11-01-05 Agenda Reg
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City of Delray Beach
Regular Commission Meeting
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Tuesday. November 1. 2005
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City HaD
100 NW 1st Avenue
Oelray Beach, Florida 33444
Phone: (561) 243-7000
Fax: (561) 243-3774
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as foDows: City Staff, public comments, Commission
discussion and official action. City Commission meetings are business meetings
and the right to limit discussion rests with the Commission. Generally, remarks
by an individual will be limited to three minutes or less. The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items under this
section.
B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen
is entitled to be heard concerning any matter within the scope of
jurisdiction of the Commission under this section. The Commission may
withhold comment or direct the City Manager to take action on requests or
comments.
C. Regular Agenda and First Reading Items: Public input on agendaed items,
other than those that are specifically set for a formal public hearing, shall
be at the specific request of individual City Commission members.
2. SIGN 11'1 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.
The City will furnish auxiliary aids and services to afford an individual with a
disability an opportunity to participate in and enjoy the benefits of a service,
program, or activity conducted by the City. Contact Doug Randolph at 243-
7127, 24 hours prior to the event in order for the City to accommodate your
request. Adaptive listening devices are available for meetings in the
Commission Chambers.
1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL.
5. APPROVAL OF MINUTES:
. October 11, 2005 - Regular Meeting
. October 18, 2005 - Special/Workshop Meeting
6. PROCLAMATIONS:
A. Recognizing and Commending the Dekay Beach Ocean Rescue Lifeguard Competition
Team
B. Recognizing and Commending Fire-Rescue Division Chief Russell Accardi
C. Recognizing and Commending Fire-Rescue Lieutenant Ed Crelin
D. Recognizing and Commending Allen Antolic
E. Family Literacy Month - November 2005
F. Recognizing and Commending The Center for Technology, Enterprise, and
Development, Inc.
G. National Hospice Month - November 2005
7. PRESENTATIONS:
A. Special Recognition Award - Brittany Srnith
B. Special Recognition Award - Marty Riger
C. "Spotlight on Youth" - John Morley, President of the Dekay Beach Youth Council
D. "Spotlight on Neighborhoods" - Gail-Lee McDermott, Chainnan, Neighborhood
Advisory Council
E. Update on R.A.c.E. (Relationship between Authorities, Citizens, and Experts), Samuel
E. Mathis, Jr., Diversity Business Strategist and Advisor
F. Carolyn Gholston - Multi-Cultural Festival
8. CONSENT AGENDA: City Manager Recommends ApprovaL
A. FINAL BOUNDARY PLAT APPROVAL/VILLAGE AT SWINTON SOUARE
PLAT: Approve the boundary plat for the Village at Swinton Square, located on the
southwest comer ofS.W. 10" Street and Swinton Avenue.
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B. RESOLUTION NO. 85-05: Approve Resolution No. 85-05 assessing costs for
abatement action required to remove nuisances on four (4) properties throughout the
City.
C. ACCEPTANCE OF RIGHT-OF-WAY DEED/S.W. 5TH AVENUE: Approve
and accept a right-of-way deed dedicating property to the City for City right-of-way
associated with Lot 42, S.W. 5"' Avenue.
D. GRANT AWARD/FLORIDA DEPARTMENT OF TRANSPORTATION:
Approve and accept the Florida Department of Transportation (FDOT) Highway
Safety Grant award in the amount of $41,603.00 providing partial funding for a Driving
Under the Influence (DUI) enforcement position for the Dekay Beach Police
Department's DUI program.
E. SERVICE AUTHORIZATION NO. is/CURRIE SOWARDS AGUILA
ARCHITECTS: Approve Service Authorization No. 18 to Currie Sowards Aguila
Architects in the amount of $147,500.00 for consulting services for the design and
construction of the proposed new Administration Building at the Environmental
Services Department (ESD) site. Funding is available from 441-5161-536-62.32
(Water/Sewer Fund/ESD Building Expansion).
F. CHANGE ORDER NO.3 (CONTRACT ADDITION)/ROSSO PAVING AND
DRAINAGE. INC.: Approve Change Order No. 3 (Contract Addition) in the
amount of $75,958.65 to Rosso Paving and Drainage, Inc. for the N.E. 4"' Avenue
Project. Funding is available from 334-3162-541-65.81 (General Construction
Fund/N.E. 4"' Avenue), 448-5461-538-65.81 (Stormwater Utility Fund/N.E. 4"'
Avenue), and 442-5178-536-63.50 (Water/Sewer Renewal and Replacement Fund/
Water Mains).
G. RESOLUTION NO. 86-05: Approve Resolution No. 86-05 recognizing Paramedic
Peter L. Firehock by naming the Fire-Rescue Training Center, located at 80 Deport
Avenue, The Peter L. Firehock Public Safety Training Center.
H. HOUSING REHABILITATION GRANT/CONTRACT AWARDS: Approve
Housing Rehabilitation grant/contract awards through the Community Development
Division in the amount of $15,907.50 to Preston Construction (351 N.W. 4"' Avenue)
and $20,291.25 to South Florida Construction (147 S.W. 14"' Avenue). Funding is
available from 118-1924-554-49.19 (State Housing Initiatives Partnership (SHIP)
Program/Housing Rehabilitation).
I. SUBORDINATION AGREEMENT FOR COMMUNITY DEVELOPMENT
FUNDING RECIPIENT: Authorize and approve subordination of the City's
second mortgage in the amount of $27,530.00 to allow the applicant to secure new
financing.
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J. ALTERNATIVE WATER SUPPLY GRANT PROGRAM
AGREEMENT /SOUTH FLORIDA WATER MANAGEMENT DISTRICT
(SFWMD): Approve and accept a 2005-2006 Alternative Water Supply Funding
Program Grant Agreement in the amount of $500,000.00 with the South Florida Water
Management District (SFWMD) for the Area 2 and 3 Reclaimed Water Transrnission
System Project.
K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
October 10, 2005 through October 21, 2005.
L. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Horsepower Electric, Inc. in the amount of $298,298.00 for
the U.S. 1 and Tropic Boulevard Signalization Project. Funding is available
from 334-3162-541-65.68 (General Construction Fund/US 1 at Tropic
Boulevard) .
2. Approve the purchase of 100 Citrix Licenses from CompServ in the amount of
$27,700.00 via the Florida State Contract #250-040-99-1 to allow the Police
Department to access the Criminal Justice Network (CJNET) and Palms in-
house and in patrol vehicles. Funding is available from 001-2113-521-66.10
(General Fund/Software).
3. Approve a blanket purchase order, requisition number 121815, with Boca Tire,
Inc., in the amount of $30,000.00 via Florida State Contract #863-000-03-1, for
the purchase of various rites as needed. Funding is available from 501-3311-
591-52.20 (General Garage Fund/General Operating Supplies).
4. Approve a blanket purchase order with Otto Waste Systems, in the amount of
$149,999.00 for the purchase of garbage carts with lids and wheels as needed.
Funding is available from 433-3711-534-49.35 (Sanitation Fund/Cart Renewal &
Replacement).
5. Approve a blanket purchase order, requisition number 121395, with Poolsure in
the amount of $43,500.00 for the purchase and delivery of Sodium Hypochlorite
and Calcium Hypochlorite as needed. Funding is available from 441-5123-536-
52.21 (Water/Sewer Fund/Chernicals).
6. Purchase award to 3M Traffic Safety Systems Division in the amount of
$15,166.60 via the Osceola Board of County Commissioners Bid #A/R #05-
412- TM and pricing from an expired State Contract for the purchase of sign
materials and barricade tape materials for the City's Sign Shop. Funding is
available from 001-3141-541-52.20 (General Fund/General Operating Supplies).
7. Purchase award to Hall-Mark Fire Apparatus/Horton Emergency Vehicles in
the amount of $203,488.06 via the Florida Sheriffs Association, Bid #05-06-
0823 for one (1) 2006 Horton Custom Rescue Transport Vehicle for the Fire
Department. Funding is available from 501-3312-591-64.25 (Central Garage
Fund/Heavy Equipment).
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M. CONFIRMATION/EMERGENCY RESOLUTIONS: Confirm and ratify
Emergency Resolutions B (including the revised Resolution B), D and H pursuant to
Chapter 95 of the City Code of Ordinances.
9. REGULAR AGENDA:
A. CONDITIONAL USE REOUEST /LIFE SKILLS CENTER: Consider a request
to allow the establishment of a charter school, Life Skills Center, within the PC
(planned Commercial) zoning district, located within the Lake Ida Shopping Center at
the southwest comer of Lake Ida Road and Congress Avenue. (Quasi-Judicial
Hearing)
B. CONDITIONAL USE REOUEST /TOUSSAINT VOUVERTURE HIGH
SCHOOL FOR ARTS AND SOCIAL TUSTICE: Consider a request to allow the
establishment of a charter school, Toussaint L'Ouverture High School for Arts and
Social Justice, within the PC (planned Commercial) zoning district, located within the
Dekay Square II Shopping Center at the northeast corner of West Adantic Avenue and
Military Trail. (Quasi-Judicial Hearing)
C. CONDITIONAL USE REOUEST /5TH AVENUE AT DELRAY: Consider a
request to allow a building height in excess of 48' (to a maximum of 60') and to allow a
density in excess of 30 dwelling units per acre (37.30 du/ac proposed) for 5"' Avenue at
Dekay, located on the east side ofN.E. 5"' Avenue (Southbound Federal Highway), 112'
north ofN.E. 1" Street (131-185 N.E. 5'h Avenue). (QuasiJudicial Hearing)
D. BID AWARD/SPECIAL PRODUCTS GROUP: Consider approval of a bid award
to second lowest bidder, Special Products Group, at an estimated annual cost of $75,935.25
for the purchase of uniforms for the Police Department. Funding is available from 001-
2111-521-52.22 (public Safety/Uniforms/Linen), 001-2113-521-52.22 (Support
Services/Uniforms/Linen), 001-2115-521-52.22 (Investigation/Special Ops./
Uniforms/Linen), 001-2117-521-52.22 (District l/Uniforms/Linens), 001-2119-521-
52.22 (District 2/Uniforms/Linens), and 001-2121-521-52.22 (District 3/Uniforms/
Linens) .
E. AGREEMENTS/COMMUNITY CHILD CARE CENTER/CHILDREN'S
CASE MANAGEMENT ORGANIZATION: Consider approval of the agreements
between the City of Dekay Beach and the Community Child Care Center (CCCC) and
the Children's Case Management Organization (CCMO) as the non-profit providers of
services at the Village Academy Beacon Center, pursuant to the City's contract with the
Children's Services Council of Palm Beach County (CSC).
F. OLD SCHOOL SOUARE PARKING GARAGE/CM AT RISK CONTRACT:
Consider approval of the Selection Committee's rankings of the Proposals for the Old
School Square Parking Garage CM At Risk and authorize staff to proceed with contract
negotiations with the top ranked firm, Catalfumo Construction, Ltd.
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G. FLORIDA LEAGUE OF CITIES. INC.lFLORIDA CITIES OF
EXCELLENCE AWARDS BANOUET: Consider purchasing a table in the amount
of $750.00 at the Florida League of Cities' Florida Cities of Excellence Awards Banquet
to be held on November 18, 2005 in Orlando, Florida. Funding is available from 001-
1111-511-48.10 (General Fund/Commission Special Event Contingency).
H. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one (1) alternate
member to the Civil Service Board for an unexpired term ending July 1, 2006. Based
upon the rotation system, the appointment will be made by Mayor Perlman (Seat #5).
I. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL:
Appoint three (3) regular members (one member for each Zone 1, 5, & 6) and an At
Large Representative to the Neighborhood Advisory Council for two (2) year terms
ending October 31, 2007. Based upon the rotation system, the appointments will be
made by Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3),
Commissioner McCarthy (Seat #4), and Mayor Perlman (Seat #5).
J. AMENDMENT /9-1-1 INTERLOCAL AGREEMENT: Consider approval of
Amendment #001 to the Interlocal Agreement between Palm Beach County and the
City of Dekay Beach and regarding the renewal terms of the agreement and addressing
within municipal boundaries.
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 73-05: An ordinance amending Chapter 32, "Departments,
Boards, and Commissions", by enacting Sections 32.60 et seq creating a Police Advisory
Board.
B. WAIVER OF BIDDING REOUIREMENTS/BUS SHELTER
INSTALLATION: Consider approval of waiving the requirements of Section 36.02,
"Acquisition of Personal Property, Supplies, or Contractual Services", and Section
36.05, "Bidding Procedures", of the Code of Ordinances, for the installation of bus
shelters.
11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. FIRST READINGS:
A. ORDINANCE NO. 74-05: Rezoning from RO (Residential Office) to R-I-A (Single
Family Residential) for a 0.57 acre parcel of land for 9"' Street Properties, located at the
southeast comer of N.E. 2nd Avenue (Seacrest Boulevard) and N.E. 9"' Street. If
passed, a public hearing will be held on November 15, 2005.
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B. ORDINANCE NO. 75-05: An ordinance amending Title 13, "General Offenses", of
the Code of Ordinances, by enacting a new Chapter 136, "Sexual Offenders and Sexual
Predators", which provides that sexual predators and sexual offenders cannot reside
within 1,500 feet of a designated school, public bus stop, day care center, or park. If
passed, a public hearing will be held on November 15, 2005.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: OCTOBER 28, 2005
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CITY COMMISSION
CITY OF DELRAY BEACH. FLORIDA
REGULAR MEETING - TUESDAY. NOVEMBER 1. 2005
6:00 P.M. - COMMISSION CHAMBERS
AGENDA ADDENDUM
THE AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM:
8. CONSENT AGENDA
N. AMENDMENT NO. 2ID & J ENTERPRISES. INC.: Approve Amendment No.2
to D & J Enterprises, Inc., Debris Management Contract, Exhibit "B", Part A, No.1
to change the rate from $4.80 to $8.00 per cubic yard to bring the rates up to the
current market rate and allow the contractor to obtain subcontractors to haul the
debris.
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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.
CITY COMMISSION
CITY OF DELRAY BEACH. FLORIDA
REGULAR MEETING - TUESDAY. NOVEMBER 1. 2005
6:00 P.M. - COMMISSION CHAMBERS
AGENDA ADDENDUM
THE AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM:
9. REGULAR AGENDA
K. RESOLUTION NO. 87-05: Consider approval of Resolution No. 87-05 regarding
waiving the City's building regulations as it relates to temporary housing.
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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.
OCTOBER 11, 2005
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City
Hall at 6:00 p.m., Tuesday, October II, 2005.
1.
Roll call showed:
Present - Commissioner Patricia Archer
Commissioner Rita Ellis
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Mayor Jeff Perlman
Absent - None
Also present were - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Susan A. Ruby, City Attorney
Brian Shutt, Assistant City Manager
Carolanne Kucmerowski, Acting City Clerk
2. The opening prayer was delivered by Reverend Kathleen Gannon with St.
Paul's Episcopal Church.
3.
given.
The Pledge of Allegiance to the flag of the United States of America was
4.
AGENDA APPROVAL.
Mayor Perlman stated there is a final revised agreement for Item 9.E.,
Revised Al!reement/Match Point., Inc. and a revised resolution for Item 9.M.,
Resolution No. 83-05.
Mr. Levinson requested that Item 9.P., Reauest for MediationlPublic
Meetinl! Rules ofthe Regular Agenda be moved to the Regular Agenda as Item 9.A.1.
Mr. Levinson moved to approve the Agenda 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:
Mrs. Ellis moved to approve the Minutes of the Regular Meeting of
September 20, 2005, seconded by Ms. McCarthy. Upon roll call the Commission voted
as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
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Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote.
6. PROCLAMATIONS:
6.A. Recol!nizinl! and Commendinl! the Delrav Divas Step Dance Teams
Mayor Perlman read and presented a proclamation hereby proclaiming the
Delray Divas to be Champions among Champions and Ambassadors of Good Will and
Sportsmanship for the City of Delray Beach. The following individuals came forward to
accept a proclamation:
. David Ricks, Recreation Supervisor IV
. Rhonda Williams-Turner, Program Director
. Tia Dobard, Coach
. Tammy Peak, Coach
. LaToya Jackson, Coach
. Dawne Girtman, Coach
6.B. Florida City Government Week - October 16-22, 2005
Mayor Perlman read and presented a proclamation hereby proclaiming the
week of October 16 through October 22,2005 as Florida City Government Week in the
City of Delray Beach. Nancy King, Staff Assistant/Publication Editor, came forward to
accept the proclamation.
6.C. Bethel Evanl!elical Baptist Church of Delrav - 25th Anniversarv
Mayor Perlman read and presented a proclamation hereby recognizing
Bethel Evangelical Baptist Church on its 25th Year Celebration in the City of Delray
Beach. Reverend Franck Francois (Pastor) came forward to accept the proclamation.
7.
PRESENTATIONS:
7.A. RESOLUTION NO. 77-05: Recognizing and Commending James
Mihori and Chieko Mihori for their years of dedicated service to Sister Cities.
The caption of Resolution No. 77-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA RECOGNIZING
AND COMMENDING JAMES "JIMMY" MIHORI AND
CHIEKO MIHORI FOR THEIR YEARS OF
DEDICATED SERVICE TO SISTER CITIES OF
DELRA Y BEACH AND THE CITY OF DELRA Y
BEACH.
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(The official copy of Resolution No. 77-05 is on file in the City Clerk's
Office. )
Mrs. Ellis moved to approve Resolution No. 77-05, seconded by Mr.
Levinson. 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.
Mayor Perlman read and presented Resolution No. 77-05 to James and
Chieko Mihori. Jimmy and Chieko Mihori came forward to accept their Resolution.
Mayor Perlman stated one of his biggest regrets as Mayor is that he was
supposed to go last year to celebrate the Anniversary of Delray's relationship with
Miyazu, Japan and unfortunately at the last minute had a death in the family and had to
cancel. He hopes to have the opportunity to go to Miyazu with Mr. and Mrs. Mihori
because he understands that it is an incredible experience.
Ms. McCarthy stated one of her most memorable moments as City
Commissioner was she went to Morikami and had the opportunity to do a traditional
dance with Mrs. Mihori on the stage. Ms. McCarthy stated this was a wonderful moment
and thanked her for sharing her culture.
7.B.
Sister CitieslY outh Ambassadors
David Schmidt, President of Sister Cities, gave a brief slide presentation
regarding the Sister Cities organization. He thanked the Commission for its support each
year and stated their contribution helps them to have the ability to use what funds they
raise from fundraising efforts to sponsor programs such as the student trip. In addition,
he thanked the City Manager for allowing Nancy King to go on the trip. This year Tony
Durante stepped in and helped train the students and helped chaperon the students. He
named seven student ambassadors from Atlantic High School and noted because of the
outstanding group of applicants seven students were sent this year instead of the usual
five.
Tony Durante briefly explained the trip to Miyazu, Japan and gave a brief
slide presentation.
7.C.
Academv
"Spotlil!ht on Education" - Tammv Ferl!uson, Principal of Villal!e
Dr. Tammy Ferguson, Principal of Village Academy, gave a brief update
on Village Academy and stated Village Academy is a community school in Delray Beach
and this year they have Pre-K through 7'h Grade. She stated their focus is Rigor,
Relevance, and Relationships (RRR).
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Ms. Ferguson stated the Beacon Center provides the opportunity to allow
children to come to school earlier and stay later to get extra education.
Mayor Perlman thanked Dr. Ferguson for doing such an incredible job
with the Village Academy and stated the micro-society program is very exciting. He
asked Dr. Ferguson to thank the children for the bouquet of cookies he received from
them.
On behalf of the City of Delray Beach who is recipient of the grant, Mr.
Levinson stated the Commission is thrilled that Dr. Ferguson is working with the Beacon
Center.
7.D. Community Land Trust
Community Redevelopment Al!encv
Joseph E. Grav, Assistant Director,
Joe Gray, Assistant Director of the Community Redevelopment Agency
(CRA), gave a brief presentation explaining the Community Land Trust and commented
it is for people who cannot own a home on their own. The Land Trust reserves the option
to repurchase a piece of property at a set price when the owner decides to sell the house.
Mr. Gray stated that at a future meeting the Commission will need to make
appointments for the Community Land Trust Board.
Mayor Perlman stated this has been in the works for a couple of years now
and he is looking forward to getting it implemented. He stated he appreciates Mr. Gray's
hard work and feels this is a very innovative idea and very needed.
Mr. Levinson stated he thinks a potential for significant CLT action would
be a self initiated action where a person who is in a home that needs to be fixed up
because it has deteriorated over a period of time can sell the land to the CL T and take the
proceeds to reinvest in the house to fix it up. This allows a person to stay in their home
and fix it up where they might not have the ability to finance those repairs. Mr. Levinson
stated this is a very effective tool particularly in the targeted areas.
7.E.
Introduction of Doul! Smith, Assistant City Manal!er
The City Manager stated as the Commission is aware the City created a
new Assistant City Manager position and he would like to take the opportunity this
evening to introduce the new Assistant City Manager Doug Smith. The City Manager
stated Mr. Smith worked for the City of North Palm Beach for approximately five years
and feels he will be a great asset to the staff here in Delray Beach.
8.
CONSENT AGENDA: City Manal!er Recommends Approval.
8.A. FINAL SUBDIVISION PLAT APPROV AL/TROPIC ISLES
TOWNHOMES REPLAT: Approve the subdivision plat for Tropic Isles Townhomes,
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an eight (8) lot, fee-simple, townhouse development, located at the northwest corner of
Frederick Boulevard and Avenue "H".
8.B. RESOLUTION NO. 75-05: Approve Resolution No. 75-05 assessing
costs for abatement action required to remove nuisances on two (2) properties throughout
the City.
The caption of Resolution No. 75-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRA Y BEACH,
ASSESSING COSTS FOR ABATING NUISANCES
UPON CERTAIN LAND(S) LOCATED WITHIN THE
CITY OF DELRA Y BEACH AND PROVIDING THAT
A NOTICE OF LIEN SHALL ACCOMPANY THE
NOTICE OF ASSESSMENT; SETTING OUT
ACTUAL COSTS INCURRED BY THE CITY TO
ACCOMPLISH SUCH ABATEMENT AND LEVYING
THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTNE
DATE AND FOR A DUE DATE AND INTEREST ON
ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND
DECLARING SAID LEVY TO BE A LIEN UPON
THE SUBJECT PROPERTY FOR UNPAID
ASSESSMENTS.
(The official copy of Resolution No. 75-05 is on file in the City Clerk's
Office. )
8.C. RESOLUTION NO. 76-05: Approve Resolution No. 76-05 amending
Resolution No. 2-82 to remove the requirement that the Hamlet Residents' Association
Articles of Incorporation, Bylaws, or Declaration of Restrictive and Maintenance
Covenants may not be amended or terminated without the City's approval.
The caption of Resolution No. 76-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AMENDING
RESOLUTION 2-82 BY REMOVING THE
REQUIREMENT THAT THE HAMLET RESIDENTS
ASSOCIATION INC.'S ARTICLES OF
INCORPORATION, BYLAWS OR DECLARATION OF
RESTRICTNE AND MAINTENANCE COVENANTS
MAY NOT BE AMENDED OR TERMINATED UNLESS
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AND UNTIL THE CITY OF DELRA Y BEACH HAS
APPROVED THE AMENDMENT AS IT RELATES TO
ALL OTHER ISSUES NOT RELATED TO
RESOLUTION 2-82; PROVIDING FOR AN EFFECTNE
DATE.
(The official copy of Resolution No. 76-05 is on file in the City Clerk's
Office. )
8.D. RESOLUTION NO. 78-05: Approve Resolution No. 78-05 supporting
the use of red light cameras.
The caption of Resolution No. 78-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, SUPPORTING
THE USE OF RED LIGHT CAMERAS.
(The official copy of Resolution No. 78-05 is on file at the City Clerk's
Office. )
8.E. AMENDMENT TO CONTRACT FOR SALE AND
PURCHASE/AUBURN TRACE: Approve an Amendment to the Contract for Sale and
Purchase between the City and Auburn Trace to reflect that Auburn Trace, Ltd. shall seek
release of an easement for drainage by the School District, from the Seller's mortgage, if
required.
8.F. CHRIS EVERT PRO-CELEBRITY TENNIS CLASSIC: Approve an
agreement between the City and Chris Evert Charities, Inc. for the Chris Evert Pro-
Celebrity Tennis Classic to be held at the Tennis Center in December for the years 2005,
2006, and 2007; and the City will make the following contributions to Chris Evert
Charities, Inc.: $40,000.00 in 2005, $41,200.00 in 2006, and $42,400.00 in 2007.
Funding is available from 001-4210-575-55.43 (General Fund/Chris Evert Classic
Tournament).
8.G. ACCEPTANCE OF RIGHT-OF-WAY DEEDIGEORGE BUSH
BOULEVARD: Approve and accept a right-of-way deed associated with a seven (7)
foot strip of property along the north side of George Bush Boulevard, located between
north and southbound Federal Highway.
8.H. SPECIAL EVENT REOUESTIHOLIDAY PAGEANT PARADE:
Approve and endorse the Annual Holiday Pageant Parade co-sponsored by the Parks and
Recreation Department and the Chamber of Commerce to be held on December 10, 2005
beginning at approximately 6:00 p.m., granting a temporary use permit per LDR Section
2.4.6(H) for the closure and use of Atlantic Avenue from Gleason Street and Andrews
Avenue to N.W. 1st Avenue; Miramar and Lowery for parade set up from approximately
4:00 p.m. to 7:30 p.m.; and authorize staff support for traffic control and security, EMS
assistance, barricade set-up/removal, trash removallclean up, and processing of the FDOT
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permit.
8.1. INTERLOCAL AGREEMENTIBOYNTON BEACH: Approve an
Interlocal Agreement with the City of Boynton Beach for the assignment of a fire-safety
trailer by the City of Delray Beach to the City of Boynton Beach.
8.J. SERVICE AUTHORIZATION NO. 4/SPATIAL FOCUS, INC.:
Approve Service Authorization No.4 to Spatial Focus, Inc. in the amount of $32,000.00
for the completion of the citywide Address and Geo Audits. Funding is available from
442-5178-536-31.90 (WaterlSewer Renewal and Replacement Fund/Other Professional
Services).
8.K. CHANGE ORDER NO. 1 (CONTRACT ADDITION)/CHAZ
EOUIPMENT, INC.: Approve Change Order No. I (Contract Addition) between the
City and Chaz Equipment, Inc. in the amount of $59,500.00 for construction of a
secondary containment enclosure at the Water Treatment Plant as an addition to the
Swinton Avenue Beautification Phase II Project construction contract. Funding is
available from 442-5178-536-64.45 (Waterl Sewer Fund/Gas Chlorine Conversion).
8.L. CHANGE ORDER NO. 4 (CONTRACT ADDITION)/ASPHALT
CONSULTANTS, INC.: Approve Change Order No.4 (Contract Addition) between the
City and Asphalt Consultants, Inc. in the amount of $170,107.23 for additional services
associated with the replacement of an existing sewer main as part of the N.W.lS.W. 5th
Avenue Beautification Project. Funding is available from 442-5178-536-63.51 (Water &
SewerlRenewallReplacementlSewer Mains) and 334-3162-541-65.83 (General
Construction FundIN.W.lS.W. 5th Avenue).
8.M. CHANGE ORDER NO. 1 (CONTRACT ADDITION)IHARTZELL
CONSTRUCTION, INC.: Approve Change Order No. I (Contract Addition) between
the City and Hartzell Construction, Inc. in the amount of$115,204.00 for the Chatelaine
sidewalks. Funding is available from 334-6130-541-63.89 (General Construction
FundlNeighborhood Improvements).
8.N. LEGISLATION OPPOSITION: Approve the City's opposition to U.S.
Senate Bill 1349 and House Bill 3146 "Video Choice Act" that would preempt the City's
authority over video services and reduce the City's ability to obtain support for public,
educational, and government (PEG) capacity; and authorize the Mayor to send an
opposition letter.
8.0. FLORIDA DEPARTMENT OF TRANSPORATION (FDOT)
LANDSCAPE MAINTENANCE COMMITMENT/ATLANTIC AVENUE/SOUTH
FEDERAL HIGHWAY: Approve a Florida Department of Transportation (FDOT)
Landscape Maintenance Commitment to accept maintenance responsibility for
landscaping to be installed on West Atlantic Avenue, WestlEast Atlantic Avenue, and
South Federal Highway (US I) as part of three (3) Resurfacing, Restoration, and
Rehabilitation (RRR) Projects.
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8.P. HOUSING REHABILITATION GRANT/CONTRACT AWARD:
Approve Housing Rehabilitation grant/contract award through the Community
Development Division in the amount of $29,585.00 to Sun Sand Builders (220 N.W. 2nd
Street). Funding is available from 118-1924-554-49.19 (State Housing Initiatives
Partnership (SHIP) ProgramlHousing Rehabilitation).
~ REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period September 19, 2005 through October 7,2005.
8.R. AWARD OF BIDS AND CONTRACTS:
1. Contract renewal with Pencco, Inc. for the purchase of
hydrofluorosilicic acid at an estimated annual cost of $20,352.00
for the Water Treatment Plant. Funding is available from 441-
5122-536-52.21 (WaterlSewer Fund/Chemicals) FY 05/06.
2. Purchase award to Don Reid Ford in the amount of$15,698.00 via
the Florida Sheriffs Association Contract #(FSA) 04-12-0823 for
the purchase of one (I) 2006 Ford Escape small size utility 4 x 2
Truck for the Utilities Customer Service Division. Funding is
available from 441-5112-536-64.20 (WaterlSewer
Fund/Automotive).
3. Purchase award to Garber Ford Mercury in the amount of
$20,846.00 via the Florida Sheriff's Association Contract #(FSA)
04-12-0823 for the purchase of one (I) 2006 Ford F-250 SD y.. ton
Pick-up Truck for Parks Maintenance. Funding is available from
001-4138-572-64.20 (General Fund/Automotive).
4. Purchase award to Taylor Data Systems, Inc. in the amount of
$22,431. 76 for the purchase of four (4) additional in-vehicle
Mobile Data Terminals with software and wireless service for the
Fire Department. Funding is available from 115-2311-522-64.90
(Special Projects Fund/Other Machineryl Equipment).
5. Purchase award to GameTime in the amount of $45,550.12 via
Florida State Contract #650-001-04-1 for the purchase of the
Extravaganza model playground equipment for Miller Park.
Funding is available from 334-6112-572-64.33 (General
Construction FundlReplace Playground Equipment).
6. Bid award to various vendors for the purchase of chemicals and
fertilizers via Co-op Bid #2005-32 for a total estimated annual cost
of $134,000.00. Funding is available from 001-4131-572-52.26
(General Fund/Gardening Supplies), 445-4714-572-52.26 (Delray
Beach Municipal Golf Course Fund/Gardening Supplies), and 446-
4714-572-52.26 (Lakeview Golf Course Fund/Gardening
Supplies).
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7. Bid award to multiple vendors for the purchase of gasoline and
diesel fuel via the Palm Beach County Co-op Bid #05154 at an
estimated annual cost of $1,370,570.00. Funding is available from
445-4714-572-52.11 (Delray Beach Municipal Golf Course
Fund/Fuel/Oil Other), 446-4714-572-52.11 (Lakeview Golf Course
Fund/Fuel/Oil Other), 501-3311-591-52.51 (Central Garage
Fund/InventorylFuel) and 441-5122-536-52.11 (WaterlSewer
Fund/Fuel/Oill Other); and 001-2111-521-52.10, 001-2113-521-
52.10,001-2115-521-52.10,001-2117-521-52.10,001-2119-521-
52.10, and 001-2121-521-52.10 (General Fund/ Police
Department/Inventory/Fuel).
8. Purchase award to Southern Sewer Equipment Sales in the amount
of $223,518.00 via the Florida Department of Transportation
Contract #P0384 for the purchase of one (I) Vac-Con Sewer
Cleaning Truck for the Environmental Services Department.
Funding is available from 448-5461-538-64.25 (Storm Water
Utility FundlHeavy Equipment) and 442-5178-536-64.25
(WaterlSewer Renewal and Replacement FundlHeavy Equipment).
9. Purchase award to PVS Technologies, Inc. in the amount of
$133,900.00 for ferric chloride for use in the Water Treatment
Plant. Funding is available from 441-5122-536-52.21
(W aterlSewer Fund/Chemicals).
Mr. Levinson stated there was a significant article in the newspaper about
why we have not been able to keep the cost of government commensurate with the
increasing number of bodies and inflation. He stated Item 8.R.7. (Award of Bids and
Contracts) that the City's fuel bill for gasoline and diesel fuel this year by itself is
$1,370,570.00.
The City Manager stated when the City of Delray Beach awarded the bid
in 2004 the estimated annual usage was $546,000.00. Mr. Levinson commented the fuel
cost to the City has almost tripled in one year.
Mrs. Ellis stated every business in this city that has people on the road is
experiencing the same impact.
Mr. Levinson moved to approve the Consent Agenda, 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.
At this point, the time being 7:08 p.m., the Commission moved to the duly
advertised Public Hearings portion ofthe Agenda.
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10.
10.A. ORDINANCE NO. 32-05 (SECOND READING/SECOND PUBLIC
HEARING): City initiated rezoning from County - AR (Agricultural Residential) to
City R-I-A (Single Family Residential) for Country Club Acres, located on the east side
of Military Trail, south of West Atlantic Avenue. (Quasi-Judicial Hearing)
PUBLIC HEARINGS:
The caption of Ordinance No. 32-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
ESTABLISHING INITIAL ZONING OF R-I-A
(SINGLE FAMILY RESIDENTIAL) DISTRICT; SAID
LAND LOCATED ON THE SOUTH SIDE OF WEST
ATLANTIC AVENUE, EAST OF MILITARY TRAIL,
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.
(The official copy of Ordinance No. 32-05 is on file in the City Clerk's
Office. )
Mayor Perlman read into the record the City of Delray Beach procedures
for a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial items.
Mayor Perlman asked the Commission to disclose their ex parte
communications. No ex parte communications were disclosed.
Carolanne Kucmerowski, Acting City Clerk, swore in those individuals
who wished to give testimony on this item.
Ron Hoggard, Senior Planner, entered the Planning and Zoning
Department project file #2005-192 & #2005-193 into the record.
Ron Hoggard, Senior Planner, stated Country Club Acres subdivision
consists of an 18.16 acre subdivision located on the east side of Military Trail south of
Atlantic Avenue. Mr. Hoggard stated there are ninety-five (95) parcels with eighty-one
(81) single family residential homes and fourteen (14) vacant lots. This property was
annexed earlier this year with the effective date being May 3, 2005. This was also part of
a Future Land Use Map Amendment (PLUM) as part of Comprehensive Plan
Amendment 2005-1.
At its meeting of May 23, 2005, the Planning and Zoning Board held a
public hearing in conjunction with the FLUM amendment and rezoning request. After
reviewing the staff report and discussing the proposal, the Board unanimously voted 4-0
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(Kincaide, Morris and Zacks absent) to recommend approval of the FLUM Amendment
and Rezoning request by adopting the findings of fact and law contained in the staff
report, and finding that the requests and approval thereof are consistent with the
Comprehensive Plan and meet criteria set forth in Section 2.4.5(D)(5), Section 3.1.1
(Required Findings) and Section 3.2.2 (Standards for Rezoning Actions) of the Land
Development Regulations. Staff recommends approval.
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition ofthis ordinance, to please come forward at this time. There being
no one who wished to address the Commission regarding Ordinance No. 32-05, the
public hearing was closed.
Mrs. Archer moved to approve Ordinance No. 32-05 on Second
Reading/Second Public Hearing, seconded by Ms. McCarthy. Upon roll call the
Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer-
Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 7:12 p.m., the Commission moved to Item
11, Comments and Inquiries on Non-Agenda items from the City Manager and the
Public.
11.A.
City Manal!er's response to prior public comments and inauiries.
With regard to a previous inquiry regarding Lawson Boulevard and the
traffic calming that has been done there, the City Manager stated Lawson Boulevard is
classified as a collector road and collector roads are by definition are roads that provide a
less highly developed level of service at a lower speed compared with arterial roads for
shorter distances by collecting traffic from local roads and protecting them with arterials.
The posted speed limit on Lawson Boulevard is 30 mph. Staff collected traffic speed
data both before and after the traffic calming. Before the traffic calming, the 85th
percentile speed was above 35 mph which is one of the things that qualified it for traffic
calming. After traffic calming, data indicates that speeds have been reduced between 30-
35 mph. With regard to the block where Mr. Rudolph lives, between the 3200-3300
block speeds are reduced from the 37/38 mph range to 32/35 mph. The City Manager
stated volumes in the same block were also reduced before the traffic calming and were
running between 2,200 and 2,900 vehicles per day. Now there are approximately 2,000
and 2,600 vehicles per day. The City Manager stated from the City's perspective, the
purpose of traffic calming has been achieved.
11.B.
From the Public.
II.B.1. Deborah Bennett.. 137 Seabreeze Avenue, Delrav Beach, asked if she
can speak on Item 9.A.1. (Regular Agenda) and Mayor Perlman informed her that this is
only for non-agenda items.
II.B.2. Gerrv Franciosa, 939 Eve Street, Delrav Beach, stated in August 2005
he wrote a letter to the City Manager requesting that Progressive Residents of Delray
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(PROD) make a presentation regarding Election Reform in Delray Beach. Mr. Franciosa
stated the City Manager wrote PROD back and said that the presentation would not be
appropriate before this Commission. Subsequently, PROD followed up with another
letter to the City Manager asking that this proposal be reconsidered.
At this point, the time being 7:17 p.m., the Commission moved to Item
9.A.1. of the Regular Agenda.
9.
9.A.1. REOUEST FOR MEDIATION/PUBLIC MEETING RULES:
Consider a request for mediation per Florida Statutes 16.60 regarding a public access
dispute.
REGULAR AGENDA:
The City Attorney stated she received a letter from Pat Gleason, General
Counsel, indicating that a citizen of the City of Delray Beach had requested a mediation
process under Florida Statute 16.60 and this is before the City Commission for
consideration. The City Attorney stated it is voluntary and non-binding on the City.
Mayor Perlman stated there are some people in the public who have
requested an opportunity to speak on this item. As per the rules, he asked if the
Commission would like to hear from these people. It was the consensus of the
Commission to hear from the following individuals:
Deborah Bennett, 137 Seabreeze Avenue, Delray Beach, stated the Florida
Statute does refer to the mediation for public documents; however, the use has been
expanded because the Attorney General's web site refers to it as "open government
mediation". Mrs. Bennett stated the Attorney General as well as the Florida First
Amendment Foundation has deemed the matter a public's right to speak on regular and
consent agenda items a matter suitable for mediation. Mrs. Bennett stated the Florida
Supreme Court has specified "boards and commissions should not be allowed to deprive
the public of this inalienable right to be present and be heard at all deliberations wherein
decisions affecting the public are being made."
Gerald Franciosa, 939 Eve Street, Delray Beach, stated there has to be
open government and people have to have the right to speak regardless of whether the
Commission believes it or not. He stated limiting people on public speaking on non-
agenda items is difficult because once the agenda item is approved and it goes to another
Commission meeting and someone decides to speak about it is already done. He stated
the Commission should always keep the decision up to them as to whether they want
people to speak or not but at least give people the opportunity. Mr. Franciosa stated the
Rules for Public Participation say "Any person may address the Commission regarding
agendaed or non-agendaed items at the appropriate time during a meeting." Mr. Franciosa
stated he was informed by the City Attorney that those were items which were not
agendaed items but are those items that are agendaed items "as public hearings". He
stated in his opinion, an agendaed item is anything on the regular agenda. Mr. Franciosa
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suggested that either the verbiage in the Rules for Public Participation (I.C.) be amended,
or that the Commission give people the right to request in advance to speak on an item
and then the Commission can decide whether someone can speak or not.
Fred Fetzer, 932 Evergreen Drive, Delray Beach, spoke in opposition of
the mediation request per Florida Statutes regarding the public access dispute. Mr. Fetzer
stated he believes the residents have complete access to the Commission meetings. He
feels this is representative government and that the City Commission is doing a fine job.
Connor Lynch, 315 N. Palmway, Lake Worth, spoke in opposition of the
mediation request and stated the current process has worked considerably well in the past
and this is demonstrated by the progress and development that the City had made during
which time there were little to no complaints from the public in regards to the lack of
opportunity to present their opinion and be heard.
Bill Wood, 3777 N.W. 8th Street, Delray Beach (President of the Chamber
of Commerce), stated Delray Beach is very proud of the way it has included its citizens in
almost everything they do. Mr. Wood stated in his opinion Delray Beach has held more
Charettes and visioning processes than any other city in the State of Florida. He stated
the rules have worked up to now, however, if they wish to change these rules and allow
something he feels this is up to the Commission to do that and does not feel this is
something that needs to go to mediation with the Attorney General's office.
Dr. Jay Alperin, 3130 Lowson Boulevard, Delray Beach, stated rules were
established to make the meetings run efficiently and so that everyone had a fair chance
and would be heard. He stated in his opinion this is not about public access and the
ability for the public to get to the Commission but instead it is politics. Dr. Alperin stated
this is an example of a couple of political failures who are not willing to run again so that
they can make these changes and are willing to damage the City in order to get their way.
Dr. Alperin urged the Commission to not support this request.
Jayne King, 3400 Place Valencay, Delray Beach, stated she remembers
being before the Commission when the new Charter School was being discussed and
people were here from the NAACP and they wanted to speak and was turned away
because it was an agenda item and they were not able to talk. Ms. King stated she has
seen people from the Haitian community and the minority community who wanted to
speak on something regarding Carver Square and were turned away because it was an
agenda item.
Ms. McCarthy reiterated the fact that when people were not allowed to
speak on a regular agenda item in front of this Commission it would have happened
because they did not follow the policy. For the record, Ms. McCarthy stated people who
communicated with people to make their appearance about issues that were going to
impact them are very familiar with the rules of pubic participation. She stated these
individuals should have shared with the people that all they had to do was contact City
Hall and make the request to speak on any regular agenda item or to call any elected
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10111105
official to make certain that they would bring the issue forward. When this step was not
taken, this left these people vulnerable so that they felt disgruntled and felt that they were
rejected. She stated these policies have not changed with regard to speaking from regular
agenda items on this Commission since she has been here (March 2000).
Cary Glickstein, 277 S.E. 5th Avenue, Delray Beach, concurred with Dr.
Alperin's comments with regard to the political motivation of this issue. He urged the
Commission to not support this request.
David Schmidt, 2160 Northridge Road, Delray Beach, strongly urged the
Commission to not change their rules in response to this request. Mr. Schmidt stated this
Commission has done an excellent job.
There being no one else from the public who wished to give testimony on
this item, the public hearing was closed.
Prior to the vote, Mr. Levinson stated he spent several hours today on City
business with people who called and wanted meetings on upcoming agenda items.
Mrs. Ellis stated anyone who has tried to contact her has found her and she
has tried her best to live up to the standards that were set by the Commission the last 20
years. She stated accessibility is what the Commission strives to do for the community.
Mayor Perlman stated the Commission is responsive, accessible, and
visible in this community to the detriments of their families, their businesses and
sometimes their health. He stated this is what the Commission has prided themselves in
being. Mayor Perlman stated the Commission is constantly answering emails, visiting
homeowner's associations, and attending community events. Mayor Perlman stated there
is not a resident in the city who is coming to this meeting with a ligament issue before
this Commission that has been sent home without getting the attention and the time of
having staff sitting with them in the backrooms and having interpreters come in to help
them understand what is happening here if they do not speak the language. He strongly
opposes supporting the mediation.
Mr. Levinson moved to approve the mediation regarding public meeting
rules, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs.
Ellis - No; Mrs. Archer - No; Mr. Levinson - No; Ms. McCarthy - No; Mayor Perlman-
No. Said motion was DENIED with a 5 to 0 vote.
9.A. AGREEMENTSIEAGLE'S NEST PROGRAM: Consider approval of
the Interlocal and Multiple Party Agreement, to include a Construction Agreement,
between the City and the Community Redevelopment Agency (CRA), Chamber of
Commerce, and School Board of Palm Beach County for the Eagle's Nest Program at the
Atlantic High School Career Academy.
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10111105
The City Attorney stated the Agreements include the Eagle's Nest
Interlocal Agreement, the Multiple Party Agreement and the Construction Agreement
that is part of the Eagle's Nest Program. This is a partnership between the Palm Beach
County School District, the Community Redevelopment Agency (CRA), the Chamber of
Commerce, and the City of Delray Beach.
Mr. Levinson stated Mr. Jerry Crocilla, Vocational Specialist for Career
Development, who ran the career academy for the entire district is now going to be full
time at Atlantic High School running the career academies.
Jerry Crocilla, Vocational Specialist for Career Development, recognized
Dr. Kathy Weigel, Principal of Atlantic High School, John Southern, and Paul
Mieszczenski.
Paul Mieszczenski, Atlantic High School, stated he has been a teacher at
Atlantic High School for 35 years and commented that this is a win/win situation for both
the student and the community.
Reggie Jackson, student speaking on behalf of the Atlantic High School
Construction Academy, briefly discussed the building of a new home on N.W. 12th
Avenue in Delray Beach (3 bedrooms, 2 bathrooms, and I car garage).
Dylan Tidwell, student, stated Eagle Nest started out as a competition and
brainstorm of multiple plans that were available. They all basically had the same design
due to the lot and noted the interior layouts were all different. They held a meeting and
verified that theirs was the most buildable by the architects. The drafting students
combined and put their efforts towards the design along with David Porter (professional
architect).
Peter Grillo (student), stated their design was chosen because it was the
most appealing and within budget. He stated the home is very welcoming with open
rooms and he briefly explained the elevations. He stated they had a 50 foot lot with 7 Y:z
foot setbacks allowing them to only make the house 35 feet wide and thus the reason for
the house being so narrow.
Michael Dent, student, briefly explained the construction portion of the
project.
Joe Polissaint (student), stated they are excited about getting started to
build this home which will be located on N.W. 12th Avenue.
Jerry Crocilla, stated the program is more than just construction and a
house but it is also about functional life work living skills.
Dr. Kathy Weigel, Principal of Atlantic High School, stated the
Commission realized their dream when they decided to work with the School Board to
give them the high school they now have. Dr. Weigel expressed her appreciation and
thanked the Commission for their continued support.
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10111105
Mr. Crocilla stated he was a classroom instructor for 27 years and worked
with a group called "Project Lake Worth" and looked to the City of Delray Beach
because they are dedicated and organized towards education. He stated they sold the
house in Lake Worth and the profits went back into the program. Mr. Crocilla stated if
they become self sufficient he feels they will be a three time All-America City.
The City Attorney clarified that the Community Redevelopment Agency
(CRA) is giving the loan, the City of Delray Beach is giving the lot, and the Chamber of
Commerce is going to accept some donations through their ratification foundation and
this will be affordable workforce housing which is a City goal.
Lula Butler, Director of Community Improvement, stated staff is very
excited about this project and the first meeting included the building staff, and City staff
put together a team with the Planning Director, the Building Official, and City
Horticulturist to talk about land use. Mrs. Butler stated they would like to start a
groundbreaking ceremony hopefully sometime between the middle of November through
the first week in December.
Mr. Levinson stated the students have designed a house and as part of their
school day will work on building the house and will be working with various trades who
either for payor for volunteer provide assistance with their skilled worked people (i.e.
electrician, mason, etc.). He stated they will not only have the classroom experience but
will also have on the job training and will learn how to measure, do fractions, read, and
things that you have to do in order to build a house. Mr. Levinson stated a family will be
the recipient of this house.
Mr. Levinson moved to approve the Interlocal and Multiple Party
Agreement to include a Construction Agreement between the City of Delray Beach and
the Community Redevelopment Agency (CRA), Chamber of Commerce, and the School
Board of Palm Beach County for the Eagle's Nest Program at the Atlantic High School
Career Academy, 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 with a 5 to 0 vote.
9.B. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
DECISIONISUBWAY REAL ESTATE CORP.: Consider an appeal of the Site Plan
Review and Appearance Board's denial of the Subway Sign, located at 660 Linton
Boulevard. (Quasi-Judicial Hearing)
Mayor Perlman asked the Commission to disclose their ex parte
communications. Ms. McCarthy and Mrs. Ellis had no ex parte communications to
disclose. Mayor Perlman stated he had a brief conversation with Jason Mankoff. Mrs.
Archer stated she had a conversation with Jason Mankoff and Michael Weiner. Mr.
Levinson stated he had a conversation with Jason Mankoff and Michael Weiner.
Lula Butler, Director of Community Improvement, stated the item before
the Commission is consideration of an appeal of the decision of the Site Plan Review and
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Appearance Board (SPRAB), pursuant to Section 2.4.7(E) of the Land Development
Regulations for an exception to the master sign program established for the Linton Plaza
Shopping Center for "Subway." The master sign criteria for the shopping center was
established by SPRAB in August 1991 and amended in May 2004 to include changes to
the two free-standing signs. These identification signs for the plaza required tenant
panels to have white copy on a teal green background and excluded the use of corporate
colors and logos. On August 24, 2005, the agent representing "Subway" requested
consideration of an exception to the approved master sign criteria to allow the use of its
corporate colors on the free-standing plaza identification sign. The business sign
proposed would be white and yellow on a corporate green oval, placed on a teal colored
panel. The Board denied the request with a 6 to 0 vote. Staff recommends that the
Commission support the SPRAB's position on this.
Jason Mankoff, Weiner & Aronson, P.A., 102 N. Swinton Avenue, Delray
Beach, representing the applicant, stated the applicant had previously appealed to
Commission SPRAB's decision that also had to do with the wall signs. They are
following the colors of the signage in the plaza. He stated the subway signage is blocked
and not visible going east from a canopy and west it is a very shady and landscaped
center. They were unsuccessful getting the corporate colors there; however, they are not
appealing this. Mr. Mankoffbriefly reviewed the City's sign code. Mr. Mankoff stated
Subway is one of the top two or three franchises in the world and the applicant has spent
a tremendous amount of money trying to improve their logo and to have visibility. Mr.
Mankoff stated when people spot the corporate colors it is safer for traffic.
Mayor Perlman asked if anyone from the public would like to speak in
favor or in opposition of this item, to please come forward at this time. There being no
one who wished to address the Commission regarding the appeal, the public hearing was
closed.
Mrs. Ellis inquired about the position of the landlord. Mr. Mankoff stated
the applicant has authorization from the landlord and additionally the lease was
negotiated to allow the tenant the opportunity to come to the City and get its special
corporate colors. Mrs. Ellis asked how long this parcel was vacant prior to Subway going
in. Mr. Mankoff stated to the best of his knowledge this parcel has been vacant for
approximately two years.
The City Attorney distributed an outline of a Board Order for the
Commission to consider. The City Attorney briefly reviewed the Board Order and each
finding with the Commission.
Mr. Levinson moved to approve the Board Order as modified, 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.C. WAIVER REOUEST/209 PALM TRAIL: Consider a waiver request to
waive Land Development Regulations, Section 7.9.8, "Finger Piers; Standards for
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Approval", and Section 7.9.7, "Dolphins; Standards for Approval", to allow a dock to
extend 48 feet from the seawall at 209 Palm Trail, pursuant to Section 7.9.4(A),
"Modification of Standards for Approval; Appeals". (Quasi-Judicial Hearing)
Mayor Perlman asked the Commission to disclose their ex parte
communications. No ex parte communications were disclosed.
Lula Butler, Director of Community Improvement, stated this item is
consideration of approval of a modification to the LDR Section 7.9.8 Governing Finger
Piers and Section 7.9.7 Governing Dolphins pursuant to Section 7.9.4(A). Eccelstone
Signature Homes, owner of the property at 209 Palm Trail, is requesting a waiver from
the City Commission which would provide for a 7- foot waiver to the docks to allow them
to extend from the seawall a maximum of 25 feet.
Mayor Perlman stated if anyone would like to speak in favor or in
opposition ofthe waiver request, to please come forward at this time. There being no one
from the public who wished to speak in favor or in opposition of the waiver request, the
public hearing was closed.
Mr. Levinson moved to approve the waiver request to Section 7.9.4(A) of
the LDR's standards, seconded by Ms. McCarthy. Upon roll call the Commission voted
as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer-
Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote.
9.D. REOUEST FOR IN-LIEU PARKING SPACESIROCKY'S
RESTAURANT: Consider a request from Rocky's Restaurant for the purchase of three
(3) in-lieu parking spaces in the amount of $36,000.00. Rocky's Restaurant is located at
20 S.E. 5th A venue (Southbound Federal Highway). (Quasi-Judicial Hearing)
Carolanne Kucmerowski, Acting City Clerk, swore in those individuals
who wished to testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. Mr. Levinson stated approximately six months ago he spoke to the
owner of Rocky's Restaurant. Mayor Perlman, Mrs. Archer, Mrs. Ellis, and Ms.
McCarthy, had no ex parte communications to disclose.
Scott Aronson, Parking Management Specialist, stated Rocky's Restaurant
has submitted a Class III site plan modification to enlarge their existing restaurant by
1,094 square feet expanding into the former Haitian Art Gallery. LDR Section
4.4. 13(G)(I) requires that the parking be provided by calculating the difference between
one (I) space per 300 square feet and six (6) spaces per 1,000 square feet. This proposed
conversion requires the provision of three (3) spaces (2.91 rounded up to 3). Mr.
Aronson stated Rocky's does not have the ability to provide any of those parking spaces
on-site and is requesting to pay in-lieu for those spaces at $12,000 per space for a total of
$36,000 to be paid at the time of issuance of a building permit. The restaurant is adjacent
to the Old City lot, with 70 public parking spaces, and across the street from the Village
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Lot containing 43 public parking spaces.
At its meeting of September 27, 2005, the Parking Management Advisory
Board (PMAB) recommended approval of the applicant's request. At its meeting of
September 28, 2005, the Site Plan Review and Appearance Board (SPRAB) approved the
applicant's site plan modification with the condition that the applicant's in-lieu request is
granted by the City Commission.
Mr. Aronson stated Rocky was in this process more than a year ago and
Rocky was not able to get information back to the City in a timely fashion and their
previous submittal was closed. Therefore, he had to come through the process again and
thus the reason for this being done a year later.
Mrs. Archer moved to approve the request from Rocky's Restaurant for
the purchase of three (3) in-lieu parking spaces by adopting 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 4.6.9(E)(3)
of the Land Development Regulations, seconded by Mrs. Ellis. 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.E. REVISED AGREEMENT/MATCH POINT, INC.: Consider approval
of a revised agreement between the City and Match Point, Inc. regarding an annual
professional tennis event sanctioned by the ATP, Tour, Inc. to be held at the Tennis
Center.
Brian Shutt, Assistant City Attorney, stated there is a change to his
memorandum and noted some changes. He stated the City will have to sell three Emerald
and three Diamond Sponsorships. There is also a change to the player appearance fees
where Match Point has agreed to consult with the City to try and come up with the most
beneficial players that will appear in the tournament.
Mr. Levinson stated the Diamond and Emerald sponsorships may change
from year to year and asked if there is any provision to this on the number of
sponsorships per year. He suggested that a provision be put in the agreement to say that
the amount will be reviewed annually.
Mark Baron, President of Match Point, Inc., stated he and City staff
discussed the players, appearance fees, etc.
The City Attorney suggested adding language to the agreement that the
City can adjust the price each year for the sponsorships.
Mr. Baron stated when they get players they look to get 3, 4, or 5 players
depending on the dollar value ofthat player.
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Brief discussion between Mr. Baron, staff, and the Commission followed.
Mrs. Archer moved to approve the revised agreement between the City of
Delray Beach and Match Point, Inc., 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.
9.F. AGREEMENTIHORSE DRAWN CARRIAGES, INC.: Consider
approval of an agreement between the City and Horse Drawn Carriages, Inc. to provide
horse and carriage rides along Atlantic Avenue as specified from November I, 2005
through April 30, 2006.
Robert A. Barcinski, Assistant City Manager, stated this is a proposed
agreement with Horse Drawn Carriages, Inc. which would provide horse carriage rides
for the dates specified. The route would be along Atlantic Avenue with pick up and drop
off points at the Marriott Atlantic Avenue entrance to NE 1st Avenue at the tree from 5:30
p.m. to 11:00 p.m. Wednesday through Saturday from November I, 2005 through
November 25, 2005 and daily from November 26, 2005 through April 30, 2006. Ten
percent of the gross revenue received would be donated to the Joint Venture to offset
cash costs for putting up the holiday tree.
Prior to the vote, Mrs. Archer stated she is opposed to having the horses
go through the heat and warmer periods of the year and normally she would prefer to
only have this happen on the holiday not for the extended period of time because of heat
involved; however, since the date has been modified to go to April 2, 2006 then she can
support at this time.
Mrs. Ellis moved to approve the agreement between the City of Delray
Beach and Horse Drawn Carriages, Inc. for a period of time from November I, 2005
through April 2, 2006 midnight, seconded by Mr. Levinson. Upon roll call the
Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy-
Yes; Mayor Perlman - No; Mrs. Ellis - Yes. Said motion passed with a 4 to I vote,
Mayor Perlman dissenting.
9.G. WIFI SERVICES: Status report on WiFi Services for the Atlantic
Avenue Business Community.
The City Manager stated the Commission had seen a presentation from
Global WiFi Plus, Inc. and the City Attorney's office has been negotiating with them on
an agreement to provide service. Staff has some concerns because the free service would
be at 56k (56 thousand bits per second) and other cities in the County are going to be
providing free service at much higher speeds. Staff has visited the City of Hollywood
and tried the service being provided by JBE Technology, Inc. The Community
Redevelopment Agency (CRA) is receptive to the idea of paying capital costs with the
City covering the $300 per month cost. Therefore, staff would like to proceed in that
direction rather than going with Global WiFi Plus, Inc.
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It was the consensus of the Commission to allow JBE Technology, Inc. to
give a presentation regarding WiFi Services for the Atlantic Avenue Business
Community at the Workshop Meeting of October 18, 2005.
9.H. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
9.1. FACILITY NAMING/FlRE-RESCUE TRAINING CENTER:
Consider a request to name the recently acquired Train Depot, located at 80 Depot
Avenue, as "The Peter L. Firehock Public Safety Training Center", to recognize
Paramedic Peter L. Firehock.
Kerry Koen, Fire Chief, stated this is a proposal for the Commission to
consider naming the Train Depot after former Paramedic Peter L. Firehock. Chief Koen
stated Peter believed that training was a responsibility of every public safety professional
and he lived by a standard that all public safety personnel should strive for: "... Train
more, do more, prepare more".
Mayor Perlman strongly supports memorializing Peter Firehock; however,
expressed concern over this particular location. Mayor Perlman stated he would like to
do something that is going to be there forever.
The City Manager stated there are people interested in buying the train
depot and commented that the city will need a fire training facility somewhere. He
suggested that if the facility is moved then the name should stay with the facility.
The City Manager suggested that a resolution be done for this.
It was the unanimous consensus of the Commission to support renaming
the training facility with the caveat knowing that it could move but that wherever the
facility is that it be forever memorialized with Peter L. Firehock.
9.J. SPECIAL EVENT REOUESTIART & JAZZ ON THE AVENUE:
Consider approval and endorsement of Art & Jazz on the Avenue scheduled for
December 8, 2005 from 6:00 p.m. to 10:00 p.m.; granting a temporary use permit per
LDR Section 2.4.6(H) for the closure of Atlantic Avenue from Swinton Avenue to N.E.
7th Avenue, the south side of Atlantic Avenue from N.E. 7th Avenue to just past the Blue
Anchor Pub, Railroad Drive from Atlantic Avenue to N.E. 1st Street, and N.E. 2nd Avenue
from Atlantic Avenue to N.E. 2nd Street (street closure will be from 3:00 p.m. to
approximately midnight); and authorize staff support for security and traffic control,
banner hanging/removal, barricade set-up/removal, trash removal, clean up assistance,
and uselset up of City Stages.
Robert A. Barcinski, Assistant City Manager, stated this item is a request
for the Commission to endorse the next Art & Jazz on the Avenue scheduled for
December 8, 2005 from 6:00 p.m. to 10:00 p.m. and grant the temporary use permit for
the street closures and staff support as requested. The estimated overtime cost for this
event is $6,800. Barricade rental charges are estimated at $300 for private rental. Per the
new event policies Joint Venture will be required to pay 20% of charges over $1,000 plus
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cost of private barricade rental. The estimated total charge would be $1,460. The event
is sponsored by the Sun-Sentinel.
Mayor Perlman stepped down from the dais and passed the gavel to Vice
Mayor Levinson.
Prior to the vote, Mr. Levinson stated he is strongly opposed to supporting
the motion because he does not believe the City of Delray Beach should have a media
sponsor that fails to appropriately cover our city.
Mrs. Ellis moved to approve the special event request for Art & Jazz on
the Avenue to be held on December 8, 2005 from 6:00 p.m. to 10:00 p.m., seconded by
Mrs. Archer. Upon roll call the Commission voted as follows: Vice Mayor Levinson -
No; Ms. McCarthy - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion passed with
a 3 to I vote, Vice Mayor Levinson dissenting.
9.K. SPECIAL EVENT REOUESTIHOLIDAY TREE LIGHTING:
Consider approval and endorsement of the Annual Holiday Tree Lighting to be held on
the grounds of Old School Square on November 26, 2005 from approximately 6:00 p.m.
to 9:00 p.m., granting a temporary use permit per LDR Section 2.4.6(H) for use and
closure of Atlantic Avenue from Swinton Avenue to N.E.lS.E. 2nd Avenue, SE 1st Avenue
from Atlantic Avenue to the alley and NE 1st Avenue from Atlantic Avenue to the alley
from approximately 4:00 p.m. to II :00 p.m., staff assistance for traffic control and
security, EMS assistance, barricade set-up/removal, trash removal/clean up, set upluse of
the large stage and City generator.
At this point, Mayor Perlman was still away from the dais.
Robert A. Barcinski, Assistant City Manager, stated this is a request for
Commission to endorse the Annual Holiday Tree Lighting event to be held at Old School
Square on November 26, 2005 from approximately 6:00 p.m. until 9:00 p.m. and to
approve a temporary use permit for the closure of Atlantic Avenue from Swinton Avenue
to S.E. 2nd Avenue. Commission is also requested to approve staff assistance for security
and traffic control, site clean up and trash removal, barricading, and EMS assistance. Mr.
Barcinski stated this is a City sponsored event with the assistance provided by the Joint
Venture for programming, promotion, and marketing. The event is sponsored by the
Sun-Sentinel.
Prior to the vote, Mr. Levinson stated he is strongly opposed to supporting
the motion because he does not believe the City of Delray Beach should have a media
sponsor that fails to appropriately cover our city.
Mrs. Ellis moved to approve the special event request for the Annual
Holiday Tree Lighting event at Old School Square on November 26, 2005 from
approximately 6:00 p.m. until 9:00 p.m., seconded by Mrs. Archer. Upon roll call the
Commission voted as follows: Ms. McCarthy - Yes; Mrs. Ellis - Yes; Mrs. Archer-
Yes; Vice Mayor Levinson - No. Said motion passed with a 3 to I vote, Vice Mayor
Levinson dissenting.
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9.L. AGREEMENTIRCC CONSULTANTS, INC.: Consider approval of an
agreement between the City and RCC Consultants, Inc. in the amount of $162,960.00,
plus travel, lodging, or other applicable out-of-pocket expenses regarding the rebanding
of the 800 MHz System as mandated by the Federal Communications Commission (FCC)
due to interference from Nextel in the 800 MHz range. It is expected that the City will
recoup the fees from Nextel.
At this point, Mayor Perlman returned to the dais.
Brian Shutt, Assistant City Attorney, stated this agreement is with RCC
Consultants, Inc. and concerns the rebanding that will need to take place because of the
conversion due to the interference from Nextel in the 800 MHz range. RCC shall
perform services listed in the attached statement of work through paragraph 4.7, which
shall basically encompass obtaining an inventory and baseline of the current system and
the development of a rebanding plan as well as an estimate of the costs of the 800 MHz
rebanding effort in order to submit to Nextel. It is expected that the city will recoup these
fees from Nextel.
Ms. McCarthy inquired as to who uses Nextel. The City Manager stated
the Police Department and the Building Department uses Nextel services.
Mr. Levinson stated Boca Raton and Boynton Beach share the same hub
as Delray Beach and asked if Boca Raton and Boynton Beach are entering into an
agreement. He feels the City of Delray Beach should not be doing this without having
some consultation with these two partners.
Mr. Shutt stated he spoke to Captain Davis and believes that RCC is in
discussions with Boca Raton and Boynton Beach as far as getting to the point where
Delray Beach is at now.
Mrs. Archer moved to table, seconded by Mrs. Ellis. 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 to TABLE passed with a 5
to 0 vote.
9.M. RESOLUTION NO. 83-05: Consider approval of Resolution No. 83-05
and Cable Franchise Transfer Agreement authorizing the transfer of the cable franchise
from Adelphia to Comcast.
The caption of Resolution No. 83-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, APPROVING
THE SALE AND ASSIGNMENT OF THE NATIONAL
CABLE ACQUISITION ASSOCIATES, L.P. AND
ADELPHIA CABLE PARTNERS, L.P. ("ADELPHIA")
CABLE TELEVISION FRANCHISES ("FRANCHISES"),
TO CABLE HOLDCO EXCHANGE II, LLC ("CABLE
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HOLDCO II"), A SUBSIDIARY OF TIME WARNER NY
CABLE LLC ("TWNY") AND THE TRANSFER OF
CONTROL OF CABLE HOLDCO II FROM TIME
WARNER CABLE INC. ("TWC") TO P ARNASSOS,
L.P. ("PARNASSOS"), A SUBSIDIARY OF COMCAST
CORPORATION ("COMCAST"); OR, IN THE
ALTERNATNE DENYING THE CITY'S APPROVAL
OF THE TRANSACTIONS DUE TO PROPOSED
TRANSFEREE'S FAILURE TO COMPLY WITH
CERTAIN CONDITIONS PRECEDENT.
(The official copy of Resolution No. 83-05 is on file in the City Clerk's
Office. )
Ila Feld, Attorney with Lebowitz and Associates, stated this is a resolution
for the transfer of the cable franchise with the City of Delray Beach from Adelphia Cable
to Comcast. Ms. Feld stated if this resolution is approved, she will send the agreement by
certified mail tomorrow with a Notice of Adoption of Resolution.
Mr. Levinson moved to approve Resolution No. 83-05 and Franchise
Transfer Agreement, 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.
9.N. RESOLUTION NO. 74-05: Consider approval of Resolution No. 74-05
authorizing the City to purchase property generally located on N.E. 2nd Avenue, just
North of East Atlantic A venue to provide land for a downtown park; and Contract for
Sale and Purchase between the City and the Delray Beach Community Redevelopment
Agency in the amount of $6,500,000.00.
The caption of Resolution No. 74-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA,
AUTHORIZING THE CITY TO PURCHASE FROM
SELLER CERTAIN REAL PROPERTY IN PALM
BEACH COUNTY, FLORIDA, AS DESCRIBED
HEREIN, HEREBY INCORPORATING AND
ACCEPTING THE CONTRACT STATING THE TERMS
AND CONDITIONS FOR THE SALE AND PURCHASE
BETWEEN THE SELLERS AND THE CITY OF
DELRA Y BEACH, FLORIDA; AND AN EFFECTNE
DATE.
(The official copy of Resolution No. 74-05 is on file in the City Clerk's
Office. )
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Mayor Perlman declared a Conflict of Interest and passed the gavel to
Vice Mayor Levinson and left the dais.
Mrs. Archer moved to approve Resolution No. 74-05, 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.
9.0. SIXTH AMENDMENTIBLOCK 77 CONTRACT/COMMUNITY
REDEVELOPMENT AGENCY (CRA): Consider approval of the Sixth Amendment
to the Block 77 Contract between the Community Redevelopment Agency (CRA) and
Block 77 Development Group, L.C. to preserve the City's right of reverter of its current
parking, if the parking lot on Block 69 is not completed within twelve (12) months of the
date of the permit; and allows the City the option to proceed against the surety for the
completion of the garage.
Mayor Perlman declared a Conflict of Interest and passed the gavel to
Vice Mayor Levinson and stepped down from the dais.
Ms. McCarthy moved to approve the Sixth Amendment to the Block 77
Contract between the Community Redevelopment Agency (CRA) and Block 77
Development Group, L.C., seconded by Mrs. Archer. Upon roll call the Commission
voted as follows: Vice Mayor Levinson - Yes; Ms. McCarthy - Yes; Mrs. Ellis - Yes;
Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote.
9.P. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.1.
2&: OFFER OF JUDGMENT IN PETERS v. CITY OF DELRAY
BEACH: Consider making an Offer of Judgment in the amount of $7,501.00 in Peters v.
City of Delray Beach.
Ms. McCarthy stepped away from the dais.
Mrs. Archer moved to approve the Offer of Judgment in the amount of
$7,501.00 in Peters v. City of Delray Beach, seconded by Mr. Levinson. Upon roll call
the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer
- Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote.
9.R. SETTLEMENT OFFER IN JUDKINS v. CITY OF DELRAY
BEACH: Consider a Settlement Offer in the amount of $40,000.00 in Judkins v. City of
Delray Beach. Staff recommendation is acceptance.
At this point, Ms. McCarthy was still away from the dais.
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10/11/05
Mrs. Archer moved to approve the Settlement Offer in the amount of
$40,000.00 in Judkins v. City of Delray Beach, seconded by Mr. Levinson. Upon roll
call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs.
Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote.
9.S. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one
(I) alternate member to the Civil Service Board for an unexpired term ending July I,
2006. Based upon the rotation system, the appointment will be made by Mayor Perlman
(Seat #5).
At this point, Ms. McCarthy returned to the dais.
Mayor Perlman stated he would like to defer his appointment to the next
regular meeting of October 25, 2005.
9.T. APPOINTMENT TO THE SITE PLAN REVIEW AND
APPEARANCE BOARD: Appoint one (I) regular member to the Site Plan Review and
Appearance Board for an unexpired term ending August 31, 2006. Based upon the
rotation system, the appointment will be made by Commissioner McCarthy (Seat #4).
Ms. McCarthy moved to appoint Mark Gregory as a regular member to the
Site Plan Review and Appearance Board for an unexpired term ending August 31, 2006,
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.
At this point, the time being 9:30 p.m., the Commission moved to Item 12,
First Readings.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 73-05: An ordinance amending Chapter 32,
"Departments, Boards, and Commissions", by enacting Sections 32.60 et seq creating a
Police Advisory Board. If passed, a public hearing will be scheduled for October 25,
2005.
The caption for Ordinance No. 73-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING CHAPTER 32, "DEPARTMENTS,
BOARDS AND COMMISSIONS", BY ENACTING A
NEW SUBHEADING ENTITLED "CITY OF DELRA Y
BEACH-POLICE ADVISORY BOARD" AND
ENACTING SECTIONS 32.60 ET SEQ, CREATING A
POLICE ADVISORY BOARD; PROVIDING FOR THE
ESTABLISHMENT; PURPOSE; COMPOSITION;
APPOINTMENT; QUALIFICATIONS OF MEMBERS;
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DUTIES AND RESPONSIBILITIES; AND MEETINGS
OF THE POLICE ADVISORY BOARD; PROVIDING A
SAVING CLAUSE; GENERAL REPEALER CLAUSE;
AND AN EFFECTNE DATE.
(The official copy of Ordinance No. 73-05 is on file in the City Clerk's
Office. )
The City Attorney read the caption of the ordinance.
Mr. Levinson moved to approve Ordinance No. 73-05 on FIRST Reading,
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 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 INOUlRlES ON NON-AGENDA ITEMS.
13.A.
City Manal!er
The City Manager stated the Neighborhood Advisory Council has been
added to the Courtesy Notice Mailing List that the Planning and Zoning Department uses.
With regard to a concern expressed about newsracks during hurricanes,
the City Manager stated the current City ordinance on newsracks requires that they weigh
a minimum of 125 pounds to avoid becoming a hazard in severe weather. Also, the City
Manager stated modular newsracks must be secured to a concrete pad. He stated the
Code of Ordinances Section 102.43(K) requires that newsracks be "secured to the ground
or placed in such a manner that the newsrack is parallel to the ground" in the event of a
hurricane warning. During hurricane preparation, Code Enforcement staff will inspect
newsrack locations to insure compliance.
The City plans to resume opening the Courthouse Garage on November
3rd (Thursday, Friday, and Saturday evenings) from 5:00 p.m. - 3:00 a.m. or until the last
car leaves after II :00 p.m.
The two combat challenge teams (one men's team and one women's team)
from the Fire-Rescue Department will be leaving Friday to compete in the national
competition in Atlanta this Saturday and Sunday. The woman's team is now ranked first
in the US Southeast region. Both teams also qualified and will be participating in the
World Competition to be held in Deerfield Beach the first week in November.
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13.B.
City Attornev
The City Attorney had no comments or inquiries on non-agenda items.
13.C.
City Commission
13.C.1.
Mrs. Archer
Mrs. Archer stated there is small section of the Woodlake subdivision
where there are Australian Pines. She stated these trees are very tall and very close to the
power line. Mrs. Archer suggested that since these trees are considered foreign species
that they be removed prior to another storm.
Secondly, she stated as you come east on Atlantic Avenue under the 1-95
overpass the median is an eyesore. Mrs. Archer stated the plant life is dead and there is a
lot of trash and asked that this area be cleaned up.
13.C.2.
Mrs. Ellis
Mrs. Ellis stated she had the opportunity to serve food with Commissioner
Levinson at the Multi-Cultural Festival. She stated the festival was very enlightening, the
attendance was good, and the food was good.
13.C.3.
Ms. McCarthv
Ms. McCarthy stated Gertrude Green who was a City activist and one of
the originators of Frog Alley passed away. In addition, Ms. McCarthy stated Ms. Green
was the original founder of the South Branch of the NAACP for the City of Delray Beach
and was also a realtor.
Secondly, Ms. McCarthy stated Ms. Wesley and Ms. Hill directed,
produced, and wrote a play that was presented at the Old School Square venue this
weekend. They use a multitude of citizens who volunteer in their plays and address
issues through culture, art, and the plays. Ms. McCarthy thanked Ms. Wesley and Ms.
Hill and stated it was very entertaining.
13.CA.
Mr. Levinson
Mr. Levinson stated with regard to Mr. Franciosa's comments about
making a presentation on Election Reform, Mr. Levinson stated it is now a moot point
and he is not interested in this.
The City Manager stated he answered Mr. Franciosa's letter and informed
him that under the Commission rules that if three Commissioners ask to place the
presentation on the agenda then staff will do so.
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Mr. Levinson commented about an email he received today from Nancy
Stewart who succeeded in getting the Garlic Festival on the Food Network.
13.C.5.
Mavor Perlman
Mayor Perlman thanked Carolanne Kucmerowski, Acting City Clerk for
running a nice meeting.
Secondly, he welcomed the new Assistant City Manager Doug Smith.
Mayor Perlman commented about the email from Mae Volen which
praised City staff and he is very excited about the partnership with Mae V olen.
He stated he had the opportunity to speak to Lieutenant Crelin who has
been stationed in the Gulf Coast for the last couple of months and suggested that the City
of Delray Beach give him a hero's welcome.
Mayor Perlman stated he spoke to Fred Glass regarding Johnny Pun's
family and the school. They are well under way in trying to raise funds and awareness
and Mayor Perlman suggested that a copy of the proclamation Johnny received in May
2003 be framed for his family and one for the school.
He commented about the in-lieu parking fees and suggested looking at
changing the fees in zones.
Mayor Perlman stated the Commission represents all the residents in the
community. He stated what Delray Beach has been about for the last 20-30 years is
about breaking down racial, geographic, ethnic and religious barriers, and living as one
community. Mayor Perlman stated he is not interested in hearing PROD's districting
proposal presentation. He stated he does not see where it is more democratic to be able to
vote for one Commission and a Mayor versus voting for all five.
There being no further business, Mayor Perlman declared the meeting
adjourned at 9:51 p.m.
City Clerk
ATTEST:
MAYOR
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10/11/05
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes ofthe Regular City Commission Meeting held
on October 11, 2005, which Minutes were formally approved and adopted by the City
Commission on
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
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10111105
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS
lAST NAME-FIRST NAME--MIOOLE NAME NAME OF BOARD. COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
Perlman, Jeffrey L. Delrav BeachCitv Commission
MAlUNG ADDRESS mE BOARD, COUNCIL, COMMISSION. AUTHORITY OR CQUMITTEE ON
971 Delrav Lakes Drive WtUCH I SERVE IS A UNIT OF:
CITY COUNTY X1ClTY a COUNTY - a OTHER LOCALAGENCY'
n"lr~v u. _l. .."..r;~~ "",."'- -P"lm n. .L NAME OF POUTICAL SUBDMSION:
. -. -- City of Delray Beach
DATE ON WHtCH VOTE OCCURRED MY POSITION IS:
10/11/05 II ElECTIVE o APPOCNTIVE
WHO MUST FILE FORM 88
This fonn is for use by any person serving at the county, city, or other local level of govemment 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 Sec1ion 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 greaUy depending
on whether _you hold an elective Of appointive position. For this reason, please pay close attention to thO instructions on this fonn 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 prohibitedfromknawingly voting 00 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 (induding 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-aere, 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-iaw,
mother-in4aw, son-iiHaw, ~nd daughter-in4aw. 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 fisted 0f1 any national or regional stock exchange).
"
,
,
.
,
ELECTED OFFICERS:
In addllion to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly staling to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this fonn with the person responsible for reconling the min-
utes of the meeting, who should incorporate the fonn 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 andwhell1er ma<.le
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 fOfT1l (before making any attempt to influence the decision) with the person responsible for recotding the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CJ; FORM 6B - EFF. 1/2000
ITEM 9.N
PAGE 1
APPOINTED OFFICERS (continued)
A copy of the form must be provided immediately to the other members of the agency.
The fOO11 must be read publicly at the next meeting aller the fOO11 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 ~ within 15 days aller the vote occurs with the person responsible for recording the minutes of the
meellng. who must Incorporate the form in the minutes. A copy of the fann must be provided immediately to the other members of the
agency, and the fann must be read publicly at the next meeting aller the form is filed. .
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I,
.Jeffre-v I.. Perlman
. hereby disclose that on
10/11
.20~:
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss;
inured to th8 special gain or losS of my business associate,
..x. inured to the special gain or loss of my relative,
inured to the special gain or loss of
whom I am retained; or
inured to the &peeIal gain or loss of
is the parent organization or subsidialy of a principal which has retained me.
