florida ". The following policies and activities shall be pursued in the achievement of this
objective.
Future Land Use Element Policy C-4.2: The "Downtown Delray Beach Master Plan" was
adopted by the City Commission on March 19, 2002. Covering the downtown business
districts surrounding the Atlantic A venue corridor between 1-95 and A-1-A, it represents the
citizens' vision for the growth and unification of Delray Beach, while still retaining the "village
like, community by-the-sea" character of the CBD. The Plan addresses a wide range of
issues including in fill development, neighborhood parks, shared parking, public art, the
roadway and alleyway systems, marketing/economic development, and the need to modify
the Land Development Regulations to include design guidelines to retain the character of
Delray Beach. Future development and redevelopment in this area shall be consistent with
the Master Plan.
Oøen Søace and Recreation Element Policy A-2.14: All planning for park and recreational
facilities shall be in accordance with the adopted City of Delray Beach Parks and Recreation
System Master Plan.
Oøen Søace and Recreation Element Policy A-2.15: The City shall establish an Urban
Park as part of the expansion of Old School Square Cultural Center. Multiple funding sources
are to be pursued and the development should be accomplished by FY 2006/07.
The fundamental aim of public spaces is to generate a sense of community and social unity
and interaction. The summary of the citizen's requests identified in the Downtown Delray
Beach Master Plan included the provision of a public plaza/square along West Atlantic
Avenue, which would serve as destination and a setting to host structured or communal
activities - festivals, celebrations, markets and specialized functions. Expansion of Old
School Square to accommodate an urban park as well as a parking garage facility is a project
that has been contemplated for many years and was evaluated as part of the Downtown
Delray Beach Master Plan. Open Space and Recreation Policy A-2.15 refers to establishment
of an urban park, and the Parks and Recreation Master Plan identifies expansion of Old
School Square, which has been identified as the cornerstone to the revitalization of the
downtown area and the City as a whole. The proposed text amendment is intended to
Planning and Zoning Board Staff Report
LDR Amendment -Off-Street Parking Regulations regarding Vesting Parking
Page 3
provide an incentive for private property owners to sell land to accommodate public parks in
addition to parking structures. It also provides an alternative to supplement more traditional
methods of acquiring property for public purposes.
Based upon the above, the proposed text amendment is consistent with and furthers the
Goals, Objectives and Policies of the Comprehensive Plan.
L?::' .,-,' ___,_=__~_.__~__ __ _~.lTE~NA~~'{~:A~!IC?NS= ___ ~-___-n =_ ~.:=~ - ,~~~
1. Continue with direction.
2. Move to recommend to the City Commission approval of the attached amendment to
the Land Development Regulations (LDRs) Section 4.6.9(B)(4), 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 (LDRs) Section 4.6.9(B)(4) 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 --- --.._-- ---- .- ----- ---- .-- --I:
.--.....--- ....----
RECOMMENDED ACTION
I.~-- _________ _-=. --... ----- . ---- ..----- .--- .-_. . .-- . . -- ~
----- ..--- . ---- ----" -- By motion, recommend to the City Commission approval of the attached amendment to the
Land Development Regulations (LDRs) Section 4.6.9(B)(4) 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.
Attachment: Proposed Ordinance
ORDINANCE NO.'" -05
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ARTICLE 4.6,
"SUPPLEMENTAL DISTRICT REGULATIONS" OF THE LAND
DEVELOPMENT REGULATIONS SECTION 4.6.9, "OFF-STREET
PARKING REGULATIONS", SUBSECTION (B) "APPLlCABLlTY",
BY AMENDING SUBSECTION 4.6.9(B)(4) PROVIDING A CREDIT
FOR PARKING UNDER CERTAIN CIRCUMSTANCES WHERE A
GOVERNMENTAL ENTITY ACQUIRES PROPERTY FOR PARK
PURPOSES OR PUBLIC PARKING; PROVIDING A SAVINGS
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, governmental entities have acquired property for public parking purposes and
public park purposes from private owners; and
WHEREAS, in order to acquire lands for parking, it is in the public interest to credit the private
owner from whom the land is acquired with parking spaces it has vested rights to, on private property,
provided the private property is within 300 feet of the property acquired by the governmental entity for
public parking or for park purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA:
Section 1. That Article 4.6, "Supplemental District Regulations", of the Land Development
Regulations is hereby amended by amending 4.6.9(B), "Applicability", by amending subsection
4.6.9(B)(4) to read as follows:
(B) Applicability:
(1) Off-street parking facilities shall be provided in the following situations:
(a) For any new building constructed;
(b) For any new category of use established including a new
conditional use;
(c) For any addition or enlargement of an existing building or use;
(d) For any change in the occupancy of an existing building or the
manner in which a use is conducted that would result in
additional parking spaces being required.
(2) For items (c) and (d) from above, the additional parking spaces shall be
required only for such addition, enlargement, or change and not for the entire building or use, unless
required as a condition of approval associated with the approval of the addition, enlargement or
change.
(3) When existing parking is diminished by an addition or enlargement and
such parking had been previously required, or would be required if the use were established at this
point in time, such parking spaces must be replaced and be in addition to those spaces required for
the addition or enlargement.
(4) Notwithstanding the foregoing, effective January 1, 2005, if private land
is acquired by a governmental entity for parking or park purposes, the parking spaces attributed to the
demand created by the building square footage and use that existed on the land acquired by the
governmental entity (less the number of spaces that existed on the property so acquired) shall be
credited to land owned by private owner(s) if the land owned by the private owner(s) is located within
300 feet of the land acquired by the governmental entity for parking or park purposes.
(5) The requirements of this Section shall apply for temporary uses as well
as permanent uses.