Di:1na Colonn:1
.by
. which
(b) The measure before my agency and the nature of my confliclinginterestin 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.
10/11/05
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. 1/2000
PAGE 2
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME--.fIRST NAME-MIOOLE NAME NAME OF BOARD, COUNCIL, COMMISSION. AUTHORJTY, OR. COMMITTEE
Perlman, Jeffrey L. Delray Beach City Commission
MAJUNG ADDRESS THE BOJoRO, COl.JNaL. COMMISSION. AUTHORITY OR COMMITTEE ON
971 Delrav Lakes Drive WHICH I SERVE IS A UNIT OF:
CITY COUNTY Xl CITY a COUNTY o OTHER l-ocAL. AGENCY .
n~' _0' n ,J.. ,,,. 111./,/. P~l_ NAME OF POLITICAl SUBOMSfQN: Beach
.. City of Delray
OATE ON WHICH VOTE OCCURRED MY~IONIS:-
10/11/05 M ELECTIVE a APPOINTIVE
WHO MUST FILE FORM 88
This foem is fO( use by any person serving at the county. city. or other local level of govemment on an appointed or elected board. council.
commission, authority. or committee. It applies equally to members of advisory ~nd non-advisory bodies who are presented with a voting
conflict of interest under Seclion 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 dose attention to the instructions on this fonn 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 Of her special private gain or loss. Each ~ected. 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 ot 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 ane-acre, one-vote basis are not prohibjte~ tram 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, ~nd 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 fisted on any national or regional stock exchange).
.
.
,
,
,
,
.
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above. you must disclose the conflict
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this fonn with the person responsible for recording the min-
utes of the meeting, who should incorporate the torm in, the minutes.
, .
APPOINTED OFFICERS:
Although you mUst abstain from voting in the situations described above, you oIhelWise 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 ancl 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 fonn (before making any attempt to influence the decision) with the person responsible for recording the I
minutes of Ul~ meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 8B - EFF. 112000
ITEM 9.0
PAGEl
APPOINTED OFFICERS (continued)
A copy 01 the forfu must be provided immed"ately to the other members of the agency.
The foon 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 nalure of your conflict in the measure before participating.
You must complete the fonn and file it wIthin 15 days after the vote occurs with the person responsIble for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided "mmediately to the other members. of the
agency. and the foon must be read publicly at the next meeting after the form is filed.
I,
Jeffrev L. Perlman
DISCLOSURE OF LOCAL OFFICER'S INTEREST
10/11
. hereby disclose that on
,20<22-:
(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,
inured to the special gain or loss of
whom I am retained: or
"nured to the special gain or 10"" of
is the parent organization or subsidiary 01 a principal Which has retained me.
Di::ln::l Colonn:l
.by
,which
(b) The measure before my agency and the nature of my conflicting "nterest "n the measure is as folloWs:
D1ane Colonna, my w1fe, is Director of the Community Redevelopment Agency(CR4~.
I have a conflict voting on 1tems that directly affect the Community
Redevelopment Agency.
10/11/05
Date Flied
NOTICE; UNDER PROVISIONS OF FLORIDA STATUTES 9112.317. 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. 112000
PAGE 2
SPECIAL/WORKSHOP MEETING
OCTOBER 18, 2005
A Special/Workshop MeeIing of the City CoInmission of the City of Delray Beach, Florida, was
called to order by Vice-Mayor Jon Levinson in the First Floor Conference Room at City Hall at 6:00
p.m., on Tuesday, October 18, 2005.
Prior to commencement of the meeIing, Vice-Mayor Levinson requested a moment of silence for
Attorney Bob Federspiel who had been killed in an automobile accident. Mr. Federspiel was the
attorney for the Community Redevelopment Agency (CRA), Sewer Board and Housing Authority,
and had been working on the Community Land Trust (CLT).
Roll call showed:
Present - Commissioner Patricia Archer
Commissioner Rita Ellis
Vice-Mayor Jon Levinson
Commissioner Alberta McCarthy
Absent - Mayor Jeff Perlman
Also present were - David T. Harden, City Manager
Susan A. Ruby, City Attorney
Janet K. Whipple, Deputy City Clerk
Vice-Mayor Levinson called the meeIing to order and announced that it had been called for the
purpose of consideIing the following items:
SPECIAL MEETING AGENDA
1. PURCHASE AWARD/NATIONAL WATERWORKS. INC.: Purchase award to
National Waterworks, Inc. in the amount of $525,822.75 for the purchase of 6,210 feet of
24" pipe and 5,004 feet of 16" reclaimed water transmission main and fittings for Areas 2
and 3 of the reclaimed water transmission main system. Funding is available from 441-5181-
536-65.96 (Water/Sewer Fund/ Reclaimed Water Transmission System).
Richard Hasko, Director of Environmental Services presented background information on
this time sensitive issue. This purchase award to National Waterworks would include all of
the materials needed for the next phase of the Reclaimed Water Extension Project.
Presendy, the lead time on materials has gone up as much as 60 to 90 days. The City
received the Alternative Water Resource Grant for $500,000 with the stipulation the work
must be completed by July or August of 2006.
Ms. McCarthy moved to approve the purchase of materials for $525,822.75, seconded by
Mrs. Ellis. Upon roll call, the CoInmission voted as follows: Mrs. Ellis - Yes; Mrs. Archer-
Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed 4 to O.
2. PURCHASE AWARD /USA LIFT. LLC: Purchase award to USA Lift, LLC in the
amount of $20,950.00 for the purchase and installation of one (1) USA Lift Model MI 34/10
insulated aerial device with bucket for the Public Works Department for street lighting
maintenance as part of the Clean and Safe Program. Funding is available from 001-3142-
541-64.20 (General Fund/Automotive).
Richard Hasko, Director of Environmental Services presented background information for the
purchase and installation of an insulated aerial lift device. This bucket lift is an after market
attachment, reaching 35 feet, has stabilizing feet and would be mounted on the back of a one
ton pickup truck the City currently owns. The rig will be utilized by the City's newest electrician
who has been designated for street lighting maintenance as part of the Downtown Clean and
Safe Program. This retro-fit is in lieu of purchasing a new rig which would cost the City
approximately $70,000 to $80,000. Mr. Hasko recommended approval for the $20,950.00
purchase which includes installation. The rig could also be used as backup for tree trimming,
maintenance of taller buildings, and banner installation.
Mrs. Archer moved to approve the purchase award of $20,950.00 to USA Lift, 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 4 to O.
3. HIRING OF OUTSIDE LABOR/TRIAL COUNSELlN'GURUMO V CITY OF
DELRAY BEACH: Consider approval of hiring outside Labor/Trial counsel, Leonard
Carson and Lucy Turner of Carson and Adkins, for the n'Detenga n'Gurumo case.
City Attorney Susan Ruby requested approval to retain outside Labor/Trial counsel, Leonard
Carson and Lucy Adkins of Carson and Adkins, to act as outside labor and employment/trial
counsel in the discrimination case of n'Detenga n 'Gummo v the City of Delrqy Beach, at the rate of
$125.00 per hour.
Mrs. Archer moved to approve the appointment of Leonard Carson and Lucy Adkins as outside
Labor/Trial counsel, 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 4 to O.
Vice-Mayor Levinson adjourned the Special Meeting at 6:08 p.m.
WORKSHOP AGENDA
1. Joint Meeting- with the Board of Adjustment
The Board of Adjustment members introduced themselves to the Commission and provided
brief presentations on the function of the Board. Members present were: Harvey Starin,
Vice-Chairperson; Sigurdur Hardester; Bryce Newell; Lisa Shaheen; Mel Pollock,
Chairperson; and, Bill Branning, Alternate.
Discussion between the Commissioners and the Board of Adjustment members concerning
related functions and issues followed.
2
October 18, 2005
2. Presentation of City Hall Floor Plan Revisions
Mr. David Miller from David Miller and Associates, P.A., presented the revisions to the City
Hall floor Plan.
Discussion followed on alternatives of the floor plan concerning department relocations and
reconfigurations.
It was the consensus of the Commission to move forward with the proposal to first relocate
the Information Technology (IT) Department to a new building which would be attached to
City Hall, and then renovate the North Wing. This would allow the original IT location to
be utilized by other departments while renovations were under way.
3. Presentation on WiFi Services for the Atlantic Avenue Business Community
Ernin Delsol from JBE Technology, Inc. provided a PowerPoint presentation on WiFi
Services for the Atlantic Avenue Business District. The system would include one (1) Base
Station, two (2) Cell Stations, one (1) Linus Based Content Filtering Gateway/Firewall, two
(2) Keep Alives, and one (1) Portal Server (welcome screen). The Turnkey cost would be
$39,632.12 which would be paid by the Community Redevelopment Agency (CRA).
Discussion followed concerning security issues, safety issues, illegal access and system
operations.
It was the consensus of the Commission that a wireless internet system for the Downtown
area was a wonderful idea; however they agreed to defer to Mr. Harden, City Manager, to
review the feasibility of RFPs and to determine a preferred system for internet access for the
City. Once this sludy has been completed, the proposal would again be presented to the
Commission for review.
4. Neighborhood Resource Center (NRC) Presentation
Lula Butler, Director of Community Improvement, presented a Power Point presentation on
the proposed City of Delray Beach Neighborhood Resource Center (NRC). This center is
designed to assist residents with building stronger and safer communities. The location will
be the City's former sub station which was formally occupied by the Village Foundation for
their offices. The number one function of the Center will be an information clearing house
for neighborhood residents.
The consensus of the Commission was favorable to proceed on the renovations of the old
sub station in order to provide a Neighborhood Resource Center. They felt the presentation
was very well done.
5. Discussion of the Florida Department of Transportation (FD01) Resurfacing, Restoration, and
Rehabilitation (RRR) Project on West Atlantic Avenue from West 12'" Avenue to A-I-A
Commission Comments
3
October 18, 2005
. .
Richard Hasko, Director of Environmental Services, tequested direction from the Commission
concerning three proposed projects and construction options along West Adantic Avenue.
Randal Krejcarek, City Engineer handed out informational reports and noted that the City had been
awarded two grants to be applied to projects along West Adantic Avenue. There were three options
for the Commission to address concerning the City projects and the Florida Department of
Ttanspottation (FDOT) Resurfacing, Restoration, and Rehabilitation (RRR) Project.
The consensus of the Commission was to permit the City to maintain projects which would allow
City control over construction. Estimated completion date is August 2006.
Vice-Mayor Levinson adjourned the Workshop MeeIing at 9:52 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/Workshop MeeIing of the City
Commission held on Tuesday, October 18, 2005, which Minutes were formally approved and
adopted by the City Commission on
City Clerk
NOTE TO READER: If the Minutes you have received are not completed as indicated above,
this means they are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval, which may involve amendments, additions or deletions to
the Minutes as set forth above.
4
October 18, 2005
WHEREAS, on August 11, 12, and 13, 2005, the City of Delray Beach Parks and
Recreation Department, Ocean Rescue Division, Lifeguard Competition Team competed in the
2005 United States Lifesaving Association's National Lifesaving Championships in Virginia
Beach, Virginia; and
WHEREAS, forty-one teams competed from other Ocean Rescue Divisions from all
over the United States including New York, New Jersey, Illinois, Texas, North Carolina,
Virginia, California, and Hawaii; and
WHEREAS, the Delray Beach Ocean Rescue Competition Team participated in the
following United States Lifesaving Association National Lifeguard Competition events: 2 K
Beach Run, Beach Flags, Surf Swim, Surf Rescue, Surf Ski, Rescue Board, Surf Boat, and Land
Line Rescue; and
WHEREAS, the Delray Beach Ocean Rescue Competition Team finished eighth in
Division II, Agencies With Under 100 Employees in the United States; and
WHEREAS, the involvement and achievements of the Ocean Rescue Competition Team
in the United States Lifesaving Association 2005 National Competition have generated much
civic and community pride,
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach,
Florida, on behalf of the City Commission, do hereby recognize and commend
Ocean Rescue Officer Nina Mattos, EMT
Ocean Rescue Officer J 0 Wagenhals, EMT
Ocean Rescue Officer J ames Scala, EMT
Ocean Rescue Officer Todd Rapp, EMT
Ocean Rescue Officer Mark Henkle, Paramedic - EMT
Ocean Rescue Officer Regis Smeltz, Paramedic - EMT
Ocean Rescue Officer Shaun Gibson, Paramedic - EMT
Ocean Rescue Officer Trainee - Brenden Hays
for their representation of the City of Dekay Beach and offer them congratulations on a job well
done in the United States Lifesaving Association 2005 National Competition.
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 25"' day of October, 2005.
JEFF PERLMAN
MAYOR
ftt
~A
t
])ate: Oct. 7, 2005
AGENDA ITEM NUMBER: lJ--A
AGENJ)A REQUEST
Request to be placed on:
_Consent Agenda ~Regular Agenda _Workshop Agenda _Special Agenda
When: October 25, 2005
])escription of Agenda Item (who, what, where, how much): Request approval
of and Mayor's signature on a Proclamation honoring the Lifeguard Competition
Team's performance in the 2005 USLA National Lifesaving Championships in Virginia
Beach,Virginia.
])epartment Head
Signature:
w.~
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: Yes I No Initials:
Hold Until:
Agenda Coordinator Review:
Received:
,
t
Proclamation
Whereas, on August 11, 12, and 13, 2005, the City of Delray Beach Parks and Recreation
Department, Ocean Rescue Division, Lifeguard Competition Team competed in the 2005 United States
Lifesaving Association's National Lifesaving Championships in Virginia Beach, Virginia; and
Whereas, forty-one teams competed from other Ocean Rescue Divisions from all over the United
States including New York, New Jersey, Illinois, Texas, North Carolina, Virginia, California, and Hawaii;
and
Whereas, the Delray Beach Ocean Rescue Competition Team participated in the following United
States Lifesaving Association National Lifeguard Competition events: 2 K Beach Run, Beach Flags, Surf
Swim, Surf Rescue, Surf Ski, Rescue Board, SurfBoat, and Land Line Rescue; and
Whereas, the Delray Beach Ocean Rescue Competition Team finished eighth in Division II, Agencies
With Under 100 Employees in the United States; and
Whereas, the involvement and achievements of the Ocean Rescue Competition Team in the United
States Lifesaving Association 2005 National Competition have generated much civic and community pride,
Now, therefore, I, Jeff Perlman, Mayor of the City of Delray Beach, Florida, on behalf of the City
Commission, do hereby recognize and commend:
Ocean Rescue Officer Nina Mattos, EMT
Ocean Rescue Officer Jo Wagenhals, EMT
Ocean Rescue Officer James Scala, EMT
Ocean Rescue Officer Todd Rapp, EMT
Ocean Rescue Officer Mark Henkle, Paramedic - EMT
Ocean Rescue Officer Regis Smeltz, Paramedic - EMT
Ocean Rescue Officer Shaun Gibson, Paramedic - EMT
Ocean Rescue Officer Trainee - Brenden Hays
for their representation of the City of Delray Beach and offer them congratulations on a job well done in the
United States Lifesaving Association 2005 National Competition.
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 25th day of October, 2005.
Jeff Perlman
MAYOR
WHEREAS, Division Chief Russell Accardi has been a member of the staff of Dekay
Beach Fire-Rescue since February 21, 1989 and is certified as a Fire Fighter, Emergency Medical
Technician, Hazardous Materials Technician, Dive-Rescue Specialist, and Fire Safety Inspector,
rising through the ranks from Fire Fighter/EMT to Driver-Engineer to Lieutenant and most
recently to Chief Officer; and
WHEREAS, Chief Accardi has served as Chief of Training and Safety, Battalion Chief
and is currently assigned as Division Chief for Logistics and Training; and
WHEREAS, Chief Accardi has participated in the Federal Urban Search and Rescue
Team (USAR) program since 1994, being assigned to Florida Task Force 2, consisting of Fire
Fighters and Rescue Specialists from Southeast Florida; and
WHEREAS, Chief Accardi is trained, certified, and assigned as Search Team Manager
for Florida Task Force 2; and
WHEREAS, Task Force 2 has been deployed to areas of devastation in the
metropolitan New Orleans area to conduct search and recovery missions in areas impacted by
flooding and hurricane force wind conditions as a result of Hurricane Katrina; and
WHEREAS, Task Force deployments may be for extended periods of rime, causing
members to be away from their families and homes fot many weeks, while working and living in
conditions absent basic comforts and amenities; and
WHEREAS, the experiences gained from such deployments are unique and valuable in
shaping future emergency management planning strategies by bringing post-event perspectives to
our local and regional comprehensive planning initiatives.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach,
Florida on behalf of the City Commission, do hereby recognize and commend
DIVISION CHIEF RUSSELL ACCARDI
Dekay Beach Fire-Rescue Department
for the outstanding work he preformed as part of the Urban Search and Rescue Team - Florida
Task Force 2 under unique and hazardous conditions, while overcoming extensive physical and
environmental obstacles in pursuit of Disaster Medical Assistance Team mission goals; and
the Commission also wishes to acknowledge, with gratitude, the hundreds of emergency response
personnel who stand ready on just a few hours notice to respond to man-made and natural
disasters, setting aside their personal comfort and convenience to assist their fellow citizens
following a disaster.
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 25" day of October, 2005.
JEFF PERLMAN
MAYOR
bt1
1
(Q6
WHEREAS, Lt. Ed Crelin has been a member of the Delray Beach Fire-Rescue
Department since April 16, 1987 and holds certifications as a Fire Fighter, Paramedic,
Hazardous Materials Technician, Dive-Rescue Specialist, and Fire Safety Inspector:
rising through the ranks from Fire Fighter/Paramedic to Driver-Engineer, to Lieutenant to
Paramedic Lieutenant; and
WHEREAS, Lt. Crelin has participated in the Federal Emergency Disaster
Medical Assistance Team program since 1994, being assigned to Florida DMAT Team 5
consisting of medical professionals from Southeast Florida; and
WHEREAS, DMAT teams are regnlarly deployed to areas of hurricane storm
damage and destruction in order to establish emergency medical and surgical services
where local hospitals and other medical institutions are unable to function due to storm
impacts; and
WHEREAS, DMAT Team 5's most recent deployments have been in response to
Hurricane Katrina in Picayune, Mississippi and again for Hurricane Rita in Orange,
Texas; and
WHEREAS, team deployments may cover extended periods including
mobilization, travel, set up, direct service delivery, and demobilization phases; causing
team members to be away from their families and homes for many weeks while operating
in very minimal settings and difficult environments; and
WHEREAS, the experiences gained from these deployments are exceptionally
helpful in shaping future local emergency management planning strategies by bringing
post-event perspectives to comprehensive local and regional planning activities.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray
Beach. Florida on behalf of the City Commission, do hereby recognize and commend
LIEUTENANT ED CRELIN
Delray Beach Fire-Rescue Department
for the outstanding work he has preformed as part ofFL-DMAT Team 5 under stressful
and adverse personal conditions while overcoming many physical and environmental
obstacles in pursuit of Disaster Medical Assistance Team mission goals; and
the Commission also wishes to acknowledge, with gratitude, the hundreds of emergency
response personnel who stand ready on just a few hours notice to respond to man made
and natural disasters, setting aside their personal comfort and convenience to assist their
fellow citizens in need following a disaster.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official
Seal of the City ofDelray Beach, Florida to be affixed this 25"' day of October, 2005.
JEFF PERLMAN
MAYOR
6/<
Cf1t1
toc-
~.
PROCLAMATION
WHEREAS: Lt. Ed Crelin has been a member of the Delray Beach Fire-Rescue
Department since April 16, 1987 and holds certifications as a Fire Fighter, Paramedic,
Hazardous Materials Technician, Dive-Rescue Specialist, and Fire Safety Inspector,
rising through the ranks from Fire Fighter/Paramedic to Driver-Engineer, to Lieutenant to
Paramedic Lieutenant; and
WHEREAS, Lt. Crelin has participated in the Federal Emergency Disaster
Medical Assistance Team program since 1994, being assigned to Florida DEMAT Team
5 consisting of medical professions from southeast Florida;
WHEREAS, DMAT teams are regularly deployed to areas of hurricane storm
damage and destruction in order to establish emergency medical and surgical services
where local hospitals and other medical institutions are unable to function due to storm
impacts; and
WHEREAS, DMAT Team 5 most recent deployments have been in response to
Hurricane Katrina in Picayune, Mississippi and again for Hurricane Rita in Orange,
Texas; and
WHEREAS, these team deployments may cover extended periods including
mobilization, travel, set up, direct service delivery and demobilization phases, causing
team members to be away from their families and homes for many weeks while operating
in very minimal settings and difficult environments; and
WHEREAS, the experiences gained from these deployments are exceptionally
helpful in shaping future local emergency management planning strategies by bringing
post-event perspectives to comprehensive local and regional planning activities; and
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach,
Florida on behalf of the City Commission, do hereby recognize and commend
LIEUTENANT ED CRELIN
Delray Beach Fire-Rescue Department
for the outstanding work he has preformed as part ofFL-DMAT Team 5 under stressful
and adverse personal conditions while overcoming many physical and environmental
obstacles in pursuit of Disaster Medical Assistance Team mission goals; and
The City Commission of Delray Beach also wishes to acknowledge, with gratitude, the
hundreds of emergency response personnel who stand ready on just a few hours notice to
respond to man made and natural disasters, setting aside their personal comfort and
convenience to assist their fellow citizens in need following a disaster.
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 25th day of October, 2005.
JEFF PERLMAN
MAYOR
~
WHEREAS, the City of Oelray Beach has supported public access to Automatic
External Oefibrillation (AEO) as well as training programs to insure the effective use of
these devices for many years; and
WHEREAS, the Oelray Beach Tennis Center is equipped with this type of device
for the benefit of the public, players, and staff; and
WHEREAS, on October I'" 2005, at approximately 10:30 A.M., a patron at the
Tennis Center collapsed and experienced a severe cardiac emergency; and
WHEREAS, Allen Antolic, a tennis professional employed at the Tennis Center,
became aware of this event and reacted promptly and instinctively by taking the Center's
AEO device to the area where the emergency was reported and he proceeded to assess the
patient's condition and it was determined that the use of the AED device was necessary
and appropriate; and
WHEREAS, the proper application of this device and the delivery of an electronic
shock to the victim's heart resulted in the restoration of an effective heart rhythm prior to
the arrival ofOelray Beach Fire-Rescue Paramedics; and
WHEREAS, additional treatment on the scene was followed by transport to a
local hospital where advanced medical procedures were used to mitigate the cause of the
cardiac event, resulting in a long term, positive outcome.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Oelray
Beach, Florida on behalf of the City Commission, do hereby recognize and congratulate
ALLEN ANTOLIC
for his quick recognition of a medical emergency in progress; and prompt and appropriate
intervention, resulting in the saving of a life in our community; and commend the entire
staff of the Oelray Beach Tennis Center for their alertness and support of our city-wide
AEO Public Access program, with this event being the second effective use of an AED
device at this location in the past three years; and
the Commission encourages other venues, locations, and facilities where the public may
be present to acquire and install these life saving devices and provide an opportunity for
staff training to leam of their proper use and application for the benefit of our residents
and visitors.
IN WITNESS WHEREOF, 1 have hereunto set my hand and caused the Official
Seal of the City ofOelray Beach, Florida to be affixed this 25" day of October, 2005.
JEFF PERLMAN
MAYOR
loD
,
PROCLAMATION
WHEREAS, The City of Delray Beach has supported public access to Automatic
External Defibrillation (AED) as well as training programs to insure the effective use of
these devices for many years; and
WHEREAS, The Delray Beach Tennis Center is equipped with this type of device
for the benefit of the public, players and staff; and
WHEREAS, on October I't, 200S at approximately 10:30 A.M. a patron at the
Tennis Center collapsed and experienced a severe cardiac emergency; and
WHEREAS, Allen Antolic, a tennis professional employed at the Tennis Center,
became aware of this event and reacted promptly and instinctively by taking the Center's
AED device to the area where the emergency was reported and he proceeded to assess the
patient's condition and it was determined that the use of the AED device was necessary
and appropriate; and
WHEREAS, the proper application of this device and the delivery of an electronic
shock to the victim's heart resulted in the restoration of an effective heart rhythm prior to
the arrival of Delray Beach Fire-Rescue Paramedics; and
WHEREAS, additional treatment on the scene was followed by transport to a local
hospital where advanced medical procedures were used to mitigate the cause of the
cardiac event, resulting in a long term, positive outcome;
NOW, THEREFORE, I, Jeff Perlman, Mayor of the City of Delray Beach, Florida on
behalf of the City Commission, do hereby recognize and congratulate:
Mr. Allen Antolic
for his quick recognition of a medical emergency in progress, and prompt and appropriate
intervention, resulting in the saving of a life in our community; and
BE IT KNOWN, that the City Commission commends all the staff at the Delray Beach
Tennis Center for their alertness and support of our city-wide AED Public Access
program, with this event being the second effective use of an AED device at this location
in the past three years; and
BE IT FURTHER KNOWN, that the City Commission encourages other venues,
locations and facilities where the public may be present to acquire and install these life
saving devices and provide an opportunity for staff training to learn of their proper use
and application for the benefit of our residents and visitors alike.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of
the City ofDelray Beach, Florida to be affixed this 25th day of October, 2005.
Jeff Perlman
Mayor
WHEREAS, the City of Delray Beach recognizes the power of family literacy and
the importance of children and parents reading and learning together; and
WHEREAS, family literacy activities throughout the year are beneficial to all ages
and encourages life long learning opportunities; and
WHEREAS, community leaders, educators, policy makers, businesses, parents,
and volunteers are encouraged to work together to raise awareness of family literacy
and ensure that all children have a fair, equal, and significant opportunity to learn so
that No Child is Left Behind; and
WHEREAS, The City of Delray Beach is proud to launch in the month of
November, The Mayor's Literacy Partnership, entitled "Delray Beach.... Get Caught
Reading", and
WHEREAS, Delray Beach is a place where everyone is encouraged to read and
Literacy is a core value in the community.
NOW, THEREFORE, I JEFF PERLMAN, Mayor of the City of Delray Beach,
Florida, on behalf of the City Commission and the Citizens of Delray Beach, do hereby
proclaim November 2005 as
Vw~ '8e.ach-
N~f~ LU;e,r~ MO't'\tht
and encourage families to read together and participate in the interactive literacy
programs being carried out in the City of Delray Beach.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official
Seal of the City of Delray Beach, Florida, to be affixed this 25th day of October 2005.
JEFF PERLMAN
MAYOR
~
(DE
- .
WHEREAS, The Center for Technology, Enterprise, and Development, Inc. (TED
Center) was incorporated in October, 1992 as a non-profit charitable and educational
Community Development Corporation; and
WHEREAS, the TED Center's purpose is to address the concerns of housing,
crime management, employment, and economic development by facilitating
revitalization in the community; while creating a safe and affordable residential
environment and building a professional technical development and support center,
known as the "Business Incubator" to train and nurture tenants, students, and other
business people in the target area; and
WHEREAS, the goal of the TED Center is to actively empower youth and adults
with skills and knowledge that will afford them the opportunity for a meaningful and
rewarding life, by providing the tools to create innovations of tomorrow; and
WHEREAS, the initiatives of the TED Center include: First Time Home Buyer
Program, Business Incubator, Youth Entrepreneurship Program, Employment and Job
Skills Training, and Computer Skills Training and Graphics Design Programs; and
WHEREAS, on Friday, November 4, 2005, the TED Center will hold an Open
House Event.
NOW, THEREFORE, I JEFF PERLMAN, Mayor of the City of Delray Beach,
Florida, on behalf of the City Commission and the Citizens of Delray Beach, do hereby
recognize and commend
THE CENTER FOR TECHNOLOGY, ENTERPRISE,
AND DEVELOPMENT, INC.
for their outstanding contributions, support, and service to our community.
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 25th day of October 2005.
JEFF PERLMAN
MAYOR
o!<
t4
(sjF
{/)"!Jef/
WHEREAS, Hospice of Palm Beach County (HPBC) was founded in 1978 as
a not-far-profit organization and is the leading provider of hospice care to residents
throughout Palm Beach County. HPBC provides comfort-oriented medical care to
patients with a serious illness and emotional and spiritual support for the patient and
their loved ones, making the wishes of each patient a priority; and
WHEREAS, Hospice of Palm Beach County provides patients and families
the highest quality pain management and symptom control, caregiver training, and
assistance, and emotional and spiritual support; most often delivered in the home,
allowing patients the best quality of life possible, surrounded and supported by loved
ones, friends and conunitted caregivers; and
WHEREAS, Hospice of Palm Beach County cares for an average of 900
patients daily throughout Palm Beach County, and last year more than 5,800 patients
and their families received care from the Hospice of Palm Beach County; and
WHEREAS, Hospice of Palm Beach County through the Horizons
Bereavement Center provides group and individual support for persons in the
community dealing with the loss of a loved one, to include special programs for
children in the schools, and crisis intervention for groups, businesses and individuals;
and
WHEREAS, Hospice of Palm Beach County high-quality hospice care
reaffirms the belief in the essential dignity of every person, regardless of age, health,
or social status, and that every stage of human life deserves to be treated with the
utmost respect and care.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray
Beach, Florida, on behalf of the City Commission, do hereby proclaim November
2005 as
NATIONAL HOSPICE/PALLIATIVE CARE MONTH
and encourage citizens to increase their awareness of the importance and availability
of Hospice of Palm Beach County services and to observe this month by calling
HPBC at (888) 848-5200 to learn more about HPBC services available for patients,
their families and the community.
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 1" day of
November, 2005.
JEFF PERLMAN
MAYOR
(O~
.
National Hospice/Palliative Care Month - November
It's About How You LIVE:
Learn, Implement, Voice and Engage to improve care at the end of life
A Proclamation of the City of Delray Beach
The City ofDelray Beach, Florida Proclaiming
November 2005 "National HospiceIPalliative Care Month"
WHEREAS, Hospice of Palm Beach County (HPBC) was founded in 1978 as a not-for-profit organization
and is the leading provider of hospice care to residents throughout Palm Beach County. HPBC provides
comfort-oriented medical care to patients with a serious illness and emotional and spiritual support for the
patient and their loved ones, making the wishes of each patient a priority;
WHEREAS, HPBC provides patients and families the highest quality pain management and symptom
control, caregiver training, and assistance, and emotional and spiritual support, most often delivered in the
home, allowing patients the best quality oflife possible, surrounded and supported by loved ones, friends
and committed caregivers;
WHEREAS, HPBC cares for an average of 900 patients daily throughout Palm Beach County, and last year
more than 5,800 patients and their families received care from the Hospice of Palm Beach County;
WHEREAS, HPBC through the Horizons Bereavement Center provides group and individual support for
persons in the community dealing with the loss of a loved one, to include special programs for children in
the schools, and crisis intervention for groups, businesses and individuals;
WHEREAS, high-quality hospice care reaffrrms the belief in the essential dignity of every person,
regardless of age, health, or social status, and that every stage of human life deserves the utmost respect and
care;
WHEREAS, HPBC encourages all residents to learn more about options of care and to share their wishes
with family, loved ones, and their healthcare professionals;
NOW, THEREFORE, be it resolved that I, leiTPerlman, Mayor, hy virtue of the authority vested in me,
Delray Beach, Florida, Palm Beach County, do hereby proclaim November 2005 as NATIONAL
HOSPICElPALLIATIVE CARE MONTH and encourage citizens to increase their awareness of the
importance and availability of Hospice of Palm Beach County services and to observe this month by calling
HPBC at (888) 848-5200 to learn more about HPBC services available for patients, their families and the
community.
IN WITNESS WHERE OF, I have hereunto set my hand this 1st day of November in the year of our Lord
two thousand five and caused this seal to be affixed.
Mayor
MEMORANDUM
TO:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER[1l1!/
AGENDA ITEM # 8/>.. - REGULAR MEETING OF OCTOBER 25. 2005
FINAL PLAT APPROVAL/VILLAGE AT SWINTON SOUARE
FROM:
SUBJECT:
DATE:
OCTOBER 21, 2005
This is before the Commission to approve the final boundary plat for the Village at Swinton Square,
located on the southwest comer of S.W. 10'h Street and Swinton Avenue. The property is a replat of
a portion of Lot 13, Section 20; a portion of Plat No.3 of Southridge; and a portion of Southern
Pines.
This is a final boundary plat processed as a minor subdivision. All technical and staff comments
have been addressed and the plat is ready for approval.
Recommend approval of the final boundary plat for Village at Swinton Square.
S=\City Clerk\agenda memos\Final Plat Village at Swinton Sq. 102505
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN DUM
TO:
FROM:
David T. Harden, City Manager
Jill Skaggs, P.E., Asst. City Engineer $-
DATE:
October 14, 2005
SUBJECT: Village at Swinton Square Plat
Agenda Request
The attached Agenda Request is for Commission approval of the Village at Swinton
Square Plat, a proposed boundary plat. This property is a replat of a portion of lot 13,
Section 20, Township 46 South, Range 43 East, as recorded in Plat Book 1, Page 4,
Public Records of Palm Beach County, Florida and a replat of a portion of Plat NO.3 of
South ridge, as recorded in Plat Book 24, Page 24, Public Records of Palm Beach
County, Florida and a replat of a portion of Southern Pines, as recorded in Plat Book 4,
Page 60, Public Records of Palm Beach County, Florida lying in Section 20, Township
46 South, Range 43 East, City of Delray Beach.
This property is located on the southwest corner of SW 10th Street and Swinton
Avenue.
This is a Final Boundary Plat processed as a minor subdivision, therefore, it is
forwarded directly to City Commission for final action (no other board review was
necessary).
Enclosed are a location map and a reduced copy of the plat.
If this meets with your approval, please place it on the October 25, 2005 Commission
Agenda for approval.
Thanks!
enc
cc Richard Hasko, Director of Environmental Services
Randal Krejcarek. City Engineer
Nguyen Tran, Senior Planner
Carolanne Kucmerowski
TAC File
Agenda File, October 25,2005
S:\EngAdminITAC\Village of Swinton Square (lka - Banyan Village)- Reigle Avel2005 Oct 25 agenda memo. doc
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Date: 14 October 2005
AGENDA ITEM NUMBER: ~
G';,::'.
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AGENDA REQUEST
Request to be placed on:
-X-Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When: 25 October 2005
Description of Agenda Item (who, what, where, how much):
Request is for Commission approval of the plat for Village at Swinton Square, a proposed
boundary plat located on the southwest corner of SW 10th Street and Swinton Avenue, This
property is a replat of a portion of lot 13, Section 20, Township 46 South, Range 43 East, as
recorded in Plat Book 1, Page 4, Public Records of Palm Beach County, Florida and a replat of
a portion of Plat No, 3 of Southridge, as recorded in Plat Book 24, Page 24, Public Records of
Palm Beach County, Florida and a replat of a portion of Southern Pines, as recorded in Plat
Book 4, Page 60, Public Records of Palm Beach County, Florida lying in Section 20, Township
46 South, Range 43 East, City of Delray Beach.
Staff Recommendation: Approval ~
Department Head Signature: ( - ~
IlJ - rJ--o,f
City Attorney ReviewlRecommendation (if applicable):
Budget Director Review (required on all items involving expenditure offunds):
Funding Available: Yes / No Initials: N.A.
Account Number
Description
Account Balance:
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda: & No Initials: nJ)
Hold Until:
Agenda Coordinator Review:
Received:
S:\EngAdmin \ T AC\ Village of Swinton Square (fka . Banyan Village)- Reigle Ave \2005 Oct 25 agenda,doc
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER z11Vl
AGENDA ITEM # '8'0:> - REGULAR MEETING OF OCTOBER 25, 2005
RESOLUTION NO. 85-05
SUBJECT:
DATE:
This is a resolution assessing costs for abatement action required to remove nuisances on four (4)
properties throughout 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. 85-05.
Department on Caroline S/City Clerk/Lien Process/ Agmemos/1AgmemoCE..doc _ ResNo. 85- 05
RESOLUTION NO.85-05
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR
ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE
CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN
SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETIING OUT
ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE
A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS.
WHEREAS, the City Manager or his designated representative has, pursuant to
Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon
certain lots or parcels of land, described in the list attached hereto and made a part
hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of
Ordinances of the City of Delray Beach, the City Manager or his designated
representative has inspected said land(s} and has determined that a nuisance existed in
accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and
did furnish the respective owner(s) of the land(s) described in the attached list with
written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the
Code of Ordinances describing the nature of the nuisance{s) and sent notice that within
ten (10) days from the date of said notice (forty-two (42) days in the case of
violation of Section 100.04 pertaining to seawalls) they must abate said nuisance, or
file a written request for a hearing to review the decision that a nuisance existed
within ten (10) days from the date of said notice, failing which the City of Delray
Beach would proceed to correct this condition by abating such nuisance, and that the
cost thereof would be levied as an assessment against said property; and,
WHEREAS, the property owner(s) named in the list attached hereto and made a
part hereof did fail and neglect to abate the nuisance{s) existing upon their
respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22
within the time limits prescribed in said notice and Chapter 100 of the Code of
Ordinances, or if the property owner{s) did request and receive a hearing, said
property owner(s) failed and/or neglected to abate such nuisance (s) within the time
designated at the hearing wherein a decision was rendered adverse to the property
owner (8); 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 enter upon the land(s) described in the list attached and made a part hereof and
incurred costs in abating the subject nuisance{s) existing thereon as described in the
notice; and,
WHEREAS, the City Manager of the City of Delray Beach has, pursuant to
Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the
City Commission a report of the costs incurred in abating said nuisance(s) as
aforesaid, said report indicating the costs per parcel of land involved; and,
Chapter
against
WHEREAS, the City Commission of the
100 of the Code of Ordinances desires to
said property owner(s),
City of Delray Beach, pursuant to
assess the cost of said nuisance (s)
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AS FOLLOWS,
Section 1. That assessments in the individual amounts as shown by the
report of the City Manager of the City of Delray Beach, involving the City's cost of
abating the aforesaid nuisances upon the lots or parcels of land described in said
report, a copy of which is attached hereto and made a part hereof, are hereby levied
against the parcel(s) of land described in said report and in the amount(s} indicated
thereon. Said assessments so levied shall, if not paid within thirty (30) days after
mailing of the notice described in Sec. 3, become a lien upon the respective lots and
parcel(s) of land described in said report, of the same nature and to the same extent
as the lien for general city taxes and shall be collectible in the same manner as
mortgages and foreclosures are under state law.
Section 2. That such assessments shall be legal, valid and binding
obligations upon the property against which said assessments are levied.
Section 3. That the City Clerk of the City of Delray Beach is hereby
directed to immediately mail by first class mail to the owner(s) of the property, as
such ownership appears upon the records of the County Tax Assessor, notice(s) that the
City Commission of the City of Delray Beach at the meeting
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
reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien
shall be mailed, along with the Notice of Assessment and this resolution.
Section 4. That this resolution shall become effective thirty (30) days
from the date of adoption and the assessment(s) contained herein shall become due and
payable thirty (30) days after the mailing date of the notice of said assessment (s) ,
after which a lien shall be placed on said property(s), and interest shall accrue at
the rate of eight (8) percent per annum plus, if collection proceedings are necessary,
the costs of such proceedings including a reasonable attorney's fee.
Section 5. That in the event that payment has not been received by the City
Clerk within thirty (30) days after the mailing date of the notice of assessment, the
City Clerk is hereby directed to record a certified copy of this resolution in the
public records of Palm Beach County, Florida, and upon the date and time of recording
2
Res. No. 85 -05
of the certified copy of this resolution a lien shall become effective on the subject
property which shall secure the cost of abatement, interest at the rate of 8% I and
collection costs including a reasonable attorney's fee.
PASSED AND ADOPTED
2005.
in
regular
session
on
this
day of
MAYOR
ATTEST:
City Clerk
3
Res. No. 85 -05
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
SW 10THAVEV/LSOF 111 "--.-------.-.----
VIRGIL STUBBS
LINCOLN PARK DELRAYLT5 PB23PG160 326 SW 5TH AVE
PCN 12 43 46 17 38 000 0050 DELRAY BEACH, FL 33444-
CUST. NO. 4146 2406 $ 57.00 INV #28431
- -----------.-..-','..----.- $
55.00 ADM FEE
-- -- $ 112.00
2147 SW 36TH TERR
FAIRCREST HEIGHTS AMND PLAT
LOT 53 PB42 PG68 YOOL Y P VERZOSA
PCN 12424625090000530 1090 AMSTERDAM AVE #7 K
CUST. NO. 525 NEW YORK, NY 10025-1731 $ 42.00 INV #28430
- $
55.00 ADM FEE
$ 97.00
629 SE 2ND AVE
OSCEOLA PARK W 63.36 FT OF L TS 28,29 & 30
BLK 7 PB3 PG2 BEN & IRIS D. HAMMETT
12434621 01 0070281 2996 BYINGTON CIRCLE
CUST. NO. 6256 TALLAHASSEE, FL. 32303-2504 $ 94.00 INV #28432
$ 55.00 ADM FEE
$ 149.00
NW 8TH AVE V/L S OF 108
WEST SIDE HEIGHTS DELRAY
LT 13 BLK B PB31 PG61 GEORGE A FOULKES
PCN NO. 12434617 26 002 0130 4421 NW 25TH PL
CUST. NO. 11669 FT, LAUDERDALE, FL 33313 $ 94,00 INV #28433
YORK BUILDERS, INC.
6965 ASHTON STREET
BOCA RATON, FL 33428 $ 55.00 ADM FEE
- $ 149.00
VIOLATION IS: SECTION 100.01 . LAND TO BE KEPT FREE 1-.
OF DEBRIS, VEGATlON, MATTER CONSTITUTING HAZARDS; DECLARED
NUISANCE
-
-
-------~-
Res. No. 85-05
o/<:
,..t11.
[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE
'illI ~W hi i\H 1'; lJF -IJI'IKAY FlEACH, I HlRlDA 13444
IT! L.PllONE: :'ih: /2-L)-;()l)() . FACS1J\111 T: )61/~7~-4755
DELRAY BEACH
~
All-America City
~'II J! DATE:
Writer's Direct Line: 561/243-7091
MEMORANDUM
October 13, 2005
1993
2001
FROM:
City Commission
David Harden, City Manager
(l...... ..,....
-
Brian Shutt, Assistant City Attorney
TO:
SUBJECT: Acceptance of Riaht of Wav Deed
The property owner for Lot 42 has submitted plans to construct a home at the
corner of SW. 4th Street and SW. 5th Avenue. Although the right of way of SW.
5th Avenue has been paved and used as public right-of-way for many years the
City has been unable to locate a document dedicating this property for public right-
of-way purposes. Therefore, the City has requested, as a condition of
development, that the property owner execute the attached right-of-way deed.
Our office requests that this item be placed on the October 25, 2005 City
Commission agenda for acceptance.
Please call if you have any questions.
Attachment
cc: Chevelle Nubin, City Clerk
Nguyen Tran, Senior Planner
~c..
1 .
Prepared by: RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
RIGHT-OF-WAY DEED
THIS INDENTURE made this -La- day of alO~, 200b between
p~ ~ ' with a mailing address of J?-.60 /zi:',eAb
~ M JI./~/A, 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, 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 HAVE 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
firs bove written.
~
PARIDTHE~k, T
By: JJJl{/
Dll-'V-..tIU \~~\
(Name printed or typed)
STATE OF iUJul~
COUNTY O~ AJl1Ov~
The foregoing instrument was acknowledged before me this ~ day of
, 200~~ by ...?>,#t'lW p/l~r
(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.
U
#d
,as
Si ture of Person Taking Acknowledgment
Name Typed, Pri
..IOn # 00441649
ElcpIIII July 22. 2008
ElItICIIdTeor'IIl.........1f1:.-1Oll
2
Exhibit "A"
The west twenty (20) feet of Lot 42 of Block 32 according to the Plat thereof recorded in
Plat Book 6, Page 97 of the Public Records of Palm Beach County, Florida.
.J
, ,
@ COPYRIGHT 2005 O'BRIEN, SliTER .t O'BRIEN, INC.
SWALE SECTION
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGERt171
AGENDA ITEM # 'bt> - REGULAR MEETING OF OCTOBER 25. 2005
GRANT AWARD/FLORIDA DEPARTMENT OF TRANSPORTATION:
SUBJECT:
DATE:
OCTOBER 21, 2005
This is before the Commission to approve and accept the Florida Department of Transportation
(FDOl) Highway Safety Grant award in the amount of $41,603.00 providing partial funding for a
Driving Under the Influence (DUI) enforcement position for the Delray Beach Police Department's
DUI program.
The grant covers 50% of the DUI Officer's salary and will complete the third and final year of the
DUI Grant.
Recommend approval and acceptance of the FDOT grant award in the amount of $41,603.00 for
partial funding of a DUI enforcement position.
S:\Gty Clerk\agenda memos\FDOT Grant DUE Position 102505
Delray Beach
Police Department
300 West Atlantic Avenue
Delray Beach, Florida 33444-3695
(561) 243-7888 Fax (561) 243-7816
f)/:,
DELRAY ~
~
All-America City
, III I!
Joseph L. Schroeder
Chief of Police
2004
1993
2001
MEMORANDUM
~ECEIVED
OCT 1 R 2005
CITY MANAGEH
TO:
FROM:
David T. Harden
City Manager
Tina Lunsford ~
Administrative Officer
DATE:
October 17, 2005
SUBJECT: FLORIDA DEPARTMENT OF TRANSPORTATION (FDOTI AWARD
FOR HIGHWAY SAFETY FUNDS
The City of Delray Beach, Police Department has received award notification from
FDOT for the Highway Safety Grant, Driving Under the Influence (DUI) in the amount of
$41,603.00. This grant covers 50% of the DUI Officer's salary and will complete the
third and final year of the DUI Grant.
Attached, you will find the award letter and completed "Application for Highway Safety
Grant." Please forward this package to Commission for approval to accept the award.
TLU
Attachment
cc: J.L. Schroeder, Chief of Police
Mary Ann Young, Accountant II
Serving with P.R.I.D.E.
Professionalism, Respect, Integrity, Diversity and Excellence
Florida Department of Transportation
JEB BUSH
GOVERNOR
605 Suwannee Street
Tallahassee, FL 32399-0450
October 3, 2005
DENVER J. STUTLER. JR.
SECRETARY
David Hardin, City Manager
City of Delray BeaCh
100NW 1st Avenue
Delray Beach, Florida 33444
RE: Project Number: J8-06-06-04
DOT Contract Number: A0638
Dear Mr. Hardin:
Your application to the Florida Department of Transportation (DOT) for highway safety funds has been approved. Weare
pleased to make this award in the amount of $41 ,603 for the purpose of partially funding a DUI enforcement position. A
copy of the approved subgrant agreement referenced above is enclosed for your file. All correspondence with the
Department should always refer to the project number and DOT contract number.
The effective date of the subgrant agreement is October I, 2005, and only those costs incurred on or after that date and
before October I, 2006 are eligible for reimbursement. As a reminder, Part V requires that reimbursement requests be
submitted quarterly as costs are incurred. In addition, reimbursement for personnel costs must be requested monthly if
paid on a monthly basis and after every two pay periods if paid bi-weekly.
If your subgrant contains personnel costs, you must provide this office with the name(s) of the individual(s) whose salary
is being reimbursed under the sub grant. If notification is not provided to this office, salary will not be reimbursed. In
addition, if personnel changes occur during the subgrant period, this office must be notified in writing immediately.
If your sub grant contains funding for contractual services, you must obtain approval of the contractual service agreement
from this office before executing the agreement. If your subgrant includes funding for public awareness materials, you
must send samples of the materials for approval prior to purchase. If your subgrant includes equipment costing more than
$500 per item, the Head of the Implementing Agency must send a letter certifying that none of the equipment replaces
existing items.
Please review Part V of the sub grant agreement entitled "Acceptance and Agreement." This section has been revised and
should be reviewed carefully by those persons responsible for project administration.
We look forward to working with you on this project. If you have any questions or need assistance, please contact Roger
Doherty at (850) 245-1522, who will be coordinating this activity.
.
fYI
Kevin J. ibault, P .E.
Assistant Secretary for Engineering and Operations
Governor's Highway Safety Representative
KT/rd
Enclosures
cc: John Fain
Carolyn Hawkins
Chief Schroeder
Tina Lunsford
Joseph Safford
www.dot.state.f1.us
STATE OF FLORIDA DEPARTMENT OF TRAN8eORTATION
SUBGRANT APPLICATION FOR HIGHWAY SAFETY FUNDS
500.0e5-01
. SAFETY
O9IOS
Qt
For D.O. T Use Only
Project Number: JS-06-06-04 DOT Contract Number: A0638
Federal Funds Allocated: $41,603.00 Date Approved: 10101/05
Subgrant Period: October 1 2005 to Seotember 30 2006 Date Revised:
Subgrant History: (1) AL-03-05-03 (2) (3)
Par! I: GENERAL ADMINISTRATIVE INFORMATION
(See Instructions for Highway Safety Subgrant Applications)
1. Project Title: Oelray Beach DUI Enforcement Program
2. Type of Application: Dlnitial ~ Continuation
3. Requested Subgrant Period: 10/1/2005 to 9130/2006
4. Support Matching Total
Sought: $41,603.00 Share: $41.603.00 Budget: $83.206.00
5. Applicant Agency (Subgrantee): 6. Implementing Agency:
City of Delray Beach Delray Beach Police Department
100 NW 1" Avenue 300 West Atlantic Avenue
Delray Beach, FL 33444 Delray Beach, FL 33444
David Harden, City Manager Joseph L. Schroeder, Chief of Police
Telephone: (561 ) 243 - 7010 Telephone: (561 ) 243 - 7851
7. FederallD Number: 8. State FLAIR Number(State Agencies)
596000308007
9. Chief Financial Officer: 10. Project Director:
City of Delray Beach Delray Beach Police Department
100 NW 1" Avenue 300 West Atlantic Avenue
Delray Beach, FL 33444 Delray Beach, FL 33444
Joseph Safford, Finance Director Tina Lunsford, Administrative Officer
Telephone Number: (561 ) 243 - 7116 Telephone Number: (561 ) 243 - 7852
Fax Number: (561 ) 243 - 7166 Fax Number: (561 ) 243 - 7816
E-Mail Address: safford@cl.delray-beach.f1.us E-Mail Address: lunsford@ci.delray-beach.f1.us
Subgrant funds provided by the U.S. Department of Transportation, National Highway Traffic Safety Administration,
Catalog of Federal Domestic Assistance Number - 20.601, State and Community Highway Safety Program, through
the Florida Department of Transportation. The Dun and Bradstreet Data Universal Numbering System (DUNS)
Number for the Florida Department of Transportation is SO-939-71 02.
1
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-!500-065-01
SAFETY
09105
Part II: PROJECT PLAN AND SUPPORTING DATA
State clearly and in detail the aims of the project, precisely what will be done, who will be involved, and what is expected
to result. Use the following major headings:
1. Statement of the Problem
2. Proposed Solution
3. Objectives
4. Evaluation
5. Milestones (LJse form provided)
Start below and use additional oaoes as necessarY.
Statement of the Problem:
The Delray Beach Police Department has recorded one hundred twenty-two (122) alcohol related crashes in the past
three years. To combat this problem, the Department has created a DUI Enforcement position. The officer's
responsibility is to patrol the areas that have recorded the highest number of accidents during that period. The patrols will
be conducted during the evening and early morning hours when accidents are most likely to occur.
The Department found with the history of DUI related accidents within the City limits, it is necessary to continue to use a
visible presence within the City. The Department's goal is to make, over the course of the year, 100 DUI related arrests.
If the Department notes an increase in the number of DUI related incidents over the course of the year, the number of
arrests would increase.
Proposed Solution:
The DUI Officer will continue to educate the public by attending Home Owners Association meetings, City sponsored
functions, visits with both business and civic organizations, and school assemblies and programs. In addition to the public
awareness programs, the Department will assign the DUI officer as required to meet any changes noted through statistical
analysis.
Objectives:
The Department's primary objective is the reduction of all alcohol related accidents. We hope to accomplish that objective
by making at least 100 DUI related arrests; participate in four roadside checkpoints and saturation patrols; and participate
in four public awareness/education events. We will continue to work with our safety belt program, utilizing thoa same
approach as we do with our DUI public awareness program. In addtion, The Department will continue to conduct mult~
agency DUI enforcement and work one-on-one with agencies adjacent to Defray Beach.
Evaluation:
The Delray Beach Police Department will evaluate the overall success of the program by the number of contacts made
during DUI enforcement, the number of DUI drivers apprehended and the success of the public information and education
awareness programs concerning DUI related enforcement.
2
~
. S0M65-01
SAFETY
09105
Timetable for Milestones
Milestones i-Quarter 2nd Quarter 3" Quarter 4th Quarter
OCT NOV OEC JAN FEB MAR APR MAY JUN JU, AUG SEP
Enforcement of DUI Program ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
Conduct DUI Enforcement
Public Awareness 0 i:8I 0 i:8I i:8I 0 i:8I i:8I 0 i:8I i:8I 0
Saturation of DUI Enforcement 0 0 i:8I 0 i:8I 0 i:8I 0 0 i:8I 0 0
Safety belt click it or ticket program 0 i:8I 0 0 i:8I 0 0 i:8I 0 0 0 i:8I
0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0
3
~
- 500-065-01
SAFETY
09105
Part III: PROJECT DETAIL BUDGET
Project Title: Delray Beach DUI Enforcement Program
Project Number: J8-06-06-04
Contract Number: A0638
BUDGET CATEGORY TOTAL FEDERAL NON-FEDERAL
FUNDING STATE LOCAL
A. Personnel Services
Salary - 1 officer $53,846 $26,923 $0 $26,923
Benefits - 1 officer $29,360 $14,680 $0 $14,680
$ 0 $0 $0 $0
$ 0 $0 $0 $0
$ 0 $0 $0 $0
$ 0 $0 $0 $0
$ 0 $0 $0 $0
$ 0 $0 $0 $0
Subtotal $83,206 $41,603 $ 0 $41,603
B. Contractual Services
$ 0 $0 $0 $0
$ 0 $0 $0 $0
$ 0 $0 $0 $0
$ 0 $0 $0 $0
$ 0 $0 $0 $0
Subtotal $ 0 $ 0 $ 0 $ 0
C.Expenses
$ 0 $0 $0 $0
$ 0 $0 , $0 $0
$ 0 $0 $0 $0
$ 0 $0 $0 $0
$ 0 $0 $0 $0
$ 0 $0 $0 $0
$ 0 $0 $0 $0
$ 0 $0 $0 $0
$ 0 $0 $0 $0
$ 0 $0 $0 $0
$ 0 $0 $0 $0
$ 0 $0 $0 $0
$ 0 $0 $0 $0
$ 0 $0 $0 $0
$ 0 $0 $0 $0
$ 0 $0 $0 $0
$ 0 $0 $0 $0
$ 0 $0 $0 $0
$ 0 $0 $0 $0
Subtotal $ 0 $ 0 $ 0 $ 0
Budget Modification Number: _
Effective Date:
4
~
5OO-O65<l1
- SAFETY
09105
Part III: PROJECT DETAIL BUDGET
Project Title: Delray Beach DUI Enforcement Program
Project Number: J8-06-06-04
Contract Number: A0638
BUDGET CATEGORY TOTAL FEDERAL NON-FEDERAL
FUNDING STATE LOCAL
D. Operating Capital putlay
$ 0 $0 $0 $0
$ 0 $0 $0 $0
$ 0 $0 $0 $0
$ 0 $0 $0 $0
$ 0 $0 $0 $0
$ 0 $0 $0 $0
$ 0 $0 $0 $0
$ 0 $0 $0 $0
$ 0 $0 $0 $0
$ 0 $0 $0 $0
$ 0 $0 $0 $0
$ 0 $0 $0 $0
$ 0 $0 $0 $0
$ 0 $0 $0 $0
$ 0 $0 $0 $0
$ 0 $0 $0 $0
$ 0 $0 $0 $0
$ 0 $0 $0 $0
$ 0 $0 $0 $0
$ 0 $0 $0 $0
$ 0 $0 $0 $0
$ 0 $0 $0 $0
$ 0 $0 $0 $0
$ 0 $0 $0 $0
$ 0 $0 $0 $0
$ 0 $0 $0 $0
$ 0 $0 $0 $0
$ 0 $0 $0 $0
$ 0 $0 $0 $0
Subtotal $ 0 $ 0 $ 0 $ 0
E. Indirect Cost
$ 0 $0 $0 $0
$ 0 $0 $0 $0
$ 0 $0 $0 $0
$ 0 $0 $0 $0
Subtotal $ 0 $ 0 $ 0 $ 0
Total Cost of Project $83,206 $41,603 $ 0 $41,603
Budget Modification Number: _
Effective Date:
5
,,;
-~1
SAFEl'f
09105
BUDGET NARRATIVE
Project Title: Delray Beach DUI Enforcement Program
Project Number: J8-06-Q6-Q4
Contract Number: A0638
The following is a narrative description of the project budget by line item by category, detailing the item and anticipated
cost. Each category must be sufficiently defined to show cost relationship to project objectives. Attach additional sheets as
needed.
A. Personnel Services
(1.) Salary - includes the salary for a DUI Enforcement Specialist to be reimbursed at 50%. ($26,923 with 50% match
by the City totalling $53,846)
(2.) Benefits - includes FICA; unemployment; workers compensation; pension; police career/education benefit; health,
life and disability insurance for the officer to be reimbursed at 50%. ($14,680 with 50% match totaling
$29,360)
Budget Modification Number:_
Effective Date:
6
~
.5OO-O<lS-01
SAFE'TY
09lOS
Part IV: REPORTS
Quarterly Progress Report Narrative for the quarter.
Project Title: Delray Beach DUI Enforcement Program
Project Number: J8-06-06-04
Implementing Agency: Delray Beach Police Department
Project Director: Tina L. Lunsford, Administrative Officer
Describe the subgrant activities that took place during the quarter, Attach newspaper clippings, press releases, photos
and other items that document activities. Use additional sheets if necessary. The Quarterly Progress Report of
Performance Indicators should be sent to the DOT Safety Office along with the narrative within 30 days of the end of each
quarter.
7
,,,;
000.065<>,
, SAFETY
09I0S
QUARTERLY PROGRESS REPORT OF PERFORMANCE INDICATORS
for the quarter.
Project Title: Delray Beach DUI Enforcement Program
Project Number: J8-06-06-Q4
Implementing Agency: Delray Beach Police Department
Project Director: Tina L. Lunsford, Administrative Officer
Performance Milestones Accomplished
Indicators Quarter Quarter QUarter Quarter
EndIng Ending March Slx-Month Ending June Ending Project Totals
December 31 31 Totals 30 September 30
Number of DUI arrests made by DUI officer.
0 0
Number of DUI checkpoints hosted by the
Delray Beach PD. 0 0
Number of saturation patrols conducted by
the Delray Beach PD. 0 0
Number of checkpoints hosted by other
agencies at which Delray Beach PO officers 0 0
participated.
Number of public awareness events at which
the DUI specialist made presentations. 0 0
Number of safety belt violations issued by the
Delray Beach PD. 0 0
Number of child safety seat violations Issued
by the Delray Beach PD. 0 0
Number of moving violations issued by the
DUI officer.
0 0
.
0 0
.
8
,;;;
- 5000065-01
SAFETY
09105
Final Narrative Report
Project Title: Delray Beach OUI Enforcement Program
Project Number: J8-06-06-04
Implementing Agency: Delray Beach Police Department
Project Director: Tina L. Lunsford, Administrative Officer
The following is a chronological narrative history of the above listed project in accordance with Part V: Acceptance and
Agreement, Conditions of Agreement, 1. Reports. This report is an accurate accounting of the project performance and
accomplishments. Attach additional sheets as needed.
9
..
.500.Q65-01
SAFElY
09105
Part V: Acceptance and Agreement
Conditions of Agreement. Upon approval of this Subgrant Application for Highway Safety Funds, the fotlowing terms
and conditions shall become binding. Noncompliance will result in loss of, or delays in, reimbursement of costs as set
forth herein.
1. Reports. The subgrant year quarters are October 1 - December 31, January 1 - March 31, April 1 - June 30, and July
1 - September 30. The implementing agency shall submit the Quarterly Progress Report Narrative and Quarterly
Progress Report of Performance Indicators forms to the State Safety Office by the last day of the month following the
end of each quarter (January ,31 , April 30, July 31, and October 31) if the subgrant was effective during any part of the
quarter. Quarterly reports postmarked after the respective submission dates listed above shall be considered past due.
The implementing agency shall submit a Final Narrative Report, giving a chronological history of the subgrant activities,
problems encountered, and major accomplishments by October 31. Requests for reimbursement will be returned to the
subgrantee or implementing agency unpaid if the required reports are past due, following notification.
2. Responsibility of Subgrantee. The subgrantee and its implementing agency shall establish fiscal control and fund
accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal
expenditures. All monies spent on this project shall be disbursed in accordance with provisions of the Project Detail
Budget as approved by the State Safety Office. All expenditures and cost accounting of funds shall conform to 49 CFR,
Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments; 49 CFR, Part 19, Uniform Administrative Requirements for Grants and Agreements with Institutions
of Higher Education, Hospitals, and Other Non-Profit Organizations; OMS Circular A-1 02, Grants and Cooperative
Agreements with State and Local Governments; OMB Circular A-11 0, Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations;
OMB Circular A-21 , Cost Principles for Educational Institutions; OMS Circular A-S7, Cost Principles for State,
Local, and Indian Tribal Governments; and/or OMB Circular A-122, Cost Principles for Non-Profit Organizations,
hereby incorporated by reference, (hereinafter referred to as Applicable Federal Law).
3. Compliance with Chapter 287, Florida Statutes. The subgrantee and implementing agency agree to comply with
all applicable provisions of Chapter 287, Florida Statutes. The following provisions are stated In this agreement pursuant
to sections 287 .133(3)(a) and 287.134(3)(a), Florida Statutes.
(a) Section 287.133 (2)(a), F,S.
A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime
may not submit a bid, proposal, or reply on a contract to provide goods or services to a public entity; may not submit a
bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work;
may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform
work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not
transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY
TWO for a period of 36 months following the date of being placed on the convicted vendor list.
(b) Section 287,134 (2)(a), F.S.
An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on
a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract
with a public entity for the constnuction or repair of a public building or public work; may not submit bids, proposals, or
replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity; and may not transact business with any public
entity.
4. Approval of Consultant and Contractor Agreements. The State Safety Office shall review and approve in writing
all consultant and contractor agreements prior to the actual employment of the consultant or the contractor by the
subgrantee or implementing agency. Approval of the subgrant does not constitute approval of a consultant or contractor
agreement.
10
~
500.Q65-01
SAFETY
09105
All consultant agreements will contain the following statement:
The parties to this contract shall be bound by all applicable sections of Part V: Acceptance and Agreement of
Project # (insert project number), DOT Contract # (insert contract number). A final invoice must be received by
(insert date) or payment will be forfeited.
5, Allowable Costs. The allowability of costs incurred under any subgrant shall be determined in accordance with the
general principles of allowability and standards for selected cost items set forth in the Applicable Federal Law and state
law, to be eligible for reimbursement. All funds not spent in accordance with the Applicable Federal Law will be subject to
repayment by the sUbgrantee'.
6, Travel. Travel costs for approved travel shall be reimbursed In accordance with the State of Florida, Department of
Transportation's (Department's) Disbursement Operations Manual, Chapter 3 Travel, hereby incorporated by reference,
but not in excess of provisions in Section 112.061, Florida Statutes. All out-of-state travel, conference travel, meeting
travel which Includes a registration fee, and out-of-grant-specified work area travel shall require written approval of the
State Safety Office prior to the commencement of actual travel as being within the travel budget of the project and
relevant to the project. Out-of-state travel shall not be approved unless the specific trip is in the approved subgrant
budget or the head of the Implementing Agency provides sufficient justification to prove that the travel will have significant
benefits to the outcome of the subgrant activities. In addition, prior written approval shall be obtained from the State
Safety Office for hotel rooms with rates exceeding $100 per day that are to be reimbursed. Rates exceeding $100 per
day shall not be approved unless the hotel is the host facility for an approved conference or the average rate for all hotels
in the area exceeds $100.
7, Written Approval of Changes. The subgrantee or implementing agency shall obtain prior written approval from the
State Safety Office for changes to the agreement. Changes to the agreement will be approved which achieve or improve
upon the outcome of the subgrant work, or where factors beyond the control of the subgrantee require the change. For
example:
(a) Changes in project activities, milestones, or performance indicators set forth in the approved application.
(b) Changes in budget items and amounts set forth in the approved application.
(c) Changes to personnel in positions that are being reimbursed by this agreement.
Changes to the subgrant agreement shall only be requested by the Authorized Representative of the Subgrantee or the
Administrator of the Implementing Agency. Requests for changes to the subgrant budget must be postmarked no later
than June 30 of the fiscal year to be considered. Requests for budget changes postmarked after June 30 will be denied.
8. Reimbursement Obligation. The State of Florida's perfonmance and obligation to reimburse the subgrantee shall be
subject to the availability of Federal highway safety funds and an annual appropriation by the Legislature. As detailed in
49 CFR, Part 29, Governmentwide Debarment and Suspension (Non procurement) and Governmentwide
Requirements for Drug-Free Workplace (Grants), hereby incorporated by reference, the subgrantee shall not be
reimbursed for the cost of goods or services received from contractors, consultants, vendors, or individuals suspended,
debarred, or otherwise excluded from doing business with the Federal government. The subgrantee or its implementing
agency shall submit the required certification by consultants with awards in excess of the small purchase threshold fixed
at 10 U.S.C. 2304(g) and 41 U.S.C. 253(g) (currently $25,000).
9, Commencement of Projects. If a project has not commenced within 30 days after the acceptance of the subgrant
award, the subgrantee or its implementing agency shall report by letter the steps taken to initiate the project, the reasons
for delay, and the expected starting date, If, after 60 days from the acceptance of the award, project activity as described
herein has not begun, a further statement of Implementation delay will be submitted by the subgrantee or its implementing
agency to the State Safety Office. The subgrantee agrees that if the letter is not received in the 60 days, the State Safety
Office will cancel the project and reobligate the funds to other program areas. The State Safety Office, where warranted
by excusable delay, will extend the implementation date of the project past the 60-day period, but only by formal written
approval from the State Safety Office.
11
~
500-065-0,
SAFCIY
09105
10. Excusable Delays.
(a) Except with respect to the defaults of subgrantee's or implementing agency's consultants and contractors which shall
be attributed to the subgrantee, the subgrantee and its implementing agency shall not be in default by reason of any
failure in performance of this agreement in accordance with its terms if such failure arises out of causes beyond the
control and without the fault or negligence of the subgrantee or its implementing agency. Such causes are acts of God or
of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics,
quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform
must be beyond the control and without the fault or negligence of the subgrantee. If the failure to perform is caused by
the failure of the subgrantee's, or its implementing agency's consultant or contractor to perform or make progress, and if
such failure arises out of causes beyond the control of the subgrantee, its implementing agency and its consultant or
contractor, and without.the fault or negligence of any of them, the subgrantee shall not be deemed to be in default, unless
(1) the supplies or services to be furnished by the consultant or contractor were obtainable from other sources, (2) the
State Safety Office shall have ordered the subgrantee or its implementing agency in writing to procure such supplies or
services from other sources, and (3) the subgrantee or its implementing agency shall have failed to comply reasonably
with such order.
(b) Upon request of the subgrantee or its implementing agency, the State Safety Office shall ascertain the facts and
extent of such failure and, if it shall be determined that any failure to perform was occasioned by anyone or more of the
said causes, the delivery schedule shall be revised accordingly.
11. Obligation of Subgrant Funds. Subgrant funds may not be obligated prior to the effective date or subsequent to the
termination date of the subgrant period. Only project costs Incurred on or after the effective date and on or prior to the
termination date of the subgrant application are eligible for reimbursement. A cost is incurred when the subgrantee's
employee, its implementing agency, or approved contractor or consultant performs the service required or when goods
are received by the subgrantee or its implementing agency, notwithstanding the date of order.
12. Performance. In the event of default, noncompliance, or violation of any provision of this agreement by the
subgrantee, the implementing agency, the subgrantee's consultant(s) or contractor(s) and supplier(s), the subgrantee
agrees that the Department will impose sanctions. Such sanctions include withholding of payments, cancellation,
termination, or suspension of the agreement in whole or in part. In such an event, the Department shall notify the
subgrantee and its implementing agency of such decision 30 days in advance of the effective date of such sanction. The
sanctions imposed by the Department will be based upon the severity of the violation, the ability to remedy, and the effect
on the project. The subgrantee shall be paid only for those services satisfactorily performed prior to the effective date of
such sanction.
13. Access to Records and Monitoring. The Department, National Highway Traffic Safety Administration (NHTSA),
Federal Highway Administration (FHW A), and the Chief Financial Officer and Auditor General of the State of Florida, or
any of their duly authorized representatives, shall have access for the purpose of audit and examination of books,
documents, papers, and records of the subgrantee and its implementing agency, and to relevant books and records of the
subgrantee, its implementing agency, and its consultants and contractors under this agreement, as provided under
Applicable Federal Law.
In addition to review of audits conducted in accordance with OMS Circular A-133, as revised, hereby incorporated by
reference, monitoring procedures will include, on-site visits by Department staff, limited scope audits as defined by OMS
Circular A-133, as revised, and status checks of subgrant activity via telephone calls from Safety Office staff to
subgrantees. By entering into this agreement, the subgrantee and its implementing agency agree to comply and
cooperate with monitoring procedures. In the event that a limited scope audit of the subgrantee or its implementing
agency is performed, the subgrantee agrees to bring the project into compliance with the subgrant agreement. The
subgrantee further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed
necessary by the Chief Financial Officer or Auditor General.
The Department shall unilaterally cancel this subgrant if the subgrantee or its implementing agency refuses to allow public
access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S., and made or
received by the subgrantee or its implementing agency in conjunction with the subgrant.
12
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~ 5OQ.06&.O'
SAFETY
09J05
14. Audit. The administration of resources awarded by the Department to the subgrantee may be subject to audits
and/or monitoring by the Department, as described in this section. For further guidance, see the Executive Office of the
Governor website, which can be found at: www.fsaa.state.f1.us.
Recipients of federal funds (Le. state, or local govemment, or non-profit organizations as defined In OMB Circular A-133,
as revised) are to have audits done annually using the following criteria:
In the event that the subgrantee expends $500,000 or more in Federal awards In its fiscal year, the subgrantee must have
a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Page
1 of this agreement indicates the source of Federal funds awarded through the Florida Department of Transportation by
this agreement. In determining the Federal awards expended in its fiscal year, the subgrantee shall consider all sources of
Federal awards, including Federal funds received from the Department of Transportation. The determination of amounts
of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised.
An audit of the subgrantee conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as
revised, will meet the requirements of this part.
In connection with the audit requirements addressed above, the subgrantee shall fulfill the requirements relative to auditee
responsibilities as provided in Subpart C of OMB Circular A-133, as revised.
If the subgrantee expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with
the provisions of OMB Circular A-133, as revised, is not required. In the event that the subgrantee expends less than
$500,000 In Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of
OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal funds.
Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised, and required by this
agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the
subgrantee directly to each of the following:
(a) Florida Department of Transportation
605 Suwannee Street, MS-17
Tallahassee, FL 32399-0450
(b) Federal Audit Clearinghouse
Bureau of the Census
1201 East 10 Street
Jeffersonville, IN 47132
(c) Other Federal agencies and pass-through entitles in accordance with Sections .320 (e) and (f), OMB Circular A-
133, as revised.
In the event that a copy of the reporting package for an audit required by this agreement and conducted in accordance
with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons pursuant to Section
.320(e)(2), OMB Circular A-133, as revised, the subgrantee shall submit the required written notification pursuant to
Section .320(e)(2) and a copy of the subgrantee's audited schedule of expenditures of Federal awards directly to each of
the following:
Florida Department of Transportation
605 Suwannee Street, MS-17
Tallahassee, FL 32399-0450
In addition, pursuant to Section .320(f), OMB Circular A-133, as revised, the subgrantee shall submit a copy of the
reporting package described In Section .320(c), OMB Circular A-133, as revised, and any management letters issued to
the auditor, to the Department at each of the following addresses:
13
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5OO-OS5<Il
SAFEn'
09105
Florida Department of Transportation
605 Suwannee Street, MS-17
Tallahassee, FL 32399-0450
15. Retention of Records. The subgrantee shall retain sufficient records demonstrating Its compliance with the terms of
this agreement for a period of five years from the date the audit report is issued, and shall allow the Department, or its
designee, the state CFO, or Auditor General access to such records upon request. The subgrantee shall ensure that the
Independent audit working papers are made available to the Department, or Its designee, the state CFO, or Auditor
General upon request for a period of at least five years from the date the audit report Is issued, unless extended in writing
by the Department.
Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the
dispute Is resolved. Records shall also be maintained and accessible in accordance with 49 CFR, Section 18.42 or 49
CFR, Section 19.53.
16. Procedures for Reimbursement. All requests for reimbursement of subgrant costs must be submitted on fonms
provided by the Department (FDOT Fonm Numbers 500-065-04 through 07). Appropriate documentation supportive of the
reported costs must accompany each claim.
The subgrantee or Its implementing agency shall submit financial reimbursement forms to the Safety Office at least once
each quarter as costs are Incurred and payment is made. The only exception is when no costs are incurred during a
quarter. Reimbursement for subgrants with personnel costs shall be made after every two pay periods If paid bi-weekly.
Personnel costs reimbursement shall be requested monthly if payroll is on a monthly basis. Failure to submit
reimbursement requests In a timely manner shall result in the subgrant being terminated.
All requests for reimbursement of Operating Capital Outlay items having a unit cost of $5,000 or more and a useful life of
one year or more shall be accompanied by a Non-Expendable Property Accountability Record (FDOT Form No. 500-
065-09). Payment of the Operating Capital Outlay costs shall not be made before receipt of this form.
A final financial request for reimbursement shall be postmarked no later than October 31 following the end of the subgrant
period. Such request shall be distinctly identified as Final. Failure to submit the invoice in a timely manner shall result in
denial of payment. The subgrantee agrees to forfeit reimbursement of any amount incurred if the final request is not
postmarked by October 31 following the end of the subgrant period.
The Safety Office has a 30-day review process of financial reimbursement requests from the date of receipt.
Reimbursement requests will be returned if not completed properly.
17. Ownership of Data and Creative Material. The ownership of material, discoveries, inventions and results
developed, produced, or discovered by the agreement are governed by the terms of 49 CFR, Section 18.34, 49 CFR,
Section 19.36, or OMS Circular A-11 0, hereby incorporated by reference.
In addition to the provisions for 49 CFR, Part 18 and 49 CFR, Part 19, the State Safety Office reserves a royalty-free,
nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use:
(a) The copyright in any work developed under a subgrant or contract under a subgrant; and
(b) Any rights of copyright to which a subgrantee or a contractor purchases ownership with sub grant support.
18. Property Accountability. The subgrantee or its implementing agency shall establish and administer a system to
control, protect, preserve, use, and maintain and dispose of any property furnished by the Department, or purchased
pursuant to this agreement in accordance with Federal Property Management Standards as set forth in 49 CFR, Section
18.32,49 CFR 19, Section 19.34, or OMS Circular A-11 0, incorporated herein by reference. This obligation continues as
long as the property is retained by the subgrantee or its implementing agency, notwithstanding the expiration of this
agreement.
14
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SAFETY
09105
19. Disputes. Any dispute, disagreement, or question of fact arising under the agreement shall be decided by the State
Safety Office in writing and shall be distributed to parties concerned. A written appeal may be made within 30 calendar
days to the Governor's Highway Safely Representative at the Fiorida Department of Transportation, 605 Suwannee
Street, MS 57, Tallahassee, Florida 32399-0450, whose decision is final. The subgrantee and its implementing agency
shall proceed diligently with the performance of the agreement and in accordance with Department's decision.
20. Conferences, Inspection of Work. Conferences may be held at the request of any party to this agreement.
Representatives of the Department or the U.S. Department of Transportation (USDOT), or both, shall be privileged to visit
the site for the purpose of inspection and assessment of work being performed at any time.
21. Publication and Printing of Observational Surveys and Other Reports.
(a) Before publication or printing, the final draft of any report or reports required under the agreement or pertaining to
the agreement shall be submitted to the State Safety Office for review and concurrence.
(b) Each publication or other printed report covered by Paragraph 21.a. above shall include the following statement
on the cover page:
(1) This report was prepared for the State Safety Office, Department of Transportation, State of Florida, in
cooperation with the National Highway Traffic Safety Administration, U.S. Department of Transportation
and/or Federal Highway Administration, U.S. Department of Transportation.
(2) The conclusions and opinions expressed in these reports are those of the subgrantee and do not necessarily
represent those of the State of Florida, Department of Transportation, State Safety Office, the U.S.
Department of Transportation, or any other agency of the State or Federal Government.
22. Equal Employment Opportunity. No person shall, on the grounds of race, color, religion, sex, handicap, or national
origin, be excluded from participation in, be refused the benefits of, or be otherwise subjected to discrimination under this
subgrant, or any project, program, or activity that receives or benefits from this subgrant award. The subgrantee and its
implementing agency agree to comply with Executive Order (E.O.) 11246, as amended by E.O. 11375, and as
supplemented by 41 CFR, Part 60, incorporated herein by reference.
23. Responsibility for Claims and liability. Subject to the limitations of Section 768.28, Florida Statutes, the
subgrantee and its implementing agency shall be required to defend, hold harmless and indemnify the Department,
NHTSA, FHWA, and USDOT, from all claims and liability, or both, due to negligence, recklessness, or intentional wrongful
misconduct of subgrantee, implementing agency, and its contractor, consultant, agents and employees. The subgrantee
and its implementing agency shall be liable for any loss of, or damage to, any material purchased or developed under this
subgrant agreement which is caused by the subgrantee's or its implementing agency's failure to exercise such care in
regard to said material as a reasonable careful owner of similar materials would exercise.
The parties executing this agreement specifically agree that no provision in this agreement is intended to create in the
public or any member thereof, a third party beneficiary, or to authorize anyone not a party to this agreement to maintain a
suit for personal injuries or property damage pursuant to the terms or provisions of this agreement.