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 the
day of ,2005.
MAYOR
ATTEST:
CITY CLERK
First Reading
Second Reading
MEMORANDUM
TO: MAYOR AND CIlY COMMISSIONERS
FROM: CIlY MANAGERWV1
SUBJECT: AGENDA ITEM # \Ob - REGULAR MEETING OF JULY 19, 2005
ORDINANCE NO. 46-05 (SECOND READING/SECOND PUBLIC
HEARING)
DATE: JULY 15, 2005
This ordinance is before Comtnlssion for second reading and second public hearing for a City initiated
amendment to Land Development Regulations (LOR), 4.4.21 (B), "Principal Uses and Structures
Allowed", to add Clubs and Lodges which do not serve alcohol as a PeffiÙtted Use within the
Community Facilities (CF) Zoning District.
The proposed text amendment is to add "Clubs and Lodges provided that alcoholic beverages shall not
be served or consumed on the property" to the list of principal uses and structures allowed as
Permitted Uses in the CF Zoning District.
The "Purpose and Intent" for the CF Zoning District is a special purpose zone district primarily, but
not exclusively, intended for locations at which facilities are provided to serve public, semi-public, and
private purposes. The district allows both public and private facilities, which provide community
services or recreational uses, which are similar in nature to Clubs and Lodges. Given the other types of
uses permitted in the CF District, including religlOus and educational facilities, it is appropriate to
restrict the consumption of alcohol on property within this district. Therefore, since the sale and
consumption of alcoholic beverages is a major component of some types of Clubs and Lodges, a
restriction is appropriate if this use is to be added to the district. Clubs and Lodges that are not
restricted with regard to alcoholic beverages are currendy allowed in the GC (General Commercial) and
PC (planned Commercial) Districts as Conditional Uses.
The Planning and Zoning Board held a public hearing at its meeting of June 20, 2005. There was no
public testimony regarding the proposed changes. After discussing the amendment, the Board voted 7-
o to recommend to the City Commission approval of the proposed amendment, by adopting the
findings of fact and law contained in the staff report and finding that the request is consistent with the
Comprehensive Plan and meets the criteria set forth in LOR Section 2.4.s(M) (Amendment to Land
Development Regulations).
At the first reading on July 5,2005, the City Commission passed Ordinance No. 46-05.
Recommend approval of Ordinance No. 46-05 on second and final reading.
S.\City Oerk\agenda memos\Ord 46-05 LDR 4 4.218 Clubs Lodges 071905
- - ----------
I" . . '. CI¡YCþ~MJSSlbN trOCUM.ÊNTAtJON' ----~~
.
-== --=-- -- - - -
TO: DAVIDF~ANAGER
THRU: PAUL ORLlNG, DIR R OF PLANN G
FROM: JEFFREY A. COSTELLO, ASSISTANT,
SUBJECT: MEETING OF JULY 5, 2005
CITY -INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
SECTION 4.4.21 (B) TO ADD CLUBS AND LODGES WHICH DO NOT SERVE ALCOHOL
AS A PERMITTED USE WITHIN THE COMMUNITY FACILITIES (CF) ZONING DISTRICT.
L-- -.--.. ...-- .--...-....-...--..-..-- -- ---- .--. -- ..- I
--.- -._- ---- --'--"--'1,
BACKGROUND/ANALYSœ I'
-. - -- . - . -- - .---- . ...- .... .-- --. - ... -... -- --. .-- - --......
- ...-- .--- ---- The proposed text amendment is to add "Clubs and Lodges provided that alcoholic beverages shall not be
served or consumed on the property" to the list of principal uses and structures allowed as permitted uses in
the CF (Community Facilities) zoning district [LOR Section 4.4.21(B)]:
The "Purpose and Intent" for the Community Facilities zone district describes it as a special purpose zone
district primarily, but not exclusively, intended for locations at which facilities are provided to serve public,
semi-public, and private purposes. The district allows for a wide range of uses which generally support the
community. These include both public and private facilities, which provide community services or
recreational uses which are similar in nature to Clubs and Lodges. Given the other types of uses permitted
in the district, including religious, and educational facilities, it is appropriate to restrict the consumption of
alcohol on property within this district. Therefore, since the sale and consumption of alcoholic beverages is
a major component of some types of clubs and lodges, a restriction is appropriate if this use is to be added
to the district. Clubs and lodges that are not restricted with regard to alcoholic beverages are currently
allowed in the GC (General Commercial) and PC (Planned Commercial) districts as conditional uses.
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 additional flexibility to accommodate a community need.
While the amendment does not fulfill a specific Goal, Objectives, and Policies of the Comprehensive Plan, it
is not inconsistent with them.
1...-- . _...___.... .__._..1 ._1... ... ..__.._.......__.. ..__. ...... ....-.. - . . n_-. ... . . . I
PLANNING AND ZONING BOARD CONSIDERATION
- .. ....--. . .. -. I. ~ . II. ...
At its meeting of June 20, 2005, the Planning and Zoning Board held a public hearing regarding the
amendment. There was no public testimony regarding the proposed changes. After discussing the
amendment, the Board voted 7-0 to recommend to the City Commission approval of the proposed
amendment, by adopting the findings of fact and law contained in the staff report, and 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.
r- -. -. ----. ---. .-- .--. --"- --' -.-- -. --'" -- I
~ _'.~~' =~._~~ R:ECO!!,~~~DËD A~TlþN .-: -:-,. ~-~=~_.: _ ._~~~.. --.-....J
- -- ----
----- - -- Approve on first reading the ordinance amending Land Development Regulations Section 4.4.21(B)
"Principal Uses and Structures Allowed", to add "Clubs and Lodges provided that alcoholic beverages shall
not be served or consumed on the property," as a permitted use within the Community Facilities (CF)
district, 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 July 19, 2005.
Attachments: Planning and Zoning Board Staff Report of June 20, 2005 & Proposed Ordinance
\\:JA
pE,l~~BfA?! OElKAY BEACH
~__Â~iI PLANNING AND ZONING BOARD bð:d
-CIty AJI.AmerIcaClty
, IIII! MEMORANDUM STAFF REPORT ' 1111:
1993 ¡q9J
2001 2001
MEETING OF: JUNE 20, 2005
AGENDA ITEM: IV.J. CITY INITIATED AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS SECTION 4.4.21 (B) TO ADD CLUBS AND LODGES
WHICH DO NOT SERVE ALCOHOL AS A PERMITTED USE WITHIN
THE COMMUNITY FACILITIES (CF) ZONING DISTRICT.
~~~.~~t~~\,'· :·~J?~-~~F.~Rl!HE--~~~R~~~_~·~:~ .~:~.. . '._~~_'.. ;:;:~J
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 4.4.21
regarding clubs and lodges, pursuant to LDR Section 2.4.5(M).
Pursuant to Section 1.1.6, an amendment to the LDRs may not be made until a
recommendation is obtained from the Planning and Zoning Board.
~~~~r"·~~)t"¿KG~R(jUÑ[j~··~ ·-::;:-¡:....,..Ã!<·-.:··..· '.-:- . ---==_.--¡;....:".,y.'...~
__ ,,_~: _ .,: 10:";""._. :_~.~_.: ~-:~'...~. ':- $:~~:'~ .;\.~- _. _ _~.=-__ "=-_. ~.. ._:_~.:?' '··to .~.-:~_:' ,. ~.:;" ...,.."...._ . ..;;'::::. ·n,.:
On March 15, 2005, the City Commission adopted Resolution No. 8-05 authorizing the sale of
the property at 1700 Lake Ida Road to the CRC Recovery Foundation for relocation of the
Crossroads Club. The sale closed on April 28, 2005. The current zoning on the property is CF
(Community Facilities). Although this district permits a wide range of uses for community
services and recreational functions, clubs and lodges are not specifically listed as a permitted
use within the district.
The proposed text amendment is to add the following use to the list of principal uses and
structures allowed as permitted uses in the CF (Community Facilities) zoning district [LDR
Section 4.4.21 (B)]:
"Clubs and Lodges provided that alcoholic beverages shall not be served or consumed on the
property"
~~~_tm·:·~f:'i;·CO:ÄM- ;-·..-:-;;::-:··tllf·..·j!ÿ· '~-. ..,.'. .- :;-,:;;..- :.~~ -·~"'f]1
_ ___ .____:" ~:;~~::.>o;..~~ ""__~~ _~_ ~:.... ~~==-§~.~ME~. ~~~ Sl~~:.~\,.:::.:~:·..·t.__,:_. =,._~ ".,_~:
LDR Section 2.4.5(M)(5} Findings: Pursuant to LOR 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" for the Community Facilities zone district describes it as a special
purpose zone district primarily, but not exclusively, intended for locations at which facilities are
provided to serve public, semi-public, and private purposes. Such purposes include
governmental, religious, educational, health care, social service, and special facilities.
IV. J.
Planning and Zoning Board Memorandum Staff Report
LDR Amendment - Clubs and Lodges in CF zoning district
Page 2
The district allows for a wide ranges of uses which generally support the community. These
include both public and private facilities which provide community services or recreational uses
which are similar in nature to Clubs and Lodges. Given the other types of uses permitted in the
district, including religious, and educational facilities, it is appropriate to restrict the consumption
of alcohol on property within this district. Therefore, since the sale and consumption of alcoholic
beverages is a major component of some types of clubs and lodges, a restriction is appropriate
if this use is to be added to the district. Clubs and lodges that are not restricted with regard to
alcoholic beverages are currently allowed in the GC (General Commercial) and PC (Planned
Commercial) districts as conditional uses.
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 LOR amendment provides additional flexibility to
accommodate a community need. While the amendment does not fulfill a specific Goal,
Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them.
~,,,. -;t._ - ;-:A\'ItÞ.t;~.:,1oc"! 9·-·......::;:-;-;;.-...-; "'REVIE¥i BY ÓTHERŠ ,:~-:-:--;:- :::--==:--------=- - - --==----=--;JI
___-- t.··"~~~_. ::..:"':':f_~,="~.~_ .1. ·.:;n:r~_. .:~ '.... "-:.-::-=. """:"::"'__ -:.-:-==-__.. "-:'_":. . ..._".__ . _-:.:-_ ....._.~ -":=:i
Community Redevelopment AQency: At its meeting of June 9, 2005, the CRA Board
reviewed the proposed LOR amendment and unanimously recommended approval.
Downtown Development Authoritv: At its meeting of June 13, 2005, the DDA Board
reviewed the proposed LDR amendment and unanimously recommended approval.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
· PROD (Progressive Residents of Delray)
· Presidents Council
· Chamber of Commerce
Letters of objection or support, if any, will be provided at the Planning and Zoning Board
meeting.
~~-"~~·.~"~~~E~VÑlENDEDicTiôÑt~It~:~:_--:-'-;" -: ': - .~.~ :.:;:< --- -- -~- r'-TI
:.~.._~. ."W ." ..~..~ )..'!::.""";;¡' ~"" . :.~n_- _.::'.=-_ _.===-_"_ _-==-__ :-:-_. :.:~.. _ ...""':'= :_" .~-==-_ .___" ·__~~·r..