24. Disadvantaged Business Enterprises (DBE).
(a) The subgrantee and its implementing agency agree to the following assurance:
The subgrantee and its implementing agency shall not discriminate on the basis of race, color, national origin, or
sex In the award and performance of any US DOT-assisted contract or in the administration of its DBE program
required by 49 CFR, Part 26, incorporated herein by reference. The subgrantee shall take all necessary and
reasonable steps under 49 CFR, Part 26 to ensure nondiscrimination in the award and administration of USDOT-
assisted contracts. Implementation of this program Is a legal obligation and failure to carry out its terms shall be
treated as a violation of this agreement. Upon notification to the subgrantee of its failure to carry out its approved
program, the USDOT may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer
the matter for enforcement under 18 U.S.C.1001 and/or the Program Fraud Civil Remedies Act of 1986 (31
U.S.C. 3801 et seq.), herein incorporated by reference.
15
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_ 500-0ss.o1
SAFETY
09ll>S
(b) The subgrantee and its implementing agency agree to include the fOllowing assurance in each contract with a
consultant or contractor and to require the consultant or contractor to include this assurance in all subcontract
agreements:
The consultant or contractor and subconsultant or subcontractor shall not discriminate on the basis of race, color,
national origin, or sex in the performance of this contract. The consultant or contractor shall carry out applicable
requirements of 49 CFR, Part 26 in the award and administration of USDOT-assisted contracts. Failure by the
consultant or contractor to carry out these requirements Is a material breach of this contract, which may result in
the termination of this contract or such other remedy, as the subgrantee, its implementing agency, or the
Department deems appropriate.
25. Restrictions on Lobbying. The subgrantee and its implementing agency agree to comply and require consultants
and contractors to comply with 49 CFR, Part 20, New Restrictions on Lobbying, herein incorporated by reference, for
filing of certification and disclosure forms.
No funds granted hereunder shall be used for the purpose of lobbying the legislature, the Judicial branch, or state
agencies. Section 216.347, Florida Statutes.
26. How Agreement is Affected by Provisions Being Held Invalid. If any provision of this agreement is held invalid,
the remainder of this agreement shall not be affected. In such an instance the remainder would then continue to conform
to the terms and requirements of applicable law.
27. Federal Requirement for Public Service Announcements. All public service announcements produced with
Federal Highway Safety funds shall be closed captioned for the hearing impaired.
28. Public Awareness Materials and Promotional Items. All public awareness materials and promotional items
reimbursed with subgrant funds shall contain a traffic safety message. Where feasible, either the Florida Department of
Transportation logo or the words "Funding provided by the Florida Department of Transportation." shall appear on all
items.
The name of the subgrantee or implementing agency and its logo can appear on printed materials and promotional items.
The names of individuals connected with the subgrantee shall not appear on printed materials and promotional items paid
for with Federal highway safety funds,
Before printing public awareness materials or ordering promotional items, a final draft or drawing of the Items shall be
submitted to the State Safety Office for review. The Office shall provide written approval for reimbursement if the items
are appropriate for purchase under this agreement. Copies of all public awareness materials purchased with Federal
highway safety funds shall be attached to the forms requesting reimbursement for the items.
29. Term of Agreement. Each subgrant shall begin on the date of the last party to sign the agreement and shall end on
September 30, following, unless otherwise stipulated by the State Safety Office on the first page of the respective
agreement. The subgrant period shall not exceed 12 months.
30. Clean Air Act and Federal Water Pollution Control Act. For subgrant awards in excess of $100,000 the
subgrantee and its implementing agency agree to comply with all applicable standards, orders, or regulations issued
pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.), herein incorporated by reference. The subgrantee shall include this provision in all subcontract awards in excess of
$100,000.
31. Personnel Hired Under Agreement. The head of any implementing agency receiving first year funding for a new
position(s) through a subgrant shall provide written notification within 30 days of the agreement being awarded to the
State Safety Office that a new position(s) has been created in the agency as a result of the subgrant being awarded.
Any and all employees of the subgrantee or implementing agency whose positions are funded, in whole or in part through
a subgrant, shall be the employee of the subgrantee or implementing agency only, and any and all claims that may arise
from said employment relationship shall be the sole obligation and responsibility of the subgrantee or its implementing
agency.
16
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5QO.06S.O'
SAFETY
O9IOS
32. Repossession of Equipment. Ownership of all equipment purchased with Federal highway safety funds rests with
the subgrantee and its implementing agency; however, the USDOT maintains an interest in the equipment for three fiscal
years following the end of the subgrant period. Any equipment purchased with Federal highway safety funds that is not
being used by the subgrantee or its implementing agency for the purposes described in the subgrant shall be
repossessed by the State Safety Office, on behalf of the USDOT. Items that are repossessed shall be disbursed to
agencies that agree to use the equipment for the activity described in this subgrant.
33. Replacement or Repair of Equipment. The subgrantee and its implementing agency are responsible, at their own
cost, for replacing or repairing any equipment purchased with Federal highway safety funds that is damaged, stolen, or
lost. or that wears out as a result of use. Federal regulations prohibit funding equipment replacement.
34. Ineligibility for Future Funding. The subgrantee and its Implementing agency agree that the Department shall find
the subgrantee or its implementing agency ineligible for future funding for any of the following reasons:
(a) Failure to provide the required audits.
(b) Failure to continue funding positions created with highway safety funds after the Federal funding cycle ends,
(c) Failure to provide required quarterly and final reports in the required time frame,
(d) Failure to perform work described in Part II of the subgrant agreement,
(e) Providing fraudulent quarterly reports or reimbursement requests,
(f) Misuse of equipment purchased with Federal highway safety funds.
35. Safety Belt Policy. Each subgrantee and implementing agency shall have a written safety belt policy, which is
enforced for all employees. A copy of the policy shall be submitted with the subgrant application.
36. Safety Belt Enforcement. All law enforcement agencies receiving subgrant funds shall have a standard operating
procedure regarding enforcement of safety belt and child safety seat violations. A copy of the procedure shall be attached
to the subgrant application. '
Law enforcement agencies receiving subgrant funds shall participate in the safety belt enforcement waves conducted in
Florida and shall report their participation on the appropriate form by the deadline. Failure to participate shall result in the
subgrant being terminated.
37. Certification for Equipment Costing More than $500 per Item. The head of any implementing agency purchasing
equipment costing more than $500 per item shall send a letter to the Safety Office upon award of the subgrant certifying
that none of the items being purchased with federal highway safety funds is replacing previously purchased equipment,
whether the equipment was purchased with federal, state, or local funds.
38. Checkpoint Reporting. Any law enforcement agency that conducts DUI checkpoints shall attach a copy of the After
Action Report for each checkpoint operation conducted during a quarter to its Quarterly Progress Report of
Performance Indicators.
39. Child Safety Seats. Any implementing agency that receives funds to purchase child safety seats must have at least
one staff member who is a current Certified Child Passenger Safety Technician. Failure to comply with this provision shall
result in the termination of this agreement.
40. Special Conditions.
The Implementing Agency shall particiapte in the You Drink & Drive. You Lose. Sustained Enforcement Program and
submit monthly reports. Failure to submit monthly reports shall be grounds for cancelling the project.
17
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50Q.06S.(),
- SAFETY
09105
PROJECT NUMBER: J8-06-06-04
IN WITNESS WHEREOF, the parties affirm that they have each read and agree te the cenditiens set ferth in Part V of this
Agreement, that each have read and understand the Agreement in its entirety. New, therefere, in consideratien 'Of the
mutual cevenants, premises and representatiens herein have executed this Agreement by their undersigned 'Officials en
the day, menth, and year set 'Out belew.
(Fer DOT Use Only)
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
SUBGRANTEE
" ~-~L
Assistant Secretary for
Enqineerinq & Operations
City of Delray Beach - Police Department
Name 'Of Applicant Typed
U~kL~~
Signature 'Of Autherized Representative
By:
Title:
David T. Harden
Autherlzed Representative's Name Typed
Date:
101/ /0S-
- or
Tille:
City Manager
q (lwo('"
Attest:
~~d~~
Date:
Attest:
FEDERAL FUNDS ALLOCATED
$41,603.00
ADMINISTRATOR OF IMPLEMENTING AGENCY
By: ~~istrater
Reviewed fer the Department 'Of Transpertatien:
By:
~I~/'Z
-- ...---:,,- -..- ..--.<...--"-
,/ A orney,-;:rOT
.
Joseph L. Schroeder
Administrater's Name Typed
Date:
, w ---
5" - )/ - [J
Title: Chief of Police
NOTE: Ne whiteeut 'Or erasures accepted en this signature page.
18
~
.~ - ~
.
~
... ,
Florida Department of Transportation
~
JEB BUSH
GOVERNOR
605 Suwannee Street
Tallahassee, FL 32399-0450
September 19, 2005
DENVER J. STliTLER. JR.. P.E.
SECRET ARV
To Whom It May Concern:
Until such time as the State Safety Administrator position in the DOT Safety Office is
filled, Traffic Safety Administrator, Carla G. Sims has signature authority for me on all
sub grant applications awarded.
Sincerely,
r?-/&
KevUib:ult, P.E.
Assistant Secretary for
Engineering and Operations
KT/cs
cc: Applications
File
www.dot.state.fl.us
DELRA Y BEACH POLICE DEPARTMENT
SEATBELT USE/RESTRAINING DEVICES
Original Issue: 0510412004
I Effective: 0510412004
, Distribution: All
Revision Number: New Order
CFA Standards: 17.10M
I. POLICY
The Delray Beach Pollee Department requires
members and passengers to use seat belts
and/or restraining devices in pOlice vehicles. In
circumstances in which the use of seatbelts
and/or restraining devices may hamper officer
safety or efficient performance of law
enforcement functions, supervisory exemptions
will be granted.
II. THE ORDER
1.0 Seatbelt Use and Responsibility
1.1 All Department members operating or
riding in a City owned vehicle will use
seatbeltslrestraining devices as required
by City policy GA-15; Use of Seat Belts.
1.2 Seatbelt usage is mandatory for citizens
who are passengers in Department-owned
vehicles.
a. Members will secure
arrestee/detainees in a transport
vehicle with seat belts, if equipped,
unless they are violent, pose a threat
to officer safety or other exigent
circumstances per G.O. 112, Section
5.12.
1.3 Child restraint device usage is mandatory
while transporting a child in a City-owned
vehicle.
a. For children aged through 3 years,
such restraint device must be a
separate carrier or a vehicle
manufacturer's integrated child seal
b. For children aged 4 through 5 years, a
separate carrier, an integrated child
seat, or a seat belt may be used.
2.0 Procedures for Seatbelt Use
2.1 When the use of seatbelts would have an
adverse affect on officer safety or interfere
with tactical or other functions, an
exception to this procedure will be granted
~
General Order 1907
by a first-line supervisor and/or
commanding officer.
2.2 Exceptions to the wearing of seatbelts
will be granted for a specific incident
or special operation, not to extend
beyond completion of the operation or
the end of the duty shift for the day.
2.3 No person will operate a Department
vehicle in which the driver's seatbelt is
inoperable.
2.4 No person will be transported in the
front passenger seat if that seat belt is
inoperable.
2.5 No person will disable or circumvent
any seatbelt, supplemental restraint
system, or restraint system, either by
disconnection, damage or any other
means.
~
JOSEPH L. SCHROEDER
CHIEF OF POLICE
Reference:
G.O.112
City Administrative Policy & Procedure GA-15
F.S,S. 316.614 Safety Belt Usage
F.S.S. 316.613 Child Restraint Requirements
1 of 1
Date: October 17.2005
AGENDA ITEM NUMBER:
?!;D
AGENDA REOUEST
Request to be placed on:
X Consent Agenda _ Regular Agenda _ Workshop Agenda_ _ Special Agenda
VVhen: ()ctober25.2005
Description of agenda item (who, what, where, how much):
The Delray Beach Police Department has received notification from Florida Department of
Transportation (FDOT) that The City of Delray Beach has been awarded a Highway Safety Grant
for Driving Under the Influence (DUI) in the amount of $41,603,00, This grant covers 50% of the
DUI Officer's salary and will complete the third and final year of the DUI Grant.
Upon your approval we will be able collect funds for this project on a quarterly basis,
City Attorney Review /Recommendatio
Department Head
Signature:
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials:
Account Number
Description
Account Balance:
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda&/ No Initials: ZM
Hold Until:
Agenda Coordinator Review:
Received:
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER fJv1
AGENDA ITEM # ~ - REGULAR MEETING OF OCTOBER 25. 2005
SERVICE AUTHORIZATION #18/CURRIE SOWARDS AGUILA
ARCHITECTS
TO:
SUBJECT:
DATE:
OCTOBER 21, 2005
This is before the Commission to approve Service Authorization No. 18 to Currie Sowards Aguila
Architects in the amount of $147,500.00 for consulting services for the design and construction of the
proposed new Administration Building at the Environmental Services Department (ESD) site.
The scope of the contract includes preparation and submittal of materials sufficient for site plan
approval by the Site Plan Review and Appearance Board (SPRAB) and preparation of construction
documents sufficient for permitting and construction; including all professional services. The total
proposal for the described scope is $147,500.00 which includes a $4,500.00 allowance for
reimbursable expenses. Optional services include construction administration for an additional
$37,500.00 if authorized by the City at a future date. A current estimate for construction of the
building is $2,750,000.00 with consulting services representing approximately 6.4% of the estimated
construction cost.
Funding is available from 441-5161-536-62.32 (Water/Sewer Fund/ESD Building Expansion).
Recommend approval of Service Authorization No. 18 to Currie Sowards Aguila Architects in the
amount of $147,500.00 for the new Administration Building at the ESD Site.
S:\City Clerk\agenda memos\SA 18 Currie Sowards 102505
City Of Delray Beach
Department of Environmental Services
MEMORAN
D
u
M
lVWW.mydelraybeach.com
TO:
David T. Harden, City Manager ~
Richard C. Hasko, P .E., Environmental Services Director G
FROM:
SUBJECT:
ESD BUILDING EXPANSION
DATE:
October I8, 2005
Attached is Service Authorization #18 for Curry, Sowards, Aguila Architects for provision of
professional consulting services required for the design and construction of the proposed new
Administration Building at the Environmental Services Department site. The scope of the contract
includes preparation and submittal of materials sufficient for site plan approval at SPRAB,
preparation of construction documents sufficient for permitting and construciton of the facility,
including all professional services, i.e., architectural, civil site design, MEP, irrigation and
landscaping. The total proposal for the described scope is $147,500 which includes a $4,500
allowance for reimbursable expenses. Optional services include construction administration for an
additional $37,500 if authorized by the City at a future date.
With a current estimate for construction of the building at $2,750,000, consulting services as
described represent approximately 6.4% of the estimated construction cost. Funding for this
agreement is available in W&S New Capital account #441-5161-536-62.32, ESD Building
Expansion.
Please place this item on the agenda for the October 25, 2005, regular meeting for consideration by
City Commission.
Cc: Randal Krejcarek, P.E., City Engineer
Victor Majtenyi, Construction Manager
CURRIE. SOWARDS. AGUILA. ARCHITECTS
Robert G. Currie, AlA
Jess M. Sowards, AlA
Jose N. Aguila, AlA
CURRIE SOWARDS AGUILA ARCHITECTS
CONSULTING SERVICE AUTHORIZATION
DATE: Octal>er 17,2005
SERVICE AUTHORIZATION NO. Eitlhteen 18 FOR PROFESSIONAL CONSULTING SERVICES
CIlY P. O. NUMBER: CllY EXPENSE CODE:
TITLE: Environmental Services Department Administration Bulldin&l
CSAA #
050302
This Service Authorization, when executed, shalll>e incorporated in and shalll>ecome an integral part of
the Agreement dated March 29,1996. as amended. I>etween the City of Defray Beach and The Rol>ert
G, Currie Partnerehip. Inc.. dl>a Currie Sowards Aguila Architect!;.
PROJECT DESCRIPTION
Project generally consists of providing Site Plan approval services and permit and
construction documents for a 1 story office building for the Environmental Services
Department of the City of Delray Beach, This office building will be approximately 11.000
square feet of floor area and will be located at 400 South Swinton Avenue on a portion
of a larger site owned by the City. The documents will be prepared based upon the
conceptual site plan. floor plan and elevation dated 9-6-05 previously approved by City
staff, It is anticipated that some minor modifications will likely be required upon further
development of the documents.
II SCOPE OF SERVICES
Scope of services will generally include the following services:
A. Site Planning Approval Services - (SPRAB)
B, Schematic Design
C, Design Development
D. Construction Documents
E. Bidding Assistance
F. Permitting Assistance
G. Limited Construction Administration Services
H. Civil Engineering limited to partial site boundary
I. Landscape Architecture limited to partial site boundary
J. Structural Engineering Services
K, Mechanical. Electrical and Plumbing Engineering Services
L. Architectural Services
M. Technical Specifications
fORMERLY ROBERT Q, CURRIr; PARTNERSHIP, INC.' AlA f'LORIDA fiRM or THe yeAR 2000
I .3 4 North east r lu t Ave n u C . 0 e1ra y 8 each. r" 10 r Id a 33444 . ~ 6 I .276.49" I . fa J(: "6 I -24 J .8 I 84- . A AO 00 227 I
www.currlearc.com
II
The following items include services NOT INCLUDED
A. Soil Borings and Recommendations
B. Survey - Boundary. Tree. Topographic. Environmental. etc.
C. Furniture, Fixtures and Equipment Selection
D, Fire protection design services
E. Renderings or Models
F, Threshold Inspections
G. Cost Estimates
H. SFWMD agency review
I. Application or agency fees of any kind
TA5K II-A 51TE PLAN APPROVAL PHA5E
This phase will include the necessary documents required to obtain site plan approval
from the City of Delray Beach. In this phase a landscape planting plan and preliminary
civil engineering will be required in addition to the architectural site plan. floor plan and
elevations.
TA5K 11-13 CON5TRUCTION DOCUMENT PHA5E
This phase will include the necessary documents required to obtain a building permit
from the City of Delray Beach, In this phase the architectural. landscape and
irrigation, engineering and specifications will be completed. Also included in this phase
will be building permitting and bidding assistance,
TA5K II-C CON5TRUCTION ADMINI5TRATION PHA5E - Optional
This phase will generally include response to RFI's. review of genera! contractors
request for payment, shop drawing review and periodic site visits to observe progress
of construction activities.
III 6UDGET
Professional services and preparation of required drawings, specifications. and details. and
attendance at required meetings as described above will be completed for a lump-sum-fee as
follows:
. Task II-A $ 37.000.00
. Task II-B $106.000.00
. Task II-C $ 37,000,00 (optionai if authorized)
for a totallump-sum-fee for Tasks li-A and B of One Hundred and Fort;y-Three Thousand
Dollars ($143.000.00) and No Cents. Reimbursable expenses are in addition to the above
expected to be no more than $4,500.00 Dollars, which will not be exceeded without prior
authorization,
IV COMPLETION DATE
Each Task will be completed in an expeditious manner, consistent with a written Notice to
Proceed from the City, However. we estimate Task II-A to be completed within 90 days of NTP,
and Task II-B to be completed within 145 days from NTP,
///
/ / /
-/-r/
-/-/:-/
-" -" -"
This Service Authorization is approved contingent upon the City's acceptance of and satisfaction with
the completion of services rendered in the previous phase or as encompassed by the previous Service
Authorization. If the City In it6 sole discretion is unsatisfied with the service provided in the previous
phase or Service Authorization, the City may terminate the Contract without incurring any further
liability. The CONSULTANT may not commence work on any Service Authorization approved by the City
to be Included as part of the Contract without a further notice to proceed.
Approved by:
CITY OF DELRAY BEACH
Date:
)',' I
) ,
Date: '.l:" :
, - ,
..' I, ...
" " "
,.' .,).)"
I . ,I"
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,--
"l'
Jeff Perlman, Mayor
Attest:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The following instrument was acknowledged
Before me this X1- Day of C\c:r"o ~
2005, by Jose Aguila, of Currie Sowards
Aguila Architects, a professional Association.
He i personally known to me and did not take
~"
Notary Public
My Commission Expires:
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AGENDA ITEM NUMBER: ~
AGENDA REQUEST
Date: October 18, 2005
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda
When:
October 25, 2005
Description of agenda item:
Staff requests Commission approval of Service Authorization #18 to Curry, Sowards, Aguila
Architects in the amount of $147,500 for professional consulting services required for design and
construction of the proposed ESD Administration Building at the Environmental Services
Department site, Scope includes preparation of materials for site plan approval and subsequent
permitting and construction of the facility, Current construction budget for the facility is $2,750,000,
Funding is available in W&S New Capital account # 441-5161-536-62,32, ESD Building Expansion,
ORDINANCE/RESOLUTION REQUIRED:
Draft of Resolution Attached:
YES
YES
NO
NO
x
X
Recommendation:
ion #18,
Department Head Signature:
/ o~I<f--.:J5
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review
(required on all items involving expenditure of funds):
Funding available: c9 i .f:-Z
Funding alternatives (if applicable):
No
Account Number:
t.t41 - [) 110/ - S 3~ 1..2-,5 L.
(SD Dui/d'/l3 b'f-f14r7S(~
IZ,C; 'fu, ~S7).
. r
Account Description:
Account Balance:
City Manager Review:
Approved for Agenda:
(3
!1J1
No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved:
Disapproved:
P.O. #
AGENDA ITEM NUMBER:
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGE~1
AGENDA ITEM # ~ - REGULAR MEETING OF OCTOBER 25. 2005
CHANGE ORDER NO.3 (CONTRACT ADDITION)/ROSSO PAVING
AND DRAINAGE. INC.
SUBJECT:
DATE:
OCTOBER 21, 2005
This is before Commission to approve Change Order No.3 (Contract Addition) in the amount of
$75,958.65 to Rosso Paving and Drainage, Inc. for the N.E. 4'h Avenue Project.
Funding is available from 334-3162-541-65.81 (General Construction Fund/N.E. 4'" Avenue), 448-
5461-538-65.81 (Stormwater Utility Fund/N.E. 4'h Avenue), and 442-5178-536-63.50 (Water/Sewer
Renewal and Replacement Fund/Water Mains).
Recommend approval of Change Order No.3 (Contract Addition) in the amount of $75,958.65 to
Rosso Paving and Drainage, Inc. for the N.E. 4'h Avenue Project.
S:\City Clcrk\agcnda memos\CO ContJ'act Addition Rosso Paving NE 4th Ave 102505
M City Of Delray Beach
Department of Environmental Services
M
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www.mydelraybeach.com
TO:
David Harden, City Manager
SUBJECT:
Rafael Ballestero, Deputy Director for Construction
N.E. 4TH A VENUE IMPROVEMENTS (pIN 2003-038) ~
Change Order #3, Contract Addition
FROM:
DATE:
OCTOBER 19,2005
Attached is a request for the City Commission to approve Change Order #3 (Contract Addition) to Rosso
Paving and Drainage, Inc, for several items on the above referenced project. These items include:
1, Modifications to reinstall,parking lot exits, and to improve drainage, at the northeast corner of
NE 4'h Avenue and NE 1 Street. The cost for this work is $14,971,68,
2, Modify alley aprons north of Atlantic Avenue to accommodate delivery truck access, and
miscellaneous changes, The cost for this work is $8,057,58,
3, Convert draina~e inlet to manhole and adjust to proposed pavement elevation, at the southeast
corner of NE 4' Avenue and NE 1" Street. The cost for this work is $2,616,83,
4. Remove asphalt paving, install drainage and brick pavers in front of 143 to 155 NE 4'h Avenue,
to resolve drainage issue, The cost for this work is $47,411,31, This cost will be shared with the
CRA. The City will pay $22,890,00, and the CRA will pay $24,521,31,
5, Adjust fire hydrant elevation and convert another drainage inlet to manhole, at the northeast
corner of NE 4'h Avenue and NE 1st Street. The cost for this work is $2,901,25,
6, Total cost for all work is $75,958,65
Staff recommends award of contract addition #3 to Rosso Paving and Drainage, Inc. in the amount of
$75,958.65, on the N.E. 4th Avenue Improvements Project, PIN 2003-038,
Funding is available as follows:
Funding Source
General Capital (1)
Drainage (2)
Sanitary Sewer R&R
Total
Account Number
334-3162-541-65,81
448-5461-538-65,81
442-5178-536-63,50
Amount
$24,521,31
$48,536,09
$2,901,25
$75,958.65
Notes: (1) Funding to be provided by CRA
(2) Funding to be provided via attached transfer
CC: Richard Hasko; Director of ESO
Diane Colonna, eRA Director
Randal Krejcarek; City Engineer
Victor Majtenyi, Construction Manager
City Clerk's Office
Agenda File
File 2003-038(A)
S:\EngAdmin\Projects\2003\2003-038\CONSTRUC1\Agenda memoC0#3 Rosso 10.25.05 .doc
CITY OF DELRA Y BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO, 3 (Contract Addition) PROJECT NO, 03-038
DATE:
PROJECT TITLE:
TO CONTRACTOR:
N.E. 4tb Avenue Improvements
Rosso Paving & Drainage, Inc.
YOU ARE HEREBY REQUESTED TO MAKE TIlE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR TIllS PROJECT
AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS,
JUSTIFICATION:
1. Modifications to reinstall parking lot exits, and improve drainage.
2. ModifY alley aprons to accommodate delivery truck access, and misc. changes.
3. Adjust elevation / convert inlet to manhole, SE comer 4th Ave / pt Street
4. Remove asphalt; install drainage and brick pavers, 143 to 155 NE 4th Ave.
5. Adjust hydrant, and convert inlet to manhole, NE corner 4th Ave / }SI Street
$14,971.68
$8,057,58
$2,616,83
$47,411.31
$2901.25
Total: $75,958.65
SUMMARY OF CONTRACT AMOUNT
O~GINALCONTRACTAMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES TIllS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PER CENT INCREASE THIS CHANGE ORDER 8,48 %
TOTAL PER CENT INCREASE TO DATE 15.64 %
TOTAL CONTRACT TIME WILL BE INCREASED BY 4 I DAYS
CERTIFIED STATEMENT: I hereby certifY that the supporting cost data included is, in my considered opinion, accurate; that the prices
quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under
benefit of competitive bidding,
$895,651.65
$64 110.45
$960,062,10
$75.958,65
$1,036,020,75
Rosso Paving & Drainage, Inc.
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding Source
General Capital (1)
Drainage (2)
Sanitary Sewer R&R
Total
Account Number
334.3162.541-65,81
448.5461-538-65,81
442.5178.536-63,50
Amount
$24,521,31
$48,536.09
$2,901.25
$75,958.65
DEPARTMENT
FUNDING
CERTIFIED BY
DELRA Y BEACH, FLORIDA by its City Commission
RECOMMEND:
By:
Environmental Services
Mayor
ATTEST:
By:
APPROVED:
City Attorney
City Clerk
S:\EngAdmin\Projects\2003\2003-038\CONSTRUCT\C0#3 Rosso 1 O.l8.05.doc revised
ROSSO PAVING & DRAINAGE, INC.
350 Martin Lane (561) 688-0288
West Palm Beach, FL 33413 Fax (561) 688-0118
August 29, 2005
City ofDelray Beach
100N.W. 1st Avenue
Bldg. Dept.
Delray Beach, FL 33444
Attn: Mr. Rafael Ballestero
RE: NE 4TIl Avenue, from E. Atlantic Ave. to NE 2nd, Project 2003-038
CHANGE ORDER # 5
Dear Rafael,
We respectfully submit the following request for change order for the above
referenced project. The additional work involved Storm Drainage Revisions at the N,E.
comer ofN.E. 1st Street and N.E. 4th Ave.
Summary
JIDA VIS WORK.:
Mob/Demob
Type P Inlet
18" Rep
Convert Inlet to Type 7 Manhole
Core & Tie Existing Structure
Credit USF 5130-6016
ILS @
lEA @
28LF @
lEA @
1 EA @
lEA @
$ 500,00
$3,500,00
$ 48.00
$1,800.00
$1,092.50
($ 505.00)
$ 500.00
$ 3,500.00
$ 1,344.00
$ 1,800.00
$ 1,092.50
($ 505.00)
$ 7,731.50
$ 386.58
Sub Total:
Rosso 5%
ROSSO WORK.:
1. Placed 100 LF of 'F' curb: Per contract unit price
Remove 110 LF of 'F' curb:
$ 1,661.00
$ 1,200.00
$ 706.60
2. Remove 35.55 SlY ofbase material:
3. Prepare 110 LF of curb pad:
4. Furnish and place flowable fill: 35 slyds @ $ 62.46
$ 1,100.00
$ 2.186.00
GRAND TOTAL:
ITEMS COVERED BY UNIT PRICE
5, Furnish and paverbrick: approx. 315 sift. measured in field.
The contract time will increase by 10 days due to this change order.
$ ]4,971.68
ROSSO PAVING & DRAINAGE, INC.
350 Martin Lane (561) 688-0288
West Palm Beach, FL 33413 Fax (561) 688-0118
August 31, 2005
City of Delray Beach
100N.W. 1st Avenue
Bldg. Dept.
Delray Beach, FL 33444
Attn: Mr. Rafael Bailestero
RE: NE 4TH Avenue, from E. Atlantic Ave. to NE 2nd, Project 2003-038
CHANGE ORDER # 6
Dear Rafael,
We respectfully submit the following request for change order for the above
referenced project.
A) Alleyway - approximately 200 LF North of Atlantic on East side. Widened approach.
1. Remove and replace "F" curb
2. Remove and replace ribbon curb
3. Extend flowable fill area.
4. Re-grade area for pavers.
$2,250.00
B) In front of yellow building under construction, West side of street. Met with Rafael
And GC on 7/21/05. Told to remove ail concrete in front of building.
1. Y:z load of concrete
2. Equipment - Loader 3 hrs.
3. Labor - 3 men, 3 hrs.
$ 660.00
C) Parking lot North of 65 N.E. 4th new building, East side.
1. Removed concrete curb's both sides
$ 400.00
ROSSO PAVING & DRAINAGE, INC.
350 Martin Lane (561) 688-0288
West Palm Beach, FL 33413 Fax (561) 688-0118
September 20, 2005
City of Delray Beach
100N.W. 1st Avenue
Bldg. Dept.
Delray Beach, FL 33444
Attn: Mr. Rafael Bailestero
RE: NE 4TH Avenue, from E. Atlantic Ave. to NE 2nd, Project 2003-038
CHANGE ORDER # 8
Dear Rafael,
We respectfully submit the following request for change order for the above
referenced project.
I. Trench Drain
137LF @ $90.00
$ 12,330.00
2. Remove 31' of 'F' curb
$ 300.00
3. Replace 27' of 'F' curb
$ 675.00
5. Patch where curb was removed
$ 3,475.00
$ 2,000.00
4. Excavation
6. Furnish and place curb on both sides of
trench drain 6 X 6
$ 4.l10.00
Total:
$ 22,890.00
AS PER BID ITEMS
I. Paver brick installation to be paid under contract
amount and measured in field +-
+ - 2192.04 @ $7.75
$ 16,988.31
2. Flowable fill or crushed concrete
243 SY
@ $31.00
$ 7.533.00
$ 24,521.31
Total:
GRAND TOTAL:
$ 47.411.31
The contract time will increase by 21 days due to this change order.
Respectfully,
~{f~7ft
Vice-President
ROSSO PAVING & DRAINAGE, INC.
350 Martin Lane (561) 688-0288
West Palm Beach, FL 33413 Fax (561) 688-0118
October 7, 2005
City of Delray Beach
IOON.W.1st Avenue
Bldg. Dept.
Delray Beach, FL 33444
Attn: Mr. Rafael Ballestero
RE: NE 4TI1 Avenue, from E, Atlantic Ave. to NE 2nd, Project 2003-038
CHANGE ORDER # 9
Dear Rafael,
We respectfully submit the following request for change order for the above
referenced project.
l. Furnish & install 6' F,H. ext. S 450.00
2. Convert inlet to manhole. S 1,800.00
Mobilization/Demobilization S 275.00
Total: S 2,525.00
Rosso 5% S 126.25
Total: $ 2,651.25
3. Re-grading. $ 250.00
Grand Total: $ 2,901.25
Respectfully,
~~~,
President
The contract time will increase by * days due to this change order.
tf.e;ftmf /fj yJ;r
;P'/L f6 ~
~ IOj;O!cY,:,-
Agenda Item No,: ~
AGENDA REQUEST
DATE: October 19, 2005
Request to be placed on:
-----X- Regular Agenda
_ Special Agenda
_ Workshop Agenda
WHEN: October 25,2005
Description of item (who, what, where, how much):
Request to approve Change Order #3 (Contract Addition) to Rosso Paving and Drainage, Inc" on the NE 41h Avenue
project. These items include:
1, Modifications to reinstall parking lot exits, and to improve drainage, at the northeast corner of NE 41h
Avenue and NE 1'1 Street. The cost for this work is $14,971,68,
2, Modify alley aprons north of Atlantic Avenue to accommodate delivery truck access, and miscellaneous
changes, The cost for this work is $8,057,58,
3, Convert drainage inlet to manhole and adjust to proposed pavement elevation, at the southeast corner
of NE 4th Avenue and NE 1" Street. The cost for this work is $2,616,83,
4, Remove asphalt paving, install drainage and brick pavers in front of 143 to 155 NE 4th Avenue, to
resolve drainage issue, The cost for this work is $47,411,31, This cost will be shared with the CRA, The
City will pay $22,890,00, and the CRA will pay $24,521,31,
5. Adjust fire hydrant elevation and convert another drainage inlet to manhole, at the northeast corner of
NE 41h Avenue and NE 1'1 Street. The cost for this work is $2,901,25,
6, Total cost for all work is $75,958,65
Funding is available as follows:
Funding Source
General Capital (1)
Drainage (2)
Sanitary Sewer R&R
Total
Notes: (1) Funding to be provided by CRA
(2) Funding to be provided via attached transfer
Account Number
334-3162-541-65,81
448-5461-538-65,81
442-5178-536-63,50
Amount
$24,521,31
$48,536,09
$2,901,25
$75,958.65
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendatio
ontract Addition) to Rosso Paving and Drainage, Inc,
Department Hea
Signature:
Iv -2<?' uS
Determination of Consistency with Comprehensive
Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (r~qUir , d on all items involving expenditure of funds):
Funding availabl YE NO {d
Funding alternativ (if applicable)
Account No, & Description See above
Account Balance See above
.Iud "}.3~/r (V<f ~"-~~T~~
t~ 1z~'J<<.v /IL..{), tZc(iU~ ~'~ .Mt7;atat:!L--
u.a.r~~,~.
-'f.l/g- 8cul CJCf" f/J.a.*-~
.I#/'{)- #/a-1;J/5.2 ~::: t1f 1fi2t/tJS
City Manager Review: fj...J
Approved for agenda: E)'/NO iYM
Hold Until: L ' ,
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
ApprovedlDisapproved
file 2003-038(A)
S:\EngAdmin\Projects\2003\2003-038\CONSTRUCT\Agnd req CO#3 Rosso IO.2S.0S.doc
[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE
DELRA Y BEACH
. . 0 ~ , 0 A
....
Ail-America City
, III I! ~;TE
1993
2001
200 NW 1st AVENUE' DELRAY BEACH. FLORIDA 33444
TELEPHONE: 561124Y7090' FACSIMILE: 561/278-4755
Writer's Direct Line: 561/243-7091
MEMORANDUM
October 19, 2005
City Commission
David Harden, City Manager
FROM:
Terrill C. Barton, Assistant City Attorney
)cB
,) .0
SUBJECT: Resolution No. 86-05
Attached please find a resolution proposing to name the Fire-Rescue Training
Center at 80 Depot Avenue in Delray Beach, Florida, the "Peter L. Firehock Fire-
Rescue Training Center" in honor of Paramedic Peter L. Firehock
Please place this item on the October 25, 2005 Commission agenda for the
Commission's consideration.
Thank you.
TCB:smk
cc: Chevelle Nubin, City Clerk
~G
RESOLUTION NO. 86-05
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, RECOGNIZING PARAMEDIC PETER
L. FIREHOCK BY NAMING THE FIRE-RESCUE TRAINING
CENTER AT 80 DEPOT AVENUE IN DELRAY BEACH, FLORIDA,
"THE PETER L. FIREHOCK PUBLIC SAFETY TRAINING CENTER";
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach desires to recognize and honor
Paramedic, Peter L. Firehock, for his twenty-three (23) years of dedicated service to the City of Delray
Beach; and
-
WHEREAS, Peter L. Firehock created the Delray Beach Fire Department's Dive Team and he
trained hundreds of Fire Fighters in Delray Beach and neighboring municipalities; and
WHEREAS, Peter L. Firehock was a great leader and is being honored for his hard work, loyalty,
dedication and service to the City of Delray Beach; and
WHEREAS, the City Commission desires to name the Fire-Rescue Training Center on 80 Depot
Avenue in Delray Beach, Florida, in Peter Firehock's honor as "The Peter L. Firehock Public Safety
Training Center"; and
WHEREAS, in the event the City no longer owns the property, then the City Commission and the
Fire Chief agree to use their best efforts to honor Peter L. Firehock with another suitable memorial.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section I. The City Commission of the City Delray Beach recognizes Paramedic Peter L.
Firehock for his leadership, dedication and service to the City for over twenty-three (23) years.
Section 2. The City Commission shall honor Peter L. Firehock by naming the Fire-Rescue
Training Center currently located at 80 Depot Avenue in Delray Beach, Florida, "The Peter L. Firehock
Public Safety Training Center".
Section 3. In the event the City no longer owns the property, then the City Commission and the
Fire Chief desire to honor Peter L. Firehock with another suitable memorial.
Section 4.
That this resolution shall become effective immediately upon its passage.
PASSED AND ADOPTED in regular session on this the _ day of
,2005.
MAYOR
A TIEST:
City Clerk
2
RES. NO. 86-05
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER nl
I
AGENDA ITEM # <3' \-\ - REGULAR MEETING OF OCTOBER 25. 2005
GRANT AWARDS FOR HOUSING REHABILITATION CONTRACTS
SUBJECT:
DATE:
OCTOBER 21, 2005
This is before the Commission to consider approval of the following housing rehabilitation
contracts:
. $15,907.50 to Preston Construction for 351 N.W. 4'h Avenue
. $20,291.25 to South Florida Construction for 147 S.W. 14'h Avenue
Funding for the total amount of $36,198.75 is available from 118-1924-554-49.19 (State Housing
Initiatives Partnership (SHIP) Program/Housing Rehabilitation).
Recommend approval of the housing rehabilitation grant/ contract awards as outlined above.
S:\City Clerk\agenda memos\CDBG Housing Rehab Award 102505
MEMORANDUM
TO:
David Harden, City Manager
Kendra W. Graham, C. D. Administrator ~
Lula Butler, Community Improvement Director ~
October 20, 2005
FROM:
THRU:
DATE:
SUBJECT:
Community Development Division Housing Rehabilitation Grant Award
ITEM BEFORE THE COMMISSION
Approval is requested for one (1) Housing Rehabilitation grant award(s) to the lowest responsive
bidder. This request is in accordance with the City's Community Development Division's
approved Policies and Procedures.
BACKGROUND
The grant awards are based on the actual cost of the rehabilitation, as determined by the low
responsive bidder(s), plus a 5% contingency. The contingency may be used for change orders
and all unused funds will remain with the Housing Rehabilitation grant program.
Inspection of work is done by the Department of Community Improvement's Building Inspection
and Community Development Division, Contracts are executed between the building contractor
and the property owner. The City remains the agent and this office monitors all work performed
by the contractor, ensuring compliance according to specifications and program guidelines. Pay
request forms require both contractor and homeowner's signatures. Grant recipients have met all
eligibility requirements as specified in the approved Policies and Procedures.
The rehabilitation activities will bring the homes to minimum code requirements by repairing the
roof, electric and plumbing systems and correcting other incipient code violations. Detailed
work write-ups and individual case files are available for review in the Community Development
Division Office.
The Community Development Division is responsible for ensuring that the housing
rehabilitation contracts are awarded to the lowest responsible bidder, as a result of a formal bid
process. Therefore, an in-house policy was created to limit awards to the lowest responsible
bidder as it relates to the Division's professional in-house estimate. This serves to disqualify
unreasonably low bids and therefore protect against the resulting change order requests. This
policy further assists the Division with its goals of completing each rehabilitation activity
utilizing the estimated amount of funding required.
RECOMMENDATION
Staff recommends awarding the bid for one (I) Housing Rehabilitation project(s) to the verified
responsible low bidder(s) and authorize award in the following amount:
Case Number
Address
Contractor
Grant Amount
04-030
1351 NW 4th Avenue
I Preston Construction
I $ 15,907.50
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION
HOUSING REHABILITATION PROGRAM
BID/QUOTATION INFORMATION SHEET
BID/QUOTATION #: 2005-37
APPLICANT: Reber Rowell
PROJECT ADDRESS: 351 NW 4th Avenue
DATE OF BID LETTERS: 07/14/05
DATE OF BID OPENING: 07/28/05
GENERAL CONTRACTORS BID AMOUNT
Cordoba Construction Co., Inc.
Henry Haywood
South Florida Construction
Sun Band Builders Construction
Tommy Preston
$22,715.00
$15,150.00
ROOFERS
Horizon Roofing
Petito Roofing
Roofing Team Inc.
Wrights Way Roofing
In-House Estimate
$11,476.25
BID/CONTRACT AMOUNT:
Contingency 5%
I Preston Construction
$15,150,00
757.50
$15,907.50
CONTRACTOR AWARDED CONTRACT:
FUNDING SOURCE:
SHIP Full Housing Rehabilitation Program
Account #118-1924-554-49.19
COMMENTS: Lowest contractor bid was awarded.
S:renpgrm/biddocs/bidinfosheet
MEMORANDUM
TO:
David Harden, City Manager \ t .\-l}.i\
Kendra W. Graham, C. D. Administrator ~ -t
Lula Butler, Community Improvement Director LV
FROM:
THRU:
DATE:
October 20, 2005
SUBJECT:
Community Development Division Housing Rehabilitation Grant Award
ITEM BEFORE THE COMMISSION
Approval is requested for one (I) Housing Rehabilitation grant award(s) to the lowest responsive
bidder. This request is in accordance with the City's Community Development Division's
approved Policies and Procedures.
BACKGROUND
The grant awards are based on the actual cost of the rehabilitation, as determined by the low
responsive bidder(s), plus a 5% contingency. The contingency may be used for change orders
and all unused funds will remain with the Housing Rehabilitation grant program.
Inspection of work is done by the Department of Community Improvement's Building Inspection
and Community Development Division. Contracts are executed between the building contractor
and the property owner. The City remains the agent and this office monitors all work performed
by the contractor, ensuring compliance according to specifications and program guidelines. Pay
request forms require both contractor and homeowner's signatures. Grant recipients have met all
eligibility requirements as specified in the approved Policies and Procedures.
The rehabilitation activities will bring the homes to minimum code requirements by repairing the
roof, electric and plumbing systems and correcting other incipient code violations. Detailed
work write-ups and individual case files are available for review in the Community Development
Division Office.
The Community Development Division is responsible for ensuring that the housing
rehabilitation contracts are awarded to the lowest responsible bidder, as a result of a formal bid
process. Therefore, an in-house policy was created to limit awards to the lowest responsible
bidder as it relates to the Division's professional in-house estimate. This serves to disqualify
unreasonably low bids and therefore protect against the resulting change order requests, This
policy further assists the Division with its goals of completing each rehabilitation activity
utilizing the estimated amount of funding required.
RECOMMENDATION
Staff recommends awarding the bid for one (I) Housing Rehabilitation project(s) to the verified
responsible low bidder(s) and authorize award in the following amount:
Case Number
Address
Contractor
Grant Amount
04-009
1147 SW 14th Avenue
I South Florida Construction I $ 20,291.25
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION
HOUSING REHABILITATION PROGRAM
BID/QUOTATION INFORMATION SHEET
BID/QUOTATION #: 2005-37
APPLICANT: Louise Appiewhite
PROJECT ADDRESS: 147 SW 14th Avenue
DATE OF BID LETTERS: 07/14/05
DATE OF BID OPENING: 07/28/05
GENERAL CONTRACTORS BID AMOUNT
Cordoba Construction Co., Inc.
South Florida Construction
Sl1nB~ ~tjiBb nders 'Constc~cfip1i
,,--_.~'.'.~ '", .. ',- ".. .. ...... ..,
Tommy Preston
$19,325.00
$22,600.00
ROOFERS
Yi'" '-''k'J':R:';'"'-'''''
,I'for,t~:'l!;, B8t11z!>
Petito Roofing
Wrights Way Roofing
In-House Estimate
$20,712.05
CONTRACTOR AWARDED CONTRACT:
ISouth Florida Construction
BiD/CONTRACT AMOUNT:
Contingency 5%
$19,325.00
966.25
$20,291,25
FUNDING SOURCE:
SHIP Full Housing Rehabiiitation Program
Account #118-1924-554-49.19
COMMENTS: Lowest contractor bid was awarded.
S:renpgrmjbiddocs/bidinfosheet
,
Agenda Item No.: ~~
AGENDA REOUEST
Request to be placed on:
_ Regular Agenda
_ Special Agenda
_ Workshop Agenda
_ Consent Agenda
Date: October 20, 2005
When: October 25, 2005
Description of item: (who, what. where, how much):
Case Number Address Contractor
Grant Amount
04-030
1351 NW 4th Avenue
1 Preston Construction
1 $ 15,907.50
ORDINANCE/RESOLUTION REQUIRED: YES/NO
Draft attached: YES/NO
Recommendation:
Staff recommends approval of one (1) State Housing Initiatives Partnership Program
Rehabilitation Grant in the amount listed above for a total award of$15,907.50.
SHIP Total: $ 15,907.50
Account Number: 118-1924-554-49.19
Department Head Signature:
~.~c;;
--=
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure offunds):
Funding Available: ~QLJ:I
Funding Alternatives: (if applicable)
Account No. & Description: //8-/9?<f-SS~ </9'-/7 - Hot-tS//"J ?fho./;;/r/-tlf,Or.-
Account Balance: $'/88, t, S-s: '
,
City Manager Review:
Approved for Agenda:
Hold Until:
@/NO [1JVl
Agenda Coordinator Review:
Received:
Placed on Agenda:
Agenda Item No.: ~ t\
AGENDA REOUEST
Request to be placed on:
_ Regular Agenda
_ Special Agenda
_ Workshop Agenda
_ Consent Agenda
Date: October 20, 2005
When: October 25, 2005
Description of item: (who. what. where. how much):
Case Number Address Contractor
Grant Amount
04-009
1147 SW 14th Avenue
1 South Florida Construction I $ 20,291.25
ORDINANCE/RESOLUTION REQUIRED: YES/NO
Draft attached: YESINO
Recommendation:
Staff recommends approval of one (1) State Housing Initiatives Partnership Program
Rehabilitation Grant in the amount listed above for a total award of $20,291.25.
SHIP Total: $ 20,291.25
Account Number: 118-1924-554-49.19
tf\/~ L;Yf~~ ~.
Department Head Signature:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure offunds):
Funding Available: @O t.A:>L
Funding Alternatives: (if applicabl~) ,
Account No. & Description: 11f'~/9'lV- ~S'( </9-19 j!crns.4"J J?t.ha6,j'laAoy -
Account Balance: ~/86/b"S:-,
City Manager Review:
Approved for Agenda:
Hold Until:
@NO[fJ1
,
Agenda Coordinator Review:
Received:
Placed on Agenda:
MEMORANDUM
TO:
David T. Harden, City Manager
Lula Butler, Community Improvement Director {{J
THRU:
FROM:
Kendra W. Graham, Community Development Administrator
DATE:
October 11, 2005
SUBJECT:
Request for Subordination - Applicant (Anthony & Shuntell Simmons))
ITEM BEFORE THE COMMISSION
City Commission authorization and approval to subordinate its second mortgage position
in the amount of $27,530.00 to allow the homeowners, Anthony & Shuntell Simmons, to
refinance the first mortgage at a lower interest rate and to borrow additional money for
necessary home repairs.
BACKGROUND
The City received a Homeownership for People Everywhere (HOPE 3) Implementation
Grant from the U. S. Department of Housing and Urban Development in 1994. Under the
HOPE 3 Program the City provided homeownership opportunities for low income
families and individuals by acquiring and rehabilitating government owned properties
and selling them at affordable prices. HUD closed out the HOPE 3 Program in 2002,
Under the City's HOPE 3 Program, first time homebuyers, Anthony and Shuntell
Simmons, closed on a home in the Delray Shores neighborhood in September 1996. The
assistance provided to the Simmons' was secured with a second mortgage/promissory
note. HOPE 3 Program guidelines require that the outstanding principal balance remain
the same for six (6) years and then be reduced by 1/l68th of the original balance until the
outstanding Principal balance is reduced to zero, which is a period of twenty years.
Therefore, the current agreement will remain recorded as a covenant to the property until
October 2016.
RECOMMENDATION
Staff is recommending City Commission approval of Anthony and Shuntell Simmons'
request to subordinate its second mortgage position in the amount of $27,530. The City
Attorney's office has approved the Subordination Agreement. The subordination meets
all the requirements of the City's Subordination Policy.
DJ\,
M
'63:.
Agenda Item No.: ~
AGENDA REOUEST
Request to be placed on:
_ Regular Agenda
_ Special Agenda
_ Workshop Agenda
_ Consent Agenda
Date: November 11,2005
~~,J
When: lHger 25, 2005
iP
Description of item:
Authorization and approval to subordinate the City's second mortgage position in the
amount of $27,530 to secure a lower interest rate and borrow additional money to make
necessary home repairs for a HOPE 3 Program recipient.
Ordinance/Resolution Required:
Yes/No
Draft Attached:
Yes/No
Recommendation:
Staff recommends approval and execution of the subordination agreement.
Department Head Signature: ~~
""'>
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: YES/NO
Funding Alternatives:
Account No. & Description:
Account Balance:
(if applicable)
City Manager Review:
Approved for Agenda:
Hold Until:
@/N~
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved / Disapproved
Prepared by and Retur.n to: WC 113SEA
T. MANDER
SEACREST TITLE COMPANY
900 W. Linton Blvd. 11200
Delray Beach, FL 334~
File No. 15-1343
SUBORDINATION AGREEMENT
WHEREAS, urider date of 9-5-96 a mort9age was 9iven by ANTHONY SIMMONS AND
SHUNTELL SIMMONS', HUSBAND AND WIFE ("Mort9a90r") to CITY OF DELRAY BEACH
("Mortgagee"), which:,mortgage was given to secure Mortgagor's obligations to Mortgagee and was
recorded on 9-11-96 in Official Record Book 9435 Page 41 of the public records of PALM BEACH
County. Florida (the "Existing Mortgage"), and which mortgage encumbers inter alia, the following
described real property lying and being in PALM BEACH County, Florida to wit:
LOT 33. BLOCK 2. OF DELRAY SHORES, ACCORDING TO THE PLAT THEREOF. AS
RECORDED IN PLAT BOOK 24. PAGE 232, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY. FLORIDA.
WHEREAS, WACHOVIA MORTGAGE CORPORATION has agreed to make a mortgage Joan
to Mortgagor in the a.r?<"lount of $73,000.00 secured by a mortgage encumbering the property above
described, hereafter called the "New Mortgage", provided the Existing Mortgage is SUBORDINATED
to the NeW' Mortgage;
NOW, THEREFORE, in consideration of the premises and other good and valuable
consideration, the receipt and sufficiency whereof is hereby acknowledged, Mortgagee hereby
represents, covenants and agrees as follows:
1. That the Existing Mortgage has not been assigned, pledged or transferred in any manner
whatsoever.
2. That the Existing Mortgage is by this instrument SUBORDINATED and made INFERIOR
to the New Mortgage9iven by Mortga90r to WACHOVIA MORTGAGE CORPORATION
dated OCTOBER 2005 and recorded in the Office of the Clerk of the Circuit Court, PALM BEACH
County, Florida, in Official Record Book , Page . This subordination is only
to the extent of $ 73,000.00 and does not apply to any additional or future advances W'hich may be
made under the New ,Mortgage.
IN WITNESS ~'HEREOF, Mortgagee has caused this instrument to be executed this
day of OCTOBER 2005.
Signed sealed and delivered in the presence of:
CITY OF DELRA Y BEACH
Witness (Print)
By:
Witness (Print)
Print:
Its
(SEAL)
State of
County of
Address: 100 NW 1ST AVE
DELRAY BEACH FL 33444
,
The foregoing'instrument was aCknowledged before me this day of OCTOBER 2005
by ", as of CITY OF DELRAY BEACH He/she is
personally known to 'me or has produced a driver's license as identification.
Notary Public
printed name:
My Commission Expires:
(SEAL)
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER &/1
AGENDA ITEM # ~:r - REGULAR MEETING OF OCTOBER 25. 2005
ALTERNATIVE WATER SUPPLY GRANT PROGRAM AGREEMENT/
SOUTH FLORIDA WATER MANAGEMENT DISTRICT:
SUBJECT:
DATE:
OCTOBER 21, 2005
This is before the Commission to consider approval and acceptance of a 2005-2006 Alternative
Water Supply Funding Program Grant Agreement in the amount of $500,000.00 with the South
Florida Water Management District (SFWMD) for the Area 2 and 3 Reclaimed Water Transmission
System Project.
At the October 12, 2005 South Florida Water Management District Board meeting, the City was
awarded $500,000.00 as part of the FY 2006 Alternative Water Supply Grant Program for the
construction of Area 2 and 3 of the Reclaimed Water Transmission System.
Recommend approval and acceptance of the SFWMD Alternative Water Supply Funding Program
Grant Agreement in the amount of $500,000.00.
S:\City Clerk\agcnda memos\SFWM Grant Alt Water 102505
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN
D
u
M
www.mydelraybeach.com
TO:
David T. Harden
City Manager
C. Danvers Beatty, P.~
Deputy Director ofPu~~s
FROM:
DATE:
October 18, 2005
SUBJECT:
Alternative Water Supply Grant Contract
At the October 12, 2005 South Florida Water Management District Board meeting the City of
Delray Beach was awarded $500,000 as part of the FY 2006 Alternative Water Supply Grant
Program for the construction of Area's 2&3 of the Reclaimed Water Transmission System.
Attached is an agenda request as well as a copy of the agreement for execution by city
Commission. Please place an item on the Regular Agenda for the October 25, 2005 Commission
meeting requesting approval of the grant agreement.
cc: Richard C. Hasko, Director of Environmental Services
City Attorney's Office
City Clerk (Original Copies)
Project File 2004-020.1
Agenda File
S:\EngAdmin\Projects\2004\2004-020.1\OFFICIAL\25 Oct OS.SFWMD agen memo.doc
ORIGINAL
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
2005 -2006 ALTERNATIVE WATER SUPPLY
FUNDING PROGRAM
Fax No:
(561) 243-7199
Recipient:
City of Delray Beach
Recipient's Project Manager:
Dan Beatty
Deputy Director of Public Utilities
Address:
434 South Swinton Avenue
Delray Beach, FL 33444
Telephone No: (561) 243-7010
SFWMD Project Manager:
Nestor Garrido
Telephone No.: (561) 682-6908
Fax No,:
(561) 681-6264
Contract Specialist:
Bernadette Harrison
Telephone No.: (561) 682-6378
Fax No.:
(561) 682-5587
Address:
P.O. Box 24680
3301 Gun Club Road
West Palm Beach, FL 33416-4680
Insurance: Not A Iicable
Federal Employer Identification Number:
59-600308
Project Title: City of Del ray Beach - AWS FY2006
Descri tion: Area 2 & 3 Reclaimed Water S stem
Agreement No. DG061150, Page I of9
T'1is Agreement is entered into between "the Parties," the South Florida Water Management
District, the "District", and the undersigned party, hereinafter referred to as the "Recipient."
The Recipient warrants and represents that it has no obligation or indebtedness that would
impair its ability to fulfill the terms and conditions of this Agreement, and shall abide by all
legal, financial and reporting requirements, such as matching funds and final reports for all
funding received by the Recipient from the District.
ARTICLE 1 - PROJECT
1.1 The Recipient shall, to the satisfaction of the District, fully and timely construct and
perform all work items described in the "Statement of Work," attached hereto as Exhibit
"A", hereinafter referred to as the "Project", and made a part of this Agreement.
1.2 As part of the deliverables to be provided by the Recipient under this Agreement, the
Recipient shall substantiate, in whatever form reasonably requested by the District, any
supporting documentation utilized as a basis for payment by the District. This paragraph
shall survive the expiration or termination of this Agreement.
1.3 Attached to this Agreement are the following exhibits which are incorporated herein;
Exhibit A
Exhibit B
Exhibit C
Statement of Work
Schedule of Deliverables
Reporting Form
ARTICLE 2 - TERM OF THE AGREEMENT
2.1 The period of performance of this Agreement shall commence on the last date of execution
of this Agreement, and shall terminate on the date noted on the first page of this
Agreement.
2.2 The Parties agree that time is of the essence III the performance of each and every
obligation under this Agreement.
ARTICLE 3 - COMPENSATION I CONSIDERATION
3.1 As consideration for the Project required by this Agreement, the District shall pay the
Recipient the funding amount as specified on page one of this Agreement. Such amount
is not to exceed the specified amount and therefore, no additional consideration shall be
authorized. The Recipient shall provide at least sixty percent (60%) of the Project's
construction cost, unless a different amount is authorized pursuant to s. 373.1961(3)(e),
Florida Statutes.
3.2 The Recipient assumes sole responsibility for all work which is performed pursuant to
Exhibit "A". By providing funding hereunder, the District does not make any warranty,
guaranty or any representation whatsoever regarding any of the work performed hereunder,
Agreement No. DG061150, Page 2 of9
including but not limited to, the adequacy or sufficiency of all or any part of work
described in Exhibit "A".
3.3 The Recipient hereby agrees not to use District funding for any work associated with the
research, design and permitting aspects of the project. District funds shall only be used for
the construction activities described in Exhibit "A".
ARTICLE 4 - FUNDING PAYMENTS AND REPORTING
4.1 The District shall make payment to the Recipient upon completion and acceptance of the
final deliverable(s) as described in the "Schedule of Deliverables", attached hereto as
Exhibit "B". On or before August 1, 2006, the Recipient shall provide a completed
Reporting Form, attached hereto as Exhibit "C". Concurrent with delivery of the final
deliverable, the Recipient shall provide certification that all construction has been
completed in accordance with Exhibit "A" of this Agreement.
4.2 The Recipient's invoice shall reference the District's Agreement Number and shall be sent
to the Contract Specialist at the address stated on the first page of this Agreement. The
Recipient shall not submit an invoice to any other address at the District.
4.3. Upon completion of the project, any data that was generated during the performance of the
project shall be submitted to the District upon request.
New Well Construction Proiects: For projects involving construction of new wells, the
Recipient shall:
1. Submit design of well construction and testing programs to the District for review and
comment prior to implementation. The Recipient shall integrate the District's
comments into the final testing plan where feasible.
2. Submit all pertinent well information collected during well construction and testing
(i.e., depths, cuttings descriptions, geophysical logs, aquifer test data, etc.), as available.
Submissions shall be provided electronically as specified by the District.
The data will be archived in the District's permanent database and available to the public.
Please contact Anthony Larenas at (561) 682-2643, alarenastaJ,sfwmd.gov or Emily
Richardson (561) 682-6824, for instructions on submitting data.
4.4 The Recipient shall provide to the District regular project update/status reports by
December 1, 2005; February 1, 2006; April I, 2006 and June 1,2006. Reports will provide
detail on progress of the project and outline any potential issues affecting project
completion or overall schedule. Status reports may be submitted in any form agreed to by
District project manager and the Recipient, and may include emai1s, memos, and letters.
4.5 In accordance with Section 373.0361 (7) (b) of the Florida Statutes, the Recipient shall
provide an annual status update to the District detailing the progress ofthe project.
Agreement No. DG061150, Page 3 0[9
ARTICLE 5 - CONTRACT MANAGEMENT
5.1 The Parties shall direct all matters arising in connection with the performance of this
Agreement to the attention of the Project Manager for attempted resolution or action. The
Project Manager shall be responsible for overall coordination and oversight relating to the
performance of this Agreement.
5.2 All notices, demands or other communications regarding this Agreement, other than those
set forth in paragraph 4.2 above, shall be in writing and forwarded to the attention of both
the Project Manager and the Contract Specialist noted on the first page of this Agreement
by certified mail, return receipt requested.
5.3 Should either Party change its address, written notice of such new address shall promptly
be sent to the other Party.
5.4 All correspondence to the District under this Agreement shall reference the District's
Agreement Number.
ARTICLE 6 - TERMINATION I REMEDIES
6.1 It is the policy of the District to encourage good business practices by requiring recipients
to materially perform in accordance with the terms and conditions of the Agreement. In
accordance with Chapter 40E- 7, Part II of the Florida Administrative Code, "Material
Breach" is defined as any substantial, unexcused non-performance by failing to perform an
act that is an important part of the transaction or performing an act inconsistent with the
terms and conditions ofthe Agreement.
If the Recipient materially fails to fulfill its obligations under this Agreement, the District
will provide written notice of the deficiency by forwarding a Cure Notice citing the specific
nature of the material breach. The Recipient shall have thirty (30) days to cure the breach.
If the Recipient fails to cure the breach within the thirty (30) day period, the District shall
issue a Termination for Default Notice. Once the District has notified the Recipient that it
has materially breached its contract with the District, by sending a Termination for Default
Notice, the District's Governing Board shall determine whether the Recipient should be
suspended from doing future work with the District, and if so, for what period of time. The
District's Governing Board will consider the factors detailed in Chapter 40E-7, Part II of
the Florida Administrative Code in making a determination as to whether a Recipient
should be suspended, and if so, for what period of time. Should the District terminate for
default in accordance with this provision, the District shall be entitled to recover
procurement costs in addition to all other remedies under law and/or equity.
6.2 The District may terminate this Agreement at any time for convenience upon thirty (30)
calendar days prior written notice to the Recipient. The performance of work under this
Agreement may be terminated by the District in accordance with this clause in whole, or
from time to time in part, whenever the District shall determine that such termination is in
Agreement No. DG061150, Page 4 of9
the best interest of the District. Any such termination shall be effected by delivery of a
Notice of Termination to the Recipient, specifying the extent to which performance of
work under the Agreement is terminated, and the date upon which such termination
becomes effective. In the event of termination, the District shall compensate the Recipient
for all authorized and accepted work performed through the termination date. The District
shall be relieved of any and all future obligations hereunder, including but not limited to,
lost profits and consequential damages under this Agreement. The District may withhold
all payments to the Recipient for such work until such time as the District determines the
exact amount due to the Recipient.
6.3 In the event a dispute arises, which the Project Managers cannot resolve between
themselves, the Parties shall have the option to submit to non-binding mediation. The
mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the
mediation shall be borne equally by the Parties. The mediation process shall be confidential
to the extent permitted by law.
6.4 Notwithstanding anything in this Agreement to the contrary, the District reserves the right
to terminate this Agreement immediately without notice in the event any of the
representations contained in the Project Proposal are found to be false or if the Recipient
fails to complete the construction and performance of all work items described in Exhibit
A, Statement of Work.
ARTICLE 7 - RECORDS RETENTION
7.1 The Recipient shall maintain records and the District shall have inspection and audit rights
as follows:
(a) Maintenance of Records. The Recipient shall maintain all financial and non-financial
records and reports directly or indirectly related to the negotiation or performance of
this Agreement, including supporting documentation for any service rates, expenses,
research or reports. Such records shall be maintained and made available for
inspection for a period of five (5) years from completing performance and receiving
final payment under this Agreement.
(b) Examination of Records. The District or its designated agent shall have the right to
examine in accordance with generally accepted governmental auditing standards all
records directly or indirectly related to this Agreement. Such examination may be
made only within five (5) years from the date of final payment under this Agreement
and upon reasonable notice, time and place.
(c) Extended Availability of Records for Legal Disputes. In the event the District should
become involved in a legal dispute with a third party arising from performance under
this Agreement, the Recipient shall extend the period of maintenance for all records
relating to this Agreement until the final disposition of the legal dispute, and all such
records shall be made readily available to the District. '
(d) Periodic Audits. The District shall perform audits periodically to ensure funding
objectives are being met.
Agreement No. DG061150, Page 5 of9
ARTICLE 8 - STANDARDS OF COMPLIANCE
8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all applicable
federal, state and local laws and regulations relating to the performance of this Agreement.
The District undertakes no duty to ensure such compliance, but will attempt to advise the
Recipient, upon request, as to any such laws of which it has present knowledge.
8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it
is necessary for either party to initiate legal action regarding this Agreement, venue shall
be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of
Florida for any claims, which are justifiable in federal court.
8.3 The Recipient shall allow public access to all Project documents and materials in
accordance with the provisions of Chapter 119 of the Florida Statutes. Should the
Recipient assert any exemptions to the requirements of Chapter 119 and related Statutes,
the burden of establishing such exemption, by way of injunctive or other relief as provided
by law, shall be upon the Recipient.
8.4 Pursuant to Section 216.347 of the Florida Statutes, the Recipient is prohibited from the
expenditure of any funds under this Agreement to lobby the Legislature, the judicial
branch or another state agency.
8.5. The Recipient has obtained, at its sole expense, all necessary licenses, authorizations and
permits from the appropriate private party or federal, state, municipal or local agency, and
other governmental approvals, prior to commencing performance of this Agreement. The
Recipient agrees to comply with the terms and conditions of all permits.
8.6 The Recipient hereby assures that no person shall be excluded on the grounds of race,
color, creed, national origin, handicap, age or sex, from participation in, denied the benefits
of, or is otherwise subjected to discrimination in any activity under this Agreement. The
Recipient shall take all measures necessary to effectuate these assurances.
8.7 Pursuant to Section 287.133 of the Florida Statutes, a person or affiliate who has been
placed on the convicted vendor list may not submit a bid, proposal, or reply to a request to
provide any goods or services related to the construction of the Project contemplated
herein. Recipient also assures that it is not on the District's Suspension of Contractors
List. Recipient agrees to include a provision to this effect in all requests for proposals and
subcontracts related to construction of this project.
8.8 A Recipient who operates a public water supply utility shall, by June 1,2006 adopt a rate
structure that will promote the conservation of water and promote the use of water from
alternative water supplies and shall provide the District with a copy of such adopted rate
structure on or before August 1,2006.
8.9 Recipient of funds for a reuse project shall provide a status report by August I, 2006
addressing the following issues: (I) accounting of reclaimed water usage and method used
Agreement No. DG061150. Page 6 of9
(meters, etc.); (2) all rates and charges for reclaimed water; (3) the status of implementing
public education programs to inform the public about water issues, water conservation and
the importance and proper use of reclaimed water; and (4) providing the District with the
location of each reuse facility owned by the Recipient.
8.10 This paragraph shall remain in full force and effect for twenty (20) years from the date of
contract execution. After construction is completed on the project, the Recipient shall
continuously operate the project as described in the project proposal and consistent with the
applicable water use permit(s). In the event the project is not operated in accordance with
these requirements, the District may cease funding for this project and any future projects
proposed by the Recipient. All other provisions of this contract shall terminate on
September 30, 2006.
8.11 Recipient shall implement a public education program to inform the public about the
environmental and other public benefits of the Alternative Water Supply project, and shall
provide the District with a copy of such public education program on or before August I,
2006.
ARTICLE 9 - INDEMNIFICATION AND INSURANCE
Ip.nd to the extenJ: ,peJ;mHJ:ed DY law
9.1 For value received, which is hereby acknowledged, the Recipient shall detena, mdemmty,
save, and hold the District, its officers, directors, board members, agents, assigns, and
employees harmless from liabilities, damages, losses, and costs, including but not limited
to reasonable attorney's fees, to the extent caused by the negligence, recklessness or
intentionally wrongful conduct of the Recipient and other persons employed or utilized by
the Recipient in the performance of the Agreement. The District shall have the right to
approve counsel selected by the Recipient to defend the District in the event the District is
named in any legal action.
The Recipient further acknowledges that it is solely responsible for ensuring its
compliance and the compliance of its subcontractors, suppliers, agents, assigns, invitees
and employees with the terms of this Agreement. This paragraph shall survive the
expiration or termination of this Agreement.
ARTICLE 10 - RELATIONSHIP BETWEEN THE PARTIES
10.1 The Recipient shall be considered an independent contractor and neither party shall be
considered an employee or agent of the other party. Nothing in this Agreement shall be
interpreted to establish any relationship other than that of an independent contractor
between the parties and their respective employees, agents, subcontractors, or assigns
during or after the performance of this Agreement. Both parties are free to enter into
contracts with other parties for similar services.
10.2 The Recipient shall not assign, delegate or otherwise transfer its rights and obligations as
set forth in this Agreement without the prior written consent of the District. Any attempted
assignment in violation of this provision shall be null and void.
Agreement No. DG061150, Page 7 of9
10.3 It is the intent and understanding of the Parties that this Agreement is solely for the benefit
of the Recipient and the District. No person or entity other than the Recipient or the
District shall have any rights or privileges under this Agreement in any capacity
whatsoever, either as third party beneficiary or otherwise.
ARTICLE 11 - GENERAL PROVISIONS
11.1 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be
held liable for any failure or delay in the performance of this Agreement that arises from
fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather,
outbreak of war, restraint of government, riots, civil commotion, force majeure, act of God
or for any other cause of the same character, which is unavoidable through the exercise of
due care and beyond the control of the Parties. Failure to perform shall be excused during
the continuance of such circumstances, but this Agreement shall otherwise remain in
effect. This provision shall not apply if the Statement of Work, Exhibit "A" of this
Agreement specifies that performance by the Recipient is specifically required during the
occurrence of any of the events herein mentioned.
11.2 Any inconsistency in this Agreement shall be resolved by gIVing precedence In the
following order:
(a) Terms and Conditions outlined in Articles 1-11
(b) Exhibit "A" Statement of Work
(c) All other exhibits, attachments and documents specifically incorporated herein by
reference
11.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision
of this Agreement by the Parties, their successors and assigns shall not be deemed a waiver
of any of its rights or remedies, nor shall it relieve the other Party from performing any
subsequent obligations strictly in accordance with the terms of this Agreement. No waiver
shall be effective unless in writing and signed by the Party against whom enforcement is
sought. Such waiver shall be limited to provisions of this Agreement specifically referred
to therein and shall not be deemed a waiver of any other provision. No waiver shall
constitute a continuing waiver unless the writing states otherwise.
11.4 Should any term or provision of this Agreement be held, to any extent, invalid or
unenforceable, as against any person, entity or circumstance during the term hereof, by
force of any statute, law or ruling of any forum of competent jurisdiction, such invalidity
shall not affect any other term or provision of this Agreement, to the extent the Agreement
shall remain operable, enforceable and in full force and effect to the extent permitted by
law.
11.5 This Agreement may be amended only with the written approval of the Parties.
11.6 This Agreement states that all publicity/public awareness media will be jointly planned by
the Recipient and the District and any and all materials, events, or endorsements arising
out of this award will require prior District approval.
Agreement No. DG061150, Page 8 of9
11. 7 This Agreement states the entire understanding and Agreement between the Parties and
supersedes any and all written or oral representations, statements, negotiations or
Agreements previously existing between the Parties with respect to the subject matter of
this Agreement. The Recipient recognizes that any representations, statements or
negotiations made by District staff do not suffice to legally bind the District in a
contractual relationship unless they have been reduced to writing and signed by an
authorized District representative. This Agreement shall insure to the benefit of and shall
be binding upon the parties, their respective assigns, and successors in interest.
11.8 This Agreement is subject to and governed by the provisions applicable to it contained in
sections and 373.0831 and 373.1961, Florida Statutes (2004), as amended by Chapter No.
2005-291 (SB 444, Laws of Florida).
IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute
this Agreement on the date written below.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT,
BY ITS GOVERNING BOARD
By:
Frank Hayden, Procurement Director
Date:
(project shall start upon execution date of this Agreement.)
Date: /cjI<.J/65
SFWMD Office of Counsel Approved:
By:
Date:
Recipient's Legal Name:
By:
OS By Authorized Official:
Title:
Date:
Agreement No. DG061150, Page 9 of 9
EXHIBIT "A"
STATEMENT OF WORK
City of Delray Beach Areas 2 & 3 Reclaimed Water System
Brief Description: Installation of 24-inch, 16-inch and 10-inch reclaimed water
mains in the City of Delray Beach "Reclaimed Water Areas 2 & 3" to serve new
reclaimed water users.
The City of Delray Beach is pleased to submit herewith our application for
SFWMD's Alternative Water Supply Funding. We are submitting application for
the "City of Delray Beach Areas 2 & 3 Reclaimed Water System" project. The
scope of the project is to construct approximately 17,000 L.F. of 24-inch, 16-inch,
10-inch and 6-inch reclaimed water main, and associated valve and meter boxes
to serve up to ten (10) new reclaimed water users in the City's reclaimed water
service are.
The ultimate goal of the project is to implement the second phase of reclaimed
water system within the City of Delray Beach, promote up to 1.94 mgd of
reclaimed water use, and provide a pipeline backbone from which future
reclaimed water "areas" can be constructed and served.
The need for the project is evidenced by the City's establishment of new
alternative water resource goals. Implementation of a reclaimed water system
will reduce demands on both the surficial aquifer and on the City's potable water
system. The City's Reclaimed Water Master Plan completed in November 2003
identifies "Areas 2 & 3" as the second phase of City's total reclaimed water
system. "Areas 2 & 3" will provide for up to 1.94 mgd of reclaimed water use, as
well as provide the "backbone" pipeline to serve other future reclaimed water
areas. The City plans to implement other phases of the Master Plan on a
continual basis over the next 10 to 15 years. The Reclaimed Water Master Plan
is consistent with the City's comprehensive plan, which specifically encourages
more reuse of effluent from the wastewater treatment plant.
Exhibit "AU to Agreement No. DOO61150, Page 1 of 1
EXHIBIT "B"
SCHEDULE OF DELIVERABLES
Total payment by the District to the City of Delray Beach shall not exceed the amount of
$500,000.00. Payment shall be made following receipt and acceptance by the District ofproject
deliverables in accordance with the schedule set forth below. The Recipient hereby agrees to
provide the District all deliverables, data and information described in the Statement of Work.
Invoices for completed deliverables shall be submitted to the District for payment by April I,
2006 and/or August 1,2006. However, the Recipient is encouraged to arrange for deliverable
inspection and invoice as soon as a deliverable has been completed.
Reporting requirements are also part of this exhibit. The Recipient shall provide regular project
update/status reports by December 1, 2005; February 1, 2006; April 1, 2006 and June 1,2006.
Reports will provide detail on progress of the project and outline any potential issues affecting
project completion or overall schedule. Status reports may be submitted in any form agreed to by
the District project manager and the Recipient, and could include emails, memos, and letters.
1 Status Report N/A December 1, 2005 N/A
2 Status Report N/A February 1, 2006 N/A
Installation of 24" pipe for
3 transmission, a ent er LF A rill, 2006 N/A $250,000.00
4 Status Report N/A April 1,2006 N/A
5 Status Report N/A June 1,2006 N/A
6 Installation of 16" and 10" pipe August I, 2006 N/A $250,000.00
for transmission, a ent er LF
7 Annual Status Report N/A September 30, 2006 N/A
TOTALSFWMDPAYMENT $500,000,00
Exhibit "S" to Agreement No. DG061150, Page 1 of 1
EXHIBIT "C"
REPORTING FORM
Project Summary Final Report - FY 2006
Project Name
Project Manager
SFWMD Contract Number
Project Owner
Describe Project constructed:
Type of
Alternative Water
Supply
Construction Duration
Pro osed
Actual
Start
Finish
District fundin hase $ $
Local funds $ $
Other funding source
From: $ $
TOTAL
Attach map and photo(s) of project on CD, if available
To the best of my knowledge, the above information is correct
Project Manager
Exhibit "e" to Agreement No. DG061150. Page 1 of 1
AGENDA REOUEST
NO.'~
Request to be placed on:
~ Regular Agenda
_ Special Agenda
_ Workshop Agenda
Agenda Item
Date: October 18. 2005
When: October 25.2005
Description of item (who, what, where, how much): Staff reouests Commission approval of the
Alternative Water Supplv Grant Program agreement with the South Water Management District in the
amount of $500.000 for the Area 2 and 3 Reclaimed Water Transmission System project.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of the grant agreement.
Department head signature:
(]#lL. .dfa
I (.vlcr-- 0 ~
Determination of Consistency with Comprehensive Plan:
City Attorney ReviewIRecommendation (if applicable):
Budget Director Review (required on aU items involving expenditure offunds):
Funding available: YESINO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review: LJ
Approved for agenda: Q:9SINO Yl,v1
Hold Until: L~
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
ApprovedlDisapproved
S:\EngAdmin\Projects\2004\2004-020.1\OFFIClAL\05 Oct 25 AgendaReq - SFWMD.doc
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t1fV1
SUBJECT: AGENDA ITEM # <g \<.. - REGULAR MEETING OF OCTOBER 25, 2005
REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE:
OCTOBER 21, 2005
Attached is the Report of Appealable Land Use Items for the period October 10, 2005 through October
21,2005. It informs the Commission of the various land use actions taken by the designated boards that
may be appealed by the City Commission.
Recommend review of the appealable actions for the period stated. Receive and file the report as
appropriate.
S:\City Clerk\agenda memos\apagmemo 102505
I
FROM:
>>~I~~~MMI~$i~!!1i'llj~~I;IM:~!~~~~I~!!1!!!!n
DAVI~E
PAUL DORLING, DIRECT OF PLANNING AND ZONING
JASMIN ALLEN, PLANN I. rltJo~1 ~
MEETING OF OCTOBER 2/2005 "CONSENT AGENDA"
REPORT OF APPEALABLE LAND USE ITEMS OCTOBER 10, 2005 THRU
OCTOBER 21, 2005
" i
TO:
THRU:
SUBJECT:
I
ACTION REQiJSSTED OF fliiE COMMisSION n ,,' ,
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The action requested of the City Commission is review of appealable actions which were made by
various Boards during the period of October 10, 2005 through October 21,2005.
1
.
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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 1 0 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.
PLANNING ~ND"20NINGBO).Rl)ME!:T1NG<)f!OCTOSEIt17,2005 . n '.'1
No appealable items were considered by the Planning and Zoning Board. The following items
which were considered by the Board will be forwarded to the City Commission for action:
.
Recommended approval (6 to 0), of an amendment to the Land Development Regulations
Section 4.6,9 "Off-Street Parking Regulations" and Appendix "A" "Definitions" to establish
alternative provisions for accommodating required parking when not provided on-site, by
contributing construction costs for adjacent municipal parking facilities,
.