Move to recommend to the City Commission approval of the attached amendment to the Land
Development Regulations Section 4.4.21(B) "Principal Uses and Structures Allowed", to add
"Clubs and Lodges provided that alcoholic beverages shall not be served or consumed on the
property," as a permitted use within the Community Facilities (CF) district, 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.
Attachment:
· Proposed Amendment
Planning and Zoning Board Memorandum Staff Report
LDR Amendment - Clubs and Lodges in CF zoning district
Page 3
Proposed Amendment
Section 4.4.21 Community Facilities (CF) District:
(B) Principal Uses and Structures Allowed: The following types of use are allowed within
the CF District as a permitted use:
(1 ) Governmental, such as: civic centers, courts, courthouses, temporary holding
facilities, fire stations, governmental offices, public health facilities, law enforcement offices and
facilities, post offices, public utility facilities (e.g. lift stations), water storage tanks, water
treatment plants, water wells, wastewater treatment plants, drainage facilities.
(2) Community, such as: civic centers, community centers, community theater,
cultural facilities and auditoriums, arts and crafts centers, libraries, museums, public parking lots
and garages.
(3) Recreation, such as: community centers, tennis centers, swimming centers.
(4) Services, such as: abused spouse residences, child care centers, day care
centers.
(5) Religious, such as: churches and places of worship with attendant uses of day
care, pre-school, educational facilities, and with other normal educational (Sunday school) and
recreational facîlîties, and support facîlîties (e.g., parsonage).
(6) Restricted usage allowed pursuant to an ordinance enacted to sever
developments rights under a Transfer of Developments (TOR). (See Section 4.6.20).
(7) Public educational facilities of The School District of Palm Beach County,
pursuant to the regulations set forth in Section 4.3.3 (HH).
(8) Clubs and Lodqes provided that alcoholic beveraQes shall not be served
or consumed on the property.
ORDINANCE NO. 46-05
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 4.4.21, "COMMUNITY FACILITIES (CF)
DISTRICT", SUBSECTION 4.4.21(8), "PRINCIPAL USES AND
STRUCTURES ALLOWED", TO ADD CLUBS AND LODGES
WHICH DO NOT SERVE ALCOHOL AS A PERMITTED USE
WITHIN THE CF DISTRICT; 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 June 20, 2005 and voted 7 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 fmds 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 I. That the recitations set forth above are incorporated herein.
Section 2. That Section 4.4.21, "Community Facilities (CF) District", Subsection
4.4.21(8), "Principal Uses and Structures Allowed", of the Land Development Regulations of the
Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to
read as follows:
Section 4.4.21 Community Facilities (CF) District:
(B) Principal Uses and Structures Allowed: The following types of use are allowed within the CF
District as a permitted use:
(1) Governmental, such as: civic centers, courts, courthouses, temporary holding facilities, fire
stations, governmental offices, public health facilities, law enforcement offices and facilities, post offices,
public utility facilities (e.g. lift stations), water storage tanks, water treatment plants, water wells,
wastewater treatment plants, drainage facilities.
(2) Community, such as: civic centers, community centers, community theater, cultural
facilities and auditoriums, arts and crafts centers, libraries, museums, public parking lots and garages.
(3) Recreation, such as: community centers, tennis centers, swimming centers.
(4) Services, such as: abused spouse residences, child care centers, day care centers.
(5) Religious, such as: churches and places of worship with attendant uses of day care, pre-
school, educational facilities, and with other normal educational (Sunday school) and recreational
facilities, and support facilities (e.g., parsonage).
(6) Restricted usage allowed pursuant to an ordinance enacted to sever developments rights
under a Transfer of Developments (TDR). (See Section 4.6.20).
(7) Public educational facilities of The School District of Palm Beach County, pursuant to the
regulations set forth in Section 4.3.3 (HH).
(8) Clubs and Lodges provided that alcoholic beverages shall not be served or consumed on
the property.
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
2 ORD. NO. 46-05
MEMORANDUM
TO: MAYOR AND CITI COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # \ Q \-\ - REGULAR MEETING OF JULY 19, 2005
ORDINANCE NO. 48-05 (SECOND READING/SECOND PUBLIC
HEARING)
DATE: JULY 15,2005
This ordinance is before Commission for second reading and second public hearing for a City initiated
amendment to Land Development Regulations (LDR), 4.3.3(D), "Residential and Non-Residential
Licensed Service Provider Facilities", and Appendix "A", "Definitions", regarding Prevention
Education Service Providers.
The current definition of Residential Licensed Service Providers in LDR 4.3.3(D) is inconsistent with
the definition in Appendix "A", "Definitions". To have consistent definitions of Residential Licensed
Service Providers throughout the LDR's and the Appendix, and to encourage prevention education
regarding alcohol and drug abuse; Licensed Service Providers that are licensed under Chapter 397,
Florida Statutes for the sole purpose of providing prevention education should be excluded from the
definitions of Residential and Non-Residential Licensed Service Providers, since prevention education
does not involve medical treatment and is not residential in nature. This exclusion would only apply to
Licensed Service Providers that are licensed under Chapter 397 for the sole purpose of providing
prevention as defined by Section 397.311 (18)(g), Florida Statutes.
The Planning and Zoning Board held a public hearing at its meeting of June 20, 2005. There was no
public testimony regarding the proposed changes. After discussing the amendment, the Board voted 7-
o to recommend to the City Commission approval of the proposed amendment, by adopting the
findings of fact and law contained in the staff report and finding that the request is consistent with the
Comprehensive Plan and meets the critena set forth in LDR Section 2.4.s(M) (Amendment to Land
Development Regulations).
At the first reading on July 5, 2005, the City Commission passed Ordinance No. 48-05.
Recommend approval of Ordinance No. 48-05 on second and final reading.
S.\Clty CIerk\agenda memos\Ord 48-{)5 LDR 433D Prevention EducatlOn Servtce ProVlders 071905
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TO:
THRU: OF PLANNING AND ZONING
FROM: LO, ASSISTANT PLANNING DIRECTOR
SUBJECT: MEETING OF JULY 5, 2005
CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
SECTION 4.3.3(D) AND APPENDIX "A" DEFINITIONS REGARDING PREVENTION
EDUCATION SERVICE PROVIDERS.
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The current definition of Residential Licensed Service Providers found in LOR Section 4.3.3(0) is
inconsistent with the definition in Appendix "A" Definitions. The desire is to have consistent definitions -
of Residential Licensed Service Providers throughout the City's Land Development Regulations and
its Appendix of Definitions. A proactive approach to prevent alcohol and drug abuse is needed;
therefore the City encourages Prevention Education regarding alcohol and drug abuse. In order to
help encourage Prevention Education, those Licensed Service Providers that are licensed under
Chapter 397, Fla. Stat. for the sole purpose of providing Prevention Education should be excluded
from the definitions of Residential and Non-Residential Licensed Service Providers since Prevention
Education does not involve medical treatment and is not residential in nature. This exclusion would
only apply to licensed service providers that are licensed under Chapter 397 for the sole purpose of
providing prevention as defined by Section 397.311 (18)(g), Florida Statutes.
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.
While the amendment does not fulfill a specific Goal, Objectives, and Policies of the Comprehensive
Plan, it is not inconsistent with them.
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At its meeting of June 20, 2005, the Planning and Zoning Board held a public hearing regarding the
amendment. There was no public testimony regarding the proposed changes. After discussing the
amendment, the Board voted 7-0 to recommend to the City Commission approval of the proposed
amendment, by adopting the findings of fact and law contained in the staff report, and 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.
rL- -:~-__: ~~_~ ~.__" -- .__~_ ·R~CÕM~EN-~~~ A~il0N~_·..~~---=_·~· ~-.-'-~~~___- ____ -- -~_ -jl
.__ _. __ - ___ ___ ._ ___ _" _..__ ___ ___ __ . __ __ _n
Approve on first reading the ordinance amending Land Development Regulations Section 4.3.3(0)
and Appendix "A" Definitions regarding Prevention Education Service Providers, 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 July 19, 2005.
Attachments: Proposed Ordinance
\O~
City Commission Documentation
LOR Text Amendment -Definition of Prevention Education Service Providers
Page 2
ORDINANCE NO. 48-05
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRA Y
BEACH, FLORIDA, BY AMENDING APPENDIX "A",
"DEFINITIONS", BY REPEALING THE DEFINITION OF
"RESIDENTIAL LICENSED SERVICE PROVIDER", IN ITS
ENTIRETY AND ENACTING A NEW DEFINITION FOR
"RESIDENTIAL LICENSED SERVICE PROVIDER" IN ORDER
TO PROVIDE A MORE CONSISTENT DEFINITION OF SAME
AND ENACTING A NEW DEFINITION FOR "PREVENTION
EDUCATION SERVICE PROVIDERS" AND AMENDING
SECTION 4.3.3(0), "RESIDENTIAL AND NON-RESIDENTIAL
LICENSED SERVICE PROVIDER FACILITIES", IN ORDER
TO EXCLUDE THOSE LICENSED SERVICE PROVIDERS
THAT ARE LICENSED UNDER CHAPTER 397 FOR THE
SOLE PURPOSE OF PROVIDING PREVENTION AS
DEFINED BY SECTION 397.311(18)(g), FLA. STAT.;
PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach desires to have
consistent definitions of Residential Licensed Service Providers throughout the City's Land
Development Regulations and its Appendix of Definitions; and
WHEREAS, the City Commission of the City of Delray Beach desires to be proactive
and encourage Prevention Education regarding alcohol and drug abuse; and
WHEREAS, in order to help encourage Prevention Education, the City Commission of
the City of Delray Beach believes that those Licensed Service Providers that are licensed
under Chapter 397, Fla. Stat. for the sole purpose of providing Prevention Education should
be excluded from the definitions of Residential and Non-Residential Licensed Service
Providers since Prevention Education does not involve medical treatment and is not
residential in nature.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Appendix "A", "Definitions", of the Land Development Regulations of
the City of Delray Beach, Florida, is hereby amended to read as follows:
Residential Licensed Service Provider shall mean a service provider or
facilitv licensed under Chapter 397, Fla. Stat. for the purposes of providinq a
structured live-in environment within a non hospital settinq on a 24-hours-a-dav, 7
davs-a-week basis, and which includes:
City Commission Documentation
LOR Text Amendment -Definition of Prevention Education Service Providers
Page 3
(a) Facilities that provide room and board and treatment and rehabilitation
within the primary residential facility: and
(b) Facilities that are used for room and board only and in which treatment
and rehabilitation activities are provided on a mandatory basis at
locations other than the primary residential facilitv. In this case, facilities
used for room and board and for treatment and rehabilitation are
operated under the auspices of the same provider and IicensinQ and
reQulatorv requirements would apply to both the residential facility and all
other facilities in which treatment and rehabilitation activities occur.
Prevention Education Service Provider shall mean a service provider or
facility licensed under Chapter 397. Fla. Stat. for the sole purpose of providinQ
Prevention Education Services as defined in 397.311(18)(Q), Fla. Stat. aimed at
precludinQ. forestaiii nQ, or impedinQ the development of substance abuse problems in
order to promote responsible personal and social Qrowth of individuals and families
toward full human potential.