Recommended approval (4 to 2, Gary Eliopoulos and Paul Zacks dissenting) of a
conditional use request to allow a building height in excess of 48 feet (maximum of 60 feet
allowed) and a density to exceed 30 residential units per acre (47 units per acre proposed)
for Atlantic Plaza, a proposed mixed-use development, that includes 306 residential units,
57,137 sq. ft. of retail space, 8,811 sq, ft. of restaurant space and 44,204 sq. ft, of office,
located on the north side of East Atlantic Avenue, extending between NE 6th Avenue and
Veterans Park.
.
Recommended approval (6 to 0), of a conditional use request to allow the establishment of a
charter school within the PC (Planned Commercial) zoning district for Toussaint L'Ouverture
High School for Arts and Social Justice within the Delray Square II Shopping Center located
at the northeast corner of West Atlantic Avenue and Military Trail.
City Commission Documentation
AppealatJle Items Meeting of OctotJer 25, 2005
Page 2
. Recommended approval (5 to 1, Nelson McDuffie dissenting), of a conditional use request
to allow a height in excess of 48 feet (maximum height of 60 feet allowed) for Fifth Avenue
Flats, a proposed mixed-use development that includes 12 residential condominiums and
3,183 sq. ft. of office/retail space, located at the northwest corner of NE 5th Avenue and NE
2nd Street.
. Recommended approval (6 to 0), of an abandonment of the East 20 feet of Dixie Highway
lying adjacent to Lot 2 and a portion of Lot 3, Delray Beach Estates.
. Recommended approval (6 to 0), of an abandonment of a 16' wide by 199' long portion of a
north-south alleyway lying within Block 2, Sophia Frey Subdivision Addition to Delray,
located 150' north of George Bush Boulevard, between NE 7'h Avenue and Northbound
Federal Highway (US 1).
. Recommended approval (6 to 0), of a combined preliminarylfinal plat for Gulfstream Villas, a
proposed 14-unit townhouse development located on the west side of Webb Avenue, south
of Gulf Stream Boulevard.
. Recommended approval (6 to 0), of a combined preliminary/final plat for Latitude Delray a
proposed 114-unit mixed-use development, located at the northwest corner of Lindell
Boulevard and Federal Highway.
I SiTE PLAN ReVIEW;6;IIlPA;PPB~~A;NCdBOA~!lJ;M~:~TiN~i'~F=OC,pi!ieR 19,2005 . I
A. Approved (5 to 0, Andrew Youngross and Jose Aguila absent), a request for a new
master sign program for Sherwood Pontiac, GMC, Buick, located on the west side of
South Federal Highway, south of Linton Boulevard (2400 South Federal Highway),
B. Approved with conditions (5 to 0 ), a request for an exception to the master sign program
for Tasso's Greek Tavern, located within the Delray West Plaza at the southeast corner
of West Atlantic Avenue and Military Trail (14800 South Military Trail),
C. Approved with conditions (5 to 0), a request for a color chan~e for an existing restaurant,
Las Hadas Restaurant, located on the east side of NE 5 h Avenue, north of George
Bush Boulevard (815 NE 5th Avenue).
D. Approved (4 to 0, Connor Lynch stepped down), a request for a color change for
Plastridge Insurance, located on the west side of North Federal Highway, north of
George Bush Boulevard (820 North Federal Highway).
E. Approved with conditions (5 to 0), a Class I site plan modification with the installation of
an automatic teller machine on the storefront facing Atlantic Avenue for Bank United at
Downtown Delray, located at the northwest corner of East Atlantic Avenue and NE 4th
Avenue (331 East Atlantic Avenue),
F, Approved (5 to 0), a Class I site plan modification associated with the replacement of a
steeple for First Presbyterian Church, located on the east side of Gleason Street,
south of East Atlantic Avenue (33 Gleason Street).
City Commission Documentation
Appealable Items Meeting of October 25, 2005
Page 3
G. Approved with conditions (5 to 0), a Class I site plan modification associated with the
addition of an awning for 167 NE 2nd Avenue, an existing commercial building located
on the east side of Pineapple Grove Way between NE 1st Street and NE 2nd Street.
H. Approved with conditions (5 to 0), a Class I site plan modification associated with the
replacement of an existing awning and the addition of a free standing awning for Delray
Subaru, located on the west side of South Federal Highway, south of Linton Boulevard
(2102 South Federal Highway).
I. Approved with conditions (5 to 0), a Class I site plan modification associated with the
installation of telecommunication antennas for Sprint PCS at Palm Court Plaza, located
at the southwest corner of Military Trail and Linton Boulevard.
J. Approved with conditions (4 to 0, Dan Carter stepped down), a Class II site plan
modification associated with the re-configuration of the entry-way and construction of a
new guard house with landscaping improvements for the Hamlet Country Club, located
on the south side of West Atlantic Avenue at its intersection with Hamlet Drive.
K. Approved with conditions (5 to 0), a Class V site plan and landscape plan for Seagate
Villas, a proposed 3-unit townhouse development located at the northeast corner of
Seasage Drive and Bucida Road. The Board postponed action on the architectural
elevations and requested that the applicant provide additional elements on the
elevations,
L. Denied (4 to 1, Connor Lynch, Mark Gregory, Dan Carter, Roger Cope voted to deny) an
extension request of a previously approved Class V site plan, landscape plan and
building elevations associated with the construction of two four-story mixed use buildings
for Atlantic Place (aka Seagate Hotel at Atlantic Place), located on the south side of
East Atlantic Avenue between Venetian Drive and Gleason Street.
r';,~':";;" :tijs:r~'pR.eSERvATi~~'SO~D1M~JN!9":~C:r.qBERl9. 21!.O~ "'~~r;;'/~1
1. Postponed (7 to 0), a request for a Certificate of Appropriateness and associated variance to
allow the construction of a swimming pool at 411 North Swinton Avenue, The associated
variance request is to allow a reduction in the rear setback from 10 feet to 5 feet.
2. Approved (7 to 0), a request for a Certificate of Appropriateness associated with Part 1 of
the ad valorem tax exemption application for improvements to a contributing building located
at 118 V. SE 7th Avenue,
3. Approved (7 to 0), a request for a Certificate of Appropriateness associated with the
installation of a metal roof on a non-contributing dwelling located at 229 NE 5th Court.
I P',' '-"
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By motion, receive and file this report.
Attached: Location Map
GULF STREAM BLVD
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CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting -
October 25,2005
L-38 CANAL
C-fSCANAL
~
SPRAB
A SHERWOOD PONTIAC, GMC, BUICK
B. TASSO'S GREEK TAVERN
C, LAS HADAS RESTAURANT
0, PLASTRIDGE INSURANCE
E. BANK UNITED A T DOWNTOWN DELRA Y
F. FIRST PRESBYTERIAN CHURCH
G. 167 NE 2ND AVE
H DELRA Y SUBARU
I, SPRINT PCS - PALM COURT PLAZA
J, HAMLET COUNTRY CLUB
K. SEAGA TE VILLAS
L. SEGA TE HOTEL A T A TLANTlC PLACE
l::JEIj
1.411 N, SWINTON AVE.
2,1181/2SElTHAVE
3, 229 NE 5TH STREET
""= - -
~
- - - - - CITY LIMITS - - ~- -
ONE MILE
GRAPHIC SCALE
CITY OF DELRA Y BEACH, FL
PLANNING & ZONING DEPARTMENT
NOVEMBER 2004
--DlGiTALBASEMAPSVSTEM--
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # <3 L - REGULAR MEETING OF OCTOBER 25. 2005
AWARD OF BIDS AND CONTRACTS
TO:
SUBJECT:
DATE:
OCTOBER 21, 2005
This is before the City Commission to approve the award of the following bids:
1. Contract award to Horsepower Electric, Inc. in the amount of $298,298.00 for the
U.S. 1 and Tropic Boulevard Signalization Project. Funding is available from 334-
3162-541-65.68 (General Construction Fund/US 1 at Tropic Boulevard).
2. Approve the purchase of 100 Citrix Licenses from CompServ in the amount of
$27,700.00 via the Florida State Contract #250-040-99-1 to allow the Police
Department to access the Criminal Justice Network (CJNEl) and Palms in-house
and in patrol vehicles. Funding is available from 001-2113-521-66.10 (General
Fund/Software).
3. Approve a blanket purchase order, requisition number 121815, with Boca Tire,
Inc., in the amount of $30,000.00 via Florida State Contract #863-000-03-1, for the
purchase of various tires as needed. Funding is available from 501-3311-591-52.20
(General Garage Fund/General Operating Supplies).
4. Approve a blanket purchase order with Otto Waste Systems, in the amount of
$149,999.00 for the purchase of garbage carts with lids and wheels as needed.
Funding is available from 433-3711-534-49.35 (Sanitation Fund/Cart Renewal &
Replacement).
5. Approve a blanket purchase order, requisition number 121395, with Poolsure in
the amount of $43,500.00 for the purchase and delivery of Sodium HypocWorite
and Calcium Hypochlorite as needed. Funding is available from 441-5123-536-
52.21 (Water/Sewer Fund/Chemicals).
6. Purchase award to 3M Traffic Safety Systems Division in the amount of $15,166.60
via the Osceola Board of County Commissioners Bid #A/R #05-412-TM and
pricing from an expired State Contract for the purchase of sign materials and
barricade tape materials for the City's Sign Shop. Funding is available from 001-
3141-541-52.20 (General Fund/General Operating Supplies).
7. Purchase award to Hall-Mark Fire Apparatus/Horton Emergency Vehicles in the
amount of $203,488.06 via the Florida Sheriffs Association, Bid #05-06-0823 for
one (1) 2006 Horton Custom Rescue Transport Vehicle for the Fire Department.
Funding is available from 501-3312-591-64.25 (Central Garage Fund/Heavy
Equipment).
Recommend approval of the above bids and purchases.
S:\City C1erk\agenda memo\Bid Memo 102505
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN DUM
www.MyDelrayBeach.com
TO:
David T. Harden
I?J
FROM:
Randal L. Krejcarek, P.E.
DATE: 10 Oct 2005
SUBJECT: US 1 @ Tropic Boulevard Signalization Design
Contract Award
Project 2004-030
Commission Agenda Item
The attached agenda item is for Commission authorization/approval for Mayor to
execute contract with Horse Power Electric, Inc. for the installation of signalization at the
intersection of US 1 & Tropic Boulevard.
Commission approved a Joint Participation Agreement (JPA) with the FDOT for the
signalization of this intersection at the 13 Apr 2004 Commission meeting. The JPA will
reimburse the City of costs associated with the design and construction of a fully actuated
signal and associated hardware to be fully integrated into the Palm Beach County Traffic
Signal System. The City will be reimbursed up to $300,000.00. Any costs associated
with this project over this amount will be the responsibility of the City. This agreement is
valid until 31 January 2007.
Attached are the following: map showing the project location, letter of recommendation
from Arcadis, and bid tabulation.
The total cost of this contract is $298,298.00.
Please place this item on the 25 Oct 2005 Commission Workshop Agenda.
Thanks!
enc
cc: Richard Hasko, P.E.
Joseph Safford
Carolanne Kucmerowski
file
S:\EngAdminIProjects\2004\2004-030\OFF/C/AL \2005-oct-18 egende memo. doc
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rn ~ CITY of DELRA Y BEACH
f2fi.I- ENVIRONMENTAL SERVICES DEPARTMENT
434 80lJTH SWNTON AVEMJE. DELRAY BEACH. R.ON:>A 33444
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Lawson, Noble & Webb, Inc.
ENGINEERS. PLANNERS. S URVEYOR8
October 4, 2005
Mr. Randal L. Krejcarek, P.E.
City Engineer
City of Detray Beach
434 S. Swinton Avenue
Delray Beach, FL 33444
Re: City of Delray Beach
US 1 and Tropic Blvd. Signalization
Bid Results (Bid #2005-42)
Dear Mr. Krejcarek:
On Thursday, September 1,2005, at 3:00 PM, bids were received by the City of De1ray Beach for the
above referenced project. Three (3) bids were received as follows:
NAME OF BIDDER
1. The Signal Group, Inc.
Z. Signal Technology, Inc.
3. Horse Power Electric, Inc.
AMOUNT OF BID
$ 330,138.20
$ 308,714.00
$ 298,298.00
We have reviewed the bid proposal submitted by Horsepower Electric, Inc. and have found it to be
satisfactory. The following surrunarizes our findings for their proposal:
Horseoower Electric. Inc.
. Acknowledged Addendums No.1 and No.2.
. Provided Bid Bond (5%).
. Schedule of Bid Prices was filled out.
. Provided P~14 and P~15 of Questionnaire.
. This company has provided signing, lighting and signalization work previously for State
government (FDOT) i.e. and municipalities (Miami-Dade, City of Aventura).
. Company is based in Hialeah, Florida.
Attached please fmd bid tabulation for your reference.
Page:
1/2
LAWSON, NoeLl &Wus,lNc:. _ 420 Columbia Drive, Suite 110 -Wesl Palm Beach, Florida 33409
561-684-6686 _ Fax 561-684-1812. E-mail: lnw-wpb@lnw-inc.com.http://www.lnw-inc.com
West Palm Beach. Port SI. Lucie - Orlando
Mr. R.L.Krejcarek, PE
October 5, 2005
Additionally, we have coordinated with the County on the status of their mast arm contract. Currently.
the County does not have an existing contract to purchase mast arms, but is in the process of obtaining
one. While the County gave every indication that the City could use this contract to purchase mast arms,
they will not have the ability to do so under this contract until December ofthis year. This would put a
significant delay on the construction of the required signal at Tropic Boulevard and U8-1
We have contacted references for Horsepower Electric, Inc. and have received positive feedback.
Lawson Noble & Webb, Inc. therefore recommends award of the contract to Horsepower Electric, Inc. in
the amount of the Base Bid of$298.298.00 subject to the review and approval of the City Attorney.
If you have any questions regarding the information presented above, please contact me at 561-684~6686.
Sincerely,
7cJl\\uo. ~
Patricia Barr, F.E.
Project Manager
Lawson, Noble & Webb, Inc.
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Date:
10 Oct 2005
AGENDA ITEM NUMBE~L 1.
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AGENDA REQUEST
Request to be placed on:
---X... Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When:
25 Oct 2005
Description of Agenda Item (who, what, where, how much):
Request for Commission authorization/approval for Mayor to execute contract with
Horse Power Electric, Inc. for the installation of signalization at the intersection of US
1 & Tropic Boulevard. The total cost of this contract is $298,298.00. Funding is from
account # 334-3162-541-65.68
Staff Recommendation: APprova~ ~
Department Head Signature: (- . c/;Jd /. (o-(2---';s
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all itrms involving expenditure of funds):
.:j3 I" '"too I o.s
Funding Available:@No Initials: Yes. LAP w/ FDOT
Account Number 334-3162-541-65.68
Description US 1 @ Tropic Blvd Sie:nalization
Account Balance: -1- '3CP, 60u
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda: @ / No Initials:
Hold Until:
eM
Agenda Coordinator Review:
Received:
s: \EngAdmin \Projects \2004 \2004-030\OFFI CIAL \2005-oct.18 agenda.doc
Joseph L. Schroeder
Chief of Police
FROM:
Delray Beach
Police Department
300 West Atlantic Avenue
Delray Beach, Florida 33444-3695
David Hardch!61) 243-7888 Fax (561) 243-7816
City Manager
Tina L. Lunsford~
Administrative Officer
DATE: October 11th, 2005
SUBJECT: AGENDA REOUEST
DElRAY BEACH
~
All-America City
, IIII(~
2004
1993
2001
Attached is an Agenda Request for the City Commission meeting on October 25, 2005 to
approve the purchase of 100 Citrix License.
The Police was approved for the purchase of 150 Cittix License laptops in the 04/05 ClP Budget.
Due to a shortage in funding we are only requesting the purchase of 100 licenses at a cost of
$27,700.00. The Cittix licenses were approved in the ClP Budget for FY 05 with bank financing as a
funding source. Becky O'Connor has advised us that the banks are unable to provide financing
since there is no physical asset with licensing. The Police Department, therefore, has found interim
funding with the current budget and will find funding at mid-year to replace monies taken
These licenses will allow access to CJNET "Criminal Justice Network" and Palms in-house, as well
as, in the patrol vehicle. CJNET gives the officers access to instant DL photos, Sexual Predator
search, Career Offender search, Missing Children Information Clearinghouse, South Florida
Investigative Support Center, 1breatNet, DrugNet and GangNet just to mention a few. MIS agrees
that these licenses are needed now in order to stay compliant with licensing laws. CompServ hold
the Florida State Contract # 250-040-99-1.
Funding will be provided out of 001-2113-521-66.10. When approved I will transfer funds out of
001-2113-521-64.11 into 001-2113-521-66.10 for the purchase.
Should you require further information, please contact me at ext. 7852.
TLUrmh
Attachment
cc: Chief J.L. Schroeder
Serving with P.R.l.D.E.
Professionalism, Respect, Integrity, Diversity and Excellence
ZLpl.
'c:ioalot=-
. __1IlDlI5
SPECIAL QUOTAJJOH PREPARED FO
EO OELPORl1UO
OELRAY BEACH CITY
ATlll: ACCOUNTS PAYABlE
100 NW FIRST AVENUE
OELRAY BEACH. Fl33444
F....: 1CRRl ROMANO.IlOIHi21-2717 561-243-7161
~.Inc. 2325Ji1m8r1on Rd SIB 16~,F1];1~..m-299.mQ.fAX m-299 91~_
_ _ o.--I'IIC8.........-... UiiiiiIid'
EW24C1.El105O - .... MFXPE1.05OUCONNPKW/SUB-------. 2.00 13885.00 EA 27170.00
MJV
EO, .lIST TO LET YOU KNOW XP
WILL DISCONllNUED BY THE ENO
OF THIS YEAR"
Page: 1
TOTAL: v.nom
or
lJee 0pIi0rI: 925.57 Per !bill
36 FW ...b.....CUItmn. ".,.............. onIr ndDllDI:inl:Wt.....1fippiIa. ....... f tppbbIe.
For..... ....CJ'~ ......Cllyour............or..,Prauk. m .2Il8.9Z1D8d.116.
~1Ad"""'n"'mcr..ge. T1lildocllnlnlilc:onsidindbiFlfCXllldll'llllnisinlBndlldtr"bJ~ and
dIInI,,,,,,,_ WI BI on,. r..orq&w r8qlIIIII'" no IIIdDizId oopiI!IIs be pocbled.
t
. II....
II
AGENDA ITEM NUMBER: <lL:L
~~~ O~
o :r
'" 1.1
....p4~~
AGENDA REOUEST
Request to be placed on:
_ Consent Agenda
x
Regular Agenda _ Workshop Agenda _ Special Agenda
When: October 25. 2005
Description of agenda item (who, what, where, how much):
The Police was approved for the purchase of 150 Cittix License laptops in the 04/05 CIP
Budget. Due to a shortage in funding we are only requesting the purchase of 100 licenses at
a cost of $27,700.00. These licenses will allow access to CJNET "Crimin.1 Justice Network"
and Palms in-house, as well as, in the patrol vehicle. CJNET gives the officers access to
instant DL photos, Sexual Predator search, Career Offender search, Missing Children
Information Cle.ringhouse, South Florida Investigative Support Center, ThreatNet,
DrugNet and GangNet just to mention a few. MIS agrees that these licenses are needed
now in order to stay compliant with licensing laws.
CompServ hold the Florida State Contract # 250-040-99-1. Funding will be provided out of
the 001-2113-521-66.10 account.
Department Hea
Signature:
City Attomey Review/Recommendation
plicable ):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: eo Initials: c.tt
Account Number 001-2113-521-66.10
Description
Software
Account Balance:
127.700.00
wlfrtVlj!~
Funding Alternatives: (If applicable)
City Manager Review:
Approved for Agenda:@ / No Initials: l7fvl
Hold Until:
Agenda Coordinator Review:
Received:
MEMORANDUM
1ll:
FROM:
THROUGH:
DATE:
David Harden, City Manager
Patsy Nadal, Buyer
Joseph Safford,~ce Director
10/13/2005
SUBJECT:
DOCUMENTATION -CITY COMMISSION MEETING
OCTOBER 25,2005 - BLANKET PURCHASE ORDER
FOR TIRES
Item Before Commission:
The City Commission is requested to approve requisition number 121815, a blanket purchase
order valid from 10/0 1/2005 thru 09/30/2006 for an assortment of tires to be purchased from Boca
Tire, Inc. via Florida State Contract #863-000-03-1, effective 01/01/2003 through 02/28/2006 for
the total amount of$30,000.00.
Baek2round:
The City purchases an assortment of tires for replacement and warehouse stock as needed. Boca
Tires, Inc. is a local authorized distributor fur The Goodyear Tire and Rubber Company and
Michelin North America, Inc. per Florida State Contract.
Recommendation:
Staff recommends a blanket purchase order for the purchase of various tires as needed from Boca
Tire, Inc. via the Florida State Contract #863-000-03-1 for the Central Garage.
Funding from account code: #501-3311-591-52.20.
Attachments:
Requisition #121815
Florida State Contract #863-000-03-1
Cc: Jackie Rooney, Purchasing Manager r--
oJ<,
UJ1
~L.3
SPURSview - Vendor Information
Page 1 of 1
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Business & Industrv > Search> Vendor Information
Vendor Information
I BOCA TIRES INC BOCA TIRES I
IAddress II 199 NORTHWEST 1ST AVENUE I
BOCA RATON FL 33432
ICounty II 50 I
IStatus Code II OMS REGISTERED I
IMinority Code II A I
IBusiness Designation 1 I
IContact Name JIM MATARAZZO I
IPhone Number to Contact (561)391-1200 I
IEmail Address BOCA TIRE@BELLSOUTH.NET I
IVendor Website
IActive/lnactive Code ACTIVE IN SPURS & SAMAS I
IBids State Flag X I
IBids North Flag
IBids West Flag
IBids Central Flag
IBids South Flag
Ilnput Type Description MFMP I
Email HelD Desk
M - F 9:00 am - 5:00 pm Eastern Time.
(650) 921-0997.
Copyriaht@) 2000 State Of Florida
Privacy Statement
http://myflorida.comlowa_spurs/owalspurs_www.vendors.display?vendor _type _ str=F&v... 10/1 0/2005
Instructions for Purchasing Tires
Page 1 of3
Instructions for Purchasing Tires
Price lists, distributors and tire descriptions are maintained on the web sites listed. The price lists will
contain the discounted Contract prices of the tires.
This Contract is multiple award with up to three (3) Contractors per Commodity Number. Only the
Contractors listed on the following Commodity Codes are authorized to sell tires from that Commodity.
Valve stems, mounting and dynamic balancing for automobiles and light trucks are additional charges
and are shown below under the commodity numbers. Medium, heavy truck, construction, industrial,
fann and specialty tires valve stems, mounting and dynamic balancing must be negotiated by the
Purchaser.
Awards by Commodity Numbers
1.) 863-700-200 - Tire. Automobile. Radial, Std. Passenger
The Goodyear Tire & Rubber Company
New snap-in valve stem & installation:
Mounting of tire:
Dynamic Balancing including weights:
Michelin North America
New snap-in valve stem & installation:
Mounting of tire:
Dynamic Balancing including weights:
List Price Discount: 54%
$3.00/tire
No charge with purchase in store
$10.00ffire
List Price Discount: 35%
$3.00/tire
No charge with purchase in store
$2.25ffire
2.) 863-700-400 - Tire. Police Pursuit and Emergency High Speed, Radial
New snap-in valve stem & installation: $3.00/tire
Mounting of tire: $3.00ftire
Dynamic Balancing including weights: $5.00ffire
The Goodyear Tire & Rubber Company
New snap-in valve stem & installation:
Mounting of tire:
Dynamic Balancing including weights:
(REVISED 03/01/2005)
List Price Discount: 55%
$3.00/tire
No charge with purchase in store
$1O.OOffire
http://www.myflorida.comlstcontractsl863000031/award%20index.htm
10/10/2005
Instructions for Purchasing Tires
3.) 863-800-205 - Tire, Light Truck, Radial
The Goodyear Tire & Rubber Company
New snap-in valve stem & installation:
Mounting of tire:
Dynamic Balancing including weights:
Michelin North America
New snap-in valve stem & installation:
Mounting of tire:
Dynamic Balancing including weights:
4.) 863-800-100 - Tire, Light Truck, Bias
The Goodyear Tire & Rubber Company
New snap-in valve stem & installation:
Mounting of tire:
Dynamic Balancing including weights:
List Price Discount: 47%
$3.00/tire
$8.00/tire
$lO.OOlTire
List Price Discount: 40"/0
$3.25/tire
No charge with purchase in store
$3.00ITire
List Price Discount: 35%
$3.00/tire
$8.00/tire
$lO.OOlTire
5.) 863-800-250 - Tire, Light Truck, Steel Casing
The Goodyear Tire & Rubber Company
New snap-in valve stem & installation:
Mounting of tire:
Dynamic Balancing including weights:
Michelin North America
New snap-in valve stem & installation:
Mounting of tire:
Dynamic Balancing including weights:
(REVISED 03/01/2005)
List Price Discount: 38%
$3.00/tire
$8.00/tire
$10.00/Tire
List Price Discount: 40"/0
$3.25/tire
No charge with purchase in store
$3.00ITire
http://www.myflorida.comfst_contractsl863000031/award%20index.htm
Page 2 of3
10110/2005
Instructions for Purchasing Tires
Page 3 of3
6.) 863-800-800 - Tire. Medium Truck. Radial
The Goodyear Tire & Rubber Company
List Price Discount: 38%
-
Michelin North America
List Price Discount: 45%
7.) 863-600-380 - Tire, OfT Road, Radial
The Goodyear Tire & Rubber Company
List Price Discount: 50%
Michelin North America
(REVISED 02/2512003)
List Price Discount: 28%
-
8.) 863-600-350 - Tire. OtTthe Road, Bias
The Goodyear Tire & Rubber Company
List Price Discount: 38%
-
(REVISED 07/01/2003)
9.) 863-200-375 - Tire, ImplementlFarm
The Goodyear Tire & Rubber Company
List Price Discount: 35%
Michelin North America
List Price Discount: 28%
10.) 863-900-100 - Tire. Specialty
The Goodyear Tire & Rubber Company
List Price Discount: 54%
(REVISED 03/01/2005)
http://www.myflorida.com/st_contracts/863000031/award%20index.htm
10/10/2005
AGENDA ITEM NUMBER: <bL3
AGENDA REQUEST
Request to be placed on: October 25, 2005
Date: October 10,2005
~ Consent Agenda _ Special Agenda _ Workshop Agenda
Description of agenda item:
The City Commission is requested to approve requisition number 121815, a blanket purchase order
valid from 10/0 l/2005 thru 09/30/2006 for an assortment of tires to be purchase from Boca Tire, Inc.
via Florida State Contract #863-000-03-1, effective 0l/0l/2003 through 02/28/2006 for the total
amount of$30,000.00.
ORDINANCE/RESOLUTION REQUIRED:
Draft Attached
YES
YES
NO_X_
NO
Recommendation:
Staff recommends a blanket purchase order for the purchase of various tires as needed from Boca Tire,
Inc. via the Florida State Contract #863-000-03-1 for the Central Garage.
Funding from account code: #501-3311-591-52.20.
Department Head Signature: ::::r-:' ~ ~
Detennination of Consistency with Comprehensive PI~
City Attorney ReviewlRecommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: Yes""""'- ~.:S No
Funding altematives: (if applicable)
Account Number: 501-3311-591-52.20
Account Description: OPERATING SUPPLIES I EXTERNAL PARTS
Account Balance:
City Manager Review:
Approved for agenda:B f7'lt No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved
Disapproved
MEMORANDUM
1ll:
FROM:
THROUGH:
DATE:
David Harden, City Manager
Patsy Nadal. Buyer
Joseph Safford, Finance Director
10/1812005
SUBJECf:
DOCUMENTATION -CITY COMMISSION MEETING
October 25, 2005 - BLANKET PURCHASE ORDER
FOR GARBAGE CARTS FROM OTIO WASTE SYSTEMS
Item Before Commission:
11te City Commission is requested to approve a blanket purchase order for hot stamped garbage
carts, lids and wheels from Otto Waste Systems as a sole source provider, for the total amount of
$149,999.00. 11te garbage carts will be ordered as needed for fiscal year 200512006.
Back2round:
11te City orders garbage carts an average of four (4) times a year. 11te sizes required by the City
of Delray Beach are 95, 65, and 35 gallon carts with lids and wheels. The carts have a forest
green body, black lid, rubber tires and are hot stmtped with the City Logo seal and serial
numbers.
Otto Waste Systems has quoted to the City a unit price of $48.33 each for the 95 gallon carts,
$45.33 for the 65 gallon carts and $40.33 fur the 35 gallon carts, per attached email dated
September 21, 2005. The carts are shipped in full truckloads for cost savings of freight. Otto
Industries, Inc. is the original vendor for the purchase of these carts since their initial "roll-()Ut" in
1996.
Recommendation:
Staff recommends a blanket purchase order in the amount of $149,999.00 for the purchase of
garbage carts with lids and wheels to be ordered "as needed' from Otto Waste Systems as a sole
source purchase.
Funding from account code: #433-3711-534-49.35.
Attaclunents:
Department Email
Email Quote from Otto Industries, Inc.
cc: Jackie Rooney, Purchasing Manager
JA
~L~
Message
Page 1 of 1
Nadal, Patsy
From: Quinlan, Donna
Sent: Thursday, October 13, 2005 3:03 PM
To: Nadal, Patsy
Cc: Butler, Lula
Subject: Otto Environmental Systems
Patsy:
Per our conversation, we would like to do a blanket approval to Otto
Environmental Services Inc. for the purchase of the City's garbage
carts,which includes hot stamping. Our budget for fiscal year 05/06 is
$149,999. We would like to have City Commission approval now so that
"-
we can order carts as we need them.
5~,~
1O/13/2005
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AGENDA ITEM NUMBER:
31....'-1_
AGENDA REQUEST
Request to be placed on: October 25, 2005
Date: October 17, 2005
~ Consent Agenda _ Special Agenda _ Workshop Agenda
Description of agenda item:
The City Commission is requested to approve a blanket purchase order for hot stamped garbage carts,
lids and wheels from Otto Waste Systems as a sole source provider, for the total amount of
$]49,999.00. The garage carts will be order as needed for fiscal year 2005/2006.
NO_X
NO_X
ORDINANCE/RESOLUTION REQUIRED:
YES
Draft Attached:
YES
Recommendation:
Staff recommends a blanket purchase order in the amount of$149,999.00 for the purchase of garbage
carts with lids and wheels to be ordered "as needed' from Otto Waste Systems as a sole source
purchase.
Funding from account code: 433-3711-534-49.35
Department Head Signature: ~ . ~ ~
"
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (r~ on all items involyingtllXPJl/1diture of funds):
.:::i3; 10 I "''''~
Funding available: es LJ..::f. No
Funding alternatives:
(if applicable)
Account Number:
433-3711-534-49.35
Account Description:
CART RENEWAL & REPLACEMENT
$1l.J1,lQ9, 1-(
Account Balance:
City Manager Review:
Approved for agenda: t!iJ ~ No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved
Disapproved
TO:
FROM:
THROUGH:
DATE:
SUBJECT:
MEMORANDUM
David Harden, City Manager
Patsy Nadal, Buyer
Joseph Safford,~ce Director
10/19/2005
DOCUMENTATlON-CITY COMMISSION MEETING
OCTOBER. 25. 200S - BLANKET PURCHASE ORDER. FOR.
SODIUM HYPOCHLORITE AND CALCIUM HYPOCHLORITE
TABLETS
Item Before Commiaion:
1be City Commission is requested to approve requisition number 121395, a blanket purchase order valid
from IO/Oln005 Ibm 09/3012006 in the amount of $43,500.00 for the pnn:hal;e and deIiveIy of Sodium
Hypochlorite to four (4) locations in small quantities due to truck. accessibility and Calcium Hypochlorite
r PPG tablets from Poolsure.
B...L:CJn'IDod:
Sodium hypochlorite is used as a disinfectantlantimicrobial agent. Currently the City purchases this
product from Allied UniversaI Corporation in bulk tanIrea" loads for olher locations. GuIfstream, lift stations
#50, 80, and Owens Baker requires quantities of 500 gallons and 1,000 gallons and cannot accommodate a
tanker size truck. Allied will only deliver in tanker quantities.
PPG calcium hypochlorite is a dry fonn 3" tablet of chlorine that is efficient and easy to use. In solution
with water, it is used as a general disinfectant to destroy bacteria, algae, slime, fungi and other
microorganisms in the sewage systems. Delivery for this product has a 1,320 pound maximum size at the
location. This is considered a smaIl order for delivery.
Purchasing was unsuccessful in acquiring additional quotes on both products due to deliveIy restrictions.
Quotes submitted arc as follows:
Vendor:
Hypochlorite (r;I1)
Calcium Hypochlorite (lb)
PooIsure
SL22
SI.60
Soutbeastem Systems
No Bid
SI.77
Chentical Sa1e8 Sodium
No Bid
No Bid
Recommendation:
Staff recommends a blanket pnn:hal;e order for the pnn:hase of Sodium Hypochlorite and Calcium
Hypochlorite "as needed" from Poolsure per Quote #1936 for an estimated annual cost ofS43,500.00.
Funding from aocount #: 441-5123-536-52.21
Attachments: Pricing Quote #1936
Department Email Request
Requisition #121395
ce:
Jackie Rooney, Pun:basing Manager
t
~L5
OCT-18-Z005 04:4ZPM FROM-GE Mana,"m"nt
5613838788
T-OZ4 P.OOZ/OOZ F-856
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COMMIiN'ISINOTE8:
* pi "'''?E FAX ATTEN'IION: PATSY NADAL ~ N1..au.71U
* ANYQUE6...:lNS YOU MAY CONTACT _ _.,~...
FROM :
10/18/2005 11:08 FAX 5812437166
FRX NO. :5618330646
CITV OF OELRAV BEACH
Oct. 18 2005 11:30RM P1
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AGENDA ITEM NUMBER: ~L6"
AGENDA REQUEST
Request to be placed on: October 25, 2005
Date: October 19, 2005
...M-- Consent Agenda _ Special Agenda _ Workshop Agenda
Description of agenda item:
"The City Commission is requested to approve requisition number 121395, a blanket purchase
order valid from 10/0112005 thru 09/3012006 in the amount of $43,500.00 for the purchase and
delivery of Sodium Hypochlorite to four (4) locations in small quantities due to truck accessibility
and Calcium Hypochlorite 3" PPG tablets from Poolsure.
ORDINANCE/RESOLUTION REQUIRED:
YES
NO_X
NO_X
Draft Attached:
YES
Recommendation:
Staff recommends a blanket purchase order for the purchase of Sodium Hypochlorite and
Calcium Hypochlorite "as needed" from Poolsure per Quote # 1936 for an estimated annual
cost of $43,500.00.
Department Head Signature: 7. ~~
Detennination of Consistency with Comprehensive Plan:\..
City Attorney ReviewlRecommendation (if applicable):
Budget Director Review (required on aU items involving expenditure of funds):
!.'~ .' 1-I:::::r:s
Funding available: ~ //oG No
Funding alternatives: (if appUcable)
Account Number: 441-5123-536.52-21
Account Description: OPERATING SUPPLIES 1 CHEMICALS
$ '13',.5 7JD
Account Balance:
City Manager Review:
Approved for agenda6'~~
Hold Until:
No
Agenda Coordinator Review:
Received:
Action:
Approved
Disapproved
MEMORANDUM
oK
t17/
TO:
David T. Harden, City Manager
Jacklyn Rooney, Purchasing Manager ~
Joseph Safford, Finance Director
FROM:
THROUGH:
DATE:
October 18, 2005
SUBJECT:
DOCUMENTATION - CITY COMMISSION MEETING
OCTOBER 25, 2005- PURCHASE A W ARD- REFLECTIVE SIGN
SHEETING, AND TAPE MATERIALS FROM 3M TRAFFIC
SAFETY SYSTEMS DIVISION
City Commission is requested to approve the purchase of various sizes of reflective sign
sheeting, tape and barricade tape materials for the City's sign shop for traffic maintenance
located at Public Works Complex per attached requisition #121985. These items are available
from 3M Traffic Safety Systems Division for a total purchase amount of $15,166.60 per 3M's
Quotation #5JL0390TC dated October 07,2005.
The City Sign Shop keeps a yearly stock of these items for use on an "as needed" basis when
making street signs for the City.
$11,340.00 of these items quoted were awarded to 3M Traffic Safety Systems Division via the
Osceola Board of County Commissioners Bid #AIR #05-412-TM - Sign Materials - on February
21,2005. Attached is a copy of the Osceola Board of County Commissioners Bid #AIR #05-
412-TM, Sign Materials. This contract is in effect till through February 21,2006. The balance of
$3,826.60 is pricing from 3M's quote #5JL0390TC dated October 07,2005 (attached).
Jim Schmitz, Deputy Director of Public Works, recommends award to 3M Traffic Safety
Systems Division per signature dated October 17,2005, on the attached vendor's quote. Orlando
Serrano, Traffic Maintenance Supervisor recommends award to 3M per attached memo dated
October 17, 2005.
Staff recommends the approval of the award to 3M Traffic Safety Systems Division for the
purchase of sign materials via the Osceola Board of County Commissioners Bid #AIR #05-412-
TM and quote #5JL0390TC from 3M dated October 07, 2005 for a total purchase amount of
$15,166.60 (3 M previously was awarded State Contract for signage which has expired and has
not been re-awarded). Funding from account code 001-3141-541-52.20.
Attachments
Requisition #121985
3M Quote #5JL0390TC
Osceola Board of County Commissioners Bid #AIR 05-412 TM
<gL.~
10/17/2005 10:49 FAX 5812437188
CITY OF OELRAY BEACH
3M
1M 1l'II'rle .....1\. . ~ I
3M c.ntw - - - _ 21..... .1
P.O. ...~
It. ,..... MIll auHlDlI
NUb "1-,., "11
1'III._14OIl/Nll-1.llO....._ 2.
"'"" .-----------------~
~-
_/
/..---/
/'/
TOI OTY OF Df1JlAY IlEAtH (~5)
100 NW 1ST AVE
DB..RAY BEAOI, l'L 33444-2612
AIIn; OIlLANDO SERRANO
..... 91-243-7314
"'-= 561-243-7115
Prom. SHI!RRY SMlSel<
...... 800-5>>-1380
QuatllllIIlI Numllorl 5JL039DTC
QuaI:IItIon ~ Oct 7. 2005
r... ._ Net 30 o.ya
1'.0.8. CItftInIlIon
DeIIIi. , '"'- ContlIIct ,aur C5R
~ 003/003
0-.... D ~"."
3 RoIlS 3275 IWE R/S Z4 IN X 50 YDS
3 1\011& 327' BUlE SCO'I'CI1LII'E IU!I'L 5HTG1 30 IN X 50 'VDS
1 RoD 3zn MOWN SCO'T'OILlT! RE!FL SKTG 30 IN X 50 YDS
Z Rolllo 3277 GReet fIlS 30 IN X 50 YD5
II R<lu" 3870 WHT CLHJCIH D\oI.~m"sliTG 10 IN X &OYOS
1 Roll 3271 YIU.OW IV$ 30 IN X so YDS
3 RoI" 3272 RSD iIG Z4IN X so YOS
3 R<IlIs 3272.A.!D SCOTOtLlTll RIA. SHTQ 30 IN X 50 VDS
3 Rollll 1172C Il.ED El.eCnl.ONlC CUTTA&Le I'ILM .. 30' x so '/I)
11\011 CWBoINL OM EN; GAAt)Ii WORICZ'ON& stm3 n" X SO YD
5 R<lUll 32110 ~ SCC1T'Otl.Il"llIlel'L 5HTG :1.4 IN X 50 VDS
5 Rolli 330 Wtm'E SCClT01Lm! IUiFI. $1iT'G 3D IN X 50 YDS
3 Rolls J870 WHT a. HIGH INTCIUrTY SHTlil 30. X '0 YO
20 Rob StP5-2 PRl!SPACE TAPIII4lN X 100 YDS
20 Ralls sc:PS-2 PWPACe TAIIE! & IN X 100 YtlS
10 RollS SC'S-Z PASlPACI TAPE 24 IN X 100 'VD
1 Roll C:W4eLNL PRI!ll'I1UPED l!G 8A!I..~ 12 IN X SO YDS
1 Ron CW4GRNL PIV5T1IIPa> l!G 1lAIUl.ICADE! 12 IN X 50 YDS
J FlllII 3983 I'WOR YI.W/GRN VIP DIAMOI\lD 30 IN X 50 YDS
05ceu(C;:
Cotud '(
6,.J
Prl' c i I\~
UtIIt..... 6D "".
,f22S.o0 $675.00
$281.25 $lM3.75
$zBl.2S $281.25
f2lIl.25 $562.50
$186.25 '1,676.25
$281.25 $281.25
$225.00 $675.00
$281.25 ....,.75
$431~ n,293.75 ~ ~c'l\
$337.50 $337.50 (a.", p r .c,,-)
$225.00 $1,125.00
$281.25 $1,406.25
$!IS8.7S .U7US
$10.118 fZ17.2.0
$Ui.29 $325.80
$65.16 $551.10
$228.50 '228.50
$228.50 $228.50
'1.1137.50 $1.837,50
ToIIlIII .1.1.:1....80
TO __ 0IIIlQ CALLll-eoa "U IUO _1It;l,
TO FAl( 0IlDIII. 'W.Ls I..-IID lII:l.oftI.
I 'd
Z:S/tll 39Il'd
tp('ON
RECEIVED
OCT. 1,7 2005
MliHASlNG,VEPT,
3m
6' Nc..0)
HOIaEI ^~ ~ ALlO
ss m ~^S LSn:! rm Nve~:9 ~OOl'I 'J~n
ptELEpZt99 pe:s. seeZ:/Lt,Bt
3M
651 737 9644
10/18 '05 08:35 NO.568 02/02
Due Oats: Advertised Oet.: December 5, 2004
D.~m er 2 2 05. 2:00 .m. '. '_
Re.pond to: rocurement Servfces, 1 Courthous.e Sq., Suite 2300. Kiss1mmee,
FL 34741 Phone: 407.34~142 Pax: 407.343-31~0 .
~B25.
B24. Equal Opportunity: Osceola County recognizes feiir and open competition aa a basic tenet of public
procurament and encourage. participation by mlnortty and women owne~ business enterprisea. The CountY
requests minority and women owned business enterprises to submit evidence of such cer1iflcation with
eubmlttals.
Other Entity Use: All Bidders/proposer submitting a responSe to this Invllation to 81d agree that such. ~
response also constitutes a bId to ell govemmental agencies, under the same conditions, for the same ""'(iIf"-
contract price, and for the same effective period as this bId, should ths Bidder feel It Is In their best Interest to
do so.
Each govemmental agency desiring to accept these bids. and maka an award thereof, shall do so
Independently of any other govemmental agency. each agency shell be rasponslble for its own purchaSe;
and each shall be liable only for melarlals and/or servloes ordered and received by~: end no agency assumes
any liability by virtue of this bid/proposal.
This agreement In no way restricts or Interferes with the right of any governmental agency to rebid any Or all
Items.
1326. Public Emergencies: It Is hereby made e part of this bid that before, during, and attar a pUblic emergency. '
disaster. hurrloane, tomado, flood, or other aela of God that Osoeola County shall require a "First Priority" for
goods and services. It Is vllel end Imperallve that the meJority of citizens are protected from any emergency
situation thet threatens public health end safety, as detennlned by the County. Vendor/contrector agrees to
rentJselJ/lease all goode and services to the County or governmental entities on a "flrst pMorlty" basis. 'rhe
County expecle to pay a fair and reasonable price for ell products and services rendered or contraoted In the
evsnt of a disaster, emergency, hurrloane, tomado or other acts of God.
SECTION C SPECIAL PROVISIONS
C1. Minimum Standard: Specifications lIated herein describe the expected minimum stendard. If any exceptions .
are taken, Indicate on the bid fonn any deviations from the specifications snd include any explanation or
applloable literatUre. The absence of this indication shall be considered oomplete compllence w~h lhe listed
specifications. These speclfleet/ons are Intended to be desorlptive in neture and ara not intended to eliminate
any vendor from submitting a bid. .
Note: Osceola County hae standarcflzeo oertaln equipment and supply Items. These items are bid as "only"
and bidders are to bid 2Il!lrtha product .no model number speclfled. If the specified model number has b~en .
ohanged, bId the latest model number available. Alternate products provld.d by other manufacturers will not
be oonsldered.
C2. ';lIdder'a Specifications: Each bidder shall make accurete slatements In his bid, particularly es to types of
prOducts provided end any epeclel requirements or options reqUired for operation.
C3. Not 8lddlng: If not bidding any or all neme, please eo state.
C4. Firm Prices: Unit Prices for goods and/or servlcas covered In the speclficaijon$ shall be firm, net delivered to
the ordering agency, F.O.E!. DESTINATION (Vendor paying "" delivery costs) and shall remain firm for !he .
perIod of any agreement reachad as a result of this Annual Requirement.
C5. PerIod of Agreement: Agreement shall be awarded for a one (1) year term to begin upcn approval and .
execution of the County.
6 of 67
",'
OCT. 18. 2005 7: 50AM
3M TCM
NO. 293
P. 8
..
~Ia No. NR#QS-412- TM DUB Dale: ", .;:@ I Advertised Date: Dec.;Il1b,""S 2004
Buyer. Tammi Madison, December 2lI 2005 2:000.m.. -_ '. . .-
Imad(/ilose&ola.oro Respond to: ProcUl<lment Services, 1 Courthouse SQ., Suite 2300, Kiseimme..
Bid Trtle: Sign. Materials & Road Markings Fl. ~4741 PhOMe: '40.7-343'-3142 . Fax:: 407343-3130. '.
--rBl'lClle strength
"'elongation
"'ail.rsU'engtn
WHeet r~rstance
- 2000 P .S.l.
- 200 P .S.I.
-:!DO ~.S.I.
.. No Slump after 8
. :~lc' . 'i"
h~.
..
11. "!}>p. /I Barric:ades; Shill confonn to tne MSnlJ;II1 On .. '.'
Unifnnn Tn'lfflo. Contrnl OevlC.l!I: rnatarillill and dimensions
shall be as follows:
-Hoight -45"
.PSl"leJ width -,2'"
"Panel oolor -Whl", NlA 300 $ NO BID $
.Panal thickness .Mjl1.1J2~ .'
~8nellel'lgth -36"
"Reflecttva shealing -Type/l1A or ]/lC
,
12. SlIrricade. Warning Ughts: Shau meet aU of the requIrements Of the M81"Ul#ll on Unffol'tr'l Trafflc C"'.J1ntrol IMvicea R~rlI.T.E. specificaticl'lSo...
OeSCRIPTlON SIZe eST/MATEO UNIT PRICe EXTe.,"OED
GBUN QUANlTTY PRICE;
12.1 Type A and C combinlltlon with 3 W2y (flashing. .rteadybum
and <>If) mod..; 12 volts with phol/:> ce/l N/A 300 $ NO BID $
12.2 "i"ype B (12 volt)v.1thcut ptloto taU NlA 7. '$ NO BID $
TOTAL BID FOR GROU~ 12 (e:dar1c10cl price.): $ NO BID
13. OeliJ:llilatof ?o~ Post shell bra flanged CI'lanneJ 1i'Pa; steel,
318- hQles driUed on one inch (1j centers, beginning otis
;nth (1') from top of pos1 for the fuU ]oo<ilh at (lOSt. POll $ NO llIIl
snall l'1ave. a hot""",lpp~ galvanized ooa1ing eol'11onning to 7' 500 $
AS'rM Boeol1lca1lon A1~.
".
6 containl!l~
84.5 : 1 Q
Stainark; ~rand CDQtad c:amellt #&-44 or equivalent
5 gaUon
containers
140.85
5 gallon
containeri
8 eontainer,
$ 140.85
.P.bI'2Si'OIll ~istant Sun C~"ntry. Prismatic RetleGtlvc PB,,:smBf'lt M"rker' (StDn:5:anitB ModBI911. Aor eQual@l); .
16.
CESCRIPTlON E!SilMATED UNIT PRICE EXTENDED
Gf<OUP ~roduot QUANTTTY
# # PRICe
~roduct# Reflective ..aIled pavement marker, one color b~dil'8Cticnaf
,e., RPM-290-211 re1'I,dctizad f.Joea - white, red and yellOW 10.POO S .95 $ 9500.00
RPM-290-2R lU'l!-29J.-2Y
PrcdLlcttf. F'{aflactive raised pavemetlt marker, one color bktiractioflBl 1.25 250.00
15-2 RJOM".'-211 r91J1tcb:l~d facaa - bll.le 200 $ $
Product # Ratlecffve raised paveml!m merker, two color bkfirectiOJ:le.1 $ 4750.00
1603 RPM-290-WR refledOriad faces - any ccmblnatidi1 ofwhite, red. yeUow 5,Poo s .95
RPM-290~\JY RPM-29J.-YR .
Product '# Reflective raiSed pavement marker, mono-dirQctional $ 9000.00
18.'4 R.l'l<I-~99-W rel'lectorized fece . whit9. re~ and yellow 10,000 S .90
R1'M-~90-R RPM-291.-t
TOTAL BID FO~ GRjUP 16 (sxfsnded/::.rtcss); 23,.500.00
MigJBrano Name: M Company 3M s
1.4 ofll7
OCT. 18.2005 7:50AM
3M TCM
NO. 293
P. 9
Bid No. ":'K1fU5-412.TM . Due wale: .;:a" I Advertised Data, Decell1ber 5, 2004
Oecember 2B 2005. 2;00 ~.m, '. '.
Buyer. ramml Mad;son Respond to: Procurement Serviees, 1 Cot.lrthOt.lse Sq.. Suite 2300, Kis.s7mmeel
lmadlBlosceola.oro '. . FL 34741 Phona: 407-343-3142 FOlt 407-343-3130
Bid Tala: Sign Matarial. & R9ad Marl<lng.
17. I Dwable Proneness Retro...nective Preformed Pavement Marl<ln~.; ,~':.'. or I
C3ROUi> Prod~et # OESCRIPTION EiS1Jrmated UNIT EXTENOEiO
~ Quan!lly PRICS PRICE
17.1 PJ-oduct ~ l-lighly dunibla reflective prafonned P8vement marking., with a pre8sur8~
6330 sen.sitlve adhe.sive (with liner) . white oryel1owfape:
White Only 4"x30)'d1. 6 rolls . se.so . -,SLOO
not: i-'Va11ab e 5. -aO)'ds. 6 (oils . 87.75 . 526.50
1JJ yellow B' x 30 )'do. 5 rell" S J.J.7.00 $ 585.00
12' x 30 yds. 5 rQlIs :SHS_SO $ 877 ,SO
,e' x 30 )'de. 6roU. S 234.00 $ ll70_00
24' _ 30 )'ds. SmU, S S5LOO . 1755.00
17.4 Product '# Highly dutollle reneot/v. preformotJ l/>and;cap) _11THl<i<lng symbol.
aons!rUoted In Ohe piece of a solid blue and whrtl pOlymer basad material
with , pressUre-setl$itrV8 adhesIve Protected by I removable Dner:
30' x a6' S No Bid
4B" _ 52' 10 S
15 $ No !id $
TOTAL Bill FOR GROUP 17 (a>Mndod rvioao): $ 5265.00 J
MfgJBrand Name: 3M Company/St=k
Auore4l:8nt Wide- Angle F'rismBtfc 1tetrcrellClctive ShClstins (2 types) (Aor equal@):
1S of 67
OCT. 18, 2005 7:50AM
3M TCM
NO, 293
p, 10
"
Bid No_ NR#05-412- TM . . Due Date; .' .i;la 10. I AcIvertised Date: Decambet 5, 2004
Oecell1ber 28. 2005 2:00 .m. . -:
Buy~~~ammi Madison. . Rellpond to: Pl'Ocurement So;rviee., 1 Courthouse Sq., Surte 2300,. Kisoimmee,
. !tnad osceolaol'O .' . FL 34741 Phone: 407..343>3142 . Fax: 407-S4S-~M, _' .
Bid Tnla: Sign Meterials & ~d Mari<ings
,a.' Product .. RetlB~ aheetlng. prlsme1ic (type A), wW'Il;!ressure-.ssl1srttva adhesive
bllicklng.f1uol1lloentyeUOWEll1dgrMn: . ; :'lll:")"-
39aa 12" X so yds. 4 roU, a 7OS.00 a 2940 .00,
24" X SO yda. 4rcll$ a ]),,70.00 s saso .00
3." X 50 yd.. Sroll$ a 2205.00 all,D25.DO
48" X 50 yds. . . .' 51'011$ $ 2940.00 $14,700.00
Custom loogjhfwidlh (Olherthan _lIstad above) .. per sq ft $ 4.90 'N/A'
18.2 Product "# R.efiactlva sheeting, prlsm$tic (l'iPa B), with prassure-eensltive sdh~5ive
3963 baoking - fIuot'Baaent ye!Jow and QT8en:
'2" x SO Yd.. 2ro11o . a 735.00 al470.00
24" X 50 yda. 2rcQs $ l470_00 $ 29"40.00
38" x SO yd.. ,2roUs a 2205.00 a 44l0.00
48" x SO )'CIa, (35" is 1:he "'-ldut for 3963) 2roBo'S $ N/J. $ N/A
Cu@m longTll/widftl (other 111.., limo Doted al,ovo) .. persq It $ 4.90 NIA
TOTAl. BID FOR GROUP 18 $ 43,365.00
MfgJB"'od Name: 3l>l: Como&nY/3l>l:
'C
Type 111-0 Wide Anguli Pri$matic Fte.trcretledive .sheeting (Aor .qual~=
18,
'9.1 Product # Roflodivo '~"Ilng, pris"",~o ~. A), with pr...ure-sensiliv. .d~oslve
bac.l<ing "while, red, groen. blue, yellow:
39~0 White 7
@'OOyO.1. G rall$ ;265.62 $ 1.526.10
3991 Yello 9".50 ;-d.. '0 fOlio $478.11 $ 47SL2D
3992 Red 12"x50;-ds. Slnlls $ 637 .50 $ 3lS7.50
3995 :slue lS"X5DyO.1. 5 rolls $956.25 $ 4781,25
3997 Greeo 24" X 50 yd>. oS rolls $1175.00 $ 6375.00
SO. X 50 yds. '0 roilS $1.593.75 . 1.5,937,50
3S" x 50 yd.. 5 rolls. $1912 .50 $ 9562.50
48" x SO ydS. 5roll. S 2550 . DO $ 11,750.00
N/A
ClJstam lengtM;idth (other than ._Ilsted Bbovel .. per oq ~ $4,;2S
'9.2 Product #0 Raflecttve sheeting, prtsm~g (type B), wfth pl'MSurs-serJ.ei!1ve adl'Utsive .-
3970 White bscktng - White, red. ,gt'Q&1l, bll.le, yellow: .
397J. Yellow '2" x 50 yd.. ;2 roJl. S 652.50 a 1305.00
3972 Red 1S"XSO yd>. 2~11$ S 978.75 $ 1.957 _50
3975 B.". 24"'.0 yO.1. 2 rolls $1305.00 $ 2610:00
3'377 Gz-eetl 30~x50 yd.. 2 rolls $ 163l.25 $ 3262.50
3." x .0 )'ds. 5 roilS $ 1957.50 $ 9787 .~O
4811 X 50 )Ids. (.36" 1.1 tbe widest for 3970 Series) 5 rolls $ N/A S Nh
Cr.lstcm Jangth/w\dtn (other than sizes listed Ibovs) '* pBrsq ft S 4.35 N/A
TOTAL 810 FOR GROUP' 9 S 77,625 .55 I
MfgJ!lrand Name: 311 Comp.",./3li
20. J TypeU Enclosed Ut'l$ RetrorBfJectJV9 Sheeting:
20.1 Product;:' .!I'lgil1eering grada reflectIVe 8hee'dng wtlich coneists of enclosed $pheri~J
3290 Rbi te lens elements embedded wlthill a trans-parent plutic havJng a smootl11Jat
327J. YellOW outer 8wface and.,a pr.essurHensJtlv~',adhesive backing - red. yenow,
327Z Red OJua, green, white, brown:
3275 Blue 12" x SO ydo. 6' roUs $ 112.5D $ 675 . DO
3277 Gre.en 8 reUs $ l66.75 ~ $ lOU.SO ~
18" x 50 yd.. . ,
3279 Brown 24" x 50 yds. 6roUs $ 223.00 . "'^' ;~.
:30" x 50 Ydlil, 2 rolls $ 281.23 fk
3S" x SO ydo, 2 rolls $ 337.S0 a ;';0:00
<Ie" x 50 yda. 2 rolls $ 450.00
Custo~ lengthlll (CU'ler than listed sbove) per.sqft .',:$ .75 NIA
..
16 of 67
OCT. 18.2005 7:50AM
3M TCM
NO.2 9 3
P. 11
. .
Bid No. NR#OS-41::!-TM Ou. o.ate: "'~.'. . - ;'"" . I Advernsed Oat.: O..;;e",b6r 5, 2004
Oecember 26 2005 2:00 O.m. .
Bu~~~miMad~on' RlilS~ond to:,p.roQure.!.Tlant ~oeS, , Cowihouae .Sq.. ~ujte 2~cioi Ki3simmee'
trnad coola.om FL ~4741 PIiOile: .407-343'S142 Fax: 407-343-3130: "
Bid ,,"tie: Sign MaterialS & Road MarkinGs
TOTAL BID FOR C3ROUP 2D (ex:londed prkss):
Mfg.JB"",d ~'"
. ..:ht....
. ,"
; 5;1.75.00
21. Retrot'QfJective Pnlfcrm~ Pavement Markine Maten.11cr C.on:rtructlOI1 Work Zonee;
'.
Product iJ. Metallic backed relll:cttve preformed J;l8Vel"l".8nt maMdng=l, with iii j:lres&Jra-
:sensltfvG adhesive (wtthout Ilnar).. Wl'litA oryallow tape:
.' X 100 yd..
e' X100}'d.. 10ro". S N'o .Bid ~
40 mils ~ 110 B:l.d $
CuaiQm lengtMvidttt (o1hAr than =rtD.s limed above) psr sq If .f!l9, ~:i.d .,
WA
TOTAl. BID FOR GROUP 21 (_dsd prioM): I
MtgJlirand Name: , s_
22- 'R.m~bJe Il{WQnrfl'ectfvCl P",fccmed ~'V8me.m: Marking M:ateiUlJ fQr CQnstruction Werle Zones.:
Product .. Ramovsble tefl'edJve preformed pavement markings, 'NIth a pressure-
sensitM! adheM/a (without rmer) - white or 'yencw 'lape: .
~750 White 4"xSO ;<Is. . ~485.. QO
A75~ Ye~uc a~ x 50 yds. 10rolle . .$l.4lI.50
. .ore/Is $ U2. 7S ~ $91.0. 00
CUOlQtl1 Jenglt1lwid1tJ (o1her Then.lzas Jiotso above) * per sq It ~2.97 WA
TOTAl. elc FoR GROUP 2.2 (_dad PIICN): ~ I
MfgJBrand Name: 3IlI Co,.,,=v/St_l< 10,.395.00
23. 'Type IV RetroretJ.cti'Va Sheeting for Ule Wort(. Zon,,:
23.1 Product # High performance ratleGUve sheeting (type A). for u.le on nibcun~~le
",.utic .substra:fR WQrk.z:ons tramc control devices. with pl85liUllHiiBnsitive
38U. l'IhHe adnesive b~9 - wQite. yeuow. orange:
3811: "sUO' 3"x50;<Is. S roilS U"!L~2 S 740.60
.. x 5O}'tIs.
381.4 0,,,,,,, S" x.sO }'tis. 5 rolls $1.97.50 S 'B7.50
8.x60~. S",1Is $2~6.2.5 $ 148L2.5 .-
; 1.975' :00 -
10" xSO;<ls. SICItS ;3'5.00
12' < 80 yds. Src(ls S4~S.7S , 246$.75 .
SIC". $592_50 $ 196.2 .~e
Custom 1en.gUu; (othertha~ li.Nd at!O'Ve) * $3.~5 N/A
per'q n
23.2 PtodUot;j: High psriormance ~flOOllV. Sheeling (typo B), p_pod banicada
stlAeting with pressUl'8 ..nsifive adhesive ba=dng - 4" or G'" orange and
314 t/1\ wh;te stripes. right Dr left:
316 L/1\ S' x SO yd!,- 21Ca~ $lll.75 S 213.50
s..x 50 ytia., . ",ItS ;14' .00 $ 745.00
1::!" x SO yd.. 510015 $22.S.S0 ; Ill7..S0
Custom lengtl'ls (otnerlhen l!sled abOve) * persq tt '~_4' WA
<>.3 Product # High performance reflectIve Sheeting (6), for use on .rigid substrata ~rk
z:one safety devf~ ~ pres:sI.lI'll-SallSmve .dhMIVe tleddng .. wllite,
3820 lihi.te yellow. orange:'
3821 Yellow 4" . 50 yd.. 5..11. $ 74.50 $ 372 .50
3824 Orange 5 rolls $ J.JJ..75 s 558.75
6" x 50 }'d.. Scolls S335.~5 $ ~676.:l5
I 18' x SO yds. 5 roll.$; $447.00 $ 21.35.00
2.. x SO ydl. Srolls ;55B.7S $17~3.75
30" x 50 "'". S ""10 $670.50 $ 3352:50
38" x 50 I"Is. 5 rolls $894.00 $ 4470.00
4.'\"" SO yd..
CU.$tCm length. (cther11l&n IlaUld above) ~ flersq It $1.49 ; N/A
23.4 Prtldt.lct# High parlolTflsnC2 reflectIVe sheedng (C). for UIlIe on ?VC lratfic cones, ..
,
17M-=:7
OCT. 18.2005 7: 50AM
3M TCM
'.
Bid No. AJR:/();;;412.
gs
NO, 293
p, 12
Due Date: Advertbed Data: D,;eember 5 2004
DeClimber as. 2005' 2:00 .m. '. '.'
Respond to: ProClJr(jlnent &~lVioes, 1 Courthouse Sq., Suite 2300; i<:issimmee,
1'l34741 Phone: .40.7-343-3142 Fax: 407-343-J130. _
with ,QrG&.eUJ'8atIellsftiveadh.sive back;fng -wl11te4..and S" bands (100 per
~a4O ,.0 peokage: .. ,,:.,.. . I'"
4- . InCh ~and : ... ." ... 2.okgs. $_.50 $ 48~.60.
3840 60 6" . inch bend . pkg.. $ 236.70 $ 413_40
TOTAL SIO FOR GROUP ~ lo>dlJndod ptfcoo): I
Mtg.1l3rand Nome: 311 0""'Pany/311 . . S 29...L2.3. 35
24. iype III-A. or IIJ~C RatrorGflective Sheeting:
24.1 Product # I-Ugh perfcli'tlance, te1Iadtv6 ehee!iog (type A), With preaure-setlsitive
~870 Whi to adh~ baCking. white, tW, green, blue, yellow, brcwn: .,
' 60 yd.o. .
3a72 'hllow 6' " 50 ydo. 5roUo $55.5a $447.04
38n Red 9~ X 50 ydI. 10rollo $llL75 $U1.7 .50 .
3876 lllue 12",50 yds. I 2S reUs 'H7.6. $<.'I.~0.50
3577 Gre.n 1S".SOytfs. S rolls $22.3.50 $1788.00
3879 Brown 24' . 50 Yde. e roUe: $ ~35.25 $.682.00
30' , 50 yds. 10rorls $447.00 $4470.00
as" " 60 "'.. 8roll. 'SSS.75 54020:00 7"C
48' , 50 yd.. 6 roll. '-70.00 '
a roll, '894.00. $71.52_00
""""'m lenglhs (o1ller than IIstod Ill><lveJ * $
per.sq it '1..49 NlA
24.2 ProdlJet '# 'Hlgh pertotmlOnca, reIIoctive sheeUng (type B), wilt; pr...ure '_ilIY.
adh eSIW backiJ'lg, parlbratad for lJse in eJecflonlc CJtting machines . Whffs,
3560$ W!l:l.t, red. green. blue, yellow, brown:
1",50yds. $ 4471.80
COalY ....ail able 30', sa yds. 1Sron. $ 295.12
111 "-":l.tO) 10 rolls $S~6_2.S $ 5962_60
CI.la~am lengths (QUlerthan listed above) " $ N1A
p8ro$qft 1.59
TOTAL SID FOR GROUP 241_od pt/(;e8): $ 4<1,772.34 1
MfgJB..",d Name: 3M 0"""''''''''/311
I 25. .. I .I!Iectronfc:ally Cuttable Film fOr Use en RefleCtive ShOOting. Type U. Type JU-A ~d Diamond Gnae:
25.1 Product # electronIc cuttabla films, with pre.ssur~en.sifive: adlJe$ive backing, -
.-
il?? oel"forated for u= In a Gerber (sproCket fed) eJeotronlc c:uttinf# mac-nInes: .
un 15" " 60 yd.., green 2",u., $ 215.62 $ 43L24
15". 50 yd.., red
ll75 15". SO Ydo" blu. 2rclle S 215 .62 $ 43L 24
ll71 ''''50 yds.. yellow 2",110 $ 215 .62 S 431. ~4
ll74 15" X 50 yc1s." orange 2m/Is $ 215 .62 $ 431. 24
1179 15" , 50 ydo., brown 2/ll11S $ 215.62 $ 431.24
U7S 15",50yds., blook 2roUs : 215 .62 $ 431.2j>
S IOns 215.62 $ 'l.075.l0
Custom IltfIgths (other tI18l11istad atlO'Ve) " N1A
parsq ft . l.15
un 30. JC 50 ydB.. graBn 2rcrr.. $ 431.25 $ 862..50
30' , so yds.. nod L-
U72 30' , 50 yds" yellow 2 rolls $.431.25 , ""<-
lln 30' . SO ydO., blu. 2/llUs S 431.25 $ 862_50
ll7S 30" x 50 yd's., orange 2mU41 $ 43L2.5 $ 562.50
ll7~ SO" . SO ;<!s., brown 2/ll11s S 431.25 $ 862.50
U79 30" "60 yds., block 2roU.. 1431.25' ..i 862.50
ll75 5 rolls 431.25 2156.25
CustOm lengths {other tI'lan listed acove~. * perSQ ft $1.1.5 N(A
~S.2 Product # electronic cuttable film.s, with prossura-ser'laitive adnesiva bacldng. ~
~.rfonilll'llrl for Uo$e in eJer;tronic cutting meCl'linea:
U" 48" x SO yds., gre.n 10 ",lis S 690.00 S 6900..00
lln 48" x 60 yds. , red 5roU.s $ 690_00 S 3450.00
ll75 48- .lC 50 yell., blua 2 rolle $ 6~0.OO S 1350.00
un 48~ x sa yds.. yellow 2 rolls .$ 690.00 S l..380.00
1174 S 1011. '$690,00 $ 3450.00
ll79 48" x SO yds.. orang" 2 roll. $~qn.no $ 1.180'00 .
4e~ x SQ..yds. brown
16 of 67
OCT. 18.2005 7:51AM
3M T CM
NO. 293
P. 13
Bid No. AlRII05-412-l;M Du. Date: . ,oat I Advertise(i Oato; OOQember 5, '2004
OeOQlber211.20 5'1!ll2:00 0.111. . '.
Buyer; Tamml Madison Ras~ond to: Procurement S~rvi_, 1 Courthouse Sq" Su~. 2300, Ki;lsimm.e,
1madrtlloseeola.ora FL 34741 PIoona; 4Q7-343c:l142 . Fax: 407-~130. . .
Bid Trtle; Sign Metenals .... Road Markings
."
il7S
48" x so yds.. black
Custom JengUltl (other than listed Glove)
TOTAL BID FOR GROUP 25 reldsndea priON):
Mfg./SIBnd Name: M an
t . ,~1'~ . 'I"
$690.00
$ 1. J.5
· 6900.00
N/A
-
Removable Vehicle Sheetins:
26.
Product # Highly dumle tla:xible. rill'l'\ovAble anelosed lens reflecUve Sheeting With
6BOCR-64 Gold oontroltac sd"uive deaigned for the prgducUon of multicolor vehicle ..
6BOCR-71. Yellow mliilrfdngs - gold. yeJlow, UgMt blue. lemon yaUow, r1Jby red and b'~
6S0CR-76 Lt. Blue 24" x 50 yds. S 77".36 $ 3097.44
48" X 60 ;.l.. 4 roils
6BOeR-S:I. Lemon. 'Ye110 CuS"oOm Jengthlwfdth (other than itz.ss listed ~ove) *, 4rolla S 1548.72 $ 6~94,BB
6SDCR-82 &tOy Red , parBq 1t . 2.561.2 N1A
GSOCll-B5 l3laok
TOTA~ BiO FOR GROUP 26 rexlended prlo..}: $ 9292.:!2
Mt'g.IBrand N8me: 3M ComPany/:!M
27. Durable Fh.ll:lrasce"t Orange Pr1smat;.; Rcfleotlve Sheetlns tortha Work Zona:
Product # Rettecfive sheeting, priSlmatle type, whl'l ptanl..U"e-einsltiVe adhesive I
bBQldng -lIuClre~lU;ent or.,nga.: S 1050.00
3512~ 12". 50 yd.. 21'011.0 $ 52.5.00
2.- x 50 yc:fs. 4 rolls S '1050 .00 $ 4200.00 .
35" x 50 \<Is. S rgllsl S 1575.00 $ 7675.00
48" x SO yds. S",u. $ 2:1.00.00 $ ""0,300_00
$
Cu.stCIm Iength,.WldUt (othertrl.1ln ,rzes Rs'/ad Bbove) , .. pe.sq ft S 3.50 NlA
TOTAL BID FO~ GROUP 27 rextBndod priON): S 23,625.00
Mfg.iBrand Name; 31'l COlIIplUlY/3lI
$ 35 8 6.79
26.
Prismatic, Ratrcraflectlve MsrJting$ fClr Vehlr:d_ CQnspl~l~
Product jJ.
Highly 1'&t1el;tive prismatic Jens Sheeting W'i'trl pl"8$sura-eensiUve adhesive
designed for tnJck 'ilnd tTaUar marklngs - redl'Nhite.:
2" x 50 ;.l.,
3- x 50 ydo.
4" x 50 yd'.
.5 roll.s
S"'""
5 ",lis
$ 80.00
$ ~20. 00
$ 160.00
$ 1000.00
$ 600.00
$ 800.00
963-32
TOTAL 610 FOil GROUP 28 rexlendld po"".):
MfqJBrand Nam,a: 311 Com 3M
$ 1BOO. 00
F2, THE FINAL SID SCHEDULE (extended prloN):
Total numbar of groups bid: l4
TOtal Bid Price for Group 1 ..."..."""...."'........""....."..."..................._.".........................",......"..........$
Total Bid Price for Group 2 .............:............................................................_.......................................$
Total Bid Pries for Group 3 ..."......................."""................."..."........................................................$
Toral Bid Price for Group 4 ...............................".............."........""".."..............................................:$
Total Bid ~ripe for Group 5 ....""...".""..........."......................."..".""".""......_...................................$
Total Bid Price for GrOlJ~ 6 "......"."...."..............................'.........."................................"".................$
Total Bid Price for Group 7 ",...........................".......,........"",....".......""."..,...................".................$
Total Bid Price for Gro~p a ."""....."..............,.,,,,,...,.,,.......,,.......................,.......................;................$
Total Bid Price for Group 9 ."""......"..............",,,,,.............,,,,.,,.,,,,,,,,..,,..................................... .........$
19 of 67
No ;Bid.
No .6td
No Bi.d.
No Sid
No S:td
No S:td
No Bid
No Sid
No Bid.
OCT. 18.2005 7:51AM
3M TCM
NO. 293
P. 14
Bid No. AIR#05-412-
Advartised Data: DeGl;[I1ber 5, 2004
Suyer: T.mrni Madison
trnad osceola.o '
Bid Ime: Sign Mat.rials & Road MarI(lnga
Total Bid Prlee for Group 10 ............................................,........::....................................................,.._.....$ No B10
Total Bid Price for Group 11 .......................................................~,.".................................................$ No B~d
Total Bid Price for Group 12 ....................................................'...:~.........................................................$ No Bid
Total Bid Price for Group 1~ ..........................................................................:........................................$ No Bid
Total Bid Price for Group 14 ..................................................................................:.....,.,...._.................$ 845 .~O
Tota/ Bid Price for Group 15 ................................................................................:..................................$ 1126.ao
Total Bid Prica for Group 16 ..............................................:...................................................................$ II ,500 .00
Totel Bid Price far Group 17 .................................................................................................................. $ 5265.00
Tots/Bid Price for Group 18 ................................................................................:............:.:.........;.......... $ 43,365';00
Total Bid Price far Group 19 ........................................................................................................:.:.........$ 77,525.55
Total Bid Price for Group 20 ....................................................................................................................$ S~75 .00'
Tctal Bid Price for Group 21 .....................................................1..............................................................$ No Btd
Total Bid Price for Group 22 ................................................................,...................................................$ ~o ,395.00
Total Bid Prioe far Group 2~ ....................................................................................................................$ 29,123.35
Total Bid Priee far Group 24 ............................................................................................................:.......$ 40,771.34
Total Bid Price for Group 25 ....................................................................................................................$ 35,836.79
Total Bid Price for Group 26 ...................................................................................................................:$ ~292.32
Total Bid Price for Group 27 .:..................................................................................................................$ U ,625.00
Total Bid Price for Group 28 ....................................................................................................................$ 1800.00'
NET BID PRiCe; $ 307,746.25
ItbiddsJ'is not the $UCC855tul blddGril5 Prime Supplier, will bidder be wiUing to olJel'Ve In;l SscondarySl,l~pJie.r@ capacityul"u:i'erthQ.:$lJometetm.!l and conditiom:
contained her.in?....4--yes._no.
To tho Purchasillg tJ'''o~r. By my Itlgnatura below VWe the IJnd~rsjgnsd r;ertJfy that this Sid i$ genuine, not collusive or meed6l in behalf ofanDth~ paf$on, firm
or ccrporatJon not ria.med haroin and that the undel'$lglJed hu notdiractly or (ndlfoc1Jy inducacJ or sollQ/tedany other bidde.rtosLlbmit a.shiU1l bid or any ov,s(
penion, f1tm or r;;crpotaticn to refrtl;n ftom bIdding and t.h:lr the under.$/glJed has not jn.lVlY manl'lt:t' $ought collusion to $~IJ~ himsilfan advantsgfJ ov....any
othar bidder. ~y siJbmftJal of this bld the undtrsign.a ~gta&8 to .blde by all tarms and cortd/tJons sat forth here.ill including but not limited j.o th&
spacificsUQ'ls, bId $ocurity, prompt contracting tJnd timely dtJUvtuY of tlJe serv(CO$ t1ndlor equipment to bo p1'Qcursd hareby_
Prompt P.~ent Discount: 0 % Cays
D;'CQullt for ptcmpt paymMt of 30 days or long", may be conwdered In EvaJwtion of Award.
I
Sjgna'tL&t8 of Authorized Repruerl'tative:
Oat.: 12 -2,3"04
nted Nama: De.nni.s J. Johnson
Ttde: Con~l"a.ct Spel;.i.alj."t:
ACKNOWl.EDGMENT IS HEREBY MADE OF RECeiPT OF ADDENDAISSUEll DURING; THE SOUCITATlON PERIOD:
ADDENDUM ~
THROUGH ACC~DUM;I,t
* Custom length ~olls pr1ced by ~peci&l Quo~a~io~ onlY~
Plaose canUte St. Paul ac ~"aOO-553-13aO:.Prompt 2.
20 of 67
AGENDA ITEM NUMBER: <t;L\...p
AGENDA REQUEST
Request to be placed on: Tuesday, October 25, 2005
Date: October 18, 2005
~ Consent Agenda _ Special Agenda _ Workshop Agenda
Description of agenda item:
Approve purchase award of sign materials and barricade tape materials for the City's Sign Shop
from 3M Traffic Safety Systems Division via the Osceola Board of County Commissioners Bid #
AiR #05-412- TM, Sign Materials and Quote #5JL0390TC from 3M Traffic Safety for the total
purchase amount of $15,166.60.
ORDINANCE/RESOLUTION REQUIRED:
Draft Attached:
YES
YES
NO
NO
Recommendation:
Approve award to 3M Traffic Safety Systems Division for the purchase of sign materials and
barricade tape materials for the total amount of $15,166.60. Pricing per the Osceola Board of
County Commissioners Bid # AiR #05-412- TM, Sign Materials, and Quote #5JL0390TC from 3M
Traffic Safety Systems Division.
Funding from account code: 001-3141-541-52-20. ()
Department Head Signature: .....). ~~ 11~
\
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all item~ inyolv!Dg expenditure of funds):
~ I ClI'""P<'
Funding available: ~_if:l n No
Funding alternatives:
(if applicable)
Account Number: t;o I 5fifl - slfj S- 2- "2 0
Account Description: (}UUI71.1 ~an~ ~p,,)/~
Account Balance:$. 2<1. <,-1./9.
,
City Manager Review:
Approved for agenda:&~ No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved
Disapproved
flTU (f';
Cti:>; ;.'? (~ .':"',
'"iMO:: neSt"~ c' <.-,
J:H'I....1"i t"I.,; j.i
OELRAY BEACH
~
A11-Amerlc. City
~ IIII!MEMORANDUM
1993
2001 TO:
David T. Harden, City Manager
FROM: Kerry B. Koen, Fire Chief
SUBJECT: Purchase of Replacement Paramedic Rescue Unit
DATE: October 19, 2005
The Fire-Rescue Department requests approval to purchase one (I) 2006 Horton
custom Rescue Transport Vehicle through Hall-Mark Fire Apparatus of Ocala, Florida by
utilizing a competitive bid executed by the Florida Sheriffs Association, Bid #05-06-
0823. This unit will replace a 1997 National Rescue Transport Vehicle which will be
used as a trade-in on this purchase. This purchase is part of our on-going fleet
replacement and modernization program.
The purchase price, including the trade-in deduction, is $203,488.06.
Attached you will find the proposal from Hall-Mark; a copy of the Florida Sheriffs
Association Base Bid, a spreadsheet identifying our added options and an Agenda
Request for City Commission action on October 25,2005.
v~ _~_l
Kerry B. Koen
fire Chief
CC: Asst. Chief John Tomaszewski
ML Richard Hasko
ML Kevin Rummel
Attachments: 4
I-i rV-- H~_-
,OJ'- t\( -:'--i ')F~IDl\ :334i~<1
'=6 L.:1
10/21/2005 13:56
3526293744
SUE ClJLVIN
PAGE 02
H
fir .