Section 2. That Section 4.3.3(0), "Residential and Non-Residential Licensed
Service Provider Facilities", of the Land Development Regulations of the City of Oelray
Beach, Florida, is hereby amended to read as follows:
(0) Residential and Non-Residential Licensed Service Provider Facilities:
Unless otherwise specified, the following provisions apply to Residential Licensed
Service Provider Facilities. Non-Residential Licensed Service Provider Facilities are
considered medical offices for purposes of zoning classification and regulation
Prevention Education Service Providers as defined in Appendix "A" are separate
entities and are excluded from this section.
(1 ) "Residential Licensed Service Provider Facility": Shall mean
a service provider or facility licensed under Chapter 397, Fla. Stat. for the purposes of
that providesinQ a structured live-in environment within a non hospital setting on a 24-
hours-a-day, 7-days-a-week basis, and which includes:
(a) Facilities that provide room and board and treatment and
rehabilitation within the primary residential facility; and
(b) Facilities that are used for room and board only and in
which treatment and rehabilitation activities are provided on
a mandatory basis at locations other than the primary
residential facility. In this case, facilities used for room and
board and for treatment and rehabilitation are operated
under the auspices of the same provider, and licensing and
regulatory requirements would apply to both the residential
facility and all other facilities in which treatment and
rehabilitation activities occur.
City Commission Documentation
LOR Text Amendment -Definition of Prevention Education Service Providers
Page 4
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 passage.
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
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJ?1
SUBJECT: AGENDA ITEM # \OI - REGULAR MEETING OF JULY 19, 2005
ORDINANCE NO. 52-05 (AMENDING CHAPTER 35. "EMPLOYEE
POLICIES AND BENEFITS")
DATE: JULY 15,2005
This ordinance is before Commission for second reading and public hearing to amend 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 adopt changes to a
previously enacted ordinance that mistakenly lettered the optional enhanced multiplier as 35.097(C)
instead of 35.097(N).
At the first reading on July 5, 2005, the Commission passed Ordinance No. 52-05.
Recommend approval of Ordinance No. 52-05 on second and final reading.
S:\City Clerk\agenda memo\Ord\Ord 52-05 Enhanced Multiplier Lettering 071905
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\
[IT' OF DELIAY BEA£H
CITY ATTORNEY'S OFFICE 200 '\[\V ht AVEl\'L'E· DELRAY BEACH. FLORIDA 33444
TELEPI-IO\iE 56 ì !243-7090 . FACSI'\IILE 561/278-4755
DELRAY BEACH Writer's Direct Line: 561/243-7091
F lOR I D A
D.e:I:II
All-America City MEMORANDUM
" II J! DATE: June 24, 2005
1993 TO: City Commission
2001
FROM: Susan A. Ruby, City Attorney
SUBJECT: Ordinance No. 52-05
The ordinance adopts changes to a previously enacted ordinance that was
mislettered. This ordinance insures that 35.097(C) is a valid paragraph that has
not been repealed and reletters the optional enhanced multiplier that was
mistakenly lettered 35.097(C) to 35.097(N).
~/~
SAR:ci
Attachment
Cc: Chevelle Nubin, City Clerk
James W. Linn, Esq.
.
\~1=
ORDINANCE NO. 52-OS
AN ORDINANCE OF THE CI1Y COMMISSION OF THE
CI1Y OF DELRA Y BEACH, FLORIDA, AMENDING
CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS",
SUBHEADING "RETIREMENT PLAN", OF THE CODE OF
ORDINANCES OF THE CI1Y OF DELRA Y BEACH,
FLORIDA, BY AMENDING SECTION 35.097, "RETIREMENT
INCOME; BASIS, AMOUNT, AND PAYMENT", TO PROVIDE
A CORRECTION TO THE LETTERING CHANGING THE (C)
TO (N) AS IT PERTAINS TO AN OPTIONAL ENHANCED
MULTIPLIER AND TO ENSURE THAT FORMER SECTION
"C" IS IN FULL FORCE AND EFFECT; PROVIDING A
GENERAL REPEALER CLAUSE; A V ALIDI1Y CLAUSE; AND
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CI1Y COMMISSION OF THE CI1Y OF DELRA Y
BEACH AS FOLLOWS:
Section 1. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement
Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending
Section 35.097, "Retirement Income; Basis, Amount and Payment", by correcting the lettering of
the subsection dealing with the "Optional Enhanced Multiplier" from (C) to (N) and providing that
fonner Section (C) was not intended to have been repealed and has not been repealed by the
mislettering, with the correction to read as follows:
Sec. 35.097. RETIREMENT INCOME; BASIS, AMOUNT, AND PAYMENT.
(C) Disability Retirement and Retirement In-come.
(1) Disability Retirement. A participant may retire from the service of the C i t Y
under the plan if he or she becomes totally and permanendy disabled, as defined in sub-
section (C)(2) of this Section, on or after the effective date of this Section. This type of
retirement shall be referred to as disability retirement.
(2) Total and Permanent Disability. A participant will be considered totally disabled
if, in the opinion of the Retirement Committee, the participant is wholly pre-vented
from engaging in any occupation for wage or profit; and a participant will be
considered pennanendy disabled if, in the opinion of the Committee, the participant
is likely to remain so disabled continuously and permanendy from a cause other than
those specified in subsection (C)(3) of this Section.
(3) Disqualifying Causes of Disability. A participant will not be entided to receive any
disability retirement income if, in the opinion of the Committee, the disability is a result of
(a) The participant's excessive or habitual use of drugs, intoxicants, or nar-
cotics;
(b) Injury or disease sustained by the participant while willfully and illegally
participating in fights, riots, civil insurrections, or while committing a
felony;
--- -------
(c) Injury or disease sustained by the participant while serving in any [of the]
armed forces;
(d) Injury or disease sustained by the participant diagnosed or discovered
after the tennination of city employment;
(e) Injury or disease sustained by the participant while working for any-one
other than the City, and arising out of such employment; or
(f) Injury or disease sustained by the participant as a result of an act of war,
whether or not the act arises from a fonnally declared State of war.
(4) Proof of Disabiliry. The Committee, before approving the payment of any
disability retirement income, shall require satisfactory proof, in the form of a certificate
from a duly licensed physician selected or approved by the Committee, that the partic-
ipant has become disabled as provided herein. The Committee may require similar proof
of the continued disability of a participant after the commencement of disability
retirement income.
(5) Disabiliry retirement income.
(a) MonthlY income pqyabk.
(1) S ewice-Connected Disabili!J. The benefit payable to a participant who
retires from the service of the City due to total and pennanent disability
arising out of and in the course of city employment shall be a monthly
retirement income equal to seventy-five (75) percent of the participant's
final monthly compensation at the date of disability, subject to offsets
for social security and workers' compensation benefits in accordance
with subsection (q(5(a)(4) of this Section.
(2) Nonservice-Connected Disabiliry. The benefit payable to a participant who
retires from the service of the City due to total and permanent disability
not arising out of and in the course of city employment, after the
completion of ten (10) years of credited service, shall be an amount
equal to two (2) percent of final monthly compensation at the date of
disability, multiplied by the years and tenths of years of credited service,
subject to a maximum monthly retirement income of fifty (SO) percent
of final monthly compensation, and subject to offsets for social security
and workers' compensation-benefits in accordance with subsection
(D)(s)(a)(4) of this Section.
(3) [Optional Benefit.] If a participant with greater than ten (10) years of
credited service is eligible to receive a nonservice disability benefit of
less than fifty dollars ($50.00) per month under subsection (Q(s)(a)(2)
of this Section, the participant may elect to receive an optional benefit
payable commencing according to the provisions of subsection (Q(6)
of this Section and subject to subsection (E) of this Section. This
optional benefit will be equal to the product of "a" and "b", where "a"
is the number of years and tenths of years of credited service at the
date of disability, multiplied by two and one-half (2.5) percent of final
2 Ord. No. 52-05
---~--- --
monthly compensation, and ''b'' is the applicable actuarial reduction
factor to take into account the participant's younger age and the earlier
commencement of retirement income payments. If this option is
elected, the benefit payable will not be subject to the provision of
subsection (C)(5)(b0 of this Section, but will be payable as a normal
retirement benefit would be paid pursuant to subsection (A)(2) of this
Section, unless an optional fonn of payment is elected under
subsection (E) of this Section, in which case such election will define
the period of payment.
(4) [Reductions In reply to: benefits.] The disability retirement income
described above shall be reduced by Social Security and worker's
compensation wage-loss benefits received by the participant, as
follows. The reduction for Social Security benefits shall be in the
amount of the primary insurance amount only, not including any
family benefit. Any cost-of-living adjustments in the participant's
Social Security benefits shall not serve to reduce further the disability
retirement income payable &om the plan. The reduction for Social
Security benefits shall tenninate upon the retiree's attainment of age
65. Disability retirement income payable &om the plan shall be
reduced by workers' compensation wage-loss benefits received by the
participant to the extent that such benefits, when added to the
participant's disability retirement income &om the plan (adjusted for
Social Security benefits received, if applicable), exceed the participant's
final monthly compensation at the date of disability. Any cost of living
adjustments in the participant's workers' compensation benefits shall
not serve to reduce further the disability retirement income payable
&om the plan. In the case of a lump sum workers' compensation
settlement, the disability retirement income payable fonn the plan shall
be adjusted as follows:
(a) The amount of the lump sum settlement shall be divided by the
participant's remauung life expectancy (m months), as
determined using standard actuarial tables approved by the plan
actuary;
(b) If the number obtained in subsection (a), above, when added to
the participant's monthly disability retirement income &om the
plan, exceeds the partiClpant's final monthly compensation on
the date of disability, the amount of the excess shall be deducted
&om the participant's monthly disability retirement income
&om the plan, for the duration of the participant's remaining life
expectancy as determined in subsection (a), above.
3 Oed. No. 52-05
(c) If the number obtained in subsection (a), above, when added to
the participant's monthly disability retirement income from the
plan does not exceed the participant's final monthly
compensation on the date of disability, there shall be no
reduction of the partiClpant's disability retirement income from
the plan.
(b) Normal Retirement Income Commencing on the Cessation 0/ Disability Retirement
Income. If a participant's monthly disability retirement income from the
plan ceases pursuant to subsection (C)(6)(c) of this Section, normal
retirement income shall commence in accordance with this paragraph.
For the purpose of this subsection, a participant's credited service shall
include all periods of credited service as defined in Section 35.089 and
Section 35.093 of this subchapter, and all years and tenths of years
during which the participant received disability retirement income from
the plan. Upon cessation of disability retirement income pursuant to
subsection (C)(6)(c) of this Section, the participant shall begin receiving
monthly retirement income computed in the same manner as for normal
retirement in accordance with subsection (A)(l) of this Section, based
upon the participant's credited service as defined in this paragraph, and
projected rate of final monthly compensation (as defined in this
paragraph, below). The participant's projected rate of final monthly
compensation shall be detennined in accordance with Section 35.089(E)
of this subchapter, but based on the assumption that the participant's
rate of monthly basic compensation at the date of termination of city
employment due to disability would have continued without change to
the date disability retirement income ceased.