3431 NW 27th Avenue. Ocala, Florida 34475
Office: 352-629-6305. Fllx: 352-629-2018
Toll Free: 1-800-524-6072
RESCUE TRANSPORT PROPOSAL
DATE: October 21, 2005
This Proposal has been prepared for:
Chief Jobn Tomaszewski
City of Delray Beacb Fire Rescue
501 Atlantic A"e
Delray Beach, FL 33444
We propose to furnish to you one (I) or more 2006 Horton custom Rescue Transport Vehicles on a 2006
International 4400LP chassis, to be custom built and equipped in accordance with the requirements of the City
of Del ray Beach Fire Rescue Department. Vehicle to be purchased from Florida Sheriff's Association Bid # 05-
06-0823.
Delivery will be F.O.B. Delray Beach, FL and will be made approximately 240 calendar days after receipt of the
order at Hall-Mark Fire Apparatus in Ocala, FL. Terms of payment shall be cash on delivery (C.O.D.) unless
the purchaser elects to make II prepayment. Factory will offer pre-payment discount. Current prime rate
determines discount. Current rate as 10-21-05 Is 6.75%.
The current purchase price for the specified Rescue- Transport vehicle is 5208,069.94. This proposal shall expire
October 31, 2005, unless extended in writing.
This proposal is deemed acceptable by the undersigned. In witness whereof, The Company and the Purchaser
shall execute an agreement to this proposal with signatures from authorized representatives as of the date set
forth by each.
Base Price per Florida Sberiffs Association: $124,445.00
Options and upgrades per City Of Dell'llY Beacb: $ 83,798.00
Less Discount: S 173.06
Total price of Rescue Transport Vebicle: $208,069.94
.SO % Fee for Florida Sheriffs Association: $ 418.12
Less trade In of 1997 International, (National Ambulauee): -5,000.00
Total Price; 5203.488.06
Purchaser:
By:
By:
Bill Aim
Title: V.P .IGeneral Manaller
Title:
Date:
October 21. 2005
Date:
www.hall-markfire.com
E-Mail;info@haU-markfire.com
_tjE01Eg~
Q;-O;';IE~
Authorn:ed Dealer
FM
FLORIDA
\,~. ".,I..\Till'Ui
COT..:NTIES
All Aboul Florida
FLORIDA FIRE CHIEFS' ASSOCIATION,
FLORIDA SHERIFFS ASSOCIATION
& FLORIDA ASSOCIATION OF COUNTIES
2006 INTERNATIONAL 4400LP
Specification #02
(Type I Ambulance, 4x2 Medium Duty)
The Intemational 4400LP, Type I Ambulance purchased through this contract comes with all the
standard equipment as specified by the manufacturer for this model and FSA.s base vehicle
speclficatlon(s) requirements which are Included and made a part of this contract"s vehicle base
prtce as awarded by manufacturer by specification by zone.
ZONE:
BASE PRICE:
MANUFACTURER:
All Zones
$126.780.00
Elite Fire & Safety Equip., Inc.
All Zones
$137.138.00
Excellance, Inc.
ZONE:
BASE PRICE:
MANUFACTURER:
All Zones
$124,445,00
Hall-Mark Fire Apparatus, Inc.
All Zones
$131,310.00
Quality Emergency Vehicles, Inc.
ZONE:
BASE PRICE:
MANUFACTURER:
All Zones
$118,250.00
Ten-8 Fire Equipment, Inc.
All Zones
$106,698.00
Wheeled Coach Industrtes, Inc.
Purchasers are advised that the above referenced vehicle specification comes equipped as a base
unit only. The Flortda Fire Chiefs' Association, Flortda Shertffs Association and Flortda Association
of Counties have identified and equipped the base unit with those specifications and equipment
items required to meet KKK-A-1822E, or the most current revision for Type I Ambulance. Since
equipment needs and preferences are going to vary from agency to agency - any additional options
required or changes to the base unit desired by the purchaser shall be made through the manu-
facturer listed.
NOTE: An official listing of all add/delete options and their prtces should be obtained from the
appropriate vendor.
LEGEND FOR
DELETE/ADD OPTIONS
Every line will require aDOLLAR VALUE
or one of the following abbreviations:
Std. = manufacturer's standard equip.
Incl. = included with base specs.
NC = no additional charge
NA = not applicable to the vehicle
- option not bid bv vendor
Bid Award Announcement 105-06-0823)
31
'/
Base price on Sheriff's contract
International 4400LP $124,445.00
Added options to meet Delray requirements Option price
Upgraded engine/chassis options Extended cab, 285 hp, 9000 # front axle, 320 amp all. $17,153.00
Rear mud flaps $85.00
Front & rear dock bumpers $212.00
Extended Cab Modifications (roll up door compartments) For bunker gear storage $4,190.00
Diamond plate fuel tank covers Consistant w/ existing vehicles . $1,725.00
Camera System To reduce backing accidents $1,790.00
Shelf for vertical exterior compartment in 02 comp $139.00
Trailer Hitch $585.00
Streetside forward compartment modifications Pre-rigged spinal imobilization equipment $929.00
Streetside intermediate compartment modifications $189.00
Streets ide rear compartment modifications $189.00
Increase headroom 2" $310.00
Body lowered 6" from standard For easy side entrance - to match other side $1,030.00
Delete body molding $258.00
Customized conversion Accessories to match existing units (doors, windows, lighting) $5,639.00
Privacy glass on module windows $129.00
Diamond plate wheel well trim $301.00
Electric door locks compartments $361.00
Concealed door switch $127.00
Electric door locks wired to OEM switches $103.00
Recessed license plate bracket $129.00
Dri-Deck in exterior compartments $386.00
Lower body diamond plate trim $375.00
Paint stripe on bottom half of cab and body Two tone paint white over red $1,521.00
6" Scotchlite stripe $600.00
Clear plexiglass on interior cabinet doors $52.00
Custom no-stocked floor $103.00
Stainless steel risers in patient compartment $310.00
Stainless steel lower door panels $232.00
High back child safety seat with right hand armrest For pediatric transport $668.00
Lift up cabinet frames streetside $180.00
CPR seat drop down backrest $129.00
Storage beneath CPR seat $155.00
Custom sharpes waste storage at head of squad bench $450.00
Customize front wall cabinets $460.00
Upgraded interior accessories and trim Allows easier de-contamination $1,275.00
Custom led lightbars, front and rear Draw less amps than halogen $5,234.00
Led Light package Draw less amps than halogen $5,719.00
Upgraded siren $350.00
Remote control spotlight $450.00
charger/power supply $511.00
Additional 11 Ov outlets $176.00
Additional 12vdc interior outlets $114.00
Upgraded shorelines $991.00
Shoreline indicators $92.00
"~I
Special light programming $397.00
Additonal Report light $67.00
Aircraft style clock $160.00
Upgraded patient compartment lights $852.00
Streamliqht prewire $75.00
Generator 3.8KW Yanmar Diesel Generator - allows patient comp AC w/o vehicle running $4,800.00
Upgraded 12v NC Includes ultravioiet germicidal irradiation light $3,800.00
Power vents $330.00
Rooftop 11 OV NC with Aiuminum cover Needed in S. Florida to cool patient compo $2,250.00
Antenna & radio prewire $217.00
David Ciark Intercom system Aiiows communication from cab to pI. camp. & radio $3,727.00
Motorola Mobile Data Terminal Added to truck because it was cut from CIP budget $6,488.00
Additional 02 outlets $370.00
02 flowmeter $174.00
02 wrench $36.00
2 D style bottle mounts $398.00
SSCOR Aspirator $389.00
Lettering Package $1,564.00
Factory Pickup and delivery charge $1,598.00
.
total options $83,798.00
Total $208,243.00
Contract Total $208,069.94
Savinqs $173.06
Date: October 19.2005
AGENDA ITEM NUMBER: ~ L 1--
AGENDA REOUEST
Request to be placed on:
X Consent Agenda _ Regular Agenda _ Workshop Agenda _ Special Agenda
When: October 25. 2005
Description of agenda item (who, what, where, how much):
Approval to purchase one (1) 2006 Horton Custom Rescue Transport Vehicle for the Fire.
Rescue Department through Hall-Mark Fire Apparatus of Ocala. Florida in the amount of
$203.488.06.
Recommendation: Approve the recommended purchase.
Department Head Signature: '(~ n ,.
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: @NO Initials: LM.
Account Number )tJ /- 331 2. - ~q /. ? </- 2 ("
Description t-i.etW 'f eg /'up triM
Account Balance: $ 583,901),
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agenda: @ / No Initials: tfl1l\
Hold Until:
Agenda Coordinator Review:
Received:
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: fJI CITY MANAGER
SUBJECT: AGENDA ITEM # ~W\ - REGULAR MEETING OF NOVEMBER 1. 2005
CONFIRMATION IEMERGENCY RESOLUTIONS
DATE:
OCTOBER 28, 2005
This is before the Commission to confirm and ratify Emergency Resolutions B (including the revised
Resolution B), D and H pursuant to Chapter 95 of the City Code of Ordinances as a result of
Hurricane Wilma.
Recommend approval of the confirmation of the Emergency Resolutions B, D and H.
S:\City Clerk\agenda memos\Emergency Resolutions.1l.0t.OSS
RESOLUTION NO. B - HURRICANE WILMA
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, CONFIRMING A DECLARATION OF A STATE OF EMERGENCY, AND
AUTHORIZING THE SETTING OF A CURFEW AND DESIGNATING CERTAIN AREAS
OFF LIMITS.
WHEREAS, a State of Fmergency in the City of Delray Beach was proclaimed by David
Harden, City Manager on S ,tv, d <>-7 ' October ,;L3 ,2005.
WHEREAS, conditions arising from Hurricane Wilma will seriously affect the safety and
security of the lives and property of the citizens of the City of Delray Beach; and
WHEREAS, Chapter 95 of the City of Delray Beach Code of Ordinances authorizes the
declaration of a curfew and the designation of areas as off limits during a state of emergency.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. A declaration of a State of Emergency proclaimed on October7j , 2005 is hereby
confirmed.
Section 2. Hurricane Wilma has seriously affected and created conditions which threaten the
safety and security of the lives and property of the citizens of Delray Beach and thereby requires the
establishmel)t of a curfew throughout the City of Delray Beach, Florida between the hours of l:oo
p.m. and s: I~ 0 a.m. daily except peEsqnnel authorized by the Police or Fire Departments
effective 4-: +-;;- p.m./..i D>lMy ,October.z:.J...., 2005.
Section 3. This resolution shall take effect 7 :ODp.m., l'1DPd",":!. October;z1, 2005.
Section 4. All violations of the provisions of this resolution shall be subject to prosecution
under Section 95.99 of the Delray BeaGh Code of Ordinances.
CONFIRMED, APPROVED AND RATIFIED on this the
2005.
day of
MAYOR
ATTEST:
~Clerk. r
, .---r Id~
David Harden, City Manager
/~f!oc;- ~rf0 /)11.
Datt:lfTime
RESOLUTION NO. B - HURRICANE WILMA
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y
BEACH, FLORIDA, CONFIRMING A DECLARATION OF A STATE OF
EMERGENCY, AND AUTHORIZING THE SETTING OF A CURFEW AND
DESIGNATING CERTAIN AREAS OFF LIMITS.
WHEREAS, a State of Emergency in the City of Delray Beach, Florida, was proclaimed by
David T. Harden, City Manager on Sunday, October 23,2005.
WHEREAS, conditions arising from Hurricane Wilma will seriously affect the safety and
security of the lives and property of the citizens ofthe City of Delray Beach, Florida; and
WHEREAS, Chapter 95 of the City of Delray Beach Code of Ordinances authorizes the
declaration of a curfew and the designation of areas as offlimits during a State of Emergency.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AS FOLLOWS:
confirmed.
Section 1. A declaration of a State of Emergency proclaimed on October 23, 2005 is hereby
Section 2. Hurricane Wilma has seriously affected and created conditions which threaten the
safety and security of the lives and property of the citizens of Delray Beach, Florida, and thereby requires the
establishment of a curfew between the hours of 9:00 p.m. and 5:00 a.m. daily except personnel authorized by
the Police or Fire Departments effective 4:30 p.m., Thursday. October 27,2005.
Section 3. This resolution shall take effect at 9:00 p.m., Thursday. October 27, 2005.
Section 4. All violations of the provisions of this resolution shall be subject to prosecution under
Section 95.99 of the Delray Beach Code of Ordinances.
CONFIRMED, APPROVED AND RATIFIED on this the
,2005.
day of
MAYOR
ATTEST:
fb,.;J)y Clerk. (
- ---r: kJ~
David T. Harden, City Manager '
/Ub71os-
Date/Time'
1:3.0 P~'L
RESOLUTION NO. D - HURRICANE WILMA
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, CONFIRMING A DECLARATION OF A STATE OF EMERGENCY, AND
PROHIBITING THE SALE OF MERCHANDISE, GOODS OR SERVICES AT MORE
THAN THE AVERAGE RETAIL PRICE.
WHEREAS, a State of Emergency in the City of Delray Beach was proclaimed by the City
Manager, David Harden on Sunday, October 23, 2005 due to Hurricane Wilma.
WHEREAS, Hurricane Wilma threatens the stability, economy and civil order of the City of
Delray Beach and its citizens; and
WHEREAS, charging more than the average retail price under existing conditions is an attempt
to profit from the misfortune of others and can lead to civil strife, to inequities in the distribution of
essential materials such as foodstuffs, ice, fuel, and other vital necessities, and to a greater loss of
the sense of hope and well being so basic to a speedy recovery and restoration of the community;
and
WHEREAS, Chapter 95 of the City of Delray Beach Code of Ordinances authorizes this
prohibition of the sale of merchandise, goods or services at more than the average retail price during
a state of emergency.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. A declaration of a State of Emergency proclaimed on October 23, 2005 is hereby
confirmed.
Section 2. Hurricane Wilma has seriously affected the lives and property of the citizens of
Delray Beach and conditions arising therefrom threaten to create shortages of essential goods and
services which are needed to sustain the physical well being, economic stability and public order of
the City of Delray Beach and its citizens.
Section 3. No person or business entity offering goods or services for sale within the City of
Delray Beach shall charge more than the average retail price as defined by Section 95.01 (B),
Chapter 95, Code of Ordinances, during the period of the declared emergency.
Section 4. All violations of the provisions of this resolution shall be subject to prosecution
under Section 95.99 of the Delray Beach Code of Ordinances.
Section 5. The regulation and control of retail prices within the City of Delray Beach shall
remain in effect until competent authority declares the state of emergency to be terminated, or this
resolution is revised or rescinded.
#
Section 6. This resolution shall take effect at z.:f:1J p.m. on ~, October ~, 2005.
CONFIRMED, APPROVED AND RATIFI~ d~'",," bl2r ,2005,
MAYOR
ATTEST:
~r'. City Clerk
~_L.,_M'
David Harden, City Manager
Icnffos- q;:=pM....
DatefTime
2
RES.NO.D
RESOLUTION NO. H - HURRICANE WILMA
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, RELATING TO EMERGENCY MANAGEMENT; CONFIRMING A
DECLARATION OF A STATE OF EMERGENCY; AUTHORIZING EMERGENCY
PURCHASING AND PROCUREMENT PROCEDURES AND SUSPENDING CERTAIN
CITY CODES, RULES AND REGULATIONS RELATING TO PURCHASING AND
PROCUREMENT; THIS RESOLUTION SHALL BE VALID FOR THIRTY (30) DAYS
AND AUTOMATICALLY RENEWED EVERY THIRTY (30) DAYS UNTIL FURTHER
ACTION BY THE CITY COMMISSION.
WHEREAS, a State of Emergency in the City of Delray Beach was proclaimed by David
Harden, City Manager on 4-' October a 2005 due to Hurricane Wilma; and
WHEREAS, it is expected that Hurricane Wilma will cause extensive damage to public and
private property within the City of Delray Beach; and
WHEREAS, the procurement of emergency supplies, goods and services is necessary as is
the expeditious restoration of property to pre-existing conditions is vital to enable the re-establishment
of public activity; and
WHEREAS, adherence to certain local ordinances, rules and regulations establishing
purchasing and procurement procedures can delay the process handling the emergency of restoring
public facilities to conditions existing prior to the emergency; and
WHEREAS, Chapter 95 of the City of Delray Beach Code of Ordinances authorizes the
enactment of emergency procurement procedures during a State of Emergency.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The recitals and findings contained in the preamble to this resolution are hereby
adopted by reference thereto and incorporated herein, as if fully set forth in this section.
Section 2. A declaration of a State of Emergency proclaimed on <;"~~\I ,October~,
2005 is hereby confirmed. ~
Section 3. Hurricane Wilma is expected to cause damage to numerous properties,
rendering them unsafe or marginally habitable.
Section 4. The emergency will cause disruption and damage to roads, streets and other public
facilities and thoroughfares.
.;
Section 5. It is necessary to eliminate immediate threats to the life, health and safety of
residents and employees, and eliminate immediate threats to undamaged property, as well as ensure
economic recovery to the City and the community.
Section 6. A valid public emergency exists justifying the waiver of formal competitive sealed
bids and competitive selection procedures for the acquisition of such services, equipment, goods
and/or materials, as may be required for burden relief and disaster assistance.
Section 7. By an affirmative vote of 4/5ths of the members of the City Commission, formal
competitive sealed bid procedures for the procurement of services, equipment, goods and/or
materials for the purpose of eliminating immediate threats to the life, health and safety of residents
and employees and to eliminate immediate threats to undamaged property, as well as ensure
economic recovery to the City and the community, are hereby waived.
Section 8. The City Manager is hereby authorized to utilize City forces to participate in the
burden, relief and disaster assistance as may be required.
Section 9. The City Manager is hereby authorized to: accept the most reasonable, responsive
and responsible bid or quote (for necessary improvements, services, equipment, goods and/or
materials associated with said burden relief and disaster assistance) and to execute the necessary
purchase order(s), agreements, service authorizations, or change orders in a form acceptable to the
City Attorney.
Section 10. The City Commission hereby ratifies, approves and confirms the City Manager's
previous expenditure of monies for contracts and awards in conjunction with the burden relief and
disaster assistance.
Section 11. The City Manager is hereby authorized to execute agreement(s), service
authorization(s), change order(s) and/or purchase orders for acquisition of such services, equipment,
goods and/or materials, as may be required for burden relief and disaster assistance.
Section 12. The City Manager is hereby permitted to proceed without express City
Commission approval, execution of such purchase orders, contracts, service authorizations, change
orders, and agreements and in his expenditures of monies for the aforesaid, in conjunction with said
burden relief and disaster assistance where such expenditure of monies for any contract and/or
award in connection therewith, does not exceed $150,000.00.
Section 13. The City Manager is instructed to submit to each City Commissioner a copy of
each contract, agreement, purchase order, service authorization, or change order issued pursuant to
this resolution on the same day said contract or purchase order is executed by him.
Section 14. The emergency renders it necessary to suspend local ordinances, rules and
regulations dealing with purchasing and procurement.
2
RES. NO. H
-1'
~
Section 15. This resolution shall be valid for thirty (30) days and automatically renewed every
thirty (30) days until further action by the City Commission.
Section 16. That this resolution shall take effect immediately upon the declaration of the
Emergency.
CONFIRMED, APPROVED and RATIFIED ~ f - rJlJy of J)ClIlel'Y'l}.,pr
2005. ~~ ~
MAYOR
ATTEST'
...J
~r'. City Clerk
~/)
David Harden, City Manager
~
'DI2~{O'5' BpV'f\
DatefTime
3
RES. NO. H
[IT' DF DELRR' BER[H
RECEIVED
on 3 I 2005
CITY MANAGER
O/(
.oH
CITY ATTORNEY'S OFFICE
2011 ~\V hi AVll\l.E. DEfRAY BEACH. FLORIDA 33444
TI:lT.PI[()!\;E: _"hl./2U-70\)O. F-\CSli\IILE: .'i61/27k-475S
DELRA Y BEACH
~
Ail-America City
Writer's Direct Line: 561/243-7091
~ III I! DATE:
MEMORANDUM
October 31, 2005
1993
2001
TO:
FROM:
City Commission
David Harden, City Manager
f\.- --::=:::-
Brian Shutt, Assistant City Attorney
SUBJECT: Amendment to the Disaster Recovery Contract with D&J Enterprises
The attached amendment increases the unit price per cubic yard for debris hauled
by D&J to a disposal site from $4.80 per cubic yard to $8.00 per cubic yard. This
increase is necessary to bring the rates up to the current local market rate and
allow the contractor to obtain subcontractors in order to haul the debris.
Our office requests that this item be placed on the November 1, 2005 City
Commission agenda. Please call if you have any questions.
Attachment
cc: Chevelle Nubin, City Clerk
Joe Safford, Finance Director
~~
AMENDMENT NO.2 TO THE AGREEMENT
FOR DISASTER RECOVERY SERVICES WITH D&J ENTERPRISES INC.
THIS AMENDMENT NO.2 to the Agreement dated August 9, 2004 is entered into this
day of , 2005, by and between the City of Delray Beach, located in
Palm Beach County, Florida, a Florida municipal corporation ("the CITY") and D&J
Enterprises, Inc. ("CONTRACTOR").
WITNESSETH:
WHEREAS, the Agreement dated August 9, 2004 between the parties (hereinafter
called, ''the Agreement"), contained in Exhibit "B", Part A, No. I a unit price for hauling debris
to a disposal facility; and,
WHEREAS, the amount listed in the Agreement is well below current local market
conditions for debris removal and the CONTRACTOR requests that this Agreement be
amended to reflect an amount that is current with the local market conditions; and,
WHEREAS, the CITY agrees to change the unit price listed under the above stated
section of the Agreement.
NOW, THEREFORE, in consideration of the promises and covenants set forth herein,
and the good and valuable consideration as provided for herein, the parties agree as follows:
1. Recitations. That the recitations set forth above are hereby incorporated as if
fully set forth herein.
2. Revision. Exhibit "B", Part A, No.1 to the Agreement is hereby revised and
modified to provide for a change in the unit price from $4.80 to $8.00, and is hereby
incorporated into the Agreement as if fully set forth herein.
3. Full Force and Effect. All other terms and conditions of the Agreement not
expressly modified by this Amendment No.1 thereto remain in full force and effect.
ATTEST:
CITY OF DELRA Y BEACH, FLORIDA
By:
City Clerk
By:
Jeff Perlman, Mayor
Approved as to Form:
By:
City Attorney
WITNESS:
D&J ENTERPRISES, INC.
By:
Name Printed:
Title:
(print or type name)
(SEAL)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
, 2005 by
of
, a
corporation, on
behalf of the corporation. He/She is personally known to me/or has produced
(as identification).
Signature of Notary Public
2
FROM:
.. . . .>~i~;!~~M1iIIi~~I~~mj;j~~!~"~.;~[iJi~~i~il4;i!;>; .'. ..
D~YR9~~' ~~ MANAGER "
PAUL DORLlN~~~TOR OF ~9' AND ZONING
JAMES G. CAIN, SENIOR PLANN~""""'" :)J, c.:-
MEETING OF OCTOBER 25, 2005
CONDITIONAL USE REQUEST TO ALLOW THE ESTABLISHMENT OF A
CHARTER SCHOOL WITHIN THE PC (PLANNED COMMERCIAL) ZONING
DISTRICT FOR LIFE SKILLS CENTER, LOCATED WITHIN THE LAKE IDA
SHOPPING CENTER AT THE SOUTHWEST CORNER OF LAKE IDA ROAD
AND CONGRESS AVENUE
~
II .
II
i':">,''!ii>;h
TO:
THRU:
SUBJECT:
II
PROJECT DESCRIPTioN ;.
'11
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The conditional use request is to allow a Private Charter School in a 6,153 square feet retail bay
at the Lake Ida Shopping Plaza located at the Southwest corner of Lake Ida Road and Congress
Avenue. The development will utilize an existing 5,500 square foot outdoor play area and drop off
area developed for the previous tenant (Paladin Academy School).
The applicant has provided the following narrative which further explains the request:
"The Life Skills Center ("Center'? is a Charter School. It is a computer based school for
students ages 16-22 to earn their high school diploma and is funded through a chartering
agreement through the Palm Beach County School District. The Center does not charge
tuition and is open to all students who meet age and other enrollment parameters."
"The total number of students inside the Center at any given time is expected to be in the
60-80 range. We plan to have two computer based classrooms with approximately 25
computers each and two offline (standard seating) classrooms with seating for 12-15
students. The great majority (60-80%) of students will be accessing the Center via public
transportation or by getting dropped off. In fact, there is a bus stop at the NW corner of
Lake Ida and Congress Avenue which we expect will be used by many students. There will
be a private security guard onsite to ensure there is no lingering outside the Center and
that the students are behaving and not negatively affecting the shopping plaza."
"The idea behind the Center is to give students a second chance through computer-aided
learning and career and academic planning that gives students a sense of direction. "
Pursuant to LOR Section 4.4.12 (D) (3) Private Schools and other similar educational facilities are
allowed in the PC (Planned Commercial) District as a conditional use.
II
7 ~ ......"..".... ,.... ..',.. "".~.. .. .... ~ ~
PLAfJNING ANDZONINS I!:lOARa CONSIDERATiON . H.
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.
At its meeting of September 19, 2005, the Planning and Zoning Board held a public hearing in
conjunction with the request and no one from the public spoke. After discussing the proposal, the
Board unanimously voted 7-0 to recommend approval. The recommendation for approval
included the following conditions:
1. That the maximum number of students on site at anyone time will not exceed 100.
9/\
City Commission Documentation
Life Skills Center
October 25, 2005
2. That the school has a security guard on site when the School is open including one hour
prior to class and up to a maximum of one hour after class.
The Planning and Zoning Board also recommend to the City Commission the approval of two
waivers to LDR Section 4.3.3(HHH) (3), to (1) Allow for the reduction of the minimum outdoor play
area from the required 75 sq. ft. per student to 68.75 sq. ft. per student, and (2) allow for a
reduction in the height of the hedge on the south side of the play area from 6' to 2' to allow for
visibility from the school.
II
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By motions approve the Conditional Use request and associated waivers for a Private Charter
School for Life Skills Center based upon positive findings with respect to Chapter 3
(Performance Standards), Section 2.4.5(E)(5) (Conditional Use Findings) of the Land
Development Regulations, Section 2.4.7 (B) (5) (Waivers), and the Goals, Objectives and Policies
of the Comprehensive Plan, subject to the following conditions:
1. That the maximum number of students on site at anyone time will not exceed 100.
2. That the school has a security guard on site when the School is open including one hour prior
to class and up to a maximum of one hour after class.
Attachment: P&Z Staff Report and Documentation of September 19, 2005
2
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT ---
September 19, 2005
IV.E.
Conditional Use Request to Allow the Establishment of a private charter
school to be Known as Atlantic Life Skills Center within the Lake Ida Shopping
Center (600 Congress Avenue).
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Owner......................................... EBJ Holdings, LLC.
Agent.................................... Weiner & Aronson, P.A.
Applicant..................................... White Hat Management
Location...................................... Lake Ida Shopping Center
(600 Congress Avenue)
Property Size.............................. 6,153 Square Feet
Future Land Use Map................ GC (General Commercial)
Current Zoning............................ PC (Planned Commercial)
Adjacent Zoning................North: CF (Community Facilities)
POC (Planned Office Center)
East: PCC (Planned Commerce
Center)
South: RM-8 (Medium Density
Residential-eight units per
acre)
West: RM-8 (Medium Density
Residential-eight units per
acre)
Existing Land Use...................... Vacant bay
Proposed Land Use.................... Private School, ages 16-22
Water Service............................. Existing on site.
Sewer Service............................. Existing on site.
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NOVA-
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CONGRESS
A VENUE
-"UTO CENT[R
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IV_E.
The action before the Board is making a recommendation to the City Commission on a request
for Conditional Use approval to allow Private schools and other similar educational facilities for
Life Skills Center in the PC (Planned Commercial) zoning district, pursuant to LDR Section
2.4.5(E).
Pursuant to Section 2.2.2(E)(6) of the Land Development Regulations, the Planning and Zoning
Board shall review and make a recommendation to the City Commission with respect to
establishing a conditional use on any properly within the City.
:","."~~'}i;L. ' _'_":~' ',.-" ':'.~: "~,,. ',. _ _..' ~u, _... '
The subject property involves the Lake Ida Shopping Plaza which was annexed into the City in
1988 via Ordinance 125-88. The properly is located at the southwest corner of Congress
Avenue and Lake Ida Road and contains 8 acres. The property was zoned GC (General
Commercial) until it was rezoned to PC (Planned Commercial) with the Citywide rezonings
associated with the approval of the Land Development Regulations in 1990.
At its meeting of September 23, 1997, the City Commission approved a Conditional Use to
establish a day care center in three of the bays located south of the former Winn Dixie building,
and the associated non-impacting site plan modification (Class I) was approved
administratively.
At its meeting of June 18, 2002, the City Commission approved a Land Development
Regulation text amendment to allow Private schools and other similar educational facilities as a
conditional use in the PC zoning district.
At its meeting of July 15, 2002, the Planning and Zoning Board voted to recommend approval
of the Paladin Academy private school as a conditional use. The recommendation for approval
included a waiver from the minimum outdoor play area requirement and conditions as follows:
1. That a site plan modification application was to be submitted for the improvements
associated with the conditional use.
2. That the maximum enrollment of the school would not exceed 100 students.
3. That a photometric plan was to be submitted with the site plan modification that
demonstrated compliance with the City's illumination standards.
4. That a maximum of 25 students were allowed in the outdoor play area at a time. (This
restriction was volunteered by the applicant and incorporated by the Board).
At its meeting of August 6, 2002, the City Commission approved the waiver from the minimum
outdoor play area requirement and conditional use request for a private school for Paladin
Academy.
Planning & Zoning Staff Report - September 19, 2005
Conditional Use to Allow a Private School and Other Similar Education Facilities
The conditional use request to allow a private school is associated with the re-use of a previous
private educational facility in the same location along the north side of the lake Ida Shopping
Plaza and includes the following:
. Re-use of the existing 6,153 square feet of building area as a school facility.
. Limited re-use of the existing 5,500 square feet of outdoor play area.
. Re-use of the drop-off area along the east side of the school.
The Paladin Academy School was originally built for a capacity of 100 students and a
maximum of 12 employees. The following narrative of the request has been provided by
the applicant;
"The Life Skills Center ("Center") is a Charter School. It is a computer based school for
students ages 16-22 to earn their high school diploma and is funded through a
chartering agreement through the Palm Beach County School District. The Center does
not charge tuition and is open to all students who meet age and other enrollment
parameters. "
"The total number of students inside the Center at any given time is expected to be in
the 60-80 range. We plan to have two computer based classrooms with approximately 25
computers each and two offline (standard seating) classrooms with seating for 12-15
students. The great majority (60-80%) of students will be accessing the Center via public
transportation or by getting dropped off. In fact, there is a bus stop at the NW corner of
Lake Ida and Congress Avenue which we expect will be used by many students. There
will be a private security guard onsite to ensure there ;s no lingering outside the Center
and that the students are behaving and not negatively affecting the shopping plaza."
"The idea behind the Center is to give students a second chance through computer-
aided learning and career and academic planning that gives students a sense of
direction. "
REQUIRED FINDINGS:
lOR (Chapter 31 PERFORMANCE STANDARDS:
Pursuant to Section 3.1.1 (Required Findings), prior to approval of land Use
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, written materials
submitted by the applicant, the staff report, or minutes. Findings shall be made by the
body which has the authority to approve or deny the development application. These
findings relate to the Future land Use Map, Concurrency, Comprehensive Plan
Consistency, and Compliance with the land Development Regulations.
2
Planning & Zoning Staff Report - September 19, 2005
Conditional Use to Allow a Private School and Other Similar Education Facilities
FUTURE LAND USE MAP:
The resulting use of land or structures must be allowed in the zoning district within
which the land is situated and said zoning must be consistent with the applicable land
use designation as shown on the Future Land Use Map.
Pursuant to LDR Section 4.4.12(D)(3), private schools and other similar educational facilities
are allowed as a conditional use within the PC zoning district. The proposed PC zoning district
is consistent with the current FLUM designation of GC (General Commercial). Thus, positive
findings can be made regarding consistency with the FLUM and zoning designations.
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 proposed re-use of the vacant bays for a similar private school does not affect the previous
findings of concurrency for this property since the concurrency review was based on a similar
use. Thus, positive findings can be reaffirmed at this time with regard to concurrency for all
services and facilities.
CONSISTENCY: Compliance with performance 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.
There are several Objectives and policies that address education within the City, which
generally apply to public education.
Policv 8-1.4 from the City of Delray Beach Comprehensive Plan states that the City shall
encourage the location of schools proximate to urban residential areas by:
. Assisting the School District in identifying funding and/or construction oppqrtunities
(including developer participation or City of Delray Beach capital budget expenditures) for
sidewalks, traffic signalization, access, water, sewer, drainage and other infrastructure
improvements;
. Providing for the review for all school sites as indicated in Policy B-1.1; and,
. Allowing schools as permitted uses within all urban residential land use categories.
Although the Life Skills Center site is proposed to be located in a Commercial shopping plaza it
is located near several residentially zoned areas to the north, south, and west which include
several single and multi-family residential subdivisions. (Water's Edge, Coral Trace, Rainberry
Lake, Rainberry Bay, and The Pines of Delray North). Therefore, the proposed location of the
school is consistent with the Comprehensive Plan policy to locate schools near residential
areas.
Policy 8-2.5 of the Comprehensive Plan further states that the City of Delray Beach shall
advise the School District of a proposed public school site's consistency with the City of Delray
3
Planning & Zoning Staff Report - September 19, 2005
Conditional Use to Allow a Private School and Other Similar Education Facilities
Beach's Comprehensive Plan and Land Development Regulations, including the availability of
necessary public infrastructure to support the development of the site.
Although this is proposed as a private school it is to be funded through a chartering agreement
with the Palm Beach County School District and can thus be found to advance public education
goals by supplementing the public school system by providing education services to students
with special needs. Much like the public education system there is to be no tuition charged to
students.
SECTION 2.4.5/EI 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 border the property:
Direction ZoninQ
North CF & POC
South & West RM-8
East PCC
Uses
Residential and Office
Residential
Vacant
The proposed development is located within the existing Lake Ida Shopping Center. The
proposed use will be located within the northern portion of this center. There have been no
known conflicts between the existing shopping center and adjacent properties. There will be no
anticipated conflicts created between this site and the use of adjacent properties.
The Rainberry Lakes recreation facilities are located on the north side of Lake Ida Road,
therefore the school's facilities will be located approximately 400' from the nearest residential
units within that development. With respect to the Water's Edge apartment complex on the
west side of the property, the nearest apartment building is located approximately 250 feet from
the proposed playground area and is separated by landscaping and an open space area. It is
further noted that utilization of the outside playground is not part of the Charter school's
curriculum and it will be rarely used. Based on the above, a positive finding can be made that
the proposed conditional use will not have a detrimental affect on the neighborhood or hinder
development of nearby properties.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
Pursuant to LOR Section 2.4.5(E) (4) a site/sketch plan submittal has been received and
reviewed by staff. The plan has been found to be in compliance with the Land
Development Regulations.
Private schools are allowed in the Planned Commercial (PC) Zoning District as conditional uses
per Land Development Regulation (LOR) Section 4.3.3 (HHH) subject to the following
requirements:
4
Planning & Zoning Staff Report - September 19, 2005
Conditional Use to Allow a Private School and Other Similar Education Facilities
(HHH) Private Schools and Other Similar Education Facilities:
[Amd. Ord. 18-02 6/18/02]
(1 ) Floor Area: Facilities shall contain a minimum floor area of 35 square feet of indoor floor
area per child, exclusive of space devoted to bathrooms, halls, kitchen, offices, and storage.
[Amd. Ord. 18-02 6/18/02]
Given the proposed student capacity (60-80 students), the school meets and exceeds this
requirement. (80' 35=2800 Square Feet required, 6153 Square Feet provided)
(2) LoadinQ Area: A pickup and drop-off area for children shall be provided in a convenient
area adjacent to the building and shall provide clear ingress and egress to the building. A
minimum of a 100' dedicated vehicular drop-off/pick-up lane shall be provided. The stacking
area is measured from the loading area and shall not block drive-aisles or parking areas. A
greater distance may be required by the approving body based on the intensity of the Private
School. A lesser stacking distance may be approved by the Board based on a traffic impact
statement. Pathways that cross vehicular use areas shall be defined by special pavings, brick,
striping or other method acceptable to the Board. [Amd. Ord. 18-02 6/18/02] .
The pick-up and drop-off area will remain the same as was approved for the Paladin Academy
and meets the above requirements.
(3) Outdoor Area: There shall be a minimum area of 75 square feet of outdoor play area per
student. The play area shall be located on the same lot as the principal use and shall not be
located in the front yard setback. The play area shall be surrounded by a 6'-high opaque fence
or chain link fence with a 6'-high hedge. Outdoor play areas shall meet the minimum setbacks
in the PC zoning district per LDR Section 4.3.4(K). Relief from this requirement shall only be
granted by the City Commission through the waiver process [Section 2.4.7(B)]. [Amd. Ord. 18-
02 6/18/02]
A waiver of the required 75 square feet of outdoor play area per student was granted by the
City Commission for Paladin Academy.
The applicant for the Life Skills Center is retaining the existing 5,500 square foot outdoor area
at the Southwest portion of the school site even though it is anticipated that the students aged
16-22 years will not use this area as a play area. Further, the school curriculum does not
include a recreation component. The area will be utilized as a waiting area for students to be
picked up and will be monitored by the security guards to ensure safety.
The applicant has submitted a waiver request to reduce the required play area from 6,000 sq.
ft. to 5,000 sq. ft. based on the school's curriculum (reduced from 75 sq. ft. to 68.75 sq. ft. per
student) and t reduce the 6' hedge requirement around the play area to 2' on the south side to
allow for visibility of the area from the school.
Waiver Analysis:
Pursuant to LDR Section 2.4.7(B) (5), prior to granting a waiver, the approving body shall make
a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
5
Planning & Zoning Staff Report - September 19, 2005
Conditional Use to Allow a Private School and Other Similar Education Facilities
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; or,
(d) Does not result in the grant of a special privilege in that the same waiver would be granted
under similar circumstances on other properly for another applicant or owner.
The applicant has provided the following justification for the proposed waiver:
1. The primary focus of the Life Skills Center is to provide students ages 16-22 a second
chance to earn their high school diploma through computer aided learning and
career/academic planning. The curriculum will not focus on outdoor recreational activities
but on inside coursework.
2. Additionally, all students will not be outside in the open space at one time. The only time
they are anticipated to be in the outside area is while waiting to be picked up after school.
A security guard will be present to prevent any negative activity or loitering. .
With respect to the hedge height; the waiver is supported in that the impact will be to the interior
of the center and safety concerns dictate visibility to the play area from the school. The 6'-high
hedge must be maintained along the north, east and west sides of the outdoor play area, as
these sides are visible from the public right-of-way. The waiver will not affect the delivery of
public services, and will not create an unsafe situation with respect to public safety. Similar
circumstances on other properties would lead to the same conclusion. Consequently, a positive
finding with respect to LOR Section 2.4.7(B) (5), Waiver Findings can be made.
(4) Transport Vehicles: For private schools that utilize transport vehicles, an area must be
designated for the parking/storage of these vehicles and that these areas be screened when
visible from a public right-of-way or residentially zoned properly in accordance with LOR Section
4.6.4(A) and 4.6.16(H)(3)(e). [Amd. Ord. 18-02 6/18/02]
The applicant has indicated that two vans will be used to transport students and that they will be
parked along the west side of the plaza. These spaces will not be visible from Lake Ida Road
and will be buffered from Waters Edge Apartments by the Lake Ida Plaza perimeter
landscaping which consists of Mahogany trees, Black Olive trees. Further, a Cocoplum hedge
exists on the Waters Edge side of the perimeter fence which provides adequate visual
screening.
The applicant states they will not be changing this situation from the previous conditional use
approval.
(5) Other Reaulations: All Private Schools and Similar Facilities shall comply with the
American Disability Act (ADA), Standard Building Code, Fire Codes, and any other regulations
in?uding Slate and County regulations as may be required. [Amd. Ord. 18-02 6/18/02]
Parkina:
Pursuant to Land Development Regulation (LOR) Section 4.6.9(C) (3) (e), the parking required
for the shopping center is 4 spaces per 1,000 square feet of gross floor area. The existing
79,776 square foot shopping center has a total of 341 parking spaces.
The Life Skills Center area has 33 existing parking spaces, ten of which are reserved for
employees, for a building with a gross floor area of 6,153 square feet.
6
Planning & Zoning Staff Report - September 19, 2005
Conditional Use to Allow a Private School and Other Similar Education Facilities
The applicant has indicated that only 10% of the students at the other Life Skills Center School
in Florida drive to school. With a maximum of 80 students 10% would equate to 8 students plus
the 11 employees using the parking spaces. The Center will provide complimentary Palm Tran
bus passes to each student and the balance of those students are anticipated to utilize this
mode of transportation given the convenience of a bus stop at Lake Ida Road and Congress
Avenue.
Liahtina:
A photometric plan was submitted and approved by SPRAB with the Class 2 Site Plan
modification submitted on August 22, 2002. No revision is required at this time.
Perimeter Landscapina:
Perimeter landscaping along the west side of the shopping center consists of established live
oak trees. The Waters Edge Apartments provides a substantial
landscape buffer along the east side of its development that consists of existing Slash Pine
trees under planted with Wax Myrtle and Fire Bush. The existing mature landscaping provides
a substantial screening that buffers the shopping center from the adjacent apartment complex.
The applicant is required to replace all dead or missing trees, shrubs and ground cover as per
the most current approved landscape plan of record (prior to a Certificate of Occupancy being
issued). Complete landscape maintenance is required (pruning, edging, mulching, fertilizing,
weeding, etc.). The most current plan is listed as SP 2003-054 in the Planning and Zoning files.
The entire site, including the Center and both sides of the entry in from Lake Ida Road, has
greatly deteriorated and must be restored. All prohibited plant species including but not limited
to Brazilian Pepper, Australian Pine, and Earleaf Acacia shall be completely removed and
provisions made that these invasive plants never return. The applicant shall resod all areas
throughout the site including the right-of-way area (utility strip) adjacent to Lake Ida Road. The
only change required is to completely sod the playground which is currently mulched. The
mulch and weeds must be removed prior to laying the sod. The irrigation system must be
functional and provide 100% coverage to all landscaped areas, including the right-of-way
adjacent to lake Ida Road. A copy of the aforementioned landscape plan shall be part of the
submittal.
Student Capacity:
(6) Private school facilities shall be limited to a maximum of 100 students when located in the
PC district. [Amd. Ord.18-Q2 6/18/02]
The total number of students inside the facility at any given time will be between 60-80
students. The Center plans to have seating for two labs with 33 computer terminals per lab and
12-15 off-line class seats. The school day will be broken down into three four hour sessions:
(1) 8:00 a.m.-12 p.m.
(2) 10:30 a.m.-2:30 p.m.
(3) 1 :30 p.m.-5:30 p.m.
A possible fourth night session from 4:30 p.m. to 8:30 p.m. may be added in the future.
The limit of 100 students is attached as a condition of approval per Section 4.3.3 (HHH) (6).
7
Planning & Zoning Staff Report - September 19, 2005
Conditional Use to Allow a Private School and Other Similar Education Facilities
The subject property is not in a geographical area requiring review by the CRA (Community
Redevelopment Agency), DDA (Downtown Development Authority) or HPB (Historic
Preservation Board).
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
. President's Council
. Chamber of Commerce
. PROD
. Rainberry Lakes Homes
. Delray Shores
. Chatelaine
. Rainberry Lakes Villas
. Pines of Delray North
. Rainberry Bay
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Letters of support and objection, if any, will be presented at the Planning and Zoning
Board meeting.
The proposed Conditional Use to allow a Private School will allow more diverse educational
options within the City of Delray Beach. Positive findings can be made with respect to Chapter
3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land
Development Regulations, and the Goals, Objectives, and Policies of the Comprehensive Plan
and Section 2.4.7(B)(5) Waiver Findings. Therefore, the proposed Conditional Use can be
recommended for approval based on the findings outlined in this report.
A. Continue with direction.
B. Recommend approval of the Conditional Use request for a Private School for Life Skills
Center based upon positive findings with respect to Chapter 3 (Performance
Standards), Section 2.4.5(E)(5) (Conditional Use Findings) and the Goals, Objectives
and Policies of the Comprehensive Plan subject to conditions.
C. Recommend denial of the Conditional Use request to for a Private School for Life Skills
Center based upon a failure to make positive findings with respect to Chapter 3
(Performance Standards), Section 2.4.5(E)(5) (Conditional Use Findings), and Section
2.4.7(B)(5) (Waiver Findings) of the Land Development Regulations.
8
Planning & Zoning Staff Report - September 19, 2005
Conditional Use to Allow a Private School and Other Similar Education Facilities
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By Separate Motions:
Conditional Use:
Recommend to the City Commission approval of the Conditional Use request for a Private
School for Life Skills Center based upon positive findings with respect to Chapter 3
(Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land
Development Regulations, and the Goals, Objectives and Policies of the Comprehensive Plan,
subject to the following condition:
1. That the maximum enrollment of the school can not exceed 100 students.
Waiver Reauest:
Recommend to the City Commission: Approval of two waivers to LDR Section 4.3.3(HHH) (3),
to (1) Allow for the reduction of the minimum outdoor play area from the required 75 sq. fl. per
student to 68.75 sq. fl. per student, and (2) allow reduction in the height of the hedge around
the play area (south side), from 6'to 2'.
Attachments:
. Conceptual Plan
. Location Map
. Aerial Map
Report prepared by: Jim Cain, Senior Planner
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PLANNING & ZONING DEPARTUENT
-- DIGITAL BASE MAP SYSTEM --
MAP REF: LM870
FROM:
CITY COMMISSION DOCUMENTATION
DAV~D
PAUL DORLlNG, DIR OR OF PLANNING AND ZONING
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TO:
SUBJECT: MEETING OF OCTOBER 25,2005
CONDITIONAL USE REQUEST TO ESTABLISH A PRIVATE SCHOOL TO BE
KNOWN AS TOUSSAINT L'OUVERTURE HIGH SCHOOL FOR ARTS AND
SOCIAL JUSTICE IN THE PC (PLANNED COMMERCIAL) ZONING DISTRICT
ON PROPERTY AT THE NORTHEAST CORNER OF MILITARY TRAIL AND
WEST ATLANTIC AVENUE (DELRAY SQUARE).
BACKGROUND/ANALYSIS
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The action before the City Commission is a request for Conditional Use approval to allow a
Private school and other similar educational facilities known as Toussaint L'Ouverture High
School for Arts and Social Justice (Toussaint L'Ouverture High School) in the PC (Planned
Commercial) zoning district, pursuant to LOR Section 2.4.5(E).
The school is to be located in Delray Square located at the northeast corner of Atlantic Avenue
and Military Trail. The school will occupy the northeastern most corner of the shopping center in
a 14,955 square feet bay. The student parking and drop off area will be to the rear of the
shopping plaza as will the 7,800 square foot outdoor area. The play area will be screened with a
new 8' high wood fence set back 2' from the edge of the existing green space. The school will
have no more than 100 students on campus at anyone time. While the total enrollment is
greater than 100 students, some students attend classes off site at a community center, dual
enrollment programs at Palm Beach Community COllege, and off campus internships and work
related experiences. Given these offsite activities capacity on the site will not exceed the
maximum of 100 students allowed in the Planned Commercial District. The Toussaint L'
Ouverture High School will provide high school education curriculum for students between the
ages of fifteen (15) to twenty (20) years of age. The hours of operation are between 7:30 a.m.
and 5:00 p.m. Monday through Friday. Actual school hours are from 8:10 a.m. to 3:00 p.m. No
Saturday or Sunday (weekend) hours.
PLANNING AND ZONING BOARD CONSIDERATION
At its meeting of October 17, 2005 the Planning and Zoning Board held a public hearing
regarding the Conditional Use request. There was no public testimony regarding the proposed
changes. After discussing the request, the Board voted 6-0 to recommend approval of the
conditional use request subject to conditions, 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.
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City Commission Documentation
Conditional use for Toussaint L Ouverture
Page 2
By motion, approve the Conditional Use request for a Private School for Toussaint L. Ouverture
High School based upon positive findings with respect to Chapter 3 (Performance Standards)
and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, and
the Goals, Objectives and Policies of the Comprehensive Plan, subject to the fOllowing
conditions:
1. That the maximum number of students on campus at anyone time does not exceed 100
students.
2. That a hedge 4-Y:.' at planting and to be maintained at 8' minimum be provided to the exterior
of the new wood fencing around the outdoor play area.
3. That the school have a security guard on site when the school is open including one hour
prior to class and up to a maximum of one hour after class.
Attachment: Planning and Zoning Board Staff Report of July 18, 2005 and Proposed Ordinance
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT ---
MEETING DATE:
AGENDA ITEM:
ITEM:
October 17, 2005
IV.D
Conditional use request to establish a charter school for Toussaint L'Ouverture
High School for Arts and Social Justice within the Delray Square " Shopping
Center (Quasi-Judicial Hearing).
GENERAL DATA:
Agent / Applicant............ Joseph Sernadel
Owner............................ Delray Hudson Partners. L.P.
Location......................... Northeast Corner of South Military
Trail and West Atlantic Avenue
within the Delray Square " Plaza
(14610 S. Military Trail)
Properly Size................. 15.13 Acres
Future Land Use Map.... General Commercial (GC)
Current Zoning............... Planned Commercial (PC)
Adjacent Zoning North: Single-Family Residential (R-1-A),
General Commercial (GC), and
Agriculture (A)
South: General Commercial (GC) and
Planned Commercial (PC)
East: Planned Office Center (POC)
West: County CG/SE & City GC
Existing Land Use.......... Vacant Bay within Shopping Center
Proposed Land Use....... Charter School
Water Service................ Available On-Site
Sewer Service................ Available On-Site
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The action before the Board is making a recommendation to the City Commission on a
request for Conditional Use approval to allow Private schools and other similar
educational facilities for Toussaint L. Ouverture High School for Arts and Social Justice
in the PC (Planned Commercial) zoning district, pursuant to LDR Section 2.4.5(E).
Pursuant to Section 2.2.2(E)(6) of the Land Development Regulations, the Planning and
Zoning Board shall review and make a recommendation to the City Commission with
respect to establishing a conditional use on any property within the City.
__t_11
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This property has an extensive land use history which dates back to 1976, at which time
a Water Service Agreement was approved between the City of Delray Beach and Delray
Square Associates, Ltd, for the City to provide water service to Delray Square II
Shopping Center (Delray Square).
Phase I of Delray Square (Publix and a movie theatre) was constructed in 1976. Phase
II (northern portion) was constructed in 1987, with the east portion of the shopping
center being constructed in 1989.
On October 24, 1989, the subject property was annexed into the City of Delray Beach
with a zoning designation of GC (General Commercial). With the Citywide rezoning of
1990, Delray Square was rezoned to PC (Planned Commercial). There have been site
plan modifications processed for Delray Square which include minor additions and
alterations to the shopping center. The following is the most recent land use action that
relates to the property.
On October 26, 1993, the City Commission granted conditional use approval to establish
a 240 seat bingo hall for the Multiple Sclerosis Foundation within the 6,000 sq. ft. bay
formerly occupied by the Pharmor drug store. The applicant subsequently requested
that the conditional use approval be rescinded as the bingo hall was seeking approval
through Palm Beach County to locate within the Marketplace at Delray shopping center,
at the northwest corner of Atlantic Avenue and Military Trail. The bingo hall received
special exception approval through Palm Beach County to establish a bingo hall,
however, the use was never established and the approval has since expired.
At its April 15, 1992 meeting the Site Plan Review and Appearance Board (SPRAB)
approved a non-impacting site plan modification for Engleman's Kosher Foods to allow
the installation of a walk-in cooler and dumpster enclosure associated with the
establishment of a new retail bakery. On October 1, 1992 a non-impacting site plan
modification was administratively approved by the Planning and Zoning Department to
allow the addition of a boiler room and relocation of a compressor pad for the bakery.
Three different retail bakeries have occupied the subject bay since 1992.
On June 4, 1996 the City Commission approved a conditional use request to establish a
community center/social club for the South Palm Beach County Jewish Federation. The
51,700 sq. ft. facility was previously occupied by the Pharmor Drug Store. The South
Palm Beach County Jewish Federation is still in operation.
Planning & Zoning Staff Report - October 17, 2005
Conditional Use to Allow a Private School and Other Similar Education Facilities
On August 6, 2002, the City Commission approved a conditional use request to establish
a bridge club which has since vacated the site. The current request is a conditional use
to establish a private school in a 14,955 sq. ft. bay located in the northeast corner of
Oelray Square.
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The proposed school is to be located at Oelray Square located at the northeast corner of
Atlantic Avenue and Military Trail. The school will occupy the northeastern most corner
of the shopping center in a 14,955 square feet bay. The student parking and drop off
area will be to the rear of the shopping plaza as will the 7,800 square foot outdoor area.
The play area will be screened with a new 8' high wood fence set back 2' from the edge
of the existing green space. The school will have no more than 100 students on campus
at anyone time. While the total enrollment is greater than 100 students, some students
attend classes off site at a community center, dual enrollment programs at Palm Beach
Community College, and off campus internships and work related experiences. Given
these offsite activities capacity on the site will not exceed the maximum of 100 students
allowed in the Planned Commercial District. The Toussaint L. Ouverture High School
for Arts and Social Justice will provide high school education curriculum for students
between the ages of fifteen (15) to twenty (20) years of age. The hours of operation are
between 7:30 a.m. and 5:00 p.m. Monday through Friday. Actual school hours are from
8:10 a.m. to 3:00 p.rn. No Saturday or Sunday (weekend) hours.
.
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REQUIRED FINDINGS:
LDR (Chapter 3) PERFORMANCE STANDARDS:
Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use
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, written
materials submitted by the applicant, the staff report, or minutes. Findings shall
be made by the body which has the authority to approve or deny the development .'
application. These findings relate to the Future land Use Map, Concurrency,
Comprehensive Plan Consistency, and Compliance with the land Development
Regulations.
FUTURE lAND USE MAP:
The resulting use of land or structures must be allowed in the zoning district
within which the land is situated and said zoning must be consistent with the
applicable land use designation as shown on the Future land Use Map.
Pursuant to LOR Section 4.4.12(0)(3), private schools and other similar educational
facilities are allowed as a conditional use within the PC zoning district. The proposed PC
zoning district is consistent with the current FLUM designation of GC (General
Commercial). Thus, positive findings can be made regarding consistency with the FLUM
and zoning designations.
2
Planning & Zoning Staff Report - October 17, 2005
Conditional Use to Allow a Private School and Other Similar Education Facilities
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 proposed use of the vacant bays within an established shopping plaza should not
affect previous findings of concurrency for this property. Thus, positive findings can be
reaffirmed at this time with regard to concurrency for all services and facilities.
CONSISTENCY: Compliance with performance 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. There are several objectives and policies that address education within the
City, which generally apply to publiC education.
Public Schools Facilities Element Policy B-1.4 The City of Delray Beach shall
encourage the location of schools proximate to urban residential areas by:
. Assisting the School District in identifying funding and/or construction opportunities
(including developer participation or City of Delray Beach capital budget
expenditures) for sidewalks, traffic signalization, access, water, sewer, drainage and
other infrastructure improvements;
. Providing for the review for all school sites as indicated in Policy B-1.1; and,
. Allowing schools as permitted uses within all urban residential land use categories.
Although the Toussaint L. Ouverture High School for Arts and Social Justice site is
proposed to be located in a Commercial shopping plaza it is located near residential
areas immediately to the north and northeast (Lees Crossing and Franwood Pines) .
Therefore, the proposed location of the school is consistent with the Comprehensive
Plan policy to locate schools near residential areas.
Public Schools Facilities Element Policy B-2.5 of the Comprehensive Plan further
states that the City of Delray Beach shall advise the School District of a proposed public
school site's consistency with the City of Delray Beach's Comprehensive Plan and Land
Development Regulations, including the availability of necessary public infrastructure to
support the development of the site.
Although this is proposed as a private school it is to be funded through a chartering
agreement with the Palm Beach County School District and can thus be found to
advance public education goals by supplementing the public school system by providing
education services to students with special needs. Much like the public education
system there is to be no tuition charged to students.
Future Land Use Element Objective A-1: Property shall be developed or
redeveloped, in a manner so that the future use and intensity is appropriate in
terms of soil, topographic, and other applicable physical considerations; is
complementary to adjacent land uses; and fulfills remaining land use needs.
3
Planning & Zoning Staff Report - October 17, 2005
Conditional Use to Allow a Private School and Other Similar Education Facilities
Development proposals within established developments should also be consistent and
complementary to existing and future development pattems. This shopping center is
part of what has been deemed the "four corners" site. On December 9th and 10th of
2004, the Florida Public Officials Design Institute of Abacoa (a collaboration of Florida
Atlantic University Center for Urban and Environmental Solutions and South Florida
Community Leaders) selected two sites within the City for further study. These sites
included the four corners site which includes the four commercial nodes at the
intersection of West Atlantic and Military Trail. The Institute published the development
recommendations in a "Design Institute Report". The Design Institute's
recommendations for the four comers site was that a master plan in which this site
would be connected as part of a cohesive development of the intersection be prepared.
The report included recommendations that the development mass be increased at the
corners and incentives be implemented to provide mixed-use development including
workforce housing. Specific recommendations included:
. Future development should highlight opportunities for a transit orientated
development (TOD) which includes mixed-use development; (TOD is usually a
mixed-use development including moderate to high density housing that
emphasizes a pedestrian orientated environment and encourages the use of
public transportation);
. Encourage mixed-use development with commercial or office on the ground floor
and residential above while utilizing new urbanism design elements;
. Encourage adaptive reuse of existing structures and implement zoning changes
which promote mixed-use; and
. Overall focus for the sites should be to distinguish this intersection from others
along the Military Trail corridor.
The proposed conditional use has limited impact on the current commercial development
pattem, and there are no compatibly concerns with this type of use and the future
introduction of mixed-use development, including the residential component which will
include workforce housing. Under a mixed-use development scenario, the most needed
commercial uses would be those which provide support services to the residences.
Given the Comprehensive Plan directives to locate in close proximity to residential uses
the request would be compatible. Further, education opportunities would be considered
support services. Therefore, positive findings with respect to consistency can be made.
SECTION 2.4.5tE) 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.
4
Planning & Zoning Staff Report - October 17, 2005
Conditional Use to Allow a Private School and Other Similar Education Facilities
The following zoning designations and uses border the property:
Direction
North
South
East
West
ZoninQ
R-1A
PC
pac
CG-SE (County)
Uses
Residential
Commercial (balance of shopping center)
Office
Commercial Retail
The proposed development is located within Delray Square at the northeastern corner of
the site. Lees Crossing subdivision borders the site to the north and is separated by the
90' wide L-33 canal and an additional 93' of setback area. The facility will also be
bordered to the east by an existing office center. There have been no known conflicts
between the existing shopping center and adjacent properties. There will be no
anticipated conflicts created between this site and the use of adjacent properties if
appropriate screening including wooden fencing with hedging exterior to the fence is
provided.
Based on the above, a positive finding can be made that the proposed conditional use
will not have a detrimental affect on the neighborhood or hinder development of nearby
properties.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
Pursuant to LOR Section 2.4.5(E) (4) a site/sketch plan submittal has been
received and reviewed by staff. The plan has been found to be in compliance with
the Land Development Regulations.
Private schools are allowed in the Planned Commercial (PC) Zoning District as
conditional uses per Land Development Regulation (LDR) Section 4.3.3 (HHH) subject
to the following requirements:
(HHH) Private Schools and Other Similar Education Facilities:
[Amd. Ord.18-02 6/18/02]
(1) Floor Area: Facilities shall contain a minimum floor area of 35 square feet of indoor
floor area per child, exclusive of space devoted to bathrooms, halls, kitchen, offices, and
storage. [Amd. Ord.18-02 6/18/02]
Given the proposed student capacity (100 students), the school meets and exceeds this
requirement. (100 x 35=3,500 square feet required, 14,955 square feet provided)
(2) Loadina Area: A pickup and drop-off area for children shall be provided in a
convenient area adjacent to the building and shall provide clear ingress and egress to
the building. A minimum of a 100' dedicated vehicular drop-off/pick-up lane shall be
provided. The stacking area is measured from the loading area and shall not block
drive-aisles or parking areas. A greater distance may be required by the approving body
based on the intensity of the Private School. A lesser stacking distance may be
approved by the Board based on a traffic impact statement. Pathways that cross
vehicular use areas shall be defined by special pavings, brick, striping or other method
acceptable to the Board. [Amd. Ord. 18-02 6/18/02]
5
Planning & Zoning Staff Report - October 17, 2005
Conditional Use to Allow a Private School and Other Similar Education Facilities
A 100 foot pick-up and drop-off area is proposed the rear of the shopping center and
appears to meet the above requirements.
(3) Outdoor Area: There shall be a minimum of 75 square feet of outdoor play area
per student. The play area shall be located on the same lot as the principal use and
shall not be located in the front yard setback. The play area shall be surrounded by a 6'-
high opaque fence or chain link fence with a 6'-high hedge. Outdoor play areas shall
meet the minimum setbacks in the PC zoning district per LDR Section 4.3.4(K). Relief
from this requirement shall only be granted by the City Commission through the waiver
process [Section 2.4.7(B)J. (Amd. Ord. 18-02 6/18/02]
The application includes the provision of a 7,800 square foot outdoor play area which
exceeds the required 7,500 required for the 100 student capacity. A wooden fence (8')
is proposed and a hedge 4' 6" at planting and maintained at 6' minimal height is attached
as a condition. .
(4) Transport Vehicles: For private schools that utilize transport vehicles, an area
must be designated for the parking/storage of these vehicles and that these areas be
screened when visible from a public right-of-way or residentially zoned property in
accordance with LDR Section 4.6.4(A) and 4.6. 16(H)(3)(e). (Amd. Ord. 18-02 6/18/02]
The applicant has indicated that no student transportation vehicles are anticipated to be
stored on site on a regular basis. On the rare occasion that a vehicle will be left
overnight the vehicle will be stored in the outdoor play area and an access gate of 12' is
proposed for this purpose.
It is noted the school currently has a large bus and further clarification is required as to
where the regular storage of this vehicle is proposed.
(5) Other Requlations: All Private Schools and Similar Facilities shall comply with the
American Disability Act (ADA), Standard Building Code, Fire Codes, and any other
regulations including State and County regulations as may be required. (Amd. Ord. 18-
02 6/18/02]
Parkinq:
Pursuant to Land Development Regulation (LOR) Section 4.6.9(C) (3) (e), the parking
required for the shopping center is 4 spaces per 1,000 square feet of gross floor area.
The individual uses within the center are not required to provide parking associated with
for specific uses but are subject to the overall shopping center calculations. Adequate
parking exists for the shopping center.
The school is proposing to use 50 existing spaces located immediately to the north of
the commercial bays along the northern edge of the shopping plaza. As these spaces
are not currently utilized by any shopping plaza user no concerns are noted
Student Capacity:
(6) Private school facilities shall be limited to a maximum of 100 students when located
in the PC district. (Amd. Ord.18-02 6/18/02]
6
Planning & Zoning Staff Report - October 17, 2005
Conditional Use to Allow a Private School and Other Similar Education Facilities
The total number of students inside the facility at any given time will be 100 students or
less. The hours of operation are between 7:30 a.m. and 5:00 p.m. Monday through
Friday. Actual school hours are from 8:10 a.m. to 3:00 p.m. No Saturday or Sunday
(weekend) hours.
The subject property is not in a geographical area requiring review by the CRA
(Community Redevelopment Agency), DDA (Downtown Development Authority) or HPB
(Historic Preservation Board).
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic
associations:
. President's Council
. PROD
. Presidents Council
. Sunset Pines
. Lees Crossing
. Highland Trailer Park
. Neighborhood Advisory Council Members
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. Letters of support and objection, if any, will be presented at the
Planning and Zoning Board meeting.
The proposed Conditional Use to allow a Private. School will allow more diverse
educational options within the City of Delray Beach. . Positive findings can be made with
respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use
Findings) of the Land Development Regulations, and the Goals, Objectives, and Policies
of the Comprehensive Plan. Therefore, the proposed Conditional Use can be
recommended for approval based on the findings outlined in this report.
A. Continue with direction.
B. Recommend approval of the Conditional Use request for a Private School for .
Toussaint L. Ouverture High School for Arts and Social Justice based upon
positive findings with respect to Chapter 3 (Performance Standards), Section
2.4.5(E)(5) (Conditional Use Findings) and the Goals, Objectives and Policies of
the Comprehensive Plan subject to conditions.
7
Planning & Zoning Staff Report - October 17, 2005
Conditional Use to Allow a Private School and Other Similar Education Facilities
C. Recommend denial of the Conditional Use request to for a Private School for
Toussaint L. Ouverture High School for Arts and Social Justice based upon a
failure to make positive findings with respect to Chapter 3 (Perfonnance
Standards), Section 2.4.5(E)(5) (Conditional Use Findings), and Section
2.4.7(B)(5) (Waiver Findings) of the Land Development Regulations.
Conditional Use:
Recommend to the City Commission approval of the Conditional Use request for a
Private School for Toussaint L. Ouverture High School for Arts and Social Justice based
upon positive findings with respect to Chapter 3 (Performance Standards) and Section
2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, and the
Goals, Objectives and Policies of the Comprehensive Plan, subject to the following
condition:
1. That the maximum number of students on campus at anyone time does not exceed
100 students.
2. That a hedge 4-)1,' at planting and to be maintained at 6' minimum be provided to the
exterior of the new wood fencing around the outdoor play area.
Attachments:
. Conceptual Plan
. Location Map
8
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FROM: SCOTT D. PAPE,
SUBJECT: MEETING OF OCTOBER 25, 2005
CONDITIONAL USE REQUEST TO INCREASE THE BUILDING HEIGHT TO A
MAXIMUM OF 60' AND TO ALLOW AN INCREASE ABOVE 30 DWELLING
UNITS PER ACRE (37.30 DUlAC) FOR 5TH AVENUE AT DELRAY A
PROPOSED MIXED USE DEVELOPMENT LOCATED ON THE EAST SIDE OF
NE 5TH AVENUE (SOUTHBOUND FEDERAL HIGHWAY). 112' NORTH OF NE
1ST STREET (131.185 NE 5TH AVENUE).
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The property consists of Lots 2-8 and a portion of Lot 9, Block 107 Town of Defray Beach
subdivision and contains 1.26 acres. The property contains six structures that were constructed
between 1937 and 1986.
A development proposal has been received which involves the demolition of the existing
structures and construction of a mixed use project that contains 47 condominium dwelling units,
3,952 square feet of retail floor area, and 5,874 square feet of office floor area. The structure is
a 5-story building with a two level parking facility containing 132 spaces, located behind the
commercial uses along Federal Highway and underneath the dwelling units. The recreational
facilities consist of a clubhouse and pool on the third story adjacent to Federal Highway. The
development proposal includes an increase to the building height frorn 48' to 57' and an
increase of residential density above 30 dwelling units per acre (37.30 du/ac proposed), which
both require conditional use approval. The conditional use application includes a waiver request
to the following sections of the City's Land Development Regulations:
1. LDR Section 4.6.18(B)(14)(v)(1), which required a change in roof design, doors and window
rhythm and articulation, and building materials or textures every 150' along a building's
street frontage and a minirnurn spacing between the same architectural compositions shall
be 300'.
2. LOR Section 4.6.9(O)(3)(c)(1), which requires a stacking distance of 50' for parking lots that
have 51 or more parking spaces.
3. LOR Section 4.6.14(A)(1), which requires a 20' visibility triangle at the intersection of the
driveways and the alley.
4. LOR Section 4.6.18(B)(14)(iv)(2), which requires a minimum transparency or glass surface
area on the ground floor wall area of all non-residential and mixed-use buildings shall be a
minimum of 75% of the wall area for that elevation.
Additional background and an analysis of the Conditional Use request are found in the attached
Planning and Zoning Board staff report.
~c...
PLANNING ANO....ZONIN.G"BOA.RD'CO.l\l$I,'O'E!'RATION...' .. '11
At its meeting of September 19, 2005, the Planning and Zoning Board held a public hearing in
conjunction with the request. There were several persons that spoke in opposition to the
increase in the
height and density. After discussing the proposal, the Board voted 5-2 (Borchardt and Zacks
opposed) to recommend approval of the height and density increases and recommended
approval of the waivers for 5th Avenue at Delray based on positive finding with respect to
Chapter 3 (Performance Standards), LDR Sections 2.4.5(E)(5)(Conditional Use Findings), LDR
Section 4.3.4(J)(4 )(b), 4.4.13(1)[Performance Standards], 2.4.7(B)(5), and the policies of the
Comprehensive Plan, subject to the 6 conditions of approval outlined on pages 17 & 18 of the
attached Planning and Zoning staff report of September 19, 2005.
HR'E~ O)ill)'~;EN tlA1;)~q!l ",." . . . '."'11
Approve the conditional use request to allow for a building height in excess of 48' (57'
proposed), density increase to 37.30 dwelling units per acre, and waivers for 5th Avenue at
Delray, by adopting the findings of fact and law contained in the staff report, and finding that the
request is consistent with the Comprehensive Plan and meets criteria set forth in Section
2.4.5(E)(5), 2.4.7(B)(5), 4.3.4(J)(4)(b), 4.4.13(1)[Performance Standards] and Chapter 3 of the
Land Development Regulations, subject to the conditions contained in the staff report.
Attachment: P&Z Staff Report and Documentation of September 19, 2005
2
, PLANNING AND ZONING BOARD
tlTY OF DELRA Y BEACH ---STAFF REPORT ---
September 19, 2005
IVA
Conditional Use Request for 5th Avenue at Delray to Allow an Increase in Building
Height to Exceed 48' (57' Proposed) and increase the residential density above
30 dwelling units per acre (37.30 du/ac pro~osed) for a Proposed Mixed Use
Development on the east side of NE 5t Avenue (southbound Federal
Highway), 112' north of NE 1st Street (131-185 NE 5th Avenue).
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERALDAT A:
Owner..... ....................
5th Avenue at Delray, LLC
Agent..... .... ....... ...... ...
Weiner & Aronson, P.A.
Location........................ ..
East side of NE 5th Avenue
(southbound Federal Highway), 112'
north of NE 1st Street (131-185 NE
5th Avenue).
, )
Property Size..................
1.26 acres
Future Land Use Map..... Commercial Core
Current Zoning............... CBD (Central Business District)
Adjacent Zoning....North: CBD (Central Business District)
East: CBD (Central Business District)
South: CBD (Central Business District)
West: CBD (Central Business District)
Existing Land Use.......... Arnst Automotive Repair, Office,
and Residential
Proposed Land Use........ Conditional Use Request for a
Proposed Mixed Use Project Known
as 5th Avenue at Delray to Allow an
Increase in Building Height to Exceed
48' for (57' Proposed) and residential
density increase above 30 dwelling
units per acre (37.30 du/ac)
)Nater Service................. Existing on site.
Sewer Service................ Existing on site.
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The action before the Board is making a recommendation to the City Commission on
the conditional use request for 5th Avenue at Delray to allow an increase to a maximum
height of 60' [LOR Section 4.3.4(J)(4)(b)] and to allow an increase above 30 dwelling
units per acre [LOR Section 4.4.13(0)(14)] (37.30 du/ac proposed), pursuant to LOR
Section 2.4.5(E).
The property is located on the east side of NE 5th Avenue (southbound Federal
Highway), 112' north of NE 1st Street (131-185 NE 5th Avenue).
BACKGROUND/PROJECT PE$~RIP1ION
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The property consists of Lots 2-8 and a portion of Lot 9, Block 107 Town of Delray
Beach subdivision and contains 1.26 acres. The property contains six structures that
were constructed between 1937 and 1986.
A development proposal has been received which involves the demolition of the existing
structures and construction of a mixed use project that contains 47 condominium
dwelling units, 3,952 square feet of retail floor area, and 5,874 square feet of office floor
area. The structure is a 5-story building with a two level parking facility containing 132
spaces, located behind the commercial uses along Federal Highway and underneath
the dwelling units. The recreational facilities consist of a clubhouse and pool on the
third story adjacent to Federal Highway. The proposed building is 57' high. Therefore,
the applicant has submitted a conditional use application to increase the building height
from 48' to 57' in accordance with LOR Section 4.3.4(J)(4)(b). In addition, the density of
the project is proposed at 37.30 dwelling units per acre. Consequently, a conditional
use application has been submitted to exceed 30 dwelling units per acre per LOR
Section 4.4.13(0)(14). These conditional use applications are now before the Board for
consideration.
The conditional use application includes a waiver request to the following sections of the
City's Land Development Regulations:
1. LOR Section 4.6.18(B)(14)(v)(1), which required a change in roof design, doors and
window rhythm and articulation, and building materials or textures every 150' along a
building's street frontage and a minimum spacing between the same architectural
compositions shall be 300'.
2. LOR Section 4.6.9(D)(3)(c)(1), which requires a stacking distance of 50' for parking
lots that have 51 or more parking spaces.
3. LOR Section 4.6.14(A)(1), which requires a 20' visibility triangle at the intersection of
the driveways and the alley.
Planning and Zoning Board Staff Report
5th Avenue at Delray - Conditional Use Request
Page 2
4. LOR Section 4.6.18(B)(14)(iv)(2), which requires a minimum transparency or glass
surface area on the ground floor wall area of all non-residential and mixed-use
buildings shall be a minimum of 75% of the wall area for that elevation.
I
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REQUIRED FINDINGS (Chapter 3):
Pursuant to lDR Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which is part
of the official record. This may be achieved through information on the
application, the staff report, or minutes. Findings shall be made by the body,
which has the authority to approve or deny the development application. These
findings relate to Future land Use Map Consistency, Concurrency,
Comprehensive Plan Consistency and Compliance with the lDR's as noted
below.
FUTURE lAND USE MAP: The use or structures must be allowed in the zone
district and the zoning district must be consistent with the land use designation.
The subject property has a Future Land Use Map designation of CC (Commercial Core)
and is zoned CBD (Central Business District). The CBD zoning district is consistent
with the (CC) Future Land Use Map designation. Pursuant to LDR Section
4.4.13(B)(14), multi-family dwelling units, excluding duplexes, at a density greater than
30 dwelling units per acre, on property located south of NE 2nd Street and north of SE
2nd Street are allowed as a conditional use subject to LOR Section
4.4.13(1)[Performance Standards]. Pursuant to LOR Section 4.3.4(J)(4)(b)(i)(6) & (9),
increases in height to 60' are allowed for the subject property as a conditional use
subject to criteria identified under LDR Section 4.3.4(J)(4)(b)(ii) & (iii). Based upon the
above, positive findings can be made with respect to consistency with the Future Land
Use Map.
CONCURRENCY: Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
Water and Sewer: Water service will be provided via extension of lateral connection
from an existing 4"/8" main within the alley along the east side of the property. It is
noted that the 4" portion of the main must be upgraded to an 8" main, and will be
reviewed as part of the site plan process. An 8" water main will need to be extended to
the east side of NE 5th Avenue and a fire hydrant installed to provide adequate fire
suppression and this is attached as a condition of approval. Sewer service will be
provided via a lateral connection from an existing 8" sewer main within the alley.
Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water
Treatment Plant and the South Central County Waste Water Treatment Plant for the
Planning and Zoning Board Staff Report
5th Avenue at Delray - Conditional Use Request
Page 3
City at build-out. Based upon the above, positive findings can be made with respect to
this level of service standard.
Drainaae: Drainage is to be accommodated via roof tie-in to an exfiltration trench.
There are no problems anticipated in complying with SFWMD requirements and thus,
obtaining a surface water permit.
Streets and Traffic: A traffic study has been submitted that indicates the proposed
development will generate 101 peak p.m. vehicle trips onto the surrounding roadway
network. It is noted that the traffic study does not take credit for the traffic generation of
the existing residential and commercial uses of the property, which will reduce the traffic
generation associated with the proposed development. A condition of approval is
attached that the traffic study be revised to reflect the credit for the existing uses. There
is adequate capacity on the surrounding roadway network to accommodate the
additional trips. It is noted that according to the Palm Beach County Traffic
Performance Standards Ordinance, residential developments east of 1-95 are exempt
from meeting concurrency. Furthermore, the property is located in the City's Traffic
Concurrency Exemption Area. Thus, the proposal complies with the Palm Beach
County Traffic Performance Standards Ordinance. Based upon the above, a positive
finding can be made with respect to traffic concurrency.
Parks and Recreation Facilities: The proposed units will not have a significant impact
with respect to level of service standards for parks and recreation facilities. However,
pursuant to LDR Section 5.3.2, whenever a development is proposed upon land which
is not designated for park purposes in the Comprehensive Plan, an in-lieu fee of
$500.00 per dwelling unit will be collected prior to issuance of building permits for each
unit. Thus, an in-lieu fee of $23,500.00 will be required of this development.
Solid Waste: Trash generated each year by the 47 dwelling units is 24.44 tons; 20.15
tons for the 3,952 square feet of retail floor area; and, 15.86 tons for the 5,874 square
feet of office area. The combined total of the proposed mixed use project is 60.45 tons
per year. This increase can be accommodated by existing facilities and thus, will not be
significant with respect to this level of service standard.
Schools: The School District of Palm Beach County has submitted a notice of
concurrency for the proposed development. Therefore, a positive finding can be made
with respect to school concurrency.
CONSISTENCY: Compliance with performance standards set forth in Chapter 3
and required findings in LDR Section 2.4.5(E) (5) for the Conditional Use request
shall be the basis upon which a finding of overall consistency is to be made.
Other objectives and policies found in the adopted Comprehensive Plan may be
used in making a finding of overall consistency.
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following applicable objectives and policies that are relevant to the
Conditional Use application are noted:
Planning and Zoning Board Staff Report
5th Avenue at Delray - Conditional Use Request
Page 4
Future Land Use Element Obiective A-1: Property shall be developed or
redeveloped in a manner so that the future use and intensity is appropriate and
complies in terms of soil, topographic, and other applicable physical
considerations, is complimentary to adjacent land uses, and fulfills remaining
land use needs.