(6) Pqyment 0/ Disability Retirement Income. The monthly retirement income payable
upon disability retirement will be payable on the first day of each month. The
first payment will be made effective on the first day of the month following the
date on which the participant's disability has existed for five (5) months, or the
date on which the participant submits a written application for disability
retirement income, whichever is later. Disability retirement income will
continue to be paid in lieu of any other retirement income under the plan, until
the earliest of the following occurrences:
(a) If the participant recovers from disability, the last disability
retirement income payment will be the payment will be the payment
due next preceding the date of recovery.
(b) If the participant dies without recovering from disability, the last
payment will be the payment due next preceding the date of death.
4 Oni. No. 52-05
(c) For participants who become disabled at age sixty (60) or less,
disability retlrement income shall cease upon the date the participant
attains age sixty-five (65). For participants who become disabled after
age sixty (60), disability retirement income shall cease five (5) years
after the commencement of benefits. Upon the cessation of disability
retirement income under this subparagraph (c), payment of normal
retirement income shall commence in accordance with subparagraph
(C)(S)(b) of this Section.
(7) Recovery from Disabiliry. If the Committee finds that a participant who is
receiving disability retirement income is, at any time, no longer disabled as
provided herein, the Committee shall direct that the retirement income be
discontinued. Recovery &om disability as used herein shall mean the ability of
the participant to engage in any occupation for wage or profit. However, any
participant who recovers &om disability and whose disability retirement
income is discontinued by the Committee and who, as of the date of
tennination of City employment due to disability, had completed twenty (20)
years of credited service or who had both attained the age of fifty-five (55)
years and completed at least fifteen (15) years of credited service shall, if not
reemployed by the City, be entitled to early retirement income as provided in
subparagraph (B) of this Section, based on the participant's final monthly
compensation and credited service as of the date of termination of city
employment due to disability and upon the participant's age as of the date of
recovery from disability. The amount of early retirement 11lcome payable in
this circumstance shall be actuarially reduced to take into account the
participant's younger age and the earlier commencement of retirement income
payments as provided in subparagraph (B) of this Section. Any participant
who recovers &om disability and whose disability retirement income is
discontinued by the Committee and who, as of the date of termination of city
employment due to disability had completed at least five (5) years of credited
service, shall if not reemployed by the City, be entitled to vested deferred
retirement income as provided in subparagraph (D) of this Section.
(8) Reemployment I?Y the Ciry. If a participant recovers from disability and is
reemployed by the City, the participant's city employment will be deemed to
have been continuous and credited service under the plan will be granted for
the period of disability.
Section 2. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement
Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending
Section 35.097, "Retirement Income; Basis, Amount and Payment", by correcting the lettering of
the subsection dealing with the "Optional Enhanced Multiplier" from (C) to (N) and ensuring that
fonner Section (C) was not intended to have been repealed and has not been repealed by the
mislettering, with the correction to read as follows:
5 OId. No. 52-05
-EG7@ Optional Enhanced Multiplier.
(1) Notwithstanding any provision of the plan to the contrary, an eligible
participant may elect a normal retirement benefit or early retirement benefit equal to
three percent (3%) of final monthly compensation multiplied by credited service,
expressed in years and tenths of a year, up to a maximum of thirty (30) years.
Participants electing this enhanced multiplier shall thereafter contribute three and
forty-five one-hundredths percent (3.45%) of earnings to the Plan in addition to the
participant contribution specified in Section 35.095, and shall receive the enhanced
multlplier for future periods of credited service only. Such participants may also
elect to purchase the enhanced multiplier for some or all periods of continuous
service prior to the date of the election, by paying into the Plan the full actuarial cost
of the enhanced multiplier, plus the full cost of any actuarial or other professional
services required. Such payment may be made by cash lump sum payment or by a
direct rollover of an eligible rollover distribution or a member contribution of an
eligible rollover distribution from an individual retirement account described in
Section 408(a) of the Internal Revenue Code, an individual retirement annuity
described in Section 408(b) of the Internal Revenue Code (other than an endowment
contract), an annuity plan described in Section 403(a) of the Internal Revenue Code,
a qualified trust described in Section 401 (a) of the Internal Revenue Code Section or
an annuity contract described in Section 403(b) of the Internal Revenue Code.
(2) The election to receive the enhanced multiplier under this Section must be
made in writing on a fonn provided by the City. Such election shall be irrevocable.
If an eligible participant does not elect the optional enhanced multiplier under this
Section, or if an eligible participant elects the enhanced multiplier for only a portion
of his total continuous service, then the benefit provided in paragraph (1) shall be
used to calculate the benefit for all continuous service to which the enhanced
multiplier does not apply.
(3) For the purpose of this subsection (C), an eligible participant is any plan
participant who is employed by the City on or after the effective date of this
ordinance, who has not entered the DROP, and who is not a member of a certified
bargaining unit. At such time as the City and the union representing participants in a
bargaining unit enter into a collective bargaining agreement that includes the optional
enhanced multiplier provided in this paragraph, such participants who otherwise
meet the eligibility criteria shall become eligible participants for the purpose of this
subsection.
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 operate to invalidate the remainder hereof.
Section 4. That this ordinance shall become effective immediately upon its passage
on second and final reading, except as to plan participants who are covered under a collective
bargaining agreement. This ordinance shall become effective as to the excluded employees
6 Old. No. 52-05
immediately upon the date of ratification and execution of a collective bargaining agreement or
memorandum of understanding that includes the provisions of tlus ordinance.
PASSED AND ADOPTED in regular session on second and final reading on this the
_ day of ,2005.
MAYOR
ATIEST:
Acting City Clerk
First Reading
Second Reading
7 Oed. No. 52-05