There are no special physical or environmental characteristics of the land that would be
negatively impacted by the mixed-use development. The project has been designed
utilizing the recently adopted Downtown Design Guidelines. The proposed
development either meets or exceeds the setback requirements of these guidelines. As
will be discussed later in this report, the proposed development is consistent with the
criteria to grant increases to height and density. The proposed 5-story mixed use
development (37.30 du/ac) is more intense than the 3-story Hamilton Place and Porta AI
Mare developments on the east side of the alley, which have a density of 27 du/ac and
27.21 du/ac respectively. With respect to being complimentary to adjacent uses, the
proposed mixed use development will provide additional residents in the downtown
area, which will support the businesses in this area and improve the sustainability
during economic downturns. Further, the commercial businesses of the project will
provide additional shopping opportunities within the downtown.
As noted in the background section of this report, there several existing houses on the
subject property that are contributing buildings. Steps should be taken by the applicant
to ensure that these structures are relocated elsewhere in the City.
Housina Objective A-12: To assist residents of the City in maintaining and
enhancing their neighborhood environment, the City shall take steps to ensure
that modifications in and around the neighborhood do not lead to its decline,
such as those described in the following policies.
Housina Policy A-12.3: In evaluating proposals for new development or
redevelopment, the City shall consider the effect that the proposal will have on
the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic
volumes and circulation patterns shall be reviewed in terms of their potential to
negatively impact the safety, habitability and stability of residential areas. If it is
determined that a proposed development will result in a degradation of any
neighborhood, the project shall be modified accordingly or denied.
The proposed increases to height and density will not have a significant impact on the
new multiple family projects to the east or the commercial uses to the north, south and
west. The proposed development is located in the center of the City's commercial
downtown area. The traffic impacts associated with the development will not have a
detrimental affect on any residential neighborhoods.
REQUIRED FINDINGS RELATING TO INCREASE IN HEIGHT:
Pursuant to LOR Section 4.3A(K), the maximum height of structures in the CBD zoning
district is 48'. Pursuant to LOR Section 4.3A(J)(1), height is defined as the vertical
distance from grade to the highest finished roof surface of a flat roof or to the mean
Planning and Zoning Board Staff Report
5th Avenue at Delray - Conditional Use Request
Page 5
level between eaves and ridge for gable, hip, or gambrel roofs. For buildings adjoining
one street, the grade is established as the average of the mean elevation of the crown
along the lot frontage. Based on the mean elevation of Federal Highway and NE 3rd
Street the proposed building is approximately 57' high.
Pursuant to LDR Section 4.3.4(J)(4)(b)(i)(6) & (9), an increase to a maximum
height of 60' may be approved by the City Commission as a conditional use for
property within the Central Core portion of the CaD (Central Business District)
and between the Federal Highway one-way pairs. The City Commission may
approve an increase in height to a maximum height of 60' based upon a finding of
compliance with each of the enumerated criteria listed below.
(ii) That the increase in height will not provide for, nor accommodate, an increase
in the floor area (within the structure) beyond that which could be
accommodated by development which adheres to a height limitation of 48',
except for the following situations:
(1) An increase in intensity is allowed when the increase from 48' to 60' is
for the purpose of accommodating residential use on the top floor of the
structure; however, the increase in intensity is only for the added
residential use area;
The increase in height is requested to accommodate residential uses on the
top floor of the structure, thereby meeting this requirement.
(iii)That the increase in height is based on or will result in two, or more, of the
following:
(1) That workforce housing is provided within the development in a manner
consistent with the provisions of Sections 4.7.5(a) and (d);
The development proposal does not include a workforce housing component.
Therefore, the increase in height cannot be based on the provision of
workforce housing.
(2) That 50% or greater of an area of the ground floor is devoted to parking
and vehicular traffic circulation;
The first floor area of the parking area covers 25,320 square feet and total
floor area of the building (including parking area) is 41,799 square feet. The
percentage of parking to ground floor area is 60.57%. Consequently, the
proposed development complies with this requirement.
(3)That for each foot in height above 48', an additional building setback of
two feet (2') is provided from the building setback lines which would be
established for a 48' tall structure. The additional setback is required
from all setback lines (I.e., front, side, and rear) for the portion of the
building that extends above 48 feet. In lieu of this setback requirement,
Planning and Zoning Board Staff Report
5th Avenue at Delray - Conditional Use Request
Page 6
buildings in the CBD zone shall adhere to the setback requirements of
that district.
The following table identifies the setbacks of the CBD (Central Business District)
for that portion of the building that extends above 48':
> i D....., "",;"';;F,
,..IVVI ....
...
Front (NE 51nA\lel'll.le) 50% maximum 34' minimum 34'
... Remaining Length 39' minimum 51' 2"
Side Interior (Nor'th) 0' minimum 5' 10"
Side Interior (South) 0' minimum 4'
Rear 10' minimum 10' 2"
The proposed 5T-high building would be required to provide an additional 18'
setback from each property line if the 2' rule were applied. As noted in the table
above, the proposed building does not provide the additional 19' setback from all
property lines. Therefore, the increase in height cannot be based on compliance
with this requirement.
However, that portion of the building above 48' meets or exceeds the minimum
setback requirements of the Downtown Design Guidelines for the CBD zoning
district. Therefore, the proposed increase in building height can be based on a
positive finding with LDR Section 4.3.4(J)(4)(b)(iii)(3) given the adherence to the
setback requirements of the CBD.
(4) That a minimum of 50% of the ground floor building frontage consist of
nonresidential uses (excluding parking).
The proposed total building frontage is 428' 8" and the nonresidential frontage is
401.6' (93.7%). Therefore, the proposed building is consistent with this criteria.
PERFORMANCE STANDARDS FOR DENSITY INCREASE:
LDR Section 4.4.13(1) - Performance Standards: These standards shall apply to all
applications for new development and modification of existing developments
which would result in a density greater than 30 dwelling units per acre.
(1) The maximum permissible density of a particular project will be established
through the conditional use process, based upon the degree to which the
development complies with the performance standards of this section, the
required findings of lDR Section 2.4.5(E) and other applicable standards of
the Comprehensive Plan and land Development Regulations.
Notwithstanding the above, the approving body may deny an application for
increased density where it is determined that the proposed project is not
compatible in terms of building mass and intensity of use with surrounding
development.
Planning and Zoning Board Staff Report
5th Avenue at Delray - Conditional Use Request
Page 7
The residential component of the proposed development consists of 47 dwelling
units on a 1.26 acre parcel of land, which results in a density of 37.30 dwelling units
per acre. The development is located in the CBD zoning district, which allows the
residential density to exceed 30 units per acre subject to conditional use approval.
The analysis with respect to LOR Section 4.4.13(1) is provided below.
(2) The applicable performance standards for development under this section are
as follows:
(a) The development offers variation in design to add interest to the elevations
and relief from the building mass. For example, the building setbacks or
planes of the fac;;ade are offset and varied. In structures having more than
two (2) stories, stepping back of the upper stories (third floor and above) is
encouraged to decrease the perception of bulk. Building elevations
incorporate several of the following elements: diversity in window and
door shapes and locations; features such as balconies, arches, porches;
and design elements such as shutters, window mullions, quoins,
decorative tiles, or similar distinguishing features.
Starting at the second floor, the proposed building provides significant setbacks
and plane changes. The second and third floors are step back from the first floor
and the further step backs are provided for the fourth and fifth floor. The window
sizes are varied together with the window treatments such as muntins and
transoms. The balcony doors appear to be French doors. The use of the French
doors would enhance the aesthetic appeal of the building. This provision is
attached as a condition of approval. The roof line is varied in terms of height and
treatment. There are three curved roof features with decorative brackets and
standing metal seam. The parapets are staggered in height and architectural
treatment. Some of the parapets have a decorative parapet cap, some are plain,
and four of the projects have cut-outs. The building design also incorporates
unique spiral staircases from the balconies, which provide access to rooftop
sundecks. Based upon the above, this performance standard has been
achieved.
(b) If the building includes a parking garage as an associated structure or
within the principal building, the garage elevation provides unified design
elements with the main building through the use of similar building
materials and color, vertical and horizontal elements, and architectural
style. The garage is designed in a manner that obscures parked vehicles
except in places where unavoidable, such as entrances and exits.
Development of a portion of the ground floor perimeter adjacent to street
rights of way is devoted to window displays or floor area for active uses
such as retail stores, personal and business service establishments,
entertainment, offices, etc.
Planning and Zoning Board Staff Report
5th Avenue at Delray - Conditional Use Request
Page 8
The parking garage associated with the development is located behind the
commercial businesses that front on Federal Highway. Therefore, this
performance standard has been met.
(c) A number of different unit types, sizes and floor plans are available within
the development. Two and three bedroom units are encouraged, as are a
combination of multi-level units and flats. In projects consisting of more
than twelve (12) dwelling units, the proportion of efficiency or studio type
units may not exceed 25% of the total units. There is no maximum
percentage established for projects having twelve (12) or fewer units,
however, a mix of unit types and sizes is encouraged.
The development proposal will provide a mix of two, three and four bedroom
dwelling units with eight different floor plans. There are 16 two-bedroom dwelling
units ranging in size between 1,491 and 1,560 square feet, 29 three-bedroom
dwelling units ranging in size between 1,503 and 2,254 square feet, and 2 four-
bedroom dwelling units with 2,327 square feet. It is noted that three of the
dwelling units are two-story units. Based upon the above, the intent of this
performance standard has been achieved.
(d) The project design shall create an overall unified architectural character
and image by the use of common elements between the building(s),
parking lot, and landscaping. Examples of some features that could be
incorporated to meet this standard are: freestanding light poles and
exterior light fixtures that are decorative and consistent with the
architectural treatment of the building(s); pedestrian amenities such as
benches, shaded walkways, decorative pavement treatment, that are
similar in forms, colors, materials, or details as the architecture of the
building(s); focal points such as public art, water feature/fountain,
courtyard or public plazas designed to connect different uses along a
continuous pedestrian walkway; or a combination of similar features that
meet the intent of this standard.
The development proposal includes paver block sidewalks that connect to the
public sidewalk. Additionally, the proposal includes benches within these paver
block sidewalks. Based on the above, the intent of this performance standard
has been achieved.
(e) The development provides common areas and/or amenities for residents
such as swimming pools, exercise rooms, storage rooms or lockers,
covered parking, gardens, courtyards or similar areas and/or amenities.
The development proposal provides a swimming pool, storage lockers, exercise
room, business center and covered parking. The proposal also includes sun
decks on the roof that are accessed from a spiral staircase. Based upon the
above, the intent of this performance standard has been achieved.
Planning and Zoning Board Staff Report
5th Avenue at Delray - Conditional Use Request
Page 9
(f) The development promotes pedestrian movements by providing
convenient access from the residential units to the public sidewalk system.
Pedestrian areas adjacent to the building are enhanced by providing
additional sidewalk area at the same level as the abutting public sidewalk.
Accessways to parking areas are designed in a manner that minimizes
conflicts between vehicles and pedestrians. The public street or streets
immediately adjacent to the development are enhanced in a manner that is
consistent with the streetscape in the downtown area (I.e., installation of
landscape nodes, extension of existing paver block system, installation of
approved street lighting, etc.).
The development proposal provides a safe and efficient pedestrian connection
between the building and the public sidewalk. The access to the parking garage
is from the alley, which eliminates the conflict with the vehicular flow along
Federal Highway. The applicant should contribute the cost associated with the
street improvements for beautification of Federal Highway, which is currently
under consideration. These improvements include construction of parallel
parking spaces, landscape nodes and street lighting (if necessary). The
applicant should contact the City Engineer to obtain an estimate per linear front
foot. In order to comply with this performance standard a condition of approval is
attached that the applicant contributes the cost associated with these
improvements. The City would then be responsible for installing these
improvements when these are approved. Based on the above and subject to the
attached conditions of approval being addressed, this performance standard will
be achieved.
(g) The development provides opportunities to share parking, accessways,
driveways, etc., with adjoining properties, or provides additional parking
spaces that may be used by the public.
The development proposal requires 114 parking spaces and 132 parking spaces
have been provided within the parking garage (18 total surplus). Furthermore,
the contribution for Federal Highway Beautification will cover the cost to install
the parallel parking spaces within Federal Highway providing additional parking
opportunities available to the public. Based on the above and subject to the
attached conditions of approval being addressed, this performance standard will
be achieved.
(h) Projects fronting on Atlantic Avenue, NW/SW 5th Avenue, NE 1st Street or
SE 1st Street contain nonresidential uses on the ground floor. At least 75%
of the surface area of the front street wall(s) at the ground floor area of
each such building is devoted to display windows and to entrances to
commercial uses from outside the building.
Since the project is located on NE 5th Avenue (Federal Highway), this
performance standard does not apply. It is noted that the proposed development
provides 55% of window display/entrances and a waiver to a similar requirement
in the design guidelines is being sought.
Planning and Zoning Board Staff Report
5th Avenue at Delray - Conditional Use Request
Page 10
If approved as conditioned, the proposed development will with comply the seven
applicable performance standards contained in LOR Section 4.4.13(1). Given this level
of achievement with the performance standards, it is appropriate to grant the requested
increase in density.
lDR SECTION 2.4.5(E) - REQUIRED FINDINGS:
Pursuant to lDR Section 2.4.5(E) (5), in addition to provisions of Chapter 3, the
City Commission must make findings that establishing the conditional use will
not:
A. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
B. Nor that it will hinder development or redevelopment of nearby
properties.
The subject property is bordered on all sides by the CBD (Central Business District)
zoning district. The adjacent land uses include: to the north a private parking lot; to the
south by a flooring company; to the east are multiple family developments (Hamilton
Place & Porta AI Mare); and various office uses to the west (across Federal Highway).
Some of the most recent multiple family developments in the area include the Hamilton
Place (27 du/ac); Portal AI Mare (27.21 du/ac); and, Cityscape (30 du/ac). The 5th
Avenue at Delray project has a proposed density of 37.30 dwelling units per acre. It
seems evident that the increasing densities within the downtown have not hindered
development. It is reasonable to infer that the proposed development will not have a
negative affect on the development of nearby properties.
Based upon the above, positive findings can be made with respect to LOR Section
2.4.5(E) (5) for the conditional request to increase the building height to a maximum of
60' (57' proposed) and the density increase to 37.30 dwelling units per acre.
COMPLIANCE WITH lAND DEVELOPMENT REGULATIONS:
In conjunction with the Conditional Use request a sketch plan was submitted
which staff has reviewed. It is noted that the conceptual plan is insufficient to
conduct a complete analysis of the land Development Regulations. If the
Conditional Use is approved, a full site plan submittal complying with lDR
Section 2.4.3 will be required. Based upon staff's review of the sketch plan and
site inspections, the following analysis is provided.
Buildina Setbacks:
The following table indicates that the proposal complies with LDR Section
4.4.13(F)(3)[Table 4.4.13-2] as it pertains to the Central Business District (CBD) zone
district:
Planning and Zoning Board Staff Report
5th Avenue at Delray - Conditional Use Request
Page 11
.. ..... ...1> .....
7 ..... ....
70%/90% 10' min 74% to 90%
finished grade to
25' Remaining 22' min Over 22' 2"
length
NE and SE 70% max 10' min 51%
5th and NE 25' to 37'
and SE 6th Remaining 27' min Over 41' 8"
Avenues lenQth
50% max 34' min 46%
37' and above
Remaining 39' min Over 51' 2"
length
Parking Requirements:
Pursuant to LOR Section 4.6.9(C)(8)[shared parking calculation], the required parking
for the 3,952 square feet of general commercial floor area; 5,874 square feet of office
floor area; and the 47 residential units is 114 parking spaces. The development
proposal exceeds the parking requirements with 132 parking spaces.
Minimum Residential Floor Area:
The following table indicates that the proposal complies with LOR Section
4.3.4(K)[Minimum residential floor area]:
Standal'tt Provided
2 Bedroom Units. 900 Sq. ft. 1 ,491 Sq. ft.
3 Bedroom Units 1,250 sq. ft. 1,560 sq. ft.
4 Bedroom Units 1,500 sq. ft. 2,327 sq. ft.
Lighting:
A photometric plan has been submitted for the parking area and the wall mounted light
fixtures on the east and west sides of the building. The photometric plan indicates that
the wall mounted fixtures comply with respect to the City's illumination standards.
However, the interior garage lighting is excessive at the driveways along the alley. This
illumination will spill into the public alley and have the potential for spilling glare on the
adjacent residential property to the east. A condition of approval is attached that the
lighting levels be reduced in these areas and shielded to eliminate glare on adjacent
properties and the alley.
Planning and Zoning Board Staff Report
5th Avenue at Delray - Conditional Use Request
Page 12
Maneuvering Area:
Pursuant to LDR Section 4.6.9(D)(4)(c), dead-end parking bays are discouraged, but
when site conditions dictate that there be dead-end parking bays, they shall be
designed so that there is a 6' by 24' maneuvering area at the end of the bay. These
maneuvering areas have not been provided at the north and south ends of the parking
tier on the lower level of the parking facility. A condition of approval is attached that
required maneuvering areas be provided with the site plan submittal. Furthermore, the
end parking spaces need to be striped-out in order to provide adequate turn around
maneuvering. It is noted that these changes will require redesign of the parking area
on this level and may result in a loss of parking spaces.
Right-of-Way Dedication:
Pursuant to LOR Section 5.3.1 (0)(2), the required alley width is 20' or the existing
dominant width. The existing alley adjacent on the east side of the subject property is
16' wide. In order to provide adequate maneuvering area within this alley a dedication
of 2' will be required and will be addressed during the site plan process.
Architectural Changes:
Pursuant to LOR Section 4.6.18(B)(14)(v), buildings subject to the Downtown Design
Guidelines are required to provide a change in roof design, doors and window rhythm
and articulation, and building materials or textures every 150' of building frontage.
Minimum spacing between the same architectural compositions shall be 300'. The
proposed elevations fronting on Federal Highway do not provide the minimum spacing
between the same architectural compositions. The applicant has requested a waiver to
the variation requirements.
Waiver Analysis:
Pursuant to LOR Section 2.4.7(B)(5), prior to granting a waiver, the approving body
shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; or,
(d) Does not result in the grant of a special privilege in that the same waiver would
be granted under similar circumstances on other property for another applicant or
owner.
The applicant has submitted a justification narrative that states:
".. .A/though the plans provide chanae in roof desian, doors and window rhvthm and
articulation. the distance between this changes less that 300'. The building has been
Planning and Zoning Board Staff Report
5th Avenue at Delray - Conditional Use Request
Page 13
carefully designed to respond to the context as well to its interior layout. Because of the
building length, there are two elevator lobby entrances along the Federal Highways.
The layout of the individual residential units revolves around these lobbies, and
courtyards have been provided between residential units. Finally, the pool and
recreational area is located in the center of the structures, to further break up the
massing. This symmetrical location of the recreational area makes it accessible to all
units. The "chanaes in roof desian. door and window rhythm and articulation" respond
to the location of the courtyards, the recreational area, the elevator lobbies, and, in
general, to the general internal organization of the building, which is not a set number of
300'. However, we believe that the intent of Section 4.6. 18(B)(14)(v)(1) has been met,
because the proposed building is not a monotonous looking structure, and there is
sufficient architectural interest, including chanaes in roof desian. door and window
rhythm and articulation. and furthermore, these changes are spaced adequately along
the front fagade."
The purpose of the variation requirements is to restrict a monotonous architectural
presentation. It is noted that the proposed building greatly exceeds the setbacks of the
upper floors. This design provides an aesthetically pleasing building. These
requirements are part of the recently adopted Downtown Design Guidelines and are
now being applied to new development in the CBD zoned area of the City. While the
intent of these requirements will prevent monotonous architectural design,
consideration should be given to building designs that have a superior appearance
which will be an asset to the City. Similar circumstances on other properties would lead
to the same conclusion. Consequently, a positive finding with respect to LOR Section
2.4.7(B)(5), Waiver Findings can be made.
Stacking Distance:
Pursuant to LOR Section 4.6.9(D)(3)(c)(1), the minimum distance between a right-of-
way and the first parking space or aisle way in a parking lot that has 51 or more parking
spaces shall be 50'. The proposed stacking distance from the alley is 27'. The
applicant has requested a waiver to the stacking requirements.
Waiver Analysis:
The applicant has submitted a justification narrative that states:
".. .Because of the urban nature of the project, there is not enough space available for
the 50' stacking requirement. However, the driveways are located off the alley, where
minimum travel speeds occur, and traffic volume is limited to visitors and residents of
that particular city block."
The parking garage provides two driveways to the public alley, which reduces the
impact on the stacking. Furthermore, the speeds and traffic volumes along the alley
are less than a public street. Similar circumstances on other properties would lead to
the same conclusion. Consequently, a positive finding with respect to LOR Section
2.4.7(B)(5), Waiver Findings can be made.
Planning and Zoning Board Staff Report
5th Avenue at Delray - Conditional Use Request
Page 14
Visibility Triangles:
Pursuant to LOR Section 4.6.14(A)(1), a 20' visibility triangle is required at the
intersection of the garage driveways and the alley. The parking garage wall encroaches
into the required visibility triangles. The applicant has requested a waiver to the visibility
requirements.
Waiver Analysis:
The applicant has submitted a justification narrative that states:
". ..Once again, because of the "urban infill" nature of the project, visibility triangles are
deduced or partially obstructed by the building. However, the driveways are located off
the alley, where traffic volume is limited and traffic speeds are very low."
The City has approved similar waivers of the sight visibility triangles for other projects.
The proposed development provides approximately 1 0' visibility triangles. Given the
lower traffic volumes and speeds along an alley, these sight lines should be sufficient in
terms of safety. Similar circumstances on other properties would lead to the same
conclusion. Consequently, a positive finding with respect to LOR Section 2.4.7(B)(5),
Waiver Findings can be made.
Window Design:
Pursuant to LDR Section 4.6.18(B)(14)(iv)(2), the minimum transparency or glass
surface area on the ground floor wall area of all non-residential and mixed-use buildings
shall be a minimum of 75% of the wall area for that elevation. The development
proposal provides transparency levels 55%. The applicant has requested a waiver to
this design requirement.
Waiver Analysis:
The applicant has submitted a justification narrative that states:
".. .However, providing 75% of glass surface for the first floor make the elevation look a
lot more modem, and it will give the project an entirely different look. The window
openings, which are 55% of the first floor wall surface, provide for sufficient visual
impact of the commercial space. In other words, there are sufficient windows for
pedestrians and automobile traffic to see into the commercial spaces. However, the
windows are broken up with columns, to create a particular rhythm along the fagade.
Increasing the glass surface to 75% will force us to provide longer surfaces of
continuous glass, changing the traditional character of the project. We would also be
force to eliminate the kick plates under the window, a traditional design element that
gives the project and elegant appearance. Together with this waiver, we respectfully
request to the Planning and Zoning Department to reconsider this recently requirement
to the LOR's. We believe a 50% glass surface requirement will give more freedom to
the designers to create traditional designs while still maintaining sufficient openness of
the commercial spaces. "
Planning and Zoning Board Staff Report
5th Avenue at Delray - Conditional Use Request
Page 15
The purpose of this requirement is to provide a pedestrian friendly shopping
environment that draws people from one building to the next and eliminates the "dead"
spaces along commercial area. It is noted that the proposed development is located
one block north of Atlantic Avenue along Federal Highway. This area will likely
experience much fewer window shoppers than along Atlantic Avenue. Furthermore, the
architectural expression of the building is unique and appealing to the public. The uses
that occupy this building will probably experience much more of their business from
destination patrons than the incidental stroller along Atlantic Avenue. Similar
circumstances on other properties would lead to the same conclusion. Consequently, a
positive finding with respect to LOR Section 2.4.7(B)(5), Waiver Findings can be made.
.. . 'ReVf.WSYOt;;ji:jl3~S i .
. H:i~
Communitv Redevelopment Aaencv (CRA):
At its meeting of August 11, 2005, the CRA reviewed the conditional use request and
recommended approval.
Downtown Development Authoritv:
At its meeting of August 8, 2005, the DDA reviewed the conditional use and
recommended approval.
Site Plan Review and Appearance Board:
If the Conditional Use requests are approved, a site plan application will be processed
for the development proposal, with final action by SPRAB.
Courtesy Notice:
Courtesy notices have been provided to the following homeowner's associations and
interested parties, which have requested notice of developments in their areas:
~ Progressive Residents of Delray (PROD)
~ President's Council
~ Delray Beach Chamber of Commerce
~ Country Club Acres
~ Marina Historic District
~ Beach Properties Owners
~ Hamlet
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. The City has received a letter in opposition to the increase in height.
Planning and Zoning Board Staff Report
5th Avenue at Delray - Conditional Use Request
Page 16
Any additional letters of support or objection, if any, will be presented at the Planning
and Zoning Board meeting.
I
'ASSESSMIiiNifA~l;)d~NCUJsi9N ...... . d...< . '.." ..<.':~I
The proposed conditional use is to allow an increase of the building height in excess of
48' (57' proposed). The increase in height is in part due to the applicants provision of
setbacks over those required for the front, which results in the reduction of the massing
of the building. The architectural design is very unique and should be an asset to the
community. It is noted that several waivers are requested to the newly adopted
Downtown Design Guidelines. These waivers can be supported given the appealing
architectural product that will be provided. With redevelopment of the site, it is noted
that there are several existing buildings on the property that should be saved and
relocated as they are a valuable resource to the City.
As described in this staff report, the request for additional height meets the criteria
established in 4.3.4(J)(4)(b). The increase in density can be supported since the
proposed development complies with all of the applicable performance standards. The
proposed use is consistent with the objectives and policies of the Comprehensive Plan
and Chapter 3 of the LOR. Positive findings can be made with respect to LOR Section
2.4.5(E)(5) regarding compatibility of the proposed development with the surrounding
properties regarding the requested increase in building height and density.
1<
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A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the conditional use
requests to allow for a building height in excess of 48' (57' proposed) and density
increase to 37.30 dwelling units per acre and waivers for 5th Avenue at Delray, by
adopting the findings of fact and law contained in the staff report, and finding that the
request is consistent with the Comprehensive Plan and meets criteria set forth in
Section 2.4.5(E)(5), 4.3.4(J)(4)(b), 4.4.13(1)[Performance Standards], 2.4.7(B)(5) and
Chapter 3 of the Land Development Regulations.
C. Move a recommendation of denial to the City Commission for the conditional use
requests for a building height in excess of 48' (57' proposed), and density increase
to 37.30 dwelling units per acre and waivers for 5th Avenue at Delray, by adopting
the findings of fact and law contained in the staff report, and find that the request is
inconsistent with the Comprehensive Plan and does not meet criteria set forth in
Section 2.4.5(E)(5), 4.3.4(J)(4)(b), 4.4.13(1)[Performance Standards], 2.4.7(B)(5) and
Chapter 3 of the Land Development Regulations.
Planning and Zoning Board Staff Report
5th Avenue at Delray - Conditional Use Request
Page 17
I
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By Separate Motion:
Waivers:
1. Recommend approval of a waiver to LOR Section 4.6.18(B)(14)(v)(1), which requires
a change in roof design, doors and window rhythm and articulation, and building
materials or textures every 150' along a building's street frontage and a minimum
spacing between the same architectural compositions of 300', subject to positive
finding with respect to LOR Section 2.4.7(B)(5).
2. Recommend approval of a waiver to LOR Section 4.6.9(D)(3)(c)(1), which requires a
stacking distance of 50' for parking lots that have 51 or more parking spaces, subject
to positive finding with respect to LOR Section 2.4.7(B)(5).
3. Recommend approval of a waiver to LOR Section 4.6.14(A)(1), to reduce the 20'
visibility triangle to a minimum of 10' at the intersection of the driveways and the
alley, subject to positive finding with respect to LOR Section 2.4.7(B)(5).
4. Recommend approval of a waiver to LOR Section 4.6.18(B)(14)(iv)(2), to reduce the
minimum transparency or glass surface area from 75% to 55%, subject to positive
finding with respect to LOR Section 2.4.7(B)(5).
Conditional Use:
Move a recommendation of approval to the City Commission for the conditional use
request to allow for a building height in excess of 48' (57' proposed) and density
increase to 37.30 dwelling units per acre for 5th Avenue at Delray, by adopting the
findings of fact and law contained in the staff report, and finding that the request is
consistent with the Comprehensive Plan and meets criteria set forth in Section
2.4.5(E)(5), 4.3.4(J)(4)(b), 4.4.13(I)[Performance Standards] and Chapter 3 of the Land
Development Regulations, subject to the following conditions:
1. That necessary extension and upgrading of utilities be provided as part of the site
plan process.
2. That the lighting levels be reduced along the east side of the building and shielded to
eliminate glare on adjacent properties and the alley.
3. That the balcony doors be French doors.
4. That the applicant contributes the cost associated with the installation of parallel
parking spaces, landscaping and street lighting along Federal Highway (Federal
Highway Beautification project).
5. That the traffic study be revised to reflect the credit for the existing uses.
Planning and Zoning Board Staff Report
5th Avenue at Delray - Conditional Use Request
Page 18
6. That required maneuvering areas at the north and south ends of the lower parking
level be provided and that the end parking spaces be striped-out.
Attachments:
. Conceptual Plans
. Location Map
Report prepared by: Scott D. Paoe. Senior Planner
MEMORANDUM
FROM:
MAYOR AND CIlY COMMISSIONERS
CIlY MANAGER U1
AGENDA ITEM q ~ - REGULAR MEETING OF OCTOBER 25. 2005
BID AWARD/SPECIAL PRODUCTS GROUP
TO:
SUBJECT:
DATE:
OCTOBER 21, 2005
This is before the Commission to consider approval of a bid award to second lowest bidder, Special
Products Group, at an estimated annual cost of $75,935.25 for the purchase of uniforms for the
Police Department.
On October 6, 2005, two (2) bids were received. The bid received from low bidder, Safety and
Security International, was incomplete. Safety and Security International did not bid on Items #15
and #16; and they did not submit uniform samples, which was a requirement in the bid
specifications.
The Administrative Services Director for the Police Department has reviewed the bids and uniform
samples and recommends awarding the bid to Special Products Group; which is our current vendor
and provides excellent service.
Funding is available from 001-2111-521-52.22 (public Safety/Uniforms/Linen), 001-2113-521-52.22
(Support Services/Uniforms/Linen), 001-2115-521-52.22 (Investigation/Special Ops./Uniforms/
Linen), 001-2117-521-52.22 (District 1/Uniforms/Linens), 001-2119-521-52.22 (District 2/
Uniforms/Linens), and 001-2121-521-52.22 (District 3/Uniforms/Linens).
Recommend approval of a bid award to second lowest bidder, Special Products Group, at an estimated
annual cost of $75,935.25 for the purchase of uniforms for the Police Department.
S:\City Clcrk\agcndamemos\CM Bid Award Special Products Group 2nd Lowest Bidder 102505
MEMORANDUM
TO: David Harden, City Manager
FROM:
Jacklyn Rooney, Purchasing Manager
~.
THROUGH: Joseph Safford, Finance Director
DATE: October 17, 2005
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING
OCTOBER 25, 2005 - BID AWARD - PURCHASE OF
UNIFORMS FOR THE POLICE DEPARTMENT
ANNUAL CONTRACT
Item Before Commission:
City Commission is requested to approve award to Special Products Group for the purchase of
uniforms for the Delray Beach Police Department at an estimated annual cost of $75,935.25.
Background:
Bids were received on October 06, 2005 from two (2) vendors all in accordance with City
purchasing policies and procedures. (Bid #2005-41. Documentation on file in the Purchasing
Office.) A tabulation of bids is attached for your review.
The Administrative Services Director for the Delray Beach Police Department has reviewed the
bids received and samples of uniforms submitted and recommends award to Special Products
Group, per attached memo dated October 13,2005. The low bidders' bid was incomplete as they
did not bid on items #15 & 16 in the bid package and in addition they did not submit samples of
their uniforms which was specified as a requirement in the bid specifications.
Special Products Group is our current vendor and they provide excellent services.
Recommendation:
Purchasing Staffrecommends award to Special Products Group for the purchase of uniforms for
the Delray Beach Police Department at estimated annual cost of $75,935.25. Funding from
account codes 001-2111-521-52.22, 001-2113-521-52.22, 001-2115-521-52.22, 001-2117-521-
52.22,001-2119-521-52.22, and 001-2121-521-52.22.
Attachments:
Memo From Police Department
Tabulation of Bids
Joseph L. Schroeder
Chief of Police
TO:
FROM:
DATE:
SUBJECT:
Delray Beach
Police Department
300 West Atlantic Avenue
Delray Beach, Florida 33444-3695
(561) 243-7888 Fax (561) 243-7816
2004
MEMORANDUM
Jackie Rooney
Purchasing
Tina Lunsford ~
Administrative Services Director
October 13, 2005
BID #2005-41
The Police Department has selected Special Products Group as the vendor for
the department uniforms, as they were the only qualifying bidder.
Tll/rmh
REceIVED
OCT 'il _
............e
Serving with P.R.I.D.E.
Professionalism, R<;f}fI!i!!,"IHf1/lrfiy~iQ!iity and Excellence
DELRAY BEACH
~
All-America City
~ 1111:
1993
2001
CITY OF DELRA Y BEACH
PURCHASE OF UNIFORMS FOR
DELRAY BEACH POLICE DEPARTMENT
Bid #2005-41
DATE: OCTOBER 06, 2005
Special Products Safety and Security
ITEM # DESCRIPTION QTY Group International
I Long Sleeve Shirt 40 $29.50 ea. $31.75 ea.
Lady-Plain, Zipper $1,180.00 $1,270.00
Officers/Supervisors
Oversize 4 $29.50 ea. $38.25 ea.
$118.00 $153.00
2 Long Sleeve Shirt 250 $29.50 ea. $29.75 ea.
Men - Plain, Zipper $7,375.00 $7,437.50
Officers/Supervisors
Oversize 70 $29.50 ea. $35.75 ea.
$2,065.00 $2,502.50
3 Short Sleeve Shirt 60 $25.50 ea. $29.75 ea.
Lady $1,530.00 $1,785.00
Officers/Supervisors
Oversize 8 $25.50 ea. $35.75 ea.
$204.00 $286.00
4 Short Sleeve Shirt 480 $25.50 ea. $27.75 ea.
Men $12,240.00 $13,320.00
Officers/Suoervisors
Oversize 280 $25.50 ea. $33.25 ea.
$7,140.00 $9,310.00
5 Pants 380 $30.75 ea. $27.75 ea.
Male $11,685.00 $10,545.00
Officers/Supervisors
Oversize 100 $30.75 ea. $33.25 ea.
$3,075.00 $3,325.00
6 Pants 45 $30.75 ea. $27.75 ea.
Female $1,383.75 $1,248.75
Officers/Supervisors
Oversize 6 $30.75 ea. $33.25 ea.
$184.50 $199.50
7 Jacket 25 $94.00 ea. $41.75 ea.
MalelFemale $2,350.00 $1,043.75
(See comments below)
Rel:s:lflnancelpurchasinglPolice Unifonns.xlslsdVl0/1212005
Pagel 013
CITY OF DELRAY BEACH
PURCHASE OF UNIFORMS FOR
DELRA Y BEACH POLICE DEPARTMENT
Bid #2005-41
DATE: OCTOBER 06, 2005
Special Products Safety and Security
ITEM # DESCRIPTION QTY Group International
8 Jacket (Windbreaker) 75 $19.50 ea. $29.75 ea.
MalelFemale $1,462.50 $2,231.25
9 Sweater 35 $39.00 ea. $87.00 ea.
MalelFemale $1,365.00 $3,045.00
10 . Tie 40 $2.75 ea. $2.50 ea.
MalelFemale $110.00 $100.00
11 P.E.S. Shirts 25 $21.50 ea. $25.75 ea.
Short Sleeves $537.50 $643.75
MalelFemale
12 C.O.P. Shirts 500 $21.50 ea. $25.75 ea.
Short Sleeves $10,750.00 $12,875.00
MalelFemale
13 BDU Trouser 50 $21.50 ea. $18.25 ea.
Twill $1,075.00 $912.50
MalelFemale
14 BDU Trouser 100 $21.50 ea. $24.00 ea.
Ripstop $2,150.00 $2,400.00
MalelFemale
15 Cargo Short 200 $33.25 ea.
Patrol Stretch $6,650.00 NO BID
Male
16 Cargo Short 45 $29.00 ea.
Patrol Stretch $1,305.00 NO BID
Female
GRAND TOTAL $75,935.25 $74,633.50
Delivery Time as Specified
in Bid Soecification? Yes
Will Extend Same Prices, Tenns
and Conditions to other
Governmental Entities? Yes Yes
Ref:s:\finance\purchasing\Police Unifonns.xls/sdV10/12/2005
Page 2 of 3
CITY OF DELRA Y BEACH
PURCHASE OF UNIFORMS FOR
DELRA Y BEACH POLICE DEPARTMENT
Bid #2005-41
DATE: OCTOBER 06, 2005
Special Products Safety and Security
ITEM # DESCRIPTION QTY Group Iuternational
Manufacturer/Catalog #: Item #1: Fechheimer Item #1: Horace Small 1188
Navy - 127R7886Z
White - 126R7800Z
Item #2: Fechheimer Item #2: Horace Small 1150
Navy - 34W7886Z
White - 33W7800Z
Item #3: Fechheimer Item #3: Horace Small 1289
Navy - 177R7886Z
White - 176R7800Z
Item #4: Fechheimer Item #4: Horace Small 1250
Navy - 87R7886Z
White - 85R7800Z
Item #5: Fechheimer 34200 Item #5: Horace Small 2149
Item #6: Fechheimer 34250 Item #6: Horace Small 2181
Item #7: Fechheimer 58120 Item #7: Tact Squad 900 I
Item #8: Auburn 20 I Item #8: Tact Sauad 1111
Item #9: Fechheimer 70 I Item #9: SFKM 5951
Item #10: Samuel Broome 900H Item #10: Samual Broome 900H
Item #ll: Fechheimer Item #ll: Horace Small 1209
Ladies - 176R5441
Mens - 85R544 I
Item #12: Fechheimer Item #12: Horace Small 1210
Ladies - 176R5435
Mens - 85R5435
Item #13: Pra':;;;.r 706 Item #13: Atlanco
Item #14: Proooer 370 Item #14: Atlanca
Item #15: SDortif618170
Item #16: Soartif630270
Comments: Item #7: Optional zip aut full
sleeve Thinsulate liner is
available for purchase. Liner is
Fechheimer Style 32740.
Price each: $36.50
Ref:s:\financelpurchasinglPolice Uniforms.xls/sdV10/12I2oo5
Page 3 of3
AGENDA ITEM NUMBER: qO
AGENDA REQUEST
Request to be placed on: October 25, 2005
Date: October 17, 2005
~ Consent Agenda _ Special Agenda _ Workshop Agenda
Description of agenda item:
Bid award to Special Products Group for the purchase of uniforms for the Defray Beach Police
Department at an estimated annual cost of $75,935.25. Pricing per Bid #2005-41.
ORDINANCE/RESOLUTION REQUIRED:
Draft Attached:
YES
YES
NO
NO
Recommendation:
Approve bid award to Special Products Group for the purchase of uniforms for the Delray Beach
Police Department at an estimated annual cost of $75,935.25. Pricing per bid #2005-41.
Funding from account codes 001-2111-521-52.22 (Public Safety), 001-2113-521-52.22 (Support
Services), 001-2115-521-52.22 (Investigation/Speclai OPS), 001-2117-521-52.22 (District I), 001-
2119-521-52.22 (District 2) and 001-2121-521-52.22 (District 3).
Department Head Signature:
c-~~~~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (re~11n all items involving expenditure of funds):
Funding available: ~\./..:;S:S No
Funding aiternatives: (if applicable)
Account Number:
.Jk( fA. fI i (0/ tIYl
UnilorMS
-/. '3~. /01.
,
aCrY,JUJl--f"s
({ b OJ/ <--
Account Description:
Account Balance:
City Manager Review:
Approved for agenda: G;4 No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved
Disapproved
Community
Improvement
ex,
OJJ\
Memo
From:
David Harden, City Manager ~ ~
Lula Butler, Director, Community Improvement ~
To:
Date: October 20, 2005
Re: Agreements Between the City of Delray Beach and the Community Child Care
Center and Children's Case Management Organization for Beacon Center Services
ITEM BEFORE THE COMMISSION:
Approval of the Agreements between the City of Delray Beach and the Community Child
Care Center (CCCC) and Children's Case Management Organization (CCMO) as the non-
profit providers of services at the Village Academy Beacon Center, pursuant to the City's
contract with Children's Services Council of Palm Beach County (CSC).
BACKGROUND:
The City of Defray Beach is designated as the Central Agency for funds awarded by CSC for
the Beacon Center at Village Academy. The totaf grant awarded to the City is $795,547.
The agreements formalizes the partnership between the City and the two non-profit partners
for fiscal year 2005-06 and is inclusive of the grant amount awarded to each partner and the
programs and services to be carried out. The City continues to provide the fiscal and
program monitoring of the non-profit partners perfonnance, pursuant to the requirements of
CSC.
RECOMMENDATION:
Staff is recommending approval of the agreements between the City and the Community
Child Care Center and Children's Case Management Organization as the non-profit partners
providing services at the Beacon Center at Village Academy Elementary School.
LB:DQ
Attachments
qE.
AGREEMENT
THIS AGREEMENT, made this day of , 2005, by and between the
CITY OF DELRAY BEACH, a municipal corporation, (City), 100 NW 1st Avenue, Delray
Beach, FL 33444 and Children's Case Management Organization, 1720 E. Tiffany Drive, Suite
101, West Palm Beach, FL 33407.
WITNESSETH:
WHEREAS, the City received a grant in the amount not to exceed $795,547 from the
Children's Service Council (CSC) of Palm Beach County, in support of the Beacon Center at
Village Academy Elementary School, located at 400 SW 12th Avenue, Delray Beach, FL, 33444.
WHEREAS, the City desires to subcontract with the Children's Case Management
Organization a local not-for profit organization, to carry out the Service and activities associated
with the Beacon Center at Village Academy Elementary School.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency
which are hereby acknowledged, the parties hereby agree as follows:
1. Incorporation of Recitals. The parties hereby represent and warrant that the above
recitals are accurate and correct and hereby incorporate them as if fully set forth
in this Agreement.
2. Term: This agreement shall commence on October 1, 2005 and terminate on
September 30, 2006 with an option to renew annually. This Agreement shall be
contingent upon the City's receipt of grant money from the Children's Service
Council of Palm Beach County for the Beacon Center at Village Academy
Elementary School.
3. Pavment: Subject to Paragraph 2 above, transfers from the City to CCMO will
be made in accordance with the following procedures:
a) The City agrees to reimburse to CCMO for provision of services described in Exhibit "A"
(consisting of the Program Compliance Items) attached hereto and made a part hereof;
composite Exhibit "B" (consisting of the City's Budget, attached hereto and made a part
hereof; and Exhibit "c" (consisting of the Beacon Center Activities) attached hereto and
made a part hereof to the extent provided in subparagraph c) below. It is expressly
understood and agreed, by and between the parties, that the services to be rendered
hereunder by CCMO shall be provided in compliance with all terms and conditions set
forth in the Exhibits "A", "B" and "c" as well as the terms and conditions of this formal
Agreement between the City and CCMO.
b) The total Payment for services rendered pursuant to this Agreement shall be up to
$171,247 for October 1,2005 through September 30,2006 and made to CCMO monthly
on a reimbursement basis. CCMO shall submit an invoice to the City by the 10th day of
each month following the month in which the services were provided. The invoice will
1
include documentation reflecting all expenditures made by CCMO under this Agreement,
in whatever form reasonably required by City. Subject to the availability of funds, the
City will provide reimbursement to CCMO within 30 days after receipt of the invoice.
CCMO shall submit a final invoice to the City no later than September 30, 2005 (with
appropriate documentation). The City will not reimburse CCMO for any expenditure
made by CCMO under this Agreement that is submitted after September 30, 2005.
The City has the discretion to decrease CCMO's allocation based upon the
program's inability to meet the parimeters outlined in the program model and/or
the inability to maintain program capacity based upon quarterly reviews.
4. Reduction in Pavrnent: Notwithstanding anything herein to the contrary, the
parties agree that the dollar amount set forth in paragraph 3 above may be reduced
in the event that the City determines that CCMO will not spend the entire amount
allocated by September 30th fiscal year end. This determination may be made (a)
during the course of reviewing a budget revision submitted by CCMO pursuant to
the City's procedures or (b) based upon the City's monitoring of CCMO's
program and its expenditure history. Before any such reduction becomes final,
CCMO will be notified in writing of the proposed action and shall have the
opportunity to address the City's Board regarding the proposed reduction. The
decision of the City's Board on this issue shall be final. If the City reduces the
dollar amount, CCMO may terminate this Agreement upon five (5) days notice in
writing to the City. The City shall reimburse CCMO for all monies expended up
to and including the effective date ofthe termination.
5. Ovemavrnent: CCMO agrees to return to the City any overpayments made
through inadvertence or miscalculation or because payment is disallowed as not
having been properly earned under this Agreement. Such funds shall be refunded
in. full by CCMO to the City as follows:
a. Within twenty (20) days from the date of written notification by the City
to CCMO of overpayment or disallowance; or
b. Within thirty (30) days following the end of this Agreement.
c. The City shall have the right to deduct from any subsequent payment
request submitted by CCMO, the amount of any overpayments or
disallowed funds.
6. Suspension ofPavrnent of Funds: The City may, for reasonable cause, suspend
the payment of funds pending corrective action by CCMO or pending a decision
by the City to terminate this Agreement. The City may, for reasonable cause,
prohibit CCMO from incurring additional obligation of any funds received from
the City, pending corrective action by CCMO or a decision to terminate this
Agreement. Said suspension of payment of funds or obligation thereof may apply
to all or part ofCCMO's operations funded by the City.
2
7. CCMO agrees to comply with all CSC certification documentation requirements
including, but not limited to:
.
CSC Nepotism Policy Certification;
Personnel Policies and Procedures;
Job Descriptions of all funded staff positions;
Certificates of insurance (liability, and theft and auto if capital equipment or
vehicle was purchased with Contractor funds);
License(s) to operate agency/program, if applicable;
Current list of Subcontractor's board members;
Sales Tax Exemption Certificate;
Service site(s) Fire Inspection Certificate(s), if applicable;
Service site(s) Health Inspection Certificate(s), if applicable
.
.
.
.
.
.
.
.
Said documentation will be retained on file with the City.
8. The CCMO agrees to provide program data on a quarterly basis, and in a format
as requested by the City, as well as fiscal reports as requested by City.
9. Indemnification: CCMO shall defend, indemnity, save harmless and exempt the
City, its officers, agents, servants, and employees from and against any and all
suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and
attorneys fees resulting from injury to or death of persons or damage to property
arising out of or resulting from the Contract or from work done by CCMO or its
subcontractors in the performance of the Contract except to the extent caused by
the sole negligence 'of or breach of contract by the City. In connection with any
legal proceedings arising hereunder, the City reserves the right to retain counsel
of its choice and at its own expense, or in the alternative, to approve counsel
obtained by CCMO.
10. Independent Contractor: CCMO is performing the services and duties
required hereunder as an independent contractor and not as an employee, agent,
partner of, or joint venture with the City. CCMO shall assume sole and exclusive
responsibility for the payment of wages to all employees for services performed
by them under this Agreement. CCMO shall, with respect to said employees, be
responsible for withholding federal income taxes, paying federal social security
taxes, maintaining unemployment insurance and maintaining worker's
compensation coverage in amounts required by applicable federal and state law.
II. Insurance: CCMO shall provide the City with Comprehensive General Liability
Insurance in the amount of $1,000,000.00 per occurrence naming the City as an
additional insured, with a thirty (30) days notice of cancellation provision.
CCMO shall provide Worker's Compensation Insurance as required by law and
Automobile Insurance in the amount of $500,000.00, naming the City as an
additional insured.
3
12. Notices: All notices required hereunder shall be in writing and shall be addressed
to the following representative of the part parties:
For the City:
David Harden, City Manager
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
For CCMO:
Julie Swindler
Executive Director
1720 E. Tiffany Drive Suite 101
West Palm Beach, FL 33407
13. Termination: In the event funds to finance this Agreement become unavailable
to the City, the City may terminate this Agreement upon no less than five (5) days
written notice to CCMO. The City shall be the final authority as to the
availability of funds.
Notwithstanding any other provision of this Agreement, the City may terminate
this Agreement for any breach by CCMO. If the City intends to terminate this
Agreement, notice shall be provided in writing to CCMO no less than twenty-four
(24) hours prior to the effective date of the termination. The City's failure to
terminate or suspend a CCMO for past breaches of this Agreement shall not be
construed as a waiver of its right to demand strict compliance with the terms of
the Agreement or to terminate for said breaches or similar breaches, and shall not
be construed to be a modification of the terms ofthe Agreement.
In addition, CCMO and the City may each terminate this contract with or without
cause provided that CCMO or City shall give sixty (60) days notice in writing to
City or CCMO. The City shall reimburse CCMO for all monies CCMO has
expended up to and including the effective date of the termination and CCMO
shall do the same.
14. Venue/Laws. This Agreement shall be governed by the Laws of the State of
Florida and venue shall be in Palm Beach County, forsaking any other jurisdiction
which either party may claim by virtue of residency.
15. Entire Agreement. This Agreement along with Exhibits "A", "B" and "c"
attached hereto shall constitute the entire Agreement of the parties with respect to
the subject matter of it. All prior understanding and agreements between the
parties with respect to such maters are merged into this Agreement, which alone
fully and completely expresses their understanding. Modifications to this
Agreement must be made in writing and mutually agreed to by the parties.
4
16. Assignment or Transfer. This Agreement may not be assigned or transferred by
CCMO in whole or part without the written consent of the City.
IN WITNESS WHEREOF, the parties have entered into this Agreement on the day and
year first above written.
ATTEST:
CITY OF DELRA Y BEACH, FLORIDA
By:
City Clerk
Jeff Perlman, Mayor
Approved as to Legal Form:
City Attorney
WITNESS:
CHILDREN'S CASE MANAGEMENT
ORGANIZATION
By:
Signature
Julie Swindler, Executive Director
Print Name
Signature
Print Name
5
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AGREEMENT
THIS AGREEMENT, made this day of , 2005, by and between the
CITY OF DELRAY BEACH, a municipal corporation, (City), 100 NW 1st Avenue, Delray
Beach, FL 33444 and Community Child Care Center of Delray Beach, 555 NW 4th Street,
Delray Beach, FL 33444.
WITNESSETH:
WHEREAS, the City received a grant in the amount not to exceed $795,547 from the
Children's Service Council (CSC) of Palm Beach County, in support of the Beacon Center at
Village Academy Elementary School, located at 400 SW 12th Avenue, Delray Beach, FL, 33444.
WHEREAS, the City desires to subcontract with the Community Child Care Center a
local not-for profit organization, to carry out the Service and activities associated with the
Beacon Center at Village Academy Elementary School.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency
which are hereby acknowledged, the parties hereby agree as follows:
1. Incorporation of Recitals. The parties hereby represent and warrant that the above
recitals are accurate and correct and hereby incorporate them as if fully set forth
in this Agreement.
2. Term: This agreement shall commence on October I, 2005 and terminate on
September 30.; 2006 with an option to renew annually. This Agreement shall be
contingent iIpon the City's receipt of grant money from the Children's Service
Council of Palm Beach County for the Beacon Center at Village Academy
Elementary School.
3. Pavrnent: Subject to Paragraph 2 above, transfers from the City to CCCC will
be made in accordance with the following procedures:
a) The City agrees to reimburse to CCCC for provision of services described in Exhibit "A"
(consisting of the Program Compliance Items) attached hereto and made a part hereof;
composite Exhibit "B" (consisting of the City's Budget, attached hereto and made a part
hereof; and Exhibit "c" (consisting of the Beacon Center Activities) attached hereto and
made a part hereof to the extent provided in subparagraph c) below. It is expressly
understood and agreed, by and between the parties, that the services to be rendered
hereunder by CCCC shall be provided in compliance with all terms and conditions set
forth in the Exhibits "A", "B" and "C" as well as the terms and conditions ofthis formal
Agreement between the City and CCCC.
b) The total Payment for services rendered pursuant to this Agreement shall be up to
$624,300 for October 1,2005 through September 30,2006 and made to CCCC monthly
on a reimbursement basis. CCCC shall submit an invoice to the City by the 10th day of
each month following the month in which the services were provided. The invoice will
I
include documentation reflecting all expenditures made by CCCC under this Agreement,
in whatever form reasonably required by City. Subject to the availability of funds, the
City will provide reimbursement to CCCC within 30 days after receipt of the invoice.
CCCC shall submit a final invoice to the City no later than September 30, 2005 (with
appropriate documentation). The City will not reimburse CCCC for any expenditure
made by CCCC under this Agreement that is submitted after September 30, 2005.
The City has the discretion to decrease CCCC's allocation based upon the
program's inability to meet the parameters outlined in the program model and/or
the inability to maintain program capacity based upon quarterly reviews.
4. Reduction in Payment: Notwithstanding anything herein to the contrary, the
parties agree that the dollar amount set forth in paragraph 3 above may be reduced
in the event that the City determines that CCCC will not spend the entire amount
allocated by September 30th fiscal year end. This determination may be made (a)
during the course of reviewing a budget revision submitted by CCCC pursuant to
the City's procedures or (b) based upon the City's monitoring of CCCC's
program and its expenditure history. Before any such reduction becomes final,
CCCC will be notified in writing of the proposed action and shall have the
opportunity to address the City's Board regarding the proposed reduction. The
decision of the City's Board on this issue shall be fmal. If the City reduces the
dollar amount, CCCC may teinlinate this Agreement upon five (5) days notice in
writing to the City. The City shall reimburse CCCC for all monies expended up
to and including the effective date of the termination.
5. Overpayment: CCCC agrees to return to the City any overpayments made
through inadvertence or miscalculation or because payment is disallowed as not
having been properly earned under this Agreement. Such funds shall be refunded
in full by CCCC to the City as follows:
a. Within twenty (20) days from the date of written notification by the City
to CCCC of overpayment or disallowance; or
b. Within thirty (30) days following the end of this Agreement.
c. The City shall have the right to deduct from any subsequent payment
request submitted by CCCC, the amount of any overpayments or
disallowed funds.
6. Suspension ofPavment of Funds: The City may, for reasonable cause, suspend
the payment of funds pending corrective action by CCCC or pending a decision
by the City to terminate this Agreement. The City may, for reasonable cause,
prohibit CCCC from incurring additional obligation of any funds received from
the City, pending corrective action by CCCC or a decision to terminate this
Agreement. Said suspension of payment of funds or obligation thereof may apply
to all or part ofCCCC's operations funded by the City.
7. CCCC agrees to comply with all CSC certification documentation requirements
including, but not limited to:
2
. CSC Nepotism Policy Certification;
. Personnel Policies and Procedures;
. Job Descriptions of all funded staff positions;
. Certificates of insurance (liability, and theft and auto if capital equipment or
vehicle was purchased with Contractor funds);
. License(s) to operate agency/program, if applicable;
. Current list of Subcontractor's board members;
. Sales Tax Exemption Certificate;
. Service site(s) Fire Inspection Certificate(s), if applicable;
. Service site(s) Health Inspection Certificate(s), if applicable
Said documentation will be retained on file with the City.
8. The CCCC agrees to provide program data on a quarterly basis, and in a format as
requested by the City, as well as fiscal reports as requested by City.
9. Indemnification: CCCC shall defend, indemnity, save harmless and exempt the
City, its officers, agents, servants, and employees from and against any and all
suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and
attorneys fees resulting from injury to or death of persons or damage to property
arising out of or resulting from the Contract or from work done by CCCC or its
subcontractors in the performance of the Contract except to the extent caused by
the sole negligence of or breach of contract by the City. In connection with any
legal proceedings arising hereunder, the City reserves the right to retain counsel
of its choice and at its own expense, or in the alternative, to approve counsel
obtained by CCCC.
10. Independent Contractor: CCCC is performing the services and duties
required hereunder as an independent contractor and not as an employee, agent,
partner of, or joint venture with the City. CCCC shall assume sole and exclusive
responsibility for the payment of wages to all employees for services performed
by them under this Agreement. CCCC shall, with respect to said employees, be
responsible for withholding federal income taxes, paying federal social security
taxes, maintaining unemployment insurance and maintaining worker's
compensation coverage in amounts required by applicable federal and state law.
II. Insurance: CCCC shall provide the City with Comprehensive General Liability
Insurance in the amount of $1,000,000.00 per occurrence naming the City as an
additional insured, with a thirty (30) days notice of cancellation provision. CCCC
shall provide Worker's Compensation Insurance as required by law and
Automobile Insurance in the amount of $500,000.00, naming the City as an
additional insured.
12. Notices: All notices required hereunder shall be in writing and shall be addressed
to the following representative ofthe part parties:
3
For the City:
David Harden, City Manager
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
For CCCC:
Nancy Hurd
Executive Director
555 NW 4th Street
Delray Beach, FL 33444
13. Termination: In the event funds to finance this Agreement become unavailable
to the City, the City may terminate this Agreement upon no less than five (5) days
written notice to CCCC. The City shall be the final authority as to the availability
of funds.
Notwithstanding any other provision of this Agreement, the City may terminate
this Agreement for any breach by CCCC. If the City intends to terminate this
Agreement, notice shall be provided in writing to CCCC no less than twenty-four
(24) hours prior to the effective date of the terminatioIL The City's failure to
terminate or suspend a CCCC for past breaches of this Agreement shall not be
construed as a waiver of its right to demand strict compliance with the terms of
the Agreement or to terminate for said breaches or similar breaches, and shall not
be construed to be a modification of the terms ofthe Agreement.
In addition, CCCC and the City may each terminate this contract with or without
cause provided that CCCC or City shall give sixty (60) days notice in writing to
City or CCCC. The City shall reimburse CCCC for all monies CCCC has
expended up to and including the effective date of the termination and CCCC
shall do the same.
14. Venue/Laws. This Agreement shall be governed by the Laws of the State of
Florida and venue shall be in Palm Beach County, forsaking any other jurisdiction
which either party may claim by virtue of residency.
15. Entire Agreement. This Agreement along with Exhibits "A", "B" and "c"
attached hereto shall constitute the entire Agreement of the parties with respect to
the subject matter of it. All prior understanding and agreements between the
parties with respect to such maters are merged into this Agreement, which alone
fully and completely expresses their understanding. Modifications to this
Agreement must be made in writing and mutually agreed to by the parties.
16. Assignment or Transfer. This Agreement may not be assigned or transferred by
CCCC in whole or part without the written consent of the City.
4
IN WITNESS WHEREOF, the parties have entered into this Agreement on the day and
year first above written.
ATTEST:
CITY OF DELRA Y BEACH, FLORIDA
By;
City Clerk
Jeff Perlman, Mayor
Approved as to Legal Form;
City Attorney
WITNESS:
COMMUNITY CHILD CARE CENTER
By:
Signature
Nancy Hurd, Executive Director
Print Name
Signature
Print Name
5
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EXllIBIT "B"
1 -Current & Proposed Operating Expense
2 - Salary & Fringe Preparation
3 - Salary &Fringe Preparation Narrative
4 - Source of Revenue
5 -.Sourceof Revenue Narrative
~
Exhibit B1
BEACON CENTER AT VILLAGE ACADEMY [- 475]
CURRENT & PROPOSED OPERATING BUDGET
(ROUND NUMBERS UP TO THE NEAREST DOLLAR)
(1) (2) (3) (4) (S) (6)
ACCn TITLE 04-05 OS-06 04-05 05-06
PROG. PROG. % %
BUDG. BUDG. CHG. ALLOC. ALLOC. .CHG.
Salary Accounts:
569.120 Regular Salaries and Wages $0 $0 0% $0 $0 0%
Total Salary :
$0
$0
0%
$0
$0
0%
Fringe Accounts:
569.210 FICA $0 $0 0% $0 $0 0%
569.220 Retirement Contributions $0 $0 0% $0 $0 0%
569.230 Life and Heatth Insurance $0 $0 0% $0 $0 0%
569.240 Workers Compensation $0 $0 0% $0 $0 0%
569.250 Unemploymerit Compensation $0 $0 0% $0 $0 0%
Total Fringe:
$0
$0
0%
$0
$0
0%
OperaUng Expense Accounts:
600.101 TraveVTransportation $0 $0 0% $0 $0 0%
600.102 ConferenceslRegistrationITravel $0 $0 0% $0 $0 0%
600.301 Telephone $0 $0 0% $0 $0 0%
600.302 Postage & Shipping $0 $0 0% $0 $0 0%
600.303 Utilities (PowerlWater/Gas) $0 $0 0% $0 $0 0%
600.401 Office Supplies $0 $0 0% $0 $0 0%
600.402 Program Supplies $0 $0 0% $0 $0 0%
600.403 Printing $0 $0 0% $0 $0 0%
600.601 Professional Fees $0 $0 0% $0 $0 O",{,
Agency: City of Delray Beach
Contract: 05-47S
Page 1 01 2
08l22lOS 2:33:36 PM
Status: Approved
(1) (2) (3) (4) (5) (6)
04-{)5 05-{)6 04-{)5 05-06
ACCTII TITLE
PROG. PROG. % %
BUDG. BUDG. CHG. ALLOC. ALLOC. CHG.
600.602 Insurance $0 $0 0% $0 $0 0%
600.603 BuDding Maintenance $0 $0 0% $0 $0 0%
600.604 Equipment RentaVMaintenance $0 $0 0% $0 $0 0%
600.605 Specific Assistance to Individuals $0 $0 0% $0 $0 0%
600.606 Dues & Subscription $0 $0 0% $0 $0 0%
600.607 Training & Development $0 $0 0% $0 $0 0%
600.608 Awards & Grants $0 $1.159,672 100% $0 $795.547 100%
600.609 Sponsored Events $0 $0 0% $0 $0 0%
600.610 Payments to Affiliated Organizations $0 $0 0% $0 $0 0%
600.611 Miscellaneous $0 $0 0% $0 $0 0%
600.201 BuDding Space/Renl $0 $0 0% $0 $0 0%
600.501 Food Service $0 $0 0% $0 $0 0%
600.701 Indirect Cost $0 $0 0% $0 $0 0%
600.801 Capital Expenses (Equipment) $0 $0 0% $0 $0 0%
Total Opemtlng Expense:
$0 $1,159.672 100%
$0
$795,547 100%
Total Program Expenses:
$0 $1,159,672 100".4
$0
$795,547 100%
Agency: City of Delray Beach
Contract: 05-475
Page 2 Of 2
08122105 2:33:36 PM
Stalus: Approved
rew
I New
Agency: City of Delray Beach
Contract: 05-475
Exhibit B2
BEACON CENTER AT VILLAGE ACADEMY [- 475]
SALARY AND FRINGE PREPARATION
FISCAL YEAR 05-06
I 0% I
I TOTALS I
$01
$01
$01
$0 I
$01
$0 I
cy.nme Gross Salary In Fringe In Request For Request For salary
Position Employee In salary Program Program salary Fringe FundIng %
ll5-O6 05-06 ll5-O6 05-06 . ll5-O6
Page 1 Of 1
$0 I
$0 I
$0 I o.~kl
$0 I O.OO"A. I
08122/05 2:33:36 PM
Status: Approved
Exhibit B3
BEACON CENTER AT VILLAGE ACADEMY [- 475]
SALARY AND FRINGE PREPARATION NARRATIVE
FISCAL YEAR 05-06
ACCOUNT #
ACCOUNT NAME
DERIVATION OF FIGURES AND
JUSTIFICATION OF
INCREASElDECREASE OR OrnER
EXPLANATION AS NEEDED
LINE ITEM $
AMOUNT
PERCENT
INCREASE!
DECREASE
569.120 RegtJlar Salaries and $0 0%
Wages
569.210 FICA $0 0%
569.220 Retirement $0 0%
Contributions
569.230 Ufe and Health $0 0%
Insurance
569.240 Workers Compensation $0 0%
569.250 Unemployment $0 0%
Compensation
Agency: City of Delray Beach
Contract: 05-475
Page 1 Of 3
08122105 2:33:36 PM
Status: Approved
, .
DERIVATION OF FIGURES AND LINE ITEM $ PERCENT
JUSTIFICATION OF AMOUNT INCREASE!
ACCOUNT # ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREASE
EXPLANATION AS NEEDED
I
OPERATING EXPENSE BUDGET NARRATIVE
600.101 Travevrransportation $0 0%
Original Budget Calculation
=O-tO
600.102 ConIerenceslRegistralio $0 0%
nlTravel
Original Budget Calculation
=O-tO
6OO.3Ot Telephone $0 0%
Original Budget Calculation
=O-tO
600.302 Postage & Shipping $0 0%
Original Budget Calculation
=O-tO
600.303 Utilities $0 0%
(PowerlWaterlGas)
Original Budget Calculation
=O-tO
600.401 Office Supplies $0 0%
Original Budget Calculation
=O-tO
600.402 Program Supplies $0 0%
Original Budget Calculation
=0+0
600.403 Printing $0 0%
Original Budget Calculation
- =O-tO
6OO.60t Professional Fees $0 0%
Original Budget Calculation
=O-tO
600.602 Insurance $0 0%
Original Budget Calculation
=O-tO
600.603 Building Maintenance $0 0%
Original Budget Calculation
=O-tO
600.604 Equipment $0 0'%
Rental/Maintenance
Original Budget Calculation
=O-tO
Agency: City 01 Delray Beach
Contract: 05-475
Page 2 01 3
08122105 2:33:36 PM
Status: Approved
DERIVATION OF FIGURES AND UNE ITEM $ PERCENT
JUSTlRCATION OF AMOUNT INCREASE!
ACCOUNT # ACCOUNT NAME INCREASElDECREASE OR OTHER DECREASE
EXPLANATION AS NEEDED
600.605 Specific Assistance to $0 0%
Individuals
OrIginal Budget Calculation
=O-Hl
600.606 Dues & Subscrlption $0 0%
Original Budget Calculation
=0+0
600.607 Training & DeveJopment $0 0%
Original Budget Calculation
=0+0
600.608 Awards & Grants $I,t59,672 100%
8/10120058/10120058/1012005 8/1012005 8/1012005
8/10120058/10120058/10120058/10120058/1012005
GCMD's share is $171247 for social services;
Community Chnd Care Cenle(s share is $624300
fOf comprehensive wrap around programs for
extetided day services for students and families.
Original Budget Calculation
=624300+171247+364125
600.609 Sponsored Events $0 0%
Original Budget Calculation
=O-Hl
6OO.6tO Payments to Affiliated $0 0%
Organizations
Original Budget Calculation
=O-Hl
600.611 Miscellaneous $0 0%
Original Budget Calculation
=O-Hl
600.201 Bulding SpacelRent $0 0%
Original Budget Calculation
=0+0
600.501 Food Service $0 0%
OrIginal Budget Calculation
=0+0
600.701 Indirect Cost $0 0%
Original Budget Calculation
=O-Hl
600.801 Capital Expenses $0 0%
(Equipment)
Original Budget Calculation
=O-Hl
Agency: City of Delray Beach
Contract: 05-475
Page 3 Of 3
08122105 2:33:36 PM
S1atus:Approved
Exhibit B4
Beacon Center at Village Academy [- 475]
SOURCES OF REVENUE
03-04 04-05 04-05 . 04-05 05-06 05-06 05-06 Percent
Funder Type!Funder Total Budget Amend Total Budget Amend Total Increasel
Dec::tease
Government
City 01 Delray Beach $0 $0 $0 $0 $80,125 $0 $80,125 100%
Department 01 Education $0 $0 $0 $0 $44,000 $0 $44,000 100%
$0 $0 $0 $0 $124,125 $0 $124,125 100%
Non-CSC
ParlfclpantFaes $0 $0 $0 $0 $43,000 $0 $43,000 100%
UnRoo Way $0 $0 $0 $0 $22,000 $0 $22,000 100%
$0 $0 $0 $0 $65,000 $0 $65,000 100%
Other
PriVate Foundations $0 $0 $0 $0 $175,000 $0 $175,000 100%
$0 $0 $0 $0. $175,000 $0 $175,000 100%
Grand Total $0 $0 $0 $0 $364,125 $0 $364,125 100%
FY 05-06 Totals
Total Program Revenue $1,159,672
Total Program Budget $1,159,672
Difference $0
Total CSC Allocallon $795,547
Agency: City of Delray Beach
Contract: 05-475
Page 1 Of 1
08/22J05 2:33:36 PM
Status: Approved
Exhibit B5
Beacon Center at Village Academy [- 475]
SOURCES OF REVENUE
NARRATIVE
FunderType{Funder
FY 05-06 Total
Narrative
Government
city 01 Defray Beach
$80,125
City support for sponsored events
Depar1ment of Education
$44,000
Century 21 awarded from Palm Beach Cty School Disl
Non-CSC
Participant Fees
$43,000
Parent fees
United Way
$22,000
annual allocation
Other
Private Foondalions
$175,000
sum total from 2 private foundation for staff position and other
operating costs
Agency: City ofDelray Beach
Contract: 05-475
Page 1 01 1
08122105 2:33:36 PM
Status: Approved
EXHIBIT "C"
Budget SUinmary Form
BUDGET SUMMARY FORM
2005-2006
Agency Name: City of Delray Beach
Agency Funded
by CSC Since: Aug-04
Program Name: Beacon Center at Village Academy
Program Funded
by CSC Since: Aug-04
Total Clients (Program)
. Select 1 Capacity
Children
450
Families:
Employees Funded by CSC (FTE) 11.00
2004-2005
BUDGET
2005-2006
BUDGET
$
CHANGE
PROGRAM
CSC Funds
T olal Pro ram Bud et
CSC % of Program Budget
AGENCY
Total Agency Budget
Total CSC Funds (Agency)
CSC % of Agency Budget
$ 766,676.00
$ 766,676.00
100.00%
$ 795,547.00
$ 795,547.00
100.00%
$ 147,689,410.00 $
$ 766,676.00 $
0.52%
150,795,547.00
795,547.00
0.53%
CSC Cost per Client
(Capacity, Children, Family)
Instructions
1 Complete agency and program name and indicate date when CSC first funded each.
2 Give number of clients to be served by the CSC funded program by selecting only one of either
capacity or children or families.
3 Complete HE's funded by CSC by adding percent of funded positions (whole or part) as noted in
column 8 of Form A.1. Note 100% = 1 FTE.
4 Complete other fiscal information for your program and agency giving comparison with previous year,
dollar change and percentage change.
5 Leave section "For CSC Use Only" blank
$1,767.88
EXHIBIT "D"
Conditions of Award
CONTRACT: 05-475
AGENCY: City of Delray Beach - Parks & Recreation
PROGRAM: Beacon Center at Village Academy
CONDITIONS OF AWARD
I. PROGRAMMATIC
A. Issues or infonnation to be furnished or resolved within sixty (60) days of
execution of contract: N/A
B. Conditions to be observed throughout contract:
1. A designated Provider representative(s) must attend and participate in all appropriate
scheduled provider meetings held by the Council and/or staff.
2. Programs will make every effort to obtain staff that has the cultural competency and
language skills to work successfully in the community with the population being
served.
3. Representatives of all programs receiving funding through the Council will attend
monthly meetings of the Palm Beach County Out-of-School Consortium.
4. All staff funded through the Council who have direct contact with children must
complete ten (10) hours of annual in-service training in developmentally appropriate
practices. This training is not inclusive of First Aid and CPR courses.
5. All programs must participate in training concerning special needs children as offered
through the Inclusion Project.
6. At least one (1) adult on location or site must hold a current first aid certification
evidenced by a valid card in a Red Cross standard first aid course or a comparable
course, and at least one (1) adult must hold current certification evidenced by a valid
card in child and adult cardiopulmonary resuscitation. At least one (1) adult with each
or both qualifications shall be present at all times that children are in the care of the
program whether such children are on site, on a field trip, or being transported.
7. Provider will become an active member of its Family and Community Partnership by
participation in quarterly meetings and other community meetings.
8. Directors of Beacons Centers are responsible for submitting monthly reports to the
appropriate program specialist by the date specified. (i.e., monthly utilization reports,
monthly calendars for the next month and. monthly narratives by the fifth of every
month.)
9. Each Beacon Center will recruit, maintain and support a Community Advisory
Council which is representative of the school community including a majority of
CSC _DOCS-#37988-v1.Merged_ COA_. _Beacon_ Cenlen,-O!Hl6.DOC
parents and youth and is consulted at least quarterly about programs existing within
the Beacon and additional projects and community needs.
10. Each Beacon Center will obtain and share with CSC, Letters of Agreement (LOA), or
Memorandum of Understanding (MOU) with the school, and all co-located programs.
(i.e. FCP, Boy and Girls Scouts, Parenting Center, etc.)
11. Based on the law and/or best practices, volunteers must be screened, trained, and
receive ongoing supervision by qualifies professionals.
12. Providers receiving funding from the Council will have a disaster/evacuation plan in
place to protect staff and property, and to ensure the program's ability to continue
essential function for the community.
13. Provider will notify CSC of any changes that affect the provision of the services, such
as changes in personnel.
14. Providers will comply with the Council's Agency Administration and Govemance and
Nepotism policies.
15. All staff working in Council funded programs will follow the child abuse requirements
under Florida law.
CSC _D0CS4I3798ll-v1-Merged_ COA_-_Beacon_ Centers_05-06.DOC
II. FISCAL
A. Issues or information to be furnished or resolved within sixty (60) days of
execution of contract.
N/A
B. Conditions to be observed throughout contract.
1. The provider agrees to notify CSC of any anticipated cash shortages within 24 hours
of receipt of that information.
2. If any fees are generated by the Council's funded program in excess of the amount
budgeted, the Provider will notify the Council staff of the excess revenues andplans
to expend such fees. The Provider agrees to prioritize the use of excess fees in the
following order:
a. Increase the number of dients attending the program within licensed capacity.
b. Purchase those items which would be considered "enhancements. to the service
being provided in order to improve the quality of the program.
c. Reduce the Council's funding by the amount of the excess fees received.
. 3. All fees generated by the Council funded program will be recorded in a separate
revenue account.
CSC_DOCS4137983-v1-Merged_ CO^-"_Beacon_ Cenlers_05-06.DOC
III. ADMINISTRATIVE
The following special conditions are to be observed throughout the contract:
1. Provider agrees to verify and submit updated information twice yearly to the
community health and human services agency/program database managed by The
Center for Information & Crisis Services.
2. Provider will conduct an agency-wide self-assessment in collaboration with the
Agency Certification Initiative using the Agency Certification Tool and implement the
necessary quality improvement steps in preparation for the agency certification
process.
3. Provider will authorize the Agency Certification Initiative to share the results of the
Agency Certification Tool and any reports generated from consequent techhical
assistance, with the Children's Services Council.
CSC_DOCS-#37986-v1-Merge(C COA...Beacon_ Centers O~.DOC
Date: October 20, 2005
Agenda Item No. c\:s
AGENDA REQUEST
Agenda request to be placed on:
_X _ Regnlar
_ Special
_ Workshop
Consent
When: October 25, 2005
Description of Agenda Item:
Approval of Agreements Between the City and Community Child Care Center and
Children's Case Management Organization for Beacon Center Services
OrdinanceIResolution Required: Yes / No
Draft Attached: Yes / No
Recommendation: Approval
Department Head Signature:
N'L!~.
-
City Attorney ReviewIRecommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No
Funding Alternatives:
Account # & Description:
(if applicable)
City Manager Review: ;11.-- -;Ju..- G:Y;;~_~:-e~
Approved for agenda:@~\ No -;tL "'yJ2RAJ,X ? JP",_v4 ~
Hold Until: zrf"i
I
Agenda Coordinator Review:
Received;
Action: Approved / Disapproved
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER orv1
AGENDA ITEM # q~ - REGULAR MEETING OF OCTOBER 25. 2005
OLD SCHOOL SOUARE PARKING GARAGE CM AT RISK CONTRACT
SUBJECT:
DATE:
OCTOBER 21,2005
This item is before the Commission to consider approval of the Selection Committee's rankings of the Request For
Proposals (RFP's) for the Old School Square Parking Garage CM At Risk and authorize staff to proceed with
contract negotiations with the top ranked firm, Catalfumo Construction, Ltd.
On September 22, 2005, the closing date for submittals, packages were received from the following firms:
. Kaufman Lynn General Contractors
. Bluewater Builders, Inc.
. Catalfumo Construction, Ltd.
. Roepnack Construction
. Stiles Construction Co.
. Suffolk Construction Co., Inc.
A seven member project review committee performed individual evaluations of the six (6) responses, scoring each
response according to Phase I Evaluation and Scoring Criteria. Based on the criteria, comparative rankings were
established for the respondents. Overall rankings were calculated using individual raters' ranking data with the
following results:
1. Stiles Construction Co.
2. Cata!fumo Construction, Ltd.
3. Suffolk Construction Co., Inc.
4. Bluewater Builders, Inc.
5. Kaufman Lynn General Contractors
6. Roepnack Construction
A short list of respondents, limited to the top three (3) ranked firms, was prepared. According to Phase II
evaluation procedures, the three (3) respondents made presentations to the evaluation committee on October 11,
2005. The firms were ranked based on the Phase II Evaluation Criteria with the following overall rankings:
1. Catalfumo Construction, Ltd.
2. Suffolk Construction Co., Inc.
3. Stiles Construction Co.
Phase I and II Ranking Criteria, as well as, overall ranking sheets for both evaluation phases are attached. Based on
Phase II ranking results, staff requests that Commission accept the rankings of the RFP Respondents as presented
and authorize staff to enter into negotiations with Catalfumo Construction, Ltd., the top ranked firm, for
construction management fees for pre-construction services for the Old School Square Parking Garage.
S:\City Clerk\ agenda ffit:mos\CM at Risk Contract O&.o;,; Catalfumo 102505
~
City Of Delray Beach
Department of Environmental Services
MEMORAN
D
u
M
www.mydelraybeach.com
FROM:
David T. Harden, City Manager OCJ!'!!{
Richard C. Hasko, P.E., Environmental Services Director~
TO:
SUBJECT:
OLD SCHOOL SQUARE PARKING GARAGE CM AT RISK CONTRACT
DATE:
October 12, 2005
On September 22, 2005, the advertised submittal closing date for the Old School Square Parking Garage
CM at Risk RFP, we received a total of six (6) responses. Packages were received from the following
firms;
. Kaufinan Lynn General Contractors
. Bluewater Builders, Inc.
. Catalfumo Construction, Ltd.
. Roepnack Construction
. Stiles Construction Co.
. Suffolk Construction Co., Inc.
Following procedures adopted by Commission, a seven member project review committee performed
individual evaluations of the six responses, scoring each response according to Phase I Evaluation and
Scoring criteria. Comparative rankings were established for the respondents based on that criteria.
Overall rankings were calculated using individual raters' ranking data with results as follows:
I. Stiles Construction Co.
2. Catalfumo Construction, Ltd.
3. Suffolk Construction Co., Inc
4. Bluewater Builders, Inc.
5. Kaufinann Lynn General Contractors
6. Roepnack Construction
A short list of respondents limited to the top three ranked firms was prepared. According to Phase II
evaluation procedures, presentations were made by those respondents to the evaluation committee on
October 11, 2005. The firms were ranked based on the Phase II evaluation criteria and final overall
rankings were as follows:
I. Catalfumo Construction, Ltd.
2. Suffolk Construction Co., Inc.
3. Stiles Construction Co.
Phase I and II ranking criteria as well as overall ranking sheets for both evaluation phases are attached.
On the basis of the Phase II ranking results, staff requests Commission accept the rankings of the RFP
Respondents as presented and authorize staff to enter into negotiations with Catalfumo Construction, Ltd.,
the top ranked firm, for construction management fees for pre-construction services for the Old School
Square Parking Garage.
Please place this item on the October 18, 2005 Special Meeting Agenda for consideration by Commission.
Cc: Bob Barcinski, Assistant City Manager
Diane Colonna, Executive Director, CRA
City of Delray Beach
PROPOSAL RECEIVED
09/22/2005 AT 3:00 P.M.
DELRAY BEACH
f L 0 . I 0 ....
* * * * *
REQUEST FOR PROPROSAL
All-America CIty
, III I!
1993
2001
OLD SCHOOL SQUARE PARKING GARAGE
MANAGER AT RISK
RFP #: 200544
BLUEW ATER BUILDERS, INC.
450 Fairway Drive, Suite 207
Deerfield Beach, Florida 33441
Bruce Roberts
Ph. (954) 698-0290
Fax (954) 698-1003
CATALFUMO CONSTRUCTION, LTD
4300 Catalfumo Way
Palm Beach Gardens, Florida 33410
Daniel S. Catalfumo
Ph. (561) 694-3000
Fax (561) 691-5280
KAUFMAN LYNN INC.
622 Banyan Trail, Suite 300
Boca Raton, Florida 33431
Michael Kaufman
Ph. (561) 361-6700
Fax (561) 361-6979
ROEPNACK CORPORATION
3195 N. Powerline Road, Suite 100
Pompano Beach, Florida 33069
David H. Roepnack
Ph. (954) 691-2400
Fax (954) 691-2401
STILES CONSTRUCTION CO.
300 S.E. 2nd Street
Fort Lauderdale, Florida 33301
Timothy O. Moore
Ph. (954) 627-9150
Fax (954) 627-9174
SUFFOLK CONSTRUCTION CO. INC.
515 N. Flagler Drive, 5th Floor
West Palm Beach, Florida 33401
Rex B. Kirby
Ph. (561) 832-1616
Fax (561) 832-6775
Purchasing Division
100 N.W. 1st Ave., Delray Beach, FL 33444
561-243-7161,561-243-7163
PHASE I EVALUATION MATERIALS
a. The Selection Committee will review and score each proposal. A minimum of
three top ranked proposers will be short-listed and invited to interview with the
Selection Committee. Proposers will be notified in writing if their firm has been
qualified for Phase II of the evaluation and selection process.
b. The second phase of the evaluation and selection will only be for the Proposers
who are selected from the first phase of the evaluation. The short-listed firm's
interview will consist of a presentation to the Selection Committee followed by a
question and answer period.
3. Each category will be scored and when the scores awarded for all categories are totaled,
the scores will be tabulated and added to achieve the Total Points awarded to each firm. The
Total Points awarded to each firm will be ranked 1,2,3,4, etc. with the highest point total ranked
1, the next highest points total ranked 2, etc. The ranking of each firm will be tabulated from
each Committee Member and combined with other Committee Members to determine the total
score for the firm.
E. SCORING CRITERIA FOR SUBMITTALS - PHASE 1 (SHORT LIST PROCESS)
The Scoring Criteria is made up of the categories that collectively represent a Grand
Total Point Value of 100 points, as described herein. The points indicated below as
"Points Possible" are the maximum that can be allocated for each category. The point
value shall be the basis of establishing a finalist list of the top ranking proposals.
EVALUATION CATEGORIES
POINTS POSSIBLE
1.
2.
3.
4.
Related Building Experience
Pre-Construction Services Staff
Construction Services Staff
Location of Offices
40
25
25
10
100 POINTS
GRAND TOTAL OF POINTS
1.
CATEGORY 1 Related Building Experience
40 Points Possible
Scoring Criteria
Major consideration will be given to the successful completion of projects comparable in
design, type, and scope, the recommendation of previous Owners and Architects, and
other similar factors.
2.
CATEGORY 2 Pre-construction Services Staff
25 Points Possible
Scoring Criteria
Consideration will be given to the general and specified project related capability of the
proposer's office staff including the adequate depth and abilities of the organization
which it can draw upon as needed. This will include management, technical and support
staff.
RFP - 7
3.
CATEGORY 3 Construction Services Staff
25 Points Possible
Scoring Criteria
Evaluation of the ability and experience of the proposed construction services staff with
specific attention to project related experience.
4.
CATEGORY 4 Location of Offices
10 Points Possible
Scoring Criteria
t
Points will be awarded primarily for the closeness of the firm's office to the project site
which will have direct responsibility for this project with adjustments for other offices
involved with project.
l
. ~ A.
SCORING CRITERIA FOR SHORT LISTED PROPOSERS - PHASE 2 (FINAL
SELECTION)
The second phase shall consist of an interview/presentation by each finalist in an effort
to further understand the proposals and qualification of the proposing firm. All finalists
shall be considered in equal standing at the beginning of Phase II. Using the
information presented in the firm's written Proposal, finalists will be expected to address
the following:
1. Qualifications of the Firm: The firm will be expected to demonstrate its experience with
projects similar in size, scope and complexity with emphasis on the construction management
process. The firm should share its experiences bringing innovative and creative input to past
projects.
2. Proposed Project Staff and Functions: The firm shall name the actual Project Manager,
Superintendent, and other key staff to be assigned to this project, describe their ability and
experience and indicate the function of each within their organization and their proposed role
on this project. The Project Manager and Superintendent shall be present at the time of the
interview.
3. Comprehensive Project Management Services: The firm shall indicate knowledge and
experience in the evaluation of building systems and construction techniques to create an
optimum value in the design and budget requirements. The firm should demonstrate its
approach and plan for performing this project describing the services to be provided including
its method to competitively bid the subcontracts and to establish a GMP and its cost reporting
methods.
4. Knowledge of Local Conditions: The firm shall demonstrate its knowledge of the site,
local codes and ordinances, local subcontractors, and local suppliers as an indication of its
ability to control the work and deliver quality workmanship in an effective and timely manner.
The Scoring Criteria is made up of the four (4) Categories that collectively represent a
Total Point Value of 100 points. The total points for each Proposer will be the basis to
determine the Top Ranking Proposer.
RFP-8
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City Of Delray Beach
Department of Environmental Services
MEMORAN
D
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W>>lW.mydelraybeach.com
TO: All RFP Respondents via FAX
FROM: Richard C. Hasko, P.E., Environmental Services Director
SUBJECT: OLD SCHOOL SQUARE PARKING GARAGE CM AT RISK RFP
DATE: October 12,2005
A meeting of the evaluation committee for the subject project was convened on October 5, 2005 at 10
AM in the City Hall First Floor Conference Room to announce the results of the Phase I evalutions of
responses received for the Old School Square Parking Garage CM at Risk RFP, and establish a short
list of respondents that will be invited to make presentations to the committee for the Phase II
selection process.
Overall rankings were established as follows:
I. Stiles Construction Co.
2. Catalfumo Construction, Ltd.
3. Suffolk Construction Co., Inc.
4. Bluewater Builders, Inc.
5. Kaufman Lynn General Contractors
6. Roepnack Construction
The short list of respondents for Phase II presentations was limited to the top three ranked firms with
presentations scheduled as follows:
Tuesday, October II, 2005, City Hall First Floor Conference Room
Suffolk Construction
Catalfumo Construction
Stiles Construction
1:30 PM
2:15 PM
3:00 PM
Presentations will be limited to 20 minutes with a 10 to 15 minute question/answer period. A
projector will be available for PowerPoint presentations. Respondents must bring all other equipment
and materials required for their presentation.
For questions or comments, please contact Richard C. Hasko, P.E., Environmental Services Director,
City Of Delray Beach, at (561) 243-7336 or haskotalci.delrav-beach.fl.us.
PHASE II EVALUATION MATERIALS
3.
CATEGORY 3 Construction Services Staff
25 Points Possible
Scoring Criteria
Evaluation of the ability and experience of the proposed construction services staff with
specific attention to project related experience.
4.
CATEGORY 4 Location of Offices
10 Points Possible
Scoring Criteria
Points will be awarded primarily for the closeness of the firm's office to the project site
which will have direct responsibility for this project with adjustments for other offices
involved with ro'ect.
A. SCORING CRITERIA FOR SHORT LISTED PROPOSERS - PHASE 2 (FINAL
SELECTION)
The second phase shall consist of an interviewlpresentation by each finalist in an effort
to further understand the proposals and qualification of the proposing firm. All finalists
shall be considered in equal standing at the beginning of Phase II. Using the
information presented in the firm's written Proposal, finalists will be expected to address
the following:
1. Qualifications of the Firm: The firm will be expected to demonstrate its experience with
projects similar in size, scope and complexity with emphasis on the construction management
process. The firm should share its experiences bringing innovative and creative input to past
projects.
2. Proposed Project Staff and Functions: The firm shall name the actual Project Manager,
Superintendent, and other key staff to be assigned to this project, describe their ability and
experience and indicate the function of each within their organization and their proposed role
on this project. The Project Manager and Superintendent shall be present at the time of the
interview.
3. Comprehensive Project Management Services: The firm shall indicate knowledge and
experience in the evaluation of building systems and construction techniques to create an
optimum value in the design and budget requirements. The firm should demonstrate its
approach and plan for performing this project describing the services to be provided including
its method to competitively bid the subcontracts and to establish a GMP and its cost reporting
methods.
4. Knowledge of Local Conditions: The firm shall demonstrate its knowledge of the site,
local codes and ordinances, local subcontractors, and local suppliers as an indication of its
ability to control the work and deliver quality workmanship in an effective and timely manner.
The Scoring Criteria is made up of the four (4) Categories that collectively represent a
Total Point Value of 100 points. The total points for each Proposer will be the basis to
determine the Top Ranking Proposer.
RFP - 8
EVALUATION CATEGORIES
POINTS POSSIBLE
1.
2.
3.
4.
Qualifications of the Finn
Proposed Project Staff and Functions
Comprehensive Project Management Services
Knowledge of Local Conditions
40
25
25
10
100 POINTS
GRAND TOTAL OF POINTS
SCORING CRITERIA
a.
CATEGORY 1 - Qualifications of the Firm
40 Points Possible
tI
The finn's experience in similar projects utilizing the Construction Management
process and other successful related CM projects will be scored.
Recommendations from previous Owners and Architects will be evaluated. .
Litigation history will be considered.
b.
CATEGORY 2 - Proposed Project Staff and Functions
25 Points Possible
The Project Management team's experience with similar projects and with public
projects, and Construction Management experience. Recommendations from
previous Owners and Architects will be evaluated.
c. CATEGORY 3 - Comprehensive Project Management Services 25 Points Possible
The ability and history of the finn and its staff to deliver projects using effective
management tools and techniques will be evaluated.
The finn's scheduling system and cost control system will be evaluated including
methods for assuring subcontractors adherence to schedule. A comparison of the
finn's project profile should indicate their ability to hold to original schedules and
budgets.
The finn's approach to establishing a Guaranteed Maximum Price along with
methods of Cost Control and Reporting Systems used will be scored. The finn
should offer an assessment of the established budget for construction.
d. CATEGORY 4 - Knowledge of Local Conditions 10 Points Possible
,
The finns should demonstrate their knowledge of the local construction
environment as an indication of their ability to deliver a quality product in an ,
effective and timely manner. ,
G. AWARD OF CONTRACT
RFP - 9
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MEMORANDUM
FROM:
MAYOR AND CI1Y COMMISSIONERS
CI1Y MANAGERM
,
AGENDA ITEM # q 'G, - REGULAR MEETING OF OCTOBER 25. 2005
FLORIDA LEAGUE OF CITIES. INC.!FLORIDA CITIES OF
EXCELLENCEAWARDSBANOUET
TO:
SUBJECT:
DATE:
OCTOBER 21, 2005
lIDs is before Commission to consider whether to purchase a table in the amount of $750.00 at the
Florida League of Cities' Florida Cities of Excellence Awards Banquet to be held on November 18,
2005 in Orlando, Florida.
Funding is available from 001-1111-511-48.10 (General Fund/Commission Special Event
Contingency Fund).
Recommend consideration of purchasing a table in the amount of $750.00 at the Florida League of
Cities' Florida Cities of Excellence Awards Banquet to be held on November 18, 2005 in Orlando,
Florida.
S:\City Clcrk\agcnda mcmos\CM FLA League Banquet102505
/1"7 0_ " o/{
eJ:.: \..\.. ~.><I<<
/O/&.-Cl/05 4
~
FLORIDA LEAGUE OF CITIES, INC.
301 South Bronough Street, Suite 300 . P.O. Box 1757 . Tallahassee, FL 32302-1757
(850) 222-9684 . Suncom 278-5331 . Fax (850) 222-3806 . Web site: wwwJlcities.com
October 18, 2005
Mr. David Harden
City of Delray Beach
100N.W.lstAvenue
Delray Beach, FL 33444-
Dear Mr. Harden:
Congratulations! You have been selected as a finalist for the City Manager ofthe Year in the
"Florida Cities of Excellence Awards" program. You should be very proud of this honor.
Eight finalists were selected for this category, and a winner will be selected by the League's
Executive Committee and announced at the Awards Banquet on Friday, November 18, 2005, at
the Hyatt Regency Airport Hotel in Orlando. An order form is enclosed for you to fill out and
return to the League. You will receive two complimentary banquet tickets, and can arrange for
additional tickets if needed. In addition, please see the attached check-off list of some items that
the League will need from you. We've also enclosed a sample press release that you can
personalize for use with your local media.
On behalf of the League's Board of Directors, I want to congratulate you on this honor and invite
you to attend the Awards Banquet. We are very excited about the awards program and hope it
will shine a statewide spotlight on the many outstanding public servants and municipal programs
in our cities, towns and villages.
If you have any questions regarding the award, banquet or other arrangements, please contact
Beth Mulrennan or Lynn Tipton at the League's office at 1-(800) 342-8112.
We hope you will be able to attend!
Sincerely,
tftfl
Julio Robaina
President
Council President, City of Hialeah
Enclosures
--
President Julio Robaina, Council President, Hialeah
First Vice President Rene Flowers, Councilwoman, St. Petersburg. Second Vice President Frank Ortis, Mayor, Pembroke Pines
Executive Director Michael Sittig. General Counsel Harry Morrison, Jr.
Florida League of Cities'
Florida Cities of Excellence Awards Banquet
Friday, November 18, 2005 . 6:00 p.m. - 10:00 p.m.
Hyatt Regency Orlando International Airport Hotel
Make plans to join us lor the Second Annual Florida Cities 01 Excellence Awards Banquet, as we honor
and celebrate the exceptional achievements 01 Florida cities and their leaders. During the banquet,
winners will be announced lor the 10 Florida Cities 01 Excellence Award categories, and longtime elected
city officials (with 20 and more years) will be honored lor their years 01 service.
. Tickets For the banquet are $75 per person, which will include entertainment ond a reception beginning at 6:00. Dinner will
Follow.
. Florida Cities 01 Excellence Awards Finalists will receive up to two complimentary tickets (lor themselves and a guest).
. Years 01 Service honorees will receive one complimentary banquet ticket.
. Allendees may reserve a lull table (10 seals) lor $750. To order your tickets, please use the lorm below.
FLORIDA
Cl11I$qr_
Hotel Information
The Awards Banquet will be held at the Hyall Regency Orlando International Airport Hotel. located at 9300 Airport Boulevard
in Orlando (see other side lor map). The room rate is $114 single/double plus 11.5 percent occupancy tax and 6.5 percent
sales tax per room. The hotel must receive the First night's deposit to guarontee the reservotion. Payment may be made by check
or credit card. The deadline lor hotel reservation requests is November 7, 2005. -
You mustlill out the banquet ticket order lorm below and submit it with payment. Upon receipt 01 your ticket a. ..
order lorm and payment, we will either e-mail or lax you the hotel reservation lorm, which you should lill out
and submit directly to the hotel. The hotel will not accept phone calls lor reservations. Note: Be sure to let us
know either your e-mail address or lax number.
For more information, contact the Florida League of Cities at (850) 222-9684.
-----------------------------------------
Florida Cities of Excellence Awards Banquet Ticket Order Form
please complete the infonnation below. The deadline for ticket orders is November 7,200S.
Name:
Ti~e: Cily:
Are you an Award Finalist or Years 01 Service Recipient? 0 No 0 Yes'" Name 01 award:
Address:
City:
Name 01 Guest(s):
Contact Name:
Contact Fax:
Slate:
Zip:
Contact Phone:
E-mail:
Note: II you are an Awards Finalist or Years 01 Service recipient, and do not need to purchase additionallickets, pleose liII in
the total number 01 tickets you need below and indicate "no charge" in the total amount column.
Banquet Fees Quantity Fee Paid
Banquet Ticket' @ $75.00 = $
Banquet Table (10 seats)' @ $750.00 = $
Total Amount Due: $
'Please provide 0 list of the names,
titles and cities of each person for
whom you are puchasing a ticket.
Amount Enclosed: $
Card Number:
Card Holder's Name:
Card Holder's Signature:
Special Needs: II you require special services or have special dietary needs, please allach a wrillen description to this order
Form.
ncket orders may be mailed to: Alln: Gail Dennard, Florida League 01 Cilies, P.O. Box 1757, Tallahassee, fL 32302 or
laxed with Visa or MasterCard to her allention at (850)222-3806. The ticket order deadline is November 7.
Method 01 Payment:
Cl Check (payable 10 Ftorido League of Cities} CI Visa
Expiration Date:
Card Holder's Phone:
o MasterCard
Florida Cities of Excellence Awards Banquet
Map to the Hyatt Regency Orlando International Airport Hotel
Wall Disney World
Semoran ~
436 --;11""
Beeline 528
Mount Dora
*
To TlUJ1>&
, Orlando, Florida
L.<:xftTOR fu.p
Hyatt Regency Orlando International Airport
9300 Airport Blvd., Orlando. A.. 32827
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER p!J
SUBJECT: AGENDA ITEM # 9"- - REGULAR MEETING OF OCTOBER 25. 2005
APPOINTMENT TO THE CIVIL SERVICE BOARD
DATE: OCTOBER 21, 2005
At the regular City Commission meeting of September 20, 2005, Mr. Morris Weintraub,
alternate member of the Civil Service Board was appointed to the Board of Construction
Appeals creating a vacancy. This will be for an unexpired term ending July I, 2006.
According to the Civil Service Act, there are to be five (5) regular members on the Civil
Service Board; three (3) of which are to be of different vocations or vocational backgrounds,
not employed by the City in any capacity, official or otherwise and appointed by the City
Commission. Eligible City employees elect two (2) regular members. In addition, there are
two (2) alternate members. The appointee need not be a resident, property owner or business
owner within the City.
The following individuals have submitted applications and would like to be considered for
appointment:
Gerald Franciosa
Sidney Grossman (currently serving on the Public Employees Relations Commission)
Jayne King
Eric Luckman
Patricia Westall (currently serving on the Neighborhood Advisory Council)
Pursuant to Commission direction, a check to confirm that all are registered voters was
completed. All are registered. A check for code violations and/or municipal liens was
conducted. None were found.
Based on the rotation system, the appointment will be made by Mayor Perlman (Seat #5) for
an alternate member to serve an unexpired term ending July 1,2006.
Recommend appointment of one (1) altemate member to the Civil Service Board for an
unexpired term ending July 1, 2006.
CIVIL SERVICE BOARD
09/05
TERM EXPIRES REGULAR MEMBERS CURRENT TELEPHONE
OCCUPATION
07/01/2006 Emily Dobard Home: 278-9795
Ubexp Appt 06/21/05 210 NW 6'" Avenue Educator Office: 278-9795
Delray Beach, FL 33444 Cell: 573-2908
04/30/2006 Scott Pape Office: 243-7321
Elected 04/25/01as alte1Tlllte Planning Department
Re-dectcd 04/24/02 as alternate
R.e-dected 04/23/03 as alternate City of Delray Beach Planner
Ro-dected 04/28/04 " a1tem2te 100 NW 1st Avenue
Ro-eIected O4/Tl/OS "'guW- Delray Beach, FL 33444
07/01/2006 Kristin Christensen Office: 939-6776
^ppt 06/08/04 17 Northeast Sixth Street Vice President-Sales Fax: 330-6422
Delray Beach, FL 33444 Cell: 952221-5280
04/30/2006 Jennifer Reynolds, Vice Chairperson Office: 243-7192
Elected 04/Tl/05 Finance Network Engineer
City of Delray Beach
100 NW l't Avenue
Delray Beach, FL 33444
04/01/2007 Larry Za!kin, Chairperson Home: 498-0740
Appt04/15/03 7204 Francisco Bend Drive Financial Advisor Office: 653-6501
Reappt04/05/05 Delray Beach, FL 33446
ALTERNATES
07/01/2006 Home:
Uncxp Vacant
04/30/2006 Rodger Ribeiro Office: 243-72561
Elect<d O4/Tl/OS Parks & Recreation Recreation
City of De1ray Beach Supetintendent
50 NW 1st Avenue
Delrav Beach, FL 33444
Contact: Venice Cobb 243-7056
s/c;ty Clerk/Board O4/Civil SeMe<
FF'Oi'1 : GEP-'3HII
v.) 'lq.' '):'1 Hi'.
1.;: :}:} l"A.3 t>"i4:"I.:J:Jf'lll
Hug. 04 200U#~!&'
?/If/c1
CITY OF DELRAY BEACH E.CE.\\lE.O
BOARD MEMBER APPLICATIOii '"' 1\\\\S
. ~\}G ; C\..e.?o.~
C\\l
FH:< 110.
: 561:26607-46
t~l 1'1: LLI::;tm
OfUlAY B~ACH
~
;11Jl?
1993
2001
Pleo.se type Of print rbc followinR inforo.JlJion:
1. wt NlUne:
City
CiLy
Su.-tt
2.
JJ
E1JE {'T
3. Lcg>l Ra.idcc.=., SItn1e
4. PrincipaJ.. B .w,."". Addresa:
City
Sbo.te
Zit> Code
I
~ HOlUe Phone: .
Sb/ -VU060Y'
6_ At!! you ll. .(~te.ted valetr
BU4iness Phone,
E-MmAddt...",
7. W'h:tt Bou:d(I) iUC: you wteresc"
, frY' C V/rJm i cs
8. Lis, all City Boards 00 which you,.,., ewreudy scMiDg 0< hwo p<<~usly .=-ed: (p1:..se inclu&. cia".,) ~O W
rEd~~~ qu~.fk.a.lioas; 13
to. r~ any zdated prof"-"Siow.J. ~<.<rificati.,,,,, and li""nseo which you hold
u::- Gwe y;'w: ptCllellt, or mO$1: te~eOt eaiployer. and posicion: Ud'
12. Describe aped,,''''....killi <>< kno~edg< whid> qw.lifr)'<>o. to =LVe '''' this bo;u:<! (p1",.e 2Illm.. btId=umc)
. '. . t ~ "':e abov I taDalts .""e tcuo. and I o.gree and =~""'d dutt "fY mis."""""", of 01~<<<iaI &et.
tb.1i ~plicaoon~y QU~c-. fOt'feLtIl.t. e..- ~ ~"' _ '''""'"''1j:_'
~ . ~ )fJo....;
.0.... I . .
, application willre"","", on 6lein u..,.Cily Oak's Offic.e for"- peElodot2 reus from the lhtc it""",
lllnitt<:<l. I, will be th.. appliGU:lt'. responsibility to Cnsurcd'''-t a =t oppUco.ti.Otl io. Otl file-
~~~~t.I
.#
DURAY BEACH
f l 0 . I D ...
m~
1993
2001
CITY OF DELRA Y BEACH
BOARD MEMBER APPLICATION
I} - j(/ ~tJ&
Rehr-tP e.-
*****
information:
M.l.
. c:qL ~ttcLIl
State
'Pi
State
Zip Code
33 .~'I
Zip Code
4. Principal Business Address~ fA
City
State
Zip Code
S'I., [fq~~;JL./1?7
6.
E-Mail Address: Cell Phone: Fax: 6-"')
SiOPI((}'Z2'et1~L 1.7'1-11/1/1. &'3".1/9I/J
Are you a registered voter? Ya.f If so, where are you registered? fALh I!,q J.c.q cry
7. What Board(s) are you interested in serving? Please list in order of preference:
u1uC fi/l1 (lLp'trz.!1-f' t2.1it. ~~ c..Z>MM~'>' ~.~
-
5. Home Phone:
Business Phone:
C I If t t- .s ~ tlAI I c.. 6- Ij 17A-f4f)
8. List all City Boards on which you are currendy serving or have previously served: (please include dates)
-
9. Educational qualifications:
t3. S, (//i C~Jt
U -V (/I. -(7 r- c. or# 4c:7;c~r
10. List any related professional certifications and licenses which you hold:
11.
w.??r rp..,r/l. J'",PPvL..k.
r:7 7 1J/~;-tL/c.-( ~P4.4';' t?I'/!/C4-. 1'17/- /'i'f2-
12. Descrioe experiences, skills or knowledge which qualify yo to serve on this board: (please attach a brief resume)
It /f J IS c:.
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.
./ ~~!?h -:> pro - 7 - / 6 - (> tr
BrGNATU DATE
Note: This application will remain on file in the City Cler s ce 0 eriod of 2 years from the date it was
submitted. It will be the applicant's responsibility J'tJtnsittl' tliab'~ current application is on file.
, If. 'U , s\cITYCLERK\BOARD\APPUCATION
CITY CLERK
During the late 1960's to mid 1970's, I served with the Civil Service Employees
Association in Suffolk County, New York. I was the white collar Grievance Chairman,
mediating and settling grievances between management and labor. I also served as a
member of the Statewide Legal Committee, which met in Albany, New York, for the
. purpose of adjudicating the amount ofIegal assistance to state and local employees in
both grievances and charges brought against them. As an elected CSEA official, I was
the county's representative to the Statewide Board of Directors.
From the mid 1970's until my retirement in November 1992, I was successful in
forming the Suffolk County Detective Investigators Police Benevolent Association (the
law enforcement arm of the District Attorney's office) and getting it certified as a
separate bargaining unit within the county and state. As President for the first sixteen
years, I assisted our attorneys in collective bargaining, arbitrations and any other inter-
action with state and countyofficials.
During this timeframe, I was also a member of the Legislative Committee of the
Metropolitan Police Conference and served on various statewide committees of the
. Police Conference of New York State.
Although I worked on the union side of the table; in my many years of
experience, I was able to comprehend the views of management.
"
J
S / /J f'/ lEt G'-IZ-P $',S/",? ~
A~
OD/lD/OS' .ON 10:1$ FAI'56l24~377'
1lIlV,,,~ t. - . \J . " c-
. . ._- . ~ . - 0.' QV"\ ~ '- '-
qiii! ·
-'993.
2001
cm CLERK
-~~'-'-"
!i!looz
9/1/ h--
Cobb'
CITY OF BELRAY BEACH
BOARD MEMBER APPUCATION
. '~Pbane:
-E>.Moi1A~ 'CdlPli;m",
.' (~\'Ie.\'l.11R€'aJel hi". .
RECEIVED
SEP. " 2005
ITV CLERK
/'oT3.
.- Cod<: .
S-
Zip COae
FL 33145-
. St#te- . . -.Zit; Cod"
\\llh. N f\
State
.iaF.:....--~
. F:i.<:
!I;!l:.w-. ';<'''''-'i''oi\!kalioas: 1.1.. \ r n ~Avrr~~ i\' l
. . u. 1'\. r..a U.~.1;\tl'^ IV\. 1\ .
. .; ~ .-.
. 10. liotany mlated prok.sioo.i<"~ 1lJld~ ~T"",hold,
I
>t - () f 'De ~'5e De
III Wt-.'bcR
~N.1"v t
HI 3Y<ld
i:l3I nI~llI.~
;:L~;::L:'::919~1
L'C. : bO c;cln;: If.. Ilt=.CI
10/10/2005 11:05 F_~ 561 i37 5180
OIl.llA'(,8EACH
,fl....... -Ii . . .
ERIC H LUCKMAN PA
fI/;~ ~"u,
RECE~ED
OCT 1 0 Z005
CITY CLE.RK
'*'****
AIl-AmericaCity
'l II ,!
1993
2001
CITY OF DELRA Y BEACH
BOARD MEMBER APPLICATION
Plase
1. LIst Nunc: , I
. (j{K:MI/N
2. HomcAddress: ..J.I.
ZIS..u 3'1-
3. Legal Residcnce:
Sa"'l. a ~ Qhh~
4. Principal Business Address:
50SZ 50"'"1 <rFflcfY1S7 SU])
infonIUJion:
y'';
Name r,-,
t::::IClC
City .
to f4TO,,) /3GltCI(
City
City
:/ pro.,,) 6rffCrt
M. L II.
State ~ Co!r
FL 3'13-
Sute Zip COd.e
State Zip Code
Fe "33'13'
S. Home Phone: 'Business Phone: E-Mail Address: Cell Phone:
5b{' 737 '-/7Q/ 5~ l737 3/33 tt (}LvtJ::"7/wLIIW'C;", ~i}(i? >'f/c
6. Arc you a registered voter? . .11 If so. where are you Ie . teeM?
f 5 "~!tI 6Gj4-0( C Ty - 0'11-
7. What Bo=:l('),a<e you intCI:csted in s~g? Pl"",e list in o<da of pecferencc:
{jv/ l-- S>~\tIC ~ '.
Fax: .
f{,/
777 Sf f0
/70
8. lis, ill City Bouds 00 which you uc ~=dj se<viog 0< lnv-e previously ."""ed: (plea.<e include <hees)
ON"- . '
~. Educarioo2l qUj\46cariooso
8-/J. - D....,.~tkl'7 (//1I1/(A fr /fffO
:J-j).. iJ-'1ll~/711, o? /f)/llr>1(' /'153
to. List any related professional certifications 2Jld licenses which you hold:
<1'<-'
!J"'U-q f/!-t-(t:J{iI/i( Ie Lv"
1 L Give your prescnt, or most rcceilt eniployer, an
EPic. II J UKf"1if,v . 14-.
, 1~I,(tle4f
'12 nescxihe experiences, skills or kno,..Iedge'which qualify you to serv-e on dlls houd: (plcose atuch " brief resume)
a..l<<.< "-< J '
A &;./ Ibv/J pi
I he.t:~Y. ~ tho. ill d\e o.bo"" statements uc ltUc, Mid I agree and undcr.tmd that any nW.t2.lcmcnt of material fa"",
con . cd' ~ a li=tion may cause forfeiture upon my paa of any "ppomttnent I =y receive.
. - . . I
-' .' ~~~. .'
SIGNA11JRE DAl:E I
.te: This "Pplico.rion will retnain 00. /ile in. the'City Clerk:s Office fo<" period of 2 reus from the date it was
submitted. It will be the "Ppli=l"s responsibility to ensuie dUlt ", current "pplic..tion is on file.
S\OTY~~uO.:1l0tol
10/10/2005 11,05 FAX 561 737 5180
ERIC H LUCKMAN PA
19!002
MARTINDALE-HUBBELL LAW DIRECTORY
ERIC H. LUCKMAN, P A.
3652 Sourh Seacresr Boulevard
BoymouBeach, FL 33435-8662
Telephone: 567-737-3133; Toll Free: 866-Luckman (582-5626)
Facsimile: 561-737-5180
Email: EL@LuckmanLaw.com
URL: htmJ/www.LuckmanLaw.com
Plaintiff's Personal Injury, Wrongful Death, Insurance Coverage and Insural!ce Bad Fairh
ERIC H. LUCKMAN, born East Meadow, New York, April 4, 1958;
admitted to bar, 1983, Florida; 1985, U.S. District Court, Southern District of Florida
including Trial Bar; 1990, U.S. Court of Federal Claims. Education: Brandeis
University (RA., cum laude, 1980); University of Miami (J.D., 1983). Listed in
Leading American Attorneys. Omified Court Arbitrator, Florida Supreme Court.
Recipient, Bronze Patriot Award, Academy of Florida Trial Lawyers, 1992. Member:
Palm Beach County Bar Association (Member, MedicaJ!Legal Committee); The
Florida Bar; The Association of Trial Lawyers of America; The Academy of Florida
Trial Lawyers (Member, Insurance Committee and Legislative Key Contact
Committee); Palm Beach County Trial Lawyers Association (Secretary, 1997;
Treasurer; President-Elect, 1998; President, 1999). (Board Certified Civil Trial
Lawyer, Florida Bar Board of Legal Specialization and Education).
OElRAY BfACH
~
AIl-/InBICiICity
" II J!
1993
2001
5';J& -00
(1I15LAi!aV) f
CITY OF DELRA Y BEACH
BOARD MEMBER APPLICATION
Name
'-'\ . .
\ 'fl IE-I L1A
&\9cJ,
S~t
State
M.1.
(
Zip Code
5
Zip Code
2. Home Address:
\
I..egal Residence:
~v'G-
I,
1 -'
,
~
4. Principal Business Address:
City
State
Zip Code
5. Home Phone:
Business Phone:
Cell Phone:
Fax:
5lo\';I'\,' S
6. Are you a registered voter?
---
-
7.
) 8.
List all City Boards on which you are currendy serving or have previously served: (plea...<;e include dates)
(l~
9. Educational qualifications:
. c...tI
10. Ust any related professional certifications and licenses which you hold:
12. Describe expetiences, skills or knowleclge which qualify you to serve on this board: (please attach a brief resume)
I hereby certify that all the above statements are tme, and I agree and undersrnnd that any misstatement of material facts
c nlaJ ~n this ~pp~on may ca~e forfeiture upon my part of any apPOintm~Y;~r;,v~
SIGNATURE AE DATE +
) CE
Note: This application will remain on ftle in the City Clerk's Q,ffice for aperlo of2 years from the date it was
submitted. It will be the applicant's responsibility to el:'ln.\l ~lY' 2/Jfff.nt application is on ftle.
U, S'CfTYCLERK\BOARD\APPLlCATKlN
~GL-
~~
CITY CLERK
PATRICIA T. WESTALL
1102 Seaspray Avenue
Delray Beach, FL 33483
561.243.7959
Patricia _ WestaIl@hotrruiil.com
SUMMARY
A high energy healthcare professional with over
twenty years of experience in client services, specializing in
clinical consnlting, marketing, sales, strategic planning and
administration. Excellent problem solving abilities and
group process skills. Can work with professionals and groups
at any level.
SKILLS
CLIENT SERVICES Managed hospital acconnts at execntive level
as point of contact, from initial delivery/installation through complete
product/service delivery with consistently high customer satisfaction
ratings.
)
STRATEGIC PLANNING Directed hospital strategic planning
process. Served as planning consnltant to clients for defining goals and
objectives, negotiating vendor contracts and refining market share
strategy.
MARKETING Directed marketing activities for clinical ontcomes
management firm and was VP of Marketing for large nrban hospital.
COMMUNICATION Strong presentation skills refined
through managing a variety of sales presentation models to large and
small groups, including physicians and hospital boards.
SALES Successfully sold multi year contracts for c1iuical/ financial
outcomes products and services to hospitals and health systems.
EXPERIENCE
June 2000-
September 2002
Consultant and Independent Contractor, Atlanta Georgia and Delray
Beach, Florida
Hospital and Physician Practice Managed Care Contracting
March 1998-
June 2000
GE Medical Systems HealthcareSolutions, Atlanta Georgia
Regional Director/Senior Manager, Client Services
Responsible for account management for clients in multiple states as well
account renewals and additional product and consulting"sales.
September 1990-
February 1998
IAMETER, Inc., Atianta, Georgia
Senior Manager
Presented, sold and delivered clinical outcomes products /services to
administration and medical staff. Directed marketing activities and
training of new sales, marketing and account management personneL
Participated in planning sessions as well as development of new consulting
practice areas.
July 1983-
April 1990
GEORGIA BAPTIST MEDICAL CENTER - Atlanta Georgia
Vice President, Planning and Marketing
Directed planing and marketing functions for this 500 bed non-university
teaching facility and its affiliated organizations. Coordinated strategic
planning process. Directed development of data support systems. Managed
public, community and guest relations. Coordinated all physician support
activities. Supervised staff in six supporting departments.
June 1982-
July 1983
EGLESTON CHILDREN'S HOSPITAL AT EMORY UNIVERSITY
Atlanta Georgia
Strategic Planning Analyst
Coordinated statistical support for facility strategic plan. Served as liaison
between hospital board, administration and long-range planning strategy
consultants.
EDUCATION
1990
M.P.H. - Health Administration
Emory University - Atlanta Georgia
1979
B.B.A. - Health Administration
Georgia State University - Atlanta Georgia
SELECTED PROFESSIONALNOLUNTEER ACTIVITIES
. Society for Healthcare Strategy and Market Development of AHA
. Georgia Society for Healthcare Planning and Marketing, Past President
. Women Healthcare Executives, Founding Member
. Georgia Nurses Foundation, luc.Board Member 1994-1996
. GSHPM, Annual Meeting, 1993, Faculty
. NAHDO, Southeastern Regional Meeting, 1994, Measurin!! Provider
Performanc~ Presenter
. Quality Review Coordinators of SW Ohio, 1994, Makin!! Sense of Data,
Presenter
. South Carolina Health Information 'Management Association Annual
meeting, 1995,:Presenter
. International Communications for Management, Direct Contracting'96.
The Future of Maua!!ed Care. 1996, Preseuter
. International Quality and Productivity Center, Best Practices in Direct
Contractin!!. 1996, Workshop leader
. Community Service Awardi Women Healthcare Executives, 2000
. Cedar Hill Enrichment Center, Board Member, 1999-200i
. Metro State Prison for Womeu, Atlanta, Voluuteer, 1997-2002
. Palm Beach Literacy Coalition, Reading Tutor, 2003 - present
. Delray Beach Residents Academy, Graduate, May 2004
. Beach Property Owuers Association, Design Guidelines Task Force, 2003 -2004
)
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGERt?I~/)
,
SUBJECT:
AGENDA ITEM # q::t:.- REGULAR MEETING OF OCTOBER 25. 2005
APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL
DATE:
OCTOBER 21,2005
The terms for Ms. Pamela Williams (Zone 5), Mr. Fred Fetzer (Zone 6), Mr. Arthur Brown (Zone 1)
and Ms. Patricia Westall (At Large Representative) will expire on October 31, 2005. Mr. Brown and
Ms. Westall will have both fulfilled unexpired terms, are eligible and would like to be considered for
reappointment. Mr. Fetzer will have fulfilled one full term, is eligible and would like to be
considered for reappointment. Ms. Williams will have fulfilled an unexpired term and would not like
to be considered for reappointment which creates a vacancy for Zone 5.
On September 9, 2003, Ordinance No. 27-03 establishing the Neighborhood Advisory Council for
the purpose of maintaining broad-based community involvement with the residents, creating
neighborhood outreach initiatives, enhancing communication, improving the aesthetics of the
neighborhoods and identifying any potential threats to the stability of the neighborhoods was passed
and adopted.
The Neighborhood Advisory Council consists of fifteen (15) members and two (2) student
members. Twelve (12) members are residents with two (2) residents selected from each of the six
neighborhood zones, and three (3) at large representatives, who may be selected from a community
civic organization or business owner located within a neighborhood zone interested in the
enhancement of its surrounding neighborhoods.
The following individuals have submitted applications and would like to be considered for
appointment: (Applicants are listed by zones; however, the applications are in alphabetical order.)
(See Exhibit "A" attached)
Pursuant to Commission direction, a check for code violations and! or municipal liens was
conducted. None were found. Voter registration verification was done and all are registered with
the exception of Mr. Todd Harvey.
Based on the rotation system, the appointments will be made as follows:
(See Exhibit "B" attached)
Recommend appointment of three (3) regular members and (1) one At Large Representative to the
Neighborhood Advisory Council for two (2) year terms ending October 31, 2007.
Neighborhood Advisory Council
Page 2
NEIGHBORHOOD ADVISORY COUNCIL
EXHIBIT "A"
Zone 1
Applicant Occupation Subdivision
Mark Behar Property Management Lees Crossing
Arthur Brown (Incumbent) Consultant Lake Forest South
Alice Finst Gardener Chatelaine
Hansford Higginbotham Insurance Lake Forest South
Jayne King Education Chatelaine
Lynn Klein Accounting Lees Crossing
William Milner Field Rep. (Census Bureau) Chatelaine
Zone 5
L'Tanya Allen Clerical Sunset Park
Bryce Newell Account Executive N/A
Samuel Resnick Code Admin/Engineer Pines of Delray
Zone 6
Fred Fetzer (Incumbent) Engineer Tropic Isle
Gerald F ranciosa Accounting Tropic Isle
Nancy Schneider Flight Attendant Lowry Park Estates
James Smith Finance Banyan House
At Large Representative
Shirl Fields Jewelry Designer Andover
Todd Harvey Education Kokomo Key Place
Linda Leib Office Manager Del-Aire Golf Club
Nicholas Loeb Real Estate Lake Clark
ShorePatricia Westall (Incumbent) Community Relations Seaspray Estates
Neighborhood Advisory Council
Page 2
NEIGHBORHOOD ADVISORY COUNCIL
EXHIBIT "B"
Tenn Expiration Date Zone Commissioner/Mayor to appoint
October 31, 2007 (2 year term) 5 Commissioner Archer (Seat #2)
October 31, 2007 (2 year term) 6 Commissioner Levinson (Seat #3)
October 31, 2007 (2 year term) 1 Commissioner McCarthy (Seat #4)
October 31, 2007 (2 year term) At Large Rep. Mayor Perlman (Seat #5)
09/05
NEIGHBORHOOD ADVISORY COUNCIL
TERM EXPIRES DISTRICT NAME & ADDRESS TELEPHONE
10/31/07 Zone 1 Bernard Federgreen Home: 561-265-3339
Appt 12/14/04 1260 NW 24'" Avenue Work:
Delray Beach, FL 33445 Fax:
10/31/07 Zone 2 Stephen Lampel Home: 276-9292
Unexpired Appt 06/21/05 2745 N. Clearbrook Circle Work: 832-4271
Delray Beach, FL 33445 Fax: 832-3555
10/31/07 Zone 3 Karen Lustgarten Home: 266-9084
Appt 11 /04/03 1850 Homewood Blvd #408 Work: 202277-2522
Reappt 12/04/04 Delray Beach, FL 33445 Fax:
10/31/07 Zone 4 Cory (Caroline) Cassidy Home: 278-0150
Appt 11/04/03 424 Palm Trail Work: 266-6760
R"'PI't 12/14/04 Delray Beach, FL 33483 Fax: 265-0616
10/31/05 Zone 5 Pamela Williams Home: 274-9095
Unexp Appt 01/18/05 245 NW 8'" Avenue Work: 243-7332
Delray Beach, FL 33444 Fax:
10/31/05 Zone 6 Fred Fetzer Home: 276-6712
Appt 11/04/03 932 Evergreen Drive Work: 715-9030
Delrav Beach, FL 33483 Fax:
10/31/05 Zone 1 Arthur Brown Home: 496-0264
Appt Unexp 01/13/04 4255 Northwest 10'" Street Work: 862-2361
Delray Beach, FL 33445 Fax:
10/31/05 Zone 2 Sheldon Weil Home: 496-0549
Appt 11/04/03 925 Greensward Lane Cell: 573-9355
Delrav Beach, FL 33445 Fax: 496-3867
10/31/06 Zone 3 Susan Kay Home: 495-7848
Appt 11/04/03 2571 Hampton Circle North Work:
Delrav Beach, FL 33445 Fax:
10/31/06 Zone 4 Mike Cruz Home: 274-4856
Appt 11/04/03 1510 North Swinton Avenue Work: 954427-0404 X230
Delray Beach, FL 33444 Cell: 350-7360
10/31/06 Zone 5 Gail Lee McDermott Home: 279-2551
Appt 11/04/03 721 Southeast 3"' Avenue Work: 276-8763
Delrav Beach, FL 33483 Fax: 279-4331
10/31/06 Zone 6 Jeremy Office Home: 330-2713
Unexp Appt 10/05/04 2837 Cormorant Road Work: 276-1641
Delray Beach, FL 33444 Fax: 330-2317
Cell: 670-7130
10/31/07 At Large Marilyn Kennedy Home: 278-3096
Unexp Appt 03/08/05 Representative 31 NW 14'" Avenue Fax: 265-3295
Delray Beach, FL 33444
10/31/05 At Large Patricia Westall Home: 243-7959
Unexp Appt 04/19/05 Representative 1102 Seaspray Avenue Work: 274-3215
Delray Beach, FL 33483 Fax: 274-3201
10/31/06 At Large Charles Stravino Home: 495-5375
Appt 11/04/03 Representative 3631 Lowson Boulevard Work: 243-7412
Delrav Beach, FL 33445 Fax: 243-7461
10/31/05 Home:
Vacant Work:
Student Cell:
10/31/05 Vacant Home:
Student Work:
Fax:
S/G.., CIetk/Boaro O4/Ncighbothood Ad..."'}' Council
Please or rint the folio
L Last Narne: 4 . 1
L. L-/E,v
2. Home Address: 1 fl A /1 .1
d)/, /v/AIV Go
3. Legal Residence:
..5AM6"
information:
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CITY OF DELRAY BEACH'cCEIVED~~~_,
BOARD MEMBER APPLlCAT.'.ION2 2o~';:f!<
RECEIVED (.. fV CLERK ~c:P1
OCT 1 2 2005
NarnelY (l
City D . f2
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City
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ML .J:
Zip Code
~44- L/
Zip Code
DRRAY BEACH
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AHmericaCity
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1993
2001
4. Principal Business Address:
-5"A-M E.
City
State
Zip Code
5. Home Phone:
ffiN'e
Business Phone:
E-Mail Address:
Cell Phone:
Fax:
6. Ar.e you a registered voter? 1/
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7. What Board(s) are you interested in s
/VE GJI 0 ffotJ-D
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If so, where are you registered? 'r--.. , /?'. /1'
. PEL- . JASJ.-R.(Y WMMTY L.'t72-
Please list in or~er of preference: A V
DVI ,e.VC,tJIIICII-. PoL 6' I+oI/ISo Y Do 12.0
I 8. List all City Boards on which you are currendy serving or have previously served: (please include dates)
ONE
9. Educatiorud qU2lifications: , I ~
n.., Gulh/A-rtE 2 Y~.es
GueGG CUI8E woR-K
to. List any related professional certifications and licenses which "you hold:
1V'077I-,(l fi t. c.- 0!-,eIO s J/-Vl) Sk:-77d1V'!'J (/s;wG
11. Give your present, or most recent elIlployer, and E,osition: I
P.,8C..s;; I'=F j;; 6,cI"ICE J-M.. 0f'EC/AL.-1S7
. 12 Describe experiences, skills or knowiedgewhich qualify you to serve on this board: (please attach a brief resume)
!N%f(a;-r /N {l,,/l1/l1/1/11;--r( IN /J wr. WI vTG-1l.- .L./'TEI2A-71> .fkEVld(J6
,ExpEf(/E/II"ce /111 rktJf'.G1<.:TY .MA-NA6c..MbV!. B;(!/EF ,MI3-MB 5fl--lP /N
SONSE k.)/tJ A. WPC!A-.,-& 0 ])B {!m2En1 ~ AcA-Ob7v1 V
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.
~~~..~ . .' DAn:d,/;~k
Note: This application will remain on file in the' City Clerk's Office for a period of2 years from the mte it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
S'alYQ.E1U(\8()A.IW\A1'I'UCATION
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2001
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CITY OF DELRAY BEACH,;.e-e*:~t(rf~/~
BOARD MEMBER APPLICATION 0 . "0
APR 0 j 2005
Please 0 t tb.e to . information:
1. LutName:
C i 'r'" <0- j ,..") K
111,-,,_CM,.
2. H<=eAdckess#/I/t7,___w' Ue tJ>"
3. Legal Rcsiden=
4. Prin'
Ho~ Phone:
What Bootd(s) ue you interested in serving? Pl....e list in Otdeo: of p<elttence:
8.
9.
11. Gm yow: present, or mO$t rec=t eoiployu, and position:
~
-
-,..........., _...~.... w.=..........
my put of any appointment I y< e.
-~ '
Note: This application will temain on file in tb.e City Oedc's Office for a period of2 yesu:s from the date it W'aS
, submitted. It wiI1 be the applicant's responsibility to easuie that Il cu=nt applicati.on is on file.
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8/23120033:24:16 PM Eastern Daylight Time
MJBPROPERTIE$
Ibol(ll!lvcos,com
jh1(ll!bellsoulh.net
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ISubj: RAoI........"!W~~.
iDate: 8/2312003 11:07:23 AM Eastern Daylight Time
iFrom: delcommish@hotmail.com
iTo: MJ!3orooerties(ll!aol.com
l~ntfrol7! /fie Internet (Details)
Dear Mr. Behar:
I have an' uix:oming appointment for an alternate member of our Code
EnforcernentBoan:!.
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Unfortunately, openings are rare and its even rarer that an incumbellt board
member is _etth,er temHimi!~ 9f .!:lO!!l!ll'J lMln".to ~ry,e .l!n.9.!11er tern:!.lt is
rny philosophy that if an incumbent is doing a good job, I would like tQ see
them re-appointed.
That said, the .CodeEnforcement ,Boar:d .isactiYe .and JlJ:IPQrtallt.tO 9J.1r !;ijy.
Even though the position is an alternate one, it is my impression that
alternates are very valuable because often board members cannot make the
.daVtime ,meetings.
~O!J col1sider an a\tf:mate position at thistime.2.. "
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BUt aUeastIhisis a -start.
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Friday, -September 12, 2003 America Online: MJBPROPERTIES
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. 1993
2001
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CITY OF DELRA Y BEACH
BOARD,.,EMBElJ APPLICATION I- ",.11
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M.l'
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~ Code
S~
City
4.
City
Stare
Zip Code
5. . Home Phone:
Busin"". Phone:
E-Mail Addr:es.:
ab
Cell Phone:
Fax:
7.
8. Use an Cit). Board, on whieli you at:e =dy, ~ or have p=?ous/y ,ccrvcd:' (pJeiise inelude elateS)
NO E
9. EdlieatiotW qU.alitieations:&. .
"
Notc:1'bis application will remain ci.a file in the Citj Qerk', Office loe.. pcziod of 2 years frOm !be date it Was
submitted. It will be the ~ant'. responsibility to e:DSIItt chat a ClUXent appJicatiotl16 011 file.
, RECEIVED. ~"""
\J 6- - II-~~ I...\-r
, JAN 0 8 2004
CITY CLERK
TOTAL P.02
(1,lj.,-1(t/05
WED 11:)8 FAX 56124J3774
em nE,RK v(- ~ E~/AJt~
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CITY OF DELRAY BEACH RECEIVED
BOARD MEMBER APPLICATION A,UG 1\) 2005
cnY OLERK
@()()~
OIU'''Y 8EA.Cti
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AII_CItv
" II ,!
1993
ZOO1
Please .int the foUo .
1. Last Name
informacion.:
FETl.f" ;I:,
N"ll1e F.< €JJ ULB.
Cily D 6' Ue.... y Bt>:A. <: II State ZipC-Q<k
FL 3 K~
City S=<: Zip Coae
D~.cA BeACH FL 33LfU
City State Zip Code
2. Home Address: DR'<le
'13'2... E.J~r ~~...
3. Legal Residence:
"l~2. E v'e C't<"rt D~ IV€"
.4-. PrincipaUlusiocss Address;
s. Home 1>oooc'
BusincS.S Phone;
5bl-7t5 -'to3o ~/-276 -.(.,7f
If so, ",hae ,-<e you <eg1stcrcd? ......
e5. .J/tiiL~A
7. Wlu.c Bou:d(s) are you mcece$ted in s~og? Plell.$e: list: in order of prefcr-enc('--=
A/"<>JI~tU NO,II A S>YJ~ '1.
AJ)flSM tD,A.(~
8. List ill City Boaed. on -..hich you ue cuuendy s<:CVing or ru..re p-teviously Ge.co-od: (pl=e indwk<htcs)
,l./ol<TJI&tUMOOD A7J";lso~ Ct,,,-,,,,,; f("j.P.3. "'S<r/7+ .
b"Ai<" '" Co sr.R"'c. /o..,J N'EA...s 10 ...-eJ~-+
9. Educuio~~Cltions:-
. S. .., /"fEe
5"61-27~-"7i'l- !;f.,(.- 7/S"-Q03o
6. he you ::l. ~cgis-tcI:cd votec?
E-M...i1 AdcUcss;
f'"J:. Pe. iZ.--e
Cen Phone:
F=
-c..
,lIe
EAlG
UAlIV
t>jO
hM ,.I IE s.:1€ tF:
10. List any <elued professional ce<liJiCluoas w<i Ii,:l::oses which you hold:
I?EaI5T€A?IiTD . AoFl:ss;O,JA<... ENG/,Jel1-e. ,c"~1 A
S-rAT~ C€tlTF/li?:b BlAnD'''' CON/'
11. Give YOUJ;'pccsent, or mo'[ cecCnt employcr, "ad position:
15~L..< ~p ~ -rElrco ,.j/~ to> ."PI
J (}e"~ A
r LO,(
.0...,.0,(, - E,ut;J~fiG<';~ A/oID
.Co"; STl,U;-TIOAj
.12. Draibe "'l'eOenees. skilJ.; oc koowl~ whiCh qu.Jify you (0 .'"
~ c G" . ~
e on this board: (Please "tt>.ch a brief resume)
0811 3)05
19:09
tIO.252
(;1003
FRED B. FETZER, P.E.
93.1 Evergreen Drive
[)el,ay Beach, F/(I,ida 3348J
(561) 715-9030
(561) ) 76-67/J
fbfnzet@belJsi,utlt.nel
OBJECTIVE
To obtain. a challenging posirioh sen'ing the community where m~v e:clens;ve administrative. marwgerial and
technical skills will be vcilized.
QUALIFlCA nONS
An i!Xperie'k'":e~l pnifessional who is dependable, se!fmotivated, flexible. committed 10 ~ening high scandards of
ethics and pe1formance. and willing to work hard to achieve aggres$'fve goals.
WORK EXPERIENCE
Nov., 1989- BeUSourh Telecommun.ications.Tn.c.. Miumi~ Florida w.d Pl4.ntfltibn. Florida
h~M~ D~~~E~~e~g~dum_cr~
Directed the operations ofrhe OutSitk Plonl Engineering and C01l..(trucfioll o'<ganizalionsfor
Network Operations Divisions in the South. Floridu Area. This included reSFOl1.$ibi/itiesfor
design and construc.tion of annual Co".sfrl~ction Programs CNeraging $40 w $50 mj/Jion pe1- year
year. Construction Programs consisted of des.ig'liJW and co,1$lr"UCting telephone ne:t'4'ork
facilities in.clwiingfiber optic cables. loop e.lurr01zJcs and ('''opper based fodlitia, I averaged
250 to 300 employees (7 Direct reporL~:) bl my organizatiON, including Area Managers. Project
Managers, Loop c.apadry manag~rs, Engiueers. Construccior, Supervisors and field technicians.
Recired from Bid/South (m .July 31, 2002 with over 32 years of service_
Fch.. 1987- S(latltem Bell Telepl"",.,( Telegraph Lh'I""4[j(ln. Sunrise, F/JJrida
N(lv., J989 Opeftltwna M4nage,-Florida Netw(l,k Support
Directed the operations of the Computer Maint€n.ance Centers in Sunrislt Miami,
atJd JacksorrviIle. Supervised variuus Network Support Sysrems and Centers induding
srat(!W.'id~ network monitoring and mailJ1enance. database managemerte and information
Technology (IT) su.pport. This ,,""'as' a staTewide line organization wiTh approximately 250
employees (9 direcJ reports)_
Mar.,198]'" S(lulhe", Bell J"eIep"olle & Telegraph C(lrp(lralion, MiamI. F/(lrid4
Feh., 1987 District Engineer
Respomible for mwtaging the Outside Plan1 Engineering DistricJ and Loop Assignme1Jl Center
for the tzorthern portion of Miami-Dade Coun9'- Direded Engineering and Loop ..tssigmnent
Center wor-k groups i'l the phmning. design and provisioning of Iletwm'k faciliries (including
'/ W(LJ responsiblefor (Iu!. engineering and managemenr of an JJtI1ual Construction Budgel 0{$20 to $30 million
in thisposicio~1. 1 had app,.oxi1Tlate~v 100-/10 subordinate employ~es;'l this organizatio'J (8
dirt:,(..":t reporrs) including engineers, supervisors. drafting clerks and other derical support_
Sepl.,1979- Sm.,heTJI BeU Telq>ho1le & Telegraph Corp.. At/anla, Geof1:ia
March, J 982 DirtTid Scaff M4nage'
This was a rotational assignment on the Compan)' Headquarters scaJf. I Wa$' respof'l$ibIe for 3Cajf
su.pport bJ managing and adminisredng Southern Bell"s Ner:work COtlSrruction f>rQgram for flu:
lour stale region The Capiral Budget associated with the Network Construcliol1 Program
averaged over $600 m.il/ion. annually. l had a srajfof /0 employees in this posiTion (including 8
Engineering Staff Jionagers wlw ......ere direL'f re.ports).
0811 ?(J(j5
1'3:0'3
m.25.2
(;1004
Ap,il. 197J- SOMhern Bell Telepho/le & Telegraph Corp.. PI41Jlation, FL and BlOca Raton, FL
SepL. 197.9 Supe:rvising Encineer- J-tanralion District/Area Mallager-tJ.oca.. RIJtQn D~lrjcJ
Supen.'ised Outside Plant F(Jcili~v design g"oup~ in (wo Southeast FL Disfricrs. Responsibilici.t.s
included supervising design of nerworkfadlities, cunene and long range plannin.g. In (his
pOjiriolJ. I wa~ resporLSible for managing annual construCTion bu.dgeis of$10ft{ co $/2M a"d
s.upervising u..Huff 15 to 20 engineers and clerical support personnel (incJlJ.ding 10 to Tl direct
reports).
Ju~v, 1970- Soumem Bell Tdeph<J'", &0 TeIegrapl. Corp., Ftdntanon, FlDrida
Apri/,1973 Englneu- Outsid", Plant D<:sip
Responsible for design of OutsiLk Plant (asP) facilities for a geogr"aphic area (southwestern
Broward Cqunry). These. responsibilities included design engineering and current planning.
J had no suJ:J'Onlinflle$ in This position..
Ju.ly, 1967- M,,,t/n Jt.fa.rietta Corporation, OrlLfnM, FIQrida
Juue, 1970 Enl:l""",- TI..,,.,,.<1<lynamicJ Sectwn
Responsible for design el1gineering on missile defeme sySlerns through U, S. Government defense
cOntracts. ResponsihiliTies i11cluded thermody'namic analysis and design of missile compon.ents
and technical wririllg. .l had no slJ.bordinare.s in this po.."itiotl-
EDUCATION
UNIVERSITY OF TENNESSEE. KI1oxville, Tell/lessee
B.S Degree in A-f~challica[ Engineering
PROFESSIONAL LICENSES AND ORGANIZATIONS
Registered Professional Engineer in rhe states of Florida and Georgia
)...{emher afthe National Society ofPrq(ess.ional Engineers
Mem.ber afthe Florida Engineerillg Socie~v
Slate Certified Building COnP'acror~ State of Florida.
CIVIC INVOLVEMENT AND E.J(J'ERIENCE
El.::credro the elt}' Cat.mc.:i.l in WtltonManors._ Fl ih. 1973 andJ'e-elected[orl additional 2 year terms_ Served as
City Council president for 2 years. Appointed by rhe Broward COlmty Commission Co serve on lh2. firsr Braward
County Planning CowlCiI durin.g this period Resigned council seat in } 979 due to {I job rransfer by my company co
AIlallta. .
Presencly serving as Presidenl of Tropic isles Civic Association ill Delray Beoc.1t (de.cJed in Feb,l<<Jry. 100]).
Graduated from the Delray B~ach Resid~nts Acad.:m.,v in ApriL 1004.
P'#lSelJr:~' .5~,.vitlg CoI1 the Boa,-d of Consn-uctiolJ Appealsfor rh2. City Q( DeLTay Beach (appointed by the City
Commission in 2003).
Presel1l~v servi'lg m1 th~ Ci(v of De/r'ay Beach Neighborhood Advisoty Coun.cil (appoinred by the City Commission
i/1 November. 1003), CurrenI{v serving as- Second Vice Chairman of this hoard.
Present~l' serving on Mayor Perlman's Racl: Relarions Committee i" Delray Beach.
'rese/Illy serving as SecrelrJry/[reasurer ofrhe Board ofDireaor; ofT,opicat Financial CyediI Union (TFCUJ.
Sel-ved as a member l!t"chis Board of Dire<-70nJor o\-'el' J 9 years (includi'lg 3 years a.,.. Chairm.an)_ TFCU is a Soull,
Florida based financial services orgnnizatio" with uver $650 million in asse/S..
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CITY OF DELRAY BEACH RECEIVED
BOARD MEMBER APPLICATION
OCT 1 :I 2005
CITY CLERK
KL
IRWIN FIELDS
CITY CLERK
10/13/05 09:37 FAX 1 561 638 1263
1Q/1J/05 TRU 10:50 FAX S61!4J317~
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:5614983373
CITY CLERK
Oct._ 14 2005 08:25AI'1
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lO/W05 THlJ09:04 FA! 5812mm
Resume'
Alice Finst
701.Pl~ Tavant
Delray BeaCh. 33445
Appll<:adon fc>r Neighborhood AdVisorY CoUncil
# 12 Des<;ribe esoerienCl:.1 skills or knowledge which qualifY you to SIilcve 00 this boa:rd.
Listed below are some of my civic experiences since lllOving to DalBY Beach in 1911.
please NJte th4i dDJ&f iUe lIpf'uDdnrlIle tula IniU' cr:rpul sevuaJ yurs.
Melnbenhlps
Homeowners' r-gue of Ch.telalue 15170's 10 present
ChainnllI1 AtcbiteetllIal Control Couunittoe, Editor, "The Cbal:1erlines"
~mber Board of Directors, City O:lInmission observer for Homeowners League
ProerCIIslvc Residents of DeJray Beach Baard of Directors, SPRAB monirot
tldray Beacb President Council, Pride;n Neighborhood Committee
Mounts &tamed Gardea.
~e j)f Women Voters of South Palm. Beach Connty since 1915. Delray Beach
Good Government Committee
'! Lobbying Aett"itles
Acquisition ofland for Batwick Park, (also servcrl on play ground commitue).
Land acquisition for Fire Sration at BaJ"'ick: o.nd Like Ida Roads
Sid~alk:l on Barwicl,( Rood
Fencing at V=s' Pack Playground
Briglrt Park
Servke 00 City Board' Bud City Rcbted CollUllittecs
Pineapple Grove Pre !\hill Street 1993-1995 Beautificotion CoIIlIlli1tee
Community Appc:ar811ceBoard 19&3
Rbtoric Presen-atloll Board. 1987
Education Boanl1990
NorthWescJSouthWest Neighborhood 2002- SidewalkIB6lIlJtitlcation Commitlee
. CUltural Loop Walldng Committee visited 80 sites June 10031 Risto!)' ColllIllittee
Sdlool Advisory Committees
A.D. Heudenoo 1986-1996
S.D. Spady 19'8-80, 1999-prellent
AtlsDtic Bl&h School 1987'1'rcoeat
. Other .
.City CommWion Wa~her since 1979
'?OI'J : GER-SHII
'J" 'V-l." 'J::l Iiil,
1.~:;':J t'A,3. btll~43;."I'Jll
Aug. 04200g;M!;Y
<?jL/h ~tJjJ/~.xsJe-
CITY OF DELRAY BEACH E.CE-\\JE.O ;!dlt: &
BOARD MEMBER APPLlCATIOIi " 1\\\\'i
' ~\lG - 'f...
v c\..~~
crt, ,
FA:.: 110.
: 561?6F...o?...J6
l:ll'l: CU:.l{lj,
OEUlAY BfACH
~
iqrr
1993
2001
1.
City
2.
'}J
E/JE ~T
3. Lcg:ol Rasi<ko.= S Am.e
4. P.cincip&tBusio."". Ad<h=:
City
City
Sh.te
Zlt> Code
I
it; aO,bJ.e Phone: ,
Ht 060'1"
6. Au you ~ ~t...ed VO""'?
7. WIut Bou:d(.) """ you Interest
you <egistettd?
'Business Phone:
E-M.oilAddteoo:
Cd! Pholley
Hb-
. !r/V' V Ir7 ff/ i C,J
8. List all City Eo=.),; 00 whkh you "'" CUtt~dy scering 0< h.vo 1'r".->o=ly .=,ed: (PL::ao<. indO<k. da...) ;V 0 h'
1 Edu.c:ui~ '1~o.tio[l$; 13
to. Ust any ~eIated profOZ>Siow.!. certifiC1tioWi Uld lice"",," which you. hold,
tL"Gl-ve youe pCC!lWot, or m.oot recent calployor. and position;
1~ Dtscrihc ape.s...=. .Idli. or kno'l>\edge whi& quaIiii' you to '"""'0 on dUs o-.ud: (pIe:uo 2lI.Xm .. hcid" r",umc)
. . . t all ~e .bov <=='" ,are tcuo.:md r agtre Uld D.!l~=d tb1tt"1'7 wis'''''''''''''''t of m~~ &eo:
... .....--~-""'-=..,.., ~-"'- ~~
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DJ\
app&..tion will remain. on fiIc in d..e- C~ Ckde. Offioe for"- pe>lod 0[2 y= from the ~tc it ""'"
nUtte<!. It,,,,;u be the applicmt:'. """l'onsibtlity to Cn.ui~'dJ", .. =t "PplJ.ca.ti.oo. is on file.
~CL.allI:lu.o.-.ab~
10/13/~005 14:39
561-681-00~3
PAGE 82/02
I~/~ "
fit!u~'oJ
CITY OF DELRAY BEACH RECEIVED
BOARD MEMBER APPLlCATIOHT f 3 2005
/iITY CLE ~i
"--------,. Y{P~. e..-
Name M.__
IIIIoIAI! RII"3E SGHOOL
,
1993
2001
Pleasc tJ(pe 0, print the followi~ information:
1_ J....Ast N3mc~
State
;VIA-
State
?~p Code
A/(A-
Zip Code
2. Home Addressj/ ,/
_ / tf'7L..!J.L^C'f'/(O__
3. Legal Residence:
Xl!21k.
4, P.rind~ B)'iin. ess ."'ddrt:ss: . f
~/#;U 't><'rif.~ 5ctr.6V
( 7,f~LG::" /-_~
5. Homc Phone: Bu 'n<:os Phone:
~
11< ~ ;,..z. --- I' - '.l~
lu:e ynu . n:gisocred VOter? f /'1-- (/ ~
/v(;l 7~'
7_ Wh.t Bo~h ~ JOu i9tcrcsto<}in ~? J?lcase li",: in 0"$5 of pref<;m>e'"
.' e:l 1?1t{;?O?;;L /h1f/)rSr.qz~Cl.Qr~
City
, "i)?I.e~,fk:rgqh
Clty
5q /JtZ
City
W ~f/Ci-IMgr:::@ck
$~=;~;Jj f~O~C:
If so. where ate you registered?
/C,
Fax:
8_ List an City BOllt:d:s on whkh 'f()1.1 S%:'e CUfTmtlv $Crvin~ or have- previou.sly 'Served: (Plca$e i.ndude. dates)
, tJ ,U.c' '.
9, Educ.rional qu.lifie~rions:
,,;7lM Q.
10, List JUly related professional certifications and licenses which YOll hold:
'72:31-eh>z. tY/dihC';-/NJ1-
D/flM []Pal-A (C/I..af
,. ,
Jc4 ("fii(\
11. Give your present, or most recent emp.1oycr) a.nd posicion:
5!too/ ClS-h/'/of ~Jm 'a,h G-1./4 ' 7b4d~
12.. Dcscc.bc experiences. s,kills or knowledge which qualify YQ\l [0 serve on this board: (plc~ arutch a brief rt.-su~c)
-04, Xk. -e
/tJ -/3 -OJ
DA'1E
Note: This appliClltion w.ilI ocm'un on file in the City-Clerk's Office for a period. of2 years from the date itw->s
suhmitr:~d. Irw.ill be me applicant's responsibitiry to ensure that a current appliarian is on file.
s:v:rn'Ct.~m(l""'RDIA.Pl't.1C"I\TlON
10/1~/~005 1&:13
.~
1993
2001
5516~o::r:~~1
CES
Izj/3 / IIJ PAGE 01
7tJStf~~
RECEIVED
\ 0 J E.'.-", ;C-L
'::::>19\ ~l\ '3 -~~~77q
CITY OF DELRAY BEACH OCT 1
BOARD MEMBER APPLICATION 32005
CITY CLERK~I
~qnhrerS~
M.LN
Zip Code
2.
3. Lc:gal Residence:
Zip Code
City
Zip Code
4. Princip.l Bu.iness ;\ddr ..:
<-"'2 S ~2 t-\~~", r \S\~d ~ ~,oO
S. Home Phoot':
State
~0;..~n-..
tt.- 'S sL\)
Fa.x::
Cdl Ph<:me:
, v-.6
, where ar" you registered' Gel-C-<=:< ~e,-(.,I.r... ~
E-Mail Addte,>:
~
,
6. Are yO\! a regiqered Vo(
Wbar Board(::;) 3I:e you int. .~5(cd in serving? Please list in (In.\H of pcefe(c;ncc;:
N~'~A....~O\-\";'-o ~-~-..J\SOC7 Ccv..."c:.,\
8. Lior aU City Board:5 on wlti h you Arc cunendr ':.'€1ving ')" h.,},,"€,. pre1.1.Q\;l.,ly s~rvc:d: (Please include dates) t\~
9. Ed"catiO~"lqu'li6:ation': ~ & fee.. ~C- G lC:td.va..~ vJDIY__
\.-\'~e-
~V5",",-~5 \)NeLf~
1~. Qescribe expccieo('.(''), skiU
-- r' ~
O,-\TE
Note: This application ~;ll "nuin on file in the City Clerk's ()Hic(' for -~ pui<...")d Df 2 yeus fcoJTI thC" dale:: it was
submit.ted. 11: will be he applicanr\. re.sponsibjlity ((l ~n:)uJ:e lhiH a corrent applic....lion is on file.
:!01(T,'I"(U'I'-KlBOM'-Ouo..I'PLK" Tl()N
HANSFORD N. mGGINBOTHAM
920 SUNFLOWER AVENUE
DELRAY BEACH, FL 33445
(561) 499-8331
CORPORATE FINANCE & INVESTMENT
MANAGEMENT EXECUTIVE 199O-Present
Independent consultant to private and public companies, advising on matters including
capital structure, debt and equity financing. mJItUlgement dynamics, mergers and
acquisitions, strategic planning and marketing. Record of achievement introducing new
concepts and services to clients, turning money-losers into money-makers and capital
creation approximating $70 millioa
Concurrently have held contractual relationships with NASDINYSE member firms for
providing securities brokerage and financial planning services fur my individual and
bllsiness investment clients. Member firms include Old Dominion Securities, Questar
Capital, Round Hill Securities, Northeast Securities and J. W. Genesis. Client assets
under management have exceeded $36 million.
ACl'RADE CAPITAL, INC.
Regional Manager 2000-2001
Responsible for management and sales growth of this public, international company's
Southern Region. I was credited with building the Region's annual sales volume to
over $23 million prior to the Company's decision to consolidate its operations and
close this office.
PIONEER PRODUCTS 1988-1990
"Marketing Manager
Assumed marketing and P & L responsibility for the 150+ consumer and institutional
products of this General Mills manufacturer. Credited with the creation and introduc-
tion of five new brands (1 I sku's) during an aggressive line expansion. My efforts
contributed to two years of record company revenues achieved within profit guidelines.
EXECUNET COMPANIES 1984-1988
Partner/General Manager
Created and developed unique enterprises providing consumer and business services
through these successful companies: Execunet, Home Office and Memorybanc
Inventory.
HANSFORD N. WGGINBOTHAM, Page 2
DEL MONTElR.J. REYNOLDS FOODS 1980-1984
Region Manager and Division Manager ultimately responsible for $50 million in
annual sales of a 500+ item product line through direct and food broker sales forces.
Wrote and implemented operating budgets which included personnel, operations,
local advertising and marketing, trade shows and trade promotion. Managed the
regional merger ofRJR Foods with Del Monte.
PROCTER & GAMBLE 1973-1980
District Field Representative and Unit Manager in the food products division.
Managed sales of up to $15 million through direct representatives and account
managers. Recognized as my district's Top Unit Manager in 1977 and 1979.
Consistently ranked among the company's top managers in introducing new items
and brands. Developed successful college recruiting programs at South Carolina,
Clemson and FU1llIlin Universities.
MERRILL LYNCH, PIERCE, FENNER & SMITH 1970-1973
Account Executive
Sold investment securities including equities, fixed income, options, mutual funds
and commodities. Branch office leader in opening new accounts.
EDUCATION/CERTIFICA nON
B.A, Liberal Arts, UNIVERSITY OF TENNESSEE, Knoxville, Tennessee
Series 7, General Securities License
Series 63, Uniform Securities Agent State License
:iaf~~
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~ ~ hV"'d laiooz
,=~ - --{;-w ~~'I.!~':~~~I_"
\J Q,,;<E' CO bb rJ/ 'u!.
CITY OF DELRAY BEACH RECEIVED
BOARD MEMBER APPUCATtON
SEP, 1 i 2005
ITY CLERK
M.I'lJ
. Cock
, S-
Zip coo"
33145-
, ,Zip co&
tJ f\
89/19/05' ION 10'1$ FAX 5612433774
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19':13
2001
L
..E=.MiilAddte= CdlPh"ne:
. " (~ ~.\'\*,€ad,,1 hi". .
State
FL
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.'. 11'. cal1QQs: 1:). it', FA u ~~ f,: u\/\. ,I\A., ~ (& "^ ((3'.:1'-.; ()"V\
. "--. -
. IO. List""1mlatedpr~.I","~1lnd~wl.id.yaahold,
ot.'Q~ 'Oebc;e De
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DURAY BEACH
~
AIl-/ImeIfcaCily
, , II ,!
1993
2001
.-LO~ I ~ee~t/b!S/~
C12/
.At4-? ./ V c$' 0
CITY OF DELRA Y BEACH C1ry' .) <'UO$
BOARD MEMBER APPLICATION 11 Ol~~I[,,11
t l iMljj/o/IIOYre~
.5 ~ :J~!77
Please or rint the followin information:
L Last Name:
I{L-~/t/
2. HomeAddress:,# ['?t [ ;foA--J)
3. Legal Residence:
~
4. Principal Business Address:
Name
M.I~
~5o,y:
Zip Code
W'~
Ci~ [.c./' dF4cA1 ~
City
State
City
State
Zip Code
E-Mail Address: Cell Phone: Fax:
fJ7'/OJ/!-/n,tZ.@r;w1. ft7 V"?IG3Jt-z- 3
6. Are you a registered voter? i U If so, where ~~e~n~} "l'iO,<A)J-4 ?~.J;:I'/,Jif k'l
7. What Board(s) are .Y~ interested in serving? Please4ist jq. Qrder of preference:
/-1"&1 4Bo/fr/oOJ> /9-VV(.IO ~t/hI~/L
5. Home Phone:
/~3g 35/7
Business Phone:
?H#H/N
8. Ust all City Boards on which you are currendy serving or have previously served: (please include dates) ~"J '2,
9. Educational qualifications: . '2 /1h , /
\Vi\{' rt'-'C!Z/C/ A7? 'V
/?'W .4
ro. List any related professional certifications and licenses which you hold:
1 L Give your
nt, or most recent employet, and position:.--7/I~ m -r:::. , ",..
~W71JL:J>II!€ei7Jj{ . /J'f7:./'/C!..rR<-lL-.... <?-"U
'/?rI/'h'It:!. / I'h- 0300 tAJ/f..L.A ,>, .,t L
. ~4J </ ..f'~/oo #oAJ~pA- 'lo'TT
12. Describe experiences, skills or knowledge which qualify you to serve on this board: lease attach a brief reswne)
'y-U- {1
certify that all the above statements are true, and I agree and understand that any misstatement of material facts
. s application may cause forfeiture upon my part of any appointment I may receive.
J'ft: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 responsibiliry to ensure that a current application is on fIle.
s\cITYCLERK\80ARD\APPLlCA noN
/ /Y7 /IJ// ~
I /h I~J
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
LYNN J. KLEIN
114 E. Lee Road
Delray Beach, FL 33445
RECEIVED
MAR 2 5 2005
CITY CLERK
myoptima@aol.com
Home: (561) 638.3517
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-de5ign 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 Consultinl!
. 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 $1 M
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'5 (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 $50Mhealthcare client.
. Created a medical record audit program that used a team ofdinicaland f.jnancial professionals to
review a hospitals billing and medical record compliance to Medicare regulations.
. Wrote business plan and assisted in securing the initial $2.OM investment for an e-commerce
business. Provided operational and financial consulting while acting as CFO during the product
development phase.
Tactical Finance and Accountint!
. 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.
i
f
Manallement 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-million dollar systems
conversion.
PROFESSIONAL HISTORY
INDEPENDENT HEALTHCARE CONSULTANT, Delray Beach, FL
1994 . Present
NOVACARE ORTHOTICS & 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 branch locations. Supervised a staff of eleven.
GOLODffi TRADING CORP., New York, NY 1986 - 1989
Financial Reporting Manager
Responsible for all financial reporting and cash management for a $300M privately held international
commodities firm. Reported directly to CFO and partners. Supervised a staff of thirteen.
EARLY EXPERIENCE
"Big 8"audit division and private accounting experience in real estate and brokerage/commodities.
EDUCATION AND PROFESSIONAL ORGANIZATIONS
Penn State University - MBA (1999) - Finance
St. John's University B.S. Accounting (1980)
HFMA Member - Healthcare Financial Management Association, Florida Chapter
Volunteer - Membership Committee, Professional Development Committee
*****
I ~/b1Ij1Jf;
(j$- ~ 1JR.
CITY OF DELRA Y BEACH
BOARD MEMBER APPLICATION. tJ~f 3/, ;1' e/L
jyf~/Jr {:.<- L--1d r It;
DELRAY BEACH
.. , 0 . . 0 ...
m~
1993
2001
1.
information:
2.
3.
------
4.
City
State
Zip Code
5. Home Phone:
Business Phone:
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.C~
If so, where are yo re
Cell Phone:
Fax:
11.
I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts
con7~ in this appliton may cause forfT:"upon my part of any appointment I may: receive.
J'!JIJrid cf(ltI/lfJnCd.Jft)J RE eEl VE D
i&NATURE DA
DEe
Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's respo0l>lh~ ~l~at a current application is on file.
s\CITYCLERK\BOAlUl\APPUCA nON
1(Yl ID\I2\
information:
L('Cl( f~fz/2-
<61 rt?-/11
CITY OF DELRAY BEACH ,70
BOARD MEMBER APPLlCATI(JIt.CE.\ J
\lG ')1 'l.\)n'i
rx I(...
Cn'< C \..€.?\
}.LM
Zip Code
35"/~
Zip Code
'3,3Lj
Zip Code
Name
~\LJ
DELRAY BEACH
.. ~ 0 ... . . ...
*****
qrrr
1993
2001
3. Legal Residence:
City
:D
Ciry
A
State
FL
2. Home Address:
/..A-IL€- ~
~{.i,-
State
R-
State
5. Home Phone:
~
Business Phone:
12-0.
E-Mail Address:
City
~
4. Principal Business Address:
Cell Phone;
'fZL ?, ?,.L{3}
Fax:
I- 1/(- 61 li fJfV) U>
6. Are you a registered voter? \ ~S If so, where are you registered?
7. What Board(s) are you inrerested in serving? Please list in order of preference: ~
. .- '(j
r have previously served: (please include da
<3
9.
P-/IA/. (l/J <<l' <:> ~
&r-~ -c..A - cM\ ~ tJ ll't-
11. Give your present, or most recent employer, and position:
. 12. Describe experiences, skills or knowledge which qualify you ro serve on this board: (please attach a brief resume)
:52.e-
I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts
contained in this tion us eiture upon my part of any appointment I may ;2~~
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.
S\aTYa.eRK\BOARD\AI'PUCATION
Nicholas M. Loeb
mnIoeb@aol.com
2255 Glades Road - Boca Raton, Florida 33431 snite #223A. (310) 384-6425
"
PROFESSIONAL EXPERIENCES
2002 - Present Nicholas Loeb International Boca Raton, Florida
President and Chief Executive Officer Los Angeles, California
. Founded a real estate company to purchase and remodel properties. Have already remodeled and sold five
homes.
1997 - 2002 International Production Company Los Angeles, California
President and Chief Executive Officer
. Incorporated and managed a company in the film, television, and media industry. DevelopeQ and produced
major motion pictures.
. Secured financing of $5ooK, developed, produced, cast, or8"ni71'iI, managed and sold the award-winning
feature film, The Smokers, to MGM, which has grossed over $5 million to date. Quincy Jones served as
Executive Producer, and Dominique Swain (Lolita), and Thora Birch (American Beauty) starred in the film.
. Produced, organized, managed, secured financing and setup several episodes of an award-winning
documentary, The Living Century, with the Independent Documentary Association. Barbara Streisand served
as Executive Producer, and PBS has aite<! the show.
. Assisted in casting, scouted locations, and raised funding for the independent feature film, Absinthe.
Summer 1997 Primary Colors Los Angeles, California
Production Assistant
. Secured movie set, and provided and organized extra actors for the feature film starring 101m Travolta and
Emma Thompson directed by Mike Nichols. Developed necessary materials and contracts for actors and film
management.
Summer 1996 Univenal Studios Universal City, California
i Corporate Development, Motion Picture Finance (Internship)
. Set up databases to produce infonnation as requested on genres by categories for gross sales. Assisted the
motion picture group with analyzing financial data. Scouted and researched actors for future Universal
projects.
EDUCATIONAL ACTMTIES
1994-1998 Tulane University
A.B. Freeman School of Busines.s
Bachelor of Science in Management; Concentration in Finance
. On-Campus Orientation Coordinator
. Division 1 Track; Javelin
New Orleans, Louisiana
OUTSIDE ACTMTIES AND INTERESTS
. Council of Trustees for the Republican Party of Palm Beach County
. Member of the Boca Raton and Delray Beach Chambers of Commerce
. President of the Republican Club ofDelray and Highland Beaches
. Centre Kids Committee for Center for the Arts at Mimer Park
. MSBLjMABL Baseball Player; South Florida League
. Deputy Sheri~ Los Angeles County Sheriff Department
. Board Member, LOs Angeles Sheriff's Star Organization (LASSO)
. Vice Chainnan, Sonoma Loeb Wines
. Member, Host Cotutuittee to "Starbright Foundation"
. Member of the "Nicholas Cotutuittee" to support the New Y orlcers for Children (NYFC)
. Member of the Escada Heart Committee
. Volunteer Wrestling Coach, Santa Monica High School
. Member, Screen Actors Guild
~x~
~~
l' I J If
1993
~OOI
-to ~~ V~J'liee___ CDbl)
~ I IlJOOJ
--lTZ--~'---
, <.:/1 C{ feJ ainL..
, RECE.\\IED
CITY OF DELRAY BEACH OC1 ,:\ 200S
BOARD MEMBER APPLICATION _ C'LE.f\K
, C \1'(
/q(q/ui
Clrr CLERK_
10/13/05 THlI Ot:01 F~ 5612433774
Mt~
I
I
S~L ,Z' ~I
,State Zip C<Yk
Fie 5.34i.fS-
r~1 ~ ~tlt
Far
(p) l--J-) '7 ~
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5. E-l:.wtAM~.-;
Cd! Phone;:
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110- List IlUf c.clat:ed ptoC=iodm ~tiom audli~"" 1ll'hicl!. yO''' 'hok!;
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11.. Give'y<IW: ptt:$ent or n=nt employe<;, ..00 po:rition:
- I , .
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I.
IS ~"\1Nle.. . L. Cl - , 'QO ,_
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! I.o<dot v.....Jl. th.c _' Is """ ttue, 2O.d I agttc ond undcn;tmd dn. ...ymis"atnn..nt of maOelDl bet<
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-
.
Bill Milner
3400 Place Valencay
Delray Beach, FL 33445
561-637-8896
Professional History
2001-Present US Census Bureau- Field Representative
1999-Present Pre-Paid Legal Services, Inc. - Independent Associate
1996-1999 - Mustapha's Wadi Catering Services- Co-Owner
Education
B.A. Interdisciplinary Social Sciences, USF, Tampa, FL
rcan make a meaningful contribution to the Neighborhood Advisory
Board for the following reasons:
· I understand the need for and the mechanics of building consensus
. Ability to work effectively with people from all backgrounds
· Aware of the interests and concerns of our business community
· Conscious of the limitations and the possibilities of public policy
· Empathetic to the challenges to homeowners of modest means
· I know what makes a community attractive to outsiders and
welcoming and comfortable for its residents
ifffr
1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
(jtt[)Zld E~"
;z1N!J
O,,(AAY-8tACH
.._ , 0 '.. 1."..- ..
......***
Pleas
;/17
e tvDe or orint the follo~ infonnanon:
1. Last Name: lLJewell Name (.] ''1' - ML
,. c.e...
2_ Home Address: City v State Zip C~$
;JJ; 0 NE ;:),.)1 AUe. lJeJ,tUr -13e<uA. r/ J3f('(
3. Legal Residence: City I Satte Zip Code
S6.>v1"
4. Principal Business Address: City State Zip Code
.so ,,/1 <?
5. Horne Phone: Business Phone: E-Mail Address: Cell Phone: Fax:
'i;)(J J 78- 3o{8' . bneuJe/(J. ~4.fl<1a:~, &61}'1'1J-33/1
6_ Are you a registered voter? Yes If 50, where are you registered? tf), ~A
e.lr"-'7
7. Wbat Board(s) are you interested in serving? Please list in order of preference: I
/'.hI-7;-J;--t'J.- LUj 2on,Aq /V0<<.,j Neie/.k;,tJ{("J ;<J / Vi..<f~ Cc<< /I c:! S.k /'!"'/f {-1'I/I'e. J
8. . ~~~_?fry.~~~d_s.?~~~ch y# arc cun:e.~~y serving oi!h2-ve p.r~qously served: ~le3.s~ in~t':1d~.~at~$) _H__ .. ..",
9. Educa.tional qualifications: cJ!~C;e ,y: .oo<tkSP t:O'-{u!t[ qC CiC<P'frl
A-A_ U,iUr/S-j,
I V I I I
10_ List any related profcssional certificanons and licenses which you hold:
.-
11. Give your preseor, or mOSt receot employer, aod posinon:.o; /_ -<:. (' 0./ t<t.
a. .J Ire/";
/Ce.a I tc" I
12_ Describe experiences, skills Of kno"1edge which qualify you to serve on this board: (pl...se attach a brief resume)
I heteby certify that all the above statements are true, and I agree and undcrstand that any nUssl:l\tl:menc of marerial faces
con~~ ar;;;;;;ry ~use forfeitu;;~;, ~~~y aPPOintm~~;/:;tiVC
I ::;N!\ . JAN 0 5 2005 DArE
Note: This applicanon will remain 00 file in the CiryS;Iq:1<s, gffice for a period of 2 yeatS from the date it was
submirred Ir will be d,e applicant's ..epl2tiIQi.~~~U1:e th"t a CU1Tent application is on file_
./};; aft _ _ s.ClTYctE""""^",,"Al"tLlCAIIO"
Bryce Newell
2&0 NE 2'"' Ave.
Delrav Beach FL 33444
Home.
Cell
E-mail
(561) 27&-306&
(561) 843-3311
bnewelll@hotmailco"l
PROFILE
MarKeting and sales: executive with 6 years ofhigh level outside sales experience, with a proven track
record in d~veloping new business &lid driving revenue in leading edge technologies. Strong analytical,
=tive, and communi<ation slalls developed through llSIlignmellls in strategic planning. marketing
commlJllicarions., product launch"", lUld ""ining. Excellent leade.,;hip abilities demonstrated by delivering
results through highly motivated and imaginative teams.
Pro/=tonal Expuience
FDN COJIIJlluoiatiottS; West Palm Beach. fL
Senior ACCOWlt Executive
4/04-Present
Prov:ide <hna products and services. to business. tbrougbout Florida and GeoTgia_ P'rbnary focus on
international multiple location corporations relying on high use data 1Iansport. In the top running
for rookie of the 2" half of the year award.
MeLeodUSA; Oaid>rook, lL
Senior Account Executive
3/03-2/04
Mid-Market telecotn1tllJtticariolts sales position in greater Chicago land area. My responsibiliry is
to acquire new Business only. Services consisr of: PRl's, II's. VPN's, frame Relay and
Wireless. Typical month includes running approximately 15 new appointments~ resulting in 4 to
6 orders rnnging from S500 to :&3000.
CleaM)oe Commnniations; Westmont. [l
Senior ACCOlDlt Man3Rer
7/02-12/02
Videoconferendng Specjalist pos.ition,. brought on ro establish marlcet share in. Chicago.
Company provides end.t~nd solutions for video. audio and web conferencing services.
Primary customer focus is Fomine 1000 ",,<<Higher Education market.
Taudberg, LLC; Chicago, II.
ReltiomI ManaPer
8/01-6/02
Responsible for selling TANDBERG Videocouferencing equipment to Edltcation and Medical
Agencies. Pattnered with consttltants and system integr1ltO.,; to provide the customer with a
complete solution. Current territory consistS of Illinois, Indiana and Wisconsin.
InView; Chicago. [l
Business Oevelomneut MttIlaeer
10/97-7/01
W orlced wiilt equipment dealers, system integrators and telecommDDi<ation companies to develop
new accounts. Increased COmplUlY reveuue by 20"4 by creating a partn=bip program. Developed
working relationships with .ystem integrators. equipment manufacrures and telecommunication
companies. Consulted with IT and Telecom Directors on Videoconferencing services.
CSC Office Automation; Rolling Meadows, [l
Maior AccOtml Monaoer
2/96-9/97
bUCATION
1991-1993
1993.1995
A.A., Business Management. College ofDupage, Glen Ellyn, II.
BS, Business Administtation, Loyola University, Chicago, lL
........,. I
CITY OF DELRAY BEACH ~ .1JW\;,jt:t1.j
BOARD MEMBER APPLICATION S-;J9-t:J1P
Please. e or rint the followin information:
1. Last Name:
p.. I
2. Home Address:
t t>':3 -:; uj l"?"1'1o& s-h..o.:r
3. Legal Residence:
? .e
4. Principal Business Address:
?GlWl-e..
5. Home Phone:
Name
?
City
'De...L
City
~~\.W..e.
City
v.eJ
p,., .et1
State
Fl.
State
State
Zip Code
0o"\.e...
::;a W1-(.....
E-Mail Address: Cell Phone:
~'l.4-14. ~q~3
Fax:
Business Phone:
-
7.
.o$o\.Te PI",... A ""~ ~d..
8. List all City Boanls on which you are currendy setving or
~... u
9. Educational qualifications:
(
10. List any related professional certifications and licenses which you hold:
.c...e. ~ tJ u.JL .
0.....-1
~ 4,fM
I hereby certify that all the above statements are true, II11d I agree and undetstand that any misstatement of material mclS
contained in this application may cause forfeiture upon my part of IniY appointment I may receive.
'//d ,C.J 'Z <=t UXJ 4-
DATE
Note: is appJtcation will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure lhat a current application is on file.
~ r; S'C!TYCLl!RK\BOARDIAI'l'U:ATlON
Samuel Resnick
2835 SW 13th Street
Delray Beach, Fl. 33445
Ph# 561.330.8419
Resume of Samuel Resnick
1. Education
a) Graduated from City College of New York in Aug. 1949 with a Bachelor
of Civil Enginering Degree.
b) Completed various courses in Building Code Administration and code
analysis. Theses courses were given by Building Officials and Code
Administrators, International. (BOCA)
2. Licensing
a) Retired professional engineering licenses- Florida, Connecticut, New
York, New Jersey, and Vermont.
b) Retired registered architectural licenses- Florida, Connecticut, New York,
Mass., Vermont, Delaware, Pennsylvania, and the National Council
Architectural Review Board.
c) Certified as Chief Building Official by State of Connecticut in 1979.
3. Organizations
a) Was member of State of Connecticut Codes and Standards Committee
from 1982 to June 1987.
b) Adjnnct Assistant Professor in Civil Engineering Technology at Norwalk
State Technical College.
c) Member of the construction panel of The American Arbitration
Association.
d) Member of the Palm Beach County Board of Education oversight
committee on school construction from 1995 to 1996.
4. Experience
a) Oct. 1991 to Mar. 1995- Consultant to the Mayor of Norwalk, Ct.
See attached letter.
b) August 1986 to Oct. 1991- Private practice as Architect-Engineer.
c) March 1978 to August 1986- Director of Code Enforcement and
Chief Building Official.
d) June 1957 to March 1978- Private practice as Architect-Engineer.
e) From 1939 to 1957- (except for two years in U.S. Navy and three years
in enginering school) worked for various architectural and engineerin~firms.
M"~'~".....,
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OFFtCEOF THe MAYOR
. FRANK J. ESPOSITO, MAYOR
F~~ty 21,::1:995
'1'6Wh()~:tt:.:M:ClYCO~cern: '.
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'::, .'. "'._ ,__ - ."C.,.-,' _ _ _ --:- :<', ,.:-__'::-, _ _ ._ ','__ _ . _, " _':'" """._ ',,'_ .
~i'a:'l~tt<lij:j,$-bywaYQt int:ti;lductiontoClVe1:y fine a.l:eliiteetfenYUteer ~Q.
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.' .
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.. '1'~l.\lytedthE!():pe:rat1<Jn of' ....tIlEl. .PElPClt~~t()i;~e~tQrc~~t~l'l~
Cl$siste(i . the ..Director' OfCCldEiBnl'.9:tCQmit' . in ':e~i:ldjij9' . c04e
"iMliitpret:Clti'Cins~ . .......... ....... ...... . . .
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~
*****
~OjU6.,. <f /
. 'Yl28'f;a;;-
CITY OF DELRAY BEACH 41>. E:-'/~U
BOARD MEMBER APPLlCATIO~ ~ 0 ! ?I'
17'1.- tlOS
j CI..S'RIr
DElRAY BEACH
, , .. tt , . ...
ifiir
1993
2001
Please information:
1. Last Narne: S"c Nf'!~ / DtY<---
2. Horne Address:C; I
3. Legal Residence:
4. Principal Business Address:
"5>:1vYlf-
NarneN ./
flfv C I,-
City /J A
b f0iV' ~Ack
Sute
City
City
State
Zip Code
5. Horne Phone:
Business Phone:
E-Mail Address:
Cell Phone:
Fax:
")&/ 2.,6S~)7?b jOr-nO lic;G'I
6. Are you a registered voter? (;- S If so, where are you registered? Pel.-
7. What Board(s) are you interested in serving? Please list in order of preferencejut'; (1-1 i)
=---
C UYLfUNtL-
11. Give your present, or rnost recent employer, and position:
{' I! ~/-J r ~ c#J}!J;Tf
~ / pJi ViY-:J
rzA I/:V
AiAY> Co
I hereby certi at the above statements are true, and I agree and understand that any misstatement of material facts
contain\ed in ~pplication may cause forfeiture upon my part of any appointment I he~e.
&~--- D~~ j
/(E; /JJI1Jfi I
,. t:./';j
UVt2 /N W-,{.
6F" {jILt I
W41v
<5 lie f NV<J?Vt'iJ
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.
S\CITYCUlRK\BOARDWPUCAnON
...
Delray Beach
b:ad
;qw
lllP3
lIOWl
CITY OF DELRA Y BEACH
BOARD MEMBER APPLICATION
.fia>>yC7/7 ffiuJe.
/t >hiP
~//kte-
-:L oA-X"- (p
Please type or prinl the followin2 infonnation: 3/3//17
I. Last Name: Name M.L
Smith James (Jim) E.
.
2. Home Address: City State Zip Code
1225 S. Ocean Blvd., #202 Delray Beach FL 33483
3. Legal Address: City State Zip Code
Same as Above
4. Principal Business Address: City State Zip Code
N.A.
5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:
561) 330-6798 N.A. liameseiimchar@aol.com N.A. 1/5611330-6798
6. Are you a reltistered voter? Yes If so, where are you rel!;istered? Delray Beach, FL
)7. What Board(s) are you interested in serving? Please lisl in order of preference:
Nelahborhood Advisory Council
8. List all City Boards on which you are currently serving or have previously served: (please include dates)
PedlBike Task Team - 2003 (Chairmanl, Elder Ready Task Force - 2002. Please see attachment.
.
9. Educational qualifications Florida State University - Bachelor of Science
University of Miami - M.B.A.
10. List any related professional certifications and licenses which you hold:
.
II. Give your present, or most recent employer, and position:
Retired - Formerly VP of Finance I CFO I Controller
Unen Supermarket I L. Luria & Son I Miami Herald
12. Describe experiences, skills, or knowledge which qua1i1Y you to serve on this board: (Please attach a brief resume.)
Please see attachment.
I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts
contained in this application may cause forteiture upon my part of amy appointment that I may receive.
~/~ ~ March 30. 2005 9ECEIVED
-
SI fufi DATE MAR 3 1 2005
Note: This application will remain on file in the City Clerk's Office for a periodof2 years from the date itmr. \J "'LERK
submitted. It will be the applicant's responsibility to ensure that a current application is on file. v I l V
Delray Beach
b:a:d
'QTr.
lOt)
18.'
ATTACHMENT: SMITH, JAMES E.
CITY OF DELRA Y BEACH
BOARD MEMBER APPLICATION
8. List all City Boards on which you are currently serving or have previously served: (Continued.)
As Chair of the PedlBike Task Team, I provided leadership In preparing a 250 page detailed report,
an Executive Summary Report, and a PowerPoint presentation of recommendations for the City
Commission.
Unlike many other City committees, the PedlBike Task Team had no turnover, and encouraged and
received public participation.
12. Describe experiences, skills or knowledge which qualiJY you to serve on this board: (Continued.)
"Attended the first Delray Beach Residents' Academy.
"While a member of PROD, served on its Board of Directors.
.. Established 'Walk A Child to School Day" in Delray Beach by promoting and coordinating the walk
at Banyan Creek Elementary in 2002, at Pine Grove Elementary in 2003, and obtained a commitment
from the City to sponsor the event in future years.
"Discovered an available $100,000 grant and let the City know how to secure it.
.. Convinced the Florida Department of Transportation (FOOT) of the need for adding an additional
traffic light and speed limit sign at Casuarina and A1A in 2001.
.. Persuaded FOOT to fill in a sidewalk gap on Atlantic Avenue in front of Bush's Restaurant in 2005.
"Supported the City's effort to pass the Parks & Rec Bond Issue by speaking out publicly and
writing "Letters to the Editor".
"Encouraged the City to acquire the Carver Square "sinking homes" property.
"Promoted and organized a "Beach Clean-Up" In November 2004.
.. Founded SAFE (!!afety As fOOT Envisions) and campaigned for a complete sidewalk on the west
side of A1A from Linton Blvd to Bush Blvd and .for bicycle laneS.
.. Persuaded the City Manager to assign the duties of a PedlBike Coordinator to a City staffer and
to nominate the staffer to the Palm Beach MPO PedlBike Committee.
Other volunteer activities and hobbies include:
"Sea turtle monitoring in Highland Beach Zone 5.
"Special Events for the Norton Museum.
"Vegetable gardening.
Other skills: Computer spreadsheet and PowerPoint.
Please
1. Last Name: ~}.j I? ."'\i
2. Home Address:
<s
3. Legal Residence:
~
4. Principal Business Address:
/(Ip/{/ie .
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CITY OF DELRA Y BEACH :z;,,~f ~
BOARD MEMBER APPLlCATIONRE'-'y;~
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5. Home Phone: Business Phone:
E-Mail Address:
Cell Phone:
Fax:
If so, where are you registered? r-
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leaseJist in order of reference:
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8. Jjst all City Boards on . ch you are currendy serving or
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9. Educational qualifi
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10. List any related professional certifications and licenses which you hold:
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I hereby certify at all the above tements are true, and I agree and nnderstand n fit tate
C~ed in this ."ppli:::n may cause forfeiture upon my part of any appointment I may receive.
t\\j\ ~ H 1:\. \.\).. )~~ill \ \ \ Cll\\ l'I ~
SIGNATURE DATE
Note: nus application will remain on f1le in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibiliry to ensure that a current application is on f1le.
I s\cITYCLERK\BOARD\APPUCATION
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PATRlCIA T. WESTALL
1102 Seaspray Avenue
Delray Beach, FL 33483
561.243.7959
. Patricia_ Westall@hotmail.com
SUMMARY
A high energy healthcare professional with over
twenty years of experience in client services, specializing in
clinical consulting, marketing, sales, strategic planning and
administration. Excellent problem solving abilities and
group process skills. Can work with professionals and groups
at any level.
SKILLS
CLIENT SERVICES Managed hospital accounts al executive level
as point of contact, from iuitial deliverylinstallation through complete
product/service delivery with consistently high customer satisfaction
ratings.
i
-'
STRATEGIC PLANNING Directed hospital slrategic planning
process. Served as planuing consultant to clients for defining goals and
objectives, negotiating vendor contracts and refining market share
strategy.
MARKETING Direcled marketing activities for clinical oulcomes
management firm and was VP of Markeling for large urban hospital.
COMMUNICATION Strong presentation skills refined
through managing a variety of sales presentation models to large and
small groups, including pbysicians aud hospital boards.
SALES Successfully sold multi year contracts for clinical/financial
outeomes products and services to hospitals and health systems.
EXPERIENCE
June 2000-
September 2002
Consultant and Independent Contractor, Atlanta Georgia and Delray
Beach, Florida
Hospital and Physician Practice Managed Care Contracting
March 1998-
June 2000
GE Medical Systems Healthcare Solutions, Atlanta Georgia
Regional DireciorlSenior Manager, Client Services
Responsible for account management for clients in multiple stales as well
account renewals and additional product and consulting sales.
September 1990-
February 1998
IAMETER, Ine., Atlanta, Georgia
Senior Manager
Presented, sold and delivered clinical outcomes products /services to
administration and medical staff. Directed marketing activities and
training of new sales, marketing and account managemenl personnel.
Participated in planning sessions as well as development of new consulting
practice areas.
July 1983-
April 1990
GEORGIA BAPTIST MEDICAL CENTER - Atlanta Georgia
Vice President, Planning and Marketing
Directed planing and marketing functions for this 500 bed non-university
teaching facility and its affiliated organizations. Coordinated strategic
planning process. Directed development of data support systems. Managed
public, community and guest relations. Coordinated all physician support
activities. Supervised staff in six supporting departments.
June 1982-
July 1983
EGLESTON CHILDREN'S HOSPIT AL AT EMORY UNIVERSITY
Atlanta Georgia
Strategic Planning Analyst
Coordinated statistical support for facility strategic plan. Served as liaison
between hospital board, administration and long-range planning strategy
consultants.
i
i
EDUCATION
1990
M.p.a - Healtb Administration
Emory University - Atlanta Georgia
1979
B.B.A. - Health Administration
Georgia State University - Atlanta Georgia
SELECTED PROFESSIONALNOLUNTEER ACfIVITffiS
. Society for Healtheare Strategy and Market Development of AHA
. Georgia Society for Healthcare Planning and Marketing, Past President
. Women Healthcare Executives, Founding Member
. Georgia Nurses Foundation, Inc. Board Member 1994-1996
. GSHPM, Annual Meeting, 1993, Faculty
. NAJIDO, Southeasteru Regional Meeting, 1994, Mea.urin!! Provider
Performance. Presenter
. Quality Review Coordinators of SW Ohio, 1994, Makin!! Sense of Data.
Presenter
. South Carolina Health Infonnation Management Association Annual
meeting, 1995,. Presenter
. International Communications (or Management, Direct Contractio!!'96.
The Future of Manae:ed Care. 1996, Presenter
. Internalional Quality and Productivity Center, Best Practices in Direct
Contractine:. 1996, Workshop leader
. Community Service Award, Women Healthcare Executives, 2000
. Cedar Hill Enrichment Center, Board Member, 1999-2002
. Metro Slate Prison for Women, Atlanta, Volunteer, 1997-2002
. Palm Beach Literacy Coalition, Reading Tutor, 2003 - presenl
. Delray Beach Residents Academy, Graduate, May 2004
. Beacb Property Owners Association, Design Guidelines Task Force, 2003 -2004
]
/
1102 Seaspray Avenue
Delray Beach, FL 33483
November 9, 2004
Venice Cobb
Executive AssistantIBoard Liaison
City ofDelray Beach
lOON.W. 1st Avenue
Delray Beach, FL 33444
Dear Venice:
As you suggested in your e-mail of November 5th I have completed a new Board member
application and highlighted those areas where I think I would qualify for the
Neighborhood Advisory Council. Please note that I have yellow highlighted the sections
of my CV that focus on community involvement and leadership. While I would certainly
be willing to serve on the Construction Appeals council I think it is pretty clear that my
strengths and experience are much more in line with Neighborhood Advisory.
Thank you for your input. Should I plan to be at the meeting when this is presented?
Cordially, _'. .
?~\D~
Patsy Westall .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM # Cf.::J - REGULAR MEETING OF NOVEMBER 1. 2005
AMENDMENT 9-1-1 INTERLOCAL AGREEMENT/PALM BEACH
COUNTY
DATE:
OCTOBER 28, 2005
This is before the Commission to approve Amendment #001 to the 9-1-1 Interlocal Agreement
between Palm Beach County and the City of Delray Beach. The agreement includes amendments
regarding renewal terms and addressing within municipal boundaries for the routing of 9-1-1 calls.
The agreement has been reviewed and approved by the City Attorney's office. It will be automatically
renewed and extended annually for one (1) year periods.
Recommend approval of Amendment #001 to the 9-1-1 Interlocal Agreement with Palm Beach
County.
S:\City Clerk\agenda cover memos\9-1-1 Agreement\Palm Beach County.l1.m.OS
Department of Public Safety
Division of Emergency Management
Office of Emergency Medical Services
20 South Military Trail
West Palm Beach, FL 33415
(561) 712-6400
FAX: (561) 712-6455
www.pbcgov.com
.
Palm Beach County
Board of County
Commissioners
Tony MasHotti, Chairman
Addie L. Greene, Vice Chairperson
Karen T. Marcus
Jeff Koons
Warren H. Newell
Mary McCarty
Burt Aaronson
County Administrator
Robert Weisman
"An Equal Opportunity
Affirmative Action Employer~
@ printed on recycled paper
RECEIVE~
~r:p 2 6 2005
CITY MANAGER
MEMORMANDUM
DATE:
September 22, 2005
TO:
Town/City Manager
c/o PSAP Manager
FROM:
Mark Adler 'HI 4-
9-1-1 Coordiantor
RE:
Update of 9-1-1 Interlocal agreement
Many of the current 9-1-1 interlocal agreements have been in place
since 1992. Over the years they have served us very well but a few
deficiencies have become apparent.
A few years ago an auditor noticed that the term of many of the
contracts, actually ended on September 30, 1993. All parties
involved agreed and understood that the contract was automatically
renewed each fiscal year but it was suggested that a future
amendment be made to the interlocal agreement that corrected this
scrivener's error. This amendment addresses this concern.
Another issue has been the addressing responsibilities. Up until a
few years ago 9-1-1 Management could keep up with updating the
MSAG based on addressing information that was gathered in-
house. The growth of the county has made this impossible and it
has become necessary to shift some of this responsibility over to the
municipalities. Since updating the MSAG directly affects the
routing of 9-1-1 call and the display of the callers address it is
mission critical and should be addressed in the interlocal
agreement.
The change of address for 9-1-1 Management is also rectified.
Three copies of the proposed interlocal agreement have been
enclosed with this letter. After they have been executed by the
municipality, return them to 9-1-1 Management. Two will be
retained by the county and one fully executed copy will be returned
to the municipality.
Contact me with any questions or concerns.
AMENDMENT #001
TillS AMENDMENT to the contract entered into between Palm Beach County and the
City of Delray Beach (R-92-1158-D) is made and entered into this _ day of
, 2005. by and between the Board of County Commissioners of PALM
BEACH COUNTY a political subdivision of the State of Florida, whose address is 301 N. Olive
Avenue, West Palm Beach, Florida 33401, hereafter referred to as the COUNTY and the City of
Delray Beach, a Florida municipality, whose address is 300 W. Atlantic Ave., Delray Beach
Florida 33444, hereafter referred to as the CITYfTOWN.
WITNESSETH:
WHEREAS, the existing interlocal agreement contains a Scrivener's error in "The Term"
of the interlocal agreement; and
WHEREAS the CITYfTOWN is the source of addressing within the municipal boundaries,
it is imperative that addressing information be provided to 9-1-1 Management in a timely and
comprehensive manner,
WHEREAS the address for 9-1-1 Management has changed.
NOW THEREFORE, in consideration of the mutual promises and covenants herein
contained, the following changes and additions are mutually agreed between the parties as follows:
I SECTION 2. The Term is amended to read:
2. The Term. This Contract shall be effective from October 1, 1992 to September 30,
1993, and shall be automatically renewed and extended annually for one (I) year periods unless
either party gives written notice to the other of its intention to terminate this contract at least ninety
(90) days prior to the date of the expiration.
II SECTION 3. Obligation of the CITYfTOWN is amended to read:
3. Obligation of the CITYfTOWN
j. That the CITYfTOWN shall minimize or eliminate the duplication of street
names within Palm Beach County by allowing only phonetically unique names (Utilizing a unique
root name with different road types such as Street, A venue, Boulevard, etc. shall not constitute a
phonetically unique name.) and registering these phonetically unique street names with Palm
Beach County Planning, Building and Zoning Addressing Section, and
k. That the CITYfTOWN shall provide 9-1-1 Management with a copy of all
correspondence, site plans, plats, ordinances, and/or resolutions that name or rename streets within
the municipality within ten days of their enactment and
I. That the CITYffOWN shall provide 9-1-1 Management with a copy of all
correspondence, building permits, site plans, and/or plats that assign or reassign addresses within
the municipality, within ten days of their being addressed and
m. The CITYffOWN shall respond to 9-1-1 Management addressing questions
within ten days of the receipt by the CITY ffOWN.
ill SECTION 4. Obligation of the COUNTY is amended to read:
4. Obligation of the COUNTY
c. The COUNTY shall reimburse the CITYffOWN for legitimate 9-1-1 costs
incurred during the term of, and in accordance with the provisions of this Contract, provided the
invoices for the same are submitted to the COUNTY as soon as practical but no later than thirty
(30) days of expiration of this Contract. Reimbursement of costs incurred by the CITYffOWN in
accordance with the Contract, and budgeted and approved by the COUNTY, will be made upon
receipt of proof of payment and invoices, including copies of the applicable bill from the
equipment or service provider, delivered to:
EMS/9-1-l Management
20 S. Military Trail
West Palm Beach, FL 33415
i. Palm Beach County 9-1-1 Management shall update the 9-1-1 ALl data-
base and call routing within five working days of receipt of information from the CITYffOWN.
V SECTION 5. Notices is amended to read:
5. Notices. All notices required under this contract shall be forwarded, in writing to:
CITYffOWN
City of Delray Beach
300 W. Atlantic Ave.,
Delray Beach, FL 33444
With a copy to
COUNTY
E~9-1-IManagement
20 S. Military Tr.
West Palm Beach, FL 33415
With a copy to
County Attorney
301N. Olive Avenue - suite 601
West Palm Beach, FL 33401
IN WITNESS WHEREOF, the County of Palm Beach Florida, has caused this Contract to
be signed by the Chair of the Board of County Commissioners, and the and attested by the Clerk of
said Board, pursuant to authority granted by said Board, and the CITYffOWN has caused this
Contract to be signed by seal of said Board to be affixed hereto and attested by the
Clerk, pursuant to authority granted by said CITYffOWN.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and
year first above written.
SHARON R. BOCK
Clerk & Comptroller
PALM BEACH COUNTY, FLORIDA
BY ITS BOARD OF COUNTY
COMMISSIONERS
ATTEST:
By:
By:
Deputy Clerk
Chairman, Tony Masilotti
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
APPROVED AS TO TERMS AND
CONDITIONS
By:
By:
County Attorney
Department Director
ATTEST:
(City of Delray Beach)
By:
By:
Cityffown Clerk
Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
(Seal)
By:
Cityffown Attorney
[IT' DF DELAAY BEA[H
.~.~.'..
~': (
CITY ATTORNEY'S OFFICE
200 NW IS! AVENUE' DELRAY BEACH, FLORIDA 33444
TELEPHONE: 561/243-7090' FACSIMILE: 56l1278-4755
DELRA Y BEACH
~
All-America CIty
" II J! DATE:
Write(s Direct Line: 561/243-7091
MEMORANDUM
November 1, 2005
1993
2001
TO:
FROM:
City Commission
DavtH~~e_n, City Manager
- -
Brian Shutt, Assistant City Attorney
SUBJECT: Temporarv Housinq Resolution
The attached resolution provides for the waiver of the City's building regulations as
it relates to temporary housing. This resolution would allow the suspension of
certain building regulations to allow temporary housing to be placed on property
when the main structure has sustained damage where it is uninhabitable. This
resolution shall be effective until December 14, 2005. During the period of time
between the adoption of this Resolution and December 14, 2005 City staff will
assess the requests for temporary housing and then determine if a general waiver
of the City's building and land use (setbacks) regulations should be brought before
the Commission at its December 13, 2005 meeting.
Attachment
cc: Chevelle Nubin, City Clerk
Lula Butler, Community Improvement Director
Paul Dorling, P&Z Director
<1~
RESOLUTION NO. 87-05
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, RELATING TO EMERGENCY MANAGEMENT; CONFIRMING A
DECLARATION OF A STATE OF EMERGENCY; AUTHORIZING THE SUSPENSION
OF CERTAIN CITY CODES, RULES AND REGULATIONS RELATING TO
TEMPORARY HOUSING; THIS RESOLUTION SHALL BE VALID UNTIL DECEMBER
14,2005, UNLESS EXTENDED BY THE CITY COMMISSION.
WHEREAS, a State of Emergency in the City of Delray Beach was proclaimed by David
Harden, City Manager on Sundav, October 21.2005 due to Hurricane Wilma; and
WHEREAS, Hurricane Wilma caused extensive damage to public and private property within
the City of Delray Beach; and
WHEREAS, adherence to certain local ordinances, rules and regulations regarding temporary
housing and local building regulations may impact the public health, safety and welfare; and
WHEREAS, Chapter 95 of the City of Delray Beach Code of Ordinances authorizes the
suspension of local building regulations during a State of Emergency.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The recitals and findings contained in the preamble to this resolution are hereby
adopted by reference thereto and incorporated herein, as if fully set forth in this section.
Section 2. A declaration of a State of Emergency proclaimed on Sundav
2005 is hereby confirmed.
, October 23.,
Section 3. Hurricane Wilma caused damage to numerous properties, rendering them unsafe
or marginally habitable.
Section 5. It is necessary to eliminate immediate threats to the life, health and safety of
residents and employees, and eliminate immediate threats to undamaged property, as well as ensure
economic recovery to the City and the community.
Section 6. A valid public emergency exists justifying the suspension of local building
regulations as it relates to temporary housing.
Section 7. The emergency renders it necessary to suspend local ordinances, rules and
regulations dealing with temporary housing as it pertains to properties that have sustained major
damage that have rendered the structure uninhabitable and in which the property owner or tenant
wishes to live on the property but in temporary housing until the main structure has been repaired.
However, this temporary situation shall be on a case by case basis and only for a reasonable period
of time and only in a temporary housing structure or vehicle approved by the City.
Section 8. This resolution shall be valid until December 14,2005, unless extended by the City
Commission.
Section 9. That this resolution shall become effective upon approval by the City Commission
of the City of Delray Beach.
PASSED and ADOPTED in regular session on this the
day of
2005.
MAYOR
ATTEST:
City Clerk
2
RES. NO. H
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER mv1
AGENDA ITEM # \ C'\ F'- - REGULAR MEETING OF OCTOBER 25. 2005
ORDINANCE NO. 73-05 (AMENDING CHAPTER 32. "DEPARTMENTS.
BOARDS. AND COMMISSIONS")
SUBJECT:
DATE:
OCTOBER 21, 2005
This ordinance is before Commission for second reading and public hearing to amend Chapter 32,
"Departments, Boards, and Commissions", by enacting Sections 32.60 et seq creating a Police
Advisory Board.
At the first reading on October 11, 2005, the Commission passed Ordinance No. 73-05.
Recommend approval of Ordinance No. 73-05 on second and final reading.
$; \City Clerk\agenda memos Ord 73-05 Police Advisory Board 102505
Community
Improvement
~
Memo
From:
David Harden, City Manager
Lula BuUer, Director, Community Improvemen~
October 7, 2005
Approval of Ordinance 73-05 Creating a Police Advisory Board
To:
Date:
Re:
ITEM BEFORE THE BOARD:
City Commission consideraUon of approval of Ordinance 73-05 amending Chapter 32 of the
City's Code of Ordinance, enacting a new subheading enUUed "City of Delray Beach-Police
Advisory Board" and enacting Section 32.60 providing for the establishment, purpose,
composition, appointment, qualificaUons of members, duties, responsibiliUes and meeUng
dates of the board.
BACKGROUND:
The City Commission approved the recommendaUon from the Mayor's Advisory Committee
on RAC.E. Relations to create a Police Advisory Board, inclusive of the desired structure for
the board, at the regular meeting of September 20, 2005. Ordinance 73-05 will formally
establish the new Police Advisory Board incorporating the recommendaUons from the
Mayor's Advisory Committee on RAC.E. RelaUons. The ordinance was distributed to the
committee at their regular meeUng on September 27,2005.
RECOMMENDATION:
Staff is recommending approval of Ordinance 73-05, as presented, to formally establish the
City of Delray Beach Police Advisory Board.
LB:DQ
1
\'M
ORDINANCE NO. 73-05
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 32, "DEPARTMENTS, BOARDS AND
COMMISSIONS", BY ENACTING A NEW SUBHEADING
ENTITLED "CITY OF DELRA Y BEACH-POLICE ADVISORY
BOARD" AND ENACTING SECTIONS 32.60 ET SEQ,
CREATING A POLICE ADVISORY BOARD; PROVIDING
FOR THE ESTABLISHMENT; PURPOSE; COMPOSITION;
APPONTMENT; QUALIFICATIONS OF MEMBERS;
DUTIES AND RESPONSIBILITIES; AND MEETINGS OF
THE POLICE ADVISORY BOARD; PROVIDING. A
SAVINGS CLAUSE; GENERAL REPEALER CLAUSE; AND
AN EFFECTIVE DATE.
WHEREAS, the Mayor's Advisory Committee on RAC.E. relations has been
meeting since April of 2005, addressing race relations in the City of Delray Beach; and
WHEREAS, one of the recommendations of the RAC.E. Relations Committee
was to create a Police Advisory Board; and
WHEREAS, the purpose, function, makeup and initial selection process were
proposed by the RAC.E. Relations Committee; and,
WHEREAS, this ordinance incorporates the suggestions of the RACE
Relations Committee.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA AS FOLLOWS:
Section 1. That the Code of Ordinances is hereby amended by amending
Chapter 32, "Departments, Boards and Commissions", to enact Sections 32.60 et seq to
create the City of Delray Beach Police Advisory Board to read as follows:
THE CITY OF DELRA Y BEACH POLICE ADVISORY BOARD
Sec. 32.60. ESTABLISHMENT
The Police Advisory Board of the City of Delray Beach is hereby established as
an advisory body to the Chief of Police, City Manager and City Commission.
Sec. 32.61 PURPOSE
The Police Advisory Board acts as an advisory body to the Chief of Police, City
Manager and City Commission on policy and resource issues; serves as a conduit for
the community to address their issues and community problems through a cooperative
effort; reviews community needs, concerns, expectations and responses relative to
police services and community policing; and advises the Police Department on and
provides support for communication and education between the community and the
Police Department.
Sec. 32.62 COMPOSITION; APPOINTMENT; TERMS.
The Police Advisory Board shall be composed of thirteen (13) regular members.
The first Board appointments consisting of thirteen (13) regular members shall be
recommended by the RAC.E. Relations Committee and approved by the City
Commission. Thereafter, the City Commission shall fill vacancies in accordance with
City Policies and Procedures. The thirteen (13) regular members shall be appointed by
the City Commission for terms of two (2) years, except that the members of the first
Board to serve shall be appointed so that seven (7) members shall serve for three year
terms and six (6) members shall serve two-year terms. Their successors shall be
appointed for two-year terms. It is further provided that no member may serve more
than two (2) successive terms on this Board.
Sec.32.63 ORGANIZATION.
(A) The Police Advisory Board shall elect a chairperson and vice-chairperson
to preside at its meetings and any other officers as the Board may deem necessary.
(B) The Police Advisory Board shall have technical and logistical support
provided by and as determined by the City Manager. A staff person shall be designated
as the official City contact with the Police Advisory Board.
Sec. 32.64 QUALIFICATIONS OF MEMBERS
(A) The Police Advisory Board membership shall include a diverse cross
section of the community.
(B) The membership shall include business owners, religious and faith based
organizations, youth, school officials and local organizations, where feasible.
(C) The City Commission shall endeavor to include as many racial and ethnic
minority members as possible.
Sec. 32.65 DUTIES AND RESPONSIBILITIES
The duties and responsibilities of the Police Advisory Board shall be as follows:
(A) Serve as a liaison between the Police Department, the community and the
City to increase communication between the Police Department and the City;
2
(B) To assist the Police Chief and District Commanders, through input, in
making quality decisions; to assist in the addressing of short-term and long-term
concerns of the community and to help identify priorities and solutions;
(C) To provide input on police policies, procedures and practices designed to
decrease misunderstandings with and among the members of the community; and
(D) To review and make recommendations concerning such other matters as
may be referred to the board, from time to time, by the Chief of Police, the City Manager
or City Commission.
Sec. 32.66 MEETINGS
(A) The Police Advisory Board shall meet at least once monthly on the second
Monday of each month except when that date falls on a holiday. In that circumstance,
the Board shall establish another regular meeting date for that month. The Police
Advisory Board may hold special meetings at the direction of its chairperson upon
twenty-four (24) hours' notice.
(B) All meetings shall be open to the public and the order of business and
procedure shall be as prescribed by the rules and regulations to be formulated by the
Police Advisory Board and adopted by the City Commission.
Section 2. That should any section or provision of this ordinance or any
portion thereof, any paragraph, sentence, clause or word be declared by a court of
competent jurisdiction to be invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part hereof other than the part declared invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be,
and the same are hereby repealed.
Section 4. That this ordinance shall become effective upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the day of , 2005.
ATTEST:
City Clerk
MAYOR
First Reading
Second Reading
3
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER rJri\
AGENDA ITEM # \ 08 - REGULAR MEETING OF OCTOBER 25. 2005
WAIVER OF BIDDING REOUlREMENTS/BUS SHELTER INSTALLATION
SUBJECT:
DATE:
OCTOBER 21, 2005
This is before the Commission to consider approval of waiving the requirements of Section 36.02, "Acquisition of
Personal Property, Supplies, or Contractual Services", and Section 36.05, "Bidding Procedures", of the Code of
Ordinances, for the installation of bus shelters.
Over the past two (2) years, on three different occasions, the City has solicited competitive bids for the procurement
and installation of forty-seven (47) bus shelters to be placed at various locations around the city.
On November 20, 2003, bids were opened for the first bid; which included prefabrication, delivery, and installation of
the shelters; and construction of concrete slabs necessary for the installation. On February 3, 2004, the contract was
awarded to Day tech Manufacturers, Inc. After a year in pursuit of a start date with Day tech, we were notified that the
branch we contracted with had ftIed for bankruptcy under Chapter 11. After negotiations for alternative contract
performance parameters slalled, the contract was rescinded on March 8, 2005.
At this time and with advice from manufacturers in the industry, we split the project into two bids; one for construction
of the concrete pads for the structures, and one for the prefabrication, delivery, and installation of the structures.
The bid for the pad installation was opened on February 24, 2005 and subsequently awarded to Rosso Paving. All pads,
at stops identified for shelters, have been installed.
A rebid for the prefabrication and installation of the bus shelters resulted in receipt of two responses at the bid opening,
both of which exceed $1,000,000.00; more than twice the project budget. These bids were rejected on May 3, 2005 and
a proposal was offered 10 City Commission to accept the lowest of three quotes solicited from specific shelter
manufacturers. A concern over awarding the contract on that basis constituting a violation of the grant requirements
proved valid, and the project was rebid again.
The scope of the third bid was limited to the prefabrication and delivery of the structures. On June 21, 2005, the
contract was awarded to Brasco International, Inc. Shelters are currently in prefabrication with delivery anticipated in
December.
A fourth set of specifications was prepared and advertised for bid with a scope consisting of installation of the
structures at the locations identified and where concrete pads currently exist. That bid was opened on September 29,
2005. At the specified submittal deadline there were no responses submitted for the project.
In view of the anticipated date of delivery for the shelters and the lack of success with solicitation of competitive bids
for installation, staff requests that Commission waive the City's bidding requirements for this project and agree to
award the contract for installation of the structures on the basis of quotes to be solicited by staff.
s: \City derk\agendamemos\CM Waiver of Biding Requirements Bus Shelters 102505
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN
D
u
M
www.myde/raybeach.com
TO:
David T. Harden, City Manager
FROM:
Richard C. Hasko, P.E., Environmental Services Director
Q;%
SUBJECT: WAIVER OF CITY BIDDING REQUIREMENTS
DATE: October 17, 2005
We have attempted on three different occasions over the past two years to solicit competitive bids for
the procurement and installation of forty-seven (47) bus shelters to be placed at various locations
around the city. Our first bid scope included prefabrication, delivery and installation of the shelters,
and construction of concrete slabs necessary for the installation. Bids for that contract were opened
on November 20, 2003 and the contract was subsequently awarded to Daytech Manufacturers, Inc. on
February 3, 2004. After a year in pursuit of a start date with Daytech, we were notified that the
branch in the US with which we contracted had filed for bankruptcy under Chapter II. After
negotiations for alternative contract performance parameters stalled, their contract was rescinded on
March 8, 2005.
At this juncture and with the benefit of advice from manufacturers in the industry, we split the project
into two bids; one for construction of the concrete pads for the structures, and one for the
prefabrication, delivery and installation of the structures themselves. The bid for the pad installation
was opened on February 24, 2005 and subsequently awarded to Rosso Paving. To date, all pads at
stops identified for shelters have been installed. A rebid for the prefabrication and installation of the
bus shelters resulted in receipt of two responses at the bid opening, both of which exceed $1,000,000;
more than twice the project budget. These bids were rejected on May 3, 2005, and a proposal was
offered to City Commission to accept the lowest of three quotes solicited from specific shelter
manufacturers. A concern over awarding the contract on that basis constituting a violation of the
grant requirements proved valid, and the project was rebid again.
The scope of the third bid was limited to the prefabrication and delivery of the structures. This bid
resulted in the contract that we currently have with Brasco International, Inc., which was awarded on
June 21, 2005. Shelters are currently in prefabrication with delivery anticipated in December.
A fourth set of specifications was prepared and advertised for bid with a scope consisting of
installation of the structures at the locations identified and where concrete pads currently exist. That
bid was scheduled to open on September 29,2005. At the specified submittal deadline on September
29, 2005, there were no responses submitted for the project.
In view of the anticipated date of delivery for the shelters and the lack of success to date with
solicitation of competitive bids for installation of the structures, staff requests that Commission waive
the City's bidding requirements for this project and award the contract for installation of the
structures on the basis of quotes solicited by staff. Please place this item on the Public Hearing
portion of the October 25,2005 agenda for consideration by Commission.
Cc: Susan Ruby, City Attorney
Victor Majtenyi, Construction Manager
Scott Aronson, Parking Management Specialist
AGENDA ITEM NUMBER:
l~G
AGENDA REQUEST
Date: October 17, 2005
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda
When:
October 25, 2005
Description of agenda item:
Staff requests Commission to waive City's bidding requirements for installation of Bus Shelters due
to a lack of success in securing a contract for that work through the competitive bidding process.
Quotes will be solicited from local contractors for performance of this work and staff will request
Commission award of a contract on that basis.
ORDINANCE/RESOLUTION REQUIRED:
Draft of Resolution Attached:
YES
YES
NO
NO
x
X
Recommendation: Staff recommends waiver of City's bidding requirements.
Department Head Signature:
Cl:rffJc- J{~
to -/':J-- uS
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review
(required on all items involving expenditure of funds):
Funding available:
Yes
No
Funding alternatives (if applicable):
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for Agenda:
@
~
No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved:
Disapproved:
P.O. #
AGENDA ITEM NUMBER:
oj(
ttr1
_I~~~
DAVID T. HARDEN, Clrcv:J!ry)/Mi2 /
PAUL DORLlNG, DIRECTOR OF PLANNI~AND ZONING
JASMIN ALLEN, PLANNERk/~'1 ~~
MEETING OF OCTOBER 2s:S005
REZONING FROM RO (RESIDENTIAL OFFICE) TO R-1-A (SINGLE FAMILY
RESIDENTIAL) FOR LOTS 13-16, BLOCK 12, DELL PARK, LOCATED AT THE
SOUTHEAST CORNER OF NE 9TH STREET AND NE 2ND AVENUE.
TO:
THRU:
FROM:
SUBJECT:
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The proposed rezoning involves four platted lots (Lots 13 thru 16, Block 12, Dell Park), totaling 0.57 acres.
The properties contain two structures which have previously been used as medical offices. With the
adoption of the City-wide rezonings in 1990, the subject parcels were rezoned from RM-10 (Medium Density
Residential-10 units per acre) to RO (Residential Office) to accommodate the existing medical office use.
On March 3, 1998, the City Commission adopted the SeacresVDel-lda Neighborhood Plan which outlined a
vision for revitalizing the Seacrest neighborhood. In conjunction with the adopted SeacrestlDel-lda
Neighborhood Plan, the properties immediately adjacent to the subject site were rezoned from RL (Low
Density Residential) to R-1-A (Single Family Residential). The subject properties are owned by Ninth Street
Properties LLC, which also owns the lot immediately to the east (Lot 12, Block 12). The property owner is
proposing to build four single family residences on the lots being rezoned. A fifth residence is proposed for
Lot 12 (located adjacent to the subject lots), which is currently zoned R-1-A (Single Family Residential).
Single family residences are allowed as a principal (permitted) use within the RO zone district, however a
minimum lot size of 8,000 sq. ft. (80' frontage/width and 100' depth minimum) is required within the RO
zoning district. Based on the lot size requirements under the RO regulations, only two single family
residences could be accommodated on the subject parcel. Conversely, the proposed R-1-A zoning district,
would allow the construction of a single family residence on each of the four (50' X 100') platted lots.
Positive findings can be made with respect to Sections 3.1.1, 3.2.2, and 2.4.5(D) of the Land Development
Regulations. Additional background and an analysis of the request are found in the attached Planning and
Zoning Board Staff Report.
, -.'" ;:~~'h:~';deT~~'I~ -1~1~1!~~{( ;'.; ':'l~i", ~ 2i~i:il~;r~J:~\-~-r(;l~l- -~'~ ~
t 'u. _" __ _ ~lL~",..c "<~_ _~,,-=,":: _ _w :;::.,,;:.._ ~.1!.__",~",,_...:" ...< __ ~l.. ~~it","~...df.__.'"'-~'4:.=~'_'i,=!.;;!l,;,..___ - - =--."
At its meeting of September 19, 2005, the Planning and Zoning Board held a public hearing in conjunction
with the request. There was no public testimony in support of or opposition to the proposal. After reviewing
the staff report and discussing the proposal, the Board voted 6-1 (Gary Eliopoulos dissenting) to recommend
to the City Commission approval of the rezoning, by adopting the findings of fact and law contained in the
staff report, and a finding that the request is consistent with the Comprehensive Plan, and meets the criteria
set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development Regulations.
" "~"' :-'!;.,._'~-:-=~':";= ;~--'-"'-:---"-"".'~--' -_.-~ - -.;
~ _ _-=-~c . _ ",.,~_._.~~_,-,_~"'""~~;;~:1:J1;"~~"~~ ~~_"t-~~__ ___~l_.
Move approval of the rezoning from RO to R-1-A, 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, with second reading
to occur on November 15, 2005.
Attachments: Proposed Ordinance & Planning and Zoning Board Staff Report of September 19, 2005
\~A
ORDINANCE NO. 74-05
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED RO (RESIDENTIAL OFFICE) DISTRICT TO
R-I-A (SINGLE FAMILY RESIDENTIAL) DISTRICT; SAID LAND
BEING A PARCEL LOCATED AT THE SOUTHEAST CORNER OF
NE 2ND AVENUE (SEACREST BOULEVARD) AND NE 9TH STREET,
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 property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated April 2005, as being zoned RO (Residential Office) District;
and
WHEREAS, at its meeting of September 19, 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
6 to I to recommend that the property hereinafter described be rezoned, based upon positive
findings; and
WHEREAS, pursuant to Florida Statutes l63.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
furthers the objectives and policies ofthe Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan; 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 I. That the recitations set forth above are incorporated herein.
Section 2. 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 R-l-A (Single Family Residential)
District for the following described property:
Lots 13 thru 16, Block 12, Map of Dell Park, according to the Plat thereof, as recorded in Plat Book
8, Page 56 of the Public Records of Palm Beach County, Florida.
Section 3. 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 2 hereof.
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. 74-05
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT ---
September 19, 2005
IV.B.
Rezoning request from RO (Residential Office) to R-1-A (Single Family
Residential) for Lots 13-16 Block 12, Dell Park, located at the southeast
corner of NE 2nd Avenue (Seacrest Boulevard) and NE 9th Street and known as
9th Street Properties. (Quasi-Judicial Hearing).
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Owner/Applican!...""......"""""" Ninth Street Properties LLC
ApplicanL"...."""""..."."...".." Ninth Street properties LLC
Agen!......."....""...."...."""".."... Weiner & Aronson P.A.
Location.."......."."......""".."...... Southeast corner of NE 2nd
Avenue and NE 9th Street
Property Size"....."".""".........". 0.57 Acres
Future Land Use Map....""......" TRN (Transitional)
Current Zoning."....""."""....."". RO (Residential Office)
Adjacent Zoning."""...."...North: R-1-A (Single Family
Residential)
East: R-1-A (Single Family
Residential)
South: RO (Residential Office)
West: R-1-AA (Single Family
Residential)
Existing Land Use...................... Medical Office (vacant)
Proposed Land Use..............."". Four single family residences.
Water Service................"........... Existing on site.
Sewer Service.."..."..............".... Existing on site.
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The item before the Board is that of making a recommendation to the City
Commission on a rezoning from RO (Residential Office) to R-1-A (Single Family
Residential) for 9th Street Properties.
The subject property is located at the southeast corner of NE 9th Street and NE 2nd
Avenue (Seacrest Boulevard).
The proposed rezoning involves four platted lots (Lots 13 thru 16, Block 12, Dell
Park), totaling 0.57 acres. The properties contain the following:
214 NE 9th Street (Lot 13): Existing 1,008 sq. ft. medical office building.
899 NE 'Z'd Avenue (Lots 14-16): Existing 3379 sq. ft. medical office building.
While it is not clear when these structures were built, a conditional use approval was
granted by the City Commission in 1978 to convert the existing residential structures
to medical office. With the adoption of the City-wide rezonings in 1990, the subject
parcels were rezoned from RM-10 (Medium Density Residential-10 units per acre) to
RO (Residential Office) to accommodate the existing office use. Concurrently the
adjacent lots to the east were rezoned from RM-10 (Medium Density Residential) to
RL (Low Density Residential). On March 3, 1998, the City Commission adopted the
Sea crest/Del-Ida Neighborhood Plan which outlined a vision for revitalizing the
Seacrest neighborhood. In conjunction with the adopted SeacresUDel-lda
Neighborhood Plan, the properties immediately adjacent to the subject site were
rezoned from RL (Low Density Residential) to R-1-A (Single Family Residential).
The subject properties are owned by Ninth Street Properties LLC, which also owns
the lot immediately to the east (Lot 12, Block 12). The property owner is proposing to
build four single family residences on the lots being rezoned. A fifth residence is
proposed for Lot 12, which is zoned R-1-A (Single Family Residential). Thus the
rezoning request from RO (Residential Office) to R-1-A (Single Family Residential) is
now before the Board.
REQUIRED FINDINGS:
LOR {Chapter 3} PERFORMANCE STANDARDS:
Pursuant to LOR Section 3.1.1, prior to approval of development applications,
certain findings must be made in a form which is part of the official record.
P&Z Board Staff Report
Rezoning from RO to R-1-A for 9th Street Properties
Page 2
This may be achieved through information on the application, written materials
submitted by the applicant, the staff report, or minutes. Findings shall be made
by the body which has the authority to approve or deny the development
application. These findings relate to the Future Land Use Map, Concurrency,
Comprehensive Plan Consistency and Compliance with the Land Development
Regulations.
o Future Land Use Map . The resulting use of land or structures must be
allowed in the zoning district within which the land is situated and said
zoning must be consistent with the applicable land use designation as
shown on the Future Land Use Map.
The subject property has a Future Land Use Map designation of TRN
(Transitional) and is currently zoned RO (Residential Office). Single family
residential uses are permitted as a principal use within the RO zoning district.
Pursuant to LDR Section 4.3.3 K "Development Matrix", a minimum lot size of
8,000 sq. ft. (80' frontage/width and 100' depth minimum) is required within the
RO zoning district. Based on the lot size requirements under the RO regulations,
only two single family residences could be accommodated on the subject parcel.
Conversely, the proposed R-1-A zoning district, which is also consistent with the
TRN Future Land Use Map designation, would allow the construction of a single
family residence on each of the four platted lots. Thus, based upon the above, a
positive finding can be made with respect to consistency with the Future Land Use
Map designation.
o Concurrency - Development at the highest intensity possible under the
requested designation can meet the adopted concurrency standards.
In the preparation of the Delray Beach Comprehensive Plan, the land use
designations throughout the entire planning and service area were considered
with respect to the overall land use pattern, assessment of level of service, the
provision of services, and meeting remaining land use needs. It is noted that the
single family development allowed under the R-1-A zoning designation
characteristically has less impact on concurrency than the duplex and office uses
allowed within the RO designation.
Drainaae: With rezoning request drainage plans are not required. With
redevelopment of the site, drainage plans will be submitted; however, there are no
problems anticipated in retaining drainage on site and obtaining any/all necessary
permits.
Traffic:
A traffic statement was not submitted with the proposal. However, pursuant to the
Institute of Traffic Engineers (ITE), single family residences account for an
average daily trips (adt) of 10 per residence, thus a total of 40 trips are
anticipated which is significantly less than the existing office use.
P&Z Board Staff Report
Rezoning from RO to R-1-A for 9"' Street Properties
Page 3
Parks and Recreation: Pursuant to Land Development Regulations (LDR) Section
5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to
issuance of a building permit for each unit. Based upon the proposed rezoning,
four (4) dwelling units would be allowed, thus requiring a park impact fee of
$2,000.
Schools: A School Concurrency Application has been transmitted to the School
District of Palm Beach County for their consideration. The Palm Beach County
School District has approved the development proposal for compliance with the
adopted Level of Service for School Concurrency.
Solid Waste:
Based upon the Solid Waste Authority's typical waste generation rates, the waste
to be generated by the four proposed residences will be 1.8 tons less than that
which is currently generated. Additionally, the Solid Waste Authority has.indicated
that its facilities have sufficient capacity to handle all development proposals until
the year 2021.
o Consistency - The requested designation is consistent with the goals,
objectives and policies of the most recently adopted Comprehensive Plan.
Future Land Use Element Objective A-1: Property shall be developed or
redeveloped in a manner so that the future use and intensity is appropriate
in terms of soil, topographic and other applicable physical considerations;
is complimentary to adjacent land uses; and fulfills remaining land use
needs.
There are no significant environmental characteristics to the subject property.
Redevelopment of the property, based upon the proposed zoning, is compatible
with the adjacent land uses, which consist of single family residences to the east
and west, duplex residences to the north and duplex/office to the south). No
compatibility concerns are noted with the surrounding land uses.
Housina Element Policv A-12.3: In evaluating proposals for new
development or redevelopment, the City shall consider the effect that the
proposal will have on the stability of nearby neighborhoods. Factors such
as noise, odors, dust, traffic volumes and circulation patterns shall be
reviewed in terms of their potential to negatively impact the safety,
habitability and stability of residential areas. If it is determined that a
proposed development will result in a degradation of any neighborhood, the
project shall be modified accordingly or denied.
The proposed redevelopment of the commercial property to single family
residences will have a positive effect on neighboring residential properties as the
impacts such as noise and traffic will decrease.
o Compatibility -- The requested designation will be compatible with the
existing and future land uses of the surrounding area.
P&Z Board Staff Report
Rezoning from RO to R-1-A for 9th Street Properties
Page 4
Compatibility is discussed below under the Standards for Rezoning.
o Compliance -- Development under the requested designation will comply
with the provisions and requirements of the Land Development Regulations.
Future redevelopment of the subject parcels will be in accordance with the City's
Land Development Regulations. During the permit review process, the
development proposal will be reviewed for compliance with the LDRs. Pursuant
to LDR Section 4.1.4, while the lots do not comply with the minimum lot area and
lot dimensions for the R-1-A zoning district, they may nevertheless be used to
accommodate four single family residences as they qualify as lots of record.
Pursuant to LDR Section 4.3.4(E)(3)&(4), 'Where a corner lot or through lot has
frontage on an arterial or collector street, the front shall be the side with frontage
on the arterial or collector. Notwithstanding the previous description, if a limited
access easement or limited access right-of-way runs the length of the frontage on
a street, then the front of the lot shall be on frontage without such access
restrictions"
Thus the frontage for Lot 16, (corner lot) is NE 2nd Avenue (Seacrest Boulevard),
unless a limited access easement is placed along NE 2nd Avenue, in which case
the frontage becomes NE 9th Street. Given the orientation of the adjacent lots,
staff recommends that a limited access easement be recorded along the entire
length of NE 2nd Avenue. Given the above, a positive finding with respect to
compliance with the Land Development Regulations can be assumed.
STANDARDS FOR REZONING ACTIONS:
Compliance with the performance standards set forth in LOR Section 3.2.2,
along with the required findings noted in LOR Section 2.4.5(0) (5) 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.
LOR Section 3.2.2: Standards A, B, C and E are not applicable. The applicable
performance standard of LOR Section 3.2.2 is as follows:
(D)That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use 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 following zoning designations and uses border the property:
P&Z Board Staff Report
Rezoning from RO to R-1-A for 9th Street Properties
Page 5
Zonina Desianation:
Use:
West:
R-1-AA
Duplex/Single Family
Duplex/Office
Duplex (property owner intends to
demolish and construct a single
family residence)
Single family residences
North:
South:
East:
R-1-A
RO
R-1-A
The surrounding residential area has been identified as "Revitalization" on the
Residential Neighborhood Categorization Map. The adjacent residential properties to
the north and east are zoned R-1-A (Single Family Residential), which is the
requested zoning classification. The properties to the west are zoned R-1-AA (Single
Family Residential). Although this district accommodates a lower density than the R-
1-A zoning district, no compatibility issues are anticipated. The RO zoning on the
properties to the south accommodates single family residences as well as more
intense duplex and office development.
Policy A-5.5 of the Housing Element requires that a neighborhood plan be prepared
for areas identified as "Revitalization" on the Residential Neighborhood
Categorization Map. As previously stated the Seacrest Del-Ida Neighborhood Plan
was adopted by the City Commission on March 3, 1998.
For future residential development, the SeacresUDel-lda Neighborhood Plan states "it
is the intent of this plan that all new residential development or redevelopment not
located within the Del-Ida Park Historic District be single family detached housing".
The proposed R-1-A zoning furthers the goal of the SeacresUDel-lda Neighborhood
Plan and is appropriate given the existing development pattern and typical lot sizes
on NE 9th Street. Based upon the above, a positive finding can be made with regard
to LDR Section 3.2.2(D), that the proposed rezoning will not result in adjacent
incompatible land uses.
LOR Section 2.4.5{O) (5): In addition to provisions of Chapter Three, the City
Commission must make a finding that the rezoning fulfills one of the reasons
for which the rezoning is being sought. These reasons include the following:
A. That the zoning had previously been changed, or was originally established, in
error;
8. That there has been a change in circumstances which make the current zoning
inappropriate; or
C. That the requested zoning is of similar intensity as allowed under the Future
Land Use Map and that it is more appropriate for the property based upon
circumstances particular to the site and/or neighborhood.
P&Z Board Staff Report
Rezoning from RO to R-1-A for gth Street Properties
Page 6
The applicant has submitted the following statement indicating the reasons for which
the rezoning is being sought based on "C" above:
"Pursuant to Section 2.4.5(D)(2)(C), the request zoning is of a similar intensity as
allowed under the Future Land Use Map. Per Table L-7 of the City of Delray Beach
Comprehensive Plan, R-1-A is a compatible zoning district with the land use
designation of TRN. The parcels being rezoned are sited on a block which is already
zoned R-1-A and is comprised of single family homes. The zoning differences divide
the block and detract from the overall aesthetics of the neighborhood. In addition, the
existing office building surrounded by single family homes is inappropriate. These
properties should be zoned to be compatible with the neighborhood. Finally,
according to the Sea crest/Del-Ida Park Neighborhood Plan adopted by the City
Commission on March 3, 1998, ~d is the intent of this plan that all new residential
development or redevelopment ..... be single family-detached housing. FLUM and
zoning designations will be amended where necessary to support this goal"
By changing the zoning from RO to R~1-A, the City will reduce the density allowed for
these parcels and create a more cohesive neighborhood as outlined in the
Seacrest/Del-Ida Park Neighborhood Plan.
The basis for which the rezoning should be granted relates to "c" in that the proposed
rezoning will allow the redevelopment of the property to be consistent with the zoning
classification and uses within the block and will enhance the overall aesthetics of the
neighborhood. Based upon the above, a positive finding with respect to LOR Section
2.4.5(0)(5) can be made.
Communitv Redevelopment Aaencv (CRA):
At its meeting of September 8, 2005, the CRA reviewed the proposed rezoning and
recommended approval.
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. Letters of objection and/or support, if any, will be presented at the
Planning and Zoning Board meeting.
Courtesy Notices:
A special courtesy notice was provided to the following homeowners associations:
. Sea crest Homeowners Association
. PROD
. President Council
. Del-Ida Park Homeowners Association
P&Z Board Staff Report
Rezoning from RO to R-1-A for 9th Street Properties
Page 7
f -~ k"--' ''i.~~-",-p:,,,"1{:;:-)-..-'i'" ~ ~'" 1,.'';' -,-,...' " "('---:- - - -
)'... _,_,'" '" r,~\~f, ~i:.r ~\~.t.t;I;;~t",J'i_}~C'L,",r"I"""!<.~J ,J'I.' ,
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The proposed rezoning from RO (Residential Office) to R-1-A (Single Family
Residential) is consistent with the policies of the Comprehensive Plan and Chapter 3
of the Land Development Regulations. The proposal also is consistent with the
SeacresUDel-lda Neighborhood Plan, as it will provide for uses that will enhance the
residential character of the neighborhood and reduce the negative impacts associated
with non-residential vehicular traffic on local residential streets. Positive findings can
be made with respect to LOR Section 3.1.1 (Required Findings), LOR Section 3.2.2
(Standards for Rezoning Actions), LOR Section 2.4.5(0)(5) (Rezoning Findings), and
the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore, this
rezoning can be recommended for approval based on the findings outlined in this
report.
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the privately
sponsored request for a rezoning from RO (Residential Office) to R-1-A (Single
Family Residential) for the subject property, 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 the SeacresUDel-lda Park
Neighborhood Plan, and meets the criteria set forth in Sections 2.4.5(0) (5), 3.1.1
and 3.2.2 of the Land Development Regulations.
C. Move a recommendation of denial to the City Commission for the privately
sponsored request for rezoning from RO (Residential Office) to R-1-A (Single
Family Residential) for the subject property, 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 SeacresUDel-lda Park Neighborhood Plan, and does
not meet the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land
Development Regulations.
Move a recommendation of approval to the City Commission for the privately
sponsored request for rezoning from RO (Residential Office) to R-1-A (Single Family
Residential) for the subject property, 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 SeacresUDel-lda Park Neighborhood
Plan, and meets the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the
Land Development Regulations.
Attachments:
o Zoning Map
o Survey
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[IT' DF DELIA' BEA[H
cm AnORNEY'S OFFICE
~ POLICE lEGAL ADVISOR
, III I!
300 w. ATL~NTlC AVENUE. DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7HZ3 . FACSIMILE 561/243-7815
1993
POLICE LEGAL ADVISOR
MEMORANDUM
To:
City Commission
David Harden, City Manager
Catherine M. Kozol, /J J
Police Legal Advisor/~Attorney
From:
Date:
October 18, 2005
Re:
Sexual Predators and Sexual Offenders
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Attached please find an original and two copies of the Sexual Predator
and Sexual Offender Ordinance for placement on the Agenda.
This is an ordinance which provides that sexual predators and sexual
offenders cannot reside within 1500 feet of a designated school, public bus stop,
day care center or park. There are exceptions for offenders and predators who
are juveniles or who have established a permanent residence in Delray Beach
prior to the enactment of the ordinance. Any person who violates this shall be
punished with up to a $500.00 fine and/or 60 days in the county jail, our standard
ordinance penalty.
If you have any questions, please do not hesitate to call me.
Ath/encs.
cc with Encs.
Chevelle Nubin, City Clerk
Susan Ruby, City Attorney
Chief J. Schroeder
of<
4
\@..,&
ORDINANCE NO. 75-05
AN ORDINANCE OF THE CITY OF DELRAY BEACH
AMENDING TITLE 13, "GENERAL OFFENSES", OF
THE CODE OF ORDINANCES BY ENACTING A NEW
CHAPTER 136, "SEXUAL OFFENDERS AND SEXUAL
PREDATORS"; PROVIDING FOR DEFINITIONS;
PROHIBITING SEXUAL OFFENDERS AND SEXUAL
PREDATORS CONVICTED OF CRIMES UNDER
CERTAIN FLORIDA STATUTES FROM LIVING WITHIN
1,500 FEET OF SPECIFIED LOCATIONS WITHIN THE
CITY OF DELRAY BEACH AND PROVIDING FOR
PENALTIES; PROVIDING A SAVING CLAUSE;
GENERAL REPEALER CLAUSE; AND AN EFFECTIVE
DATE.
WHEREAS, the Mayor and the City Commission are deeply concerned about
occurrences in our state and elsewhere, whereby convicted sex offenders who have
been released from custody victimize children within the community where they reside;
and
WHEREAS, the Mayor and the City Commission acknowledge the recidivism
rate for released sex offenders is alarmingly high, especially for those who commit their
crimes on children; and
WHEREAS, the Florida Legislature has determined that sexual offenders and
predators convicted of certain sexual crimes pose a real and substantial danger to
children and therefore, has prohibited such sexual offenders and predators from
residing within one thousand (1,000) feet from certain locations where children regularly
congregate, as setforth in sections 794.065 and 947.1405, Florida Statutes; and
WHEREAS, the Mayor and the City Commission desire to establish a policy
which protects, to an extent greater than the State statutes, the public health, safety,
and welfare of its most vulnerable citizens from this threat; and
WHEREAS, Article VIII, Section 2(b) of the Florida Constitution and ~166.021,
Florida Statutes, grant the City authority to adopt such provisions in order to protect the
health, safety and welfare of its residents; and
WHEREAS, the 8th Circuit, United States Court of Appeals recently issued an
opinion in the case of Doe v. Miller, 2005 WL 991635 (8th Cir. April 29, 2005) in which
the Court upheld similar residency restrictions adopted by the State of Iowa, and found
the restrictions to be valid; and
1
WHEREAS, F.S. 794.065 and F.S. 947.1405 does not contain clear language
expressly preempting local government from enacting ordinances regarding unlawful
places of residences for persons convicted of sex offenses, nor is the legislative
scheme so pervasive as to evidence an intent to preempt the particular area, or is there
such a strong public policy reason for finding such an area preempted by the
Legislature as depicted in Phantom of Clearwater, Inc. V. Pinel/as County, 894 So.2d
1011 (FL, 2nd DCA, 2005); and
WHEREAS, the City Commission finds that the creation of a Sexual Violator
Residency Prohibition Section in the City Code of Ordinances to prohibit convicted sex
offenders from living within one thousand five hundred (1,500) feet of specified locations
in the City of Delray Beach is in the best interest of the health, safety and welfare of the
residents and citizens of the City of Delray Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA AS FOLLOWS:
Section 1. That Chapter "General Provisions" of the Code of Ordinances of the
City of Delray Beach is hereby amended by enacting Chapter 136, "Sexual Offenders
and Sexual Predators", to read as follows:
CHAPTER 136. SEXUAL OFFENDERS AND SEXUAL PREDATORS
Sec. 136.01. DEFINITIONS.
(A) The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this chapter, except where the context
clearly indicates a different meaning:
(1) "Permanent residence" means a place where the person abides,
lodges, or resides for 14 or more consecutive days.
(2) "Temporary residence" means a place where the person abides,
lodges, or resides for a period of 14 or more days in the aggregate during any calendar
year and which is not the person's permanent address, or a place where the person
routinely abides, lodges, or resides for a period of 4 or more consecutive or
nonconsecutive days in any month and which is not the person's permanent residence.
Sec. 136.02 SEXUAL OFFENDER AND SEXUAL PREDATOR RESIDENCE
PROHIBITION.
(A) It is unlawful for any person who has been convicted of a violation
of Section 794.011 ("Sexual battery"), 800.04 ("Lewd or lascivious offenses committed
upon or in the presence of persons less than 16 years of age"), 827.071 ("Sexual
2
performance by a child"), or 847.0145 ("Buying or selling of minors"), Florida Statutes,
or similarly relates to offenses if out-of-state, regardless of whether adjudication has
been withheld, in which the victim of the offense was less than 16 years of age, to
establish a permanent residence or temporary residence within 1,500 feet of any
school, designated public school bus stop, day care center, or park.
(B) For purposes of determining the minimum distance separation, the
distance shall be measured by following a straight line from the outer property line of the
permanent residence or temporary residence to the nearest outer property line of a
school, designated public school bus stop, day care center or park.
(C) Exceptions:
A person referenced in B(1) and residing within 1,500 feet of any
school, designated public school bus stop, day care center, or park, does not commit a
violation of this section if:
(1) The person established the permanent residence prior to
, 2005 (the effective date of this Ordinance No. );
(2) The person had permanent residency prior to being
designated a sexual offender or predator.
(3) The person was a minor when he/she committed the offense
and was not convicted as an adult.
(4) The person is a minor.
(5) The school, designated public school bus stop, day care
center, or park or within 1,500 feet of the person's permanent residence was opened
after the person established the permanent residence.
Sec. 136.03 ENFORCEMENT AND PENALTIES.
A person who violates this section shall be punished as provided in Section
10.99, Code of Ordinances.
Section 2. If any section, subsection, paragraph, sentence or word or
other provision of this ordinance, or any portion thereof, or its application to any person
or circumstance, be declared by a court of competent jurisdiction to be invalid or
unconstitutional, such decision shall not affect the validity of any other section,
subsection, paragraph, sentence or word or provision or its application to other persons
or circumstances and shall not affect the validity of the remainder hereof as a whole or
part thereof other than the part declared to be invalid.
3
Section 3. All ordinances or parts of ordinances in conflict herewith be,
and the same are hereby repealed.
Section 4. This ordinance shall become effective immediately upon
passage on second and final reading.
PASSED AND ADOPTED by the City Commission of the City of Delray Beach
in regular session on second and final reading on this day of September, 2005.
ATTEST:
CITY OF DELRAY BEACH, FLORIDA
Jeff Perlman, Mayor
City Clerk
First Reading on
Second Reading on
4